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Home My WebLink About09/23/2019 General Government Committee Revised Agenda Date:September 23, 2019 Time:9:30 AM 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: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net *Late Item added after the Agenda was published. Pages 1.Call to Order *1.1 Takako Ito, Consul General of Japan, Regarding Japan-Canada Relations 5 2.New Business – Introduction Members of Committee are encouraged to provide the Clerk’s Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3.Adopt the Agenda 4.Declaration of Interest 5.Announcements 6.Adoption of Minutes of Previous Meeting 6.1 Minutes of the Joint General Government and Planning and Development Committee September 9, 2019 29 7.Delegations 7.1 DJ Nascimento, Mosey & Mosey, Regarding Report COD-016-19, Health Benefit Program Renewal 2019 *7.2 Donna Lanigan regarding Green Bins in Clarington 8.Communications – Receive for Information 8.1 Minutes of the Newcastle Business Improvement Area dated September 12, 2019 54 9.Communications – Direction 9.1 Memo from George Acorn, Acting Director of Community Services, Regarding Land Acknowledgement Statement - Update 57 (Motion to Approve Report Extension to October 15, 2019 General Government Committee meeting) Page 2 9.2 Christine Tarling, Director of Legislated Services & City Clerk, City of Kitchener, Regarding Producer Requirements for Packaging in Ontario 58 (Motion to Endorse) 9.3 Christine Tarling, Director of Legislated Services& City Clerk, City of Kitchener, regarding Christine Tarling, Director of Legislated Services& City Clerk, City of Kitchener, regarding Single-use Disposable Wipes (Motion to Endorse) 9.4 Sharon Baird and Les Gariscsak, Regarding an Amendment to By-law 2015-047, The Discharge and Sale of Fireworks 60 (Motion for Direction) 9.5 Julie Bouthillette, CAO/Clerk-Treasurer, Township of Larder Lake, Regarding Electronic Delegations 62 (Motion for Direction) *9.6 Chris Darling, Chief Administrative Officer, CLOCA, regarding Changes to the Conservation Authorities Act 63 (Motion for Direction) *9.7 Christine McSorley, Newcastle's of the World, Municipality of Clarington Representative at the Newcastle of the World Conference 2020 69 Referred Oct 7 Council 10.Presentations 10.1 Takako Ito, Consul General of Japan, Regarding Japan-Canada Relations 11.Engineering Services Department Reports No Reports for this section of the Agenda. 12.Operations Department Reports No Reports for this section of the Agenda. 13.Emergency and Fire Services Department Reports No Reports for this section of the Agenda. 14.Community Services Department Reports Page 3 14.1 CSD-008-19 Single Use Plastics in Municipal Buildings 71 15.Municipal Clerk’s Department Reports 15.1 CLD-019-19 Appointments to Fill Vacancies on Various Boards and Committees 75 15.2 CLD-020-19 New Legislation Regarding Drinking in Parks (i.e. Tailgate Parties) 80 16.Corporate Services Department Reports 16.1 COD-014-19 Benefits Cost Containment Best Practices 94 16.2 COD-015-19 Supply and Deliver Two Single Axle Cab and Chassis Trucks with Snow Plow, Wing and U Body Dump Spreader 108 16.3 COD-016-19 Health Benefit Program Renewal 2019 112 16.4 COD-017-19 Bill 66 Concern Raised by Carpenters’ Union Local 27 124 16.5 COD-018-19 CL2019-21 Waterfront Trail Upgrades 141 17.Finance Department Reports No Reports for this section of the Agenda. 18.Solicitor’s Department Reports No Reports for this section of the Agenda. 19.Chief Administrative Office Reports 19.1 CAO-010-19 Cedar Crest Beach Update 149 Refer to Nov 25 GGC 20.New Business – Consideration *20.1 Stop Sign on Prestonvale Road 21.Unfinished Business 22.Confidential Reports 23.Adjournment Page 4 Takako Ito Consul-General of Japan in Toronto September 23, 2019 Doing Business with Japan City of Clarington 1Page 5 Why is Canada important to Japan? Prime Minister Abe with Prime Minister Trudeau in Ottawa, April 2019 (Photo: Prime Minister of Japan and His Cabinet) Embassy of Japan in Ottawa Embassy of Canada in Tokyo 2 Japan –Canada Bilateral Relations •Japan and Canada share values and a common vision for a more prosperous and peaceful world: Democracy, Human Rights, Free & Open Economy, Rule of Law, etc. •Canada is a major developed country which is politically stable, increasingly interested in Asia Pacific. •Canada has abundant natural resources, advanced technologies and industries including well-developed service sector. Page 6 Canada Japan Population 37,058,856 (Sept. 2018)127,185,332 (2018) The total land area 9,984,670㎢ ×27= 377,972㎢ ×2.8= Population density 3.9/㎢ 349/㎢ GDP 1.6 Trillion USD (2017) $$ 4.9 Trillion USD (2017) $$$$$ GDP per Capita 46,261 USD (2018)39,306 USD（2018） Energy Self-Sufficiency Rate 174.4% (2016)8.4% (2016) Food Self-Sufficiency (Calorie Base) 264% (2013)38%(2017) Japan –Canada Data Comparison 3Page 7 Major Industries (breakdown of GDP by industry) Average life span 81.9 (2017)【M-79.3,F-84.7】85.3 (2017)【M-81.9,F-88.8】 Political System Constitutional Monarchy -House of Commons: 338 (4 years) -Senate: 105 (appointive, retirement age:75) Constitutional Monarchy -House of Representatives:465(4years) -House of Councilors:242(6years) *Small constituency + proportional rep. Canada Japan Service 70% Manufacturing 10% Construction 7% Mining 8% Agriculture 2% Service 71% Manufacturing 21% Construction 7%Agriculture 1% -Wholesaling, Retailing -Real Estate Business -Finance, Insurance -Communication -Wholesaling, Retailing -Real Estate Business -Communication -Finance, Insurance -Medical service Executive Legislative Judicial People 4Page 8 (Source: Global Affairs Canada) 838 Japanese companies in Canada (2018) 286 Japanese companies in Ontario (2018) Japan –Canada Economic Relations $16.8 Billion (CAD) $12.8 Billion (CAD) Goods Trade (2018) Direct Investment (2018) $28.9 Billion (CAD) $7.6 Billion (CAD) 5Page 9 Canada’s Trade with Japan (2018), Billion CAD $ Billion (CAD) Exports from JapanImports from Japan Total $12.8 Billion (CAD) Japan –Canada Economic Relations Total $16.8 Billion (CAD) 6Page 10 Trade (2018) Automobile Canada’s Export PartnersCanada’s Import Partners Japan –Canada Economic Relations 0 200,000 400,000 600,000 800,000 2011 2012 2013 2014 2015 2016 2017 2018 Light Vehicle Production in Ontario (units) Honda Toyota GM Ford FCA 7Page 11 Steadily-growing Economy under Abenomics Japan's GDP continues to grow under Abenomics (14.4% over the last 7 years. Japan’s Economic Strength Source: Government of Japan (2018) Before and After Abenomics (2012 Versus 2018) 8 Nominal GDP 61JPY tn (12.4%) 493 JPY tn → 554 JPY tn Number of Employed Persons (Female)3.8mm (2.9mm) 62.7mm (26.6mm) → 66.6mm (29.5mm) Corporate Pre-tax Profit 41.3JPY tn 39.7 JPY tn → 81.0JPY tn Record high Tax Revenue 28JPY tn 78.7 JPY tn →107.0 JPY tn Record high Inbound Tourists to Japan 22.8mm 8.4 mm → 31.2 mm Record high Unemployment Rate 2.4 % 4.5 %→ 2.4 % Page 12 Large and Sophisticated Market GDP: $4.9 Trillion USD (2018) → the 3rd largest in the world . 52 companies out of the “Fortune 500” have their HQ in Japan, citing “the massive size of market” as an attractive advantage. Japan's regional economies have GDPs equal to some countries’ national GDPs (2016). Japan’s Economic Strength Canada 1,535.8 9Page 13 World-class research funding and number of researchers •Research funding as a percentage of GDP (3.56%) •Number of researchers per 10,000 people (52.1, G7 comparison) •Numbers of patents registered 23 Prizewinners in recent years Tasuku Honjo 2018 in Physiology or Medicine Yoshinori Ohsumi 2016 in Physiology or Medicine Satoshi Omura 2015 in Physiology or Medicine Takaaki Kajita 2015 in Physics Isamu Akasaki 2014 in Physics Hiroshi Amano 2014 in Physics Shuji Nakamura 2014 in Physics Japan’s Economic Strength winners in scientific fields 10Page 14 Business-Friendly Infrastructure Japan’s business environment is highly evaluated by the World Economic Forum (2016-2017). Low infrastructure fees…. Japan’s Economic Strength 11Page 15 World-class transportation infrastructure Nearly 62% of foreign companies in Japan validate well-maintained service and transportation infrastructure as an advantage. Airports with international flights in service:51 Annual railway passengers: 24.3 billion Number of shinkansen (bullet train) departures from Tokyo station per hour: 15 Average shinkansen delay time: 36 seconds (annual operation of 120,000 trains) Japan’s Economic Strength 12Page 16 13Page 17 A safe and peaceful country 106 foreign companies out of 209 cited "social stability" as a strength of Japan’s business environment. Japan’s Economic Strength Crime Rate in 2017 (per 100,000 people) Canada 5,334 cases 5.30% Japan 722 cases 0.72% 14Page 18 •Shortened investment procedures •Acceleration of status of residency examinations •Indefinite period of stay for highly skilled foreign professionals •Subsidy program for the costs of foreign companies setting up innovation centers •Enhance R&D Tax Credit System to deduct R&D expenses from corporate tax •Corporate tax credit for companies with new employment of 5 or more •Reduction of patent fees Incentives by the National Government 15Page 19 •Market size and growth potential •Highly educated/skilled population (workforce) •Accumulated customers/suppliers •More transparent and streamlined temporary visa issuance •Attractive tax levels and incentives •Proximity and easy access to major markets •More leeway in P3 partnerships with government, more control over projects •Reasonable land costs •Pro-Japanese sentiments What Japanese companies look for overseas expansion According to 2018 JETRO polls: •51.1% of Japanese companies plan to expand their overseas business (esp. medical, cosmetics, apparel, chemical) •Over 80% wish to expand sales abroad •About half of Japanese companies employ foreigners to help expand sales and improve negotiations with foreign businesses 16Page 20 CPTPP •Major trading bloc comprising 11 countries representing 495 million people and a combined GDP of $13.5 trillion. •The elimination of tariffs ensures a free, open and rule-based economic system, and provides Canadian exporters across a broad range of sectors in all provinces and territories with new opportunities in key foreign markets, and vice-versa. •Particularly beneficial for exports to Japan, where the elimination of tariffs will give Canada a “first mover” advantage in the market (i.e. over U.S. exporters). •Covers not only trade in goods, but also trade in services, government procurement, e-commerce, intellectual property, etc. Government’s Forecast of Economic Effect of CPTPP •Economy: +1.5% of real GDP (about 71.4 billion USD) •Job Creation: +0.7% of real GDP (about 460,000 jobs) Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Source: Government of Canada 17Page 21 JETRO JETRO is a government-related organization working to promote mutual trade and investment between Japan and the rest of the world. JETRO's Invest Japan Department focuses on promoting foreign direct investment in Japan and assisting foreign-affiliated companies already in country to further expand their investments within Japan. 18Page 22 Support from JETRO 19Page 23 ●The Japan Exchange and Teaching Programme （JET Programme) ●MEXT Scholarship ●KAKEHASHI Project People to People Exchange 20Page 24 21 Sister-City Relations between Japan and Ontario Page 25 22 Organizations Promoting Japanese Culture in Ontario Japanese Canadian Cultural Centre www.jccc.on.ca The Japan Foundation, Toronto https://jftor.org The Japan Society www.japansocietycanada.com Canada Japan Society canadajapansociety.blogspot.com Page 26 23 Sign Up for our Cultural Mailing List! Consulate-General of japan in Toronto holds various cultural events and presentations through the year. If you would like to be notified of them, please send your name and e- mail address to culturaleventcgto@to.mofa.go.jp Page 27 24Page 28 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: Time: Location: September 9, 2019 9:30 AM 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, and Councillor M. Zwart Staff Present: A. Allison, G. Acorn (left the meeting at 3:35PM), T. Cannella (left the meeting at 3:35PM), F. Horvath (left the meeting at 3:35PM), R. Maciver, M. Marano, C. Pellarin, T. Pinn (left the meeting at 3:35PM), G. Weir (left the meeting at 3:35PM), J. Gallagher, S. Gray _____________________________________________________________________ 1.Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2.New Business – Introduction Councillor Neal asked that a new business item, regarding Zone Clarington, be added to the New Business – Consideration section of the agenda. Councillor Neal asked that a new business item, regarding St. Mary's Cement Testing, be added to the New Business – Consideration section of the agenda. Councillor Neal asked that a new business item, regarding a Personnel Matter, be added to the New Business – Consideration section of the agenda. Councillor Neal asked that a new business item, regarding Tooley Road Trees, be added to the New Business – Consideration section of the agenda. Mayor Foster asked that a new business item, regarding Zone Clarington, be added to the New Business – Consideration section of the agenda. Page 29 Joint Committees Minutes - September 9, 2019 2 3. Adopt the Agenda Resolution # JC-078-19 Moved by Councillor Jones Seconded by Councillor Hooper That the Agenda for the General Government and Planning and Development Committees meeting of September 9, 2019 be adopted with the addition of the new business items regarding:  Delegation of Katherine Warren  Zone Clarington  Tooley Road Trees  St. Mary's Cement  Personnel Matter Carried 4. Declaration of Interest Councillor Neal declared a direct interest in Report PSD-038-19, Residential Neighbourhood Character Study Update and Extension of Interim Control By-law 2018-083. Councillor Zwart declared a direct interest in Report PSD-038-19, Residential Neighbourhood Character Study Update and Extension of Interim Control By-law 2018-083. Councillor Zwart declared a direct interest in Report PSD-039-19, Exemption Request for 10 Victoria Street from Interim Control By-law. Councillor Hooper declared a direct interest in Report CLD-018-19, Parking in Municipal Parking Lots, Parking in Municipal Parking Lots. 5. Announcements Members of Committee announced upcoming community events and matters of community interest. Page 30 Joint Committees Minutes - September 9, 2019 3 6. Adoption of Minutes of Previous Meeting 6.1 Minutes of a Regular General Government Meeting of June 17, 2019 6.2 Minutes of a Regular Planning and Development Meeting of June 24, 2019 Resolution # JC-079-19 Moved by Councillor Traill Seconded by Councillor Neal That the minutes of the meetings of the General Government Committee meeting held on June 17, 2019 and the Planning and Development Committee meeting held on June 24, 2019, be approved. Carried 7. Public Meetings Councillor Neal Chaired this portion of the Agenda. 7.1 Application for a Proposed Clarington Official Plan and Zoning By-law Amendment Applicant: Werrcroft Farms Ltd. Report: PSD-032-19 Location: 8800 Middle Road, Darlington In the interest of expediency, Councillor Neal asked whether there was anyone present to speak in opposition to or in support of the application. No one was present to speak in opposition to or in support of the application. As a result, the Planner did not make a presentation. Hugh Stewart, was present on behalf of the applicant. He stated that he was available to answer questions from the Committee. 8. Delegations 8.1 Scott Parnell, Canadian Nuclear Laboratories, Regarding Port Granby Project Update Scott Parnell, General Manager, Canadian Nuclear Laboratories, was present regarding a Port Granby Project Update. He made a verbal presentation to accompany an electronic presentation. Mr. Parnell displayed a recent photo of the long term waste management facility site. He noted that they are continuing excavation and aim to be done by the end of November 2019. Mr. Parnell summarized the current work, future work, and the project schedule. He advised the Committee that their Canadian Nuclear Safety Commission Waste Nuclear Substance Licence was amended, in April, to reflect current release limits of treated water. Mr. Parnell mentioned that there will be two to five trucks a week, over the next couple years, transporting waste from the facility. He displayed Page 31 Joint Committees Minutes - September 9, 2019 4 photos of legacy waste management facilities that have been completed and revegetated. Mr. Parnell concluded by advising the Committee of the future plans. He answered questions from the Committee. Councillor Neal left the meeting at 9:50 am. Councillor Neal joined the meeting at 9:52 am. Resolution # JC-080-19 Moved by Councillor Zwart Seconded by Councillor Hooper That the Delegation of Scott Parnell, General Manager, Canadian Nuclear Laboratories, regarding a Port Granby Update, be received with thanks. Carried 8.2 Ornella Richichi, The Torgan Group, Report PSD-034-19 Regarding Request for Surplus Lands-Bowmanville Avenue Ornella Richichi, The Torgan Group, was present regarding Report PSD-034-19, Request for Surplus Lands Bowmanville Avenue. She advised the Committee that they are requesting that the adjacent municipal lands be incorporated into their development. Ms. Richichi stated that they will consult with Municipal staff to include a "Welcome to Clarington" sign. She advised the Committee that they are willing to work with staff to design a mutually acceptable landscape. Ms. Richichi requested that the lands be transferred back to Torgan Group at no cost. She answered questions from the Committee. 8.3 Ken Hoy, Amanda Hoy and Gord Wallace, Regarding Report PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control By-law Councillor Zwart declared an indirect interest on the Delegation of Ken Hoy and Gord Wallace, Regarding Report PSD-039-19, Exemption Request for 10 Victoria Street from Interim Control By-law. Councillor Zwart left the room and refrained from discussion and voting on this matter. Ken Hoy and Gord Wallace, were present regarding Report PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control By-law. Mr. Hoy provided the Committee with a history of his application for 10 Victoria Street and a history of the plan of subdivision. He explained that 10 Victoria Street is not unregistered, according to By-law 1614. Mr. Hoy displayed a plan of subdivision from June 30, 1869 and highlighted the subdivision in question. He answered questions from the Committee. Councillor Zwart returned to the meeting. Page 32 Joint Committees Minutes - September 9, 2019 5 8.4 Jim Boate, Regarding Unfinished Business Item 23.1 Farewell Creek Trail Phase 2 - Route Options Jim Boate, was present regarding Unfinished Business Item 23.1, Farewell Creek Trail Phase 2 - Route Options. Mr. Boate made a verbal presentation to accompany an electronic presentation. He explained that he has explored the connectivity of our community paths and trails that define the neighbourhoods in Clarington. Mr. Boate noted that he regularly walks the Municipality of Clarington's trails with Active 55+ seniors from April to September. He advised the Committee that as a member of the Clarington Active Transportation and Safe Roads Committee, he is in support of the proposed Farewell Creek Trail Phase 2 route. Mr. Boate explained that one of the major challenges on Phase -2 is getting up out of the valley and connecting to Townline Road. He advised the Committee that the route shown at the open house is the most practical way up and out. Mr. Boate noted that this option offers a gentle climb up to the street level, it will be more accessible to users with mobility devices, it has large radius turns, it takes into account the least amount of existing tree removal, and is the most cost effective. He displayed maps that show the proposed trail. Mr. Boate answered question from the Committee. 8.5 Ryan Guetter, Weston Consulting, Regarding Report PSD-033-19 Expansion of Clarington Energy Business Park Secondary Plan Study Area to include the Courtice Waterfront Ryan Guetter, Weston Consulting, was present regarding Report PSD-033-19, Expansion of Clarington Energy Business Park Secondary Plan Study Area to include the Courtice Waterfront. He explained that he was present on behalf of the owners and, after working with staff, they support the recommendations contained in the Report. Mr. Guetter noted that they will continue to work with staff and stakeholders throughout the application process. He answered questions from the Committee. Councillor Hooper left the meeting at 10:37 am. Councillor Hooper joined the meeting at 10:40 am. 8.6 Ryan Guetter, Weston Consulting, Regarding Report PSD-036-19 Application by National Homes (Prestonvale) Inc. to permit a 112 unit townhouse development at the northeast corner of Prestonvale Road and Bloor Street, Courtice Ryan Guetter, Weston Consulting, was present regarding Report PSD-036-19, Application by National Homes (Prestonvale) Inc. to permit a 112 unit townhouse development at the northeast corner of Prestonvale Road and Bloor Street, Courtice. He explained that, after review of the staff report, he is in support of the staff recommendations. He answered questions from the Committee. Page 33 Joint Committees Minutes - September 9, 2019 6 8.7 Katherine Warren, Regarding Report PSD-035-19, Intent to Pursue Heritage Designation for two (2) Properties: 120 Wellington Street, Bowmanville and 2503 Concession Road 8, Haydon Katherine Warren, was present regarding Report PSD-035-19, Intent to Pursue Heritage Designation for two (2) Properties: 120 Wellington Street, Bowmanville and 2503 Concession Road 8, Haydon. Ms. Warren explained that she was present in support of the staff recommendations contained in Report PSD-025- 19. She answered questions from the Committee. Recess Resolution # JC-081-19 Moved by Councillor Traill Seconded by Councillor Neal That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:20 AM with Mayor Foster in the Chair. 