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HomeMy WebLinkAbout12-09-2019 Council Revised Agenda Date:December 9, 2019 Time:7:00 PM Location: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: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers@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 Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. In addition, please be advised that some of the Council meetings may be video recorded. 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 *Late Item added after the Agenda was published. Pages 1.Call to Order 2.Moment of Reflection 3.Land Acknowledgement Statement 4.Declaration of Interest 5.Announcements 6.Adoption of Minutes of Previous Meeting(s) 6.1 Council Minutes - Minutes of a regular meeting of Council November 18, 2019 6 7.Presentations 7.1 Clarington Gaels Minor Lacrosse - Ontario Provincial U9 Field Lacrosse Championship Certificates to be presented by Mayor Foster and Christopher Byberg, Constituency Office Manager for MP Lindsey Park 7.2 John Henry, Regional Chair - Annual Address 7.3 Gary Muller, Director of Planning, Region of Durham regarding Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region 7.4 George Rocoski, Energy from Waste-Waste Management Advisory Committee (EFW-WMAC) Chair, and Sami Elhajjeh, EFW-WMAC Vice Chair, regarding the EFW-WMAC Annual Update 8.Delegations There are no delegations as of the time of publication. 9.Communications – Receive for Information 9.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham regarding Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region (2019-COW-26), 18 December 9, 2019 Council Meeting Page 2 *9.2 Update from the Clarington Board of Trade - 2019 Q3 KPI Report 30 (Attachment included with Agenda Update) 10.Communications – Direction 10.1 Memo from the Acting Director of Community Services regarding Report CSD-012-19 Community Grant and Event Sponsorship Programs Review 33 (Motion to refer to the consideration of Item 15 of the General Government Committee Report) *10.2 Memo from the Acting Director of Engineering Services regarding Farewell Creek Trail Phase 2 - Ecological Gifts Program 34 (Motion to refer to the consideration of Unfinished Item 14.4) (Attachment included with Agenda Update) *10.3 Memo from the Acting Director of Planning regarding Revised Attachment 1 to Report PSD-053-19 - Seasonal Sidewalk Patio Program Results, Guidelines, and Procedures 35 (Motion to refer to the consideration of Item 4 of the Planning and Development Committee Report) 11.Committee Reports 11.1 Advisory Committee Reports 11.1.1 Minutes of the Clarington Affordable Housing Task Force dated October 22, 2019 43 11.1.2 Minutes of the Clarington Diversity Advisory Committee dated October 24, 2019 48 11.1.3 Minutes of the Newcastle Arena Board dated November 12, 2019 51 11.1.4 Minutes of the Clarington Museum and Archives Board dated November 13, 2019 53 11.1.5 Minutes of the Agricultural Advisory Committee dated November 14, 2019 56 December 9, 2019 Council Meeting Page 3 11.1.6 Minutes of the Clarington Heritage Committee dated November 19, 2019 61 11.2 General Government Committee Report of November 25, 2019 67 11.3 Planning and Development Committee Report of December 2, 2019 74 12.Staff Reports 12.1 Report CAO-016-19 - Organizational Structure Review 77 12.2 Confidential Verbal Report from the Municipal Solicitor regarding OPA 107 Appeal by Ministry of Municipal Affairs and Housing 13.Business Arising from Procedural Notice of Motion None 14.Unfinished Business 14.1 Report CLD-026-19 - Addendum to Vehicle for Hire By-law Report CLD- 022-19 205 (Referred from the November 18, 2019 Council Meeting) 14.2 Report CAO-010-19 Cedar Crest Beach Update [Referred from the November 25, 2019 General Government Committee meeting] Link to Report CAO-010-19 14.3 Resolution Regarding Hiring of New Staff [Referred from the November 25, 2019 General Government Committee Meeting] 14.4 EGD-018-19 Award of Geotechnical Services Consulting for Slope Stability Investigation, Analysis and Report of Farewell Creek Trail Phase 2 (Tabled from the November 25, 2019 General Government Committee Meeting) Link to Report EGD-018-19 14.5 Paragraph Two of Resolution #CC-27-19 regarding Report LGL-015-19 -Status of LPAT Appeals of OPA 107 [Referred from the December 2, 2019 Planning and Development Committee Meeting] December 9, 2019 Council Meeting Page 4 15.By-laws 15.1 2019-066 - Being a By-law to Amend By-law 2016-029 (Item 15 of the General Government Committee Report) 15.2 2019-067 - Being a By-law to Authorize an Interim Tax Levy for 2020 (Item 18 of the General Government Committee Report) 15.3 2019-068 - Being a By-law to Repeal By-law 2012-093, as Amended, a By-law to Establish a Municipal Service Board to Operate Museums on Behalf of the Municipality of Clarington (Item 20 of the General Government Committee Report) 15.4 2019-069 - Being a By-law to License and Regulate the Operation of Private Transportation Services in the Municipality of Clarington (Unfinished Business Item 14.1) *15.5 2019-070 - Being a By-law to Exempt a Certain Portion of Registered Plan 40M-2617 from Part Lot Control 259 16.Procedural Notices of Motion None 17.Other Business 18.Confirming By-Law 19.Adjournment December 9, 2019 Council Meeting Page 5 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: Time: Location: November 18, 2019 7:00 PM Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, G. Acorn, R. Albright, S. Brake, A. Greentree, F.Langmaid, R. Maciver, M. Marano, T. Pinn, G. Weir, M.Chambers _____________________________________________________________________ 1.Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2.Moment of Reflection Councillor Traill led the meeting in a moment of reflection. 3.Land Acknowledgement Statement Councillor Jones read the meeting land acknowledgement statement. 4.Declaration of Interest Mayor Foster declared an interest in Section 6.4 to 6.7 of Report CAO-011-19, Clarington Climate Action Planning (Item 1n of the General Government Committee Report). Councillor Hooper declared an interest in item 10.1 and Confidential Report CLD-023-19 (Item 3 of the General Government Committee Report). Councillor Neal declared an interest in Reports COD-025-19 and OPD-007-19 (Items 4 and 8 of the General Government Committee Report). 5.Announcements Members of Council announced upcoming community events and matters of community interest. Page 6 November 18, 2019 Council Minutes 2 6. Adoption of Minutes of Previous Meeting(s) 6.1 Council Minutes - Minutes of a regular meeting of Council dated October 28, 2019 Resolution # C-386-19 Moved by Councillor Traill Seconded by Councillor Neal That the minutes of the regular meeting of the Council held on October 28, 2019, be approved. Carried 7. Presentations None 8. Delegations None 9. Communications – Receive for Information There we no communications for information. 10. Communications – Direction 10.1 Sandra MacDonald regarding Confidential Report CLD-023-19, Taxicab Drivers Licence Application - Appeal (Item 3 of the General Government Committee Report) Councillor Hooper declared an indirect interest in Correspondence Item 10.1 from Sandra MacDonald as the applicant is a former employee of his personal business. Councillor Hooper left the room and refrained from discussion and voting on this matter. Resolution # C-387-19 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Item 10.1 from Sandra MacDonald be referred to the consideration of Confidential Report CLD-023-19 - Taxicab Drivers Licence Application (Item 3 of the General Government Committee Report). Carried Councillor Hooper returned to the meeting. Page 7 November 18, 2019 Council Minutes 3 11. Committee Reports 11.1 Advisory Committee Reports 11.1.1 Minutes of the Clarington Museum and Archives Board dated October 9, 2019 Resolution # C-388-19 Moved by Councillor Anderson Seconded by Councillor Hooper That the minutes of the Clarington Museum and Archives Board dated October 9, 2019, be approved. Carried 11.1.2 Minutes of the Agricultural Advisory Committee dated October 10, 2019 Resolution # C-389-19 Moved by Councillor Neal Seconded by Councillor Zwart That the minutes of the Agricultural Advisory Committee dated October 10, 2019, be approved. Carried 11.2 General Government Committee Report of November 4, 2019 Resolution # C-390-19 Moved by Councillor Zwart Seconded by Councillor Traill That the recommendations contained in the General Government Committee Report of November 4, 2019, be approved on consent, with the exception of items 1n, 3, 4, 8, 9, 10 and 11. Carried Page 8 November 18, 2019 Council Minutes 4 Item 1n - Report CAO-011-19 - Clarington Climate Action Planning, Sections 6.4 to 6.7 Mayor Foster declared an interest in Item 1n of the General Government Committee Report as he is a Member of the Elexicon Board. Mayor Foster left the room and refrained from discussion and voting on this matter. Councillor Neal assumed the chair. Resolution # C-391-19 Moved by Councillor Traill Seconded by Councillor Zwart That Report CAO-011-19 - Clarington Climate Action Planning, Sections 6.4 to 6.7, be received for information. Carried Mayor Foster returned to the meeting and assumed the chair. Item 3 - Taxicab Drivers Licence Application – Appeal Councillor Hooper declared an interest Item 3 of the General Government Committee Report as that applicant is a former employee of his personal business. Councillor Hooper left the room and refrained from discussion and voting on this matter. Resolution # C-392-19 Moved by Councillor Zwart Seconded by Councillor Neal That Confidential Report CLD-023-19 be received; That Correspondence Item 10.1 be received; That the application for a taxi driver licence, submitted by Sandra MacDonald, be approved; and That all interested parties listed in Report CLD-023-19 and any delegations be advised of Council’s decision. Motion Referred Later in the meeting See following motions Page 9 November 18, 2019 Council Minutes 5 Closed Session Councillor Hooper did not participate in the Closed Session discussions related to this matter. Resolution # C-393-19 Moved by Councillor Neal Seconded by Councillor Traill That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. Carried Rise and Report The meeting resumed in open session at 7:50 PM. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. Item 4 - Lease of Office Space on the Second Floor of 132 Church Street, Bowmanville to the Autism Home Base Durham Councillor Neal declared an indirect interest in Items 4 and 8 of the General Government Committee Report as he is a Member of the Board for Home Base Durham. Councillor Neal left the room and refrained from discussion and voting on these matters. Resolution # C-394-19 Moved by Councillor Hooper Seconded by Councillor Zwart That Report COD-025-19 be received; That approval be granted to lease to the Autism Home Base, office space located on the second floor of 132 Church Street for a period of three years beginning January 1, 2020 and expiring December 31, 2022 and that the lease agreement is in a form acceptable to the Municipal Solicitor; That subject to Council approving recommendation 2, the Purchasing Manager in consultation with the Director of Operations be given the authority to extend the lease agreement for up to two additional one year terms to expire on December 31, 2024; That the Mayor and Municipal Clerk be authorized to execute the lease agreements on behalf of the Municipality; and That all interested parties listed in Report COD-025-19 and any delegations be advised of Council’s decision. Carried Page 10 November 18, 2019 Council Minutes 6 Item 8 - 132 Church Street, Bowmanville Resolution # C-395-19 Moved by Councillor Zwart Seconded by Councillor Jones That Report OPD-007-19 be received; and That $20,000 from the Rate Stabilization Reserve Fund be used for building renovations at 132 Church Street. Carried Councillor Neal returned to the meeting. Item 9 - Vehicle for Hire By-law Resolution # C-396-19 Moved by Councillor Neal Seconded by Councillor Jones That Report CLD-022-19 be received; That the By-law attached to Report CLD-022-19, as Attachment 1, to regulate the operation of private transportation services, known as the “Vehicle for Hire By law” be approved; and That all interested parties listed in Report CLD-022-19, and any delegations be advised of Council’s decision. Motion Referred Later in the meeting See following motions Resolution # C-397-19 Moved by Councillor Neal Seconded by Councillor Traill That the word "annually" be inserted after the words "vehicle inspection" in Section 9(d) in Schedule C of the proposed By-law. Carried Resolution # C-398-19 Moved by Councillor Neal Seconded by Councillor Traill That the following be added to the end of Section 6(f) in Schedule C of the proposed by-law: "subject to a right of review by Council” Carried Later in the Meeting See following motion Page 11 November 18, 2019 Council Minutes 7 Recess Resolution # C-399-19 Moved by Councillor Traill Seconded by Councillor Neal That the Council recess for five minutes. Carried The meeting convened at 8:17 PM. The foregoing Resolution #C-398-19 was then put to a vote and carried. Resolution # C-400-19 Moved by Councillor Neal Seconded by Councillor Traill That the following be inserted at the end of Section 18: "subject to any right of review by Council for any refusal, cancellation, revocation or failure to renew decision." Motion Withdrawn Resolution # C-401-19 Moved by Councillor Neal Seconded by Councillor Traill That the matter be referred back to Staff to determine if a Justice of the Peace has the jurisdiction to revoke a licence. Motion Withdrawn Resolution # C-402-19 Moved by Councillor Neal Seconded by Councillor Zwart That the amended Resolution #C-396-19 be referred back to Staff for a report to be considered at the December 9, 2019, Council meeting. Carried Item 10 - Miscellaneous Catch Basin and Maintenance Hole Repairs Resolution # C-403-19 Moved by Councillor Neal Seconded by Councillor Zwart That Report COD-023-19 Miscellaneous Catch Basin and Maintenance Hole Repairs be referred to the January 6, 2020 General Government Committee meeting. Carried Page 12 November 18, 2019 Council Minutes 8 Item 11 - Bowmanville Tennis Club – Lease Renewal Resolution # C-404-19 Moved by Councillor Neal Seconded by Councillor Traill That Report COD-024-19 be received; That a lease extension agreement with the Bowmanville Tennis Club for the term January 1, 2020 to December 31, 2020 be approved and to authorize the Mayor and the Municipal Clerk to execute the agreement on behalf of the Municipality; That the current annual rent of $1597.26 be adjusted on the expiry date of the lease agreement by the annual percentage increase in the Consumer Price Index, All Items Ontario, as published by Statistics Canada; That subject to Council approving recommendation 2, the Purchasing Manager in consultation with the Director of Operations be given the authority to extend the lease agreement for up to four additional one year terms to expire on December 31, 2024; and That the Board of the Bowmanville Older Adult Association and the Bowmanville Tennis Club be advised of Council’s decision. Carried as Amended See following motions Resolution # C-405-19 Moved by Councillor Neal Seconded by Councillor Traill That the foregoing Resolution #C-404-19 be amended with the following changes to paragraph four: “That the words ‘the Purchasing Manager in consultation with the Director of Operations, be given the authority to’ be replaced with the word ‘Council may’”. Yes (5): Mayor Foster, Councillor Anderson, Councillor Jones, Councillor Neal, and Councillor Traill No (2): Councillor Hooper, and Councillor Zwart Carried (5 to 2) The foregoing Resolution #C-404-19 was then carried as amended on the following recorded vote. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried (7 to 0) Page 13 November 18, 2019 Council Minutes 9 11.3 Planning & Development Committee Report of November 12, 2019 Resolution # C-406-19 Moved by Councillor Neal Seconded by Councillor Traill That the recommendations contained in the Planning and Development Committee Report of November 12, 2019 be approved on consent, with the exception of items 1b, 2 and 5. Carried Item 1b - Confidential Report LGL-015-19 Status of LPAT Appeals of OPA 107 Closed Session Resolution # C-407-19 Moved by Councillor Neal Seconded by Councillor Zwart That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with the following: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Rise and Report The meeting resumed in open session at 9:44 PM. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed on a procedural matter and two resolutions were passed to provide direction to staff. Page 14 November 18, 2019 Council Minutes 10 Item 2 - Proposed Rezoning to Permit East Penn Development of 1840 Energy Drive, Courtice Resolution # C-408-19 Moved by Councillor Neal Seconded by Councillor Hooper That Report PSD-050-19 be received; That the By-law attached to Report PSD-050-19, as Attachment 1, be approved; That once all conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, a By-law authorizing the removal of the (H) Holding Symbol be approved by Council; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-050-19 and Council’s decision; and That all interested parties listed in Report PSD-050-19, and any delegations be advised of Council’s decision. Carried Item 5 - Declaration of Surplus Property at the Bowmanville Avenue Westbound Exit from Highway 401 Resolution # C-409-19 Moved by Councillor Neal Seconded by Councillor Jones That Resolution #CPD-006-19, passed in Closed Session to give direction to staff, be ratified. Carried Later in the Meeting See following motions Closed Session Resolution # C-410-19 Moved by Councillor Neal Seconded by Councillor Jones That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with the following: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose; • a proposed or pending acquisition or disposition of land by the municipality or local board. Carried Page 15 November 18, 2019 Council Minutes 11 Rise and Report The meeting resumed in open session at 9:56 PM. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. The foregoing Resolution #C-410-19 was then put to a vote and carried. 12. Staff Reports None 13. Business Arising from Procedural Notice of Motion None 14. Unfinished Business 15. By-laws Resolution # C-411-19 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-laws 2019-061 to 2019-064; with the exception of By-law 2019-063. 15.1 2019-061, Being a by-law to designate the property known for municipal purposes as 120 Wellington St, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, RSO 1990, Chapter 0.18 15.2 2019-062, Being a by-law to designate the property known for municipal purposes as 2503 Concession Rd 8, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, RSO 1990, Chapter 0.18 15.4 2019-064, Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington That the said by-laws be approved. Carried 16. Procedural Notices of Motion None Page 16 November 18, 2019 Council Minutes 12 17. Other Business Councillor Traill enquired about the notices sent out by Planning Department regarding Zone Clarington. She stated that she had some concerns with respect to a notice and map she received regarding her property. Councillor Traill asked questions with respect to the contents of the notices. Councillor Neal enquired about the Uplands Sales Pavilion and is concerned that a trailer is on valley lands. He asked for information to be provided to the next General Government Committee regarding the dedication of the valley lands. Councillor Neal asked if they are required to complete a declaration of interest form for items at Committee meetings if they were not present at the meeting. 18. Confirming By-Law Resolution # C-412-19 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-law 2019-065, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 18th day of November, 2019; and That the said by-law be approved. Carried 19. Adjournment Resolution # C-413-19 Moved by Councillor Neal Seconded by Councillor Hooper That the meeting adjourn at 10:15 PM. Carried ________________________________ ________________________________ Mayor Municipal Clerk Page 17 If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. November 29, 2019 The Honourable Caroline Mulroney Minister of Transportation 777 Bay Street 17th Floor Toronto, ON M7A 1Z8 Dear Minister: RE: Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region (2019-COW-26), Our File: D21 Council of the Region of Durham, at its meeting held on November 27, 2019, adopted the following recommendations of the Committee of the Whole: “A) That Metrolinx be advised that Durham Region supports the extension of all day GO train service along the Lakeshore East line with a connection to the CP Rail Line, including new stations at Thornton’s Corners, Central Oshawa, Courtice and Central Bowmanville; B)That the Province of Ontario be urged to commit the necessary funding for the timely implementation of the alignment and four new stations along the CP Rail Line; C)That Regional Planning staff be directed to accelerate the review and development of policies, including delineations and density targets for Major Transit Station Areas under “Envision Durham”, the Region’s Municipal Comprehensive Review of the Durham Regional Official Plan, in accordance with 2.2.4.5 of the Provincial Growth Plan for the Greater Golden Horseshoe, and section 16 of the Planning Act; D)That the Commissioner of Planning and Economic Development, the Commissioner of Works and the General Manager, Durham Region Transit be directed to establish a Rapid Transit Implementation/Transit Oriented Development Office for Durham Region and that a senior level staff position to lead the design and establishment of the Office, with administrative support, be included for consideration within the 2020 Regional Business Planning and Budgeting process; and The Regional Municipality of Durham Corporate Services Department – Legislative Services 605 Rossland Rd. E. Level 1 P.O. Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca Page 18 Page 2 of 2 E) That a copy of Report #2019-COW-26 be sent to the Minister of Transportation; the Minister of Municipal Affairs; the Minister of Economic Development, Job Creation and Trade; the President and Chief Executive Officer at Metrolinx, the Metrolinx Board of Directors; Durham Members of Provincial Parliament and Durham area municipalities.” Please find enclosed a copy of Report #2019-COW-26 for your information. Ralph Walton Ralph Walton, Regional Clerk/Director of Legislative Services RW/ct c: The Honourable Steve Clark, Minister of Municipal Affairs and Housing The Honourable Vic Fedeli, Minister of Economic Development, Job Creation and Trade Peter Bethlenfalv, MPP (Pickering/Uxbridge) Rod Phillips, MPP (Ajax) Lorne Coe, MPP (Whitby) Jennifer French MPP (Oshawa) Lindsey Park, MPP (Durham) Laurie Scott, MPP Haliburton/Kawartha Lakes/Brock David Piccini, MPP Northumberland-Peterborough South N. Cooper, Clerk, Town of Ajax B. Jamieson, Clerk, Township of Brock A. Greentree, Clerk, Municipality of Clarington M. Medeiros, Acting Clerk, City of Oshawa S. Cassel, Clerk, City of Pickering J.P. Newman, Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby P. Verster, President and Chief Executive Officer, Metrolinx D. Wright, Chair, Board of Directors, Metrolinx E. Baxter-Trahair, Chief Administrator Officer N. Taylor, Commissioner of Finance B. Bridgeman, Commissioner of Planning and Economic Development Page 19 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: The Commissioner of Finance and the Commissioner of Planning and Economic Development Report: #2019-COW -26 Date: November 13, 2019 Subject: Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region Recommendation: That the Committee of the Whole recommends to Regional Council: A)That Metrolinx be advised that Durham Region supports the extension of all day GO train service along the Lakeshore East line with a connection to the CP Rail Line, including new stations at Thornton’s Corners, Central Oshawa, Courtice and Central Bowmanville; B)That the Province of Ontario be urged to commit the necessary funding for the timely implementation of the alignment and four new stations along the CP Rail Line; C)That Regional Planning staff be directed to accelerate the review and development of policies, including delineations and density targets for Major Transit Station Areas under “Envision Durham”, the Region’s Municipal Comprehensive Review of the Durham Regional Official Plan, in accordance with 2.2.4.5 of the Provincial Growth Plan for the Greater Golden Horseshoe, and section 16 of the Planning Act; D)That the Commissioner of Planning and Economic Development, the Commissioner of Works and the General Manager, Durham Region Transit be directed to establish a Rapid Transit Implementation/Transit Oriented Development Office for Durham Region and that a senior level staff position to lead the design and establishment of the Office, with administrative support, be included for consideration within the 2020 Regional Business Planning and Budgeting process; E)That a copy of this report be sent to: the Minister of Transportation; the Minister of Municipal Affairs; the Minister of Economic Development, Job Creation and Trade; the President and Chief Executive Officer at Metrolinx, the Metrolinx Board of Page 20 Report #2019-COW -26 Page 2 of 10 Directors; Durham Members of Provincial Parliament and Durham area municipalities. Report: 1. Purpose 1.1 On June 12, 2019, Committee of the Whole considered a report (Report #2019- COW -19) from the Commissioner of Finance and the Commissioner of Planning and Economic Development regarding the proposed GO East Extension to Bowmanville, and efforts being undertaken by Metrolinx to consider alignment options for the Extension beyond that which was approved in 2011 along the CP Rail Line. 1.2 The report indicated that the economic development and revitalization opportunities offered by stations along the GO East Extension are fundamental to the consideration of rail alignment options, and that a comparative evaluation of Transit Oriented Development (TOD) and related economic development opportunities around future stations is needed to provide decision makers, affected landowners and the public with important information when considering alternatives. 1.3 The following resolution was subsequently passed by Council: a. That the update on the GO East Extension to Bowmanville provided within this report be received for information; b. That a Transit Oriented Development Evaluation exercise be undertaken as a sole source contract by N. Barry Lyon Consultants Limited, at a cost not to exceed $150,000, to be financed at the discretion of the Commissioner of Finance and completed by December 31, 2019, in order to examine the potential impact of route alignments on private sector investment at proposed GO Station locations along the GO East Extension to Bowmanville; c. That the Commissioner of Finance be authorized to execute the necessary agreements; d. That Regional Council be apprised on the findings and recommendations that are contained in the Transit Oriented Development Evaluation upon its completion; e. That Metrolinx and the Province of Ontario be requested to reaffirm their commitment to the CP alignment approved in 2011 through the Oshawa to Bowmanville Rail Service Expansion and Rail Maintenance Facility Transit Project Assessment Process Environmental Assessment; and f. That a copy of this report be sent to the Minister of Transportation, the President and Chief Executive Officer at Metrolinx, Durham Members of Provincial Parliament, and Durham area municipalities. 1.4 The purpose of this report is to inform Committee of the findings and recommendations from N. Barry Lyons Consulting Limited (NBLC) and to provide staff’s recommendations and next steps in keeping with its key findings. Page 21 Report #2019-COW -26 Page 3 of 10 2. The Importance of Transit Oriented Development 2.1 Higher Order Transit (such as heavy rail [GO Rail]) and Light Rail Transit (LRT) stations tend to generate greater interest for developing surrounding lands than typical surface transit stops, as they represent high capital investments, permanent commitments to service, stronger transit ridership potential, and can serve as focal points for other transit routes and modes of transportation. 2.2 Transit Oriented Development (TOD) provides high density, compact development close to Higher Order Transit stations, and includes an integrated mix of uses such as office, residential, retail, community uses, and other uses that support transit ridership. The benefits of TOD include: a. Building on the significant place-making opportunities surrounding transit stations, where pedestrian-oriented streets, parks, squares and buildings become comfortable and desirable gathering places. b. Enhancing housing choice and affordability through higher density housing types, where seniors, students and lower-income earners can benefit from access to transit as a priority mode of travel. c. Providing focal points for density, where there is a reduced need to drive, and where parking requirements for new developments can be lessened so they may develop more efficiently. d. Providing opportunities for strong connections to local transit service and supporting their evolution into major transit hubs. e. Providing opportunities for developing focal points for bicycle and active transportation, with facilities and amenities that support these non-automobile forms of travel. f. Optimizing the value of transit and infrastructure investment around transit nodes. 3. Findings 3.1 NBLC identified several attributes required for transit to have a positive impact on real estate: a. There must be frequent, reliable and affordable transit service. For example, in the GTHA context, the TTC subway has the most significant impact on real estate given its low cost, high frequency, and consistency in service levels. b. There must be strong market fundamentals, including strong population growth potential and a positive economic context, including a favourable debt and job environment. c. There must be a positive market context (i.e. the type and quality of community and the associated commercial and public amenities), such as employment opportunities, retail, parks, community centres and schools will affect the marketability of an area to different market segments. d. There must be positive development economics, such that the costs of development are in line with market pricing. Page 22 Report #2019-COW -26 Page 4 of 10 e. There must be a supportive planning framework, such that official plan policies and supportive zoning requirements remove unnecessary obstacles and provide greater certainty regarding acceptable built form and densities. f. Adequate infrastructure and development fees (parkland, development charges, etc.) that must not be prohibitive. g. There must be available vacant or underutilized development sites. 3.2 Transit can improve market demand and positively impact residential, office, and retail/service uses through: a. Increasing the value of existing land uses. b. Stimulating land use changes and captures associated market demand. c. Creating market demand to support land uses that may otherwise not occur (i.e. office uses). 3.3 NBLC examined the alternative route options provided by Metrolinx, and to provide a comparative examination of these routes from the standpoint of TOD. NBLC’s findings indicate strong support for the CP alignment north of Highway 401, with the four stations at Thornton’s Corners, Central Oshawa, Courtice and Central Bowmanville as it offers the most significant land value, market, and community benefits, for the best opportunity to: a. Shift the Region of Durham’s pattern of growth to a more transit-based community. b. Capture the economic, social and health benefits associated with TOD. c. Support provincial, regional, and local land use objectives including the achievement of density targets. d. Establish development around stations that would be more urban, offering a more sustainable ridership and better transit experience. e. Build on and leverage public investments made at Thornton’s Corners and Downtown Oshawa, maximizing their benefits. f. Support Downtown Oshawa with the construction of the Central Oshawa station. g. Capitalize on a healthy and improving TOD market, and strong landowner interest. h. Share a portion of costs through land value capture techniques. 3.4 The CP alignment also provides a significant opportunity to support the Region’s transitioning employment base and job growth, capturing the associated local and regional spinoff benefits, and the potential to support significantly more jobs and housing than any of the other alternatives. 3.5 The possible stations along the CN alignment (at Ritson South and South Bowmanville Avenue (previously Waverley Road) were also examined and were found to be of particular concern for the following reasons: Page 23 Report #2019-COW -26 Page 5 of 10 a. The south Bowmanville Avenue (formerly Waverley Road) station is physically constrained and located within an industrial context, where TOD opportunities are not possible. b. The Ritson South station location is constrained due to barrier effect of Highway 401, existing natural features and industrial uses. c. The Ritson South station location would compete for investment that would otherwise be attracted to the Oshawa Downtown or other areas already designated for growth and would undermine Oshawa’s efforts to support and encourage investment in the Downtown. 3.6 It is recommended that that Metrolinx be advised that Durham Region supports the extension of all day GO train service along Lakeshore East line with a connection to the CP Rail Line, including new stations at Thornton’s Corners, Central Oshawa, Courtice and Central Bowmanville. It is also recommended that the Province of Ontario be urged to commit the necessary funding for the timely implementation of the alignment and four new stations along the CP Rail Line. 3.7 NBLC recommended a path forward to put in place the necessary expertise, plans, policies and programs to ensure the successful implementation of TOD in Durham, including: a. Establishing leadership by creating a Regional Rapid Transit Implementation/ Transit Oriented Development Office: • Moving TOD forward involves a series of complex and interrelated activities. In this respect, NBLC recommends that a dedicated Office be established to oversee and co-ordinate activities to ensure alignment and focus, including: (a) Providing input into the development and coordination of detailed planning and fiscal impact work around TOD for Major Transit Station Areas. (b) Liaising with Metrolinx and other stakeholders on the implementation, scope and timing of detailed project plans. (c) Providing input and recommendations on the timing and delivery of infrastructure projects. (d) Managing the coordination of a consistent TOD centred communication strategy. (e) Leading advocacy initiatives to support TOD. (f) Developing partnerships with the agencies and the private sector so that development projects are consistent with the advancement of TOD principles. (g) Working with Regional Finance staff to investigate and recommend land value capture techniques. (h) If necessary, exploring a land acquisition strategy leading to the strategic assembly of lands around transit stations. Page 24 Report #2019-COW -26 Page 6 of 10 b. Creating Focus • Metrolinx should discontinue review of other alternatives and approve, in-principle, the Extension along the CP alignment. The elimination of confusion regarding routing options would allow the Region, local municipalities, and Metrolinx to work co-operatively and confidently together towards this common goal. c. Planning and Fiscal Analysis • NBLC notes that the successful implementation of TOD requires that appropriate planning policies be in place. In this respect, more detailed planning for each station area is necessary to better understand probable densities, phasing, land uses, community benefits, open space requirements, public facilities and supportive infrastructure requirements to support development. • Once detailed plans are developed, the costs of installing the necessary services and community facilities could then take place, to allow an assessment of the fiscal requirements and opportunities from future development, and a funding strategy to address these costs. d. Development Strategy • The timing and phasing of development and transit would need to be determined and ideally aligned, so that a capital strategy can be developed, and the timing of development participation can be established. • Opportunities for the development community to contribute to the delivery costs of transit and/or supportive infrastructure through such mechanisms as property taxes, development charges; joint venture partnerships; voluntary front-ending agreements; and, public acquisition of TOD land would need to be explored. • Funding for such an approach may differ from station to station and would likely be required from a combination of sources, strategies, and partners. 3.8 The successful planning and long-term implementation of TOD requires collaboration, mutual support, consistent focus and specialized expertise. It is necessary that in-depth expertise at the Regional level lead a multi-departmental and intergovernmental staff group to develop multi-stakeholder planning and financial strategies in order to be successful in TOD execution. 3.9 Consistent with NBLCs recommendations, a dedicated senior level staff position should lead the Office within Durham to support strategic decision-making, based on an integrated approach to future station planning, project delivery and TOD development. Detailed expertise on multiple specialties related to land use planning, policy and regulatory development, urban design supporting place- Page 25 Report #2019-COW -26 Page 7 of 10 making, real estate acquisition and negotiation, detailed expertise in project management, development charges, negotiation and multi-stakeholder facilitation is necessary. Dedicated administrative support for the Office would be needed at the outset. Staff complement within the Office could be expected to grow to six staff as projects come on stream. 3.10 This position would also liaise with internal departments, area municipalities, agencies and Metrolinx to help advance and coordinate detailed station plans with surrounding TODs to ensure that future development designs, project phasing, financing strategies and planning are complementary, coordinated and mutually supportive. 3.11 This approach is a standard best practice which exists in municipalities where other major rapid transit initiatives have been introduced such as Ottawa, Hamilton and Niagara Region. 3.12 In addition to providing dedicated focus for the GO East Extension, the Office could also advance other rapid transit initiatives as they arise, including the completion of Bus Rapid Transit (BRT) on Highway 2 and rapid transit on Simcoe Street. 3.13 It is recommended that the Commissioner of Planning and Economic Development, the Commissioner of Works and the General Manager, Durham Region Transit be directed to establish a Rapid Transit Implementation/ Transit Oriented Development Office for Durham Region and that a senior level staff position to lead the design and establishment of the Office, with administrative support, be included for consideration within the 2020 Regional Business Planning and Budgeting process. 4. Addressing Major Transit Station Areas within Envision Durham 4.1 The Region is currently undertaking “Envision Durham” - the Municipal Comprehensive Review of the Durham Regional Official Plan. Over the course of 2019, Regional staff have prepared and released a series of Discussion Papers, and policy proposals will be developed in late 2020 following the receipt of public and stakeholder input. 4.2 One of the subject areas being dealt is with respect to Growth Management, which deals with a broad suite of issues and requirements affecting growth that the Region must consider, including identifying and delineating and prescribing policies for Major Transit Station Areas (MTSAs). 4.3 The Provincial Growth Plan (A Place to Grow, 2019) provides policies for MTSAs which are defined as “the area including and around any existing or planned high order transit station within a settlement area; or the area including and around a major bus depot in an urban core. MTSAs generally are defined as the area within a 500 to 800 metre radius of a transit station, representing a 10-minute walk”. Page 26 Report #2019-COW -26 Page 8 of 10 4.4 In June 2019, proposed delineations of MTSAs were presented within the Growth Management Discussion Paper for Envision Durham, based on extensive consultation with area municipal planning staff. These proposed delineations recognize the significant opportunities to direct intensification and growth in a manner that maximizes the benefits of being within proximity of higher-order transit. 4.5 Section 3.2.3 (“Moving People”) of the Provincial Growth Plan indicates that: 1. Public transit will be the first priority for transportation infrastructure planning and major transportation investments. 2. All decisions on transit planning and investment will be made according to the following criteria: a. How they align with, and support, the priorities identified in Schedule 5 (Moving People – Transit) of the Plan. b. Prioritizing areas with existing or planned higher residential or employment densities to optimize return on investment and the efficiency and viability of existing and planned transit service levels. c. Increasing the capacity of existing transit systems to support strategic growth areas. d. Expanding transit service to areas that have achieved, or will be planned to achieve, transit- supportive densities and provide a mix of residential, office, institutional, and commercial development, wherever possible. e. Facilitating improved linkages between and within municipalities from nearby neighbourhoods to urban growth centres, MTSAs, and other strategic growth areas. f. Increasing the modal share of transit. g. Contributing towards the provincial greenhouse gas emissions reduction targets. 4.6 The Provincial Growth Plan requires that MTSAs on priority transit corridors be planned for a minimum density target of 150 residents and jobs combined per hectare for those that are served by the GO Transit rail network. 4.7 The Provincial Growth Plan indicates that within all MTSAs, development will be supported, where appropriate, by: a. Planning for a diverse mix of uses, including second units and affordable housing, to support existing and planned transit service levels. b. Fostering collaboration between public and private sectors, such as joint development projects. c. Providing alternative development standards, such as reduced parking standards. d. Prohibiting land uses and built form that would adversely affect the achievement of transit- supportive densities. Page 27 Report #2019-COW -26 Page 9 of 10 4.8 The Provincial Growth Plan also indicates that all MTSAs will be planned and designed to be transit- supportive and to achieve multimodal access to stations and connections to nearby major trip generators by providing, where appropriate: a. Connections to local and regional transit services to support transit service integration. b. Infrastructure to support active transportation, including sidewalks, bicycle lanes, and secure bicycle parking. c. Commuter pick-up/drop-off areas. 4.9 Although there are general policies within the current Durham Regional Official Plan which enable transit supportive development, there are no specific policies which prescribe minimum densities, a mix of uses, or TOD within MTSAs as prescribed by the Provincial Growth Plan. 4.10 The Provincial Growth Plan indicates that upper-tier municipalities may delineate the boundaries of MTSAs and identify minimum density targets for MTSAs in advance of the next municipal comprehensive review 1, provided it is done in accordance with subsection 16 (16) of the Planning Act. 4.11 Subsection 16 (16) of the Planning Act indicates that the official plan of an upper- tier municipality may include policies that identify the area surrounding and including an existing or planned higher order transit station or stop as a protected MTSA and that delineate the area’s boundaries, and if the official plan includes such policies it must also contain policies that, a. identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area; and b. require official plans of the relevant lower-tier municipality or municipalities to include policies that, (i) identify the authorized uses of land in the area and of buildings or structures on lands in the area; and (ii) identify the minimum densities that are authorized with respect to buildings and structures on lands in the area. 4.12 Bill 108 amended the Planning Act by allowing inclusionary zoning policies within official plans to apply to protected MTSAs. There is an opportunity to establish inclusionary zoning policies within MTSAs to further support the delivery of affordable housing within these areas. 4.13 There is an opportunity to proactively plan for TOD and develop a strategic approach which coordinates proactive land use and fiscal planning with infrastructure planning and place-making. It is recommended that Regional 1 The “next municipal comprehensive review” refers to the date of adoption of the current MCR by Regional Council. Page 28 Report #2019-COW -26 Page 10 of 10 Planning staff be directed to accelerate the review and development of policies, including delineations and density targets for Major Transit Station Areas under “Envision Durham”, the Region’s Municipal Comprehensive Review of the Durham Regional Official Plan, in accordance with 2.2.4.5 of the A Place to Grow, 2019, and section 16 of the Planning Act. 5. Conclusion 5.1 Based on NBLCs additional work and analysis, it is recommended that Durham Region continue to support the extension of all day GO train service along Lakeshore East line with a connection to the CP Rail Line, including new stations at Thornton’s Corners, Central Oshawa, Courtice and Central Bowmanville. 