9. Communications – Receive for Information 9.2 Minutes of the Solina Community Hall Board dated June 20, 2019 Resolution # JC-082-19 Moved by Councillor Neal Seconded by Councillor Jones That Communication Items 9.1 to 9.4, be received for information, with the exception of items 9.1, 9.3 and 9.4. Carried 9.1 Minutes of the Newcastle Business Improvement Area dated April 11, May 9, June 13 and August 8, 2019 Resolution # JC-083-19 Moved by Councillor Neal Seconded by Councillor Traill That Communication Item 9.1, be received for information. Carried Page 34 Joint Committees Minutes - September 9, 2019 7 9.3 Durham Region Report #2019-EDT-10, Durham Economic Development Partnership Strategic Priorities Resolution # JC-084-19 Moved by Councillor Neal Seconded by Councillor Hooper That Communication Item 9.3, be received for information. Carried 9.4 Mary Watson, Board of Director, Bawaajigewin Aboriginal Community Circle (BACC), regarding Orange Shirt Day Resolution # JC-085-19 Moved by Councillor Hooper Seconded by Councillor Anderson That Communication Item 9.4, be received for information; and That a copy be forwarded to the Diversity Committee. Carried 10. Communications – Direction 10.1 Bradley Archambault, Regarding Bill 66 Restoring Ontario's Competitiveness Act Resolution # JC-086-19 Moved by Councillor Neal Seconded by Councillor Jones That Communication Item 10.1, be referred to staff to Report back. Carried 10.2 Tammy Wylie, Clerk Administrator, Township of McKellar, Regarding Municipal Amalgamation Resolution # JC-087-19 Moved by Councillor Neal Seconded by Councillor Traill That Communication Item 10.2, be received for information. Carried Page 35 Joint Committees Minutes - September 9, 2019 8 10.3 Amanda Gubbels, Administrator/Clerk, Town of Warwick, Regarding Enforcement for Safety on Family Farms Resolution # JC-088-19 Moved by Councillor Zwart Seconded by Councillor Hooper That the following resolution from the Town of Warwick, regarding Enforcement for Safety on Family Farms, be endorsed by the Municipality of Clarington: Whereas agriculture is the second largest industry in Ontario, contributing $13.7 billion annually to Ontario’s GDP and is essential for putting food on the tables of millions of people here and around the world; And whereas in recent months there has been a steady increase in harassment of farmers and livestock transporters by activists opposed to animal agriculture and the consumption of animals; And whereas the protests have become blatantly illegal in nature with extremist groups trespassing onto private property, unlawfully entering into buildings and removing animals without fear of prosecution and even promoting and publishing their crimes on social media; And whereas maintaining proper biosecurity is essential to ensure the health and well-being of the animals cared for on these agricultural operations; And whereas the recent attacks on farmers homes and businesses have resulted in no criminal charges laid, leaving farmers feeling unprotected by the Ontario legal system and afraid for the welfare of themselves, their families, their employees and the animals they care for; Now therefore be it resolved that the Council for the Corporation of the Township of Warwick requests that Hon. Doug Downey work with his fellow MPP’s and agricultural leaders to find a better way forward to ensure stronger enforcement of existing laws - or new legislation - to ensure the safety of Ontario’s farm families, employees and animals; And be it further resolved that this motion be circulated to Hon. Doug Downey, Ministry of the Attorney General, Hon. Doug Ford, Premier of Ontario, Hon. Sylvia Jones, Solicitor General and Hon. Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs and all Municipalities in the Province of Ontario, AMO, and ROMA. Carried Page 36 Joint Committees Minutes - September 9, 2019 9 10.4 Mary Medeiros, Interim City Clerk, City of Oshawa, Regarding Fire Safety during Construction Period of Wood Buildings Resolution # JC-089-19 Moved by Councillor Neal Seconded by Councillor Traill That the following resolution from the City of Oshawa, regarding Fire Safety during Construction Period of Wood Buildings, be endorsed by the Municipality of Clarington: Whereas in January of 2015, the Ontario Building Code was amended to allow building up to six stories in height to be constructed of wood; and, Whereas a building permit for the construction of a 14 unit, 4 storey, wood framed apartment building at 143 Bloor Street West was issued on November 30, 2018 in accordance with the regulations of the Ontario Building Code; and, Whereas during the construction period, a significant fire occurred at 143 Bloor Street West on June 9, 2019 which resulted in the destruction of the building under construction save and except for the concrete stairwell; and, Whereas the exterior cladding and balconies of neighbouring buildings and several nearby cars were also severely damaged as a result of the fire and residents in nearby buildings had to be evacuated; and, Whereas current Provincial Best Practice Safety Guidelines for the construction of buildings applies only to five and six storey wood buildings and is not applicable law; and, Whereas the Province is contemplating permitting 12-storey buildings with wood construction; and, Whereas both the City’s Chief Building Official and the Fire Chief strongly believe that the potential changes need to be reviewed and implemented by the Province to better protect the safety of the public and Fire Services staff for buildings that are 4 storeys or higher that are under construction and made of wood including a requirement for 24 hour security during the construction period; Therefore be it resolved: 1. That the Province of Ontario be requested to: a. Review the Best Practice Guideline entitled ‘Fire Safety during Construction for Five and Six Storey Wood Buildings in Ontario – A best Practice Guideline’ to ensure it is current and meets the fire safety needs of Ontario residents and require the Guideline to be mandatory as applicable law for the construction of all wood buildings with four or more storeys; and, Page 37 Joint Committees Minutes - September 9, 2019 10 b. Clarify that these requirements would not apply to wood build ings regulated under Part-9 of the Ontario Building Code, such as, townhouses, semi-detached and single detached dwellings that are three storeys or less in height; and c. Consult with the Large Municipalities Chief Building Officials group (LMCBO) and the Ontario Building Officials Association (OBOA) on changes to legislation including the Ontario Building Code to address this safety issue; and 2. That a copy of this Resolution be forwarded to the Region of Durham, all Durham Regional municipalities, all Durham Region M.P.’s and M.P.P’s, the Association of Municipalities of Ontario, the Large Urban Mayor’s Caucus of Ontario, the Federation of Canadian Municipalities, the Large Municipalities Chief Building Officials group, the Ontario Building Officials Association, the Ontario Association of Fire Chiefs and the City’s Building Industry Liaison Team. Carried 10.5 Bob Malone, Immediate Past President Newcastle/Bond Head Ratepayers Association, Regarding Train Whistle Cessation Resolution # JC-090-19 Moved by Councillor Hooper Seconded by Councillor Zwart That Communication Item 10.5, be referred to the Director of Engineering. Carried 11. Presentations No Presentations 12. Planning Services Reports Councillor Neal chaired this portion of the Agenda. 12.1 PSD-032-19 Applications by Werrcroft Farms Ltd. to amend the Clarington Official Plan and Zoning By-law 2005-109 to facilitate a surplus farm dwelling severance at 8800 Middle Road, Darlington Resolution # JC-091-19 Moved by Councillor Hooper Seconded by Councillor Zwart That Report PSD-032-19 be received; That the Official Plan Amendment and Zoning By-law Amendment applications submitted by Werrcroft Farms Ltd. continue to be processed and that a subsequent report be prepared; and Page 38 Joint Committees Minutes - September 9, 2019 11 That all interested parties listed in Report PSD-032-19 and any delegations be advised of Council’s decision. Carried 12.2 PSD-033-19 Expansion of Clarington Energy Business Park Secondary Plan Study Area to include the Courtice Waterfront Resolution # JC-092-19 Moved by Mayor Foster Seconded by Councillor Anderson That Report PSD-033-19 be received; That staff be authorized to include the Courtice Waterfront as part of the Clarington Energy Business Park Secondary Plan Update; That staff be authorized to engage Urban Strategies In c. for the additional work provided that all costs are funded by the Courtice Waterfront landowners; That the Director of Planning Services be authorized to execute the necessary cost-recovery agreements; That the cost recovery agreements with the landowne rs require payment of 100% of the costs of the preparation of the Secondary Plan, including consultants and municipal resources such as review time from various departments, project management and administration costs; and That all interested parties for Report PSD-033-19, any delegations and the Region of Durham Planning and Economic Development Department be notified of Council’s Decision. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried Later in the Meeting on a Recorded Vote (4 to 3) Resolution # JC-093-19 Moved by Mayor Foster Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried The foregoing resolution #JC-092-19, was then put to a recorded vote and carried. Page 39 Joint Committees Minutes - September 9, 2019 12 12.3 PSD-034-19 Declaration of Surplus Property at the Bowmanville Avenue Westbound Exit from Highway 401 Resolution # JC-094-19 Moved by Mayor Foster Seconded by Councillor Jones That Report PSD-034-19, be referred to the next Regular Council Meeting dated September 16, 2019. Referred 12.4 PSD-035-19 Intent to Pursue Heritage Designation for two (2) Properties: 120 Wellington Street, Bowmanville and 2503 Concession Road 8, Haydon Resolution # JC-095-19 Moved by Councillor Hooper Seconded by Councillor Anderson That Report PSD-035-19 be received; That the Clerk issue a Notice of Intention to Designate 120 Wellington Street, Bowmanville, as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to the provisions of the Ontario Heritage Act; That the Clerk issue a Notice of Intention to Designate 2503 Concession Road 8, Haydon (Darlington) as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to the provisions of the Ontario Heritage Act; That depending on the response to the Notice of Intention to Designate, the Clerk either prepare the necessary by-law(s) or report back to Council regarding objection(s) received; and That the interested parties listed in Report PSD-035-19 and any delegations, be advised of Council’s decision. Carried 12.5 PSD-036-19 Application by National Homes (Prestonvale) Inc. to permit a 112 unit townhouse development at the northeast corner of Prestonvale Road and Bloor Street, Courtice Resolution # JC-096-19 Moved by Mayor Foster Seconded by Councillor Jones That Report PSD-036-19 be received; That the application for Draft Plan of Subdivision (S-C-2017-0010) submitted by National Homes (Prestonvale) Inc. be supported subject to conditions as generally contained in Attachment 1 to Report PSD-036-19; Page 40 Joint Committees Minutes - September 9, 2019 13 That no further public meeting is required for future application for Common Elements Condominium; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-036-19 and Council’s decision; and That all interested parties listed in Report PSD-036-19 and any delegations be advised of Council’s decision. Referred Later in the Meeting, see following motions Suspend the Rules Resolution # JC-097-19 Moved by Mayor Foster Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting for an additional 10 minutes. Carried Resolution # JC-098-19 Moved by Mayor Foster Seconded by Councillor Anderson That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried Resolution # JC-099-19 Moved by Councillor Jones Seconded by Councillor Traill That Report PSD-036-19 be referred to Staff for a report back to the next Planning and Development Committee Meeting dated September 30, 2019. Yes (5): Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart No (2): Mayor Foster, and Councillor Anderson Carried (5 to 2) Page 41 Joint Committees Minutes - September 9, 2019 14 Suspend the Rules Resolution # JC-100-19 Moved by Councillor Traill Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the meeting for an additional 5 minutes. Carried Recess The Committee recessed for the scheduled break until 1:00 PM. The meeting reconvened at 1:04 PM with Mayor Foster in the Chair. 12.6 PSD-038-19 Residential Neighbourhood Character Study Update and Extension of Interim Control By-law 2018-083 Councillor Neal declared a direct interest in Report PSD-038-19. Councillor Neal left the room and refrained from discussion and voting on this matter. Councillor Zwart declared a direct interest in Report PSD-038-19. Councillor Zwart left the room and refrained from discussion and voting on this matter. Mayor Foster chaired this portion of the Agenda. Resolution # JC-101-19 Moved by Councillor Traill Seconded by Councillor Anderson That Report PSD-038-19 be received; That the Interim Control By-law Amendment attached to Report PSD-038-19, as Attachment 1, be approved; That notice of the passing of the Interim Control By-law Amendment be given in accordance with Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as amended; and That all interested parties listed in Report PSD-038-19 and any delegations be advised of Council’s decision. Carried Page 42 Joint Committees Minutes - September 9, 2019 15 12.7 PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control By-law Councillor Neal returned to the meeting and chaired this portion of the Agenda. Councillor Zwart declared a direct interest in Report PSD-039-19. Councillor Zwart left the room and refrained from discussion and voting on this matter. Councillor Hooper left the meeting at 1:06 pm. Councillor Hooper joined the meeting at 1:08 pm. Resolution # JC-102-19 Moved by Councillor Traill Seconded by Councillor Anderson That Report PSD-039-19 be received; That the request from Ken Hoy for an exemption to Interim Control By-law 2018-083 for 10 Victoria Street be approved; That the request from Ken Hoy for an exemption to the Part Lot Control By-law for 10 Victoria Street be approved; and That all interested parties listed in Report PSD-039-19 and any delegations be advised of Council’s decision. Referred Resolution # JC-103-19 Moved by Councillor Anderson Seconded by Councillor Hooper That Report PSD-039-19, be referred to staff for a report to the Planning and Development Committee Meeting dated September 30, 2019. Carried Councillor Zwart returned to the meeting 13. Engineering Services Department Reports No Reports for this section of the Agenda. 14. Operations Department Reports No Reports for this section of the Agenda. Page 43 Joint Committees Minutes - September 9, 2019 16 15. Emergency and Fire Services Department Reports Councillor Zwart chaired this portion of the Agenda. 15.1 ESD-006-19 Memorandum of Understanding – Ontario Power Generation Resolution # JC-104-19 Moved by Mayor Foster Seconded by Councillor Hooper That Report ESD-006-19 be received; That the conditions outlined in the Memorandum of Understanding with Ontario Power Generation, for Fire Protection and Community Emergency Management (Attachment 1 to Report ESD-006-19), be endorsed; and That the Mayor and Clerk be authorized to enter into the Memorandum of Understanding with Ontario Power Generation for Fire Protection and Community Emergency Management (Attachment 1 to Report ESD-006-19). Carried 16. Community Services Department Reports No Reports for this section of the Agenda. 17. Municipal Clerk’s Department Reports Councillor Jones chaired this portion of the Agenda. 17.1 CLD-017-19 Accessible Canada Act Resolution # JC-105-19 Moved by Mayor Foster Seconded by Councillor Jones That Report CLD-017-19 be received; and That all interested parties listed in Report CLD-017-19, and any delegations be advised of Council’s decision. Carried 17.2 CLD-018-19 Parking in Municipal Parking Lots Councillor Hooper declared an indirect interest on Report CLD-018-19. He left the meeting and refrained from discussion and voting on this matter. Resolution # JC-106-19 Moved by Councillor Traill Seconded by Councillor Neal That Report CLD-018-19 be referred back to staff to seek input (written or by delegation) from the Bowmanville Business Improvement Area regarding a possible increase to the cost at the parking meters; and Page 44 Joint Committees Minutes - September 9, 2019 17 That the matter of the parking meters be easily severable from the recommendations of the Parking Lots in the report. Carried Councillor Hooper returned to the meeting. Suspend the Rules Resolution # JC-107-19 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to add an additional item to the Agenda. Carried In-House Apartment Registration Resolution # JC-108-19 Moved by Councillor Traill Seconded by Councillor Anderson That staff be directed to report on in-house apartment registration to advise whether there are enforcement measures in place for non-registration and, if not, to make proposals for enforcement. Carried 18. Corporate Services Department Reports Mayor Foster chaired this portion of the Agenda. 18.1 COD-013-19 Council Awards during Council Recess Resolution # JC-109-19 Moved by Councillor Neal Seconded by Councillor Hooper That Report COD-013-19 be referred to the General Government Committee Meeting dated October 15, 2019. Referred Page 45 Joint Committees Minutes - September 9, 2019 18 19. Finance Department Reports 19.1 FND-022-19 Financial Update as at June 30, 2019 Resolution # JC-110-19 Moved by Councillor Hooper Seconded by Councillor Neal That Report FND-022-19 be received for information. Carried 19.2 FND-023-19 2020 Budget Guidelines Resolution # JC-111-19 Moved by Councillor Neal Seconded by Councillor Traill That Report FND-023-19 be received; That Staff prepare a draft budget with a target municipal increase of 2%; That Staff include within the draft budget requests for funding from external agencies up to a maximum limit of 2%; That the 2020 Budget Schedule as outlined within the report be approved and that the Clerk establish the meeting dates; That the Budget Policy (G14) be amended to include that the budget ratification shall be targeted for the second Council meeting of any given year; and That all interested parties listed in Report FND-023-19, and any delegations be advised of Council’s decision. Yes (4): Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart No (3): Mayor Foster, Councillor Anderson, and Councillor Hooper Carried (4 to 3) 20. Solicitor’s Department Reports No Reports for this section of the Agenda. Page 46 Joint Committees Minutes - September 9, 2019 19 21. Chief Administrative Office Reports 21.1 CAO-009-19 Possible Merger of the Clarington Public Library Board and Clarington Museum and Archives Board Resolution # JC-112-19 Moved by Councillor Hooper Seconded by Councillor Neal That Report CAO-009-19 be received; That Council direct staff to work towards merging the Clarington Public Library Board and the Clarington Museum and Archives Board, effective January 1, 2020, in the manner set out in this report; and That the Clarington Public Library Board and the Clarington Museum and Archives Board be advised of Council's decision. Carried 22. New Business – Consideration 22.1 Motion to Move the Planning and Development Committee of November 11, 2019 Resolution # JC-113-19 Moved by Councillor Neal Seconded by Councillor Jones That the meeting schedule for the term of Council 2018-2022, as approved by Resolution #C-246-19, be amended to move the Planning and Development Committee of November 11, 2019 meeting to November 12, 2019; and That the published schedules be updated accordingly. Carried 22.2 Motion to Build a New Long-term Care Facility on the Rekker Property Resolution # JC-114-19 Moved by Councillor Hooper Seconded by Councillor Jones Whereas the Government of Ontario announced in October 2018 that Clarington would receive 125 net-new long-term care bed licenses to service our ageing population; Whereas the recipient of the bed licenses, Durham Christian Homes Inc., has indicated its intention to create a new facility in Clarington, which will combine the new licenses and those from the existing Glen Hill Strathaven facility, which must cease to operate by June of 2025; Whereas Durham Christian Homes Inc. underwent an extensive campaign to find an appropriate site in Clarington to build the new facility, culminating in an offer Page 47 Joint Committees Minutes - September 9, 2019 20 from Rekker’s Garden Center to sever and donate a 3.25 acre parcel of their land at no cost; Whereas land is often one of the most expensive costs in construction of a long - term care facility, this donation was a major boon for the project; Whereas Durham Christian Homes Inc. has begun the process to move ahead with development, but been faced with planning restrictions as a long -term care facility is not currently permitted by the Region’s Official Plan, or by the Municipality’s Official Plan and Zoning By-law on the Rekker property; Whereas consideration could be given to expanding the Bowmanville Urban Boundary through the Regional Municipal Comprehensive Review (MCR) as the proposed property abuts the current urban boundary; Whereas the MCR is currently underway, but will not be completed until at least mid-2022, which would make a June 2025 completion unfeasible; Whereas the Ministry of Health and Long-Term Care has provided clear timelines for the bed licenses to be operational, there is a serious risk that bed licenses may be lost; Whereas water and sewer servicing can readily be extended to the site due to the close proximity to the Bowmanville Urban Boundary; Whereas the Government of Ontario understands the dire need to build long- term care beds in order to ease pressure on hospitals so they can be ready for an ageing population with complex care needs; and Whereas the Government of Ontario supported the Tollendale Village 2 project in Innisfil by enacting a Ministerial Zoning Order in an effort “unlock land” and provided a Ministerial Zoning Order to keep a similar project from being in limbo. Therefore be it resolved; That, Clarington Council fully supports Durham Christian Homes Inc. in its effort to build a new long-term care facility on the Rekker property, abutting the Bowmanville Urban Boundary; and That, based upon the increasingly tight timeline and positive social benefit of the project, the Minister of Municipal Affairs and Housing provide a Ministerial Zoning Order to enable this proposal to proceed. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried (7 to 0) Page 48 Joint Committees Minutes - September 9, 2019 21 22.3 Zone Clarington – Environmental Review Area & Minimum Vegetation Protections Zone Resolution # JC-115-19 Moved by Councillor Neal Seconded by Councillor Zwart That staff be directed to delete the Environmental Review Area (90 metres) and Minimum Vegetation Protections Zone (30 metres) from the draft zoning by-law amendment. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried (7 to 0) Resolution # JC-116-19 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried The foregoing Resolution #JC-115-19 was then put to a vote and carried. 22.4 Zone Clarington – Environmental Protection Areas Resolution # JC-117-19 Moved by Councillor Neal Seconded by Councillor Traill Whereas a draft zoning by-law for the rural portions of the Municipality of Clarington was released in November 2018 for comment; and Whereas there has been much concern with respect to the zoning of Environmental Protection (EP) Areas in the draft zoning by-law; and Whereas the Provincial Policy Statement (PPS) has been issued for review and comment; and Whereas the proposed East Gwillimbury Zoning By-law has been appealed to the Local Planning Appeal Tribunal (LPAT); and Whereas Bill 108 proposes to amend the Conservation Authorities Act and regulations, and the Conservation Authorities (CAs) have been advised to restrict their services to core functions. Whereas MPP Piccini, at a recent public meeting regarding Zone Clarington, advised members of the public and municipal Councillors present, that as a Provincial Policy Statement is being reviewed by the Minister of Municipal Affairs, and movement to move forward on EP zoning would be irresponsible; Page 49 Joint Committees Minutes - September 9, 2019 22 Now therefore be it resolved that: 1. Planning Services Staff be instructed to pause their work on the rural portion of Zone Clarington for a period of three months, until (a) a decision has been rendered for the East Gwillimbury LPAT case; (b) there is greater clarity on the PPS revisions; and (c) it is confirmed that the CAs will have capacity to assist with review of natural heritage features; 2. Staff report back within 3 months on any changes that have taken place with respect to paragraph (1); 3. Staff report back on September 30, 2019 on the process for municipal led Official Plan amendments to the Clarington Official Plan, for correcting errors in EP designations at no cost to the landowners; 4. Staff report back to the September 30, 2019 on notifying landowners of the EP changes which took place in the recent Official Plan amendments, as well as EP changes for Zone Clarington; and 5. The inspection of properties by municipal staff continue where requested by landowners. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried (7 to 0) Recess Resolution # JC-118-19 Moved by Councillor Neal Seconded by Councillor Traill That the Committee recess for 10 minutes. Carried The meeting reconvened at 3:10 PM with Mayor Foster in the Chair. 22.5 Tooley Road Trees Resolution # JC-119-19 Moved by Councillor Neal Seconded by Councillor Jones That staff report back to the Council meeting of September 16, 2019 as to whether trees on Tooley Road can be protected by an Environmental Protection (EP) designation. Carried Page 50 Joint Committees Minutes - September 9, 2019 23 22.6 St. Marys Cement Resolution # JC-120-19 Moved by Councillor Neal Seconded by Councillor Traill Whereas St. Marys Cement has commenced an application to burn 400 tonnes daily of Low Alternative Carbon Fuels, and at the same time, Durham Region is drafting Terms of Reference to expand the Energy From Waste to 250,000 tonnes annually; and Now therefore be it resolved that St. Marys Cement and the Ministry of the Environment, Conservation and Parks be requested to have ambient air monitoring for St. Marys Cement which is consistent with the ambient air monitoring for the Energy From Waste, including, PM 2.5. Carried 22.7 Personnel Matter Councillor Neal did not introduce the New Business Item regarding a Personnel Matter. 23. Unfinished Business 23.1 Memo from the Director of Engineering dated July 2, 2019, regarding Farewell Creek Trail Phase 2 - Route Options [Referred from the July 2, 2019 Council meeting] Resolution # JC-121-19 Moved by Councillor Neal Seconded by Councillor Jones That Unfinished Business Item 23.1, Memo from the Director of Engineering dated July 2, 2019, regarding Farewell Creek Trail Phase 2 - Route Options, be received for information. Carried Later in the Meeting, see following motion Resolution # JC-122-19 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried The foregoing Resolution #JC-121-19 was then put to a vote and carried. Page 51 Joint Committees Minutes - September 9, 2019 24 24. Confidential Reports 24.1 LGL-009-19 Durham Region Smoke-Free By-law 28-2019 Resolution # JC-123-19 Moved by Councillor Neal Seconded by Councillor Hooper That Report LGL-009-19, be received for information. Carried Closed Session Resolution # JC-124-19 Moved by Councillor Neal Seconded by Councillor Anderson That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing matters that deal 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; and  personal matters about an identifiable individual, including municipal or local board employees. Carried Rise and Report The meeting resumed in open session at 4:48 PM. Mayor Foster advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 three resolutions were passed on procedural matters and one resolution was passed to provide direction to staff. 24.2 PSD-037-19 Acquisition of Lands Resolution # JC-125-19 Moved by Councillor Traill Seconded by Councillor Hooper That the recommendations, contained in Confidential Report PSD -037-19, be approved. Carried Page 52 Joint Committees Minutes - September 9, 2019 25 24.3 Confidential Verbal Report from the CAO regarding a Personnel Matter 25. Adjournment Resolution # JC-126-19 Moved by Councillor Neal Seconded by Councillor Traill That the meeting adjourn at 4:50 PM. Carried ________________________________ ________________________________ Mayor Deputy Clerk Page 53 Newcastle BIA MINUTES September 12, 2019  www.villageofnewcastle.ca Attendance: Marni Lewis, Janeen Calder, Helen Vatandoust, Donna Wood, Ken Easey, Lina Schmahl, Theresa Vanhaverbeke, Jane Black, Debbie Miller, Bonnie Wrightman (CBOT), John Thistle, Valentine Lovekin, Granville Anderson, Marg Zwart, Tracy Yates Regrets: Leslie Ray, Greg Lewis, Ann Harley, Karen Bastas Attendance taken. 1.Meeting called to order at 9:00 a.m. 2.Approval of August Minutes:  Ken Easey Seconded by: Janeen Calder 4. Business Arising from Minutes: n/a 5. Council Report: Marg conﬁrm the MOC will look into the mess around the planter boxes at King Ave./ Beaver St. Corners when they are doing their cleanups. There is a report coming out next month about the old Firehall, that will advice us of the plans for the building. 6. President’s Report: Valentine suggested we have a Budget 2020 meeting following our October meeting. Anyone in a committee that would like to have a say and add input to the budget should submit a request at this meeting. 7. Treasurer’s Report: n/a 8. Committee Reports: Safety & Decor: Theresa is waiting to hear from Sheard Display for a wreath quote. Advertising: Facebook likes are up to 1522, posts are reaching 4500. Top posts are: Home Hardware, Studio 37, Old Newcastle House, Benny the Barber -about the Snug, Vatandoust - Narrow staircase post Page 54 Website stats- 4300 page views Special Events: a) Town Hall Lighting - Looking for donations from local businesses. A fundraiser is planned for a Paint n’ Pour ladies night on October 17th. A letter will be sent to the BIA looking for participation at the Town Hall Lighting on November 15th, its an opportunity to open your business and provide a craft/treat/activity for families to come in and do between 6-8pm. There is also a decorate your business contest, the theme is “Christmas Lights”. A poll will be on facebook to determine the winner. b) Breakfast with Santa- Hall is booked for November 30th. Plans are coming together, the historical Society and the Early Years will be open that morning. c) Santa Parade - They have a website they are trying to access and update, Donna Wood will help them troubleshoot that. d) Harvest Festival - They are ordering the lawn signs to promote the event. One of the over street banners will be installed in front of Algoma on the grass and they are looking for a second location to promote it in the port. They are ordering volunteer t- shirts. e) Canada Day - The Heritage Canada report was submitted. Expenses were paid with the grant money and local donations. The Gift of Art has offered to run this event next year and will apply for the grant under their name. 9. CBOT: Lots of upcoming events: The Mayor’s Address - September 19  What the heck is AI - September 25  CPR & First Aid - October 8&9  Storytelling 101 - October 10  Raising your Business - October 24 (Home Base Business)  Retail Roundtable - end of October  Editorials in “On the House” - July & October  Clarington Connects is a space to post job listings, space to rent see our website for more details. 10. Chamber News: Page 55 October 5, Dinner and a Show - Hospice fundraiser at the Town Hall. $50 tickets available at the Massey House. 11. CIP: n/a 12. New Business: Ken from Gold Reﬂections is looking into a new event for 2021, he will follow up once he conﬁrms dates. They are having a Grand Opening, Thursday October 3rd at 5pm. James Printing has offered us a quote to install 4 event banners next year for $4900 +tax/year. This will be something that needs to be discussed at the 2020 budget meeting. Another fundraiser would be to sell “Newcastle” t-shirts. 13. Next meeting, Thursday, October 10, 2019 at 9am. 14. Motion to adjourn meeting by Helen Vatandoust seconded by Jane Black Page 56 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 At the June 17, 2019 General Government Committee Meeting, Council considered report CSD-007-19 Land Acknowledgement Statement. Mr. Dave Mowat provided a presentation to the Committee at this meeting to provide some history and background on the matter. While the proposed Land Acknowledgement Statement had been reviewed by Mr. Mowat as a representative of our local Indigenous community, it was discussed through his presentation that further consultation with the other identified communities should take place. Resolution #GG-390-19 stated “That Report CSD-007-19, Land Acknowledgement Statement, be referred to staff to Report back to the General Government Committee meeting of September 23, 2019”. Staff has been communicating with Mr. Mowat throughout the summer recess, however at this time, he has advised that the consultation, while underway, is not yet complete. An extension to report back at the October 15 General Government Committee meeting is requested. Regards, George Acorn Acting Director, Community Services Department cc: Community Services Managers To: Mayor Foster and Members of Council From: George Acorn, Acting Director, Community Services Department Date: Thursday September 19, 2019 Subject: CSD-007-19 Land Acknowledgement Statement - Update File: Page 57 CHRISTINE TARLING Director of Legislated Services & City Clerk Corporate Services Department Kitchener City Hall, 2nd Floor 200 King Street West, P.O. Box 1118 Kitchener, ON N2G 4G7 Phone: 519.741.2200 x 7809 Fax: 519.741.2705 christine.tarling@kitchener.ca TTY: 519-741-2385 September 6, 2019 Dear Municipal Colleagues: This is to advise that City Council, at a meeting held on August 26, 2019, passed the following resolution regarding producer requirements for packaging in Ontario: “WHEREAS the Province of Ontario, through the Ministry of the Environment, Conservation and Parks, has posted a discussion paper entitled “Reducing Litter and Waste in our Communities”; and, WHEREAS producer responsibility has not been adequately addressed by the Province of Ontario; and, WHEREAS a successful deposit/return program for single use plastic, aluminum and metal drink containers has been in existence in other Provinces in Canada including Newfoundland, Nova Scotia and British Columbia; and, WHEREAS these successful programs have eliminated many of these containers from the natural environment; and, WHEREAS the City of Kitchener is committed to climate action and understanding our role as a municipality in a globalized world and the need to be prepared for the effects of climate change; and, WHEREAS the City of Kitchener has declared a climate emergency with the directive to provide continued support to corporate and community climate action; THEREFORE BE IT RESOLVED that the City of Kitchener call upon the Province of Ontario, through the discussion paper entitled “Reducing Litter and Waste in our Communities”, to review and implement a deposit/return program for recycled plastics, aluminum and metal drink containers; and, Page 58 BE IT FURTHER RESOLVED that the Province of Ontario be requested to review producer requirements and look for extended producer responsibility for all packaging; and, BE IT FINALLY RESOLVED that this resolution be forwarded to the Honourable Premier of Ontario; the Minister of the Environment, Conservation and Parks; the Minister of Municipal Affairs and Housing; the Local Members of Provincial Parliament; the Association of Municipalities of Ontario; the Region of Waterloo and all Municipalities within the Province of Ontario.” Yours truly, C. Tarling Director of Legislated Services & City Clerk Page 59 1 The Honourable Mayor Adrian Foster, Region and Municipal Council Municipal Administrative Centre 40 Temperance Street, Flr 2 Bowmanville, ON L1C 3A6 July 26, 2019 Subject: Request for Amendment to the Municipality of Clarington By-law No. 2015-047 (regulating the discharge and sale of fireworks) Dear Mayor, City Clerk, and Council Members; We are submitting a proposal to amend a portion of the current by-law 2015-047 with respect to the discharge of fireworks on Victoria Day and Canada Day. With the urban spread into rural neighbourhoods there is a need for a balance so as not disrupt farming practices and the wellness and care of livestock. Fireworks pose a high risk of injury and death to livestock (as well as pets and wildlife as harmful metals and chemicals such as potassium nitrate, arsenic, chlorates, copper etc. are used to manufacture these products and if ingested, can lead to poisoning. The cost are quite high to maintain good health and care of livestock, to incur additional veterinary costs due to injury or death is a large burden to bare. Any risk of loss of livestock or crop is a large burden for the owner. Our goal is to keep our farms safe. We are requesting for the following changes: EXEMPTION 3.2 No Discharge Permit shall be required to discharge Consumer Fireworks on Canada Day or on the day set for the observance of Victoria Day. (remove “or within the 3 days immediately preceding”) CONSUMER FIREWORKS 3.5 No Person shall discharge Consumer Fireworks except between dusk and 11:00 PM on Canada Day or the day set for the observance of Victoria Day. (remove “or within the 3 days immediately preceding”) 3.6 No Person shall discharge Consumer Firework in a manner that creates or may create an unsafe condition or risk of accident, injury or damage to any person or property (ADD - including livestock and crops). NEW BY-LAW REQUEST to be added to CONSUMER FIREWORKS * No Person shall discharge Consumer Fireworks within 1 km of any Farm Page 60 2 We respectfully request that this be added to the Council meeting agenda on Sept 23, 2019 if appropriate. If September 23rd is not the correct meeting, please advise as we will want to attend and be available to answer any questions. Sincerely, Sharon Baird / Les Gariscsak 4825 HWY #2 RR#3 Newtonville, ON L1A 3V7 Res: 905-786-2039 / Cell: 416-892-1928 Email: sbaird2829@rogers.com Page 61 Page 62 S:\Chris\September 20 2019_Bill 108_CA Act_Res 87_19.docx Health watersheds for today and tomorrow. September 20, 2019 agreentree@clarington.net Ms. Anne Greentree Clerk Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6 Dear Ms. Greentree: Attached please find Staff Report #5656-19 which was considered by the CLOCA Board of Directors at a meeting on September 17, 2019, and at which the following resolution was adopted (as extracted from unapproved minutes). Res. #87/19 Moved by B. Nicholson Seconded by D. Mitchell WHEREAS the Province of Ontario intends to release regulations under the Conservation Authorities Act that will define conservation authority mandatory programs and services and further details on the process of defining non-mandatory program and services through agreement with municipal partners; BE IT RESOLVED THAT the Central Lake Ontario Board of Directors recommends that the province engage in early pre-consultations with Central Lake Ontario Conservation, other conservation authorities and member municipalities to define the governing regulations under the Conservation Authorities Act related to core and non-core program areas; THAT the Central Lake Ontario Conservation Board of Directors invites the Minister of the Environment, Conservation and Parks to meet with conservation authorities to fully understand the funding structure and local benefit of our programs and to help us deliver provincial priorities in a responsible and sustainable manner; and, THAT a copy of this report and resolution be forwarded to the Honourable Doug Ford, Premier of Ontario, the Honourable Jeff Yurek, Minister of the Environment, Conservation and Parks, watershed MPPs and regional and local municipal councils. CARRIED Yours truly, Chris Darling, MCIP, RPP Chief Administrative Officer CD/ms Attach. Page 63 REPORT _______________CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: FILE: S.R.: TO: FROM: SUBJECT: Correspondence Received from MECP as it Relates to Bill 108 and Changes to the Conservation Authorities Act Conservation Authorities Act Page 64 FILE: S.R.: 21.1 (1) The following are the programs and services that an authority is required or permitted to provide within its area of jurisdiction: 1. Mandatory programs and services that are required by regulation. 2. Municipal programs and services that the authority agrees to provide on behalf of municipalities situated in whole or in part within its area of jurisdiction under a memorandum of understanding referred to in subsection (3). 3. Such other programs and services as the authority may determine are advisable to further its objects. 21.1.3 (1) Every authority shall develop and implement a transition plan for the purpose of ensuring that it will be in compliance with subsection 21.1.2 (2) by the day prescribed by the regulations for the purpose of that subsection. Conservation Authorities Act Page 65 FILE: S.R.: Page 66 Page 67 More Homes, More Choice Act Conservation Authorities Act Page 68 Proposal for a Municipality of Clarington representative at the Newcastle of the World conference 20 20 "Smart cities, Innovation for the benefit of the population" For the attention of Mayor Foster and Council I am sure many of you remember the successful and enjoyable Newcastles of the World (NOTW) 2016 Conference held here in Newcastle Ontario. It introduced our Newcastle and Clarington to the rest of the world. Many of you will have met Mayors, Councillors, Municipal staff, business representatives and educators during the conference from various Alliance countries. Hosting this conference has netted follow up visits and great interest in exchanges and internships internationally. In 2018 the NOTW conference was held in Shinshiro Japan, October 3-9. A delegation from Newcastle Ontario attended, which consisted of Newcastle ON committee members along with Jennifer Stycuk as the representative from the Municipality of Clarington. It was a very informative and successful event focusing on the future of the Alliance. Many established contacts were strengthened and new ones made. There are various initiatives and opportunities that our community can benefit from the Alliance connection, here are a few :- • It’s important to note that if anyone from our area is travelling to any of the Alliance countries and are close to the Newcastle of that country, there will be a special welcome for them there, and in some areas there is a Passport to give an exclusive and unique experience while visiting. • During the business section of the 2018 conference each Newcastle was asked to share 5 internationally market ready companies to be promoted to the other Alliance members. Upon our return Willie Woo worked with Sheila Hall from CBOT to create a list which was sent to the NOTW secretariat. • There are international tourism opportunities, such as creating a passport for Alliance members when they visit our area and assist with promoting our businesses. The committee is working with Kemp Travel and other local companies to create a tour package of our area and beyond for any Alliance visitors. • There is an opportunity to have a cultural event visit from Neuchâtel Switzerland. The details are still being worked on but we are hopeful to make this happen in 2020. After travelling and meeting people throughout the world (Europe, Russia, Japan, Senegal, Sweden, Canada, USA, Thailand, India, Mexico and other countries). Blueman celebrates this year its 20th anniversary this year. Here is Blueman's website (www.theblueman.com<http://www.theblueman.com ) to learn more about Blueman and its project. The project is to show that people can meet and interact even if there are not the same (different shape, different colour) and without speaking. It will be interesting for him to meet our Canadian guys and girls. • Neuchâtel is delighted to invite artists from across the Newcastle Alliance to busk in next year’s (2020) annual Buskers Festival, this will take place from 11 August to 15 August 2020. A representative from Newcastle Ontario has already sent an application and we are waiting for the announcement. • Just announced the first week of September is the launch of the Newcastles of the World online platform #education-exchange. Following keen interest shown and agreement at the Page 69 20th anniversary conference in Shinshiro, the Secretariat and Shinshiro have collaborated to create an online platform to facilitate communication and co-operation; leading to exchanges of teachers, students and/or pupils (Shinshiro, Communiqué 2018). • Before going to Japan for the 2018 NOTW conference, members of Newcastle Ontario committee were invited to meet with Consul General Ito, Consulate-General of Japan in Toronto. We are proud to be able to invite Consul General Ito to Clarington and Newcastle Ontario, September 23rd 2019. The 2020 conference which will take place in Neuchâtel Switzerland in April (please see attached details). The main theme of the conference will be "Smart Cities, Innovation for the benefit of the population”. Many of the NOTW Newcastle Ontario committee members have already committed to representing Newcastle Ontario in Switzerland, providing a delegation with a diverse and knowledgeable group with varied basic subject understanding in Education, Hospitality and Tourism, local community and business. After discussion in our July 2019 committee meeting, it was decided that the group would be strengthened by representation from the Municipality of Clarington and would like to invite Mayor Adrian Foster, Clarington Municipal Council and staff who would be interested to be part of the Newcastle, Ontario delegation, to enhance the group’s diversity and bring much needed Municipal insight. I hope that you will see the advantages of continuing to work with the Alliance and being part of the 2020 conference, and the benefit of the contact, interaction, support and knowledge that comes from working with all the various Newcastles around the world. I look forward to your decision. Christine McSorley MBA Chairperson Newcastles of the World Newcastle Ontario. Page 70 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: CSD-008-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: George Acorn, Acting Director of Community Services Frederick J. Horvath, Director of Operations Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: Report Subject: Single Use Plastics in Municipal Buildings Recommendations: 1. That Report CSD-008-19 be received; 2. That Council direct staff to develop and implement a program for the elimination of single use plastics in municipal facilities and buildings, where there exists an environmentally responsible alternative; 3. That staff report back to Council after six months on the highlights of the program and the results achieved; and 4. That the Clarington Public Library, Clarington Museums & Archives and Municipality owned/Board operated Community Halls and Arenas be advised of the decisions of Council. Page 71 Municipality of Clarington Page 2 Report CSD-008-19 1. Background 1.1. At the General Government Meeting of March 25, 2019, Resolution #GG-171-19 was approved stating “That Staff be directed to see what can be done about reducing their use at Clarington Council meetings or events the matter of single use plastic plates, cups and cutlery: and That Staff report back on the elimination of single use plastics in Clarington buildings”. 1.2. Subsequently, at the Council meeting of May 21, 2019, Resolution #C-194-19 was approved stating “That the matter of banning of single use plastics (non -recyclable) from Municipal Buildings, where possible, be referred to Staff to report back at the September 23, 2019 General Government committee meeting”. 1.3. Plastic pollution and the damages created are a global challenge not in dispute across many jurisdictions. Recently both the federal and provincial governments have taken steps to effectively address this challenge through improvements to the recycling of plastics and more importantly eliminating the use of single use plastics. 1.4. In April 2019, Durham Region banned the sale of non-carbonated bottled water at their Whitby Headquarters and are encouraging visitors to bring refillable containers for water when they attend the building. In addition, other single use plastics were eliminated at the food services operation and are being replaced with environmentally responsible alternatives. 