5.2 There is a strategic opportunity to advance detailed land use and fiscal planning to enable TOD development within Major Transit Station Areas in Durham Region. 5.3 A Durham Region Rapid Transit Implementation/Transit Oriented Development Office with dedicated and specialized staff leadership would advance this objective. 5.4 It is recommended that this report be sent to: the Minister of Transportation; the Minister of Municipal Affairs; the Minister of Economic Development, Job Creation and Trade; the President and Chief Executive Officer at Metrolinx, the Metrolinx Board of Directors; Durham Members of Provincial Parliament and Durham area municipalities. Respectfully submitted, Original signed by Brian Bridgeman, MCIP, RPP Commissioner of Planning and Economic Development Original signed by Nancy Taylor, BBA, CPA, CA Commissioner of Finance Recommended for Presentation to Committee Original signed by Elaine C. Baxter-Trahair Chief Administrative Officer Page 29 Page 30 Page 31 Page 32 Memo Page | 1 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Staff provided a review of some proposed changes to the Community Grant and Community Event Sponsorship Programs through Report CSD-012-19 at the General Government Meeting November 25, 2019. Through discussion, some concerns were raised by Members of Committee with the proposed wording for a suggested change: “Organizations that receive any funding from Regional, Provincial or Federal government not be eligible.” Council wondered if this broad statement would preclude groups from applying, outside of the intent of the wording. The intent of the change was to clarify that organizations that receive regular and ongoing funding from another level of government would not be eligible. However, staff have determined that it would inadvertently preclude some gro ups from eligibility to the Community Grant program. Staff are therefore recommending that the following wording be added to Paragraph 2 the recommendations in Report CSD-012-19: “with the following words replacing Section 2.2 of the Report: “Programs or organizations that other levels of government have legislated responsibility for providing funding are not eligible. This included “top up” of shortfalls for government mandated programs or services. Examples include educational programs, public health programs, provincially mandated child care / services or social assistance programs and health care services.” This revised wording has been reviewed by the Director of Finance / Treasurer and the Municipal Solicitor, who concur. This proposed change is presented for Council’s consideration. Regards, George Acorn Acting Director of Community Services To: Mayor Foster and Members of Council Andy Allison, CAO From: George Acorn, Acting Director of Community Services Date: December 5, 2019 Subject: CSD-012-19 Community Grant and Event Sponsorship Programs Review File: Page 33 Memo Page | 1 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 It has come to our attention that a portion of the lands that Phase 2 of the Farewell Creek Trail runs through was acquired through the “Ecological Gifts Program” offered by Environment Canada: “Canada’s Ecological Gifts Program provides a way for Canadians with ecologically sensitive land to protect nature and leave a legacy for future generations. Made possible by the terms of the Income Tax Act of Canada and the Quebec Taxation Act, it offers significant tax benefits to landowners who donate land or a partial interest in land to a qualified recipient. Recipients ensure that the land’s biodiversity and environment al heritage are conserved in perpetuity.” Staff are currently seeking clarification from Environment Canada representatives to determine if trail construction would be permissible under the terms of the Program. Until we receive a reply from Environment Canada, staff recommend that any further decisions regarding Phase 2 of the Farewell Creek Trail be put on hold, including further deferral of Report EGD-018-19. Staff are hopeful for a quick response, however after reviewing background information on this matter, it may take over a month before Environment Canada responds. Staff will provide an update to Council when we have received a response from Environment Canada. Regards, Ron Albright, P. Eng. Acting Director, Engineering Services RA/kb To: Mayor and Members of Council From: Ron Albright, Acting Director, Engineering Services Date: December 5, 2019 Subject: Farewell Creek Trail Phase 2 - Ecological Gifts Program File: PA.FarewellCreekTrailPhase2.01 Page 34 Memo Planning Services Department The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 At the Planning and Development Committee meeting on December 2, 2019, there were questions regarding clarification of operating hours for outdoor patios. In addition, there has been a request made by a café owner in Orono to have a non-licensed patio. Staff have reviewed the Application Form (Attachment 1 to the Report PSD-053-2019) and are recommending changes to the wording to clarify operating hour requirements for patios and ensure they are in keeping with the Noise By-law. The updated version of the Application Form reflecting these changes is attached to this memo. In addition, should Council wish to grant the request of the café owner in Orono to operate a non-licensed seasonal patio in keeping with the requirement to remain open in the evening until at least 9:00 p.m. then an exception can be noted in the Application Form by providing asterisks (*) in the lines that require Alcohol and Gaming Commission of Ontario (AGCO) requirements and including a note at the bottom of the first page. The purpose of the outdoor seasonal patios is to enliven the downtown areas. The request for a non-licensed patio in Orono would meet the criteria because of the unique characteristics of Orono. Faye Langmaid Acting Director To: From: Date: File: Subject: Mayor and Members of Council Faye Langmaid, Acting Director of Planning Services December 6, 2019 PLN 37.0.1 PSD-053-19 Attachment 1 Page 35 Revised Attachment 1 to Report PSD-053-19 Page 1 of 7 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Seasonal Sidewalk Patios on Municipal Property Application Form Municipality of Clarington Planning Services Department Please ensure all information is included in the application. Incomplete applications will not be accepted. Please return this application by 4:00 PM on or before March 1st. Business Information Owner Name: Phone Number: Registered Name of Business: Operating Name of Business: Street Address of Business: Postal Code: E-Mail: After Hours Contact 1 Name: Phone number: After Hours Contact 2 Name: Phone Number: Checklist Requirement Y/N Copy of complete Seasonal Sidewalk Patio Application Form Copy of the vendor permit for the business Site Plan, including dimensions (see appendix A) Copy of current liability insurance (see appendix B) Patio Sidewalk License Fee payment Copy of AGCO liquor license for principal establishment and sidewalk patio* Municipal Information Form for the Alcohol and Gaming Commission of Ontario (AGCO)* Fees Patio Sidewalk License $1725 Fire Review and Inspection As per the Fees By-law, as amended Municipal Information Form for the AGCO No charge All applicable fees, as detailed in this application and/or as cited in the Municipality of Clarington’s Fee By-law, as amended from time to time, must be submitted with the completed Application. *Not required for restaurants in Orono that do not hold a liquor license. Page 36 Revised Attachment 1 to Report PSD-053-19 Page 2 of 7 I/We hereby make application to the Corporation of the Municipality of Clarington (“heretofore and hereafter “Clarington”) to occupy the right of way for the purpose described and agree to abide by the conditions of this permit and other applicable Municipal bylaws. I/We agree to assume all liability and/or cost as a result of road occupancy to maintain the work area and to indemnify and save harmless Clarington until final completion and approval. I understand this is a competitive process and that application for a patio does not guarantee that I will be selected. I understand that the project is not guaranteed to continue in future years. Agreement I, the undersigned have read and understood the information provided and agree to abide by all conditions and provisions listed on this permit application, and permit, if issued. Authorized Representative Name: ___________________________ Signature:_________________________ Date: __________________ Page 37 Revised Attachment 1 to Report PSD-053-19 Page 3 of 7 Appendix A – Site Plan and Design Requirements Your patio design must conform to the following requirements. Site Plan Requirements: a. Location and dimensions of the patio entrances, exits, and access to washrooms, in accordance with the Integrated Accessibility Standards for the Design of Public Spaces; b. Location and use of the adjacent buildings and their entrances and exits; c. The location and dimensions of the patio and its entrances and exits; d. Area of the patio in square metres; e. Width of sidewalk occupied in metres; f. Length of sidewalk occupied in metres; g. Number of parking spaces occupied; h. Width of sidewalk that will remain unobstructed (to be at least 1.8 metres); i. The location and dimension of any enclosures, umbrellas, tents, awnings, etc.; j. The location, height, and construction material to be used for the boundary fence, gate location, and width of gate; k. Location of fire extinguishers; l. Location of tables, chairs, other furniture or installations, etc. and the distance between them to demonstrate how your patio will be accessible to patrons with limited mobility; m. Location of all municipal services and/or assets within or adjacent to the patio (e.g. location of curbs, municipal parking spaces, sidewalks, hydrants, storm sewer grates, manholes, trees, hydro poles, streetlights, benches, garbage cans, sign poles, etc.). Identify whether any of these elements would need to be removed or relocated to accommodate the design. Additional fees may apply for removal or relocation, if such modification is permitted); n. The access to municipal improvements such as trees; o. The location of Durham Region or GO Transit stops close to the patio; p. The address of your business; q. The number of seats on your patio; and r. The maximum occupant load of your business and patio according to the Ontario Building Code. Design Requirements: a. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act (AODA). These guidelines set out basic requirements of the AODA. It is the responsibility of each business to ensure their own compliance with the Act; b. A minimum passable sidewalk width of 1.8m must be maintained at all times to ensure accessibility for pedestrians; c. Patios are not permitted to reduce the width of the traffic lanes of the public street. A minimum street width of 6m must be maintained at all times to ensure adequate Page 38 Revised Attachment 1 to Report PSD-053-19 Page 4 of 7 width for emergency vehicles; d. Patios are not permitted to occupy more than 2 parking spaces; e. Entrances to the patio, aisles within the patio, and all public areas must be maintained in a manner that ensures the accessibility of patrons of all levels of ability (preferably 860mm); f. Design materials must be in keeping with the heritage character of downtowns; Plastic and polyvinyl is not permitted. Composites are permitted provided their appearance fulfills the above noted requirement(s). For input on potential design concepts, contact the Planning Services Department; g. Awnings, umbrellas and other fixtures must be maintained in good condition and repair; h. Barriers between the sidewalk extension and the patio should feature planting boxes and are to be maintained by the restaurant; i. No objects are permitted to overhang the sidewalk; and j. The Applicant may only occupy and use the outdoor patio after any installed structures have been approved in writing by Clarington. Clarington responsibilities: k. Temporary sidewalk design, location and dimensions, grade, construction material, safety and load bearing will be Clarington’s responsibility. Construction will be undertaken by a contractor; l. Exterior barriers encroaching into on-street parking spaces must be affixed with high- visibility reflective markers for nighttime visibility; m. Wooden sidewalk extensions may include safety traction tape to reduce the chances of pedestrians slipping; and n. Installation, removal and winter storage of constructed temporary sidewalk or patio. Appendix B – Liability Insurance Requirements Please provide proof that you are compliant with the following liability insurance requirement: You must hold and provide General Liability Insurance from an insurer licensed in the province of Ontario for $2 million per occurrence with an aggregate limit of no less than $5 million to the Corporation of the Municipality of Clarington against any liability for property damage or personal injury, negligence including death which may arise from the applicant’s operations under this agreement. The Corporation of the Municipality of Clarington must be included as an “Additional Named Insured”. In addition, the Commercial General Liability shall contain Cross Liability and Severability Clauses and Products & Completed Operations coverage including a standard contractual liability endorsement. Page 39 Revised Attachment 1 to Report PSD-053-19 Page 5 of 7 Appendix C – General Conditions Your operation of an outdoor patio must conform to the following requirements. General conditions: a. Any person or persons intending to occupy a portion of the municipal right of way for any purpose, including a portion of the sidewalk, boulevard, or on-street parking must first receive permission from Clarington; b. Patios will not be installed prior to April 30 and will be removed no later than October 30 of each year. For Bowmanville, installation will be after Maplefest and removal will be prior to Applefest; c. Permission to install a patio for a season does not entitle a business to any right or expectation to be able to install a patio in subsequent seasons; d. Any required sidewalk extensions must be completed before obstruction of a sidewalk for construction or operation of a patio; e. The Applicant assumes all maintenance and liability for the patio and may be required to undertake alterations or repairs as are required by Clarington to maintain safety and accessibility; f. Clarington retains the right to access the patio and/or sidewalk extension if needed for maintenance or emergency access to municipal property; g. Permission to occupy the municipal right of way becomes null and void if the applicant should fail to meet the requirements set out in this application and other applicable documents, in which case, Clarington shall be at liberty to take any action it deems necessary to repair the patio or to reinstate the site to its original condition for public protection at the expense of the Applicant. In all cases the decision of Clarington staff is final; h. The Applicant shall maintain access to all public and private properties for the duration of the work; i. All municipal property, including the sidewalk, lighting, or other features will be returned to their initial condition or repaired of any damages. Damages not repaired by the Applicant will be repaired or replaced by Clarington at the Applicant’s cost. j. No business shall be eligible to operate an outdoor patio unless the business is in compliance with all Clarington’s requirements; k. The Applicant shall be deemed to be the “constructor” and the “owner” for all purposes under the Occupation Health and Safety Act for the railings and restaurant features on the sidewalk. The Applicant shall further be deemed to be the “occupier” for all purposes under the Occupiers Liability Act; l. The Applicant agrees to indemnify and save Clarington harmless from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties, interest and/or legal fees on a substantial indemnity basis arising in connection with any matter that may arise from the issuance of a permit hereunder or the activities that occur on a patio; Page 40 Revised Attachment 1 to Report PSD-053-19 Page 6 of 7 m. Clarington retains the right to access any planters, baskets, light posts, or other infrastructure for watering, maintenance, or other matters. Clarington may elect not to install planters at the location of the patios; n. Any costs, expenses or liabilities incurred by Clarington as set out above may be collected by Clarington by means of invoicing for the costs; and o. The Applicant agrees to provide Clarington with a letter from a qualified person, after patio construction/installation and before beginning operations, confirming that construction completed is in general conformance with the approved design. Operating Requirements a. At a minimum, restaurants operating an outdoor patio must be open during the following hours: Tuesday to Saturday: 11:30 AM to 9:00 PM; b. The operations of the business and patio must comply with Clarington’s Noise By- Law (2007-071), as amended; c. The owner shall ensure that the area around the patio is kept clear of litter, waste, cigarette butts, and refuse. The restaurant will inspect on a daily basis; d. No person shall operate an outdoor patio on any municipal property other than that for which permission has been granted; e. No person shall permit the consumption of alcoholic beverages within any outdoor patio area unless such area is licensed under the provisions of the Liquor License Act to permit the consumption of alcoholic beverages and unless such outdoor patio extension is operated in conjunction with a business holding a valid Liquor License; f. Where such premise is licensed to permit the consumption of alcoholic beverages, no person shall serve or allow the consumption of alcoholic beverages contrary to any law; and g. Outdoor patio operations are permitted only during hours authorized by the Municipality of Clarington. Patio operations must cease between the hours of 10:00 PM and 7:00 AM, except for Fridays and Saturdays in July and August, during which patios are permitted to remain open until 11:00 PM. Patrons are not permitted to be in, or remain in, the patio area outside of authorized hours of operation. Clarington reserves the right to change these hours. Page 41 Revised Attachment 1 to Report PSD-053-19 Page 7 of 7 Appendix D – Post-submission evaluation Submission of a complete application is not a guarantee of permission being granted for an outdoor patio. Applications will be evaluated by staff to determine which will be selected. Applications will be circulated to appropriate departments and partner organizations for their comments. Criteria Criteria Explanation Location Sites that are located in ways that are complementary to the existing street design and require less extensive change to existing use and management patterns will be preferred. Design Material choice – Appropriate heritage materials and design. Streetscape – Attractive design elements for both patrons and pedestrians. Safety Sites that pose fewer challenges to traffic and pedestrian movement and sightlines will be preferred. Accessibility Sites that more fully ensure the accessibility of the sidewalk and patio for all patrons, in part through greater sidewalk width, will be preferred. Sites should not reduce accessibility by proposing the displacement of parking designated for persons with disabilities. Potential Preference will be given to patios that offer greater potential to demonstrate the economic benefit of the program. Page 42 Affordable Housing Task Force Tuesday, October 22, 2019 at 10:00 a.m. Municipal Administrative Centre, 40 Temperance Street, Bowmanville Meeting Room 1A ATTENDEES: Wendy Partner, Chair Mayor Adrian Foster Councillor Ron Hooper, Municipality of Clarington Councillor Janice Jones, Municipality of Clarington Alan Robins, Director, Housing Services Division, Region of Durham Henry Wildeboer, Former Pastor/Durham Christian Homes Joyce Kufta, Parkview Lodge Charlie Trim, Parkview Lodge Carron Jensen, Imaging Home Group Selena Blake, DAFRS Trevor Pinn, Director of Finance (left at 11:25 a.m.) Carlo Pellarin, Manager, Development Review Branch, Municipality of Clarington Jeannette Whynot, Accessibility Coordinator, Municipality of Clarington (arrived at 10:20 a.m., left at 11:25 a.m.) Justin MacLean, Corporate Policy Analyst Heather Keyzers, Community Coordinator, Municipality of Clarington REGRETS: Councillor Corinna Traill, Municipality of Clarington Bob Malone, Newcastle & Bond Head Ratepayers Association Milt Dakin, Forestree Place Erin O’Reilly, DAFRS Wanda Huntington, DAFRS Anthony Adrien, CMHC WELCOME Wendy welcomed everyone and called the meeting to order. Moved by Councillor Hooper, Seconded by Joyce Kufta THAT Charlie Trim be added to the agenda under Other Business. “CARRIED” Page 43 Affordable Housing Task Force October 22, 2019 2 APPROVAL OF MINUTES Moved by Joyce Kufta, seconded by Mayor Foster THAT the minutes dated June 18, 2019 be approved with the following amendment on page 3: Durham Non-Profit Housing Corporation is the organization that Parkview obtain to assist with their regular market value units, be amended to read: “Durham Non-Profit Housing Corporation is the organization that Parkview obtain to maintain the building.” “CARRIED” OTHER BUSINESS Mayor Foster updated members on the positive changes that are occurring at the Region of Durham. Non-Profit Housing Corporations are now permitted to borrow from the Region. Discussions are now being welcome which did not occur in the past. Alan advised that the Master Housing Strategy will be appearing before Regional Council next month. He notes that they will be identifying which buildings will need to be demolished and what new buildings need to be created. Henry advised the Committee that Durham Christian Homes has added 160 units in Whitby and 224 units in Bowmanville. He stated that the lands at Strathaven and Marnwood would be ideal to build affordable housing. Henry circulated the Indwell Fall 2019 Newsletter which includes an article entitled “Community Comes Through Around Norfolk Inn Project”. This article explains how Indwell became the owners of Norfolk Inn in Simcoe and how they plan to renovate to include 32 one bedroom and studio apartments due to the community’s expressed need for new supported housing. The Committee could look into partnership with Indewell. Selena advised early this summer they were able to assist eight families in accessing portable housing benefits. Alan noted that the Region does not have to wait for the Master Housing Strategy to expand the portable housing benefits. Discussion took place regarding the Bowmanville Avenue project. Full occupancy should occur January 2020. Page 44 Affordable Housing Task Force October 22, 2019 3 1. Affordable Housing Toolkit – Justin MacLean Justin provided a PowerPoint presentation highlighting the following:  Background  State of the Clarington Housing Market  What Do W e Know?  Financing and Economics of Affordable Housing Developments  What Does Affordable Mean?  The Housing continuum  Knowing This How Can We Do Our Part to Bridge the Gap?  What can Clarington Do to Incentivize Change?  Municipal Regulatory and Process Tools  Expedited Approval Process  Application Assistance – Community Outreach  Reduction in Parking Requirements  Secondary Suites (Incentivize and Reduce Barriers)  Permitting Garden Suites  Inclusionary Zoning  Land Base Incentives  Providing Land  Financial Incentives  Phasing, Deferring or W aiving Development Charges  Phasing, Deferring or W aiving Development Application Fees  Waive Security Requirements  Property Tax Rate Rebate  Community Benefit Charges  Affordable Housing Community Improvement Plan  Other Initiatives on the Horizon  Tiny Homes  What has Success Looked Like?  Summary of W hat W e Have Done  The Bottom Line – Success Requires Skin in the Game Justin’s presentation will be circulated by e-mail to members. Please review and provide your comments directly to Justin by Tuesday, October 29th. Justin suggested that the Toolkit would be presented to Council for their approval on November 4, 2019. Page 45 Affordable Housing Task Force October 22, 2019 4 Moved by Joyce Kufta, seconded by Henry Wildeboer THAT the presentation from Justin MacLean regarding the Affordable Toolkit be received. “CARRIED” Discussion took place on the success that the Province of British Columbia has had with affordable housing. Alan noted that Ontario is the only Province that has downloaded affordable housing to the municipalities. Alan also highlighted that Provincial funding is being replaced with: COCHI – Canada Ontario Community Housing Initiative (this is a reinvestment of Federal funding tied to end of mortgages. No new funding just converted from block to program funding) and OPHI – Ontario Priorities housing Initiatives (this is a replacement for the investment in affordable housing (IAH) program) 2. More Homes, More Choice: Ontario’s Housing Supply Action Plan – should the Committee write a letter of support. Moved by Joyce Kufta, seconded by Charlie Trim THAT Justin MacLean be requested to draft a letter of support regarding Ontario’s Housing Supply Action Plan for the Committee’s approval. “CARRIED” 3. Charlie provided a background on the war time homes that were built in approximately 1975/1975 along with a background on the homes located at Wilmot Creek. Charlie would like to see homes like this built on the former Bowmanville Training School lands (Lambs Road). Councillor Hooper has agreed to investigate what is presently happening at this property and report back. Alan reminded members of the Spry Avenue property in which the municipality has previously declared surplus. Page 46 Affordable Housing Task Force October 22, 2019 5 ADJOURNMENT The meeting adjourned at 11:28 a.m. Moved by Henry Wildeboer, seconded by Ron Hooper THAT the meeting be adjourned. “CARRIED” NEXT MEETING The next meeting will occur on November 18, 2019. Page 47 Clarington Diversity Advisory Committee Thursday, October 24, 7:00 PM MAC Meeting Room 1C If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext 2131 Present: Ashfaque Choudhry Derryck Lamptey Rajeshwari Saharan John Sawdon (at 7:15 p.m.) Laila Shafi Rachel Traore Also Present: Erica Mittag – Community Development Coordinator Regrets: Councillor Ron Hooper The meeting called to order at 7:12 p.m. 1. Adoption of Agenda Moved by Rachel Traore, seconded by Laila Shafi That the agenda of the meeting of October 24, 2019 be approved. Carried 2. Adoption of Minutes Moved by Rachel Traore, seconded by Laila Shafi That the minutes of the meeting of June 26, 2019 be approved. Carried Moved by Laila Shafi, seconded by Rachel Traore That the minutes of the meeting of September 26, 2019 be approved. Carried Page 48 3. Committee member and status updates Erica Mittag shared that Dorothy Koziorz and Kenneth Illechukwu have had to step down from the Committee due to scheduling conflicts. The Municipality of Clarington’s Clerks’ Department is currently actively recruiting new members. Opportunity closes December 6, 2019. 4. Committee Election The Committee held an election for positions for the term of 2019-2020. Rachel Traore was elected as the Chair of the Diversity Advisory Committee for the term of 2019-2020. Laila Shafi was elected as the Vice-Chair of the Diversity Advisory Committee for the term of 2019-2020 Derryck Lamptey was elected as the Secretary of the Diversity Advisory Committee for the term of 2019-2020 5. Community Survey Update Rachel Traore provided an update on the community survey. The working group met with the Municipality of Clarington’s Communications Team to review the wording of the survey and a communications plan. The Committee reviewed the wording and Erica will update with the suggested changes. The updated copy will be sent out by email to the Committee for any additional changes. Once any last changes are incorporate, the final version will be emailed to the members for final review and vote. It is anticipated the survey will launch to the community on November 1, 2019 and will be active until November 30, 2019. 6. Land Acknowledgement Statement update Erica Mittag provided an update to share that the after reflection, Chief Dave Mowat has provided a revised version of the proposed land acknowledgement statement and this has been forwarded to Council who considered it at General Government Committee of October 15, 2019. The statement as revised was approved by Council and is pending ratification at Council on October 28, 2019. During discussion at General Government Committee, thanks were shared by Mayor Foster and Members of Council to the Diversity Advisory Committee for their work on this initiative. The revised statement reads as follows: The Municipality of Clarington is situated within the traditional and treaty territory of the Mississaugas and Chippewas of the Anishinabeg, known today as the Williams Treaties First Nations. Our work on these lands acknowledges their resilience and Page 49 their longstanding contributions to the area now known as the Municipality of Clarington. 7. Communications – Received for Information or Direction The Tourism Advisory Committee has requested that the Diversity Advisory Committee partner with them on a project to collect more diverse photos of our community for use in promotion and marketing of the municipality for tourism and other purposes. Erica Mittag will follow up to collect more information to share at the next Committee meeting. 8. Community Updates Erica Mittag thanked Laila Shafi, Rajeshwari Saharan and Derryck Lamptey for volunteering at the shared booth with the Accessibility Advisory Committee during Applefest on Saturday, October 19, 2019. Erica shared information about the upcoming Ajax Diversity Xchange being held Saturday, November 16, 2019. Erica has been invited to speak as part of a municipal panel to provide updates on Clarington’s work towards diversity and inclusion. 9. Mission / Vision / Workplan roundtable The Committee reviewed the draft workplan. Erica to search out and provide samples of diversity lenses used in other communities to share with the Committee at the next meeting. The Committee will continue to review the draft workplan at that time. It is anticipated that knowledge gained through the community survey will assist in developing the goals of the workplan. The meeting was adjourned at 8:50 p.m. Next meeting: Thursday, December 12, 7:00 PM Municipal Administrative Centre, Room 1A (Note time and location change) Page 50 Newcastle Memorial Arena Management Board Municipality of Clarington Minutes of Meeting – Tuesday, November 12, 2019 (Not yet approved by committee) In Attendance – Dave Bouma - Chair Bryan Wiltshire, Arena Manager Shea-Lea Latchford, Gary Oliver, Todd Taylor, Susan White Regrets: Councillor Margaret Zwart Absent: Councillor Granville Anderson 1. Agenda Motion #19-043 Moved by Sue White, seconded by Todd Taylor THAT: the Agenda be accepted as proposed. CARRIED 2. Acceptance of Minutes Motion #19-044 Moved by Gary Oliver, seconded by Todd Taylor THAT: the minutes of October 8, 2019 be accepted. CARRIED 3. Manager’s Report - CPR and Defib Training was completed by staff as of November 3rd. NVMHA has brought in half ice boards and we need to discuss who is responsible for injury or liability. December Free Skates have been booked with grant funds from the Municipality. Two new furnaces were installed November 11th . We will be switching to the municipality’s contractor and following their maintenance plan going forward. Gym Con will provide a quote for Lobby. Health and Safety walk around completed with Bob Stiles on November 5th with no issues raised. A noise complaint by a neighbours was addressed and a format for dealing with future complaints will be outlined. 4. Financial Report – Motion #19-045 Moved by Todd Taylor, seconded by Sue White THAT: funds be moved into a GIC. CARRIED Page 51 2. Motion #19-046 – Moved by Todd Taylor, seconded by Sue White THAT: 3rd Quarter Financial Report performance be accepted as presented. CARRIED 5. New Business - Dave Bouma met with Fred Horwath to discuss the relationship of the Chair of the Arena Board with the Municipality. A number of issues were addressed. 6. Next Meeting – Tuesday, December 10, 2019. 7. Adjournment Motion #19-047 Moved by Todd Taylor, seconded by Dave Bouma THAT: the meeting be adjourned. CARRIED The meeting adjourned at 9:05 PM __________________________ Chair ___________________________ Secretary Page 52 Clarington Museums & Archives Meeting of the Board: November 13, 2019 MAC Meeting Room 1C, 163 Church Street, Bowmanville, Ontario Present: H. Ridge (ED), M. Morawetz, K. Warren, S. Middleton, A. Foster, M. Ross Regrets: G. Anderson 1. Call To Order: K. Warren, Chair of the Board, called the meeting to order at 7:03 p.m. 2. Adoption of Agenda: Moved by: S. Middleton Seconded by: M. Morawetz THAT: The agenda be approved. MOTION CARRIED 3. Disclosure of Interests: None. 4. Adoption of Previous Minutes: Moved by: A. Foster Seconded by: S. Middleton THAT: The minutes of the regular meeting on October 9, 2019 and the minutes of the special meeting on October 16, 2019 be approved. MOTION CARRIED 5. Business Arising from Previous Minutes: a) Library/Museum merger: Municipal and Library staff are currently working on their respective parts of the merger. The Library is developing the terms of reference for the new Museum Committee and the Municipality is working on the relevant by-laws. Board members S. Middleton and M. Morawetz indicated their interest in serving on the new Museum Committee. 6. Correspondence: H. Ridge read S. Reiner’s resignation letter received on October 17, 2019. A letter thanking her for her time on the board as well as her support of the Museum will be sent by H. Ridge on behalf of the Board. 7. Announcements: A Country Path Christmas: a driving tour November 29 to Dec 1 2019, 10-4pm (shopping and rural experiences); St. Paul’s United Church: beef supper November 23. $25 per person, 4:45 and 6:30 seating’s; THEE Farmer’s Parade of Lights, December 4, 6pm; Bowmanville Santa Claus Parade: November 16, 10:30am; Page 53 Newcastle Santa Clause Parade: November 17 5:30pm; Orono Santa Claus Parade: November 23, 10:30am; Courtice Santa Claus Parade: December 1, noon; The Museum’s Edwardian Christmas Open House event is on Friday December 6. Volunteers needed; Clarington Museums and Archives is the host site for the Clarington Community Christmas Party on Sunday November 24. 8. Reports: a) Finance Report Discussion was held regarding the finalization of several payments as well as new income. b) Curatorial Report The William’s Treaty travelling exhibit being prepared by the Pickering Museum was discussed and new research avenues regarding indigenous information were brought up by members of the board. Moved by: M. Ross Seconded by: M. Morawetz THAT: All reports be received. MOTION CARRIED Moved by: S. Middleton Seconded by: A. Foster THAT: Suzanne Reiner be removed as a signing officer on the Museum bank accounts, effective immediately. MOTION CARRIED Moved by: S. Middleton Seconded by: M. Morawetz THAT: Marina Ross be added as a signing officer on the Museum bank accounts, effective immediately. MOTION CARRIED 9. New Business: The new rolling storage, a part of the Archives Re-Organization Project supported by the MAP grant, has been installed at the Museum this past week. This finalizes the construction portion of the project. Staff are now organizing the collection onto the shelves. 10. In Camera: None. 11. Date and Place of Next Board Meeting: The next meeting will be held on December 11, 2019 at 7 p.m. Location: MAC Meeting Room 1C, Bowmanville Library 12. Adjournment Moved by: S. Middleton Seconded by: M. Ross THAT: The meeting be adjourned at 7:43 p.m. MOTION CARRIED Page 54 Minutes for the meeting of the Clarington Museums and Archives Board have been accepted and approved on _______________________________________________ _________________________________ _______________________________ Chair, Executive Director, Clarington Museums and Archives Board Clarington Museums and Archives Page 55 Agricultural Advisory Committee of Clarington October 10, 2019 Agricultural Advisory Committee of Clarington Meeting Thursday, November 14, 2019 Members Present: Don Rickard Brenda Metcalf (Chair) Councillor Zwart Ben Eastman Jennifer Knox Richard Rekker Les Caswell Henry Zekveld Regrets: Eric Bowman, John Cartwright, Tom Barrie, Ted Watson Staff: Faye Langmaid - Planning Services Guests: Fred Horvath, Clint Peters and Ken Mercer, Operations Gord Weir, Fire Chief Brenda welcomed all to the meeting, with introductions. No pecuniary interests declared. Adoption of Agenda 019-22 Moved by Les Caswell, seconded by Richard Rekker “That the Agenda for November 14, 2019 be adopted” Carried Approval of Minutes 019-23 Moved by Don Rickard, seconded by Richard Rekker “That the minutes of the October 10, 2019 meeting be approved” Carried Presentation: Operations Staff provided an overview of the Emerald Ash Borer, Ash Tree removal and replanting of street tree information. The program began in 2013 in the east (Courtice) and is moving west and north. 2,344 ash trees were identified in urban areas, the majority of trees in Courtice, Bowmanville and Newcastle have been removed. The replanting in urban areas continues in Bowmanville and Newcastle. Trying to complete in 2019 but weather may not allow. Page 56 Agricultural Advisory Committee of Clarington November 14, 2019 The rural roadside, parkland and green space trees owned by the Municipality is now underway with an inventory that is complete to the west side of Bowmanville Avenue (RR57). Roughly, to date, 1400 tress have been identified for removal. It is anticipated that thoughts will be identified. Ops is working on the development of a long te rm strategy to secure the resources necessary for the removal and replacement of the affected trees in the rural roadside areas. For farmers on their own private property they can take the trees down and burn them. The wood can also be used for firewood but should not be transmitted out of the area. Some municipalities has used the wood for park benches and other types of furniture, it does not have to be ground up. There are no provincial or other programs staff are aware of for the removal of trees. For replanting there are programs and funds. Clarington’s own Trees for Rural Roads is a good example. Highway of Heros is another. Ops has a dedicated forestry crew which has been working on EAB for 3.5 years. There are 1300 open tree requests (mostly replanting). Tree pruning and management was not a major focus of Ops until EAB became an issue. To date 5 to 7.5 million has been spent on the EAB program and it is unclear as to when it will be finished as the rural inventory is required to figure that out. Chief Weir was in attendance about burn permits. Clarington permits are for a year and do not have seasonal restrictions. People’s contact information is retained and should there be a dry spell when fires should not be lite the permit holders are notified. If you require a permit please attend the main fire hall adjacent to the G. B. Rickard centre and a permit can be issued to rural property owners. Fire Chiefs in Durham Region have received requests for burning permits be addressed by one common by-law across all of the Municipalities. Clarington does not charge and there is not a common approach to burning permits at this time. The Chiefs have been focusing on the Emily 911 system. A report on a Regional approach will be going to Regional Council soon. The Emily 911 system also provides an opportunity for emergency services to better understand farm operations. If you want Fire Services to know about your operation a site plan and can be stored in their data base and made available in the case of emergency. Fire and Emergency personal received extra training for agricultural structures and farm accidents include rescues from heights and grain bin safety. Business Arising from Minutes Zone Clarington: The project has been “tabled” by Council. This has allowed staff to issue the public notice which everyone should have received and also begin to work through the site specific requests. Committee members were also reminded that the vegetation protection area and environmental review area will be removed from the maps. The first draft of maps will be revised and comments received will be addressed as part of the second draft when it is released. Page 57 Agricultural Advisory Committee of Clarington November 14, 2019 There was general discussion on how there has been communication issues with this project including the misunderstanding of what people can currently do with their property. Committee recommends Staff and Council have to make sure as the next stage of the process occurs comments are dealt with respectfully and dispositioned properly. It was acknowledged that there will be members of the public that will not listen objectively. The lack of notice from the Province on the Greenbelt and other changes provincial policies is compounding the communications issue. Also the impacts of the 407 and lack of knowledge of the mitigation and compensation plans (which have are not complete as of yet) has added to mistrust in government. One of the major complaints of the rural community is the lack of information on how t o have effective change implemented at the provincial and federal levels. Correspondence, Council Items and Referrals Region’s Woodland By-law This by-law will replace the former Regional Tree By-law. The name more accurately reflects the purpose which relates to woodlots not individual trees. The exemptions for farmers from the former by-law have been carried into this by-law. For managed woodlots cutting permits will be required as previously. Clear cutting is not allowed. . Bollards in Enniskillen The bollards have been removed and traffic staff will be reviewing the results of the pilot program and looking into alternatives. Ag Education Centre Information about the next steps and the meeting to be held in Nestleton on November 20th at the Community Centre, 3971 Hwy #&A beginning at 7:15 with an open house and presentation at 7:45. Kawartha Conservation Agriculture Conference focussing on soil and water quality on December 13. Register for the event at https://www.kawarthaconservation.com/2019AgConference Liaison Reports: Durham Agriculture Advisory Committee: Faye shared highlights from the November 12 DAAC meeting as listed below. Agricultural Strategy: ▪ Will be finalizing our work with Wilton Consulting in the coming weeks. ▪ We will not be distributing the revised strategy to any additional stakeholders until the new Ag & Rural Affairs Manager is on board. Provide your feedback on the Rural Transit Review Durham Region Transit is reviewing transit services in rural areas of the region to examine various transit options and focus on the best solutions for customers and residents. Eight drop-in events have been announced in Brock, Clarington, Scugog and Uxbridge. To provide your feedback on the future of transit in rural Durham, attend one of the drop-ins and/or complete the online survey by Saturday, November 30. Page 58 Agricultural Advisory Committee of Clarington November 14, 2019 Transportation System Discussion Paper Comments are due by the end of December and can be submitted through www.durham.ca/envisiondurham. Contact Chris Leitch in case you have any questions or would like further information on anything related to the Region’s transportation policy and mapping update. Durham 2020 Budget o The Region of Durham is excited to host two budget open houses to provide community members an opportunity to: ▪ Learn more about the Region’s property tax supported business plans and budgets. ▪ Gain an increased understanding of the Region’s programs and services. ▪ Provide input on priorities for 2020 and future budgets. o For comments and questions about the budget, contact the Finance Department by email at budgets@durham.ca or phone at 905-668-7711. o There is a budget open house tonight in Scugog. Further information is available here: https://www.durham.ca/en/regional-government/budget-and-financial.aspx Durham Region Federation of Agriculture: Richard provided an update in his e-mail to all prior to the meeting. DRFA continues to work on coordinating a local roundtable on enforcement for safety on family farms. Clarington Board of Trade: CBOT will host the Clarington Economic Summit on November 20, 8:00 am – 2:00 pm at Garnet B. Rickard. The summit will explore Clarington’s economy and the synergies and opportunities with emerging sector, including hemp production. Details available at https://www.cbot.ca/events/economic- summit/. Celebrate Agriculture Gala took place on October 24, raising $9000 in the silent and live auction. Tom and Sally Barrie received the Spirit of Agriculture Award. Brenda has a certificate for them from Senator Black and will present at the next AACC meeting when Tom is in attendance. New Business MPAC questions: Don raised a concern about MPAC assessing cell towers on farms as commercial. Faye indicated that MPAC appears to be working through issues, last year the focus was on-farm agriculture retail operations. Building permits issued are provided to MPAC. Assessments are prepared in relation to the use being made of the land not the zoning. For instance wind-turbines are taxed as commercial as are solar farms on agricultural lands. Should you not agree with your assessment you should evaluate whether you wish to question how it was determined. Future Agendas April Stevenson - Highway of Heros Tree Planting Stewardship Initiative Clarington Engineering Services and Region of Durham Works re: 2020 rural area capital projects and Clarington Engineering Services (Building Division) re: National Page 59 Agricultural Advisory Committee of Clarington November 14, 2019 Building Code changes for farm structures anticipated for 2020 (once the changes have been confirmed) Robert Schafer re: Tyrone Mills Ltd. Brianna Ames of Fairlife (Coca-Cola) Simon Gill, Durham Region Economic Development & Tourism re: an update on the Durham Region Agricultural Strategy and Durham Region Broadband Strategy Philip Lawrence the newly elected MP and Erin O’Toole the re-elected MP. Les Caswell moved to Adjourn. Next Meeting: Thursday, November 14, 2019 @ 7:30 pm – Bylaw will be in attendance on the Clean and Clear By-law. Clarington “Clean and Clear” By-law 2019-047: By-law passed July 2, 2019 respecting keeping land clean and clear in the Municipality. By-law prohibits the accumulation of debris, accumulation of standing water and the growth of grass and weeds to a height higher than 20 cm, with the exception of lands zoned Environmental Protection. Replaces the lawn maintenance by-law. By-law Enforcement will be invited to attend a future meeting. Page 60 Clarington Heritage Committee Minutes November 19, 2019 - 1 - If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of the Clarington Heritage Committee held on November 19, 2019, at 7:00 PM, at the Clarington Municipal Offices in Room 1C. Members Present Were: Peter Vogel, Steve Conway, Ron Sproule, Noel Gamble, Councillor Hooper, Robert Malone (NVDHS), Jason Moore (ACO), Marina Ross (Museum), Councillor R. Hooper (7:40pm) Regrets: Victor Suppan, Katharine Warren, David Reesor Staff Present: Faye Langmaid, Sarah Allin, Planning Services Guests: A. Babista and Carlo Pellarin Planning Services; J. Haslett, Brookfield Homes 1 Declaration of Pecuniary Interest There were no disclosures of interest stated at this meeting. 2 Adoption of Agenda 19.33 Moved by R. Malone, seconded by S. Conway That the Agenda be adopted. “Carried” 3 Adoption of Minutes of Previous Meeting 19.34 Moved by N. Gamble, seconded by M. Ross That the minutes of the October 15, 2019 Clarington Heritage Committee meeting be adopted. “Carried” 4 Delegations/Presentations 4.1 Neighbourhood Character Study; Presentation by A. Babista, Planning Services A. Babista presented an overview of the Neighbourhood Character Study being undertaken by the Planning Services Department to better understand the character of established neighbourhoods, and how such areas may be affected by redevelopment and intensification pressure. The recommendations of the Neighbourhood Character Study will be implemented in part through a Zoning By- law amendment, and will inform the ongoing Zoning By-law Review (Zone Clarington). The Final Report is currently being prepared for release in December, in consideration of the study findings and public/stakeholder feedback received. A Public Meeting for the proposed changes to the Zoning By-law Page 61 Clarington Heritage Committee Minutes November 19, 2019 - 2 - recommended by the Neighbourhood Character Study will be held early in the New Year. Committee members received the presentation, and inquired as to when the zoning changes will come into effect, how recommendations related to heritage would be implemented, and how architectural style is addressed. Planning Services staff advised changes to the Zoning By-law would come into effect subsequent to Council enacting a Zoning By-law amendment, a separate process would have to be undertaken to determine how to best implement Neighbourhood Character Study recommendations that are not zoning-related (such as those relating to heritage and trees). Planning staff also advised architectural control is often used in the development of new residential areas, however consideration must be given as to how much control is appropriate in the context of established neighbourhoods, as different is not necessarily incompatible. Committee members advised that they have been conducting research on the Veterans’ Land Act, and have been in touch with residents of Veterans Avenue in Bowmanville. 4.2 Heritage Impact Study for 879 Regional Road 17; Presentation by J. Haslett, Brookfield Homes J. Haslett presented an overview of the study area, and the Allin farmhouse (879 Regional Road 17) in the context of the Newcastle North Village Secondary Plan, noting the draft approved plan of subdivision to the south of the subject farmhouse. As part of the development of the area, the Ministry of Transportation requires the re-alignment of North Street, and the Allin farmhouse falls within the proposed re-alignment corridor. Brookfield Homes requested the subject dwelling be evaluated for cultural heritage value in advance of the normal progression of the secondary plan process in consideration of the above noted road re-alignment. J. Haslett also noted the dwelling is now vacant and vulnerable to vandalism. A cultural heritage consultant prepared a Heritage Impact Assessment, the draft of which concluded the dwelling did not meet the criteria for designation under the Ontario Heritage Act, but recommended that the house be photographically documented prior to demolition. Brookfield Homes would provide access to the Committee to document the dwelling, should it wish to do so. Committee members inquired as to whether a roundabout could be considered that might spare the dwelling, rather than the proposed North Street re-alignment. J. Haslett advised that a Transportation Master Plan will be undertaken as part of the secondary plan process for this area that will consider alternatives and the impact on any surrounding dwellings. The Committee was also advised of North Newcastle Secondary Plan Public Information Centre being held on November 21st. R. Malone indicated the Committee should review the Heritage Impact Assessment, to ensure the rationale for demolishing the dwelling is solid. R. Page 62 Clarington Heritage Committee Minutes November 19, 2019 - 3 - Malone also indicated that the NVDHS may have an interest in viewing the house. The Committee thanked J. Haslett for her presentation. 5 Business Arising 5.1 879 Regional Road 17 Heritage Impact Assessment The Planning staff noted the Committee previously considered the dwelling at 879 Regional Road 17, and did not recommend that it be placed on the Municipal Register. The Heritage Impact Assessment will be circulated to the Committee once it has been finalized, along with any information on the Committee’s previous consideration of the dwelling. This matter will be brought back to the Committee’s January meeting. 5.2 Fletcher Tree Draft Statement of Significance Planning Services staff provided a draft statement of significance for the Fletcher Tree for the Committee’s review, first presented at the October 2019 Committee meeting and circulated for further review in conjunction with the sub-committee’s evaluation of the Tree in advance of this meeting. Committee members discussed the sub-committee’s recommendation that a tree protection barrier be implemented to protect the critical root zone, in accordance with a methodology used by the City of Burlington, and whether such a recommendation was appropriate at this time. Committee members supported moving forward with the draft statement of significance, and addressing additional tree protection measures through the planning process, as appropriate. 19.35 Moved by R. Malone, seconded by S. Conway That the Committee recommends the designation of the Fletcher Tree under Part IV of the Ontario Heritage Act, requesting staff move forward with statement of significance, and that additional matters of tree protection be addressed through appropriate planning processes. “Carried” 5.3 Toll House Plaque Planning staff has corresponded with Durham Region staff regarding the relocation of the plaque to a more visible location. Regional staff has acknowledged the historical toll house at the subject location, and is willing to provide for the plaque to be located within the right-of-way. Engineering Services staff, who are responsible for the sidewalk, advised the sidewalk along this section of King Avenue is tentatively scheduled to be installed by the Municipality of Clarington about the year 2024. The plaque will remain in its current location until such time as the sidewalk is installed. Page 63 Clarington Heritage Committee Minutes November 19, 2019 - 4 - 5.4 December 2019 Heritage Committee Meeting The Heritage Committee has fulfilled the meeting requirements for 2019, and Committee members agreed the preference would be to forgo a December meeting. Committee members confirmed the Chair could call a meeting in December should the need arise. 19.36 Moved by R. Malone, seconded by J. Moore That the Heritage Committee will not convene for a regular December 2019 meeting, although the Chair may call a meeting should the need arise. “Carried” 6 Correspondence and Council Referrals: None. 7 Reports from other Committees 7.1 Bowmanville, Orono & Newcastle Community Improvement Plans – • Community Improvement (CIP) Grant Programs – There has been continuous interest throughout 2019 in Bowmanville and Orono, where a number of buildings have undergone improvements with financial support from the Programs. Interest in Newcastle has been relatively low this year, although this is likely an anomaly given past years. • Sidewalk Patio Program – Three-Six Kitchen in Bowmanville, and The Snug in Newcastle have had successful patio seasons. Star Apple in Bowmanville also opened a patio entirely on its own property towards the end of the summer. Sidewalk patios were removed in October and will be stored until next season. The Municipality has found the current fee for installation/removal of patio infrastructure was not sufficient to cover costs and is reviewing. Funds were allocated in 2019 to support a sidewalk patio in downtown Orono. No interest has been received to date, however there may be interest next season from newly establishing businesses. • Public Art Projects – Funding was received from the Province (OMAFRA) for use in the downtowns of Bowmanville, Courtice, Newcastle, and Orono. The Municipality is using the funds to support public art. Requests for Proposals for each project have closed and the Juries have evaluated the submissions to select Artists for each project. Projects include: Bowmanville (mural project on the wall of James Insurance building), Courtice (youth collaboration for art in the park/trail system), and Newcastle (small sculpture treasure hunt theme in downtown gardens). Artistic bike racks are being procured for Orono and funds were used for the Orono mural on the north wall of the former Orono Electric building. Funds have to be expended by the end of March 2020. • Orono Town Hall – Tender has been issued for the addition of the accessible elevator at Orono Town Hall, previously reviewed by the Committee. The repair Page 64 Clarington Heritage Committee Minutes November 19, 2019 - 5 - of the clock tower and drainage issue at the southeast corner is not included in this work. 7.2 Architectural Conservancy of Ontario (ACO), Clarington Branch: - No report. 7.3 Newcastle Village District Historical Society (NVDHS) – The NVDHS participated in the Newcastle Santa Claus Parade, and received good recognition and feedback. The NVDHS was open on Remembrance Day displaying uniforms and memorabilia, and had lots of visitors. The Digitization Project is moving along and is expected to be completed by mid-2020, making a significant amount of documentation more easily accessible to the public. NVDHS has been contacted by a real estate broker regarding two properties on Mill Street North that are planned for redevelopment. NVDHS will not object to the demolition of the dwelling, if the matter comes before the Committee. 7.4 Museum – Upcoming events include: annual Edwardian Christmas (Dec. 6), and Museum is hosting the Clarington Community Christmas Party. The Museum and Library Boards will be merged as of January 2020. M. Ross and K. Warren will be on the Library Board and will represent the Museum. The Museum will be a Committee under the Library. 7.5 Wilmot Creek Heritage Park – V. Suppan and B. Malone met with Chief D. Mowat in Alderville to obtain input on how to represent the heritage of First Nations communities in the development of the Wilmot Creek Heritage Park. The landowner has retained a Landscape Architect, with whom the group is hoping to meet prior to the Committee’s meeting in January. 8 Project Reports 8.1 Municipal Inventory and Register Committee: None. 8.2 Outreach/Education Committee: None. 9 New Business 9.1 Heritage Project Updates: Planning staff provided an update on various heritage planning projects as follows: • The Municipality of Clarington is now in possession of 156 Church Street. This property was designated in 2018; • DocVille (816 Regional Road 17) has been added to the Municipal Register via Council’s adoption of the recommendations of Planning Services Report PSD- 030-19; • The heritage plaque denoting designation has been installed at 26 Concession Street West; and Page 65 Clarington Heritage Committee Minutes November 19, 2019 - 6 - • Designation By-laws were passed for Haydon Community Hall (2503 Concession Rd 8) and Central Public School (120 Wellington Street). 10 Adjournment B. Malone moved Adjournment 8:45 pm. Next Meeting: January 21, 2020, 7:00 p.m. Clarington Municipal Offices, Room 1C Page 66 Committee Report to Council If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Report Number: GGR-004-19 Date of Meeting: December 9, 2019 Report Subject: General Government Committee Meeting of November 25, 2019 Recommendations: 1. Receive for Information a. Item 9.1 - Minutes of the Bowmanville Business Improvement Area, from the October 8, 2019 meeting b. Item 9.2 - Minutes of the Tyrone Community Hall Board, from the September 18 and October 16, 2019 meetings c. Item 9.3 - Minutes of the Bowmanville Santa Claus Parade Committee, from the October 7 and November 6, 2019 meetings d. Item 9.4 - Jennifer Connor, Legislative Services Manager/Clerk, Township of Ramara, Regarding Conservation Authority Exit Clause e. Item 9.5 - Beth Morton, Clerk-Administrator, Township of Perry, Regarding Transforming and Modernizing the Delivery of the Ontario Building Code f. Item 10.3 - George Vadeboncoeur, Chief Administrative Officer, Town of Wasaga Beach, Regarding Conservation Authority Levies g. Report ESD-009-19 Emergency Services Activity Report – Q3 h. Report CLD-025-19 Webstreaming of Council and Committee Meetings i. Report FND-029-19 Financial Update as at September 30, 2019 j. Report CAO-015-19 Strategic Plan Update k. Item 9.6 - Memo from Ron Albright, Acting Director of Engineering Services, Regarding Tooley's Mill Park Area Land Ownership Page 67 Municipality of Clarington Page 2 Report GGR-004-19 2. Nancy and Hugh Towie, Clarington Polar Bear Swim Committee – Clarington Polar Bear Swim – January 1, 2020 That the request for Emergency Services, Fire Hall #2, to attend the Clarington Polar Bear Swim on January 1, 2020, in Newcastle, be approved. 3. Susan Cassel, City Clerk, City of Pickering, Regarding Association of Municipalities of Ontario (AMO) - Towards a Reasonable Balance: Addressing Growing Municipal Liability and Insurance Costs That the following resolution from the City of Pickering, regarding Association of Municipalities of Ontario (AMO) - Towards a Reasonable Balance: Addressing Growing Municipal Liability and Insurance Costs, be endorsed by the Municipality of Clarington: That Corr. 35-19, dated October 1, 2019, AMO submission to the Attorney General of Ontario, regarding addressing growing municipal liability and insurance costs, be endorsed. 4. Memo from Anne Greentree, Municipal Clerk, Regarding Appointment of Department Liaisons That the Members of Council be designated as a Department Liaison for the term ending December 31, 2020, as follows: Planning Services Department Councillor Neal Engineering Services Department Councillor Anderson Operations Department Councillor Hooper Emergency Services Department Councillor Zwart Community Services Department Councillor Traill Municipal Clerk’s Department Councillor Jones Finance, Corporate Services & Solicitor’s Department & Administration Mayor Foster 5. GO Transit Newcastle Village - Annual Status Update That Report be received for information. That the sale of the former fire hall site in the Village of Newcastle be further delayed to continue to allow GO Transit to use the property as a turnaround until such time as Durham Region Transit is able to provide a local service that ensures continuity for residents; That Staff be directed to continue to work with Durham Region Transit to define future growth patterns and establish appropriate service levels; Page 68 Municipality of Clarington Page 3 Report GGR-004-19 That Staff be directed to report back to Council in the fall of 2020 on the progress of our discussions; and That scheduling the sale of the site of the former fire hall in Newcastle be revisited at that time. 6. Proposal to Close and Convey a Portion of an Unopen Road Allowance Situated Between Lot 34 & 35, Concession 1, Former Township of Darlington That Report EGD-017-19 be received; That Council endorses in principle the closure and conveyance to Tribute (Prestonvale) Ltd. that portion of the unopened road allowance situated between Lots 34 and 35, Concession 1, Former Township of Darlington as depicted on Attachment 1 to Report; and That all interested parties listed in Report and any delegations be advised of Council's decision. 7. Ramzi Jammal, Executive Vice-President and Chief Regulatory Operations Officer, Regulatory Operations Branch, Canadian Nuclear Safety Commission (CNSC), Regarding CNSC Update That the Presentation of Ramzi Jammal, Executive Vice-President and Chief Regulatory Operations Officer, Regulatory Operations Branch, Canadian Nuclear Safety Commission (CNSC), Regarding CNSC Update, be received with thanks. 8. 2019 Community Event Sponsorship Requests – Fall Intake That Report CSD-011-19 be received; That Council consider all submitted sponsorship requests; and That all interested parties listed in Report CSD-011-19, and any delegations be advised of Council’s decision. 9. Clarington Zone – Minor Peewee AAA That the Sponsorship Application #S20-01, from the Clarington Zone - Minor Peewee AAA , be approved in the amount of $2000.00 10. Canadian Cancer Society Durham That the Sponsorship Application #S20-02, from the Canadian Cancer Society Durham, be approved in the amount of $2000.00. 11. Autism Home Base Durham That the Sponsorship Application #S20-03, from the Autism Home Base Durham, be approved in the amount of $1000.00. Page 69 Municipality of Clarington Page 4 Report GGR-004-19 12. Newtonville Town Hall That the Sponsorship Application #S20-04, from the Newtonville Town Hall, be approved in the amount of $1000.00. 13. Epilepsy Durham That the Sponsorship Application #S20-05, from the Epilepsy Durham, be approved in the amount of $2000.00. 14. Big Brothers Big Sisters That the Sponsorship Application #S20-06, from the Big Brothers Big Sisters, be approved in the amount of $2000.00. 15. Community Grant and Event Sponsorship Programs Review That Report CSD-012-19 be received; That the changes to the Community Grant Program and Community Event Sponsorship Program included in Report CSD-012-19 be approved and that the $500.00 increments take affect at the $2000.00 level; That the revised By-law regarding the Orono Business Improvement Area (BIA), Attachment 1 to CSD-012-19, be approved; That staff be directed to conduct a comprehensive review of the two programs and report back during Fall 2020 for a 2021 implementation; and That the Orono BIA, and any delegations, be advised of Council’s decision. 16. Appointments to Fill Vacancies on Various Boards and Committees That Report CLD-024-19 be received; That the Committee consider the applications for appointments to the various boards and committees, and that the vote be conducted to appoint the citizen and Council representatives to the various boards and committees, in accordance with the Appointment to Boards and Committees Policy; That Anna Camposeo be nominated to th e Durham Region Land Division Committee for a term ending December 31, 2022 or until a successor is appointed; That the Municipal Clerk's Department be authorized to continue to advertise for the remaining vacancies on the Diversity Advisory Committee, Newcastle Arena Board, and the Livestock Valuers; That the resignations of Dorothy Koziorz, from the Diversity Advisory Committee, Steven Cooke, from the Durham Region Land Division Committee, and Milton Dakin, from the Livestock Valuers, be received; That Sarah Taylor be appointed to the Accessibility Advisory Committee, for a term ending December 31, 2022 or until a successor is appointed; Page 70 Municipality of Clarington Page 5 Report GGR-004-19 That Barry Carmichael be appointed to the Newcastle Village Community Hall Board or a term ending December 31, 2022 or until a successor is appointed; and That all interested parties listed in Report CLD-024-19 and any delegations be advised of Council’s decision. 17. Emergency Flood Access Risk Assessment and Mitigation Study That Report COD-026-19 be received; That the proposal received from Aquafor Beech Ltd. being the most responsive bidder meeting all terms, conditions and specifications of RFP2019 -14 and subject to a satisfactory reference check, be awarded the contract for the provision of consulting services to complete the Emergency Flood Access Risk Assessment and Mitigation Study; That the total funds required for this project in the amount of $112,261.63 (Net HST Rebate) is being funded in part by the National Disaster Mitigation Program ($56,130.81 Net HST Rebate) with the balance of $56,130.82 (Net HST Rebate) being funded from within the approved budget allocation as provided from the following account: Description Account Number Amount Engineering Admin Studies 100-32-130-00000-7510 112,262 That all interested parties listed in Report COD-026-19 and any delegations be advised of Council’s decision. 18. 2020 Interim Tax By-law That Report FND-030-19 be received; and That the By-law attached to Report FND-030-19, as attachment 1, be approved. 19. Market Review of Municipal Insurance Program That Report FND-031-19 be received; and That Staff inform the Durham Municipal Insurance Pool that the Municipality of Clarington will be renewing for the July 1, 2020 to June 30, 2021 policy year; and That the Director of Finance have the discretion to determine when a review of the Municipality’s insurance program may next be conducted, such time not to exceed five policy years. Page 71 Municipality of Clarington Page 6 Report GGR-004-19 20. Library-Museum Merger That Report CAO-012-19 be received; That the Municipality transfers responsibility for the assets currently under the management of the Clarington Museum and Archives Board to the Clarington Public Library Board effective January 1, 2020; That the Clarington Museum and Archives Board be dissolved, and By-law 2012-093 be repealed, effective January 1, 2020; and That all interested parties listed and any delegations be advised of Council’s decision. 21. Affordable Housing Toolkit That Report CAO-013-19 be received; That the Municipality continue to utilize the following tools to incentivize all qualifying affordable housing projects: a. Expedited Approvals (section 2.3); b. Secondary Suite Development Charge Exemption (section 2.6); c. Deferral of Payment of Development Charges (section 2.10); d. Partial Waiver of Development Application Fees (section 2.11); e. Waiver of Security Requirements (section 2.12); and f. Property Tax Rate Rebate (section 2.13); That staff prepare a draft Official Plan Amendment and Zoning By-Law Amendment to implement Bill 108 requirements respecting additional residential units (secondary suites and garden suites – sections 2.6 and 2.7); That staff investigate the possibility of using inclusionary zoning policies (section 2.8) and report back to Council; That staff report back to Council on the use of community benefits charges (section 2.14) after the Planning Act regulations respecting CBCs are in place and more is known about how they can be applied; That the Clarington Official Plan policy encouraging affordable housing be implemented through Secondary Plan policies (section 1.12); That staff investigate and report back to Council respecting policies that would allow developers that are not receiving provincial or federal subsidies to receive Municipal incentives (section 1.12); That reducing parking requirements (section 2.5), providing land (section 2.9) and any other possible incentives be considered by Council on a case-by-case basis; That staff be directed to prepare a policy (Affordable Housing Toolkit) that affordable housing developers can pull from as they work to build their financial models; That staff be directed to work with the community (non -profits in particular) to provide education respecting affordable housing development in Clarington; Page 72 Municipality of Clarington Page 7 Report GGR-004-19 That a Planning Services Department staff member be appo inted to handle the Affordable Housing portfolio; and That all interested parties listed in Report CAO-013-19 and any delegations be advised of Council’s decision. 22. Durham Community Energy Plan Endorsement That Report CAO-14-19 be received; That Council endorse in principle the Durham Community Energy Plan (DCEP), including the community energy reduction target of 80% by 2050 and the Low Carbon Pathway scenario as the preferred energy scenario for implementation; That Council refer the DCEP to the Inter-Departmental Climate Change Working Group for consideration and incorporation of relevant elements into the Clarington Climate Change Action Plan currently under development; and That Staff continue to participate in the DCEP Steering Committee, while requ ests for participation in Working Groups be considered on a case-by-case basis, subject to staff availability. Page 73 Committee Report to Council If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Report Number: PDR-004-19 Date of Meeting: December 9, 2019 Report Subject: Planning and Development Committee meeting of December 2, 2019 Recommendations: 1. Receive for Information a. Report PSD-057-19 - 1987 Bloor Street - Case Study of Site Specific Draft Zoning Mapping Refinements 2. Ted Comiskey, Mayor, Town of Ingersoll, Briefing Note Regarding Granting Municipal Right to Approve Landfills in Ontario That the following resolution from Town of Ingersoll, regarding Granting Municipal Right to Approve Landfills in Ontario, be endorsed by the Municipality of Clarington: Whereas municipal governments in Ontario do not have the right to approve landfill projects in their communities, but have authority for making decisions on all other types of development; And Whereas this out-dated policy allows private landfill operators to consult with local residents and municipal Councils, but essentially ignore them; And Whereas Ontario’s proposed “Made-in-Ontario Environment Plan” states that the province will grant municipalities a “greater say in siting of landfills”; And Whereas municipalities already have exclusive rights for approving casinos and nuclear waste facilities within their communities, whether to host cannabis retail in their communities, And Further that the province has recognized the value of municipal approval for the siting of power generation facilities; And Whereas the recent report from Ontario’s Environmental Commissioner has found that Ontario has a garbage problem, particularly from Industrial, Commercial and Institutional (ICI) waste generated within the City of Toronto, where diversion rates are as low as 15%; Page 74 Municipality of Clarington Page 2 Report PDR-004-19 And Unless significant efforts are made to increase recycling and diversion rates, a new home for this Toronto garbage will need to be found, as landfill space is filling up quickly; And Whereas municipalities across Ontario are quietly being identified and targeted as potential landfill sites for future Toronto garbage by private landfill operators; And Whereas other communities should not be forced to take Toronto waste, as landfills can contaminate local watersheds, air quality, dramatically increase heavy truck traffic on community roads, and reduce the quality of life for local residents; And Whereas municipalities should be considered experts in waste management, as they are responsible for this within their own communities, and often have decades’ worth of in-house expertise in managing waste, recycling, and diversion programs; And Whereas municipalities should have the exclusive right to approve or reject these projects, and assess whether the potential economic benefits are of sufficient value to offset any negative impacts and environmental concerns; Therefore be it resolved that the Municipality of Clarington calls upon the Government of Ontario, as part of its “Made-in Ontario Environment Plan” to formally entrench the right of municipalities to approve or reject landfill projects in or adjacent to their communities; And That in the case of a two-tier municipality, the approval be required at both the upper-tier and affected lower-tier municipalities; And Further That the Municipality of Clarington encourage all other municipalities in Ontario to consider this motion calling for immediate provincial action; And That the motion adopted by Council be forwarded to the demand the right coalition of Ontario municipalities. 3. Rezoning to Facilitate 3 Severances at 1535 Ovens Road in Newtonville That Report PSD-052-19 be received; That the proposed Zoning By-law Amendment application, submitted by Will & Nancy Vanniejenhuis, continue to be processed and that a subsequent recommendation report be prepared; and That all interested parties listed in Report PSD-052-19 and any delegations be advised of Council’s decision. Page 75 Municipality of Clarington Page 3 Report PDR-004-19 4. Seasonal Sidewalk Patio Program Results, Guidelines, and Procedures That Report PSD-053-19 be received; That the updated Application Form for Seasonal Sidewalk Patios on municipal property (Attachment 1) be approved; That the Director of Engineering Services and the Director of Planning Services review and approve site plans for seasonal sidewalk patios, subject to the provisions outlined in the Application for Seasonal Sidewalk Patios and Boulevard By-law 2013-066; That exceptions to the Traffic and Parking By-law 2014-059, Section 20(1) Retail Services be granted for sidewalk patio locations; That Council approve the allocation of $7,500.00 from each of the Bowmanville and Newcastle Community Improvement Programs ($15,000 total) to be used to support any additional restaurants that may apply to participate in the seasonal Sidewalk Patio Program; and That all interested parties and any delegations be advised of Council’s decision. 5. Community Improvement Plan Programs Annual Report That Report PSD-054-19 be received for information; and That all interested parties listed in Report PSD-054-19 and any delegations be advised of this report. 6. Environmental Stewardship, 2019 Annual Report That Report PSD-055-19 be received for information; and That all interested parties and any delegations be advised of Council’s decision. 7. Heritage Incentive Grant Annual Report for 2019 That Report PSD-056-19 be received for information; and That all interested parties listed in Report PSD-056-19 and any delegations be advised of this report. Page 76 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: December 9, 2019 Report Number: CAO-016-19 Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: By-law Number: Report Subject: Organizational Structure Review Recommendations: 1. That Report CAO-016-19 be received; 2. That the Organizational Structure Review prepared by Grant Thornton LLP dated December 4, 2019, Attachment 1 to Report CAO-016-19, be received; 3. That the CAO report back at the February 18, 2020 General Government Committee meeting with a proposed implementation plan; and 4. That the Clarington Board of Trade and Office of Economic Development be advised of Council’s decision. Page 77 Municipality of Clarington Page 2 Report CAO-016-19 1. Background Organizational Structure Review Process Through Report FND-021-19, staff were directed to undertake an organizational structure review provided funding was received under the Province’s Audit and Accountability Fund. Due to time constrains, Council directed staff to sole source the contract if the funds were awarded. The Municipality’s application was successful in the amount of $150,000. Grant Thornton LLP was engaged to undertake the review. In accordance with the funding agreement with the Province, a draft of Grant Thornton’s Organizational Structure Review was filed with the Ministry of Municipal Affairs and Housing on November 29, 2019. Attached to this report (Attachment 1) is a copy of their final report dated December 4, 2019. As required by the Province, a copy of this report has been posted on our website. In order to inform their recommendations, Grant Thornton prepared a Current State Assessment (Attachment 2). The Assessment provided an overview of the current state of the Municipality’s organizational structure, a comparative analysis for benchmarking with six comparable municipalities, feedback on perspectives of departmental performance, and perceived areas of improvement from staff and Council. Once the Current State Assessment was complete, Grant Thornton performed an analysis based on six specific areas of impact (cost savings) and what they termed a 4P analysis (Purpose and Strategy, People and Culture, Process and Finances, and Performance and Measurement). This resulted in 30 recommendations with a high level implementation outline. 2. Going Forward 2.1 Grant Thornton’s report presents a total of 30 recommendations for organizational restructuring. It identified the potential for estimated cost savings and efficiency improvements valued at between $2.5 and $4.2 million. Report Overview On July 2, 2019, Council directed staff to apply to the Provincial Audit and Accountability Fund for an Organizational Structure Review. Our application was successful. Grant Thornton LLP was retained to conduct the review. This report presents Grant T hornton’s report and recommends that staff provide a proposed implementation plan to the General Government Committee on February 18, 2020 Page 78 Municipality of Clarington Page 3 Report CAO-016-19 2.2 Not all of the identified cost savings and efficiencies will be realized immediately as some synergies and efficiencies will take time to attain. It is also important to note that there may be costs associated with the implementation of some of the recommendations. 2.3 There is considerable information in the report that staff will need time to review in order to provide Council with a recommended implementation plan. For example, for each of the 30 recommendations, staff will need to consider financial implications (i.e. impact on the municipal budget, possible sources of future funding to assist with the implementation), human resource issues (e.g. collective agreement implications, pay equity), physical space requirements, functional analyses of impacted positions, realistic timeframes for implementation and, most importantly, input from impacted staff. 2.4 It is important to note that having a detailed plan for implementation will be key to our success in realizing the potential efficiencies from the recommendations. It will allow us to ensure that the rollout is done efficiently and respectfully of all involved, and work to limit potential challenges down the road. Research shows that this type of detailed planning is vital regardless of the size or scope of changes proposed. 2.5 As we move forward toward implementation, staff will explore potential funding assistance through the additional monies made available in the Audit and Accountability Fund. Staff will provide clarity around our potential eligibility at the February 18 GGC meeting. 3. Conclusion It is respectfully recommended that Council receive the Organizational Structure Report prepared by Grant Thornton LLP dated December 4, 2019 and direct that the CAO report back at the February 18, 2020 General Government Committee meeting with a proposed implantation plan. Staff Contact: Andrew Allison, Chief Administrative Officer, 905-623-3379 ext 2002 or aalliston@clarington.net. Attachments: Attachment 1 – Organizational Structure Review, Grant Thornton LLP, December 4, 2019 Attachment 2 – Current State Assessment, Grant Thornton LLP, November 13, 2019 The following interested party will be notified of Council’s decision: Clarington Board of Trade and Office of Economic Development Page 79 Municipality of Clarington Organizational Structure Review Recommendations and Implementation Final Report December 4, 2019 Attachment 1 to Report CAO-016-19 Page 80 Municipality of Clarington Organizational Structure Review 1 Contents Executive summary 2 1.0 Report Overview 4 1.1 Authorship 4 1.2 Document Purpose 4 1.3 Background 4 1.4 Objectives 4 1.5 Scope 5 1.6 Approach 5 2.0 Recommendations 7 2.1 Restructuring 10 2.1.1 Executive Services 10 2.1.2 Corporate Services 11 2.1.3 Financial Services 12 2.1.4 Public Works 13 2.1.5 Planning and Development Services 15 2.1.6 Community Services 16 2.1.7 Emergency and Fire Services 17 2.2 Human Capital Management 18 2.3 Productivity & Process Improvement 19 2.4 Customer Service 21 2.5 Economic Development 22 3.0 Cost Savings 24 4.0 Implementation 28 4.1 Proposed Organizational Chart 28 4.2 Phased Implementation 29 4.3 Phased Cost Savings 30 4.4 Strategic Execution 31 5.0 Appendices 32 Page 81 Municipality of Clarington Organizational Structure Review 2 Executive summary In August 2019, Grant Thornton was retained by the Municipality of Clarington to provide an organizational structure review. As per the Provincial Audit and Accountability funding guidelines, the draft report submission is to be presented to the provincial government on or before November 30, 2019, by the Municipality of Clarington. The purpose of this engagement was to perform an Organizational Structural review and to make recommendations that may re-align overall and/or department level structures in an effort to achieve savings as a result of efficiency gains from improved collaboration, effective change management, employee engagement and the implementation of key performance indicators. During the August 2019 to November 2019 timeframe, Grant Thornton followed a structured review process. This included the following components: 1) Formal departmental, council and union stakeholder interviews 2) An Ontario based municipality written benchmarking exercise (6 respondents) 3) A Municipality of Clarington all staff on-line survey (128 respondents) 4) Budget review 5) Existing Departmental Structure review 6) Strategic Initiative report/s review As a result of gathering and analyzing the above information, in October 2019, Grant Thornton provided an interim report (attached as an appendix to this final report), detailing the current state assessment of the Municipality of Clarington's Organizational Structure and a summary of the benchmarking. This interim report also included departmental feedback on perspectives of departmental performance and perceived areas of improvement from staff and council. This final report includes 30 recommendations and the rational supporting each recommendation. The goal of the recommendations is to achieve quantifiable cost savings, where productivity, attrition and overtime data was made available, sourced and identified. Productivity gains and resulting cost savings have been expressed as a range at the recommendation level where applicable. Maintaining existing constituent and primary departmental services was considered mandatory in the recommendation evaluation process. All recommendations were made with this principle top of mind. Many operational structural re-alignment recommendations identified productivity gains and cost savings. The gains were a result of different factors, including collaboration, staff engagement and workflow alignment, all of which have a positive impact on productivity and resulting cost savings. Within the 30 recommendations, indirect gains and cost savings opportunities have been identified that stem from leveraging existing Municipality of Clarington initiatives and best practices found effective within other Municipalities and industry knowledge in general. This is further illustrated within this report including benefits from performance management, workflow automation, human capital management and the introduction Page 82 Municipality of Clarington Organizational Structure Review 3 of Key Performance Indicators - productivity level metrics at the departmental and staff levels. Given the nature of this engagement and the opportunity to present organizational structure re-alignment recommendations, effective change management and departmental management best practices are required in an effort to realize the maximum potential savings over time. This report has been written to deliver clear and logical recommendations with associated quantifiable financial benefits. It is not the intent of this report to observe realized cost savings by implementing all recommendations at once. As a result, this final report includes a phased approach to implementing the recommendations over time. Page 83 Municipality of Clarington Organizational Structure Review 4 1.0 Report Overview 1.1 Authorship This Final Report is prepared by Grant Thornton LLP (Grant Thornton) for the Municipality of Clarington’s Organizational Structure Review. This report is based on information and documentation that was made available to Grant Thornton prior to the time of drafting the report. Much of the information was gathered from interviews with and documents provided by the Municipality of Clarington and members of its staff. As such, Grant Thornton assumes no responsibility and makes no representations with respect to the accuracy or com pleteness of any information provided to us. We are not guarantors of the information that we have relied upon in preparing our report, and except as stated, we have not attempted to verify any of the underlying information or data contained in this report. It is understood and agreed that all decisions in connection with the information as presented in this report shall be the responsibility of, and be made by, the Municipality of Clarington. 1.2 Document Purpose The purpose of this document is to present our organization structure review findings and recommendations to the Municipality of Clarington. Moreover, this report will also be shared with the Government of Ontario and posted publically, as is required by the Provincial Audit and Accountability Fund. This report is not to be used for any other purpose, and we specifically disclaim any responsibility for losses or damages incurred through use of this report for a purpose other than as described. Grant Thornton does not assume responsibility for, or provide any guarantee of achieving, any dollar estimates of cost savings. 1.3 Background The Municipality last underwent an organizational structure review in 2000. After almost 20 years, in an effort to be in line with best practices, and as a result of the avail ability of the Audit and Accountability Fund, there is opportunity to identify areas to improve efficiency and effectiveness. Since the review in 2000, the Municipality’s population has grown over 35%. During this time, the Municipality has experienced senior level retirement and internal turnover, creating the opportunity for a complete and independent review. With a 2011 – 2016 growth rate of 8.8%1, the Municipality of Clarington is experiencing significant urban growth. The Municipality of Clarington has received funding for this review from the Provincial Audit and Accountability Fund. The Province of Ontario is providing financial support to municipalities willing to engage a third party to find cost savings in the delivery and structure of municipal programs. 1.4 Objectives This organizational structure review is intended to improve the internal and external understanding of the organizational structure of the Municipality. The organizational structure review recommendations will include opportunities for improving efficiency through modifications to the organizational structure while maintaining existing services and staffing levels. The Municipality should be prepared to maintain service levels despite growing demands. In order to provide sustainable recommendations that position the Municipality well in the future, 1 https://www12.statcan.gc.ca/census-recensement/2016/dp-pd/prof/index.cfm?Lang=E Page 84 Municipality of Clarington Organizational Structure Review 5 this review will look at the organizational design structurally, independent of personalities and individual strengths. The outcome of this review is to ensure that the Municipality of Claring ton’s organizational structure supports effective and efficient service delivery, administrative performance and sustainability, today and into the future. 