2. Current Programs Blue Community Program 2.1. At the Council meeting of June 4, 2012, a resolution was passed declaring Clarington a “Blue Community”, which effectively eliminated the sale and provision of bottled water at all municipal buildings and facilities. This did not impact Committee and Council meetings at the Municipal Administrative Centre (MAC) as bottled water was phased out a number of years prior. Report Overview This report, prepared by Community Services and Operations staff, provides Council information on a proposed program to eliminate or reduce the use of single use plastics in municipal buildings and recreation facilities. This program would align with the Council Priority of Environmental Sustainability throug h the advancement of waste reduction initiatives. Page 72 Municipality of Clarington Page 3 Report CSD-008-19 2.2. This resolution also approved the ban of non-recyclable utensils at Council and Municipal Staff working lunches when catered by an outside vendor, and further that staff continue to investigate and implement the use of recyclable and biodegradable products in concession operations. 2.3. The installation of water fountain/bottle fill stations in the Municipal Administrative Centre and municipal recreation centres has been beneficial in reducing the reliance on bottled water. Municipal Buildings/Facilities Recycling Program 2.4. Clarington has an effective recycling program in our municipal buildings and facilities and is available at all of our locations. Building Services coordinates waste collection at our various municipal buildings. Compost materials are also collected at the Municipal Administrative Centre. 2.5. The lunchroom and kitchenettes throughout the Municipal Administrative Centre utilize only reusable cups, bowls, plates and cutlery. Staff from time to time conduct waste audits at this building. The recent waste audit completed determined that the current program is resulting in a 64% (by weight) waste diversion with a potential to achieve a 78% diversion with increased staff/public education for appropriate disposal methods. Staff has set a goal of 80% diversion by Spring 2020 for MAC. 2.6. Staff continue to work with external contractors for the provision of waste receptacles that offer recyclables and waste streams at 56 locations across Clarington. Our Parks staff works with Waste Management Inc. for the drop-off and pick-up of blue box recycling at the various Business Improvement Areas’ special events. 3. Proposed Program and Initiatives Municipal Buildings/Facilities 3.1. Community Services and Operations staff will complete an audit of our buildings and facilities to identify opportunities where single use plastic can be eliminated and replaced with environmentally responsible alternative products. Assistance will be sought from the Purchasing Department in this review. 3.2. An information campaign will be developed to promote the initiatives we are implementing that will heighten awareness with staff, community partners and the general public who visit our buildings. 3.3. Staff will review current practices for recycling in buildings/facilities to identify areas for improvement to increase the level of diversion of the waste generated by staff and the public. Page 73 Municipality of Clarington Page 4 Report CSD-008-19 Municipal Arena Concession Operations 3.4. The Municipality is in a partnership with Participation House Durham (PHD) for the operation of the concessions at two of our arena facilities. In preparation for this report, Community Services staff had discussions with PHD to discuss how they can support our initiative. 3.5. They were very receptive and are willing to align their operation with this municipal priority and will be making the following changes: - replace plastic straws with biodegradable or paper straws - replace plastic forks, spoons and stir sticks with wooden utensils - discontinue single use condiment packaging and replace with refillable containers - discontinue individual cream and milk packets, using ref illable thermal flasks - continue to investigate environmentally responsible options for other products they use Catering – Outside Contractors 3.6. Implementing these initiatives with outside catering companies will prove to be a bigger challenge, due to the variety of private events and the potential number of caterers that would be serving these events. 3.7. Staff are committed to expand the single use plastic elimination to include these private events at municipally operated facilities. Vending Operations 3.8. Staff will examine the feasibility of available options for the provision of carbonated soft drinks under the current supply contract the Municipality has with Coca-Cola Canada. 4. Concurrence Not Applicable. 5. Conclusion The proposed program aligns with Council’s Strategic Priority of Environmental Sustainability through the advancement of waste reduction initiatives and staff are confident the proposed efforts will be effective in addressing this priority. Staff Contact: George Acorn, Acting Director of Community Services, 905-623-3379 ext. 2502 or gacorn@clarington.net.; Frederick J. Horvath, Director of Operations, 905-623-3379 ext. 2902 or fhorvath@clarington.net Page 74 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-019-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: Anne Greentree, Municipal Clerk Resolution#: Reviewed By: Andrew C. Allison, CAO File Number: Report Subject: Appointments to Fill Vacancies on Various Boards and Committees Recommendations: 1. That Report CLD-019-19 be received; 2. 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; 3. That the Municipal Clerk's Department be authorized to continue to advertise for the remaining vacancies on the Newcastle Arena Board, Newcastle Village Community Hall Board and the Livestock Valuers; 4. That the resignation of Glynn Green, from the Committee of Adjustment and Connor Visser, from the Clarington Public Library, be received; 5. That Katherine Warren, current Chair of the Museum and Archives Board, be appointed to fill the vacancy on the Clarington Public Library Board; and 6. That all interested parties listed in Report CLD-019-19, and any delegations be advised of Council’s decision. Page 75 Municipality of Clarington Page 2 Report CLD-019-19 1. Background 1.1. The Municipal Clerk’s Department placed an advertisement in the local papers over the summer to fill the vacancies to various Committees and Boards. In addition, the advertisement was placed on the Municipality’s Website www.clarington.net. 2. Committee of Adjustment Background 2.1. The Committee of Adjustment is a quasi-judicial body appointed by Council. The Committee consists of six members. The Committee meets on an as needed basis, typically twice monthly. 2.2. The Committee requires a minimum of three members to make quorum so that decisions can be made at a meeting. As per the Planning Act, the Committee of Adjustment receives and decides on minor variance applications in respect of land, building, structure or use thereof. 2.3. Gylnn Green was appointed to the Committee of Adjustment, 2019 for a term ending in in December 31, 2022 or until a successor is appointed. On August 26, 2019, the Municipal Clerk’s Department received notification of his resignation. Current Situation 2.4. Accordingly, the Committee may appoint one additional memb er to the Committee of Adjustment. 2.5. The following individuals have put forward an application for consideration:  Anna Camposeo  Noel Gamble  Kyle Roberts Report Overview This report is intended to provide background information, regarding vacancies on various boards and committees to assist in the appointment process. Page 76 Municipality of Clarington Page 3 Report CLD-019-19 3. Newcastle Arena Board 3.1. The Newcastle Arena Board is a volunteer Municipal Service Board established by the Municipality of Clarington Council in accordance with the provisions of the Municipal Act, 2001, as amended. 3.2. The goal of the Newcastle Arena Board is to operate the Newcastle Memorial Arena. Committee members are ultimately responsible to the Municipality of Clarington Council and are bound by By-law 2008-037, establishing the Newcastle Arena Board. 3.3. The Terms of Reference states that the composition of the Board shall be comprised of nine persons, two of whom shall be members of Council. Current Situation 3.4. Currently, the Board has five members appointed. Therefore, the Committee may appoint two members to the Newcastle Arena Board. 3.5. No applications were received in response to the advertisement. 4. Newcastle Village Community Hall Board Background 4.1. The purpose of the Board is to oversee and manage the operation of the Newcastle Village Community Hall. 4.2. The Board is comprised of five citizens, three appointed by Council and two Representatives elected by residents, and two Council Representatives. Current Situation 4.3. Currently, the Committee may appoint one remaining member to the Newcastle Village Community Hall Board. 4.4. No applications were received in response to the advertisement. Page 77 Municipality of Clarington Page 4 Report CLD-019-19 5. Samuel Wilmot Nature Area Management Advisory Committee Background 5.1. The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC) is a group of volunteers appointed by the Municipality of Clarington to assist the Municipality and the Ministry of Natural Resources in managing the Samuel Wilmot Nature Area. The Committee is also dedicated to preserving and improving the condition of the Nature Area for the benefit of the wildlife that resides there and the enjoyment of the residents of Clarington. 5.2. The Committee consists of a minimum of eight citizens, three staff and one Council representative. Current Situation 5.3. Currently, the Board has seven members appointed. Therefore, the Committee may appoint one member to the SWNAMAC. 5.4. The following individuals have put forward an application for consideration: 6. Clarington Public Library Board 6.1. On September 16, 2019 Council approved the merger of the Clarington Public Library Board and the Clarington Museum and Archives Board and directed “staff to work towards merging the Clarington Public Library Board and the Clarington Museum and Archives Board, effective January 1, 2020, in the manner set out in this report” (being Report CAO-009-19). 6.2. Sections 2.6 and 2.7 of Report CAO-009-19 spoke to representation of two existing Clarington Museum and Archives Board members on the Clarington Public Library Board. The first representation seat was essentially already filled, with the report addressing the second representation seat as follows: M&A Designated Seat #2 – In mid-August, there was a Library Board member resignation, leaving an open spot on the current Library Board which could be filled by the current Museum Board Chair Katherine Warren. She could be appointed to the Library Board and hold one of the M&A designated seats. Page 78 Municipality of Clarington Page 5 Report CLD-019-19 6.3. Based on the foregoing, staff therefore recommends that Katherine Warren (current chair of the Clarington Museum and Archives Board) be appointed to the Clarington Public Library Board as per Report CAO-009-19 which will fulfill the agreed upon terms. 7. Concurrence Not Applicable. 8. Conclusion It is respectfully recommended that the Municipal Clerk's Department be authorized to continue to advertise for the remaining vacancies on the Newcastle Arena Board, Newcastle Village Community Hall Board and the Livestock Valuers. Staff Contact: Samantha Gray, Committee Coordinator, 905-623-3379 ext. 2106 or sgray@clarington.net. Attachments: Attachment 1 - Confidential Applications (Distributed Separately) Interested Parties: The following interested parties will be notified of Council's decision: All Applicants All Board/Committee Appointment Contacts Page 79 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-020-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: Anne Greentree, Municipal Clerk Resolution#: Reviewed By: Andrew C. Allison, CAO File Number: Report Subject: New Legislation Regarding Drinking in Parks (i.e. Tailgate Parties) Recommendation(s): 1. That Report CLD-020-19 be received; 2. That the Municipal Clerk, in consultation with relevant Staff, be authorized to make decisions with respect to proposed Tailgate Events on Municipal Property; and 3. That all interested parties listed in Report CLD-020-19, and any delegations be advised of Council’s decision. Page 80 Municipality of Clarington Page 2 Report CLD-020-19 1. Background Special Event Permits 1.1. The Alcohol and Gaming Commission of Ontario (AGCO) is responsible for administering the Liquor Licence Act (LLA) and specific sections of the Liquor Control Act (LCA), which together with the regulations made under them establish the licensing and regulatory regime for most aspects relating to the sale and service of alcohol in Ontario. 1.2. The AGCO oversees the administration of the Special Occasion Permit (SOP) program, which allows for the sale and service of alcohol on special occasions, such as cash bars at weddings or private receptions, as well as larger scale events that are open to the public, such as charity fundraisers. 1.3. On May 6, 2019, the Provincial requirements for SOP’s were amended to include a tailgate event as a new type of public event for which you can obtain a SOP. The full permit rules are set out in Regulation 389/91 under the LLA. 1.4. To be eligible for a Tailgate Event Permit, the tailga te event must be held outdoors, in connection with, and in proximity to, a live professional, semi-professional or post- secondary sporting event. The permit holders may sell and serve alcohol, and attendees 19 years of age or older may bring their own liquor (BYOB) for consumption within the permitted area. 1.5. There is no requirement that the tailgate event or the sporting event be designated as an event of municipal significance. There's also no requirement that the applicant be endorsed by the sporting team or the sports venue. Report Overview Regulation 389/91 under the Liquor Licence Act was amended to include Tailgate Event Permits, and the Alcohol and Gaming Commission of Ontario began accepting applications on May 6, 2019. This Report provides a brief summary of the changes and the recommendation to delegate the authority to the Municipal Clerk to object to Tailgate Event Permits on municipal property. Page 81 Municipality of Clarington Page 3 Report CLD-020-19 1.6. However, as with other special occasion permits, applicants must notify the local municipality, specifically if expected attendance is less than 5,000 people, the applicant must notify the local municipal clerk’s department, police, fire and health 30 days before the tailgate event takes place. If the expected attendance is more than 5,000 people a day, the notice to the same group must be 60 days prior or the tailgate event. In addition if there is a tent, marquee, pavilion or tiered seating used, then the local building department must also be notified in writing. 1.7. As with all special occasion permits, the permit holder is responsible for ensuring they are compliant with municipal by-laws and all other laws including the Liquor Licence Act. 1.8. The AGCO began accepting applications on May 6th via iAGCO, their online service platform. As well, the full permit rules are set out in Regulation 389/91 under the Liquor Licence Act. Tailgate Events on Municipal Property 1.9. The AGCO has advised that a tailgate permit on municipal property will be refused unless consent is granted by the Municipality. 1.10. SOP’s for Tailgate Event Permit applications on municipal property may be accompanied by either a municipal resolution, or a letter from a delegated municipal official objecting to the Tailgate Event on municipal property and who would prohibit the issuance of the permit. 1.11. The AGCO has recently emphasized their 30-60 day application deadlines, making it imperative that the Municipality deal with requests promptly to ensure applicants can get their Tailgate Event Permit. 1.12. In order to streamline the process, and to be consistent with municipal approval for municipally significant SOP events and other SOP applications, it is recommended that Council pass a resolution to delegate the authority to the Municipal Clerk to determine whether it is appropriate to support a Tailgate Event on Municipal Property. 1.13. When a request for a Tailgate Event SOP on municipal property is received by the Clerk’s Department, staff will forward the request to Municipal Law Enforcement Division, Emergency and Fire Services, Operations, Community Services and the Building Division of Engineering Services for review. Staff reviewing the application will be confirming compliance with the Municipality of Clarington’s by-laws (including ensuring that any necessary facility/parks permits are in place), and to determine whether there are other relevant issues of safety or potential nuisance. Page 82 Municipality of Clarington Page 4 Report CLD-020-19 1.14. It is recommended that the Municipal Clerk in consultation with these departments, would determine whether the Tailgate Event SOP on municipal property is appropriate and would communicate a formal response to the AGCO. 1.15. To be clear, should Council approve the recommendations set out in this Report, be advised that there is no implied approval for applications. Applicants for Tailgate Event SOPs to be held on Municipal Property, would be required to comply with all Municipal By-laws and permit terms and conditions. 2. Concurrence This report has been reviewed by the Acting Director of Community Services, the Manager of Operations and the Municipal Solicitor who concur with the recommendations. 3. Conclusion It is respectfully recommended that the Municipal Clerk, in consultation with relevant Staff, be authorized to make decisions with respect to proposed Tailgate Events on Municipal Property. Staff Contact: Samantha Gray, Committee Coordinator, 905-623-3379 ext. 2106 or sgray@clarington.net. Attachments: 1. AGCO Tailgate Event Guidelines Interested Parties: There are no interested parties to be notified of Council's decision. Page 83 Attachment 1 to Report CLD-020-19 Tailgate Event Permit Guide Section 1: When is a Tailgate Event Permit Required? A Tailgate Event Permit is required for events held in connection with, and in proximity to, a sporting event, and where attendees 19 years of age or older may bring their own liquor (BYOB) for consumption at the tailgate event, within the permitted area. The following sections provide an overview of Tailgate Event Permits. For more information on Special Occasion Permits (SOP) for Private Events, other Public Events and Industry Promotional Events, please refer to the AGCO’s Special Occasion Permit Guide. Section 2: What is a Tailgate Event? A tailgate event is generally considered to be an outdoor social gathering, where attendees can bring their own food, beverages (including alcohol), and often their vehicles, to an area for the purposes of community and support for a sporting event. To be eligible for a Tailgate Event Permit in Ontario, the tailgate event must be: an outdoor event that is held in connection with, and in proximity to, one of the following types of sporting events: o Professional o Semi-professional o Post-secondary held at an outdoor space, at ground level (e.g. parking lot). be within proximity to where the live sporting event is taking place to which the tailgate event is connected. In addition, attendees 19 years and older must be allowed to bring their own alcohol for consumption. For more information on the eligibility requirements for a Tailgate Event Permit, please refer to Section 5. Page 84 Attachment 1 to Report CLD-020-19 Section 3: Tailgate Event Permit with Sale or No Sale of Alcohol Under a Tailgate Event Permit, you may sell and serve liquor if you wish, though there is no requirement to do so. You must, however, allow attendees 19 years and older to bring their own alcohol and consume it at the event. As part of your application, you will be required to indicate whether you wish to sell alcohol at your event. This includes where money is collected for alcohol through, for example, an admission charge to the event (e.g., drink tickets included in admission charge), the sale of alcohol (cash bar) or alcohol tickets sold to people attending the event, or the collection of money and/or other forms of payments for alcohol before the event. Section 4: Application Fees Tailgate Event Permit application fees are non-refundable. For a list of current fees, please refer to the Schedule of Fees on the AGCO’s website. Section 5: Eligibility Requirements for Tailgate Events Eligible Sporting Events Tailgate Event Permits may only be issued for tailgate events connected to professional, semi-professional or post-secondary level sporting events: Professional sporting events may include sports where the participants are major league teams such as members of the Canadian Football League (CFL), Major League Baseball (MLB), National Hockey League (NHL), American Hockey League (AHL), National Basketball Association (NBA), Major League Soccer (MLS). Semi-professional sporting events may include sports where the participants are minor league teams such as members of Ontario Hockey League (OHL), AAA baseball, United Soccer League Championship. Post-secondary sporting events may include sports where the participants are extramural, varsity or intercollegiate sports teams Amateur or recreational sporting events, including events organized and played through intramural sports leagues at post-secondary institutions or otherwise, are not eligible for Tailgate Event Permits. Eligible Locations/Premises A proposed tailgate event must be within proximity to where the live sporting event to which the tailgate event is connected is taking place. In addition, all Tailgate Event Permit areas (where alcohol will be sold, served and/or consumed) must be outdoors and at the ground level. Outdoor areas are considered to be spaces that are open, or partially open, to the weather elements. Eligible outdoor locations may also include, for example, temporary structures such as a tent, marquee, pavilion or tiered seating (e.g. bleacher seating, stadium-type seating, seating arranged in sloping tiers). Page 85 Attachment 1 to Report CLD-020-19 Tailgate events must also take place at ground level. This generally means that the location of the event must be on the same level as the natural ground or street (as opposed to being above or below the ground or street’s surface). For example, an underground parking garage or the upper/lower levels of a multi-level parkade would not be eligible locations for a tailgate event. As part of the application, you will be required to submit a sketch of the proposed permit area, as well as provide information about the location of the sporting event and the sporting venue. Application Deadlines for Tailgate Events An application for a Tailgate Event Permit must be submitted at least 30 days prior to the event. Notification to Municipal Authorities Applicants for a Tailgate Event Permit must notify in writing the local municipal clerk’s department, police, fire and health departments informing them of the event, and include a sketch identifying the physical boundaries. If a tent, marquee, pavilion or tiered seating is used, you must also notify in writing the local building department. The applicant’s timelines for notifying local authorities are: 30 days before the event takes place, if fewer than 5,000 people per day are expected to attend the event; or 60 days before the event takes place if 5,000 or more people per day are expected to attend the event. You will be required to include copies of all municipal notification letters with your application. For a list of Ontario municipalities, see Appendix A - Contact Information. Section 6: Conditions The AGCO regulates the sale and service of beverage