1.5 Scope The scope of this review is to examine the Municipality of Clarington’s organizational struct ure and “provide specific and actionable recommendations for cost savings and improved efficiencies” (quoting from the Audit and Accountability Fund Program Guidelines). This review therefore focuses on making implementable and sustainable recommendations to maximize efficiencies, improve service delivery and drive administrative savings as a result of improved collaboration, effective change management, employee engagement a nd the implementation of key performance indicators. Out of Scope The following areas are outside of the scope of this review, but have ties to and interdependencies with some aspects of our recommendations:  Department level organization  Individual level roles and responsibilities  Process mapping of functions  Service delivery of Economic Development  Outside boards, agencies or other organizations 1.6 Approach Figure 1.0: Overview of Project Methodology Having a clearly set methodology provides both transparency in our report and objectivity in our analysis, stakeholder engagement, and layers of control to build in redundant re -evaluation of options by a cross-functional team. A current state assessment of the Municipality of Clarington’s organizational structure was conducted to understand and assess each department’s internal functional structure. This included consultations with key stakeholders, an online survey for all Municipal staff and a review of background documentation. A comparative analysis of the organizational structures of similar municipalities was also completed. The comparative analysis included a benchmark survey of peer municipalities to gather insight into Municipal organizational structure and departmental budgets. The peer municipalities that were benchmarked are: Pickering, Chatham Kent , Whitby, Milton, Burlington and Kitchener. Project Mobilization Current State Assessment External Benchmarking Analysis & Recommendations Final Report Page 85 Municipality of Clarington Organizational Structure Review 6 The current state assessment and benchmarking summary (see appendix B) provide a summary of our observations of the Municipality’s organizational structure and a comparison of structure and budget to six peer municipalities. Services for further analysis and benchmarking were selected based on indicators such as functional ownership and task accountability, duplication of efforts, clarity of roles and responsibilities, opportunities for process efficiencies, his tory of departmental consolidation, service level considerations and departmental expenditure as a percentage of the overall Municipal budget. The collated current state data was analyzed in a performance framework, which included areas for improvement from the 4P framework (Purpose, People, Processes and Performance). The 4P analysis used the following perspectives to categorize opportunities for improvement:  Purpose and strategy: defines the relationship between the desired outcomes and practices pertaining to the Municipality’s organizational structure (P1).  People and culture: opportunities pertaining to the Municipality’s organizational structure, roles and responsibilities, culture dynamics, and communication procedures (P2).  Processes and finances: includes opportunities as they relate to approaches and processes to provide services and programs, including responses to bottlenecks, inconsistences, cost reductions, and identification of areas that work well (P3).  Performance and measurement: includes pragmatic data and statistics to gauge services and support continuous performance improvement (P4). Recommendations (see section 2.0) were formulated based on the following criteria:  Following best practices based on the literature, available case studies, industry knowledge and the benchmarking of peer municipalities.  Balancing the size and responsibilities of each department.  Aligning functions, departmental priorities and departmental expertise to create a structure that will streamline process and promote productivity.  Creating structural opportunities for improved communication and collaboration.  Benefits and challenges of hierarchical versus flat organizational structures.  Opportunities and challenges from centralized and decentralized approaches to functional alignment.  Outsourcing considerations for non-core competencies and specialized functions to find efficiencies.  Reviewing current budgets. Cost savings (see section 3.0) were calculated, where possible, based on the available data, and are grouped into five areas of impact:  Restructuring – cost savings where vacant positions do not need to be filled Page 86 Municipality of Clarington Organizational Structure Review 7  Productivity – cost savings from improved productivity, implementation of Key Performance Indicators (KPI)  Collaboration and Communication – cost savings from increased workforce engagement  Human Capital Management and Performance Management – cost savings from implementation of formal leadership coaching, training, performance management evaluation (all staff)  Workflow Automation – cost savings from use of tools and software to automate certain functions and processes  Outsourcing – cost savings achieved by outsourcing of specialized services 2.0 Recommendations Table 1.0 provides a listing of our recommendations, indicating the departments directly impacted, the type of recommendation, area of cost savings and 4P analysis categorization. Table 1.0: List of recommendations Legend of Area of Impact (cost savings): R = Restructuring P = Productivity C & C = Collaboration and Communication HCM & PM = Human Capital Management and Performance Management WA = Workflow Automation O = Outsourcing Legend of 4P Analysis: P1 = Purpose and Strategy P2 = People and Culture P3 = Processes and Finances P4 = Performance and Measurement Recommendation Department(s) Impacted Type of Recommendation Area of Impact (cost savings) 4P Analysis 1 Combine Office of the CAO with Mayor and Council administrative support to form Executive Services CAO, Mayor and Council Restructuring R, HCM & PM P3 2 Move Tourism from CAO to Community Services CAO, Community Services Restructuring P, C & C P3 3 Move Climate Change from CAO to Planning and Development CAO, Planning and Development Restructuring P, C & C P3 Page 87 Municipality of Clarington Organizational Structure Review 8 Recommendation Department(s) Impacted Type of Recommendation Area of Impact (cost savings) 4P Analysis 4 Add Legal to Corporate Services department Legal, Corporate Services Restructuring P, C & C P3 5 Add Clerk to Corporate Services department Clerk, Corporate Services Restructuring P, C & C, HCM & PM P3 6 Move Accessibility Coordinator from Clerk to Community Services Clerk, Corporate Services Restructuring P, C & C P3 7 Move oversight of Volunteers from Community Services to Human Resources Community Services, Corporate Services Restructuring P, C & C P3 8 Outsource Animal Services Clerk Restructuring O P3 9 Move Purchasing from Corporate to Finance Corporate Services, Finance Restructuring P, C & C, WA P3 10 Create centralized Customer Service Corporate Restructuring WA P3 11 Create a Public Works department Engineering and Operations Restructuring R, P, C & C, HCM & PM P3 12 Move all Facility & Park Design, Construction and Maintenance to Public Works Public Works, Community Services Restructuring Included in R12 savings P3 13 Move Crossing Guards from Planning to Public Works Planning, Public Works Restructuring P, C & C P3 14 Move field booking from Operations to Community Services Operations, Community Services Restructuring P, C & C P3 Page 88 Municipality of Clarington Organizational Structure Review 9 Recommendation Department(s) Impacted Type of Recommendation Area of Impact (cost savings) 4P Analysis 15 Move Building Services (CBO) from Engineering to Planning and Development Engineering, Planning and Development Restructuring P, C & C P3 16 Move Development Approvals from Engineering to Planning and Development Engineering, Planning and Development Restructuring P, C & C, WA P3 17 Possibility to Outsource Forestry Operations Other N/A P1, P3 18 Review of Snow Removal Operations Other N/A P1, P3 19 Create a Planning and Development department Planning, Engineering Restructuring Divided into R15 and R16 20 Create formal Economic Development communication link between Planning and Clarington Board of Trade Planning and Development Restructuring N/A P1, P3 21 Move Cemetery administration from Clerk's to Community Services Clerk, Community Services Restructuring P, C & C P3 22 External review of Emergency and Fire Services Emergency and Fire Services Other N/A P1 23 Formalize process for Performance Evaluation All, Corporate Services Human Capital Management HCM & PM P1, P2, P4 24 Create role for in-house training All, Corporate Services Human Capital Management HCM & PM P1, P2, P4 25 Formal Human Capital Management (leadership training, All, Corporate Services Human Capital Management HCM & PM P1, P2 Page 89 Municipality of Clarington Organizational Structure Review 10 Recommendation Department(s) Impacted Type of Recommendation Area of Impact (cost savings) 4P Analysis performance management) process 26 Implement Key Performance Indicators All, Corporate Services Productivity Improvement P, HC & PM P1, P4 27 Formalize support/processes for departmental and team level communication All, Executive Services Productivity Improvement C & C P1, P2, P4 28 Review of department level structure All Productivity Improvement R, P, C & C P1, P2 29 Process improvement initiatives (lean methodology) All Process Improvement P, WA P4 30 Workflow automation All, Corporate Services Process Improvement WA P1 2.1 Restructuring 2.1.1 Executive Services Recommendations Combine Office of the CAO with Mayor and Council administrative support to form Executive Services (R1) Move Tourism from CAO to Community Services (R2) Move Climate Change from CAO to Planning and Development (R3) Recommended Corporate Agenda The Executive Services Department will provide administrative support for the Mayor, Council and the Chief Administrative Officer (CAO). The Mayor and Council provide oversight to the Municipality. The CAO is responsible for the administration of the corporation, including strategic planning, corporate policies, and communication. Impact Aligning the administrative support resources of the Mayor and Council with the Office of the CAO will achieve some efficiencies while providing the Office of the CAO with some support. There is a strong link between successful administration (of the organization) and communications (to the organization). Keeping a strong link between Executive Services and the Communications Team will ensure alignment and support effective execution of strategic Page 90 Municipality of Clarington Organizational Structure Review 11 initiatives. Streamlining this department will help create capacity for communications to support change management and interdepartmental communication structures. The placement of Tourism will be clarified in the Community Services section (see section 2.1.6). In an effort to align functions and expertise, the Climate Change Coordinator will be moved to Planning and Development (see section 2.1.5 for further explanation). The Corporate Policy Analyst position will stay under the CAO to ensure alignment and responsiveness to the overall corporate needs. Depending on future decisions regarding the permanence of this position, future consideration should be given to the breadth and scope of its functions, with the potential to support specific departmental policy needs. Timeline The creation of an Executive Services Division and subsequent internal reorganization can all happen immediately. Moving the Tourism team over to Community Services and the Climate Change Coordinator to Planning and Development can occur with in the next year, dependent upon the preparation of these two departments. 2.1.2 Corporate Services Recommendations Add Legal to Corporate Services department (R4) Add Clerk to Corporate Services department (R5) Move Accessibility Coordinator from Clerk to Community Services (R6) Move oversight of Volunteers from Community Services to Human Resources (R7) Outsource Animal Services (R8) Move Purchasing from Corporate Services to Finance (R9) Create centralized Customer Service (R10) Recommended Corporate Agenda The Corporate Services department will provide internal support services (Human Resources, Information Technology, Legal, Clerk) to the Municipality, as well as provide oversight for a centralized external Customer Service division. The Human Resources portfolio will include performance management, training and corporate education, payroll and volunteer oversight and administration. Impact The addition of a formal performance management process will support the implementation and management of key performance indicators including productivity and service level metrics. The move to support in-house training will achieve efficiencies and long term cost savings while contributing to overall performance and staff engagement. Although specific training a reas must be coordinated with each department, having HR oversight will help create alignment and reduce duplication between departments. The Information Technology portfolio underwent a strategic planning initiative in 2017 that set out a number of IT projects and investments for 2017 – 2022. Within the current and planned capabilities of the Municipality’s information technology infrastructure, there may be options to Page 91 Municipality of Clarington Organizational Structure Review 12 streamline processes (i.e. fewer POS stations) or bolster functions (i.e. full use of current Great Plains modules and additional modules) to support busine ss development. As organizational structure changes are made, our recommendation is to examine all affected business procedures for opportunities to automate workloads and streamline process. For example, the adoption of an e-requisition option to work with Great Plains, or even just to scan to pdf for ease of approval/sign off on Purchase Orders and Invoices. (Please see section 2.3 for further discussion and considerations.) Purchasing as a function relies on clear communication and collaboration between corporate, legal, finance and the department requesting the purchase or procurement. Further explanation of the recommendation to move the Purchasing portfolio to Finance is described below in section 2.1.3. Moving the Legal department (solicitor and law clerk) to Corporate Services will improve working relationships with cross-functional areas and facilitate further legal oversight for projects. Consideration should be given to the Solicitor’s role/oversight on cont racts and the contracting process with the potential to assume some responsibility for this portfolio. Moving the Clerks department to Corporate Services will allow for shared management, oversight, and future realignment of functions. Once the Corporate Services department is realigned, there may be opportunities at the portfolio le vel (i.e. Clerks, Legal, HR, IT) to realign functions to further streamline. Our recommendation is that animal services be outsourced to a provider within the region. The Municipality of Clarington is currently providing a high quality animal control service; however, there may be opportunities to focus or streamline service offerings and animal services could be efficiently and effectively delivered by an external provider. Based on our findings from the current state assessment and peer benchmarking, we recommend a centralized approach to customer service. Please see section 2.4 for further explanation of this recommendation. Timeline The Corporate Services recommendations will require significant coordination and organization between all portfolios and should be phased incrementally. 2.1.3 Financial Services Recommendations Move Purchasing from Corporate to Finance (R9) Recommended Corporate Agenda The Finance Department will be responsible for all financial activities of the Municipality, including Accounting Services, Budget, Taxes, Capital Asset Management, Long Term Planning/Purchasing and oversight of Internal Audit. Page 92 Municipality of Clarington Organizational Structure Review 13 Impact Adding the Purchasing function to this department is recommended so that efficiencies may be achieved through streamlining processes and the number of process owners. Purchasing is an area that requires strong collaboration and timely completion of activities. The Finance department will be responsible for this process and its link to creating/completing purchase orders but will work with all departments where needed. There are likely synergies in terms of process improvements that can be realized through both the overall purchasing and purchase order processes; a number of efficiencies will exist through workflow automation in the purchasing process. Department-level structural reorganization is out of scope for this project, however, consideration should be given to the structure of this department, with a focus on aligning roles/titles to the areas of focus: i) long term planning and capital asset management, ii) accounting, tax and budget, iii) purchasing and iv) internal audit. The adoption of the right technology should lead to some streamlining of current process and create capacity for formal long term planning, budgeting and policy analysis. Future consideration can be given in terms of the composition of these teams, with a potential opportunity for training and development of staff members to increase expertise in the area of long term planning. Internal Audit is an important function within the Municipality. It is recommended that the Finance department be responsible to provide support, data and some oversight. From an internal audit best practice and controls perspective, the Finance department will report up to an audit committee or board which will include external representation providing an objective unbiased review and oversight function. Timeline R9 can be implemented in Year 1, dependent on the physical space and technology needs of moving the Purchasing team into the Finance department. Regardless of the physical location of this team, all future purchasing process changes should be made in accordance with this new reporting structure. 2.1.4 Public Works Recommendations Create a Public Works department (R11) Move all Facility and Park Design, Construction and Maintenance to Public Works (R12) Move Crossing Guards from Planning to Public Works (R13) Move field booking from Operations to Community Services (R14) Move Building Services (CBO) from Engineering to Planning and Development (R15) Move Development Approvals from Engineering to Planning and Development (R16) Possible Outsourcing of Forestry (R17) Review of Snow Removal (R18) Recommended Corporate Agenda Public Works will oversee all engineering and operations functions. Page 93 Municipality of Clarington Organizational Structure Review 14 Impact Bringing together the Engineering and Operations Departments is an important step to streamline design, construction and maintenance procedures and functions. As a single department with one budget, Engineering and Operations will be able to make more effective decisions about maintenance work, appropriately deploy the required resources and have full contro l of the criteria for and schedule of construction and maintenance work. This will result in cost savings as priorities can be aligned to optimally manage and maintain infrastructures while efficiently deploying resources. The Municipality has initiated a project to build a new recreation facility in south Bowmanville. The Community Services department has invested a significant amount of time and effort into the design and planning for this new recreation facility. Community Services has overseen all past recreation facility construction. If the grant funding is successful and the project advances, this construction project would need to be factored into the implementation plan for the organization restructuring. Within the Public Works department, functions should be realigned between the engineering and operations managers to streamline the decision making and functional processes. Based on functional roles and expertise, our recommendation is that all of the design and construction is owned by engineering and all maintenance and labour be owned by operations. All urban and rural road maintenance and design will fall under Public Works; Engineering and Operations will need to work together closely to ensure alignment on the design (engineering) and maintenance (operations) functions. Traffic, inclusive of crossing guards, should b e the responsibility of the operations portfolio. Snow removal and fleet maintenance will be the responsibility of operations. The booking of fields and outdoor spaces will become the responsibility of the Community Services department (see section 2.1.6 for further explanation). Building Services (Chief Building Official) and Development Reviews (Development Manager and Park Development Manager) will move to the Planning and Development department. By grouping all planning, development approval and revie w functions, the strengths of each team can be leveraged by their respective counterparts through awareness and functional alignment. Knowledge sharing would then improve the understanding of functional relationships and opportunities for further process improvement can be realized. Additional opportunity to outsource specialized services may exist within the Public Works department. Potential functions that were identified during our review were Forestry and Snow Removal. There is currently an external review underway to review Forestry Services. From an organizational structure perspective, the Municipality of Clarington should consider outsourcing Forestry Services. There is currently some Forestry expertise within the Engineering department, however, this function should fall under Operations and may be required to scale to meet experience and service level expectations. In order to scale Forestry operations efficiently while maintaining service levels across other areas, outsourcing should be a consideration. An internal review of the Snow Removal portfolio was underway during our current state assessment to determine if new equipment is required to maintain service levels in response to Page 94 Municipality of Clarington Organizational Structure Review 15 the growing road network. The Municipality currently provides timely and quality snow removal services (some non-road areas such as sidewalks are contracted out), however, with a growing road network further investments or outsourcing may be required to maintain service levels. We recommend that a review be completed to determine what the optimal mix of internal versus contracted services is for the Municipality. This should include all Snow Removal services (roads, parking lots, sidewalks). Timeline The creation of a Public Works department should be a priority for the Municipality. Given recent retirements, the immediate restructuring of Engineering and Operations will ensure continuity of management, quality services and staff engagement. Moving Building Services (CBO) and development approvals to Planning and Development will create Engineering department capacity. This re-alignment component will afford a more seamless merger between Engineering and Operations. The timing on this will be dependent on the imp lementation of R20 (creating a Planning and Development department). Following complete reviews of Foresting and Snow Removal services, a decision should be made by Year 2 as to whether these services, or components of these services should be outsourced. 2.1.5 Planning and Development Services Recommendations Create a Planning and Development department (R19) Move Climate Change from CAO to Planning and Development (R3) Move Crossing Guards from Planning to Public Works (R13) Move Building Services (CBO) from Engineering to Planning and Developm ent (R15) Move development approvals from Engineering to Planning and Development (R16) Create a formal Economic Development communication link between Planning and the Clarington Board of Trade (R20) Recommended Corporate Agenda The Planning and Development department will oversee all planning and development functions. This will include all planning projects, Building Services (CBO), development approvals, special projects (inclusive of climate change). Impact The creation of a Planning and Development department (expansion of roles and responsibilities of the current Planning department) will align all planning, building services and development approval functions with the goal of eliminating time and energy spent on following applications through various departments and to various stakeholders. Once this has been completed, a number of these processes may benefit from a process improvement review (see section 2.3 for further explanation). Some functions may be more appropriately placed in a different portfolio; consideration should be given to all non -core services that support the overall Planning and Development processes for the Municipality. Examples include recommended ownership of the annual growth trends revie w by the Building Services portfolio and the inclusion of Realty services as a formal responsibility of the department. Page 95 Municipality of Clarington Organizational Structure Review 16 The Planning department has a strong understanding and knowledge of current and future development projects within the Municipality. Our findings highlighted a need for a formal communication channel between the Clarington Board of Trade (CBOT) and the Municipality to share knowledge and ensure alignment. Our recommendation is that a formal communication link (formal meeting, working group or advisory committee) is created between Planning and Development and CBOT. The Special Projects team is comprised of individuals who leverage knowledge and resources across the organization to move unique opportunities forward. There is strong align ment with the planning project methodology, and keeping these teams together allows them to leverage experience and expertise. Moving the Climate Change Coordinator to the Planning and Development department will allow more knowledge/methodology sharing, alignment on initiatives and alignment on functions. There are distinct links and need for information sharing between the Planning and Development department and the Clarington Board of Trade, who is responsible for the Municipality’s economic development. Our recommendation is that a formal communication process between this Municipality and CBOT be created via the Planning and Development department so that priorities and projects can be aligned and information shared on regular basis. Please see section 2.6 for further discussion on this recommendation. Timeline The creation of a Planning and Development department will be dependent on the appointment of a Director for the department; the Development department is currently overseen by an Acting Director. Realignment of the Crossing Guards, Climate Change Coordinator and Development Managers to Planning and Development can occur in Year 1, or immediately following the department’s creation. Moving the Building Services (CBO) team represents a larger change in personnel and may require more logistical planning; as such this may be a Year 2 implementation. The creation of a formal communication process with CBOT should commence in Year 1, in a flexible modality that allows individuals from other departments to be added to the group where needed. 2.1.6 Community Services Recommendations Move Tourism from CAO to Community Services (R2) Move Accessibility Coordinator from Clerk to Community Services (R6) Move all Facility and Park Design, Construction and Maintenance to Public Works (R12) Move field booking from Operations to Community Services (R14) Move Cemetery administration from Clerk's to Community Services (R21) Recommended Corporate Agenda The Community Services department will be responsible for the delivery of community facing services, including indoor and outdoor recreational programs and services, tourism and cemetery services. Page 96 Municipality of Clarington Organizational Structure Review 17 Impact All facility and park design, maintenance and construction will be under the Public Works department, and all field, park and facility booking (including cemetery services) will be owned by Community Services. Realigning these operational and administrative functions will allow more focus within each department and achieve efficiencies by way of role specialization and reduction of duplications. The Municipality has initiated a project to build a new recreation facility in south Bowmanville. The Community Services department has invested a significant amount of time and effort into the design and planning for this new recreation facility. Community Services has overseen all past recreation facility construction. If the grant funding is successful and the project advances, this construction project would need to be factored into the implementation plan for the organization restructuring. Community Services has a strong customer service team who has strong relationships with external partners and residents. Moving the role and position of Cemetery administration to Community Services will further align like roles and allow synergies between processes and best practices. This will also present opportunities for shared tasks between roles as needed to respond to demand and/or cover leaves. Moving the Tourism team will present an opportunity for alignment with and leveraging of the community facing services that the Municipality delivers. This will also provide the Tourism team with a larger support within the Municipality. Accessibility has an important role within the Community Services department, including compliance, training and being an advocate for. In an effort to align roles and responsibilities with functional structures (i.e. practical application of), consideration should be given to placing this role within the Community Services department. As these functions are realigned, there will be o pportunities to further align and automate aspects of the booking processes, as further described in section 2.4. Timeline These are all recommendations that could occur within the next year, however, as they involve the movement of roles and the people who perform them, timing will depend on the availability of space and overall capacity for change (dependent on implementation of other recommendations) in each department. 2.1.7 Emergency and Fire Services Recommendations External review of Emergency and Fire Services (R22) The fire department provides fire prevention, suppression and education to the Municipality. The service delivery model, composition and management of this department is outside of the scope of this review. Based on our findings, our recommen dation is that an external review of the fire Page 97 Municipality of Clarington Organizational Structure Review 18 suppression service delivery model (i.e. number and composition of staffing, number of firefighters per truck on calls) be completed. 2.2 Human Capital Management Recommendations Formalize process for Performance Evaluation (R23) Create role for training in house (R24) Formal HCM (leadership training, performance management) process (R25) Impact There is a positive correlation between morale and productivity when effective staff development programs are implemented. A formal position description and staff review process should be implemented. Staff that clearly understand their role and responsibilities have a greater sense of purpose and understanding of their respective work effort and contribution to their departmental performance. Where effectively implemented, higher levels of staff engagement are realized and overall individual and departmental performance improves. Where roles, responsibilities and objectives (MBO’s – Management By Objectives) are defined, space is created to have objective conversations regarding performance. A formal review process including one on one staff coaching where the practice of positive reinforcement, areas of development and performance against goals/metrics should be implemented. When formally deployed with a defined and consistent frequency, the success rate of desired habit s and behaviors are being adopted improves significantly and results in higher engagement scores and improved work effort performance. Effective training for all management is recommended in the areas of leadership, coaching, performance management and organizing/implementing a consistent staff review process. In addition to on-going informal coaching, in order to maximize performance improvement and desired change, the staff review process should be based on a formalized schedule including ongoing cadence. Overall, this initiative will improve management (Managers/Directors) productivity levels and enable management to be more effective in supporting and mentoring respective staff which in turn will lead to improvements in front line efficiency and performance. In addition to leadership, coaching and performance improvement skills development, it is recommended that management be trained on how to on -board a new hire. There should be a formal on-boarding and training program for all employees. The on-boarding and training program should be customized by department and function. For new hires, performance acceleration and engagement levels are realized much more rapidly when defined on-boarding procedures, agendas and training programs are implemented. Timeline The HCM related recommendations will take time to fully implement. However, there are items that can be implemented in part in conjunction with the restructuring. The overall HCM strategies outlined above should be formalized and introduced by the HR function within the Municipality. All departmental Directors and Senior Management will have the responsibility to then customize the program to satisfy the needs of each respective department (within formal parameters Page 98 Municipality of Clarington Organizational Structure Review 19 outlined by HR), launch the program and ensure the programs and format are monitored and adhered to. 2.3 Productivity & Process Improvement Recommendations Implement Key Performance Indicators (R26) Formalize support/processes for departmental and team level communication (R27) Review of department level structures (R28) Process improvement initiatives (lean methodology) (R29) Workflow automation (R30) Impact It is recommended that departmental key performance indicators be introduced to the Municipality, including productivity level metrics at all staff levels and service level metrics at staff levels where applicable. Where key performance indicators are implemented and measured accurately, an increase in functional, departmental or overall organizational performance is realized. Service level and productivity level metrics are typically included within Key Performance Indicators. Service level metrics typically speak to performance, (turnaround time/response time, accuracy) while productivity level metrics speak to efficiencies and c ost savings opportunities (# of units processed per FTE/shift). In an effort to maintain service level performance for the constituents of the Municipality of Clarington with the objective of achieving efficiencies and resulting cost savings, it is important to measure both service and productivity level performance. This introduction of Key Performance Indicators (KPIs) should begin with the Human Capital Management function. As per our recommendations reported in section 2.2, KPIs should be included as part of the on-boarding and training process. This sets behavioral and performance expectations of the respective role. Clearly defined and documented KPIs act as a reference point during performance evaluation events and on-going coaching. It is recommended that KPI’s aggregate up to management, director and department levels. Management has the responsibility to report on the KPI’s, achieve KPI targets and manage departmental performance accordingly and within HR guidelines. Based on industry experience and best practices across multiple public and private sector verticals, where key performance indicators are implemented, service level improvements and efficiencies/cost savings are realized. In alignment with the proposed organizational structural changes, it is recommended that a base set of KPIs are implemented at the departmental and staff levels. This will work to establish a baseline to measure performance as a result of the structural changes, provide visibility into staff/functional/departmental performance and identify opportunities for improvement over time. It is recommended that a formal top down and bottom up reporting and communication structure is implemented. Bottom up reporting, on a weekly and eventual da ily basis, would include the Page 99 Municipality of Clarington Organizational Structure Review 20 capture of KPIs and justification for performance (what worked well and areas to improve). From a top down reporting and communication perspective, in addition to structural, HCM and strategic changes occurring within the department and/or at the overall Organizational level, considered appropriate to be shared that are intended to be shared with staff members, it is our recommendation that the top down reporting and communication patter occur on a monthly basis at minimum and should include recent departmental KPI performance, targets and recognition. Through KPI performance visibility, the recommended structural changes, including reporting structures, titles and functional alignments can be further adjusted based on quantifiable justification and measured performance. Through the structural realignment, the elimination of functional duplication will be realized, resu lting in short term productivity gains. Areas of potential short term cost savings will be through attrition and reduction of overtime hours (see appendix A). Idea that measuring the effect of current versus future scheduling (hours) could be examined and altered to allow flex hours to accommodate evening activities/events. In addition to potential short term gains, KPI’s will measure the effect of optimized interdepartmental communication where the structural recommendations are implemented. While technology and automation introduce the opportunity for improved governance and controls, there are measured productivity gains realized by departmental functions impacted by workflow automation. Further, through visibility of information (managing resources, work orders, service performance), management becomes much more efficient and can make confident and timely management decisions based on accurately reported data. The Municipality should take a close look at approaches to centralizing and storing data to create efficiencies, data insights and transparency. Potential quick wins can be identified (for example with data entry, scanning and shared access to documents and data) to larger, strategic initiatives (for example around electronic processes or a central repository of data). In conjunction with looking at technology, training in best practice process methodo logies is recommended. There are currently a number of staff at the Municipality who are certified or are undergoing the training for certification in lean methodologies. There is a clear opportunity to formalize process improvement across the organization and to leverage this newly trained expertise as it will help to identify, lead and support process improvement initiatives. Our findings identified a number of procedures that may likely benefit from a formal process improvement discipline where streamlining workflow and responsibilities will optimize performance, including:  Land and property development approval procedures  Purchase Order and Invoice approval workflows  Responding to constituent inquires  Contracts Timeline At a high level, these are strategic recommendations that will be implemented over several years . There are quick wins identified and there are longer term gains which will be dependent up effective change management execution including leadership, effective communication, training Page 100 Municipality of Clarington Organizational Structure Review 21 and staff development and adoption. We outline below a phase d approach to deliver the results over time. 2.4 Customer Service Recommendations Create centralized Customer Service (R10) Impact A centralized approach to a Customer Service division will create a single point of contact for constituent inquiries. Customer service representatives will have a repository of answers to frequently asked questions, guides for common request and set processes for directing questions and/or gathering information (i.e. from departments). Aligning the customer service functions will help to reduce the confusion caused by the differences in resident -facing processes between departments and the lack of clarity around roles and responsibilities pertaining to points of contact and provision of services to residents and external organizations. This model will leverage the skill and expertise of a dedicated customer service team so that all departments benefit from the support and processes this team will provide. Additionally, where possible and practical, the Municipality should consider options for electronic submissions, bookings and payments. For example, the Community Services department will have oversight for both indoor/recreational program bookings and outdo or fields/spaces. We encourage that these processes are consolidated and that the Active Net system currently used for indoor/recreational programs be fully leveraged. Benefits of a centralized approach to customer service include:  Single location and point of contact for inquiries  Standardization of processes and responses to inquiries  FAQ and guides for common concerns/inquires (resulting in a potential reduction of inquires)  Centralized payment model for municipal services (i.e. taxes, permits) Although specific transactional services such as booking spaces and paying taxes will still be managed by the individual departments, residents will have a single location to come for assistance with processes, answers to frequently asked questions and options to make payments. Customer service representatives ideally would be able to assist with most processes and general inquires; where required, they would be responsible for either making an inquiry with a department and providing the information to the resident or connecting the resident to the appropriate departmental contact. Timeline The creation of a centralized Customer Service division will be a strategic initiative that involves dedicated planning, investment of time and resources and change management. An analysis of infrastructural and technology requirements is needed to fully scope out the timeline and cost. It is not expected that this work would be started until year 2; cost savings from increased Page 101 Municipality of Clarington Organizational Structure Review 22 productivity will not be realized until the centralized customer service model is fully implemented and active. 2.5 Economic Development Recommendations Formalize communication process between Clarington and CBOT (R20) Context Local economic development services can be provided by an internal (municipal model) or an external (not-for-profit Corporation) model. Key attributes of each model are listed below in table 2.0. The majority of peer Municipalities manage Economic Development internally. Based on the stakeholder consultations, the external Economic Development service delivery model (CBOT) used in Clarington there is an opportunity to improve communication with the Municipality. This would promote alignment on projects and priorities and knowledge/information sharing, especially in terms of land and demographic data. The goal of both internal and external economic development offices is to provide strategic direction and support for economic development and a link to the private sector. This often involves commercial development, downtown renewal, tourism and community development. Functions of the economic development office may vary depending on the size and characteristics of the municipality, but typically include:  Strategic economic planning  Forecasting infrastructure/development  Retaining/Growing local business  Supporting small businesses/investors  Attracting new investors and entrepreneurs (both local and foreign)  Supporting public relations for the community  Participating in downtown revitalization  Enhancing trade opportunities for local entrepreneurs  Advocacy Although the reporting structures are different, common to both internal and external models is the presence of an advisory committee. The economic development office should have ties to both the business community and municipal council or administration. Page 102 Municipality of Clarington Organizational Structure Review 23 Table 2.0: Key Attributes of Internal and External Economic Development Service Delivery Models234 Internal Service Delivery Model External Service Delivery Model Structure  Municipal department/staff members that report through the administration to municipal council  Stand-alone department or may be integrated with another department (such as a planning department)  Not-for-profit corporation that is governed by a board of directors  Autonomy provides the ability to operate with a minimum of bureaucracy Focus  Economic development strategic plans can be more directly integrated with other municipal strategic plans  Increased collaboration between departments and economic development staff  Greater involvement in communications and marketing  More closely aligned with business and industry  Can be a competitive advocate on behalf of an investors/developers to ensure the municipal functions such as planning and engineering are being proactive and responsive  Representation of a number of groups or interests Ad ministration and Policy  Provides efficiencies in administration through integration with council meetings, singe set of books/accounting  Policy and direction are streamlined and municipal protocols can be adopted regarding committees and appointments  May be held more accountable than external organizations  One step removed from the municipal administration  Working practices are more closely aligned with the private sector than those of the public sector  Hours of work can be adjusted to match those of the private sector  Ability to carry forward surplus or deficits from year to year Funding  Funded by municipality  Potential for more sustainable wages, benefits, and pensions can help attract and retain skilled staff  The board of directors is accountable to obtain funding; most of this funding is generally from the municipality 2 Thompson, S. (2010). Delivery models of local economic development: An analysis of internal and external models in Ontario. Papers in Canadian Economic Development, Vol. 12. 3 Blais, P. & Redden, A. (2009). Investing in economic development: Important key indicators municipalities should assess. Municipal World. 4 Government of Ontario. (2012). Economic Development Case Study Handbook. http://www.ontla.on.ca/library/repository/mon/26008/313532.pdf Page 103 Municipality of Clarington Organizational Structure Review 24 Internal Service Delivery Model External Service Delivery Model  Access to some funding sources (i.e. grants) that may not be available to municipalities Access to Expertise & Information  Direct access to established municipal services including human resources, finance, geographic information systems  Access to municipal land and demographic data  Increased presence of outside expertise  Stakeholders may be more likely to get involved and assist an external economic development 3.0 Cost Savings The restructuring cost savings are calculated based on the salary costs of any vacant positions that will be removed. These are either vacant positions that were created by a combination of recent retirements and structural reorganization (i.e. Operations and Engineering coming together under a single director). The low and high values are an estimated cost savings based on the salary range of the position. The asterisked (*) values are low estimates for positions whose salaries/wages are not listed on the Municipality of Clarington’s Grids For Distribution. The cost savings for i) Productivity and Key Performance Indicators (KPI), ii) Collaboration and Communication and iii) Human Capital and Performance Management were calculated based on a percentage of the salary/wages (FT and PT) of the staff who would be impacted by these changes, exclusive of senior management (directors or director-level and managers). These values are from the salary, wages and associated costs included in the 2019 departmental budgets. The cost savings ranges for each area are explained below. We assume productivity to be equivalent to cost savings (i.e., doing more with less cost). i. Cost savings ranging from 5% to 10% are possible through productivity improvements and the implementation of KPIs. This is a conservative calculation based on industry knowledge, case studies and published reports. Productivity gains can be achieved through a number of improvements, including: streamlining processes, clarifying roles and responsibilities, increasing engagement and improving communication. The implementation of KPIs is known to promote productivity, accountability, communication and focus. Studies show that municipalities who have implemented KPIs have realized productivity gains, stimulated creativity and engagement and improved budget processes (insight into expected and delivered service levels, realistic costs and benefits).5 ii. Cost savings ranging from 4% to 10% are achievable through further collaboration and enhanced communications. Quality and engagement of human resources is a key contributor to organizational growth and sustainability. According to a Gallup 2016 study6, 5 Government Finance Officers Association. Performance Management: Using Performance Measurement for Decision Making, Approved 2007. http://www.gfoa.org/downloads/budgetperfmanagement.pdf 6 Gallup (2016). The Relationship Between Engagement at Work and Organizational Outcomes. 2016 Q12 Meta-Analysis: Ninth Edition Page 104 Municipality of Clarington Organizational Structure Review 25 organizations can achieve up to 17% increased productivity from improved employee engagement and communication (from a bottom quartile engagement ranking to a top quartile ranking, 5.6% improvement per quartile). Based on the feedback collected from internal stakeholders and the observations of our assessment, the Municipality would be placed at a middle level of engagement (high second quartile or low third quartile) and could consequently realize up to 11.3% improvement. A that a lack of engagement in the workforce cost organizations 5-6% productivity. iii. Cost savings ranging from 8% to 10% are achievable through formal Human Capital Management (HCM) and Performance Management processes. A second Gallup study7 found an 8% to 18% improvement in perf ormance (including productivity and sales data) when performance evaluations, formal feedback processes and developmental coaching were implemented. The implementation of workflow automation software and tools has been shown to reduce cycle times, streamline processes and ultimately reduce overall workflow costs by up to 30%8. Moreover, a recent automation report (2020 In(Sight) Report9) found that 53% of employees surveyed could save up to 2 hours a day through automation and that 78% of business leaders could free up to 3 hours a day. Of note, on top of the estimated 15% - 25% will be savings associated with the increase in accuracy, accountability and job satisfaction that is normally experienced through automation. Specialized services that require specific knowledge and expertise may be more appropriately delivered by an external provider. Outsourcing of specialized services will achieve cost savings by way of the efficiencies that a specialized service provider can achieve, the reduced need for training and/or certification to deliver these services and the ability to focus these efforts elsewhere. Based on industry experience, cost savings of at least 25% are generally achieved. Table 3.0 includes the figures that we could estimate cost savings for. Additional savings will occur through implementation of overarching recommendations. Note: Grant Thornton does not assume responsibility for, or provide any guarantee of achieving, any dollar estimates of cost savings. 7 Gallup (2017). Re-Engineering Performance Management 8 Integrify (2019). Business Process Management Software. https://www.integrify.com/business-process-management/ 9 WorkMarket (2019). 2020 In(Sight) Report. http://images.adpinfo.com/Web/ADPEmployerServices/%7B085dfeb6-e471-4e88-b8fb- dc0b2b9b2b07%7D_2020-In(Sight)-Report.pdf Page 105 Municipality of Clarington Organizational Structure Review 26 Table 3.0: Cost Savings Recommendation Areas of Impact Restructuring Productivity Collaboration and Communication Human Capital & Performance Management Workflow Automation Outsour cing Low $* High $* 5% 10% 4% 10% 8% 10% 15% 25% 25% Total Low ($) Total High ($) 1 Combine Office of the CAO with Mayor and Council administrative support to form Executive Services $100,000 $120,000 $49,911 $62,389 149,911 182,389 2 Move Tourism from CAO to Community Services $10,635 $21,269 $8,508 $21,269 19,142 42,538 3 Move Climate Change from CAO to Planning and Development $2,500* $5,000* $2,000* $5,000* 4,500 10,000 4 Add Legal to Corporate Services department $17,166 $34,331 $13,732 $34,331 30,898 68,662 5 Add Clerk to Corporate Services department $53,702 $107,404 $42,961 $107,404 $85,923 $107,404 182,586 322,211 6 Move Accessibility Coordinator from Clerk to Community Services $3,950 $7,900 $3,160 $7,900 7,110 15,800 7 Move volunteer oversight from Community Services to HR $2,500 $5,000 $2,000 $5,000 4,500 10,000 8 Outsource Animal Services $159,190 159,190 159,190 9 Move Purchasing from Corporate Services to Finance $24,900 $49,800 $19,920 $49,800 $74,700 $124,500 119,520 224,100 Page 106 Municipality of Clarington Organizational Structure Review 27 Recommendation Areas of Impact Restructuring Productivity Collaboration and Communication Human Capital & Performance Management Workflow Automation Outsour cing Low $* High $* 5% 10% 4% 10% 8% 10% 15% 25% 25% Total Low ($) Total High ($) 10 Create centralized Customer Service $45,000 $75,000 45,000 75,000 11 Create a Public Works department $360,000 $440,000 $360,625 $721,250 $288,500 $721,250 $577,000 $721,250 1,586,125 2,603,751 13 Move Crossing Guards from Planning to Public Works $21,896 $43,792 $17,517 $43,792 39,413 87,584 14 Move field booking from Operations to Community Services $7,500 $15,000 $6,000 $15,000 13,500 30,000 15 Move Building Services (CBO) from Engineering to Planning and Development $57,559 $115,118 $46,047 $115,118 103,606 230,235 16 Move development approvals from Engineering to Planning and Development $14,300 $28,600 $11,440 $28,600 $42,900 $71,500 68,640 128,700 21 Move Cemetery administration from Clerk's to Community Services $2,500* $5,000* $2,000* $5,000* 4,500 10,000 Totals ($) 460,000 560,000 579,732 1,159,464 463,785 1,159,464 712,834 891,043 162,600 271,000 159,190 2,538,141 4,200,160 *Where applicable, dollar values expressed above do not include employee benefits Page 107 Municipality of Clarington Organizational Structure Review 28 4.0 Implementation 4.1 Proposed Organizational Chart Figure 2.0 provides an overview of the proposed organizational chart for the Municipality of Clarington based on the recommendations outlined in section 2.0 of this report. Note: FTE’s per department are not included as total count of employees per role/team is unknown. Figure 2.0: Proposed Municipality of Clarington Organizational Chart Executive Services Facility & Park Design, Maintenance and Construction Traffic Engineering (all design and construction) Operations (all maintenance) Legal Information Technology Tax Accounting Budget Purchasing Internal Audit Financial Services Public Works Mayor Council CAO Corporate Policy Communications Office Co-ordinators Administration: Records, By- Law, Administration, Customer Service Capital Asset Management Long Term Planning Cemetery Development Approvals Building Services (CBO) Realty HR Payroll Clerk Corporate Services Planning projects Community Services Administration of Indoor and Outdoor Recreational Facilities Emergency Planning Special Projects Climate Change Accessibility Council Admin Assistant Emergency and Fire Services Emergency Response & Suppression Prevention Education Recreational Programs Tourism Planning and Development Page 108 Municipality of Clarington Organizational Structure Review 29 4.2 Phased Implementation Table 4.0: High Level Phasing of Implementation Recommendation Phased Implementation Year 1 Year 2-3 Year 4-5 1 Combine Office of the CAO with Mayor and Council administrative support to form Executive Services  2 Move Tourism from CAO to Community Services  3 Move Climate Change from CAO to Planning and Development  4 Add Legal to Corporate Services department 5 Add Clerk to Corporate Services department  6 Move Accessibility Coordinator from Clerk to Community Services  7 Move oversight of Volunteers from Community Services to Human Resources 8 Outsource Animal Services 9 Move Purchasing from Corporate Services to Finance  10 Create centralized Customer Service  11 Create a Public Works department  12 Move all Facility and Park Design, Maintenance and Construction to Public Works  13 Move Crossing Guards from Planning to Public Works  14 Move field booking from Operations to Community Services  15 Move Building Services (CBO) from Engineering to Planning and Development   16 Move Development Approvals from Engineering to Planning and Development  17 Possible Outsourcing of Forestry  18 Review of Snow Removal  19 Create a Planning and Development department  20 Create formal Economic Development communication link between Planning and Clarington Board of Trade  21 Move Cemetery administration from Clerk's to Community Services  22 External review of Emergency and Fire Services  23 Formalize/create process for performance evaluation 24 Create role for training in house  25 Formal Human Capital Management (leadership training, performance management) process  26 Implement Key Performance Indicators  27 Formalize support/processes for departmental and team level communication  28 Review of department level structure 29 Process improvement initiatives (lean methodology) 30 Workflow automation  Page 109 Municipality of Clarington Organizational Structure Review 30 4.3 Phased Cost Savings Table 5.0 presents an estimated timeline for when cost savings will be realized. Please note that there may be different timelines for the implementation and when cost savings will be realized. Table 5.0: Estimated Cost Saving According to Phased Implementation Recommendation Phased Cost Savings Year 1 Year 2-3 Year 4-5 1 Combine Office of the CAO with Mayor and Council administrative support to form Executive Services $100,000 2 Move Tourism from CAO to Community Services $6,380 $12,760 3 Move Climate Change from CAO to Planning and Development $4,500 4 Add Legal to Corporate Services department $15,449 $15,449 5 Add Clerk to Corporate Services department $19,333 $81,626 $81,626 6 Move Accessibility Coordinator from Clerk to Community Services $7,110 7 Move volunteer oversight from Community Services to HR $4,500 8 Outsource Animal Services $159,190 9 Move Purchasing from Corporate Services to Finance $39,840 $79,680 10 Create centralized Customer Service $45,000 11 Create a Public Works department (including R12, realignment between operations and engineering) $360,000 $613,062 $613,062 13 Move Crossing Guards from Planning to Public Works $39,413 14 Move field booking from Operations to Community Services $13,500 15 Move Building Services (CBO) from Engineering to Planning and Development $103,606 16 Move Development Approvals from Engineering to Planning and Development $68,640 21 Move Cemetery administration from Clerk's to Community Services $4,500 24 Create capacity/role for training in house There will be cost savings associated with these, but depending on the scale of implementation, ranges are difficult to estimate. Some of these cost savings for specific processes are captured above. 25 Formal Human Capital Management (leadership training, performance management) process 26 Implement Key Performance Indicators 27 Formalize support/processes for departmental and team level communication 28 Review of department level structure 29 Process improvement initiatives (lean methodology) 30 Workflow automation Total $548,053 $1,185,036 $755,137 Page 110 Municipality of Clarington Organizational Structure Review 31 4.4 Strategic Execution The success of this review will be in the implementation and strategic execution of these recommendations. The measure of success will be in the amount of productivity and engagement that is gained, reflected in total cost savings achieved. There are many skills, tools and processes that connect strategy with successful strategic execution. Three areas that together lead to successful strategic execution are formal process for: i. Change management – Central to the change will be championship from senior leadership. In addition, the creation of a steering committee to support and guide a project/change manager, properly resourced and with clearly defined authority and responsibility for outcomes will contribute significantly to success. ii. Project management – The Municipality should consider assigning a designated project manager tasked with facilitating effective strategic execution across all areas of the Municipality. This will allow for focus and management of the processes, tools, and activities needed to complete a project change activities. Moreover, departments can be held accountable for processes leading to more effective communication and control. iii. Controls – Controls can include initiatives such as managing timelines, quality and budget. These inputs that manage the risk of failing on a project like budget or timeline for success (that include staying the course long enough and staying within projected completion timelines), decision process to change scope/timelines/budgets for projects that tie to vision/goals/intents. Figure 2.0: Moving Vision to Value Realization Finally, the most effective control in any change management undertaking is an excellent communication protocol. This protocol is driven by the stakeholder map and the milestones established by the steering committee. Defining what needs to be communicated and to whom, how frequently to seek feedback, and the communication periods an d milestones, drive accountability and buy-in, and reduce implementation risk. Page 111 Municipality of Clarington Organizational Structure Review 32 5.0 Appendices Appendix A: Overtime Wages Paid by Year and Department10 Appendix B: Current State Assessment and Benchmarking Summary Separate document attached. 10 Based on figures provided by the Municipality of Clarington $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $ S p e n t Department 2017 2018 2019 Page 112 Municipality of Clarington Organizational Structure Review Current State Assessment November 13, 2019 Attachment 2 to Report CAO-016-19 Page 113 Municipality of Clarington Organizational Structure Review 1 1.0 Report Overview 2 1.1 Authorship 2 1.2 Purpose 2 1.3 Background 2 1.4 Objectives 2 1.5 Approach 3 1.5.1 Consultations 3 1.5.2 Historical Reports, Budgets, Organizational Charts and Analysis 5 1.5.3 Benchmarking Survey 5 1.6 List of Themes for Further Analysis 6 2.0 Observations 7 2.1 Geography 7 2.2 Organizational Effectiveness & Structure 7 2.3 Technology 9 2.4 Quality and Process Management 10 2.5 Service Delivery 10 2.6 Communication 11 3.0 Benchmarking 17 3.1 Overall Survey Observations 17 3.2 Comparative Analysis 18 3.2.1 Survey responses 18 3.2.2 Organizational Structure 22 3.2.3 Service Delivery 30 3.2.4 High Level Budget Analysis 33 4.0 Appendices 37 Contents Page 114 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 2 1.1 Authorship This current state assessment is prepared by Grant Thornton LLP (Grant Thornton) for the Municipality of Clarington’s Organizational Structure Review project team. This report is based on information and documentation that was made available to Grant Thornton prior to the time of drafting the report. Much of the information was gathered from interviews with and documents provided by the Municipality of Clarington and members of its staff (see sections 1.5.1 and 1.5.2 for lists of interviews and documents). As such, Grant Thornton assumes no responsibility and makes no representations with respect to the accuracy or completeness of any information provided to us. We are not guarantors of the information that we have relied upon in preparing our report, and except as stated, we have not attempted to verify any of the underlying information or data contained in this report. It is understood and agreed that all decisions in connection with the information as presented in this report shall be the responsibility of, and be made by the Municipality of Clarington. 1.2 Purpose The purpose of this document is to provide a current state and benchmarking summary of the Municipality of Clarington’s Organizational Structure Review. A key purpose is to validate our understanding of the information gathered to date. Recommendations, including opportunities for improvement, are not highlighted in this document; these will follow subsequently in the final report stage of this project. This report is not to be used for any other purpose, and we specifically disclaim any responsibility for losses or damages incurred through use of this report for a purpose other than as described. 1.3 Background The Municipality last underwent an organizational structure review in 2000. After almost 20 years, in an effort to be in line with best practices, and as a result of the availability of the Audit and Accountability Fund, there is opportunity to identify areas to improve efficiency and effectiveness. Since the review in 2000, the Municipality’s population has grown over 35%. During this time, the Municipality has experienced senior level retirement and internal turnover, creating the opportunity for a complete and independent review. The Municipality of Clarington has received funding for this review from the Provincial Audit and Accountability Fund. The Province of Ontario is providing financial support to municipalities willing to engage a third party to find cost savings in the delivery and structure of municipal programs. 1.4 Objectives The organizational structure review is intended to improve the internal and external understanding of the organizational structure of the Municipality. The organizational structure review recommendations will include opportunities for improving efficiency 1.0 Report Overview Page 115 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 3 through modifications to the organizational structure while maintaining existing services and staffing levels. The outcome of this review is to ensure that the Municipality of Clarington’s organizational structure supports effective and efficient service delivery, administrative performance and sustainability, today and into the future. 1.5 Approach Grant Thornton conducted a current state assessment of the Municipality of Clarington’s organizational structure to understand and asses each department’s internal functional structure in addition to a comparative analysis of the organizational structures of similar municipalities. The internal analysis was comprised of consultations with key stakeholders, including: • Interviews with senior administration, Council and other stakeholders • Online survey for all Municipal staff • Review of background documentation • Preliminary overview of all departments to identify which functions merited further analysis (see table 1.0) Criteria that triggered further analysis have been categorized into themes (see section 1.6) and include indicators such as: • Functional ownership and task accountability • Duplication of efforts • Clarity of roles and responsibilities • Opportunities for process efficiencies • History of departmental consolidation • Service level considerations • Departmental expenditure as a percentage of the overall Municipal budget The comparative analysis included a benchmark survey of peer municipalities (see criteria in section 1.5.3) to gather insight into Municipal organizational structure and departmental budgets. The peer municipalities that were benchmarked are: Pickering, Chatham Kent, Whitby, Milton, Burlington and Kitchener. 1.5.1 Consultations Interviews were conducted with Municipality of Clarington employees, elected officials and the unions representing Municipal employees (internal and external) to gain an understanding of: • Intra-departmental functions and roles within each Municipal department and service. • Areas of particular value and opportunities for improvement. Page 116 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 4 • Inter-departmental procedures, effective working relationships and clarity of roles. • Performance measurements and alignment with defined roles and responsibilities. In collaboration with the Municipality of Clarington’s project team, a tailored interview guide was created for each stakeholder group (see appendix A). List of interview ees 1. Chief Administrative Officer 2. Acting Director of Community Services 3. Director of Finance 4. Manager of Internal Audit 5. Fire Chief 6. Director of Engineering 7. Assistant Director of Engineering (now Acting Director) 8. Development Manager (Engineering) 9. Director of Corporate Services 10. Director of Operations 11. Manager of Operations 12. Acting Director of Planning 13. Development Review Manager (Planning) 14. Solicitor 15. Municipal Clerk 16. CUPE President 17. Local 3139 President 18. Mayor 19. Ward 1 Councillor 20. Ward 2 Councillor 21. Ward 3 Councillor 22. Ward 4 Councillor 23. Ward 3 & 4 Regional Councillor 24. Executive Director of CBOT Page 117 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 5 Online survey of Municipality of Clarington staff The survey consisted of nine questions, including six open ended questions (see appendix B for survey questions). There were 128 confidential responses received over a three week period with representation from each department (the findings from these responses are incorporated into the observations in section 2.0). 1.5.2 Historical Reports, Budgets, Organizational Charts and Analysis The following documents were provided by the Municipality of Clarington and reviewed by our team: • 2019 Municipality of Clarington Organizational Charts • 2019 Municipality of Clarington Departmental Budgets • 2018-2020 Grids for Distribution • 2018 Performance Management Review Template and Report on Exceptional Compensation Policy B8 Update • 2014 Report on Organizational Changes to Realize Cost Savings • 2000 Report on Organization Restructure • 2001 Report on New Organizational Structure Implementation and Related Personnel Matters • 2018 Report on Service Review of Animal Shelter Services • 2017 Report on Information Technology Strategic Plan (2017 – 2022) • 2018 Report on Tourism Service Delivery Review • 2015 Report on Tourism Service Delivery Consideration • Joint EcDev Team (JET) Proposed Terms of Reference (2016 Draft) • 2011 Report on Process Improvement Team Status • 2017 Report on Process Enhancement Project Progress Update • 2016 Clarington Board of Trade Contract Renewal Performance Measures (Addendum to Report) 1.5.3 Benchmarking Survey We conducted a municipal benchmarking survey (see appendix C) of six peer municipalities (Pickering, Chatham Kent, Whitby, Milton, Burlington and Kitchener) regarding their: • Organizational structure • Past organizational reviews and enhancements • Customer services models • Change management procedures Page 118 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 6 In collaboration with the Municipality of Clarington project team, peer municipalities were chosen based on objective criteria such as: population size, demographics, geography (size and characteristics) and growth rate. 1.6 List of Themes for Further Analysis Although this review is specific to the effectiveness of the organizational structure, the list of themes have been derived to categorize and assess the functional performance within the current state structure and will become critical factors contributing to the recommendations: • Functional alignment • Levels of management and their span of control • Service delivery for constituents • Clarity around roles and accountability • On boarding, training, performance and development • Succession planning and professional development • Long-term planning (financial, asset maintenance, planning/development) • Productivity and service level metrics • Communication (internal and external) • Resource utilization (Full time vs Part time) • Technology utilization Page 119 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 7 The sections below summarize our observations of the Municipality of Clarington’s organizational structure, based on our stakeholder consultations (interview and survey) and review of historical reports as outlined in section 1.5.2. Note: any observations made below may be expanded upon in our final report recommendations. 2.1 Geography The Municipality of Clarington is located along the eastern boundary of the Greater Toronto Area (GTA) and is one of eight Municipalities located in the Durham Region. The Municipality of Clarington covers approximately 612 km2 and has a road network of over 900 km, with close proximity to the 401 and 407. With four urban centers (Courtice, Bowmanville, Village of Newcastle and Orono) and 15 hamlets, the Municipality of Clarington is comprised of a mix of urban and rural communities. The resulting 8.8% growth rate (2011 – 2016) has demonstrated attraction and relocation efforts by commercial, industrial and residential. Observations: 1. The Municipality of Clarington has experienced significant growth in the past 5 years. With an influx in large organizations relocating, or planning to relocate, to the area, sizable workforce and infrastructure demands will be placed on the Municipality. As a result, there is sensitivity among stakeholders to ensure that the Municipality is prepared to scale and afford the provision of quality services. 2. Rural areas that present opportunities for development are constrained by not being on municipal water and/or sewer (i.e. Orono). 3. Land for urban development is limited. 4. Given the length and breadth of the road network (900km), there are challenges to drive operational efficiencies with respect to road maintenance, repair and surface cleaning. 2.2 Organizational Effectiveness & Structure There are approximately 900 employees at the Municipality of Clarington, including 243 unionized employees (CUPE and Local 3139). There are several upper level management staff who have been with the Municipality for over 20 years. However, a number of retirements are expected among the senior management over the next 3-5 years on top of several recent retirements. Currently, the senior management team is comprised of the CAO, 6 directors (Corporate Services, Operations, Treasurer, Solicitor, Fire Chief and Municipal Clerk) and 3 acting directors (Planning, Engineering and Community Services). 2.0 Observations Page 120 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 8 Observations: 1. Based on stakeholder consultations, the staff complement at the Municipality is considered to be a strength of the organization, both at management and frontline levels. 2. Perception of staff alignment challenges and potential understaffing. 3. There is an initiative underway to have staff trained and certified in lean methodologies. 4. There is significant experience and institutional knowledge within the departmental leadership. 5. As a result of the recent and upcoming retirements, there is potential opportunity for new leadership within senior management. 6. Both Municipal staff (all levels - based on stakeholder interviews and survey respondents) and Council members have indicated the importance of succession planning. Motivating factors include the benefits of capturing current state processes, knowledge transfer, effective leadership development and transition. 7. There is a global interest for formalized training and additional cross-training. 8. Consistent sentiment that staffing levels may not have kept up with population growth. 9. Perception of a high voluntary turnover of part time staff (community services and volunteer firefighters). 10. General sense that staff work well within their own respective departmental teams (see graph 1.0). 11. There are opportunities for improvement in the coordination and communication between departments. 12. General feeling is that the organizational management team is supportive of council and the constituents. 13. Internal and external feedback identified that the overall organization lacks clarity regarding roles and responsibilities, chain of command and accountability on issue resolution. 14. The Municipality currently has a flat organizational structure with a wide span of control. Within the departmental reporting structures, there are inconsistencies with respect to direct reporting ratios throughout the organization (Director, Treasurer, Municipal Clerk, Deputy, Manager, Supervisor, Coordinator, Lead Hands, Frontline Staff). As a result, there appears to be varying degrees of ownership and accountability at each respective level. 15. Historically, a number of functional roles were re-aligned to maintain the advantage of previous leadership strengths and effective working relationships. 16. Recently there has been some work at the departmental level in terms of organizational structure, but this has not yet occurred across or between departments. Page 121 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 9 17. There is a belief that many departments have gone through some form of positive structural change. It has also been identified that performance metrics and objectives were not implemented during each transition, preventing the ability to capture measurable results and drive continuous improvement. 18. Currently, overtime expenditures equal close to 0.99% of departmental budgets. Graph 1.0: Staff opinion on effectiveness of departmental organizational structure 2.3 Technology The Information Technology team at the Municipality of Clarington is staffed by 11 employees (including one GIS staff but not all GIS staff). Previous reports indicate that legacy applications, work-arounds, spreadsheet and paper-based manual processes no longer meet the needs of the Municipality. Increased demand for constituent services (as a result of population growth) and advancements in technologies (new and existing) create the opportunity to drive efficiencies in service delivery. Observations: 1. Staff indicated that they would benefit from new technology in the following ways: • Process automation – procurement, invoice approval and payment remittance • Work force automation – data entry/data capture • Process governance and controls • Central repository of data across all functional departments • Ability to track data and establish performance metrics 0% 10% 20% 30% 40% 50% 60% Extremely effective Very effective Somewhat effective Not so effective Not at all effective St a f f r e s p o n s e s Effectiveness Effectiveness of departmenal organizational structure Page 122 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 10 • Shifts in technology have been seen by some as a positive change and as an enabler for delivering quality service, for example the use of Active Net for booking recreational programs. 2. The Municipal Business System (MBS) project is currently underway and will be replacing the existing Land Development Office (LDO) software used by by-law enforcement. The new system will have added functionality for by-law and fire code enforcement (i.e. building permits and planning applications). Note: A technology assessment is not within the scope of this review. Observations are of the qualitative information stakeholders shared, and not the specific technology products, services or software used. 2.4 Quality and Process Management Note: The Municipality of Clarington does not utilize key performance indicators at the field level or management level, such as productivity and service level metrics. Observations: 1. There is a general interest in how to do things more efficiently. 2. Stakeholder input indicates quality services are being provided, however, they could be performed in a more efficient way. There is apparent duplication between departments, functions and procedures. 3. There is internal and external confusion as it relates to functional accountability over process ownership and uncertainty around roles and responsibilities. 4. Lack of documented roles and responsibilities and functional procedures. 5. There are no apparent productivity or service level metrics used to measure performance and assess workflow capacity and forecasted workforce growth, although there is interest at the departmental level to measure and track these indicators. 6. Solutions and improvements are often sought by individual departments without consultation for, or awareness of, similar needs in other departments. 2.5 Service Delivery The Municipality of Clarington currently uses a decentralized customer service model. Constituent inquiries are directed towards individual departments and payments (i.e. permits, fees, tickets, taxes) are processed within each individual department (mostly in person vs online). In order to book Municipal facilities, constituents are currently required to book on premise or, in some circumstances, over the phone. Observations: 1. The majority of employees believe that the Municipality delivers value to its residents (see graph 2.0). Page 123 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 11 2. Constituent engagement by the Municipality is considered responsive and effective once the appropriate department is sourced. 3. Differences in resident-facing processes cause confusion. There are inconsistencies in points of contact and provision of services to residents and external organizations. There is a lack of clarity around roles and responsibilities as they pertain to cross departmental questions and concerns. Councillors often receive complaints from residents about not being able to get answers or not being able to speak to/find the correct departmental contact for questions. 4. There are service delivery challenges as a result of the number, spread and uniqueness of communities (four urban centres, numerous rural communities). 5. Each resident is considered a single tax payer, however, support services are not structured with this in mind and residents must direct questions to multiple points of contact. 6. Overtime, the number of volunteers supporting community/recreational programs has decreased. As a result, the Municipality is faced with the additional pressure of providing these services by taking on the displaced volunteer workload. Graph 2.0: Staff Opinion – Value of Municipal Services 2.6 Communication The Municipality of Clarington has a centralized communication model. The communications team reports up to the CAO. The Communications and Tourism Manager has accountability for both portfolios and leads a communications team of six full time employees. This team supports corporate wide communication internally and is responsible for external communication. External communication includes press releases and public services announcements, meetings and notices posted to the Municipality of Clarington website and social media. This team manages the Municipality’s social media presence with Facebook and Twitter for both the Municipality 0% 10% 20% 30% 40% 50% 60% Excellent value Fair value Some value, but requires improvement Little value No value St a f f R e s p o n s e s Value Page 124 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 12 of Clarington and Tourism Clarington. The Municipality of Clarington also has a YouTube channel (used occasionally). Observations: 1. Frequent requests for formal inter and intra departmental communication processes and support were made throughout our consultations. 2. Within the capacity of the team, external communications (press releases and public service announcements) are considered timely and meaningful. 3. Staff feel that response content to constituents and the media could be improved. 4. Given the current and upcoming organizational changes, staff have identified a need for formal communication support. 5. Perceived gap in communication between the Municipality and both the Clarington Board of Trade 1 and community organizations. Table 1.0: Municipality of Clarington Current State Departmental Structure and Functions Department Functions Staff & Management Positions (2019 org chart) Inter- Departmental Functional Reliance Functional Realignment Considerations CAO • CAO duties • Communications and Tourism • Climate change • Corporate policy 12 (1 PT, 4 union) 1 manager, 1 specialist, 4 coordinators • Climate change (working with Special Projects) • Tourism (with CBOT/ externally) • Climate Change Clerks • Council/Committee Support • Municipal Elections • Animal Services • Municipal Law Enforcement • Parking Enforcement 29 (6PT, 16 union) 1 director, 1 deputy, 1 manager, 1 supervisor, 2 coordinators • Fire Services – open air fire by-law • Planning and engineering – permits • Legal: by laws • Operations – cemetery services • By-law • Animal services • Cemetery administration 1 Although this observation adds value and alludes to a communication gap between CBOT and the Municipality, detailed observations and recommendations regarding the viability of the economic development service delivery model are not in scope of this review. Page 125 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 13 Department Functions Staff & Management Positions (2019 org chart) Inter- Departmental Functional Reliance Functional Realignment Considerations • Records & Information Management • Licensing • Vital Statistics • Accessibility • Marriage Ceremonies • Cemetery Administration Community Services • Administration • Aquatic Facility Operations (programs and facility maintenance) • Arena Facility Operations (programs and facility maintenance) • Municipal Programs (recreation, programs and services for all ages) • Community Development • Municipal Construction (recreation facilities) • Community Grants (to support events and day-to-day operations of clubs/groups) • Older Adult Programs • Youth Liaison • Indoor Soccer Operations • Volunteer Management 412 (364 PT, 29 union) 1 acting director, 3 managers, 4 supervisors, 6 coordinators, 4 recreation programmers, 4 lead hands PT includes students • Admin functions between community services and operations • Operations – facility maintenance, admin functions i.e. booking, construction • Corporate – Purchasing division • Planning, engineering – construction • Clerks – accessibility • Libraries and other external organizations – community programs • Facility maintenance • Municipal construction Page 126 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 14 Department Functions Staff & Management Positions (2019 org chart) Inter- Departmental Functional Reliance Functional Realignment Considerations • Includes aspects of inclusion and accessibility Corporate Services • Human Resources • Payroll & Benefit Administration • Tenders/ Purchasing • Information Technology • Corporate Health & Safety 25 (10 union) 1 director, 3 managers, 1 ass. Manager, 4 supervisors, 1 coordinator • Finance department – purchasing • Community services – volunteers, onboarding of part time staff • All departments – IT projects, HR (training, negotiation) • Purchasing • Payroll • IT Fire and Emergency • Emergency Response • Emergency Planning • Fire Prevent. Public Education • Fire Suppression • Communications • Training 195 (125 are volunteer FF) 1 director (chief), 2 deputies, 4 platoon chiefs, 8 captains • Engineering – site plans and fire codes • HR – training and grievances/ negotiations • CAO – grievances/ negotiations Engineering • Right of Way Management • Capital Budgeting & Forecasting • Design and Construction • Park Development • Development Review/Municipal Servicing • Subdivision Construction Inspection • Transportation and Traffic 32 (22 union) 1 acting/ assistant director, 3 manager, 1 CBO 3 vacant – director, traffic technician, construction coordinator • Operations – sidewalks, crack sealing, catch basin, storm water and pond maintenance, road maintenance • Planning – development approvals, zoning • Clerks – By laws and permits • Building Services (CBO) • Development approvals • Traffic • Construction • Park maintenance Page 127 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 15 Department Functions Staff & Management Positions (2019 org chart) Inter- Departmental Functional Reliance Functional Realignment Considerations • Pavement Management • Building Permit and Inspection (CBO) Finance • Insurance • Risk Management • Investments and Banking • Financial Studies • Accounting • Tax billing and collections • Budget • Financial Reporting • Performance Measures • Internal Audit • Asset Management 23 (16 union) 1 director (treasurer), 1 deputy, 4 managers 1 vacant – policy analyst • CAO – Internal audit • Corporate services – purchasing • Internal audit Legal • Solicitor duties • Risk assessment • Contract review 2 1 solicitor 1 law clerk • Clerks – By laws • Purchasing (procurement) • Engineering and planning – contracts, realty series • Corporate, finance, planning – Pre- consultation, purchasing Operations • Road Maintenance • Fleet Maintenance (snow, fire and grass) • Parks Maintenance • Winter Snow Clearing Program • Parking Meter Maintenance 108 (5 PT, 32 students, 62 union) 1 director, 1 manager, 6 supervisors 6 vacant • Clerks – cemetery • Community services – booking spaces, maintenance around facilities • Booking/ administration of space • Road design, maintenance and construction • Park maintenance Page 128 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 16 Department Functions Staff & Management Positions (2019 org chart) Inter- Departmental Functional Reliance Functional Realignment Considerations • Sidewalk Maintenance Contract • Municipal Bldgs/Physical Plant • Streetlight Maintenance • Cemetery Operation • Municipal Construction • Engineering – road maintenance Winter snow clearing Planning • Planning policy • Development Approval • Community Development Initiatives • Geomatic Services • Real Estate • Environmental Assessments • Stewardship 66 (40 PT, 18 union) 1 acting director, 3 managers (1 acting), 2 principal planners PT are all crossing guards 1 vacant • Engineering – development approvals • Clerks – By law • Operations – construction • CBOT (external) – Economic development • Crossing guards • GIS • Real estate • Special Projects Page 129 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 17 3.1 Overall Survey Observations Six municipalities participated in the benchmarking survey. These municipalities were selected based on their demographics, known history of structural reorganization and location within Ontario in relation to the Greater Toronto Area (GTA). Key characteristics of the Municipality of Clarington were used to determine the grouping of benchmark cities. Key indicators included growth rate, size of road network and number of urban centres. The grouping of selected cities range in population from 96,000 to 230,000 with a geographic size (in km2) of 137 km to 2,458 km. Table 2.0 provides a summary of the characteristics for each municipality. Table 2.0: Overview of Municipalities City Population 2 Median Age2 Median Household Income2 Growth Rate (2011- 2016)3 Geography3 Rational / Key Characteristics Clarington 92,015 40.2 102,050 8.8% 611 km2 Growth rate, multiple city centers, urban, rural and lakeshore, east GTA, Durham region Pickering 91,771 41.4 107,549 3.4% 232 km2 Similar geographic (urban/rural), Durham region, similar population Chatham Kent 101,647 47.6 64,020 -2.0% 2,458 km2 Multiple city centers, urban and rural, similar population, but larger geography, Single Tier Milton 110,128 37.1 112,974 30.5% 363 km2 Urban and rural, near GTA Whitby 128,377 40.2 110,636 5.2% 147 km2 Similar geographic, Durham region and suggested as having some good practices 2 https://townfolio.co/ 3 https://www12.statcan.gc.ca/census-recensement/2016/dp-pd/prof/index.cfm?Lang=E 3.0 Benchmarking Page 130 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 18 City Population 2 Median Age2 Median Household Income2 Growth Rate (2011- 2016)3 Geography3 Rational / Key Characteristics Burlington 183,314 44.7 100,780 4.3% 186 km2 Near the GTA, significantly larger, comparison for how to organize items such as maintenance on a larger scale Kitchener 233,222 39.2 76,394 6.4% 137 km2 Works closely with neighboring cities, recently reviewed organizational structure 3.2 Comparative Analysis The benchmarking exercise compared the Municipality of Clarington’s organizational structure and budget to six peer organizations: Pickering, Chatham Kent, Milton, Whitby, Burlington and Kitchener. Although Clarington has the smallest relative population, they are statistically average in terms of geographic size, growth rate and median household income. 