alcohol in Ontario and provides assistance to applicants and permit holders in understanding how to conduct an event in a responsible manner. The Registrar may review applications for Tailgate Event Permits to determine if there are any risks associated with the event. The Registrar has the authority to attach conditions to a Tailgate Event Permit to mitigate any risks that may be related to the event. Conditions might include, for example, limiting the hours of sale, service and consumption of alcohol, or requiring licensed security staff to be hired/on duty during the event. Page 86 Attachment 1 to Report CLD-020-19 Section 7: Guidelines for Submitting Tailgate Event Permit Applications To apply for a Tailgate Event Permit, go to iAGCO and select “Special Occasion Permit – Tailgate Event”. APPLICANT INFORMATION You must be 19 years of age or older to obtain a Tailgate Event Permit. If the applicant is an organization, association or company, the application must be completed by a member or representative who will be at least 19 years of age at the time of the event, who has signing authority for the organization, association or company. Applicants must provide all information, materials, documentation or approvals as may be requested. RESPONSIBLE PERSON(S) The Permit Holder/Responsible Person must be present throughout the tailgate event and is responsible for the safety and sobriety of people attending the event. They must ensure the event is run properly and in compliance with the Liquor Licence Act and its regulations. To request, view or download a copy of these documents, see the e-Laws statute and regulations on the Government of Ontario website. The Permit Holder/Responsible Person indicated on the application will be noted on the permit. If there is more than one Responsible Person, all must be named and at least one of the persons named must be at the event at all times. NOTE: If in an emergency situation the Permit Holder/Responsible Person is unable to attend, then it is the responsibility of the Permit Holder to designate in writing someone to attend the permit event on his/her behalf. The Designated Person is responsible to ensure that all legal requirements for the permit event are met. The Designated Person must not be someone who has previously been refused a Special Occasion Permit(s) by the AGCO. TAILGATE EVENT NAME, LOCATION AND DETAILS As part of the application, you will be required to provide details related to the tailgate event, including the: Event Name (e.g. Toronto Argos Fan Tailgate Party) Location Name (e.g. Stadium/Field parking lot, name of building/property where the tailgate event will be held) Address of the tailgate event location. (If the address of the proposed location for the tailgate event is unknown (e.g. parking lot), please use an address as close to the proposed location as possible). Note: If your event is being held at different locations (whether it is on the same day or over the course of several days), a separate permit is required for each location/address. Page 87 Attachment 1 to Report CLD-020-19 DATES AND TIMES OF TAILGATE EVENT Alcohol may only be sold, served and/or consumed during the hours specified on your permit. Note: the tailgate event can begin/continue beyond hours specified on your permit, however, the sale, service and/or consumption of alcohol is limited to the time authorized on your permit. A Tailgate Event Permit will be generally be effective on the same day as the sporting event to which the tailgate event is connected, and the hours must be between 9:00 a.m. to 2:00 a.m. on any day (except New Year’s Eve (December 31) where hours may be between 9:00 a.m. and 3:00 a.m. the following day (January 1)). Date(s): Indicate the date on which the tailgate event will take place. If your event runs into the following day (e.g. until 2:00 a.m.), you must only indicate the first day (e.g. if the event begins April 9th at 7:00 p.m. and ends April 10th at 2:00 a.m. you would only indicate “April 9”). Start Time: Indicate the time at which the sale, service and/or consumption of alcohol will begin. End Time: Indicate the time at which the sale, service and/or consumption of alcohol will end. Please note that the signs of alcohol must be cleared no later than 45 minutes after the end of the serving period (e.g. if your permit indicates an end time of 4:00 p.m., all alcohol and signs of service and/or consumption must be cleared by 4:45 p.m.). APPLYING FOR MULTIPLE EVENTS IN ONE APPLICTION You may apply for more than one tailgate event in the same application, if: Each tailgate event is one in a series of events (e.g. tailgate events for all home games of sports team; tailgate events for all games in a playoff series or tournament) The application for the permit is for all of the events (dates) The nature, purpose, location and target audience of each of the tailgate event dates are the same (e.g. tailgate event for all home games, etc.) As a result of doing so, the permit holder is not operating an ongoing business, or does not appear to be doing so Each tailgate event is in connection with and in proximity to a sporting event TAILGATE EVENT LOCATION NAME OR AREA You must provide a description of the outdoor area where the tailgate event will be held. Please use specific descriptions (e.g. parking lot, park, fenced area) and name of the area, if applicable. ESTIMATED ATTENDANCE Indicate how many people you expect will attend the event per day. Page 88 Attachment 1 to Report CLD-020-19 SPORTING EVENT INFORMATION All tailgate events be must held in connection with, and in proximity to, a professional, semi- professional or post-secondary sporting event in Ontario. In this section of the application, you will be required to provide the following information about the live sporting event: 1. Type of sport 2. Category (i.e. Professional, semi-professional or post-secondary) 3. Governing body or league (e.g., Canadian Football League (CFL), National Basketball Association (NBA)) 4. Date, time and location of the sporting event 5. Name of participating teams If you are applying for more than one tailgate event in your application, you must provide the above information about the sporting event connected with each tailgate event date. TAILGATE EVENT LOCATION REQUIREMENTS/INFORMATION The location/area where the tailgate event is to take place must meet the requirements below. The following location requirements must be met: The permit/location area where alcohol will be sold, served or consumed must be outdoors and at the ground level The permit location/area where alcohol will be sold/served/consumed must be readily distinguishable from adjacent areas where the permit does not apply. This means that all areas that are not part of the permit area must be clearly and visibly separated from those areas covered under the Tailgate Event Permit. For example, boundaries of the permit area could be identified using: o Painted lines, tape or dots around perimeter o Plants, furniture, or other fixed items o Ropes and temporary fences o Pylons or other similar visible markers o Signage indicating where alcohol can be consumed or is prohibited The premises may not be a residence or dwelling. Outdoor common areas at the ground level of a multi-unit residential building (i.e. condo/apartment) are not considered a dwelling. The location may not be in a dry area if alcohol is to be sold at the event. A dry area is an area/municipality where alcohol is not sold. You will be required to confirm that you, as the permit holder, are authorized to use the proposed permit area for the tailgate event. Page 89 Attachment 1 to Report CLD-020-19 TENTS, MARQUEES, PAVILIONS OR TIERED SEATING You must indicate in the application whether alcohol will be sold, served or consumed in tents, marquees, pavilions or tiered seating areas (e.g. bleacher seating, stadium- type seating, seating arranged in sloping tiers). As part of the application, you will be also required to provide a detailed sketch showing the dimensions of the tailgate event area for which the permit will apply (see Supporting Documents section). If there are tents, marquees, pavilions or tiered seating, please include them and identify their location within the sketch. Note: If a tent, marquee, pavilion or tiered seating is used, you must notify the local building department in writing (please see Section 5 – Notification to Municipal Authorities) WILL ALCOHOL BE SOLD AND SERVED? You must answer “yes” to this question if you are collecting money for alcohol either directly, through the sale of alcohol or drink tickets at the event (e.g. cash bar, sale of drink tickets), or indirectly through an admission charge that covers alcohol (e.g. drink tickets included with admission) or the collection of money for alcohol before the event. SUPPORTING DOCUMENTS The following documents will be required for your application: Detailed Sketch - A detailed sketch showing the dimensions of the tailgate event area for which the permit will apply. If there are tents, marquees, pavilions or tiered seating, please include them within the sketch. Example: Notification Letters - Copies of letters sent to the local municipal clerk’s department, police, fire and health departments informing them of the outdoor event. As well as, a copy of the letter sent to the local building department if a tent, marquee, pavilion or tiered seating is used within the permitted area. Note: You may also provide any supplementary documents you feel may be helpful in the review of your application. Page 90 Attachment 1 to Report CLD-020-19 Section 8: Purchasing Alcohol for Sale and Service at a Tailgate Event If you are selling or serving alcohol at your tailgate event, generally, all alcohol must be purchased in Ontario from an authorized government retail store (LCBO, The Beer Store or authorized manufacturer’s retail store). Applicants should contact the Canada Revenue Agency for information concerning any collection of Harmonized Sales Tax (HST) or other obligations they may have relating to the HST and the sale of alcohol under the permit. The permit and product receipts for all alcohol products purchased under the permit must be readily available during the Tailgate Event for presentation upon request at the event by AGCO Compliance Officials or police officers. Section 9: Storage of Alcohol Purchased under your Tailgate Event Permit Alcohol that has not been consumed that was purchased by the permit holder under the Tailgate Event Permit for sale or service at the event must be removed from the premises at the end of the event. When returning unopened alcohol purchased from a government store, you must produce the permit and a copy of your payment records (e.g. receipts and/or invoices). Check with the retailer at which you purchased the alcohol for further details. If a permit is issued for more than one tailgate event, the permit holder may store alcohol that is sold under the permit between event dates if the permit holder: Stores the alcohol in a secure area that is not a dwelling; Ensures that the alcohol is stored separately from other alcohol not sold under the permit; Provides the AGCO with a list of persons with access to the location, upon request; and Ensures that the alcohol is made available to AGCO Compliance Officials and police officers for inspection upon request. Section 10: Changes to your Tailgate Event/Permit If there is a change to the permit area(s) or the tailgate event after the permit is issued, including any of the following, the permit holder must submit a change request: if there has been a change in the event date, hours and/or location if alcohol will be served, sold or consumed in tents, marquees, pavilions or tiered seating if there has been a change to whether you are charging for alcohol directly, through the sale of alcohol or drink tickets at the event (e.g. cash bar, sale of drink tickets), or indirectly through an admission charge that covers alcohol (e.g. drink tickets included with admission) or the collection of money for alcohol before the event. In some cases, a new permit may be required. If the permit holder does not notify the AGCO by submitting such a request, administrative action may be taken against the permit holder including, but not limited to, the immediate revocation of the Tailgate Event Permit. Application fees are non-refundable. In addition, if the sporting event for which your Tailgate Event Permit has been issued is cancelled, you must notify the AGCO. Page 91 Attachment 1 to Report CLD-020-19 Section 11: Revocation of Permit A police officer or AGCO Compliance Official may revoke a Tailgate Event Permit while the event is underway if he/she reasonably believes that the Liquor Licence Act or its regulations are being contravened in connection with the event. Any Tailgate Event Permit holder may be issued a monetary penalty as a result of specific breaches of the Liquor Licence Act and its regulations. For further information on monetary penalty refer to the Schedule of Monetary Penalties which can be found on the AGCO website. Section 12: Event Guidelines RESPONSIBLE PERSON(S) The Permit Holder, Responsible Person(s) and/or Designated Person must be present throughout the tailgate event. PATRONS DEPARTING WITH UNFINISHED ALCOHOL Under a Tailgate Event Permit, the permit holder must allow patrons to bring their own alcohol for consumption at the event. It is the responsibility of the permit holder to ensure that patrons attending the tailgate event do not leave the permit area with unsealed or opened alcohol. In cases where a patron is departing the event in a motorized vehicle (other than a form of public transit), the permit holder must ensure that the alcohol that is leaving the premises is sealed and unopened, or packed in baggage that is fastened closed and not readily available to anyone in the vehicle. Permit holders must also ensure that patrons leaving by foot, or other means, transport any of their unfinished alcohol in a closed container. VEHICLES IN THE PERMIT AREA Under a Tailgate Event Permit, permit holders may allow vehicles to enter and park within the permit area (i.e. a tailgate event taking place in a parking lot). Permit holders are responsible for ensuring the safety and security of patrons attending the event. ADVERTISING A Tailgate Event permit holder may advertise or promote the availability of alcohol only in accordance with the Registrar’s Advertising Guidelines. Please refer to Subsection 7(2), Regulation 389/91 of the Liquor Licence Act for further information. SECURITY The permit holder must provide security sufficient to ensure that the conditions of the permit and requirements of the Liquor Licence Act are observed. In order to determine whether security is sufficient, the permit holder shall consider: The size of the premises The age and number of persons attending the event If vehicles are present. Page 92 Attachment 1 to Report CLD-020-19 COMPLIANCE WITH THE LAW AGCO Compliance Officials and police officers have the authority to access and inspect any location or area where a Tailgate event is being held. If breaches of the Liquor Licence Act or its regulations are observed or if there is an immediate threat to public safety, an AGCO Compliance Official or police officer may revoke a SOP while the event is underway. A Permit Holder, Responsible Person(s) and/or Designated Person may be issued a monetary penalty by the AGCO as a result of specific breaches of the Liquor Licence Act or its regulations. For further information please refer to the Schedule of Monetary Penalties. SERVER TRAINING Smart Serve Ontario offers a responsible alcohol beverage service training program for the Ontario hospitality industry. While not a requirement, permit holders and/or their staff may wish to consider taking this training to learn more about safe and responsible sale and service of alcohol. For more information, please contact Smart Serve Ontario (see Appendix A –Contact Information) AGCO RESOURCES The AGCO has published a tip sheet to help you in planning your event. Appendix A – Contact Information Alcohol and Gaming Commission of Ontario (AGCO) 90 Sheppard Avenue East, Suite 200 Toronto, ON M2N 0A4 Website: www.agco.ca or iAGCO online portal Tel: 416-326-8700 Toll Free in Ontario: 1-800-522-2876 Additional Industry Contacts Canada Revenue Agency Website: www.cra-arc.gc.ca/ Liquor Control Board of Ontario (LCBO) Telephone: 416-365-5900Toll-free in Ontario: 1-800-668-5226Mobile: #LCBO (#5226) TTY Toll free in Ontario: 1-800-361-3291 Website: www.hellolcbo.com Liquor Licence Act and Regulations (Government of Ontario) Telephone: 416-326-5300TTY/Teletypewriter (for the hearing impaired): 416-325-3408Toll free across Canada: 1-800-668-9938TTY Toll free in Ontario 1-800-268- 7095Website: www.ontario.ca/laws/statute/90l19 Ontario Municipalities Website: www.mah.gov.on.ca/page1591.aspx Smart Serve Ontario 5407 Eglinton Avenue West, Suite 105Toronto, ON M9C 5K6Telephone: 416-695-8737Toll- free in Ontario: 1-877-620-6082Email: info@smartserve.ca Website: www.smartserve.ca Page 93 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: COD-014-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: Marie Marano, Director of Corporate Services Resolution#: Reviewed By: Andrew C. Allison, CAO File Number: [If applicable, enter File Number] Report Subject: Benefits Cost Containment Best Practices Recommendation: 1. That Report COD-014-19 be received for information. Page 94 Municipality of Clarington Page 2 Report COD-014-19 1. Background Council Resolution GG-296-19 1.1. At the May 21, 2019 Council Meeting the following resolution #GG-296-19 was approved: That Report COD-006-19 be received; and That Staff be directed to report back on best practices for negotiating employee benefits to limit increases and provide an indication of other municipality’s Council involvement in negotiations. 2. OMHRA Survey of Municipalities 2.1. In order to obtain an independent response from municipalities, the Ontar io Municipal Human Resources Association (OMHRA) was engaged to undertake a survey of municipalities in their membership base. OMHRA represents over 200 of the 440 Ontario municipalities, and covers an employee base of over 85,000. The cost of the survey was $200. 2.2. The survey was sent out by OMHRA on May 28, 2019 and rem ained open for participation until June 7, 2019. A copy of the OMHRA survey is Attachment #1. 3. Survey Results 3.1. The survey produced responses from 32 municipalities. In addition, Staff reached out to Whitby and Ajax, who did not respond to the initial survey request, in order to obtain more comparisons within the Region of Durham municipalities. 3.2. The survey was intended to answer the key questions posed by Council, and was structured with only ten questions in order to encourage participation. The two key questions based on Resolution GG-296-19 were to determine 1) best practices that limit increases on premiums for employee benefits and 2) the extent of Council involvement in negotiations, in other municipalities. Report Overview Reporting to Council regarding best practices for cost containment related to health benefit programs. Page 95 Municipality of Clarington Page 3 Report COD-014-19 3.3. Attachment #2 Summary of Overall Results lists the 10 questions posed in the survey. It indicates the number of responses that were received on each of the questions. In addition it lists the responses from Ajax and Whitby as a result of reaching out for information. 3.4. The key question of Council participation in negotiations indicated that 29 do not have Council participation, 2 have a member at the table, and 1 is in the process of changing to no participation. 3.5. Attachment #3 Best Practices Summary lists best practices as identified by 28 responders plus Ajax and Whitby, and includes such initiatives as wellness, mandatory generic drugs, dispensing fee caps, group buying such as the Clarington LAS Consortium plan, etc. Many of the best practices identified are represented fairly commonly amongst the municipalities, including Clarington. Two Municipalities, Sault Ste. Marie (790 employees) and Newmarket (409 employees) indicated Administrative Services Only (ASO) as a best practice. 3.6. Attachment #4 Survey Responses by Participants lists the actual responses by the 32 responding municipalities, to all ten questions. The wording in each section is taken directly from the survey in the words of the municipal representative. In addition, responses from Ajax and Whitby have been included. 4. Concurrence Not Applicable. 5. Conclusion 5.1. The benefit cost containment initiatives that Clarington has undertaken over the years, including per visit cap on some paramedical services, dispensing fee cap s and mandatory generic drugs reflect the best practices listed by many of the municipalities who responded to the survey. Ajax noted “pooling benefits” as a potential way to limit costs. This option was previously explored by Clarington and the advice was that it tends to increase costs because the pooling provides a total amount to be used, often resulting in greater use for more of the popular utilized services (i.e. massage). Having a defined amount for specific benefits limits the overall cost because not every employee accesses every benefit (i.e. not everyone uses physiotherapy). 5.2. Staff will continue to monitor trends in the market and any new initiatives that may be identified by comparator municipalities, for consideration in future negotiations. 5.3. It is respectfully recommended that this report be received for information. Page 96 Municipality of Clarington Page 4 Report COD-014-19 Staff Contact: Marie Marano, Director of Corporate Services, ext. 2202; Lisa Wheller, Human Resources Manager, ext. 2205 and Kerri McMullen Compensation & Benefits Supervisor ext. 2206 . Attachments: Attachment 1 – OMHRA Best Practices Survey Attachment 2 – Summary of Overall Results Attachment 3 – Best Practices Summary Attachment 4 – Survey Responses by Participants Interested Parties: There are no interested parties to be notified of Council's decision. Page 97 Page 98 Page 99 Attachment # 2 Questions # of Responses Ajax & Whitby Results 1 How many full time employees do you have?32 2 Noted on Chart, Attachment # 4 2 Does your collective bargaining team for the corporation include any member of Council. If yes, how many and what is the involvement? No - 29 Yes - 2 1- Changing No Noted on Chart, Attachment # 4 (One municipality, Port Hope listed as #27 is changing from having Council participate, to no participation. Details per Attachment # 4. Generally as follows: 15 - for mandate and at conclusion 14 - at various times as required 1 - at conclusion, after negotiations are complete 1 - no update unless possible strike 1 - no union staff Ajax - at conclusion to ratify / Whitby - periodic updates 4 Does Council provide a mandate to the corporate bargaining team prior to starting negotiations with a bargaining unit? If so, what mandates are specifically related to benefits and wages? 24 2 24 Mandate provided by Council, details as per chart. 1 Ajax - no mandate. 1 Whitby - yes - typically a financial mandate. 5 What benefit cost containment measures do you currently have in place? 25 Various Benefit containment measures in place over time; see chart for details 23 participants note specifics, 2 noted annual reviews, without noting specific measures 6 What has been negotiated with your various bargaining units to assist with cost containment; i.e., deductible, medical note prescriptions, cost sharing, employee only coverage, etc.? Please specify what measures apply to which bargaining unit or employee group. 31 Specifics of negotiations with employee groups outlined on chart. 24 noted measures in place, 7 noted general comments 7 Do you provide early retiree benefits to employees who retire before age 65? 