3.2.1 Survey responses Municipalities completed an 11 question survey (see appendix C). The written responses to the open-ended questions are summarized below (see table 3.0). Overall, the municipalities were supportive of this review and were available for follow- up questions. Municipalities who had current organizational structure diagrams (i.e. not currently undergoing reorganization) provided them (see appendix D). All organizations have recently undergone, or are currently undergoing, an organizational structure review. Key Observations: • The majority of municipalities have moved to consolidated models (with five to six departments) with the exception of Burlington (who has gone to a 13 department model). • Consistent across all municipalities is an explicit effort to ensure clarity of roles and departmental functions. Page 131 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 19 Table 3.0: Benchmark Survey Responses City High Level Org. Structure Date of Last Org. Review Recent Organizational Changes Customer Service Model Out of Scope Services they Provide Impactful Use of Technology Formal Change Management Processes Pickering 8 Departments with 7 Directors/1 CAO, 6 Division Heads, and 16 managers Ongoing, consistently reviewing to streamline Larger operations department (2016) HR separated from CAO (2018) Enhanced building services (city development) (2018) New security section in community services (2019) IT added 5 positions to grow tech abilities "One call to city hall" Centralized customer care section located at City Hall. They log and track all issues until completion, coordinate between residents and staff. Payments are made directly to finance. N/A Mitel phone system - includes instant messaging system SAP and Success Factors (new HRIS 2020) Updated Pickering website (more interactive and easy to find info) Active Net Change process in place, but not following a specific change methodology. Org changes are submitted through HR and approved by the CAO. Chatham Kent 5 departments 2016 Consolidated functions (based on 2016 review). Some structures were done to support professional development and succession planning Online or in one of the 7 Municipal offices Service Ontario Several theatres Confer- ence/ exhibition centre Short line rail New website to support community engagement Need to enhance high speed fiber optics before further IT developments Have a process, but not a single methodology. Communication is key, help team to understand the reasons for change Page 132 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 20 City High Level Org. Structure Date of Last Org. Review Recent Organizational Changes Customer Service Model Out of Scope Services they Provide Impactful Use of Technology Formal Change Management Processes Milton 5 Department, each headed by a Commissioner with 2 to 3 Directors below Last year, no action taken to date. Last change was 5 years ago Title changes from Director to Commissioner and some Managers to Directors. We are currently undergoing a phased service delivery review. Cashiers for tax and parking tickets Facilities for customer service for programs Milton Innovation Centre Mattamy National Cycling Centre No response No response Whitby Ideally 4 or 5 Currently undergoing Awaiting Provincial review, but in the midst of shifting to a model with fewer departments. Community services will cover all forward facing services (including most operations and fire). Engineering will move into planning and development. Facilities into corporate services Currently in the process of centralizing. Customer service will fall under legislative services (under CAO). This will include all customer service, including recreational services Marina, senior and youth program- ing, sustainab- ility division, downtown division Currently very outdated. Recent IT strategic plan identified 5 years of investments/ technology. Budgeting for new ERP (multiyear project) Also work in progress Page 133 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 21 City High Level Org. Structure Date of Last Org. Review Recent Organizational Changes Customer Service Model Out of Scope Services they Provide Impactful Use of Technology Formal Change Management Processes Burling- ton 13 Departments Recently, ongoing Currently reviewing leaf collection, fleet management, winter control and pro-building permit development approval process via A&A fund Centralized, service Burlington model. When needed CSR work directly with departments to resolve queries N/A No response. • Working towards formalized Prosci Change Management program. • Business Process Management methodology for process improvement reviews. • Design Thinking methodologies (Innovation in a Box tools) for supporting Innovation/ Continuous Improvement. Kitchener 5 departments with 5-6 divisions each 2017 2017 review resulted in change from 4 departments of 6-9 divisions plus a large Office of the CAO to 5 departments of 5 divisions Each department was designed with a clear corporate agenda. Corporate Customer services oversees contact centre for in-bound inquiries Revenue division in Finance receives bill payments N/A • LED streetlights • Associate staffing models (generalist staff) • Lean methodology to improve before technology Informal approach (effective) Page 134 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 22 3.2.2 Organizational Structure Table 4.0 provides a benchmark summary of the Municipal organizational structures and the functional roles of their departments. This table highlights the structure of the core services that each Municipality provides. Primary departmental functions that do not align with the listed departmental structure are indicated in italics. Note: Whitby is not included in this table as they are currently undergoing an organizational structure reorganization. Key observation: • The majority of the Municipalities have implemented an organizational structure where indirect services such as Clerks, Finance, Human Resources, Legal and Technology are reporting into another department. Table 4.0: Comparison of Municipal Organizational Structures and Departmental Functions Department Clarington Pickering Chatham Kent Milton Burlington Kitchener CAO Chief Administrative Office • Administration of the Corporation • Strategy Development • Communication and Tourism • Climate Change • Corporate Policy Office of the CAO • Customer Care • Economic Development • Public Affairs • Communication s Office of the CAO • Corporate Communication s • Partnership Development • Project Management Office • Strategic Planning Executive Services • Offices of the Mayor and CAO • Corporate Communicati ons and Marketing • Economic Development City Manager • Corporate Leadership • Management of the Corporation • Stewardship of the Municipality In Corporate Services Page 135 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 23 Department Clarington Pickering Chatham Kent Milton Burlington Kitchener Corporate Corporate Services • Human Resources • Payroll & Benefits • Administration • Tenders/Purch asing • Information Technology • Corporate Health & Safety Corporate Services Department • By-law • Enforcement Services (and animal services) • Information Technology • Legal Services • Legislative Services Corporate Services • Human Resources and Organizational Development • Municipal Governance/ Clerk • Customer Services Corporate Services • Finance and Accounting • Human Resources • Information Technology • Purchasing and Risk • Taxation and Assessment • Town Clerk Divided into departments below Corporate Services Department • Corporate Communications & Marketing • Human Resources • Legal • Legislated Services • Technology & Innovation Services • Office of Mayor & Council Legal Legal Services • Legal Advice and • Support • Risk Assessment • Contract Review In Corporate Services In Community Development N/A Legal • Preparing Contracts • Negotiating Development and Subdivision Agreements • Representation at Municipal Board and Courts In corporate services HR In corporate services Human Resources Department • Human Resources • Employee Services In Corporate Services In Corporate Services Human Resources • Attraction and Retention • Staff/Labour Relations • Employee Benefits In Corporate Services Page 136 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 24 Department Clarington Pickering Chatham Kent Milton Burlington Kitchener • Health and Safety • Pay Research • Staff Training and Development Clerk Clerk’s • Council/Commi ttee Support • Municipal Elections • Animal Services • Municipal Bylaw Enforcement • Parking Enforcement • Records & Information • Management • Licensing • Vital Statistics • Accessibility • Marriage Ceremonies • Cemetery Administration In Corporate Services (legislative) In Corporate Services In Corporate Services Clerks • Support for Council and Committees • Issuing Marriage • Licenses • Registering Deaths • Conducting Municipal Elections • Maintaining Corporate Records • Assessment Rolls and Bylaws • Commissioner of Oath • Community Relations Services In Corporate Services Finance Finance • Insurance • Risk Management Finance Department • Taxation • Accounting Finance Budgeting and IT In Corporate Services Finance • Financial and Accounting Financial Services Department • Accounting Page 137 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 25 Department Clarington Pickering Chatham Kent Milton Burlington Kitchener • Investments, Banking • Financial Studies • Accounting • Tax Billing, Collections • Budget • Financial Reporting • Performance Measures • Internal Audit • Asset Management • Internal Audit • Payroll • Supply & Services • Budget and Performance Management • Financial Services • Information Technology Management (and budgets) • Financial Reporting • Tenders and Purchasing • Collection of Taxes and other Revenues • Tax Certificates • Assessment review • Asset Management • Financial Planning • Revenue • Supply Services • SAP Business Solutions Information Technology In corporate services In Corporate Services In Finance In Corporate Services Information Technology • Hardware & Software Support • Business Application Management and Support • Security, Training and general Consulting • City Data Centres, Network, Internet Access, Email and Telephone Systems In Corporate Services Page 138 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 26 Department Clarington Pickering Chatham Kent Milton Burlington Kitchener Operations Operations • Road Maintenance • Fleet Maintenance • Parks Maintenance • Winter Snow Clearing Program • Parking Meter Maintenance • Sidewalk Maintenance (contract) • Municipal Bldgs/ Physical Plant • Streetlight Maintenance • Cemetery Operation In Community Services In Infrastructure and Engineering In Engineering Services Capital works • Environmental Issues • Policy Development • Green City Initiatives • Design and Construction of all Roads, Sidewalks, Parks, Open Spaces, Bridges and Sewers • Geomatics • Infrastructure Management • Engineering Reviews for Subdivisions, Site Plans and Re- zonings Parks and Recreation • Recreation and Culture Services • Parks • Facilities • Special Events • Recreation Centres Infrastructure Services Department • Facilities Management • Fleet • Kitchener Utilities • Operations – Environmental • Operations - Roads & Traffic Planning Planning • Planning policy • Development Approval • Community Development Initiatives • Geomatic Services • Real Estate In City Development In Community Development In Planning and Development In Development Services Page 139 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 27 Department Clarington Pickering Chatham Kent Milton Burlington Kitchener • Environmental Assessments • Stewardship (social and economic) • Recreational Programs City Building - Planning, Building and Culture • Permits (building, plumbing, heating, swimming pool, septic system, and signs) • Arts and Culture • By law Enforcement • Building Inspection • Building Codes • Business and Lottery Licensing • Plan/Planning policy • Rezoning, Subdivision, Condominium and Site Plan Applications Roads, Parks and Forestry • Maintenance of Streets, Developme- nt In Engineering City Development Department • Building Services (and permits) • Film Pickering • Planning and Design • Sustainability Community Development • Legal Services • Fire and Paramedic • Building Development Services • Planning Services • Economic Development Planning and Development • Policy Planning • Population Forecasting and Growth Projections • Heritage Planning • Urban Design • Zoning By- law • Development Applications • Building Services and Chief Building Official (inspections, zoning, plans, permits) Development Services Department • Building • Economic Development • Engineering • Planning • Transportation Services Page 140 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 28 Department Clarington Pickering Chatham Kent Milton Burlington Kitchener Community Community services • Aquatic Facility Operations • Arena Facility Operations • Municipal Programs • Community Development • Municipal Construction • Community Grants • Older Adult Programs • Youth Liaison • Indoor Soccer Operations • Volunteer Management Community Services • Cultural Services Facility Programs • Operations (facilities and public works) • Recreation Community Human Services • Public Library • Community Attraction and Leisure Services • Employment and Social Services (and child care) • Housing Services • Public Health (and LTC) • Senior Services Community services department • Arts and Culture • Community Programs • Facility Services (scheduling outdoor spaces, indoor maintenance , managing/de veloping civic buildings/pro perties) • Parks and Open Space (park development ) • Recreation Services Sidewalks, Parks, Playgrounds, Storm Sewers, and Creeks Snow Clearing • Forestry • Cemetery operations • City Sign Production • Fleet Services Transportation Services • Traffic Signal System • Traffic Services • Transportation Planning • Parking By-law Enforcement • Downtown Parking Burlington Transit: • Scheduling, Operations and Maintenance of Transit Vehicles Community Services Department • By-law Enforcement • Corporate Customer Service • Fire • Neighbourhood Programs and Services • Sport Engineering Engineering • Right of Way Management • Capital Budgeting & Forecasting Engineering Services Department • Capital Projects & Infrastructure • Transportation and Traffic Infrastructure and Engineering • Public Works (facilities including social housing assets, Engineering Services • Roads/Infras tructure Management • Traffic (data, lights, In Development Services Page 141 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 29 Department Clarington Pickering Chatham Kent Milton Burlington Kitchener • Design and Construction • Park Development • Development Review/ • Municipal Servicing Subdivision • Construction Inspection • Transportation and Traffic • Pavement Management • Building Permit and Inspection (CBO) • Water Resources & • Development Services (and Development Approvals) cemeteries and horticulture) • Drainage, Waste and Asset Management (all physical assets here) • Engineering and Transportation Services regulations, on street parking, crossing guards) • Roads and Parks • Maintenance and Operations • Development Engineering • Roadway Corridor Permits • Transit Fire Fire and Emergency Services • Emergency Response • Emergency Planning • Fire Prevention • Public Education • Fire Suppression • Communication s • Training Fire Services Department • Fire Prevention, Suppression and Education In Community Development This sits under Executive Services Milton Fire Department • Fire Prevention, Suppression and Education Fire Department • Fire Prevention and Suppression • Emergency and Rescue Services • Fire Prevention Education • Fire Safety Inspections In Community Services Page 142 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 30 3.2.3 Service Delivery Table 5.0 provides a summary of the departments responsible for specific services. For comparison purposes, this list of services was created based on our stakeholder consultations, review of background documentation and analysis of functional considerations at the Municipality of Clarington (see table 1.0). Key observations: • Three of the six peer municipalities manage Park Design, Construction and Maintenance under one department. • Clarington is only Municipality that requires the involvement of two separate departments to manage Park Construction. • Road Design, Construction and Maintenance functions are often consolidated under one department (Burlington and Clarington are the exception while Milton contracts out Road Construction). • Clarington is only Municipality that requires the involvement of two separate departments to manage Road Construction (urban and rural). • Procurement services are typically aligned the Finance department (Whitby and Clarington are the exception). • Economic Development and Tourism are predominantly managed internally by peer Municipalities (Burlington is the exception). Table 5.0: Comparison of the Departments Responsible for Delivery of Identified Services Service Clarington Pickering Chatham Kent Milton Whitby Burlington Kitchener Park design Engineering Community Services Infrastructure and Engineering Community Services Community Services Capital Works Infrastructure Services Park construction Engineering Community Services Infrastructure and Engineering Community Services Community Services Capital Works Infrastructure Services / External Park maintenance Operations (maintenanc e and Community Services Infrastructure and Engineering Engineering Services – Operations Public Works Roads, Parks & Forestry Infrastructure Services Page 143 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 31 Service Clarington Pickering Chatham Kent Milton Whitby Burlington Kitchener refurbishmen t) Cemetery services Clerks/ Operations N/A Infrastructure and Engineering Engineering Services - Operations External - Groveside Cemetery Board Roads, Parks & Forestry Infrastructure Services Road design Engineering Community Services Infrastructure and Engineering No response Public Works Capital Works Infrastructure Services / External Road construction Engineering Community Services Infrastructure and Engineering Project Managed- Contracted out Public Works Capital Works Infrastructure Services / External Road maintenance Operations Community Services Infrastructure and Engineering Engineering Services - Infrastructure Public Works Roads, Parks & Forestry Infrastructure Services Traffic coordination Engineering Engineering Services Infrastructure and Engineering Engineering Services – Operations Public Works Transportatio n Infrastructure Services and Development Services Development approvals Engineering Engineering Services Infrastructure and Engineering and Community Development Engineering Services – Infrastructure Planning (CBO) Community Planning Development Services Building services and permits (CBOs) Engineering City Development Community Development Engineering Services - Development Public Works Building & By-law Development Services Municipal permits/licen ses Clerks Community Services/ Corporate Services Planning & Development Legal and Enforcement Building & By-law Corporate services Page 144 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 32 Service Clarington Pickering Chatham Kent Milton Whitby Burlington Kitchener Corporate Services By-law enforcement Clerks Corporate Services Community Development Corporate Services Legal and Enforcement Building & By-law Community Services Human resources Corporate Services Human Resources Corporate Services Corporate Services – Legislative & Legal Services CAO Human Resources Corporate Services Payroll Corporate Services Finance Corporate Services Corporate Services – HR HR Finance Financial Services Purchasing/ procurement Corporate Services Finance Finance, budgeting and IT Services Corporate Services – Finance Corporate Services Finance Financial Services Tourism Office of the CAO - Communicati ons Office of the CAO Community Human Services *could move to Ec dev Corporate Services – Purchasing N/A (Durham) Separate Board - Tourism External Economic development External - CBOT Office of the CAO Community Development Executive Services CAO Separate Board – Burlington Economic Development Corporation Development Services Animal 4 Clerks Corporate services External - PAW Town Clerk (under Corporate) Legal Services Clerks External 4 Added based on external research by Grant Thornton after benchmark survey Page 145 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 33 3.2.4 High Level Budget Analysis A high level Municipal budget comparative analysis was completed to examine expenditure in relation to population size, geographic size (km2) and number of employees. Dollar values were taken from publically posted budget documents (see appendix E for reference list). Note: The illustrations below are meant for reference purposes only as there are inconsistent approaches to defining full time equivalent (FTE) staffing numbers (inclusion or exclusion of Part Time employees) and the allocation of expenditures (to departments vs levies or other). Key Observations: • Overall, Clarington has the smallest population (approx. 92,000 constituents in 2016) but second largest geographic area (611 km2) (see graph 3.0). • Looking at budgets normalized by population density (number of constituents per km2), the Municipality of Clarington spends approximately $907 per person/km2 (see graph 4.0), placing it on par with the average of these peer Municipalities (see points below). • Of the seven Municipalities (including Clarington), the budget per population density ranges between $640 per person/ km2 and $1630 per person/ km2. Chatham Kent skews the average, as it represents the highest value at $1630 per person/ km2. • Of the remaining five Municipalities (excluding Clarington and Chatham Kent) the average budget per population density is $908 per person/ km2. For reference purposes, a comparison of Municipal budget per km2, constituent and FTE and are included below (see graph 5.0 for km2, graph 6.0 for constituent and graph 7.0 for FTE on page 25). Note: Chatham Kent is a single tier municipality; their budget includes additional core services that are not included in lower tier municipal budgets. Page 146 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 34 Graph 3.0: Municipal Budgets 5 5 2019 budgets, except for Chatham Kent (2018 budget) 92,013 Consituents 611 km2 91,771 Consituents 232 km2 101,647 Consituents 2,458 km2 110,128 Consituents 363 km2 128,377 Consituents 147 km2 183,314 Consituents 186 km2 233,222 Consituents 137 km2 $0 $40,000,000 $80,000,000 $120,000,000 $160,000,000 $200,000,000 Clarington Pickering Chatham Kent Milton Whitby Burlington Kitchener Bu d g e t ( $ ) MunicipalityBudget Page 147 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 35 Graph 4.0: Municipal Budget5 by Population Density (constituent/km2) Graph 5.0: Municipal Budget5 per km2 5 2019 budgets, except for Chatham Kent (2018 budget) 0 200 400 600 800 1000 1200 1400 1600 1800 Clarington Pickering Chatham Kent Milton Whitby Burlington Kitchener Bu d g e t $ / P o p D e n s i t y Municipality Budget per consituent per km squared $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 Clarington Pickering Chatham Kent Milton Whitby Burlington Kitchener Bu d g e t $ Municipality Budget per km squared Page 148 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 36 Graph 6.0: Municipal Budget5 per Constituent Graph 7.0: Municipal Budget5 per FTE 5 2019 budgets, except for Chatham Kent (2018 budget) $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 Clarington Pickering Chatham Kent Milton Whitby Burlington Kitchener Bu d g e t $ Municipality Budget per consituent $0 $50,000 $100,000 $150,000 $200,000 $250,000 Clarington Pickering Chatham Kent Milton Whitby Burlington Kitchener Bu d g e t $ Municipality Budget per FTE Page 149 Current State Assessment and Benchmarking Municipality of Clarington Organizational Structure Review 37 Appendix A: Stakeholder interview questions Appendix B: Staff survey questions Appendix C: Benchmarking survey questions Appendix D: Benchmarking organizational Charts i. Pickering ii. Chatham Kent iii. Milton iv. Kitchener Appendix E: List of resources used in comparative analysis (benchmarking) 4.0 Appendices Page 150 © 2019 Grant Thornton International Ltd. All rights reserved. Https://www.grantthornton.ca/ Page 151 Appendix A: Stakeholder interview questions Page 152 Municipality of Clarington – Organizational Structure Review Interview Guide Organizational Structure Review What is the purpose of the interviews? The Municipality of Clarington has engaged Grant Thornton LLP to conduct a review of the organizational structure of departments and services. The purpose of the review is to improve the understanding of the organizational structure, and provide information for council and administration to make informed strategic choices regarding that structure. The review process will identify and recommend opportunities for improvements to the Municipality of Clarington, and recommend service delivery efficiencies that maintain existing levels and quality of services to the community. The purpose of the interviews in this context is to: • Use dialogue to establish trust with stakeholders in the review process; • Understand the functions of and roles within each municipal department and service; • Draw upon the insight and experience of internal stakeholders to illuminate areas of particular value, opportunities for improvement, and areas of particular sensitivity in the review; • Draw upon the insight and experience of internal stakeholders, to enrich, and provide alternative perspectives on, our external and benchmarking scans; and, • Draw upon the technical insights and familiarity with the operational realities of the Municipality’s departments and services, to ensure our insights and recommendations are realistic and actionable. Who will participate in the interviews? Municipality of Clarington employees, stakeholders, including the unions representing municipal employees, and elected officials. Other stakeholders may also be included at the discretion of the project team. Times and Location: to be determined. Please contact Tyler Merkley (email address below) or contact the Municipality, for more information. Individual interviews may last from 20 to 60 minutes. Group interviews (up to 6 people), if any, may last from 60 to 90 minutes. Confidentiality Grant Thornton LLP takes confidentiality and privacy seriously. It is also our experience the information provided by stakeholders is more reliable where people can speak in full confidence. All responses from participants, and all notes taken from interviews are retained by Grant Page 153 Thornton LLP for the period of the engagement, and are then destroyed. All responses are recorded anonymously and aggregated. We make every effort to ensure individual responses cannot be traced back to the people who made them. Further questions and feedback can be communicated in confidence to the Grant Thornton team by writing to the Project Manager, Tyler Merkley at tyler.merkley@ca.gt.com. Questions – Senior Administration 1. What departments and services can you speak to from personal experience where you have or have had a formal role? o Please describe the function and structure of the department/service and the function of your role. o Are there other departments/services that you interact with in your role? o Are there any functions that you feel are duplicated elsewhere? 2. From a value-add perspective, what are the strengths within your department or within the administration related to services, structure and process? o What in your estimation makes any of the above effective? 3. From your perspective, are there inefficiencies within your department or within the administration? o Looking at each of these in turn, are you able to articulate where/how costs could be reduced? o Are any of these programs, services, or processes redundant/duplicated (partially or completely)? o Is there an optimal way to achieve a more efficient use of resources? 4. In your experience, are there any gaps in the services the Municipality provides, or in the resources to deliver existing services? If so, which ones? Do you have insight into why those gaps might exist? 5. Are you aware of any innovative programs or alternate delivery models in other municipalities that we should look at? 6. Are you aware of any lack of clarity or uncertainty between departments about their work? o Are there any areas/processes within the Municipality that you find unclear? 7. Are there any individuals or groups we should engage, of whom we may not be aware, but who would give us valuable insight into a municipal service or process? 8. From your perspective, how can Clarington best support economic development? Page 154 Questions – Clarington Board of Trade and Office of Economic Development 1. Please describe the value and benefits of the services that CBOT provides. o What are the efficiencies/benefits of this program versus internal models that peer municipalities use? 2. What challenges and/or opportunities for improvement exist between CBOT and the Municipality? 3. Can you please describe the KPI’s that CBOT has with the Municipality? o At what frequency are these shared with the Municipality? Page 155 Questions – Unions 1. What is your sense of the communication and collaboration between the union and the Municipality? Are there opportunities for improvement? 2. From a value-add perspective, where are the greatest strengths within the corporation? o What in your estimation, makes these services or processes effective? 3. From your perspective, are there inefficiencies within the corporation? o Looking at each of these in turn, are you able to articulate where/how costs could be reduced or value increased for the same costs? o Are any of these programs, services, or processes redundant/duplicated (partially or completely)? o Is there an optimal way to achieve a more efficient use of resources? 4. In your experience, are there any gaps in the services the Municipality provides, or in the resources to deliver existing services? If so, which ones? Do you have insight into why those gaps might exist? 5. Are you aware of any innovative programs or alternate delivery models in other municipalities that we should look at? 6. Are there any individuals or groups we should engage, of whom we may not be aware, but who would give us valuable insight into a Municipal service or process? 7. From your perspective, how can Clarington best support economic development? Page 156 Questions – Councillors 1. What wards do you cover, or have you previously covered? o What success have you had during your time as a councillor? How has the organization been able to support these successes? o What are some of the challenges that you have faced within your ward or as a councillor? How has the organization contributed to/or worked with you/the ward to bring resolution to these challenges? 2. From a value-add perspective, what are the strengths within senior administration? 3. From your perspective, are there inefficiencies within the administration or within individual departments? a. Are any programs, services, or processes redundant/duplicated (partially or completely)? b. Is there an optimal way to achieve a more efficient use of resources? 4. In your experience, are there any gaps in the services the Municipality provides, or in the resources to deliver existing services? If so, which ones? Do you have insight into why those gaps might exist? 5. From your perspective, how can Clarington best support economic development? 6. Are you aware of any innovative programs or alternate delivery models in other municipalities that we should look at? 7. Are there any individuals or groups we should engage, of whom we may not be aware, but who would give us valuable insight into a Municipality service or process? 8. Are there any areas/processes within the Municipality that you find unclear? Page 157 Appendix B: Staff survey questions Page 158 Note to staff to introduce survey Hello all, I want to share some information about an exciting project that the Municipality is undertaking. We are working with an independent consultant (Grant Thornton LLP) to conduct a comprehensive review of the structure of our organization and how we deliver services. The Municipality last adjusted its corporate structure in 2000 when Gmail, Facebook and even the iPhone did not exist. Since then, our population has nearly doubled, and the nature and extent of the services offered by the Municipality has changed. Earlier this year, the Province announced that it would provide funding to municipalities willing to hire an independent expert to conduct a review to find cost savings in the delivery and structure of municipal programs and services. Clarington applied for the funding, and we were approved. Along with the grant, the Province has issued a list of guidelines. These guidelines make it clear that the review is intended to help municipalities “become more efficient and modernize service delivery while protecting front-line jobs”, and that the review cannot result in a reduction of front-line services. A key part of the consultants work will be interviewing the Mayor and Council as well as senior management. They are also very interested in hearing your thoughts on our internal structure and services - what works, what doesn’t and where we can improve. Please take the time to provide your input into this review by responding to a short survey (LINK). Please note that your responses will be confidential – only representatives from Grant Thornton LLP will read and consider them. The survey will only be open until October 10, 2019 because of the very short time period the Province has given us to complete the review. Once all the feedback is gathered, the consultants will prepare a report for Council’s consideration. It will contain data on best practices and include comparisons to other municipalities. The report will be a public document that will be accessible to everyone. Please feel free to contact me if you have any questions. Andy Page 159 Survey questions: 1. Which department do you work in? [Select from list] • CAO’s office • Clerk’s • Community Services • Corporate Services • Emergency and Fire Services • Engineering Services • Finance • Legal • Mayor’s Office • Operations 2. In your opinion, how effective is the organizational structure of your department? • Extremely effective • Very Effective • Somewhat effective • Not so effective • Not at all effective Please explain your answer. 3. Please describe your department’s strengths. 4. Where can your department improve? 5. In your opinion, does the municipality deliver value to our residents in terms of the services offered? • Excellent value • Fair value • Some value, but requires improvement • Little value • No value Please explain your answer. 6. In terms of our organizational structure, how can we provide our services more efficiently? 7. Please describe where interactions with other departments work well. 8. Please describe where interactions with other departments need improvement. 9. Do you have any other comments or observations that you believe will provide value to the report? Page 160 Appendix C: Benchmarking survey questions Page 161 Municipality of Clarington Organizational Structure Review Benchmarking Questionnaire Prepared by Grant Thornton on behalf of the Municipality of Clarington. Name: Organization: Background Grant Thornton LLP has been engaged by the Municipality of Clarington to undertake a comprehensive review of the organizational structure of departments and services. This engagement is driven by the Municipality’s interest in ensuring their organizational structure supports effective and efficient service delivery, administrative performance and sustainability, and in part, the availability of the Audit and Accountability Fund initiative of the Ontario government. The Municipality has requested a benchmark survey of municipalities regarding their organizational structure, processes and best practices pertaining to departmental roles and functions and change management. We would greatly appreciate your participation in this benchmarking questionnaire. In return for your participation, we are happy to provide you with a document containing the summarized, anonymous themes collected during this benchmarking process. We anticipate that the benchmarking process will require approximately 1 hour, depending on the availability of information within your organization. Included in this document are questions for your consideration. If you are able to participate in this benchmarking exercise please complete this form and return it to Grant Thornton, or let us know that you would prefer we schedule a telephone call with you to provide your responses. For our work, responses are required by October 15, 2019. We will be in contact with you shortly to confirm the successful delivery of the questionnaire and answer any questions you may have. Page 162 If you have any questions please do not hesitate to contact Beth Farnell at Grant Thornton at 416-360-2813 (Beth.Farnell@ca.gt.com) or Catherine Carr at the Municipality of Clarington at 905-623-3379 ext. 2606 (ccarr@clarington.net) Page 163 Introduction 1. Please describe your organizational structure by department. i.e., “5 departments with 20 managers.” If possible, please attach a copy of your organizational structure for reference. 2. Please describe the supervisory roles within each department and their respective responsibilities. 3. When did your organization last perform a review of your organizational structure? 4. Please describe any significant changes to organizational or departmental structures and/or procedures that have improved service delivery and efficiencies over the past 5 years? Page 164 Services 5. Please complete the table below based on your organizational structure, departmental functions and reporting relationships. Where needed, please make note of any adjustments to the service label and/or description to accurately reflect your organization. Please indicate if any of these services are split between departments, or are managed externally. Service Which department(s) is responsible for the delivery and management of this service? What are the strengths of this model? What are the challenges associated with delivering this service? What changes, if any, would improve delivery of this service? Park design Park construction Park maintenance Cemetery services Road design Road construction Road maintenance Traffic coordination Development approvals Page 165 Service Which department(s) is responsible for the delivery and management of this service? What are the strengths of this model? What are the challenges associated with delivering this service? What changes, if any, would improve delivery of this service? Building services and permits (CBOs) Municipal permits/licenses By-law enforcement Human resources Payroll Purchasing/procurem ent Tourism Economic development Page 166 6. How is your municipal office customer service model devised? (ie. where/how do residents pay bills, submit inquiries, gather information) 7. Does your organization operate services that may not traditionally be seen as within the scope of municipal or civic services? If so, how does your organization manage them? Modernization/Technology 8. Please outline the most impactful ways your organization has incorporated technology (or a more modern approach) to internal process or administrative activities and the benefits you have seen from it. Type of technology/modernization Benefits Change management 9. Does your organization have a formal approach to implementing change internally? [Y/N] Page 167 10. If yes, please elaborate on what approach your organization uses and if there are best practices you have seen for implementing change within your organization? Other Comments 11. Do you have any other questions or comments? Page 168 Appendix D: Benchmarking organizational Charts i. Pickering ii. Chatham Kent iii. Milton iv. Kitchener Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 July 2019 Municipality of Chatham-Kent Mayor and Council Mayor Darrin Canniff Library Board Chief Administrative Officer Don Shropshire General Manager / Chief Legal Officer Community Development John Norton Legal Services Manager, Legal Services David Taylor Manager, Provincial Offences Court Christine Jackson Director, Building Development Services / Chief Building Official Paul Lacina Building Engineer / Manager Paolo Magliaro Director, Planning Services Bruce McAllister Manager, Planning Services Ryan Jacques Director, Economic Development Services Stuart McFadden Manager, Economic Development Services Jamie Rainbird Fire & EMS Chief, Fire, Paramedic Services Bob Crawford Assistant Fire Chief Chris Case Assistant Fire Chief John Praill Assistant Fire Chief Adam Walters Acting Assistant Fire Chief Ken Labonte General Manager Infrastructure & Engineering Services Thomas Kelly Director, Engineering & Transportation Chris Thibert Manager, Infrastructure Services Mark McFadden Manager, Linear Assets Ann-Marie Millson Director, Public Works Ryan Brown Manager, Public Works North Dennis Chepeka Supervisor I, Roads Glenn Harding (PABC Chatham) Morley Curran (Chatham Twp) Darrin Spence (Dover) Glenn Carroll (Wallaceburg) Supervisor II, Roads Corey Crow (PABC Chatham) (Reports to Glenn Harding) vacant (Wallaceburg) (Reports to Glenn Caroll) Supervisor, Water/Wastewater Chris Lalonde Manager, Public Works South Jerry Corso Supervisor I, Roads Paul Goldhawk (Kent Centre /Sign Shop) Darrell McGee (Raleigh) Patrick Bates (Ridgetown) Steve Bolton (Thamesville) Jamie Hathaway (Tilbury East) Supervisor II, Roads Greg Hodgson (Ridgetown) (Reports to Patrick Bates) Supervisor, Water/Wastewater Joe Charbonneau Manager, Parks & Open Spaces Jeff Bray Supervisor, Cemetery Operations Collin Mardling Supervisor, Chatham Parks & Horticulture Deb Veccia Recreation Facilities Supervisor, Recreation Facilities Chris Kirkwood (Blenheim) Brian Bennett (Chatham) Brad Tuckwell (Dresden/Bothwell) Darren Goyette (Ridgetown) Rob Veccia (Tilbury/Wheatley) Jane McGee (Wallaceburg) Director, Drainage, Asset & Waste Management Tim Dick Manager, Municipal Assets Tom Skodak Supervisor, Building Maintenance (Municipal) Wes Lozon Manager, Fleet Services Kevin Rankin Supervisor, Fleet Services Wayne VanDeHogen Supervisor, Fleet Compliancy Michael Thatcher Manager, Waste & Recycling Services Rick Kucera Chatham-Kent Public Housing Manager, Housing Assets Alain Sasseville (South) Brandon Bechard (North) General Manager, Community Human Services / CEO Public Health April Rietdyk CEO/Chief Librarian CK Public Library Tania Sharpe Manager, Marketing, Outreach & Programming Sarah Hart Coatsworth Manager, Public Services Cassey Beauvais Manager, Support Services Heidi Wyma Director, Childcare & Early Years Kelly Emery Supervisors, Early Years Carrie Myers Chris Myers Director, Housing Services Shelley Wilkins Manager, Tenant Relations Kristen Williams Program Manager Beth Earley Medical Officer of Health Dr. David Colby Director, Community Attraction & Leisure Services Evelyn Bish Manager, Arts & Culture Services Heather Slater Coordinator, Box Office & Front of House Wendy Cornelis Curator, Gallery Curator, CK Museum Stephanie Saunders Supervisor, Technical & Facility Services Spenser Hamilton Manager, Community Attraction & Promotion Audrey Ansell Coordinator, Resident Attraction & Retention Victoria Bodnar Supervisor, Tourism Development Shannon Paiva Manager, Recreation Services Ann Robinson Supervisor, Recreation Services Raphael Robinson Supervisor, Aquatic Services Kristen Pegg Ashley Deboer (Acting) Coordinator, Aquatic Services Ashley DeBoer (Blenheim) Amber Wright (Acting) Coordinator, Aquatic Services Nicholas Hay (Wallaceburg) Director, Employment & Social Services Polly Smith Manager, Finance & System Support Jeff Millman Supervisor, Accounting & Systems Support Ryan Blair Program Manager Carrie Avery Supervisor, Employment & Social Services Melaney Austin Tara Lauzon Bonny Pigeon Supervisor, Clerical Jennifer Oickle Program Manager Homelessness Chantal Perry Supervisor, Employment & Social Services Kim Crew Supervisor, Homelessness Prevention Josh Myers Integration Program Manager Matt Keech Supervisor, Employment & Social Services Megan Carson-Leistra Project Manager (CK Workforce Planning Board) Kristy Jacobs Director, Public Health Teresa Bendo Program Manager Healthy Environments Rosemarie Arndt Program Manager Healthy Growth & Development Chief Nursing Officer Marnie Van Vlymen Program Manager Chronic Disease & Well Being Chris Sherman, Acting (Carina Caryn) Program Manager School Health Stacy Rybansky Program Manager Infectious Disease & Emergency Management Betty Schepens Program Manager Foundational Standard Laura Zettler Director, Seniors Services Mary Alice Searles Director of Nursing Wanita Myers-Gebal Nurse Managers Catherine Gadal Jennifer Buckle Jolayne Gander Karen Bond Kim Vandersluis Supervisor Activation / Coordinator Volunteer Services Connie Redmond Manager, Long Term Care Lesley Rountree Supervisor, Environmental Services Kari White Supervisor, Food Services (contracted services) Lana Girard-Robertson Supervisor, Building Maintenance Rick Walker General Manager / Chief Financial Officer / Treasurer Finance, Budget & IT Services Gord Quinton Director, Budget & Performance Services Steven Brown Director, Financial Services Matt Torance Manager, Corporate Accounting Brock Priddle Manager, Revenue Amy McLellan Supervisor, Accounts Receivable Amanda Bossy Supervisor, Accounts Payable Tracy Turner-Bartlett Purchasing Officer Jennifer Scherle Director, Information Technology Services Helen McLaren Project Manager Joann Kjeldsen Manager, Information Services Catherine Fitzgerald Manager, Technology Services Matthew Payne Supervisor, IT Service Delivery Ray Harper (temp) General Manager/Chief Human Resource Officer Corporate Services Cathy Hoffman Director, Customer Services Leanne Segeren-Swayze HROD Manager, Health, Safety & Wellness Denise Lidster Manager, HR Strategy and Workplace Culture Manager, Labour Relations Georgina Feys Manager, Payroll/HRIS Norma Jay Manager, Talent Acquisition and Development Marianne Fenton Manager, Total Rewards Ashley Mann Director, Municipal Governance / Clerk Judy Smith Manager, Licensing Services Nancy Havens Council Coordinator Meredith Cadotte General Manager CK PUC Tim Sunderland Water & Wastewater Services Manager, North/Central Area Darren Galbraith Supervisor, Water & Wastewater Dave Paulovics Manager, South/Central Area Robin Dudley Supervisor, Water & Wastewater Mario Murru Manager, Facilities & Systems Rob Bernardi Project Engineer Dhana Niriella Manager, Compliance & Quality Standards Lilly Snobelen Chatham-Kent Board of Health Chatham-Kent Public Utilities Commission Page 194 Commissioner, Community Services Director, Culture & Community Investment Manager, Parks & Facility Planning Manager, Recreation Programs Director, Recreation & Facilities Supervisor , Recreation Programs Supervisor, Recreation Programs (Aquatics) Coordinator, Recreation (2 Full-time) Supervisor, Recreation Programs Community Development Advisor (PPT) Cultural Development Advisor Facility Operator (8 Full-time) Community Services Department The Corporation of the Town of Milton Parks Planner Administrative Assistant Manager, Cultural Services Supervisor , Technical Operations Facilities Logistics Coordinator Facility Lead Hand (Civic) Supervisor, Facility Maintenance (MLC, ACM, MSAC & Memorial) Manager, Facility Operations Part-Time Staff (9) (Older Adults) Part-Time Staff (7) & Volunteers Coordinator, Recreation (2 Full-time) (Aquatics) Part-Time Staff (170) & Volunteers Recreation Software Administrator Part-Time Staff (2) & Casual Staff (17) Supervisor , Front of House & Programming Part-Time Staff (10), Seasonal Staff (30) & Volunteers Coordinator, Box Office & Events Part-Time Staff (10) Supervisor, Recreation Facility Services Coordinator, Facility Administration (MLC, MSAC, MSC, MNCC) (4 Full-time) Part-Time Facility Maintenance (20) Project Manager, Parks & Facilities (2 Part-time) Coordinator, Facility Scheduling Part-Time Staff (50) Community Development Advisor Manager, Parks/ Facilities Design & Construction Project Manager, Parks & Facilities (3 Full-time) Coordinator, Recreation (2 Full-time) (Fitness) Part-Time Staff (40) & Volunteers Theatre Technician June 2019 Corporate Sponsorship Manager Supervisor, Community Development Administration Support Clerk Supervisor, Facility Maintenance (MNCC, Tonelli, Rotary Park & Indoor Turf) Supervisor, Facility Maintenance (MSC) Facility Operator (4 Full-time)Facility Operator (10 Full-time) Part-Time Facility Maintenance (9) Part-Time Facility Maintenance (25) Part-Time Staff (30) Coordinator, Concessions Facility Operator (2 Full-time) Part-Time Facility Maintenance (3) Human Resources Coordinator, Programming & Outreach Part-Time Staff (14), Seasonal Staff (8) & Volunteers Coordinator, Track, Cycling & Events Part-Time Staff (10) & Volunteers (Children & Youth) Part-Time Staff (45), Seasonal Staff (142) & Volunteers (Sport) Part-Time Staff (30) & Volunteers Page 195 Corporate Services Department Corporation of the Town of Milton Commissioner, Corporate Services/Town Clerk Director, Information Technology & CIO Director, Human Resources Chief Financial Officer/ Treasurer Manager, Purchasing & Risk Management Manager, Tax and Assessment Tax Project Specialist Assessment Analyst Manager, Accounting & Payroll Accounts Receivable Clerk Supervisor , Development Finance Manager, Technology Architecture & Security Manager, Business Systems & GIS Supervisor , Database Architecture Network Analyst (2 Full-time) Supervisor, Client Services & Technology Support Enterprise Business Systems Analyst (3 Full-time) Human Resources Business Partner (3 Full-time) Supervisor, Purchasing & Supply Chain Management Payroll Administrator Purchasing Analyst Support Technician GIS Technician Administrative Assistant Supervisor, Assessment Base Management Senior Financial Analyst (1 Full-time) (1 Part-time) Development Administrator Supervisor, Accounting Accounts Payable Clerk Payroll Advisor Financial Planning Analyst (4 Full-time)Purchasing & Risk Law Clerk Web Developer (1 Part-time) June 2019 Senior Advisor, Risk & Insurance Accounting Analyst (I) Financial Admin Analyst Help Desk Technician Project Manager, Information Technology Director, Legislative & Legal Service/Deputy Clerk Property Tax Analyst Tax Adjustment Clerk Manager, Financial Planning & Policy Human Resources Database Administrator SharePoint Developer Hardware Technician Buyer Election Coordinator Coop Student (3) Supervisor , Financial Planning Manager, Development Finance & Financial Consulting Senior Network Analyst Senior Enterprise Business Systems Analyst GIS Analyst Accounting Analyst (II) Human Resources Associate Human Resources & Organizational Development Consultant Page 196 Engineering Services Department The Corporation of the Town of Milton Commissioner, Engineering Services Coordinator, Engineering Administration Director, Development Engineering Director, Operations Director, Infrastructure Manager, Traffic Manager, Infrastructure & Right of Way Manager, Development Engineering Development Engineering Technologist (3 Full-time) Manager, Development Engineering Development Engineering Technologist (3 Full-time) Manager, Park Operations (2 FT) Manager, Road Operations Manager, Fleet IBEW Hourly Workers (38 Full-time) Development Engineering Inspector (2 Full-time) Coop Student (2) Coordinator, Crossing Guards Development Engineering Inspector (1 Full-time) Development Engineering Technician Manager, Transit Transit Administrator Right-of-Way Technician Administrative Support Clerk (1 Full-time) (1 Part-time Contract) June 2019 Fleet Mechanic (3 Full-time) Manager, Forestry & Horticulture Transportation Planning Technologist Crossing Guards (43 Part-time) Traffic Technician Human Resources Supervisor, Operations & Forestry Manager, Stormwater Project Manager, Infrastructure (3 Full-time) Supervisor , Operations Roads & Parks Operations Services Coordinator Operations Administrative Clerk Administrative Support Clerk, Operations Student (33 Part-time) Seasonal (19) Page 197 Executive Services Department The Corporation of the Town of Milton Chief Administrative Officer Executive Assistant, Mayor & CAO Director, Corporate Communications & Government Relations Administrative Assistant September 2019Human Resources Director, Strategic Initiative & Economic Development Communications and Marketing Advisors (3 Full-time) Supervisor, Digital Communications Graphic Designer Design & Communications Clerk (Contract) Manager, MEV Innovation Centre Economic Development Officer 2 Full-time MEV Innovation Centre Coordinator Page 198 Fire Department The Corporation of the Town of Milton Fire Chief Deputy Fire Chief FT Suppression (MPFFA) (36 Full-time) Training Coordinator (MPFFA)Support Services Coordinator (MPFFA) Supervisor, Administration - Fire Administrative Assistant, Fire Communication Technician (4 Full-time) (MPFFA) Firefighter/ Emergency Vehicle Technician (MPFFA) Training Technician (2 Full-time) (MPFFA) Deputy Fire Chief Support Services Technician (MPFFA) Captain Fire Prevention (MPFFA) Fire Prevention Inspector (2 Full-time) (MPFFA) FT Captain (MPFFA) (9 Full-time) June 2019 Communication Technicians PT Suppression PT Captain District Chief Customer Service Representative, Fire Human Resources Page 199 Commissioner, Planning & Development Planning Services Representative (2 Part-time) Manager, Plans & Permits Administrative Assistant Manager, Inspections Director, Development Review Director, Building Services & Chief Building Official Director, Planning Policy & Urban Design Planner, Heritage Senior Planner, Policy (2 Full-time) Building Inspector III (5 Full-time) Building Inspector II (8 Full-time) Plans Examiner ll (4 Full-time) Building Permit Administrator (3 Full-time) Plans Examiner l (4 Full-time) Planner, Site Plans (2 Full-time) Plans Examiner Tech (2 Full-time) Administrative Assistant, Building Senior Planner, Development Review (2 Full-time) Planning Administrator Planning & Development Department The Corporation of the Town of Milton June 2019 Planner, Development Review (2 Full-time) Planner, Policy (2 Full-time) Manager, Zoning & Property Information Zoning Officer (3 Full-time) Property Information Officer Building Inspector I (3 Full-time) Human Resources Page 200 Note: Whitby is currently undergoing an organizational reorganization and choose not to share a copy of their organizational chart with their benchmarking submission. Note: Burlington did not provide a copy of their organizational chart with their benchmarking submission. Page 201 City of Kitchener Updated September 3, 2019 Community Services Department Development Services Department Infrastructure Services Department Corporate Services Department Financial Services Department Office of the Chief Administrative Officer (CAO) Mayor and Council Bylaw Enforcement Division Corporate Customer Service Division Fire Division Neighbourhood Programs and Services Division Sport Division Building Division Economic Development Division Engineering Division Planning Division Transportation Services Division Facilities Management Division Fleet Division Parks and Cemeteries Division Operations – Roads and Traffic Division Gas and Water Utilities Division Corporate Communications and Marketing Division Human Resources Division Legal Services Division Legislated Services Division Technology Innovation and Services Division Accounting Division Asset Management and Business Solutions Division Financial Planning Division Revenue Division Procurement Division Office of the General Manager, Community Services and DCAO Office of the General Manager, Corporate Services Office of the General Manager, Development Services Office of the CFO, Financial Services Office of the General Manager, Infrastructure Services Sanitary and Stormwater Utilities DivisionPage 202 Appendix E: List of resources used in comparative analysis (benchmarking) Page 203 Appendix E: Resources used in comparative analysis 1. Pickering 2019 Current Budget https://www.pickering.ca/en/city-hall/resources/2019ApprovedCurrentBudget.pdf 2. Chatham Kent 2018 Budget Overview https://www.pickering.ca/en/city-hall/resources/2019ApprovedCurrentBudget.pdf 3. Milton 2019 Approved Capital and Operating Budget https://www.milton.ca/en/townhall/resources/Budget2019/2019-Approved-Capital-and- Operating-Budget-Book.pdf 4. Whitby 2019 Budget Summary https://www.milton.ca/en/townhall/resources/Budget2019/2019-Approved-Capital-and- Operating-Budget-Book.pdf 5. Burlington 2019 Approved Budget https://www.burlington.ca/en/your-city/resources/Budget/2019-Budget/2019-Budget- Book-Combined-WEB.pdf 6. Kitchener 2019 Consolidated Budget Information https://www.kitchener.ca/en/resourcesGeneral/Documents/FIN_FP_2019_Consolidated _Budget_Info.pdf Page 204 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: December 9, 2019 Report Number: CLD-026-19 Submitted By: Anne Greentree, Municipal Clerk Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: Resolution#: Report Subject: Addendum Report to Vehicle for Hire Report CLD-022-19 Recommendations: 1. That the Addendum Report CLD-026-19 be received; 2. That Report CLD-022-19 be received; 3. That Schedule C, (1) and (2) of the draft By-law attached to Report CLD-022-19, as amended by Council, be further amended such that it reads: (1) A Broker shall keep a Trip Record of every dispatch it makes of a Vehicle -for-Hire, and the Broker shall retain each record for a period not less than 12 months. (2) Upon the request of the Municipality, and within the timeframe indicated in the request, a Broker shall provide information pertaining to a specific Trip Record. A Broker shall also submit reports of aggregated and depersonalized Trip Record at regular intervals to be determined by the Municipality, acting reasonably. 4. That the draft By-law attached to Report CLD-022-19, as amended by Council, be further amended to delete the definition of “Vehicle-for-Hire” and replace it with the following: “Vehicle-for-Hire” means a motor vehicle used for the business of private, pre- arranged transportation services from any place within the Municipality to a destination either within or outside of the Municipality.”; and 5. That a new section be added to the draft By-law, immediately after section 31 as follows: “If satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, an Enforcement Officer is authorized to suspend a Licence for a period not to exceed 14 days.” 6. That the draft Vehicle for Hire By-law, as amended, be approved. Page 205 Municipality of Clarington Page 2 Report CLD-026-19 1. Background 1.1. Council deliberated Report CLD-022-19 on November 18, 2019. 1.2. Prior to the matter being referred back to Staff for additional information, the following amendments were passed by Council. That the word “annually” be inserted after the words “vehicle inspection” in Section 9(d) in Schedule C of the proposed by-law, thus now reading: “For a Vehicle-for-Hire that is of a model that is 10 years or older, proof of vehicle inspection annually within the previous 90 days by a Municipal Law Enforcement Officer or a suitable alternate.” That the following be added to the end of Section 6(f) in Schedule C of the proposed by- law: “subject to a right of review by Council”, thus now reading, “No Broker shall dispatch a Driver…..(f) who has failed to submit, no less frequently than on an annual basis, proof of a clean and up-to-date police reference check or a reference check that is otherwise satisfactory to the Municipal Clerk; subject to a right of review by Council.” 1.3. During deliberations Council raised questions regarding four specific elements of the proposed draft By-law. The four elements are:  Definition of “Trip Record”  Scope of the term “operate”.  Delegated Authority to the Municipal Clerk -- Sections 18 and 22; and  Requirement for a clean Criminal Reference Check. 1.4. Since November 18, 2019, staff have considered comments and concerns raised by Council. This report provides additional information for Council’s consideration. Report Overview Council Considered Report CLD-022-19 on November 18, 2019. During deliberations, Council raised questions regarding three elements of the proposed new Vehicle for Hire By- law. This Addendum Report provides additional information in response to the questions raised. Page 206 Municipality of Clarington Page 3 Report CLD-026-19 2. Discussion Definition of “Trip Record” 2.1. Section 1 of the proposed By-law Defines “Trip Record”. This definition is applicable to all vehicles for hire (ie. both taxies and VNCs). To clarify that the Trip Record definition applies to paragraphs 1 and 2 in Schedule C, staff recommends that paragraphs 1 and 2 of Schedule C be amended to tie the schedule t o the definition, such that it reads as follows: (1) A Broker shall keep a Trip Record of every dispatch it makes of a Vehicle -for- Hire, and the Broker shall retain each record for a period not less than 12 months. (2) Upon the request of the Municipality, and within the timeframe indicated in the request, a Broker shall provide information pertaining to a specific Trip Record. A Broker shall also submit reports of aggregated and depersonalized Trip Record at regular intervals to be determined by the Municipality, acting reasonably. Scope of the term “operate” 2.2. The scope of the proposed by-law is to regulate vehicles for hire where the pick-up location is from any place within the Municipality of Clarington and where the destination is either within or outside of Clarington. This is consistent with the interpretation of Clarington’s existing Taxi By-law; and by-laws governing other municipalities. To provide clarity, staff recommends that the definition of “vehicle for hire” in the new draft by-law be amended such that it reads, “Vehicle-for-Hire” means a motor vehicle used for the business of private, pre- arranged transportation services from any place within the Municipality to a destination either within or outside of the Municipality. Delegated Authority to the Municipal Clerk -- Sections 18 and 22 2.3. The current Taxi By-law sets out reasons for automatic refusal of a licence application. Included in these reasons is if the applicant has a prior Criminal record. The By-law grants the authority to the Clerk to approve an application if the criminal record is more than seven years old and if in the Clerk’s opinion the offence is of a minor nature. For applicants who were denied, the current By-law provides the opportunity for a Taxi Driver Licence applicant or an individual person applying for a Broker’s Licence, whose application has been denied by the Municipal Clerk, the right to request that their application be heard by Committee or Council. Page 207 Municipality of Clarington Page 4 Report CLD-026-19 2.4. The proposed new draft by-law requires Brokers and Drivers to have a clean criminal record, and removed the provision which provided the option for the Clerk to use discretion where the offence was more than seven years prior, and the right for an applicant to request that their application be considered by Committee or Cou ncil. 2.5. During debate on the proposed by-law, a motion was introduced that would allow Council to review any decision by the Municipal Clerk to revoke, suspend, or refuse a licence, upon the request of the licence applicant. 2.6. The review by Council of a decision of the Municipal Clerk to revoke or refuse a licence may be an appropriate arrangement to ensure fairness, provided that Council exercises its discretion in a manner that is objective and unbiased. This review falls outside of the legislative function that is customary and familiar to Council. Rather, this is a quasi-judicial role, and Councillors have a common law duty to act judicially in the performance of this function. 2.7. However, it is not recommended that Council intervene in decisions to suspend a licence. 2.8. There are only two circumstances that would normally result in the suspension of a business licence. 2.9. If satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, an enforcement officer appointed by the Municipality may suspend a licence without a hearing. Pursuant to subsection 151(2) of the Municipal Act, such suspensions are limited to a maximum of 14 days. The purpose for this type of suspension is to enable a temporary but immediate response in an emergency situation. 2.10. The other typical situation in which a business licence is suspended is if the licensee has defaulted on the payment of a fine under the licensing by-law. In this situation, a justice of the peace has the jurisdiction and the duty to order that the licence be suspended until the fine is paid. 2.11. It is respectfully submitted that if Council elects to review the licensing decisions of the Municipal Clerk, that it be limited to the review of decisions to revoke or refuse and to exclude decisions to suspend. 2.12. It is further recommended that a new section be added to the draft By-law, immediately after section 31 as follows: “If satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, an Enforcement Officer is authorized to suspend a Licence for a period not to exceed 14 days.” Page 208 Municipality of Clarington Page 5 Report CLD-026-19 2.13. Should Council wish to retain the authority to review a Broker application which has been refused by the Clerk or which does not comply with the tolerance set regarding criminal record, the appropriate amendments would read as follows: That the draft By-law, attached to Report CLD-022-19, as amended by Council, be further amended to: a) Delete and replace Section 18 with the following: “The Municipal Clerk is authorized to approve or refuse any application for a Licence, subject to the right of the applicant to request a review of the decision by Council.” b) Delete and replace Section 22 with the following: “The Municipal Clerk is authorized to revoke a Licence if it was issued in error, based on false information, or if the Licensee fails to comply with a term or condition applicable to their Licence or any provision of this by-law, subject to the right of the Licensee to request a review of the decision by Council.” Requirement for a clean Criminal Reference Check 2.14. As stated earlier in this Report, the proposed draft by-law requires a clean Criminal Reference Check to be eligible for a Broker license o r to drive for a licensed Broker. During the deliberations of this issue at the November 18, 2019 meeting, Councillor Traill provided staff with a draft proposed amendment to be considered in this staff report. The draft wording suggested by Councillor Traill is attached as Attachment 1 to this Report. 2.15. This approach would essentially eliminate the zero tolerance rule for any activities reported in a Criminal Reference Check (ie clean record) and replace it with a policy that sets out the specific convictions which would exclude an applicant for licensing eligibility. 2.16. In considering the proposed wording supplied to staff, staff undertook a review other by-laws which have incorporated a similar approach. Appendix B to this Report is an excerpt from the City of Vaughan which is quite detailed and includes a more comprehensive list which Council could consider. 2.17. Staff maintains its original recommendation to require a clean reference check report in order for a person to qualify for a Broker licence or to qualify as a driver for a licensed Broker. Should Council choose, however, to remove the clean criminal record requirement and replace it with a defined list of offences which would prevent a person from qualifying for a Broker licence or from driving for a licensed Broker, Schedule C (f) would need to be amended as follows, Page 209 Municipality of Clarington Page 6 Report CLD-026-19 “That section 6(f) of Schedule C to the draft By-law, attached to Report CLD-022-19, as amended by Council, be further amended to delete the words “proof of a clean and up-to-date police reference check” and replace them with “proof of an up-to- date police reference check in compliance with the requirements set out in Schedule “F”, and to append Attachment 2 of Report CLD-026-19 as Schedule “F” to the draft By-law.” 3. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendation. 4. Conclusion Based on the foregoing, it is recommended that the draft by-law, as amended by Council on November 18, 2019, be further amended to clarify the language in Sections (1) and (2) in Schedule C such that it ties to the definition of Trip Record. Staff further recommends that the definition of “Vehicle for Hire” be amended to clearly set out that the scope of the by-law is to regulate vehicles for hire where the pic-up location is from any place within the Municipality of Clarington and the destination can be within or outside the Municipality. Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington.net. Attachments: Attachment 1 – Report CLD-022-19 Attachment 2 – Proposed amendment wording Attachment 3 – Sample Excerpt from City of Vaughn Attachment 4 – Redlined Version of the Draft By-law The following interested parties will be notified of Council's decision: Blueline Taxi Bowmanville Taxi Uber Lyft Page 210 Staff 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 Report Number: CLD-022-19 Date of Meeting: November 4, 2019 By-law Number: Submitted By: Anne Greentree, Municipal Clerk Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: Report Subject: Vehicle for Hire By-law Recommendations: 1.That Report CLD-022-19 be received; 2.That the By-law attached to Report CLD-022-19, as Attachment 1, to regulate the operation of private transportation services, known as the “Vehicle for Hire By-law” be approved; and 3.That all interested parties listed in Report CLD-022-19, and any delegations be advised of Council’s decision. GG-507-19 Attachment 1 to Report CLD-026-19 Page 211 Municipality of Clarington Page 2 Report CLD-022-19 1. Background Report Overview Staff recommends changes to Clarington’s vehicle for hire by-law regulations (commonly referred to as the Taxi By-law). The scope of the proposed by-law includes not only taxis and limousines but also other vehicles for hire services such as Uber and Lyft. The attached draft by-law reduces regulatory administration, provides better flexibility for the industry stakeholders, and most importantly it continues to provide for consumer protection and safety. Page 212 Municipality of Clarington Page 3 Report CLD-022-19 Transportation Network Companies - General Clarington’s Current Taxi Industry Regulations Page 213 Municipality of Clarington Page 4 Report CLD-022-19 Page 214 Municipality of Clarington Page 5 Report CLD-022-19 2. Discussion Vehicle for Hire Industry Ridership in Clarington Public Consultation – Public Survey Page 215 Municipality of Clarington Page 6 Report CLD-022-19 Public Consultation – Public Open House and Taxi and TNC Stakeholders Meetings Page 216 Municipality of Clarington Page 7 Report CLD-022-19 Proposed Regulation Reform Page 217 Municipality of Clarington Page 8 Report CLD-022-19 Page 218 Municipality of Clarington Page 9 Report CLD-022-19 3. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 4. Conclusion It is respectfully recommended that Council enact the proposed Vehicle for Hire By-law as recommended which provides for continued public safety and eliminates regulation duplication, provides for fair competition without government interference, and flexibility in services for the industry, and provides a degree of consumer protection. Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington.net. Attachments: Attachment 1 – Draft Recommended Vehicle for Hire By-law Attachment 2 – Regulatory Administration Comparison Summary Interested Parties: The following interested parties will be notified of Council's decision: Blueline Taxi Bowmanville Taxi Uber Lyft Page 219 Page 1 of 14 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2019-XXX Being a By-law to license and regulate the operation of private transportation services in the Municipality of Clarington. WHEREAS Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Act”) provides that a municipality may provide for a system of licences with respect to a business; AND WHEREAS Section 156 of the Act provides a local municipality with the specific licensing authority with respect to owners and drivers of taxicabs; AND WHEREAS the Council of The Corporation of the Municipality of Clarington has determined that it is appropriate and desirable to license taxicabs, limousines, transportation network vehicles, and designated driving services for the purpose of ensuring the health and safety of both passengers and drivers, for the protection of persons and property, for promoting a fair and competitive private transportation industry, and to ensure consumer protection; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: DEFINITIONS 1. In this by-law, “App” means a mobile application that can be downloaded onto or accessed on a mobile telecommunication device and used to request the services of a Vehicle-for-Hire within the Municipality; “Broker” means a Person who facilitates, dispatches, or accepts a request for the services of a Vehicle-for-Hire originating within the Municipality; “Driver” means a Person who operates a Vehicle-for-Hire; “Enforcement Officer” means a Provincial Offences Officer as defined under the Provincial Offences Act, R.S.O. 1990, c. P.33; “Licence” means a licence issued under this by-law; “Licensee” means a person holding a Licence in accordance with this by-law; “Limousine” means a Vehicle-for-Hire that does not have a Metering Device and is not a TNV; Page 220 Vehicle for Hire By-law By-law 2019-xxx Page 2 of 14 “Metering Device” means a meter, instrument, or other apparatus affixed to a motor vehicle that measures the distance driven and waiting time; “Municipality” means The Corporation of the Municipality of Clarington, or its geographical area as the context requires; “Person” means an individual or a corporation, and “Persons” has a corresponding meaning; “Plate” means a sign affixed to a vehicle displaying a series of letters or numbers indicating that the vehicle has been approved by the Municipality to operate as a Taxicab; “Street Hail” means any appeal made directly to a Driver for the services of a Vehicle-for-Hire using sounds, words, signs, or gestures; “Tariff Card” means a card issued by the Municipality for display in each Taxicab which contains the rates of fare then in force; “Taxicab” means a Vehicle-for-Hire equipped with a Metering Device which has seating for not more than seven people by way of persons requesting services through a Broker or street hail; “Transportation Network Vehicle” or “TNV” means a Vehicle-for-Hire that accepts fares exclusively through the use of an App; “Trip Record” means a record of the following information as it relates to trips provided by a Driver operating a Vehicle-for-Hire: o Provincial Motor Vehicle Permit Number of the Vehicle-for-Hire; o Licence plate number of the Vehicle-for-Hire; o Name, address and Licence number of the Driver; o Metering Device readings at the start and finish of a Taxicab Driver’s shift, if applicable; o Date, time and location of the beginning and termination of each trip, including any stops requested by a Passenger en route; and o Amount of all rates and fares collected for each trip ; and “Vehicle-for-Hire” means a motor vehicle used for the business of private, pre- arranged transportation services. Page 221 Vehicle for Hire By-law By-law 2019-xxx Page 3 of 14 PROHIBITIONS 2. No Person shall be a Broker without a valid Licen ce. 3. No Broker shall contravene any term or condition applicable to their Licence. 4. No Person shall operate a Vehicle-for-Hire unless they are a Licensed Broker or an employee, agent, or contractor of a Licensed Broker. 5. No Driver of a Limousine or TNV shall accept Street Hails or solicit business at a Taxicab Stand. 6. No Person shall be a Driver unless they are at least 18 years of age. 7. No Person shall be a Driver unless they have a valid Ontario Driver’s Licence. 8. No Driver shall operate a Vehicle-For-Hire for more than eighteen hours in any twenty-four hour period. 9. No Person shall obscure a Metering Device from the view of a customer. 10. No Driver shall operate a Taxicab unless the Metering Device is in proper working order. 11. No Driver shall operate a Taxicab without a valid Plate, issued by the Municipal Clerk, and obtained through a licensed Broker, security affixed to the right rear bumper of the Taxicab. 12. No Driver shall engage a Metering Device prior to the customer’s entry to the Taxicab. 13. No Driver shall fail to display identification information, including the Driver’s name, their Broker’s name, and a facial photograph of the Driver, in a clear and conspicuous location visible to every customer. 14. No Person shall refuse a fare on the grounds of race, colour, ancestry, creed, religion, place of origin, ethnic origin, citizenship, sex (including pregnancy and gender identity), sexual orientation, age, marital status, family status, disability, or receipt of public assistance. 15. No Person, in respect of a Taxicab, shall charge a rate or fare in excess of the maximums listed in Schedule “D”. 16. No Person, in respect of a Vehicle-for-Hire, shall charge an additional fee for carriage of a mobility aid or a mobility assistive device. Page 222 Vehicle for Hire By-law By-law 2019-xxx Page 4 of 14 LICENCES 17. (1) Every application for a Licence shall be completed and submitted in the form established by the Municipal Clerk together with the applicable fee set out in Schedule “A” to this by-law. (2) The Municipal Clerk is authorized to request, and if requested, an applicant for a Licence shall provide, any information or materials reasonably required which may include but not be limited to the items enumerated in Schedule “B” to this by-law. (3) The Municipal Clerk may impose such terms and conditions on a Licence that the Municipal Clerk, acting reasonably, considers to be appropriate, and which shall include but not be limited to the items enumerated in Schedule “C” to this by-law. 18. The Municipal Clerk, acting reasonably, may approve or refuse any application for a Licence and the decision of the Municipal Clerk is final. 19. A Licence is valid from the date of issuance until the date of expiry, unless cancelled or revoked. 20. No Person shall transfer or assign to any other person, a Licence issued under this by-law. 21. The Municipal Clerk may issue a replacement Licence or Plate if satisfied that the original has been lost or stolen, subject to the applicable fee set out in Schedule “A” of this by-law. 22. The Municipal Clerk may cancel or revoke a Licence if it was issued in error, based on false information, or if the Licensee fails to comply with a term or condition applicable to their Licence or any provision of this by-law. 23. Notwithstanding the fees established in Schedule “A” of this by-law, where a Broker who can show that they have operated an accessible vehicle-for-hire over the previous 12 months, and can demonstrate that they have fulfilled a reasonable number of trip requests for persons with disabilities, , is eligible to a fee that is one half the amount listed in Schedule “A”. TAXICAB VEHICLE PLATES 24. A Plate issued to a Broker shall remain the property of the Municipality. 25. No Person shall enjoy a vested right in the continuance of a Licence. DRIVERS Page 223 Vehicle for Hire By-law By-law 2019-xxx Page 5 of 14 26. Every Driver shall ensure the environment of the vehicle is free of any substance, material, or odour that a reasonable person would find noxious or unpleasant, including but not limited to tobacco smoke. 27. Every Driver shall follow the shortest route to the destination unless the customer verbally directs otherwise or an alternate route is agreed to via an App. NOTICE OF CHANGE OF INFORMATION 28. A Licensee shall notify the Municipal Clerk in writing within ten business days of any change of information submitted with the Licence application, and shall pay the applicable fee as set out in Schedule “A” to this by-law 29. A Licensee shall, upon the request of the Municipal Clerk, surrender a Licence for the purpose of amendment. 30. A Licensee shall provide the Municipality with no less than thirty (30) days prior written notice of any cancellation, variation, replacement policy document, or expiration of any policy of insurance required under this by-law. ENFORCEMENT 31. Where any Person contravenes any provision of this By-law, an Enforcement Officer may direct such Person to comply with this By-law. Every Person so directed shall comply with such direction without delay. POWERS OF ENTRY 32. An Enforcement Officer, whether alone or accompanied by an individual possessing special or expert knowledge or skills, may enter on land that is occupied by a Person who requires a Licence under this By-law at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. Page 224 Vehicle for Hire By-law By-law 2019-xxx Page 6 of 14 33. For the purposes of an inspection under this By-law, an Enforcement Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 34. In addition to any other provision of this By-law, and subject to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the peace may issue an order authorizing the Municipality to enter on land, including a room or place actually being used as a dwelling, for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. OBSTRUCTION 35. No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement Officer from lawfully carrying out a power, duty or direction under this By-law. OFFENCES 36. Every Person, other than a corporation who contravenes any provision of this By- law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction. 37. Every corporation which contravenes any provision of this By-law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence, and not more than $100,000 for any subsequent conviction. Page 225 Vehicle for Hire By-law By-law 2019-xxx Page 7 of 14 38. Without limiting any other section of this By-law, every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33. 39. If any Person is in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected. 40. Where any Person contravenes any provision of this By-law, such Person shall be responsible for all costs incurred by the Municipality directly related to the contravention. SEVERABILITY 41. If any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of the Municipal Council to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all remaining sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect. CONFLICT 42. In the event of a conflict between any provision of this By-law and any applicable Act or regulation, the provision that is the most restrictive prevails. SCHEDULES 43. The following Schedules are attached to and form an integral part of this by-law:  Schedule “A” – Fees  Schedule “B” – Information to be Submitted with a Licence Application  Schedule “C” – Terms and Conditions of a Licence  Schedule “D” – Maximum Taxicab Tariffs  Schedule “E” – Set Fines EFFECTIVE DATE 44. This by-law shall come into force and take effect on [Month] [Day], 2019. 45. By-law 2005-205, as amended is repealed on the date this by-law comes into force and effect. Page 226 Vehicle for Hire By-law By-law 2019-xxx Page 8 of 14 SHORT TITLE 46. This by-law may be referred to as the “Vehicle-for-Hire By-law”. Passed in Open Session this day of , 2019 _________________________ Mayor Adrian Foster ________________________ C. Anne Greentree Municipal Clerk Page 227 Vehicle for Hire By-law By-law 2019-xxx Page 9 of 14 Schedule “A” - Fees Item Fee Taxicab/Limousine Broker Licence $1,500.00 TNV Broker Licence $25,000.00 Replacement Plate $10.00 Broker information update (during term of licence) $25.00 Page 228 Vehicle for Hire By-law By-law 2019-xxx Page 10 of 14 Schedule “B” – Information to be Submitted with Licence Application The information and materials to be submitted with an application for a Licence shall include but not be limited to: (a) The applicant’s legal name and any associated business name(s), telephone number, email address, and business address; (b) If the applicant is an individual, a Criminal Information Record check dated not more than thirty (30) days prior to the application date; (c) If the applicant is an individual, proof that they are 18 years of age or older; (d) Commercial General Liability insurance submitted on the prescribed form with the Municipality as an additional insured subject to limits of not less than Five Million Dollars ($5,000,000) inclusive per occurrence for bodily injury, death and damage to property including loss of use; and (e) In addition to the requirements set out above, every application for a TNC Broker Licence shall include non-owned automobile insurance with limits of no less than Two Million Dollars ($2,000,000) per occurrence. Page 229 Vehicle for Hire By-law By-law 2019-xxx Page 11 of 14 Schedule “C” – Terms and Conditions of a Licence The terms and conditions applicable to a Licence include but are not limited to the following: (1) A Broker shall keep a record of every dispatch it makes of a Vehicle-for-Hire, which record shall include the Driver’s name and particulars, the time and date of dispatch, and pick-up location and final destination, and the Broker shall retain each record for a period not less than 12 months. (2) Upon the request of the Municipality, and within the timeframe indicated in the request, a Broker shall provide information pertaining to a specific dispatch record. A Broker shall also submit reports of aggregated and depersonalized trip information at regular intervals to be determined by the Municipality, acting reasonably. (3) A Broker shall keep a record of the number of requests for accessible services and the number of requests for accessible services which were fulfilled. (4) A Broker shall keep all records submitted to it by a Driver for a minimum of 2 years. (5) A Broker shall inform the customer of the estimated time of arrival of the Vehicle-for-hire to the customer’s location. (6) No Broker shall dispatch to a Driver: (a) who is less than eighteen (18) years of age; (b) who does not have a valid G class driver’s licence in good standing issued by the Province of Ontario permitting the Operation of a Vehicle-For-Hire; (c) with less than two years of driving experience; (d) who has failed to submit, no less frequently than on an annual basis, a driver’s abstract issued by the Ontario Ministry of Transportation. (e) who has been convicted in the previous three years of a Highway Traffic Act offence carrying more than four (4) demerit points or has accumulated more than eight (8) demerit points in total; (f) who has failed to submit, no less frequently than on an annual basis, proof of a clean and up-to-date police reference check or a reference check that is otherwise satisfactory to the Municipal Clerk. (7) A Broker shall operate in compliance with all Federal, Provincial, and municipal laws, including the Highway Traffic Act and the Accessibility for Ontarians with Disabilities Act, 2005. Page 230 Vehicle for Hire By-law By-law 2019-xxx Page 12 of 14 (8) A Taxicab Broker shall ensure that: (a) a current tariff card is issued to each dispatch Driver and displayed in a conspicuous place in the vehicle; (b) the Metering Device is illuminated between sunset and sunrise; (c) the Metering Device is operational, sealed and calibrated to comply with the maximum tariffs established by the Municipality; (d) The correct Plate issued by the Municipality is affixed to the right rear bumper of the vehicle. (9) For every vehicle dispatched by a Broker, that Broker shall keep the following records: (a) The legal name and contact information for the Driver; (b) A current copy of the vehicle registration issued by the Ontario Ministry of Transportation; (c) A current and valid Ontario Ministry of Transportation Safety Standards Certificate issued in the previous 12 months; (d) For a Vehicle-for-Hire that is of a model that is 10 years or older, proof of vehicle inspection within the previous 90 days by a Municipal Law Enforcement Officer or a suitable alternate; (e) If the vehicle is a Taxicab, acceptable confirmation that the vehicle is equipped with a calibrated and properly functional Metering Device. (f) Proof of current Automobile Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) inclusive per occurrence for bodily injury, death and damage to property and standard accident benefits; and (g) If the vehicle is accessible, proof that any lifting device affixed to the vehicle is compliant with relevant safety standards, to the satisfaction of the Municipal Clerk. Page 231 Vehicle for Hire By-law By-law 2019-xxx Page 13 of 14 Schedule “D” - Maximum Taxicab Tariffs Drop Rate (for the first 100m or part thereof) $3.00 For each additional 100m or part thereof $0.25 Waiting time while under hire per minute $0.45 Additional passengers in excess of four, aged 9 and over $0.40 All tariffs inclusive of HST Page 232 Vehicle for Hire By-law By-law 2019-xxx Page 14 of 14 Schedule “E” - Set Fines Page 233 Attachment 2 to Report CLD-022-19 Regulatory Administration Comparison Summary Regulation Taxi By-law 2005-205. as amended (current) Vehicle For Hire By-law (recommended) Scope Taxis and limousines Taxis, limousines and transportation network companies (ie ride share) Classes of Licences Owner – Limousine Owner – Taxi Broker – Limousine Broker – Taxi Driver – Limousine Driver – Taxi Broker – Taxicab / Limousine Broker – Transportation Vehicle Network Licence fees Owner / Broker $300 Vehicle $60 Replacement plate $10 Driver $60 Replacement Licence $20 Broker – Taxi/Limo $1,500 Broker – TNC $25,000 Replacement Plate $10 Broker info. Update $25 Application Process Page 234 Regulation Taxi By-law 2005-205. as amended (current) Vehicle For Hire By-law (recommended) Authority to Operate Brokers – on approval of application by Municipality Brokers – on approval of application by Municipality and must abide by terms and conditions that include responsibility for their drivers and vehicles. Issuing of Plates For each vehicle application approval, a unique metal plate is issued to the owner by the Municipality. For each approved taxi/limousine broker, the Municipality shall provide the Broker a supply of vehicle plates (not necessarily metal) to be applied to vehicles that the Broker has approved to operate under their authority. No plates are issued for TNVs. Plate Limits The total number of plates issued by the Municipal Clerk is calculated based on 1 per each 3500 Clarington residents. No limits. Duties and Responsibilities of Brokers and Drivers The By-law is very detailed and prescriptive respecting the duties and responsibilities of Brokers and Drivers. The By-law more clearly sets out the prohibitions so as to better communicate offences which in turn streamlines the enforcement thereof. Responsibilities have been streamlined, and any driver Page 235 Regulation Taxi By-law 2005-205. as amended (current) Vehicle For Hire By-law (recommended) obligations also fall within the responsibility of the Broker. *Note: W here the Ministry of Transportation, or some other authority, regulates the responsibility of obligation, or where the Municipality really has no requirement to regulate it, it has not been included in the By-law. Drivers – Age and Experience Minimum 18 years Minimum 2 years with a valid Class G licence Minimum 18 years Valid G licence with two years driving experience Age of Brokers Minimum 18 years Minimum 21 years Criminal Records / Offences Application (for Broker and Driver) was denied if criminal record, however discretion was afforded to the Clerk where the incident was more than seven years and the clerk believed it to be minor in nature. No specific parameters are stated for any offences showing on a driver’s abstract (to be included with the Driver’s Application) issued by the Ontario Ministry of Transportation. Prohibition for a Broker to dispatch to a driver who has failed to submit (at least annually) proof of a clean and up-to-date police reference check. Prohibition for a Broker to dispatch to a driver who has been convicted in the previous three years of a Highway Traffic Act offence carrying more than four demerit points or has accumulated more than eight demerit points in total. Identification of Taxi Requires Brokers to ensure that all of the vehicles operated by them, or under their authority, to use the same design, shape and colour schedule of roof sign and on each front door of the taxi cab. The design of sign, decal and colour scheme must be approved by the Municipal Clerk. It is mandatory to have a roof light and that it be on when the meter is engaged. No requirements *Note, the taxi vehicle must have an operational meter. Page 236 Regulation Taxi By-law 2005-205. as amended (current) Vehicle For Hire By-law (recommended) *Note, the taxi vehicle must have an operational meter. Tariff Rates Taxi tariff rates are set out in the By-law and drivers cannot charge any other rate. Maximum Taxi tariff rates are set out in the By-law. Brokers or drivers may charge a lower rate. Broker Office and Hours of Operation Taxi and Limousine Brokers must be maintained in the Municipality of Clarington and in accordance with Zoning By- law regulations. Brokers must operate on a full- time basis, 24 hours per day, seven days per week all year long. No requirements Taxi for School Transportation Expressly permits a Broker to enter into an agreement with a school board for transportation of children. Removed Parcels and Documents Expressly permits a driver to transport parcels, letters or documents without carrying a passenger. Removed Vehicle Model Year Restrictions Eight years or less than the licensing year. Note, understanding that the Taxi By-law was under review, in April 2016, Council passed a resolution GG-265-16, to allow licensed taxi vehicles to be up to 10 years of age minus the current licensing year. No limit on vehicle model year, however for a vehicle that is of a model that is 10 years or older, proof of vehicle inspection within the previous 90 days by a Municipal Law Enforcement Officer or a suitable alternate. Insurance Taxi / Limousine Owner: Certificate of Insurance showing that said Owner has a current Ontario Standard Automobile policy of insurance providing for third party liability of at least one million dollars ($1,000,000.00) Taxi / Limousine Broker:  Commercial General Liability insurance submitted on the prescribed form with the Municipality as an additional insured subject to limits of not less than $5,000,000 inclusive per occurrence for bodily injury, Page 237 Regulation Taxi By-law 2005-205. as amended (current) Vehicle For Hire By-law (recommended) Insurance coverage for the use designated in the licence; and shall be endorsed by the issuer that the Municipality will receive at least 10 days written notice prior to any cancellation, expiration or variation in the amount of the policy. The certificate shall set forth in detail the coverage of the current valid policy of insurance, the name and address of the person insured, the policy number, the effective date, the expiry date, the limits of liability and the details of the motor vehicle covered death and damage to property including loss of use  For each vehicle operated under their authority: Automobile Liability Insurance with limits of not less than $2,000,000, inclusive per occurrence for bodily injury, death and damage to property and standard accident benefits TNC Broker:  Commercial General Liability insurance submitted on the prescribed form with the Municipality as an additional insured subject to limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use  Non-owned automobile insurance with limits of no less than $2,000,000 per occurrence. Page 238 From:Greentree, Anne To:Chambers, Michelle Subject:FW: Wording Date:November 18, 2019 8:17:50 PM From: Corinna Traill [mailto:corinna.traill@gmail.com] Sent: November 18, 2019 8:13 PM To: Greentree, Anne <agreentree@clarington.net> Subject: Wording The Clerk shall deny the application if the Applicant has a prior Criminal record, for which a pardon has not been received, for the following exhaustive list of offences; ·sexual assault, sexual exploitation, sexual interference, procuring or invitation to sexual touching; ·Trafficking; ·Any offence involving fraud over $5000.00; fraudulent transactions, conspiracy to defraud, the use of false pretences, extortion, or theft over $5000; ·Any offence related to the unlawful operation of a motor vehicle. Attachment 2 to Report CLD-026-19 Page 239 112 Amended by By-law 177-2011 – September 27, 2011 SCHEDULE “I” THRESHOLD POLICY FOR LICENSES SYNOPSIS: The Municipal Act 2001, S.O. 2001, c.25, as amended provides that a municipality may license, regulate and govern any business, activity or undertaking wholly or partly carried on within the municipality. The Thresholds are intended to identify those applicants and licensees who have been convicted of offences which behaviours are incompatible with the type of business, based on health and safety and consumer protection. The thresholds will also provide an objective and transparent way of identifying such individuals and an appropriate way to deal with the license. PROCESS: Using the chart located in this Threshold Policy, match the conviction with the appropriate rating code. Driving Schools, Refreshment Vehicles, Tow Trucks, Limousines, Taxicabs. 