28 2 Provide early retiree benefits to age 65 8 Do you provide benefits to retirees beyond age 65 and if so, what groups? Please specify the type of benefits provided to each group and how long they are provided. 10 2 Benefits post age 65, chart indicates employee groups. Of the 10 Groups: 3 Fire, 1 Police, 2 Sr. Mgmt. Ajax - Fire - Health Spending Account (HAS) Whitby - Fire - Trust Fund 9 Have you been successful in removing or reducing benefits through employee collective agreement negotiations? If yes, which benefit(s) and which bargaining unit? 13 12 note success removing or reducing benefits through collective agreement negotiation, see chart for details i.e. dispensing fee cap, generic drugs, per visit cap. 1 notes Sick Days - not covered in premiums for Clarington 10 What do you consider as the "best practice" you have in place to contain or limit increases of premiums for employee benefits? 24 2 As described - separate table on Attachment # 2. (includes Wellness, generic drugs, dispensing fee cap etc. Ajax similar, added pooling benefits / Whitby working to cap unlimited paramedicals. 21 identify actions/measures 5 are general comments Benefit Best Practices Survey - Summary of Overall Results From 32 out of 200 OMHRA Municipalities Note: Clarington is Not Included in the Numbers Referenced If there are no members of Council on the corporate bargaining team, when and how often do you provide updates to Council on the progress on negotiations? Does this process differ by bargaining unit? 323 2 Page 100 Attachment # 3 IDENTIFIED BEST PRACTICES IN PLACE 1 Ottawa 11,000 $2 per prescription deductible, $7 dispensing fee cap, generic substitution, 5 dispensing fees for maintenance drugs and massage referrals. The MOST important is having employees live a healthy lifestyle so they do not need to claim as much. 2 Region of Peel 4000 3 Thunder Bay 1500 4 Kingston 1375 5 Brantford 1300 6 Peterborough 1000 7 Norfolk County 800 Health and Wellness promotion resulting in reduced claim costs, and benefit consultant negotiation of annual renewals, including marketing when required. 8 Oxford County 800 The per visit limit works well. We have negotiated slight increases to that limit. We have also recently, as mentioned above, increased maximums for employees only. This was appreciated by the union because they saw that we recognized the need for them, but the understood the associated costs for us. 9 Sault Ste. Marie 790 We are ASO not premium based. We do require proof of common-law benefits; educate staff on removing those dependents no longer meeting plan definition. 10 Oshawa 704 obtaining accurate costing of benefit asks - looking at total expense of increases to wages and benefits to determine feasibility. 11 Waterloo 700 Mandatory generic drugs, caps on paramedical practitioners, dispensing fee cap, drug risk management. 12 County of Essex 650 Green Shield is doing lots of audits of vendors who might be abusing the system 13 Cornwall 550 Personal Leave and STD programs to contain absenteeism 14 County of Grey 472 we are starting with our non union group to look for savings (drug formulary, etc.) Once this is in place we plan to hit our unions next 15 Pickering 415 With limited resources, we like to make enhancements that will be most beneficial to employees and where they will notice the change, rather than increasing such items as the dispensing fee cap (which they always ask for but is a costly and insignificant change). 16 Newmarket 409 We move to self-insured, under an Administrative Services Only Agreement with our benefit provided and also made the move to Health Spending Accounts. This has all helped significantly 17 County of Huron 385 We are looking for best practices! 18 Clarington 327 Premiums - Single, Single +1 and Family rates, Reduced Dental Units (CUPE & Non- Affiliated). Benefits Consultant as part of pooled consortium buying for benefits (LAS). Wellness initiatives, Dispensing Fee Cap, Generic Drugs Mandatory, some Per Limit Visit Paramedicals 19 County of Elgin 315 we have the basics only - we would like to implement mandatory generic for SEIU and ONA - no luck thus far... 20 Halton Hills 285 Mandatory generics for all groups, for non-union we require a medical Note to access the massage benefit, orthotics require medical notes for all groups 21 Orillia 256 I cost every request during the bargaining process and share the information at the bargaining table. Most employees are not aware of the costs of benefits and how even a minimal increases the budget. 22 Owen Sound 250 Wellness initiatives 23 County Frontenac 220 Nothing major. only as noted 24 Brantford 196 We would like more than we currently have. Prior authorization has helped a bit and generic substitution as well on some caps on massage and other paramedicals 25 Collingwood 160 None Monday, August 26, 2019 What do you consider as the best practice• you have in place to contain or limit increases of premiums for employee benefits? Response as Written by Survey Participants #Organization # Full- Time Empl. Page 101 What do you consider as the best practice• you have in place to contain or limit increases of premiums for employee benefits? Response as Written by Survey Participants #Organization # Full- Time Empl. 26 Fort Erie 142 Review benefits regularly with CUPE and also our benefits broker to ensure we are aware of what is in the marketplace and at what cost. 27 Port Hope 100 Prescription drug reimbursement should be for medication 'legally' requiring a prescription i.e. not reimbursed for a prescription for over the counter drugs. 28 Huntsville 100 Our benefit administrator company (SelectPath) is very aware of costs and negotiates on our behalf that is fiscally responsible. We have done very well through this company. 29 Hawkesbury 75 The presentation was an eye opener. Costs and trends were shown 30 Bracebridge 72 The dental cap was implemented in our 2016 negotiations, and while not a significant change in itself, the goal was that it would lead to open discussions for further caps and cost containment measures in the 2021 negotiations. (which would then be applied to non-union groups also) 31 Kingsville 60 Constant review with brokers and reviews of plans, we are currently set up for refund claims pooling, which assist with having pool of money to invest back into the plan or take out if needed. Our claims are fairly low and this has worked for us in the past. If we had high claims it could be risky. 32 Renfrew 55 The Town is part of a larger Municipal Benefits Group, comprised of 14 municipalities, which improves our collective experience ratings for most renewals 33 Aylmer 50 A year to year review of usage and costs, looking at trends and discussing options available. We also pool our benefits with a number of municipalities which helps keep costs down. 34 Ajax 340 Putting annual maximums/caps, co-insurance, sometimes pooling benefits can limit costs, review your current financial model for your benefit plan, go to market. 35 Whitby 538 We have been working toward putting caps on our benefits. Many had been previously negotiated as unlimited benefits (paramedical ones mostly). We have also been working to educate our employees alongside our provider best usage ie generic vs brand name, benefits fraud etc. We also try to minimize our "exceptions to standard booklet benefits are. Ajax & Whitby - Response Page 102 #################Attachment # 4 #Organization # Full- Time Empl. Council Updates Is a Council Mandate Provided? Benefit Cost Containment Measures in Place Details of Cost Containment Early Retiree Benefits Provided Benefits Post 65 Successful Negotiating Reductions? Best Containment Practices Questions > 1 3 4 5 6 7 8 9 10 Yes No Responses Reflected on Att.# 2 1 Ottawa 11,000 No Updates provided as required, in the normal course. Council is updated when the bargaining team is seeking mandate, when ratifying, and when receiving an interest arbitration award. They may also be updated upon request. Process typically does not differ by bargaining unit. Yes. The bargaining teams are provided one financial mandate for all bargaining units in the City. From that amount, both wages and benefits must be negotiated. N/A Deductibles, medical note prescriptions and cost sharing has been negotiated with most bargaining units. Yes Yes must have 10 years service, collecting an OMERS pension and be covered for employee health benefits. This can occur at any age based on the OMERS early retirement rules for a reduced pension. Benefits only continue to age 65. Fire needs 20 years service for a lifetime benefit and Transit needs 25 years service for the same benefits as employees except No LTD. See prior comment. Yes we have been successful. CIPP now has 5 dispensing fees for maintenance drugs. Firefighters have a $9 dispensing fee by arbitration. $2 per prescription deductible, $7 dispensing fee cap, generic substitution, 5 dispensing fees for maintenance drugs and massage referrals. The MOST important is having employees live a healthy lifestyle so they do not need to claim as much. 2 Region of Peel 4000 No Prepared to provide an update at each session Overall mandate for wages and benefits is provided 90-10 on dental. Caps on orthotics 9 month recall Mandatory Generics 90-10 dental Cap on orthotics 9 month recall Mandatory Generics Yes No CUPE Dental Costs Prescription Drug Costs Orthotics 3 Thunder Bay 1500 No We are consistent in updating council with each bargaining unit and we typically go about 3 times to Council for each Bargaining Unit- maybe more if (Conciliation, possible strike action, Arbitration). Yes- CPI, public sector wage increases, classifications, City of Thunder Bay internal comparators, municipal comparators Most bargaining units have: 9 month dental recall, generic drug substitution, a dispensing fee cap (most are $8) 9 month dental recall, generic drug sub: ATU, CUPE (Inside/Outside), Fire, Unifor Homes, IBEW, Unifor EMS 9 month dental recall- ONA 4 Kingston 1375 No Go to get original mandate and then report back upon conclusion of bargaining, which is then ratified in an open session as part of a regular council meeting. No, the Director of Human Resources recommends a mandate to council, which takes into consideration the term of the collective agreement and recent bargaining results relative to wages and benefits of other municipalities We are currently not looking to increase any benefit levels and have small measures in place such as dispensing fee caps and deductibles on some plans. Dispensing fee maximums on almost all of our groups, deductibles on a handful of others, recently bargained retiree benefit levels based on years of service to ensure someone with 3 years of service does not retire with 10 years of City paid benefits. Yes Just one group, looking to remove the language from the CA and grandfathering the group CUPE - retiree benefits based off years of service 5 Brantford 1300 No We obtain a mandate from Council prior to negotiations and return to Council when a tentative settlement is reached for Council ratification. If the parties are at an impasse, we report to Council to advise them of the potential labour disruption/move to binding arbitration or to obtain a revised mandate. Yes. The mandate is a percentage adjustment for wage and benefit adjustments, excluding the associated impact of statutory benefits (e.g. EHT, CPP, EI, etc.) Mandatory generic drug substitution, premium cost share dental benefits, coverage maximums. The information provided in #8 apply to most of our bargaining units. Yes Must have minimum 10 years continuous service Fire has a Health Care Spending Account for 7 consecutive years with eligible value ($ amount) based on sick leave balance at time of retirement With our CUPE bargaining units, two rounds of bargaining ago, we were able to harmonize the various benefit plans within each CUPE Collective Agreement to create one master plan for our CUPE units (excluding the newest one for Custodians, Caretakers and Cleaners). In our exempt group (Staff Association) we also implemented a physiotherapy maximum coverage of $1,500 annually (previously unlimited) based on usage AND implemented a dispensing fee cap of $11.00 6 Peterborough 1000 No The bargaining team gets direction from Council via a report prior to bargaining and then takes the final settlement to Council for ratification. Updates may be provided if a work stoppage was a threat. The process is generally the same for each bargaining unit. Yes. The mandate is usually an all-in percentage increase. So bargaining units have flexibility to "buy" benefits or wages. The mandate generally does include anything related to CA language. annual deductible express scripts pharmacy (provider initiative) cost sharing for part-time employees (CUPE 126 & 1833) different maximums for employee vs. dependent (i.e. paramedical providers, not all covered for dependents and annual is lower amount) Yes No No 7 Norfolk County 800 No Depending on how bargaining is going we may provide an update, but Normally prior to an agreement. Yes, all encompassing mandate of total dollar amount. Through bargaining calculate how benefits can fit into the mandate. Cost sharing of monthly premiums.Cost sharing of month premiums 80/20. new hires pay 20%. Yes Most groups have been phased out for new hires only. Most others are eligible to early retirement benefits up to age 65. No No Health and Wellness promotion resulting in reduced claim costs, and benefit consultant negotiation of annual renewals, including marketing when required. Responses are Summarized on Attachment # 1. Durham Municipalites Shaded Council Involved in Negotiations SURVEY RESPONSES BY PARTICIPANTS ( As Written) Comments on Early Retiree Benefits 2 Responses Summarized on Att.# 1. Page 1 of 5 Page 103 #Organization # Full- Time Empl. Council Updates Is a Council Mandate Provided? Benefit Cost Containment Measures in Place Details of Cost Containment Early Retiree Benefits Provided Benefits Post 65 Successful Negotiating Reductions? Best Containment Practices Council Involved in Negotiations Comments on Early Retiree Benefits 8 Oxford County 800 No The Council receives a report once there is a tentative settlement, at which time they ratify the agreement. This process is the same for all bargaining units. We have pretty positive relationships with our unionized groups, which facilitates this process. Should there be the potential of a strike or anything else controversial, Council would be notified, likely in closed session. Typically we will have a total compensation mandate (ie. any improvements/increases must be to a maximum of a certain percentage). We have in the past been mandated to negotiate cost containment measures (ie. mandatory generic, dispensing fee caps). The mandate from Council would have been to contain the costs, our Director of HR would figure out how to do that. Mandatory generic drugs, dispensing fee cap. We have per visit limits on most of our paramedicals. All of our groups have the mandatory generic drugs and a dispensing fee cap. With our paramedics, we recently negotiated an increase to massage and chiro maximums, but we did it for employee ONLY. We recognize the need for them to have chiro and massage, but wanted to contain that cost as well. No The only exception is our Wastewater group, whom we inherited from the City with this benefit. No.No. Just successful with some of the cost containment measures. The per visit limit works well. We have negotiated slight increases to that limit. We have also recently, as mentioned, increased maximums for employees only. This was appreciated by the union because they saw that we recognized the need for them, but the understood the associated costs for us. 9 Sault Ste Marie 790 No 2-3 times and more for interest Arb. Does not differ. Yes. Overall percentage of increase to budget. Some cost containment through negotiations. For example massage is heavily used so trying to bargain 50/50 copay rather than annual paramed dollar amount. All groups but Fire/Police/EMS are in negotiations currently and proposed 50/50 copay on paramedical. Proposed removing EAP services and adding a separate Psych/MSW benefit. Yes Extended Health to age 65 Non Union HCSA, Drug, Travel, $10,000 life to age 75. Police Officers/Civilians Drug to age 70. SO, Chief, Deputy Chief as negotiated in contract. Other groups are allowed to purchase benefits beyond age 65. No We are ASO not premium based. We do require proof of common-law benefits; educate staff on removing those dependents No longer meeting plan definition. 10 Oshawa 704 No We present to council our direction prior to negotiations and present them the agreement for ratification Finance and our research provides a mandate for wages and benefits 3 year rolling max for benefits, reimbursement according to usual and customary practices, support for benefits consultant the 3 year rolling max for benefits (between 19,500 and 20,000) is the greatest cost containment strategy. Yes We do (for all groups) - same for retirees under 65 - it's a scaled back version of the active plan. Dental is not included n/a obtaining accurate costing of benefit asks - looking at total expense of increases to wages and benefits to determine feasibility. 11 Waterloo 700 No Periodically during negotiations, same for all. Yes, set mandate. Normally a total budget number and sometime individual items (this changes each time). Mandatory generic drugs, caps on paramedical practitioners, dispensing fee cap, drug risk management. Mandatory generic drugs, caps on paramedical practitioners, dispensing fee cap, drug risk management. Yes Fire up to age 72 through a health care spending account. No.Mandatory generic drugs, caps on paramedical practitioners, dispensing fee cap, drug risk management. 12 County of Essex 650 No get a mandate from Council, Then give an update when conciliator brought in, then again at no board report time, and finally for ratification. yes, we ask for a "total Comp" mandate. We recommend to them what we think it should be. our biggest cost is our sick plan. We are trying to completely revamp it. No success Yes if retire on an unreduced pension No No Green Shield is doing lots of audits of vendors who might be abusing the system 13 Cornwall 550 No Council provided updates as necessary; usually monthly during bargaining reporting, even if no change in status. Also, will provide an email summary of items in between meetings if there is a substantive change. Yes; a total compensation % increase target. Will also provide overview of other proposals that will be sought. Generic drugs; 75% STD, See prior Yes No benefits to any city employee beyond age 65, except for unionized police employees that previously had benefits for life. Grandfathered effective 2009. Personal Leave and STD programs to contain absenteeism 14 County of Grey 472 No usually we only provide updates if it looks like there is difficulty in getting an agreement that could lead to potential strike yes, usually a mandate of % that includes all in try to only give improvements for paramedicals to employee only, not their dependents. benefit improvements come out of the overall COLA we are allowed to give employee only coverage has been successful with paramedics and LTC unions Yes No No success yet we are starting with our Non union group to look for savings (drug formulary, etc.) Once this is in place we plan to hit our unions next 15 Pickering 415 No Council is advised of our bargaining mandate prior to the start of negotiations and highlights of the unions proposal. If there is a contentious issue, this may be discussed with them prior to bargaining. We do not provide updates to council during the process, unless we were unable to reach an agreement. Otherwise, our agreement is presented at the end for their review and approval. No Annual limits on paramedical services, cap on physiotherapy (CUPE and Non- union only), No assignment of benefits for dental, cap on dispensing fee, co- payments etc. co-payment for dental - all groups note required for massage therapy - CUPE and Fire Yes For those retiring with an unreduced pension as defined by OMERS Senior Management (Director level only) and Council with 16 years of continuous service up to age 75. Health, Dental, Vision and Travel with caps on travel at age 70. cap on physiotherapy - CUPE With limited resources, we like to make enhancements that will be most beneficial to employees and where they will notice the change, rather than increasing such items as the dispensing fee cap (which they always ask for but is a costly and insignificant change). Page 2 of 5 Page 104 #Organization # Full- Time Empl. Council Updates Is a Council Mandate Provided? Benefit Cost Containment Measures in Place Details of Cost Containment Early Retiree Benefits Provided Benefits Post 65 Successful Negotiating Reductions? Best Containment Practices Council Involved in Negotiations Comments on Early Retiree Benefits 16 Newmarket 409 We provide updates to Council as the situation unfolds. For example, with Fire there may be long periods without any updates as the process is very slow. With SEIU however, we may provide one update part way through the process and then the final report and request for approval of the agreement. The HR Director along with the Fire Chief presents a draft mandate to the CAO for discussion and with the CAO's approval moves forward. With SEIU, the Commissioner has initial approval of the mandate with the final approval resting with the CAO. In neither case does the request go to Council. Caps on certain services, cost sharing on some services, maximum dispensing fee, generic drugs. see prior Yes Either group health and dental continue or the employee receives a Health Spending Account only. This is based on years of service and age at the time we changed this benefit to a Health Spending Account. We are still in that transition period so some retirees are retiring with health and dental to age 65 and others are retiring only with the HSA until age 65. No benefits after age 65 unless they continue to work, then it is a HSA. No We did a shift in benefits to introduce a Health Spending Account a couple of years back and SEIU agreed to make the move as well. We eliminated a couple of benefits, reduced dollars for naturopath and introduced a HSA of $750 for full time employees only. While very hesitant at first, it has taken off like wildfire and represents great cost containment for us. We move to self-insured, under an Administrative Services Only Agreement with our benefit provided and also made the move to Health Spending Accounts. This has all helped significantly 17 County of Huron 385 No We have 7 unions - sometimes with staggered expiry dates. I present data (current situation, comparators, what I would recommend and why) and ask for a mandate from Council prior to going into bargaining. I do the bargaining and come back to Council after the union has ratified the draft agreement. Then I present the final agreement to Council on one date and on the next meeting date they pass the by- law, then its final signatures all around and its ratified officially. See prior response. In the data I provide, I talk about what the Non union group has and what our other unions have. I give as much detail to Council as needed so they can make the decision on the mandate - for total compensation. Example: if mandate for total comp is 1.5% - I have to try and get a deal that 'all in' - everything that is tied to money, comes in at 1.5%. None - we don't offer anything that will take a union way above one of the other unions or Non union. However...often if we end up going to arbitration - the union will get the benefit anyways - or close to it. We have used medical notes, cost sharing and deductible. Yes No.No.We are looking for best practices! 