1.A. If an applicant has: 1)Any code 01 convictions; 2)Any code 02 convictions within the last ten (10) years; 3)Any code 03 convictions in the last seven (7) years; 4)Two or more code 03 convictions in the last ten (10) years; 5)Any code 04 convictions within the last three (3) years; 6)Two or more code 04 convictions within the last five (5) years; 7)Any code 05 or 07 convictions within the last year; 8)Any code 06 convictions within the last three (3) years; 9)Nine (9) or more demerit points, as defined in the Highway Traffic Act, on the driver’s abstract provided to the Licensing Department; 10)Six (6) or more by-law related* convictions within the last year concerning the licensed business or individual, or any other of the individual’s businesses that are licensed or are required to be licensed, or any of the individual’s proper businesses that were licensed or were required to be licensed; four or more by-law and related* convictions within the twelve (12) months immediately preceding the date of issuance; or 11)Overdue by-law fines, unless the applicant or licensee provides proof that such fines have been subsequently paid; despite the applicant being complete and all fees paid, the Licensing Officer shall refuse to issue or renew the license. In the case of an existing license, the Licensing Officer shall suspend the license. 1.B. The Licensing Officer shall issue, renew or reinstate a license, if at the time of the application for a license or renewal, the conviction or event has reached the age set out below. 1)The code 02 conviction is more than ten (10) years old; 2)If the license was not issued because of a single code 03 conviction, when that conviction becomes more than seven (7) years old; 3)If the license was not issued because of two (2) or more code 03 convictions, when at least two (2) of those convictions become more than ten (10) years old; 4)If the license was not issued because of a single code 04 conviction, when that conviction is more than three (3) years old; 5)If the license was not issued because of two (2) or more code 04 convictions, when at least two of those convictions are more than five (5) years old; 6)If the license was not issued because of a single code 05 or 07 conviction, when that conviction is more than a year old; 7)If the license was not issued because of a single code 06 conviction, when that conviction is more than three (3) years old; 8)If the license was not issued because of two (2) or more code 06 convictions, when at least two (2) of those convictions are more than five (5) years old; Attachment 3 to Report CLD-026-19 Page 240 113 9) If the license was not issued because of a single code 07 conviction, when that conviction is more than one (1) year old; 10) If the license was not issued because of nine (9) or more demerit points, as defined in the Highway Traffic Act, on the driver’s abstract provided to the Licensing Department; when the driver’s abstract falls below nine (9) demerit points; 11) If the license was not issued because of three (3) or more code 08 convictions, when three of those convictions are more than one (1) year old; 12) If the license was not issued because of a code 09 event, when that code 09 event is more than one (1) year old; and 13) If the license was not issued because overdue by-law fines, when those fines have been paid. These thresholds shall be applied threshold for threshold. For example if the applicant’s license was not granted by reason of a recent code 02 conviction, the license shall be reinstated or issued when the code 02 conviction is more than ten (10) years old, providing there are no other applicable thresholds. 1.C. The Licensing Officer may place conditions and issue a warning letter on a license if an investigation of a licensee reveals circumstances that may in the future case the licensee to be in contravention of any of the business licensing thresholds listed. 1.D. The Licensing Officer may issue a warning letter to be placed in an applicant’s file if, at the time of an application for a license or renewal, the applicant has: 1) four (4) or more by-law and related* convictions concerning the licensed business or individual, or any other of the individual’s businesses that are licensed or are required to be licensed, or any of the individual’s prior businesses that were licensed or required to be licensed, within the twelve months immediately proceeding the date of issuance ore renewal. The warning letter must advise the applicant about the specific applicable threshold. *Related legislation may include, but is not limited to, City of Vaughan Licensing By-law Adult Entertainment Parlours, Actioneers, Body-Rub Parlours, Second Hand Goods 2.A. If an applicant has: 1) Any code 01 conviction; 2) Any code 02 conviction within the last ten (10) years; 3) Any code 03 conviction within the last seven (7) years; 4) Two or more code 03 convictions within the last then (10) years; 5) Any code 04 conviction within the last three (3) years; 6) Two or more code 04 convictions within the last five (5) years; 7) Any code 05 conviction within the last year; 8) Six (6) or more by-law related* convictions within the last year concerning the licensed business or individual, or any other of the individual’s businesses that are licensed or are required to be licensed, or any of the individual’s prior businesses that were licensed or were required to be licensed; 9) Four (4) or more by-law related* convictions within the twelve (12) months immediately preceding the date of issuance; or 10) Overdue by-law fines, unless the applicant of licensee provides proof that such fines have been subsequently paid despite the application being complete and all fees paid, the Licensing Officer shall refuse to issue or new a license. In the case of an existing license, the Licensing Officer shall suspend the license. 2.B. The Licensing Officer shall issue, renew or reinstate a license, if at the time of the application for a license or renewal, the conviction or event has reached the age set out below: 1) The code 01 conviction is more than ten (10) years old; 2) If the license was not issued because of a single code 02 conviction, when that conviction becomes more than ten (10) years old; 3) If the license was not issued because of a single code 03 conviction, when that conviction becomes more than seven (7) years old; 4) If the license was not issued because of two (2) or more code 03 convictions, when two of those convictions become more than ten (10) years old; Page 241 114 5) If the license was not issued because of a single code 04 conviction, when that conviction is more than three (3) years old; 6) If the license was not issued because of two (2) or more code 04 convictions, when at least two (2) of those convictions are more than five (5) years old; 7) If the license was not issued because of a single code 05 conviction, when that conviction is more than a year old; 8) If the license was not issued because of six (6) or more by-law related* convictions under Sentence 2.A., when six (6) of those convictions are more than a year old; 9) If the license was not issued because of four (4) or more by-law related* convictions under Sentence 2.A., when four (4) of those convictions are more than a year old; and 10) If the license was not issued because overdue by-law fines, when those fines have been paid. 2.C. The Licensing Officer may place conditions and issue a warning letter on a license if an investigation of a licensee reveals circumstances that may in the future cause the licensee to be in contravention of any of the business licensing thresholds listed; 2.D. The Licensing Officer may issue a warning letter to be placed in an applicant’s file if, at the time of an application for a license or renewal, the applicant has: 1) Four (4) or more by-law and related* convictions concerning the licensed business or individual, or any other of the individual’s businesses that are licensed or are required to be licensed, or any of the individual’s prior businesses that were licensed or required to be licensed, within the twelve (12) months immediately proceeding the date of issuance or renewal. The warning letter must advise the applicant about the specific applicable threshold. *Related legislation may include, but is not limited to, City of Vaughan Licensing By-law Criminal Code Offences Description Code Sexual Offences (minors) Interference, invitation, exploitation, procuring sexual activity (parent or guardian), permitting sexual activity (householder) corrupting children, luring a child, exposure, incest (with minor) 01 Terrorism Providing, collecting property, using, possessing property, providing, making available property 02 Homicide Homicide, manslaughter, infanticide, murder, attempt to commit, accessory 02 Major Assault and Sexual Assault Offences Sexual assault with a weapon, causing bodily harm, aggravated assault with weapon, causing bodily harm 02 Sexual Offences (against person other than minor) Exploitation of persons with a disability, incest, indecent act, sexual assault 03 Confinement Kidnapping, hostage taking, abduction 03 Hate Propaganda Advocating genocide, public incitement of hatred 03 Robbery, extortion All offences 03 Criminal Organization Participating in activities of 03 Criminal negligence Criminal negligence, causing death, causing bodily harm 04 Assault Assault of a peace officer 04 Noxious thing, poison Administering to harm 04 Harassments, threats Criminal harassment, uttering threats 04 Explosives Using, possession 04 Weapons Possession, carrying trafficking 04 Firearms Using in commission of offence, careless use, pointing, possession, acquisition without certificate, causing bodily harm with intent, (firearm, air gun or pistol) 04 Theft Offences All offences 04 Forgery offences All offences 04 Page 242 115 Traps Setting 05 Break and Enter Break and enter 04 Crime – possession of property Possession of property obtained by crime 04 Fraud Fraud offences, falsifying documents 04 Arson All offences 04 Counterfeit money Uttering, advertising, dealing 04 Proceeds of Crime Laundering 04 Noxious thing, poison Administering to annoy, to aggrieve 05 Mischief Mischief 05 Conspiracy Conspiracy to commit an indictable offence 05 Prostitution Offences related to 05 Bawdy houses Keeping, transporting person to, procuring 05 Operation of motor vehicles, vessels or aircraft Dangerous operation, failing to stop for police, failure to stop at scene of accident, operation while impaired, operation with more than 80 milligrams of alcohol in blood, driving while disqualified 06 Other All other Criminal Code Convictions (Including Assault – section 266) 07 Controlled Drugs and Substances Act Offences Description Code Possession Possession 05 Trafficking Of Schedule I or II substance Of Schedule III substance Of Schedule IV substance 03 04 05 Importing Exporting Of Schedule I or II substance Of Schedule III substance Of Schedule IV substance 03 04 05 Production Of Schedule I or II substance Of Marijuana Of Schedule III substance Of Schedule IV substance 03 04 04 05 Highway Traffic Act Description Code 36 Driving while license suspended 07 43(1) Driving while license suspended 06 Speeding Exceeding speed by 50 km/hr 06 Careless Careless driving 06 Fail to remain Fail to remain at the scene of an accident 06 Fail to stop Fail to stop when signaled or required by a police officer 06 Racing Racing 06 Fail to stop Fail to stop for a school bus 06 Page 243 Attachment 4 to Report CLD-026-19 Amendments approved at Nov 18, Council Meeting Proposed amendments through Addendum Report Page 1 of 15 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2019-XXX Being a By-law to license and regulate the operation of private transportation services in the Municipality of Clarington. WHEREAS Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Act”) provides that a municipality may provide for a system of licences with respect to a business; AND WHEREAS Section 156 of the Act provides a local municipality with the specific licensing authority with respect to owners and drivers of taxicabs; AND WHEREAS the Council of The Corporation of the Municipality of Clarington has determined that it is appropriate and desirable to license taxicabs, limousines, transportation network vehicles, and designated driving services for the purpose of ensuring the health and safety of both passengers and drivers, for the protection of persons and property, for promoting a fair and competitive private transportation industry, and to ensure consumer protection; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: DEFINITIONS 1. In this by-law, “App” means a mobile application that can be downloaded onto or accessed on a mobile telecommunication device and used to request the services of a Vehicle-for-Hire within the Municipality; “Broker” means a Person who facilitates, dispatches, or accepts a request for the services of a Vehicle-for-Hire originating within the Municipality; “Driver” means a Person who operates a Vehicle-for-Hire; “Enforcement Officer” means a Provincial Offences Officer as defined under the Provincial Offences Act, R.S.O. 1990, c. P.33; “Licence” means a licence issued under this by-law; “Licensee” means a person holding a Licence in accordance with this by-law; Page 244 Vehicle for Hire By-law By-law 2019-xxx Page 2 of 15 “Limousine” means a Vehicle-for-Hire that does not have a Metering Device and is not a TNV; Page 245 Vehicle for Hire By-law By-law 2019-xxx Page 3 of 15 “Metering Device” means a meter, instrument, or other apparatus affixed to a motor vehicle that measures the distance driven and waiting time; “Municipality” means The Corporation of the Municipality of Clarington, or its geographical area as the context requires; “Person” means an individual or a corporation, and “Persons” has a corresponding meaning; “Plate” means a sign affixed to a vehicle displaying a series of letters or numbers indicating that the vehicle has been approved by the Municipality to operate as a Taxicab; “Street Hail” means any appeal made directly to a Driver for the services of a Vehicle-for-Hire using sounds, words, signs, or gestures; “Tariff Card” means a card issued by the Municipality for display in each Taxicab which contains the rates of fare then in force; “Taxicab” means a Vehicle-for-Hire equipped with a Metering Device which has seating for not more than seven people by way of persons requesting services through a Broker or street hail; “Transportation Network Vehicle” or “TNV” means a Vehicle-for-Hire that accepts fares exclusively through the use of an App; “Trip Record” means a record of the following information as it relates to trips provided by a Driver operating a Vehicle-for-Hire: o Provincial Motor Vehicle Permit Number of the Vehicle-for-Hire; o Licence plate number of the Vehicle-for-Hire; o Name, address and Licence number of the Driver; o Metering Device readings at the start and finish of a Taxicab Driver’s shift, if applicable; o Date, time and location of the beginning and termination of each trip, including any stops requested by a Passenger en route; and o Amount of all rates and fares collected for each trip; and “Vehicle-for-Hire” means a motor vehicle used for the business of private, pre- arranged transportation services from any place within the Municipality to a destination either within or outside of the Municipality. Page 246 Vehicle for Hire By-law By-law 2019-xxx Page 4 of 15 PROHIBITIONS 2. No Person shall be a Broker without a valid Licen ce. 3. No Broker shall contravene any term or condition applicable to their Licence. 4. No Person shall operate a Vehicle-for-Hire unless they are a Licensed Broker or an employee, agent, or contractor of a Licensed Broker. 5. No Driver of a Limousine or TNV shall accept Street Hails or solicit business at a Taxicab Stand. 6. No Person shall be a Driver unless they are at least 18 years of age. 7. No Person shall be a Driver unless they have a valid Ontario Driver’s Licence. 8. No Driver shall operate a Vehicle-For-Hire for more than eighteen hours in any twenty-four hour period. 9. No Person shall obscure a Metering Device from the view of a customer. 10. No Driver shall operate a Taxicab unless the Metering Device is in proper working order. 11. No Driver shall operate a Taxicab without a valid Plate, issued by the Municipal Clerk, and obtained through a licensed Broker, security affixed to the right rear bumper of the Taxicab. 12. No Driver shall engage a Metering Device prior to the customer’s entry to the Taxicab. 13. No Driver shall fail to display identification information, including the Driver’s name, their Broker’s name, and a facial photograph of the Driver, in a clear and conspicuous location visible to every customer. 14. No Person shall refuse a fare on the grounds of race, colour, ancestry, creed, religion, place of origin, ethnic origin, citizenship, sex (including pregnancy and gender identity), sexual orientation, age, marital status, family status, disability, or receipt of public assistance. 15. No Person, in respect of a Taxicab, shall charge a rate or fare in excess of the maximums listed in Schedule “D”. 16. No Person, in respect of a Vehicle-for-Hire, shall charge an additional fee for carriage of a mobility aid or a mobility assistive device. Page 247 Vehicle for Hire By-law By-law 2019-xxx Page 5 of 15 LICENCES 17. (1) Every application for a Licence shall be completed and submitted in the form established by the Municipal Clerk together with the applicable fee set out in Schedule “A” to this by-law. (2) The Municipal Clerk is authorized to request, and if requested, an applicant for a Licence shall provide, any information or materials reasonably required which may include but not be limited to the items enumerated in Schedule “B” to this by-law. (3) The Municipal Clerk may impose such terms and conditions on a Licence that the Municipal Clerk, acting reasonably, considers to be appropriate, and which shall include but not be limited to the items enumerated in Schedule “C” to this by-law. 18. The Municipal Clerk, acting reasonably, may approve or refuse any application for a Licence and the decision of the Municipal Clerk is final. 19. A Licence is valid from the date of issuance until the date of expiry, unless cancelled or revoked. 20. No Person shall transfer or assign to any other person, a Licence issued under this by-law. 21. The Municipal Clerk may issue a replacement Licence or Plate if satisfied that the original has been lost or stolen, subject to the applicable fee set out in Schedule “A” of this by-law. 22. The Municipal Clerk may cancel or revoke a Licence if it was issued in error, based on false information, or if the Licensee fails to comply with a term or condition applicable to their Licence or any provision of this by-law. 23. Notwithstanding the fees established in Schedule “A” of this by-law, where a Broker who can show that they have operated an accessible vehicle-for-hire over the previous 12 months, and can demonstrate that they have fulfilled a reasonable number of trip requests for persons with disabilities, , is eligible to a fee that is one half the amount listed in Schedule “A”. TAXICAB VEHICLE PLATES 24. A Plate issued to a Broker shall remain the property of the Municipality. 25. No Person shall enjoy a vested right in the continuance of a Licence. DRIVERS Page 248 Vehicle for Hire By-law By-law 2019-xxx Page 6 of 15 26. Every Driver shall ensure the environment of the vehicle is free of any substance, material, or odour that a reasonable person would find noxious or unpleasant, including but not limited to tobacco smoke. 27. Every Driver shall follow the shortest route to the destination unless the customer verbally directs otherwise or an alternate route is agreed to via an App. NOTICE OF CHANGE OF INFORMATION 28. A Licensee shall notify the Municipal Clerk in writing within ten business days of any change of information submitted with the Licence application, and shall pay the applicable fee as set out in Schedule “A” to this by-law 29. A Licensee shall, upon the request of the Municipal Clerk, surrender a Licence for the purpose of amendment. 30. A Licensee shall provide the Municipality with no less than thirty (30) days prior written notice of any cancellation, variation, replacement policy document, or expiration of any policy of insurance required under this by-law. ENFORCEMENT 31. Where any Person contravenes any provision of this By-law, an Enforcement Officer may direct such Person to comply with this By-law. Every Person so directed shall comply with such direction without delay. If satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, an enforcement Officer is authorized to suspend a Licence for a period not to exceed 14 days. POWERS OF ENTRY 32. An Enforcement Officer, whether alone or accompanied by an individual possessing special or expert knowledge or skills, may enter on land that is occupied by a Person who requires a Licence under this By-law at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. Page 249 Vehicle for Hire By-law By-law 2019-xxx Page 7 of 15 33. For the purposes of an inspection under this By-law, an Enforcement Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 34. In addition to any other provision of this By-law, and subject to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the peace may issue an order authorizing the Municipality to enter on land, including a room or place actually being used as a dwelling, for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. OBSTRUCTION 35. No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement Officer from lawfully carrying out a power, duty or direction under this By-law. OFFENCES 36. Every Person, other than a corporation who contravenes any provision of this By- law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction. 37. Every corporation which contravenes any provision of this By-law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence, and not more than $100,000 for any subsequent conviction. Page 250 Vehicle for Hire By-law By-law 2019-xxx Page 8 of 15 38. Without limiting any other section of this By-law, every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33. 39. If any Person is in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected. 40. Where any Person contravenes any provision of this By-law, such Person shall be responsible for all costs incurred by the Municipality directly related to the contravention. SEVERABILITY 41. If any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of the Municipal Council to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all remaining sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect. CONFLICT 42. In the event of a conflict between any provision of this By-law and any applicable Act or regulation, the provision that is the most restrictive prevails. SCHEDULES 43. The following Schedules are attached to and form an integral part of this by-law:  Schedule “A” – Fees  Schedule “B” – Information to be Submitted with a Licence Application  Schedule “C” – Terms and Conditions of a Licence  Schedule “D” – Maximum Taxicab Tariffs  Schedule “E” – Set Fines EFFECTIVE DATE 44. This by-law shall come into force and take effect on [Month] [Day], 2019. 45. By-law 2005-205, as amended is repealed on the date this by-law comes into force and effect. Page 251 Vehicle for Hire By-law By-law 2019-xxx Page 9 of 15 SHORT TITLE 46. This by-law may be referred to as the “Vehicle-for-Hire By-law”. Passed in Open Session this day of , 2019 _________________________ Mayor Adrian Foster ________________________ C. Anne Greentree Municipal Clerk Page 252 Vehicle for Hire By-law By-law 2019-xxx Page 10 of 15 Schedule “A” - Fees Item Fee Taxicab/Limousine Broker Licence $1,500.00 TNV Broker Licence $25,000.00 Replacement Plate $10.00 Broker information update (during term of licence) $25.00 Page 253 Vehicle for Hire By-law By-law 2019-xxx Page 11 of 15 Schedule “B” – Information to be Submitted with Licence Application The information and materials to be submitted with an application for a Licence shall include but not be limited to: (a) The applicant’s legal name and any associated business name(s), telephone number, email address, and business address; (b) If the applicant is an individual, a Criminal Information Record check dated not more than thirty (30) days prior to the application date; (c) If the applicant is an individual, proof that they are 18 years of age or older; (d) Commercial General Liability insurance submitted on the prescribed form with the Municipality as an additional insured subject to limits of not less than Five Million Dollars ($5,000,000) inclusive per occurrence for bodily injury, death and damage to property including loss of use; and (e) In addition to the requirements set out above, every application for a TNC Broker Licence shall include non-owned automobile insurance with limits of no less than Two Million Dollars ($2,000,000) per occurrence. Page 254 Vehicle for Hire By-law By-law 2019-xxx Page 12 of 15 Schedule “C” – Terms and Conditions of a Licence The terms and conditions applicable to a Licence include but are not limited to the following: (1) A Broker shall keep a Trip Record of every dispatch it makes of a Vehicle-for- Hire, and the Broker shall retain each record for a period not less than 12 months. (2) Upon the request of the Municipality, and within the timeframe indicated in the request, a Broker shall provide information pertaining to a specific Trip Record. A Broker shall also submit reports of aggregated and depersonalized Trip Record at regular intervals to be determined by the Municipality, acting reasonably. (3) A Broker shall keep a record of the number of requests for accessible services and the number of requests for accessible services which were fulfilled. (4) A Broker shall keep all records submitted to it by a Driver for a minimum of 2 years. (5) A Broker shall inform the customer of the estimated time of arrival of the Vehicle-for-hire to the customer’s location. (6) No Broker shall dispatch to a Driver: (a) who is less than eighteen (18) years of age; (b) who does not have a valid G class driver’s licence in good standing issued by the Province of Ontario permitting the Operation of a Vehicle-For-Hire; (c) with less than two years of driving experience; (d) who has failed to submit, no less frequently than on an annual basis, a driver’s abstract issued by the Ontario Ministry of Transportation. (e) who has been convicted in the previous three years of a Highway Traffic Act offence carrying more than four (4) demerit points or has accumulated more than eight (8) demerit points in total; (f) who has failed to submit, no less frequently than on an annual basis, proof of a clean and up-to-date police reference check or a reference check that is otherwise satisfactory to the Municipal Clerk; subject to a right of review by Council. (7) A Broker shall operate in compliance with all Federal, Provincial, and municipal laws, including the Highway Traffic Act and the Accessibility for Ontarians with Disabilities Act, 2005. Page 255 Vehicle for Hire By-law By-law 2019-xxx Page 13 of 15 (8) A Taxicab Broker shall ensure that: (a) a current tariff card is issued to each dispatch Driver and displayed in a conspicuous place in the vehicle; (b) the Metering Device is illuminated between sunset and sunrise; (c) the Metering Device is operational, sealed and calibrated to comply with the maximum tariffs established by the Municipality; (d) The correct Plate issued by the Municipality is affixed to the right rear bumper of the vehicle. (9) For every vehicle dispatched by a Broker, that Broker shall keep the following records: (a) The legal name and contact information for the Driver; (b) A current copy of the vehicle registration issued by the Ontario Ministry of Transportation; (c) A current and valid Ontario Ministry of Transportation Safety Standards Certificate issued in the previous 12 months; (d) For a Vehicle-for-Hire that is of a model that is 10 years or older, proof of vehicle inspection annually within the previous 90 days by a Municipal Law Enforcement Officer or a suitable alternate; (e) If the vehicle is a Taxicab, acceptable confirmation that the vehicle is equipped with a calibrated and properly functional Metering Device. (f) Proof of current Automobile Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) inclusive per occurrence for bodily injury, death and damage to property and standard accident benefits ; and (g) If the vehicle is accessible, proof that any lifting device affixed to the vehicle is compliant with relevant safety standards, to the satisfaction of the Municipal Clerk. Page 256 Vehicle for Hire By-law By-law 2019-xxx Page 14 of 15 Schedule “D” - Maximum Taxicab Tariffs Drop Rate (for the first 100m or part thereof) $3.00 For each additional 100m or part thereof $0.25 Waiting time while under hire per minute $0.45 Additional passengers in excess of four, aged 9 and over $0.40 All tariffs inclusive of HST Page 257 Vehicle for Hire By-law By-law 2019-xxx Page 15 of 15 Schedule “E” - Set Fines Page 258 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 2019-070 Being a By-law to exempt a certain portion of Registered Plan 40M-2617 from Part Lot Control Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 3 inclusive in Plan 40M-2617 registered at the Land Titles Division of Whitby (File # ZBA2019-0018); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to Block 3 in Plan 40M-2617 inclusive. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on December 10, 2022. Passed in Open Council this 9th day of December, 2019 _____________________________________ Adrian Foster, Mayor _____________________________________ C. 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EY ROAD I R E L A ND ST RE E T µ Part Lot Control Location Map ZBA2019-0018 Area Subject To Zoning By-Law ZBA2019-0018106 - 116 Elephant Hill Drive Newcastle401401 401 35 & 1 1 5 Ne w t o n v i l l e R d Li b e r t y S t Bo w m a n v i l l e A v e n u e 407 Co u r t i c e R d Region a l Rd 2 Regional Rd 2 35 & 1 1 5 L a k e O n t a r i o King St Courtice Bowmanville Orono Solina Newtonville Enniskillen Hampton Burketon Tyrone Leskard Mitchell Corners Kendal Haydon MapleGrove Kirby Brownsville Enfield(Bowmanville) 106 - 116 Elephant Hill Drive, Bowmanville 11 6 11 4 11 2 11 0 10 8 10 6 Page 260 Presentations and Handouts Service Excellence for our Communities Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region Municipality of Clarington Council December 9, 2019 Service Excellence for our Communities GO East Extension –“The 4 Options” 2 Service Excellence for our Communities Council Resolution •Undertake a Transit Oriented Development Evaluation exercise of the 4 Options: •Retain N. Barry Lyon Consultants (NBLC), to examine the potential impact of route alignments on private sector investment at proposed GO Station locations along the GO East Extension to Bowmanville •apprise the Region on the findings and recommendations in the Transit Oriented Development Evaluation upon its completion 3 San Francisco by the Bay – City of Pickering Service Excellence for our Communities •The creation of compact, walkable, pedestrian oriented, mixed-use communities centred around high quality transit systems. •Benefits: •place-making •enhancing housing choice and affordability •supporting affordability -reducing the need for a vehicle •improving connections to employment and local services •optimizing the value of transit •improving public health through reduced GHG emissions •reducing congestion on the roads •stimulating investment •alternative to urban expansion •increasing land values Transit Oriented Development 4 Service Excellence for our Communities •Real estate markets value walkable access to high- order transit that is frequent, affordable, and reliable, but it needs the following: •strong market fundamentals •population growth •development economics •supportive planning framework •local context •available development sites •Changes Market Demand •increases demand •increases pricing Impact of Transit on Real Estate 5 Service Excellence for our Communities Existing and Approved Developments 6 Number of residential units either existing, under construction or being actively marketed within 1,000 metres of Lakeshore GO Stations •Stations along the existing GO Lakeshore East and West rail lines: •focal points for development •activity at Pickering among the highest along the route •untapped development opportunities are along the existing line in Durham Service Excellence for our Communities Proposed Development 7 •Active development applications along the existing GO East: •reveals additional opportunities at Pickering and Whitby •exceeds levels of development being proposed elsewhere along the line Number of proposed residential units within 1,000 metres of Lakeshore GO Stations Service Excellence for our Communities Development Around Major Transit Stations 8 •Long term trend toward increasing residential units being developed in proximity of the Lakeshore GO Line •pace of development has been most pronounced over the past five years Service Excellence for our Communities Study Approach 9 Service Excellence for our Communities Qualitative Review 10 Service Excellence for our Communities Thornton’s Corners 1111 Service Excellence for our Communities Central Oshawa 1212 Service Excellence for our Communities Courtice 13 Service Excellence for our Communities Central Bowmanville 14 Service Excellence for our Communities Waverley/Bowmanville Ave. S. 15 Service Excellence for our Communities Ritson South 16 Service Excellence for our Communities Oshawa GO (existing) 17 Service Excellence for our Communities Summary of Alignment Options 18 Service Excellence for our Communities •Leadership •provide focus, keep the work plan on track, develop partnerships, sustain advocacy •Detailed planning •advance TOD feasibility and how each station needs to develop •Fiscal impact •quantify costs associated with transit construction and TOD •determine land value / property tax uplift to capture for financing •establish how much funding the public sector will need to contribute to the project •Timing and phasing •understand how and when financing may be required in relation to construction timing Four Key Issues 19 Service Excellence for our Communities Rapid Transit Implementation/ Transit Oriented Development Office 20 •Dedicated leadership, staff oversight and co-ordination: •develop and coordinate detailed planning and fiscal impact work •liaise with Metrolinx and other stakeholders on the implementation, scope and timing of detailed project plans •provide input and recommendations on the timing and delivery of infrastructure projects •manage & coordinate consistent TOD centred communication •lead advocacy initiatives to support TOD •develop partnerships with agencies and the private sector so that development projects are consistent with the advancement of TOD principles •work with Regional Finance to investigate and recommend land value capture techniques •explore a land acquisition strategy Service Excellence for our Communities Approaching Land Value Capture 21 •Mechanisms to leverage increases in land value to support transit related infrastructure projects: •property tax •development charges •partnerships •voluntary front-ending agreements •public acquisition of land •Opportunity to introduce appropriate mechanisms when tied to planning permissions Service Excellence for our Communities Envision Durham –Major Transit Station Areas 22 •Develop detailed policies for Major Transit Station Areas (MTSAs) •Provincial Growth Plan: •upper-tier municipalities may delineate the boundaries of MTSAs and identify minimum density targets for MTSAs in advance of the next municipal comprehensive review •minimum density target of 150 residents/jobs combined per hectare •plan for a diverse mix of uses, including affordable housing, to support transit •foster collaboration between public and private sectors •provide alternative development standards, such as reduced parking standards •prohibit uses and built form that adversely affect achieving transit-supportive densities Service Excellence for our Communities Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region Municipality of Clarington Council December 9, 2019 Annual Report Durham Region Energy From Waste -Waste Management Advisory Committee (EFW –WMAC) Presentation to Clarington Council Date: December 9, 2019 Committee Members 2016 / 2017 ´* George Rocoski (Chair) –Oshawa ´Sami Elhajjeh (Vice Chair) –Clarington ´William Basztyk –Brock ´* Wendy Bracken –Clarington ´* Anna-Marie Burrows –Ajax ´Theresa Farrell –Brock ´Clayton McLean –Ajax ´Kerry Meydam –Clarington ´Harri Sukhu –Clarington * Returning Members 2019 Committee Meetings ´Tuesday April 23 ´Presentation –M. Januszkiewicz, Director Waste Management Services, Regional Municipality of Durham ´Administrative matters related to the Durham Region Energy From Waste –Waste Management Advisory Committee (EFW –WMAC) ´Update –G. Anello, Manager Waste Planning and Technical Services, Regional Municipality of Durham ´Update regarding the operation of the Durham York Energy Centre (DYEC) including recent repairs and upcoming annual source testing ´Additional discussion pertaining to AMESA correlation and proposed facility expansion 2019 Committee Meetings ´Tuesday May 28 ´Election of Chair and Vice-Chair ´Update –G. Anello, Manager Waste Planning and Technical Services, Regional Municipality of Durham ´Update regarding the operation of the Durham York Energy Centre (DYEC) ´Update regarding Organics Management 2019 Committee Meetings ´Tuesday May 28 ´Motion to Works Committee and subsequent recommendation to Regional Council ´That the decision on Recommendation C) of Report 2019-COW-3: “That staff be authorized to commence the Environmental Assessment (EA) for the Durham York Energy Centre (DYEC) expansion to process 250,000 tonnes per year, including retaining consulting assistance at a cost not to exceed $60,000, subject to the finalization of the 2019 Solid Waste Management Business Plans and Budgets”, be deferred until after there has been public consultation on the long-term waste management strategy; after the EFW –WMAC has had a presentation on the Solid Waste Management Servicing and Finance Study; and after a report is presented to Works Committee and Regional Council regarding the impacts of the DYEC that is referenced on Page 5 of Report #2019-COW-8: Organics Management Update and Next Steps ´Motion carried ´Presented to Works Committee on September 4, 2019 and received for information 2019 Committee Meetings ´Tuesday September 24 ´Presentations –G. Anello, Manager Waste Planning and Technical Services, Regional Municipality of Durham ´2019 Solid Waste Management Servicing and Finance Study ´DYEC Streamlined Environmental Assessment (increase from 140,000 to 160,000 tonnes per year) ´Draft Terms of Reference for the DYEC expansion to 250,000 tonnes per year ´Update –G. Anello, Manager Waste Planning and Technical Services, Regional Municipality of Durham ´Operations at the DYEC ´Organics Management ´Update –M. Januszkiewicz, Director Waste Management Services, Regional Municipality of Durham ´Transition of Blue Box to Extended Producer Responsibility 2019 Committee Meetings ´Tuesday November 26 ´Presentations –W. Bracken, Member Energy From Waste –Waste Management Advisory Committee (EFW –WMAC) ´Concerns with Ambient Air Quality and Standards ´Concerns with AMESA Long –Term Sampling System ´Update –G. Anello, Manager Waste Planning and Technical Services, Regional Municipality of Durham ´Operations at the DYEC ´Organics Management 2019 Summary ´Introduction of new committee members and election of Chair and Vice Chair ´Tours of Durham York Energy Centre (DYEC) ´Participation in meeting with Ontario Ministry of Environment, Conservation and Parks (MECP) with Clarington Council ´Updates on the progress of the Organics Management proposal in Durham ´Updates on operation of DYEC ´Presentation and updates on Environmental Assessment processes for the expansion of the DYEC 2020 Anticipated Areas of Interest ´Tours of several waste management facilities (multi-material recovery facility, composting facility, transfer station) ´Monitoring the progress of the Organics Management work ´Attendance at 2020 Compost Give-Away, WEEE and MSHW events (TBC)