18 Clarington 327 No CUPE - Council is updated if issues arise, and presented for ratification at conclusion. Fire - update to Council if proceeding to Mediation or Arbitration. Annual limits on paramedical services, (cap on physiotherapy for CUPE and Non affiliated only), co-payments on major dental, generic drug substitution, etc. Premiums set up as single, single +1 and family Reduced dental scaling to 8 units per year from 16 units. Per visit cap of limit per visit on Paramedicals. Dispensing Fee cap $12. Yes Yes must have 15 years of full time service with Municipality. Benefits only continue to age 65. No Premiums - Single, Single +1 and Family rates, Negotiated Reduced Dental Units (CUPE & Non-Affiliated). Benefits Consultant and part of consortium buying for benefits (LAS). Wellness initiatives, Dispensing Fee Cap, Generic Drugs Mandatory, some Per Limit Visit Paramedicals 19 County of Elgin 315 No updates provided depending on action - No "required" timeline/events to be reported yes - long history that mandate is maximum percentage increase on wages only -- all other items are left to the discretion of the HR negotiations team some groups have a co-pay per prescription; some groups have mandatory generic; some have a cap on the dispensing fee; dental coverage is one-year lag on rates SEIU - No semi-private hospital coverage (removed a few years ago for savings); capped on dispensing fee; per prescription charge; generic first (with ability for doc to write No substitutions on prescription); basic dental only - No ortho ONA - per prescription fee; capped dispensing fee; ortho coverage is 50/50 to $1500 lifetime Non-union and CUPE - cap on dispensing fee Yes Non-union only with qualifier that have worked for minimum of 20 years with the County prior to retirement No SEIU - removed semi-private hospital and agreed to generic first language we have the basics only - we would like to implement mandatory generic for SEIU and ONA - No luck thus far... 20 Halton Hills 285 No We seek Council approval to enter into negotiations and for direction on money available. If negotiations run smoothly and we are able to negotiate an agreement freely and within the approved budget, we don't report to Council until we are ready to sign the agreement. If there are any hiccups (such as needing to go to arbitration) we do an update to Council at the appropriate time. Yes. Council provides us with a percentage that is inclusive of all benefit, wage or other monetary items to stay within. Mandatory generics, caps on all other benefits except physio for CUPE and psychologist for Non-union/CUPE CUPE: brought down cap on orthotics to 2 pair & $750 max annually (saved us a lot of money on premiums). FIRE: We have been unsuccessful bringing any savings to this group lately but did introduce generics a number of years ago Yes end at age 65 No See Q9 answer Mandatory generics for all groups, for Non- union we require a medical note to access the massage benefit, orthotics require medical notes for all groups 21 Orillia 256 No I request a mandate and then report at the end of bargaining for IBEW Units. For Fire, I report more often as it often involves updated Council regarding what stage we are at. Yes - the mandate is recommended by the Director of HR to Council and includes wages only. I then provide the complete monetary costing when negotiations are complete. Generic vs. brand name. Dispensing fees. Dispensing fee caps for all units. Generic vs. brand names for all unit except Fire. We do not pay for medical notes for any unit. Yes No Adding a dispensing fee cap and changing to generic from brand name. I cost every request during the bargaining process and share the information at the bargaining table. Most employees are not aware of the costs of benefits and how even a minimal increases the budget. Page 3 of 5 Page 105 #Organization # Full- Time Empl. Council Updates Is a Council Mandate Provided? Benefit Cost Containment Measures in Place Details of Cost Containment Early Retiree Benefits Provided Benefits Post 65 Successful Negotiating Reductions? Best Containment Practices Council Involved in Negotiations Comments on Early Retiree Benefits 22 Owen Sound 250 No There is No set schedule of providing updates to Council. We provide updates to Council if reaching an agreement means going outside of the mandate provided by council, and get permission for the new mandate. We also provide updates if matters are referred to mediation or arbitration. Yes. An overall mandate is provided in a percentage ie 2% and we bargain total compensation. mandatory generic, per visit caps on paramedicals (some not all groups) Yes No No Wellness initiatives 23 County of Frontenac 220 No Prior to bargaining we review our strategy with Council. Following settlement, we attend Council to ask for ratification. our mandate is for the total compensation package to not exceed the budgeted amount. e.g. 2% dispensing fee cap with Non-union and 2/3 unionized groups; ODB for one unionized group; $20/$40 deductible for Non-union and 2/3 unionized groups; sick time - after the 6th occasion of illness, the first two days of each subsequent absence will be unpaid - this is in all but one unionized group; dispensing fee cap in all but CUPE 2290. deductible increase to $20/$40 in CUPE 109; OPSEU 462 and Non- union group; After 6th occasion of illness - in all but CUPE 2290 No No.No. only increasing deductible and implementing dispensing fee cap with CUPE 109; OPSEU 462 and Non-union nothing major. only as noted 24 Brantford 196 No I will seek a bargaining mandate prior to bargaining and will go back to council if bargaining extends beyond the mandate. If not, I update council and seek ratification of the memorandum of settlement from council in order to finalize the agreement. The mandate is all about benefits and wages. Prior authorization, some annual maximums, generic substitution Only what has been mentioned in the previous question Yes Only for fire and that was awarded through arbitration We currently do not provide this benefit We have tried on numerous occasions but have yet to be successful We would like more than we currently have. Prior authorization has helped a bit and generic substitution as well on some caps on massage and other paramedicals 25 Collingwood 160 No We ask for a mandate to begin and report back as needed (e.g., Memorandum of Settlement, at impasse and going to conciliation, etc.) Yes - generally with respect to wages prior authorization, mandatory generic None Yes Life insurance to IBEW-Water group - declining scale None None 26 Fort Erie 142 No We only have 1 bargaining unit. We meet with Council prior to the start of negotiations to get guidelines, then periodic updates depending on length of time and tone of negotiations, then to ratify yes and yes We have a Joint Benefits Committee who meet separately, so benefits aren't usually considered during the negotiations, unless of great significance. We went to a combined paramedical maximum for family and single coverage. This got us away from so much for massage, so much for chiropractor and really sold the members on a lot of the opportunities from it. Yes 50% of total cost of benefit rates in place No The Joint Benefit Committee, we moved coverage money from benefit to benefit. So if they wanted something new, they had to decide what to give up or reduce. Review benefits regularly with CUPE and also our benefits broker to ensure we are aware of what is in the marketplace and at what cost. 27 Port Hope 100 We are changing from having a Council representative on the NC to not having Council on the NC. Prior to negotiations we ask for the total compensation percentage and provide summary of negotiations for ratification Yes. Staff provide Council with proposed topics for discussion and Council gives feedback and decision on total compensation percent to be offered. Any amounts negotiated above would require Council approval before getting agreement by both parties. 9 month dental recall; generic drugs; don't bundle paramedical with a higher maximum value i.e. provide $500 for massage and physiotherapy individually and not $1000 for total of either of these services None of these cost containment measures have been included in the plans. WE have same benefits for early retirees and would suggest that arrangement change to cost sharing proportional to years of service. Yes Same benefit coverage as they had before they retired - No cost to Employee and No minimum service Active employees working beyond 65 are eligible for benefit continuation to age 70 for the CUPE Union and Non-Union employees. Retiree benefits end at age 65. change from 6 month to 9 month dental recall Prescription drug reimbursement should be for medication 'legally' requiring a prescription i.e. not reimbursed for a prescription for over the counter drugs. 28 Huntsville 100 No We provide a bargaining mandate report to Council with recommendations and then negotiate within those parameters that are adopted. Should we require more we then would have to go back to Council however that has not happened yet. This year we tried something different. We met with the union first to obtain their bargaining objectives that way we had an idea of what they were looking for and then could develop a better rounded bargaining mandate for council based on our needs as well. Our benefit program is a well rounded program already. They have asked for increases in maximum however we have always taken the stand that this is part of the overall compensation increase so what you ask for in benefit increases will affect increases to base wage increases. We do have a great benefit provider who keeps our costs manageable so we are not in a position that our benefit costs are "out of hand". We have looked into flex benefits in the past but as noted before it isn't a huge issue for us. Yes Employees who retire early (before age 65) and achieve a factor number of 85 with the municipality at the time of retirement and who take a retirement pension, will be provided with 50% of the cost of an extended health and dental program up to the age of 65. No We have just recently negotiated a cap on sick days, previously there was No stipulation. IBEW Our benefit administrator company (SelectPath) is very aware of costs and negotiates on our behalf that is fiscally responsible. We have done very well through this company. 29 Hawkesbury 75 No It was the first time that No member of Council was present. Regular (prior to negotiations, on road blocks, following votes) presentations were done. Will be more important for Fire negotiations Mandate is accepting our presentation We did an annual presentation of costs to employees prior to negotiation We have refused demands No Fire only. From 60 to 65 na The presentation was an eye opener. Costs and trends were shown 30 Bracebridge 72 2 at table usually a net zero increase $2100 cap on Level 1 and Level 11 dental for union $2000 cap on Level 1 and Level 11 dental for all others Dental caps as prior $100 annual deductible for EHC Yes Retiree benefits are provided only if the employee has 25 years of service. No.OPSEU is the only union here, and the only reduction of benefits was the dental cap noted prior. Few employees went beyond that cap amount in their annual usage so it was promoted as cost containment rather than a reduction. The dental cap was implemented in our 2016 negotiations, and while not a significant change in itself, the goal was that it would lead to open discussions for further caps and cost containment measures in the 2021 negotiations. (which would then be applied to Non-union groups also) 1 / Changing Page 4 of 5 Page 106 #Organization # Full- Time Empl. Council Updates Is a Council Mandate Provided? Benefit Cost Containment Measures in Place Details of Cost Containment Early Retiree Benefits Provided Benefits Post 65 Successful Negotiating Reductions? Best Containment Practices Council Involved in Negotiations Comments on Early Retiree Benefits 31 Kingsville 60 Mayor at table Currently give updates at our Personnel Meeting and will give updates on process in Closed Session Complete regular benefit cost reviews every 3 to 5 years The cost sharing method is a $10 deductible for prescriptions. All other costs are covered by the employer Yes No not currently, but will be continue to review the cost of benefits at negotiations. Constant review with brokers and reviews of plans, we are currently set up for refund claims pooling, which assist with having pool of money to invest back into the plan or take out if needed. Our claims are fairly low and this has worked for us in the past. If we had high claims it could be risky. 32 Renfrew 55 No Monthly - more frequently as required as negotiations progress Yes. Usually a percentage "cap" on the total wages and benefits package, over the term of an agreement None nothing has been negotiated at this time - five-year agreements expire at the end of 2019 Yes based on qualifying years of service with the Town Benefits beyond age 65 are provided only for the Senior Management Team (5 years post retirement or age 65, whichever is later). Dental, EHC, Life insurance No The Town is part of a larger Municipal Benefits Group, comprised of 14 municipalities, which improves our collective experience ratings for most renewals 33 Aylmer 50 No We are Non-union so there are No bargaining teams. n/a Annual review by the CAO with Mosey and Mosey, the benefits consultant. n/a Yes Must have a minimum of 15 years of service with the Town prior to retirement. No n/a A year to year review of usage and costs, looking at trends and discussing options available. We also pool our benefits with a number of municipalities which helps keep costs down. 34 Ajax 340 No After negotiations are completed, to ratify the collective agreement. No Mandate. Yes To age 65. Fire - Health Spending Account $2,750 paid annually from 65 to age 75. Putting annual maximums/caps, co- insurance, sometimes pooling benefits can limit costs, review your current financial model for your benefit plan, go to market. 35 Whitby 538 No Periodic updates depending on how long bargaining is drawn out for. Yes, typically it is a financial mandate. Yes We provide benefits to employees who retire with an unreduced OMERS pension until age 65. Aside from Fire if the employee retirees with a reduced OMERS pension they do not qualify. Fire is slightly different if they go on a reduced pension – there is a formula where the employee has to pay for a portion and the employee portion reduces each year. Fire - Trust Account. Association paid $10,000 per new hire. Associaton administers trust for retirees. We have been working toward putting caps on our benefits. Many had been previously negotiated as unlimited benefits (paramedical ones mostly). We have also been working to educate our employees alongside our provider best usage ie: generic vs. brand name, benefits fraud etc. We also try to minimize our “exceptions” to what the standard booklet benefits are. Requested Response from Ajax & Whitby Page 5 of 5 Page 107 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: COD-015-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: Marie Marano, Director of Corporate Services Trevor Pinn, Director of Finance/Treasurer Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: CL2019-26 Report Subject: Supply and Deliver Two Single Axle Cab and Chassis Trucks with Snow Plow, Wing and U Body Dump Spreader Recommendations: 1. That Report COD-015-19 be received; 2. That Premier Truck Group with a total bid amount of $478,840.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2019-26 be awarded the contract for the Supply and Delivery of Two Single Axle Cab and Chassis Trucks with Snow Plow, Wing and U Body Dump Spreader, as required by the Operations Department; 3. That the funds required for this project in the amount of $478,840.00 (Net HST Rebate) be funded by the Municipality from the approved budget allocations as follows: Description Account Number Amount Fleet Replacement Roads 110-36-388-83642-7401 $478,840 4. That all interested parties listed in Report COD-015-19, and any delegations be advised of Council’s decision. Page 108 Municipality of Clarington Page 2 Report COD-015-19 1. Background 1.1. Tender specifications were prepared by the Operations Department fo r the Supply and Delivery of Two Single Axle Cab and Chassis Trucks with Snow Plow, Wing and U Body Dump. The tender is for the purchase of two combinations units to replace the 2004 Sterling combination unit 04-528 and 2006 Sterling combination unit 06-517 which are being taken out of service. 1.2. The tender included the provision for the supply and delivery of up to two additional new single axle cab and chassis trucks within the first year of contract award. The Operations Department has a Council Report forthcoming in reference to an internal work assessment to determine whether to purchase two new trucks versus having the resulting work contracted out. Pending Council’s decision on the forthcoming report, the Operations Department may require up to two additional new single axle cab and chassis trucks at which time the Purchasing Services Division will prepare a recommendation for Council approval. 1.3. Tender CL2019-26 was issued by the Purchasing Services Division and advertised electronically on the Municipality’s website. Over 15,000 bidders that have a free Vendor Account registered through the Municipality’s Bidding System and have selected this commodity as being relevant to their business received an email notification to bid on this opportunity. Notification of the availability of the document was also posted on the Ontario Public Buyer’s Association website. Seven companies downloaded the bid document. 1.4. The tender closed on August 14, 2019. 2. Analysis 2.1. Two bids were received in response to the tender call. The bids were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions received were deemed compliant. Of the seven plan takers who downloaded the bid document five do not manufacture or supply this type of truck. Report Overview To request authorization from Council to award the contract for the supply and delivery of two new replacement single axle cab and chassis trucks with snow plow, wing and U body dump as required by the Operations Department. Page 109 Municipality of Clarington Page 3 Report COD-015-19 2.2. The results were forwarded to the Operations Department fo r their review and consideration. 2.3. After review and analysis of the submissions by the Operations Department and the Purchasing Services Division, it was mutually agreed that the low bidder, Premier Truck Group be recommended for the award of contract CL20 19-26. 2.4. Premier Truck Group has successfully supplied and delivered equipment to the Municipality in the past. 3. Financial 3.1. That the funds required for the two new replacement single axle cab and chassis trucks in the amount of $478,840.00 (Net HST Rebate) is in the 2019 approved budget allocation and be funded by the Municipality as follows: Description Account Number Amount Fleet Replacement Roads 110-36-388-83642-7401 $478,840 4. Concurrence This report has been reviewed by the Director of Operations who concurs with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that Premier Truck Group with the bid amount of $478,840.00 (Net HST Rebate) be awarded the contract for the Supply and Delivery of Two Single Axle Cab and Chassis Trucks with Snow Plow, Wing and U Body Dump Spreader per the terms, conditions and specifications of Tender CL2019-26. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 x2209 or dferguson@clarington.net. Attachments: Attachment 1 – Bid Summary Interested Parties: List of Interested Parties available from Department. Page 110 Municipality of Clarington Page 4 Report COD-015-19 Attachment #1 Bid Summary CL2019-26 Supply and Delivery of Two Single Axle Cab & Chassis Trucks with Snow Plow, Wing & U Body Dump Spreader Bidder Total Bid (Including HST) Total Bid (Net HST Rebate) Premier Truck Group $531,731.00 $478,840.00 Winslow Gerolomy Motors $536,291.00 $482,947.00 Page 111 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: COD-016-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: Marie Marano, Director of Corporate Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: Report Subject: Health Benefit Program Renewal 2019 Recommendations: 1. That Report COD-016-19 be received; 2. That the presentation by DJ Nascimento from Mosey & Mosey be accepted with thanks and advised of Council’s decision; 3. That Council approve the recommendation by Mosey & Mosey to transfer the Extended Health and Dental Benefits programs to an Administrative Services Only (ASO) funding arrangement with Sun Life effective January 1, 2020; with the renewal for the transition period effective November 1, 2019 until ASO conversion, at an overall impact of 5.9% as negotiated by Mosey & Mosey; 4. That the Non-ASO benefit program renewal continue with Sun Life until the next renewal period for this program on November 1, 2020 under a combined net 0% impact after moving to the ASO funding model; and 5. That the Library and Museum be advised of the renewal program, and that they continue to be invoiced for their portion of the benefit program, as applicable . Page 112 Municipality of Clarington Page 2 Report COD-016-19 1. Background Health Benefit Program Renewal in 2019 by Report COD-001-19 1.1. At the January 14, 2019 Council Meeting, Council passed the following Resolution #C- 019-19: That Report COD-001-19 be received; That the presentation by DJ Nascimento from Mosey & Mosey Benefit Plan Consultants outlining the Health Benef it Program renewal and ASO consideration, be received with thanks; That the recommendation by Mosey & Mosey to remain under the Insured Funded Arrangement (also referred to as non-refunded accounted arrangement) with Sun Life be approved until October 31, 2019 as outlined in the presentation and executive summary; That the Director of Corporate Services be authorized to sign the appointment letter with Mosey & Mosey to renew the Benefit Program with Sun Life through the Local Authority Services (LAS) under either option of Insured Funded or ASO, as decided by Council provided that Mosey and Mosey shall certify that they are not receiving a retention bonus or retention payment from Sun Life; That DJ Nascimento of Mosey & Mosey be advised of Council decision; and That Staff report back to General Government Committee as soon as possible after September, 2019 on options for renewal, including ASO Report Overview The scheduled renewal of the Group Benefits Program is November 1, 2019. The recommendation from Mosey & Mosey is to transfer to an Administrative Services Only (ASO) funding model for those benefit programs that are eligible for consideration under an ASO program, and the remaining benefits program that are not eligible for ASO consideration, to renew until November 1, 2020. Page 113 Municipality of Clarington Page 3 Report COD-016-19 2. November 1, 2019 Benefit Program Renewal and Moving to ASO 2.1. Mosey & Mosey have been diligently working with Sun L ife through the Local Authority Services (LAS) arrangement, to prepare the scheduled November 1, 2019 renewal for the Health Benefits Program (LAS is an arm of the Association of Municipalities of Ontario (AMO)). They were able to negotiate an overall reduced renewal rate of 5.9% down from the proposed 8.6% increase that would otherwise have been applicable without the benefit of the LAS/Mosey & Mosey consortium pooling. After moving to the ASO funding model, the combined net impact for the entire program is 0% until the next renewal in November 2020. Their overall renewal, ASO considerations and recommendations are outlined in Attachment #1. 2.2. Mosey and Mosey have recommended moving to an ASO funding arrangement with Sun Life, on January 1, 2020 for the Extended Health and Dental benefit program. They state that the Health and Dental premiums are now at a level to cover the expected claims and related expenses. The ASO fund ing would be applicable to Extended Health and Dental benefits. The remaining benefit program that covers for Life, Accidental Death & Dismemberment (AD&D), and Long Term Disability (LTD), is not eligible for ASO funding. 2.3. The renewal on November 1, 2019 at an overall 5.9% will be applicable on all benefits until the ASO conversion on January 1, 2020 (Attachment 1, page 3). After ASO conversion, the overall impact inclusive of the service related ASO costs, is no change until the renewal on November 1, 2020 for all benefits (Attachment #1, page 7). 3. ASO Financial Consideration (by the Director of Finance) 3.1. The Director of Finance provides the following information related to the financial consideration of the recommendations. 3.2. The Municipality has established an ASO Benefits Reserve Fund which will be used to fund the volatility in claims from year to year. The balance as at December 31, 2018 was $545,911. 3.3. In 2018, the Municipality hired Morneau Shepell to complete an Alternative Funding Arrangement Report for the Municipality. This report looked at the financial sustainability and funding requirements of alternative arrangements for our employee benefits program. 3.4. The report indicated a potential claims fluctuation from month to month of up to $62,000 over the preceding 21 month period. The current reserve fund would be sufficient for this level of volatility. The report further recommended a reserve of between 3% and Page 114 Municipality of Clarington Page 4 Report COD-016-19 5% of non-pooled paid claims. Based on the report this would be a reserve balance of $51,500 and $85,800; the existing reserve balance is enough based on these recommendations. 3.5. The major financial difference between the two funding alternatives relates to risk transfer, with potential volatility of claims in any given year. The Municipality is financially in a position to respond to this volatility however it will be prudent to annually review the balance in the ASO Benefits Reserve Fund to ensure that the tax levy impacts are stable. 3.6. Monthly invoices for ASO services will be paid from the Municipal Reserve Fund, with an annual overall reconciliation at each year end. 4. Concurrence This report has been reviewed by the Director of Finance who concurs with the recommendations. 5. Conclusion 5.1. Once converted to the ASO model, the expectation is to remain as an ASO program going forward given that a return to a fully funded model is anticipated to be costly. 5.2. It is respectfully recommended that Council approve the transfer of the funding arrangement to ASO on January 1, 2020 for Extended Health and Dental Benefit benefits and the renewal of the overall benefit program at 5.9% with Sun Life, through Mosey & Mosey/LAS effective November 1, 2019. Staff Contact: Marie Marano, Director of Corporate Services ext. 2202, or Trevor Pinn, Director of Finance, ext. 2602, as applicable, or Kerri McMullen, Compensation and Benefits Supervisor, ext. 2206 Attachments: Attachment 1 – Mosey & Mosey 2019 Renewal Rates and ASO Information Interested Parties: The following interested parties will be notified of Council's decision: DJ Nascimento, Mosey & Mosey, Linda Kent, Library Chief Executive Officer Heather Ridge, Museum Executive Director Page 115 Working towards better solutions… Group Benefits Program 2019 Renewal Rates and ASO Information THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 2019 RENEWAL RATES & ASO INFORMATION Page 116 1 Overall Summary The employee group benefits for the Corporation of the Municipality of Clarington are underwritten by Sun Life and Chubb Insurance, which are both scheduled to renew effective November 1, 2019. The proposed adjustment was to be +8.6% to the current monthly rates, which translated to a monthly premium increase of $26,978 including PST. Mosey & Mosey’s negotiations resulted in an overall adjustment of +5.9%, which generates additional monthly premium of $18,304 including PST. Under an ASO arrangement, even though there is additional risk, there is also additional flexibility with setting the Health and Dental rates. Therefore, due to these expense savings and by using lower trend factors, we have determined that the rate adjustments for an ASO arrangement can be -3.4% to Health and “no change” to Dental, which would result in an aggregate “no change” in monthly premiums for the combined group benefit plan, compared to the current premiium costs. Now that the Health and Dental premiums are at a level sufficient to cover the expected claims and related expenses, our recommendation is that the Municipality of Clarington should change the funding arrangement for these benefits to ASO. We suggest an e ffective date of January 1, 2020 for this change, as a separate ASO policy will need to be set -up by Sun Life. Therefore, as long as the Municipality of Clarington is willing to accept the additional risk associated with an ASO funding arrangement, Mosey & Mosey recommends changing to ASO effective January 1, 2020. This will require a separate ASO policy number to be set-up with Sun Life. Note that the revised ASO rates can only be implemented under the new ASO policy number. Regardless, please note that the Health and Dental renewal rates mentioned above will be implemented effective November 1, 2019 until the ASO transfer can be complete. Should the Municipality of Clarington provide direction to proceed with changing the He alth and Dental funding arrangment to ASO, the timing of this change can then be finalized. Once the new ASO policy is set-up, that is when the revised ASO Health and Dental rates would be implemented. Page 117 2 Executive Summary The employee group benefits for the Corporation of the Municipality of Clarington are underwritten by Sun Life and Chubb Insurance, which are both scheduled to renew effective November 1, 2019. Below is an illustration of the insurers’ proposed renewal rate adjustments by benefit and our subsequent negotiated adjustments. The overall proposed adjustment is +8.6% to the current monthly rates. This translates to a monthly premium increase of $26,978 including PST. Mosey & Mosey’s negotiations resulted in an adjustment of +5.9%, which generates additional monthly premium of $18,304 including PST. Pages 4 to 7 of this report contain Sun Life’s updated Administrative Services Only (ASO) proposal for the Municipality of Clarington, along with Mosey & Mosey’s analysis. Now that the Health and Dental premiums are at a level sufficient to cover the expected claims and related expenses, our recommendation is that the Municipality of Clarington should change the funding arrangement for these benefits to ASO. We suggest an effective date of January 1, 2020 for this change, as a separate ASO policy will need to be set -up by Sun Life. Benefits Rate Change Rate Change Employee Life $18,014.86 +16.0%$20,898.18 +11.0%$19,982.78 Dependent Life $2,538.16 +9.0%$2,766.23 +3.6%$2,630.22 AD&D $1,581.14 N/C $1,581.14 N/C $1,581.14 Long Term Disability $57,586.59 +10.0%$63,343.80 +5.0%$60,464.98 Pooled Benefits $79,720.75 +11.1%$88,589.35 +6.2%$84,659.12 Total EHC $145,254.62 +8.0%$156,874.36 +6.5%$154,696.82 Dental $64,166.51 +7.0%$68,657.62 +4.0%$66,733.83 Experience-Rated Benefits $209,421.13 +7.7%$225,531.98 +5.7%$221,430.65 Overall Cost $289,141.88 +8.6%$314,121.33 +5.9%$306,089.77 Monthly Cost including PST $312,273.23 +8.6%$339,251.04 +5.9%$330,576.95 Change in Dollar Value (Annual)$323,733.72 $219,644.64 Insurers' Proposed Renewal Mosey & Mosey Negotiated Renewal Current Premium Monthly Premium Monthly Premium Page 118 3 Monthly Renewal Rates and Cost Summary for Fully Funded THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON All Divisions Combined November 1, 2019 Renewal Monthly Monthly Volume Premium Premium Adjustment Life Insurance 83,218,000 18,014.86$ 19,982.78$ 11.0% Dependent Life Insurance 347 2,538.16 2,630.22 3.6% Accidental Death & Dismemberment 83,218,000 1,581.14 1,581.14 0.0% Long Term Disability 1,631,906 57,586.59 60,464.98 5.0% Extended Health Care Single 47 7,640.34 8,136.94 Couple 119 39,497.97 42,065.24 Family 228 98,116.31 104,494.64 6.5% Dental Single 47 3,012.14 3,132.49 Couple 119 15,311.50 15,923.85 Family 228 45,842.87 47,677.49 4.0% TOTAL MONTHLY PREMIUM 289,141.88$ 306,089.77$ TOTAL MONTHLY COST INCLUDING PST 312,273.23$ 330,576.95$ TOTAL ANNUAL COST - ALL BENEFITS 3,747,278.76$ 3,966,923.40$ Variance To Current Cost 219,644.64$ 5.9% Benefit Current Cost Mosey & Mosey Negotiated Cost Effective November 1, 2019 (Health & Dental Insured) Page 119 4 Administrative Services Only (ASO) Arrangement Underwriting the Health and Dental benefits on an ASO basis is a funding arrangement that larger groups explore, because they have the financial stability to be able to take on the additional risk (of being fully liable for claims costs), while also lowering their administrative costs. If the Municipality of Clarington’s underwriting arrangement was to change from insured non -refund to ASO, the plan would no longer qualify for coverage under Sun Life’s Extended Health Policy Protection Plan (EP3) pool. This is because the industry-wide drug pooling arrangement only applies to fully insured drug plans, and not to ASO or Refund Accounting plan with stop loss. The industry felt the most effective way to address high cost catastrophic drug claims was to select a segment of the market that was completely within the scope of the life and health industry (i.e., fully insured plans). As shown on the following page, the Extended Health Care (EHC) Claims Handling Charge billed by Sun Life on their monthly ASO Statements is calculated based on an estimated composite charge. Within their year- end financial accounting, Sun Life reconciles the previous period’s EHC Claims Handling Charge on the basis of the actual charges applied to:  Pay Direct Drug claims;  EHC claims submitted and reimbursed electronically (i.e., submitted online and direct deposit);  EHC claims paper submitted but reimbursed electronically (i.e., direct deposit); and  EHC claims paper submitted and reimbursed on paper (i.e., cheque). Note that prior to Clarington’s inclusion within the LAS Consortium, the in-Canada pooling threshold was $15,000 (compared with the LAS Consortium’s $20,000 threshold). Therefore, we requested that Sun Life’s ASO proposal be based on your original $15,000 threshold. Page 120 5 Below is Sun Life’s ASO proposal for the Municipality of Clarington. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Contract 102128 ASO Fee Schedule Quote General Administration Charge Proposed Fees Fees guaranteed for 12 months All benefits 3.72%% of paid claims Claims Handling Charges Proposed Fees Fees guaranteed for 12 months Extended Health Care Pay Direct Drug 3.90%% of paid claims less pooled claims - PDD Electronic Submission / Electronic Reimbursement 3.60%% of paid claims less pooled claims - electronic Paper Submission / Electronic Reimbursement 3.80%% of paid claims less pooled claims - mixed Paper Submission / Paper Reimbursement 4.25%% of paid claims less pooled claims - paper Estimated Composite Claims Charge (Applied to ASO Monthly Billing and reconciled to actual charges on the Financial Anniversary) 3.90%% of paid claims less pooled claims Dental Care 3.90%% of paid claims Profit Charge Proposed Fees Fees guaranteed for 12 months Extended Health Care 0.30%% of paid claims less pooled claims Dental Care 0.30%% of paid claims Best Doctors $1 per employee/month Special Printing Charges as incurred Other Charges as incurred Consulting Fees Proposed Fees Extended Health Care 0.75%% of paid claims less pooled claims Dental Care 0.75%% of paid claims Applicable Taxes as required by legislation Interest Rates Proposed Budget ASO X 90 Days T-Bill - 0.5% / Prime + 2% Large Amount Pooling/Stop Loss Charge Proposed Fees Fees guaranteed for 12 months Extended Health Care 21.84%% of paid claims less pooled claims Pooling Arrangement (description) * EHC GA is based on % of paid claims less pooled claims All emergency out-of-country claims, including Travel Assistance, from first dollar as well as the portion in excess of $15000 of all other EHC claims per individual per plan year Page 121 6 Based on Sun Life’s ASO proposal on the previous page, below is an illustration of how the Municipality of Clarington’s plan would have performed over the past 2 years and 9 months, if the funding arrangement had been ASO. Under an ASO arrangement, even though there is additional risk, there is also additional flexibility with setting the Health and Dental rates. Therefore, due to these expense savings and by using lower trend factors, we have determined that the rate adjustments for an ASO arrangement can be -3.4% to Health and “no change” to Dental, which would result in an aggregate “no change” in monthly premiums for the combined group benefit plan, compared to the current premiium costs. Therefore, as long as the Municipality of Clarington is willing to accept the additiona l risk associated with an ASO funding arrangement, Mosey & Mosey recommends changing to ASO effective January 1, 2020. This will require a separate ASO policy number to be set-up with Sun Life. Note that the revised ASO rates can only be implemented under the new ASO policy number. For illustration purposes, this revised premium (including the ASO premiums) appears on the following page. Regardless, please note that the Health and Dental renewal rates outlined on page 3 will be implemented effective November 1, 2019. Should the Municipality of Clarington provide direction to proceed with changing the Health and Dental funding arrangment to ASO, the timing of this change can then be finalized. Once the new ASO policy is set-up, that is when the revised ASO Health and Dental rates would be implemented. Municipality of Clarington Health and Dental Consolidated Analysis Retrospective (2 Years, 9 Months) ASO Analysis 2016/2017 (9 Months)2017/2018 2018/2019 All Years Combined Paid Premium/Deposits $1,358,295 $2,033,497 $2,375,641 $5,767,433 Paid Claims 1,256,602 1,722,727 1,787,881 4,767,210 Pooling Credit*(88,105) (105,098) (96,936) (290,139) Net Claims $1,168,497 $1,617,629 $1,690,945 $4,477,071 Pooling / Travel Charge**154,379 275,001 230,844 660,224 Expenses***134,615 185,729 192,795 513,139 Total Claims and Expenses $1,457,491 $2,078,359 $2,114,584 $5,650,434 Estimated Insurer Surplus/(Deficit)($99,196)($44,862)$261,057 $116,999 *Pooling credit for the 9 month period of October 1, 2016 to June 30, 2017 is based on the pro-rated threshold of $11,250. **Charge for Out-of-Country/$15,000 Stop Loss threshold is based on 21.84% of non-pooled paid claims. ***General Administration, Claims Handling, Profit Charge, Best Doctors, Consulting Fees and Premium Taxes. Page 122 7 ASO Premiums effective January 1, 2020 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON All Divisions Combined Monthly Monthly Volume Premium Premium Adjustment Life Insurance 83,218,000 18,014.86$ 19,982.78$ 11.0% Dependent Life Insurance 347 2,538.16 2,630.22 3.6% Accidental Death & Dismemberment 83,218,000 1,581.14 1,581.14 0.0% Long Term Disability 1,631,906 57,586.59 60,464.98 5.0% Extended Health Care Single 47 7,640.34 7,380.60 Couple 119 39,497.97 38,154.84 Family 228 98,116.31 94,780.39 -3.4% Dental Single 47 3,012.14 3,012.14 Couple 119 15,311.50 15,311.50 Family 228 45,842.87 45,842.87 0.0% TOTAL MONTHLY PREMIUM 289,141.88$ 289,141.46$ TOTAL MONTHLY COST INCLUDING PST 312,273.23$ 312,272.78$ TOTAL ANNUAL COST - ALL BENEFITS 3,747,278.76$ 3,747,273.36$ Variance To Current Cost (5.40)$ 0.0% Benefit Current Cost Mosey & Mosey Negotiated Cost (Health & Dental ASO) Page 123 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: COD-017-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: Marie Marano, Director of Corporate Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: Report Subject: Bill 66 Concern Raised by Carpenters’ Union Local 27 Recommendations: 1. That Report COD-017-19 be received for information; and 2. That Bradley Archambault be advised of this report and Council’s decision, by the Municipal Clerk’s Office. Page 124 Municipality of Clarington Page 2 Report COD-017-19 1. Bill 66 - Restoring Ontario’s Competitiveness Act (Royal Assent on April 3, 2019) Communication for Direction re Bill 66 Concern 1.1. Item 10.1 on the September 9, 2019 Joint General Government and Planning Committee meeting was referred to staff to provide background on the issue that was expressed in the email message to the Mayor from Bradley Archambault (Attachment #1). 1.2. The message states the following (as written): “they’ve told me to contact counsellors or my mayor to bring forth our concerns on this bill so hoping you can do something to stop this I don’t want to lose my pension…” 1.3. Bill 66 - Schedule 6 (Attachment # 2) introduces a change to the Pension Benefits Act to allow private sector employers to merge individual plans into jointly sponsored pension plans. This would allow employers to pool their risk. There is no indication that this change would put an employee at risk of losing their pension benefit, as identified in the email message. The pension amendment through Bill 66 does not appear to be the key message identified by the Carpenters’ Union. 1.4. The Ontario Municipal Employees Retirement System (OMERS) pension plan is not affected by the Pension Benefits Act Bill 66 amendments as it is governed by the OMERS Pension Act. 1.5. The Carpenters’ Union Local 27 is a Toronto based union group that initiated a social media campaign to urge municipal governments that have been deemed “construction employers” to oppose Bill 66. The messages urging opposition are identified as Fight Bill 66 on Attachment # 3, and killbill66.com on Attachment # 4. 1.6. Clarington has never been deemed a construction employer. Report Overview A report was requested to provide background on the Bill 66 concern noted by carpenter Bradley Archambault in an email message, included in the September 9, 2019 Joint General Government and Planning meeting as a Communication for Direction listed as item 10.1. Page 125 Municipality of Clarington Page 3 Report COD-017-19 1.7. The concern identified by the Carpenters’ Union Local 27 speaks to the risk of dissolving Collective Agreements with “construction employers” as a result of Bill 66 deeming municipalities, school boards and other public entities, to be “non-construction” employers through a change to the Labour Relations Act. This appears to be the key issue for the Carpenter Unions represented in large cities who had been deemed as construction employers, specifically Toronto, Hamilton, Sault Ste. Marie and the Region of Waterloo. The issue is well described in Attachment #6. 1.8. Municipalities had a three month time frame after passage of Bill 66 to “opt -out” of the deeming provision. Bill 66 received Royal Assent on April 3, 2019, and therefore the opt-out decision would have been available until July 3, 2019. 1.9. The overall implications of Bill 66 are complex, and involve amendments to a number of different Acts. The Association of Municipalities of Ontario (AMO) issued an overview of the Bill 66 implications to municipalities (Attachment # 5). Amendments to the Pension Benefits Act per Schedule 6 of Bill 66 is not identified as a Municipal matter by AMO. The amendment to the Labour Relations Act under Bill 66 - Schedule 9 is on the AMO list as a municipal issue. 2. Bill 66 – Schedule 9 Amendment to the Labour Relations Act Construction Tendering 2.1. The Progressive Contractors Association of Canada (PCA) considers the passage of Bill 66 a positive step to opening competitive construction tendering in Ontario. They have identified the Bill as closing a legislative loophole that unintentionally deemed some of Ontario’s largest municipalities as “construction employers”. (Attachment # 6). 2.2. Bill 66 automatically deems municipalities, school board s and other public entities not to be construction employers, procurement of construction projects can be open to Ontario construction companies and their workers as long as they are qualifie d. Unless a public entity elected to opt-out of the deemed category of non-construction, it is now not limited by the “construction employer” designation. 2.3. The issue with the “construction employer” designation for municipalities was brought to light in 2012 when the Region of Waterloo became a construction employer under the Act after two of its employees asked to join the United Brotherhood of Carpenters and Joiners. From that point forward, the Region could only contract to companies registered with the same union. There was a school board who experienced the same issue in 2012. W aterloo suggests that it has seen a 50% reduction in bids on public construction and infrastructure projects since it became bound to a construction industry collective agreement, limiting cost-effective competitive construction awards using taxpayer funds. Page 126 Municipality of Clarington Page 4 Report COD-017-19 2.4. Sault Ste. Marie and Hamilton have also historically been bound to union agreements with the United Brother of Carpenters and Joiners. Both cities have not voted to opt-out of the designation, and now under Bill 66 have become non-construction employers, ending the construction unions’ exclusivity for construction contract bidding. 2.5. Toronto is the only Ontario municipality that voted to opt-out of Bill 66. It is bound to nine province-wide collective agreements in the commercial and industrial sector. Attachment # 7 notes that the PCA plans to legally challenge Toronto’s decision to reject Bill 66 which continues to allow a monopoly on city construction projects. 2.6. Hamilton may face a challenge from the Carpenters and Joiners union for what they consider to be not upholding the collective agreement with the Carpenters’ union. 2.7. The Municipality of Clarington is not tied to any external union, however it does protect wages with the Fair Wage Policy, which has been in place since 2006 as approved through COD-020-06. It provides that the Fair Wage Policy is applicable to construction projects of an estimated value of at least one million dollars. It states as follows: POLICY STATEMENT: On all Industrial Commercial Institutional Construction Contracts with the Municipality, every Contractor and Sub-Contractor shall pay or provide wages, benefits and hours of work to their Employees, in accordance with the “Fair Wage Policy for ICI Contracts” and the Fair Wage Schedule of the Corporation of the Municipality of Clarington. Failure to comply with the Fair Wage Policy may result in restricted ability to bid on Municipal construction business. 3. Concurrence Not Applicable. 4. Conclusion It is respectfully recommended that Council receive this report for information, and Bradley Archambault be advised of this report and Council’s decision. Staff Contact: Marie Marano, Director of Corporate Services ext. 2202, or Lisa Wheller Human Resources Manager, ext. 2205. Attachments: Attachment # 1 - Direction Item 10.1 September 9 GGC, from Bradley Archambault Attachment # 2 - Bill 66 Excerpt for Schedule 6 Pension Benefits Act Change Attachment # 3 - Toronto Carpenters Union Local 27 social media post Fight Bill 66 Page 127 Municipality of Clarington Page 5 Report COD-017-19 Attachment # 4 – Carpenters’ Union message on website killbill66.com Attachment # 5 - AMO bulletin Bill 6 – Municipal Implications Overview Attachment # 6 - NEWS bulletin from the Progressive Contractors Association PCA Attachment # 7 - Article - Toronto stands alone as construction employer Interested Parties: The following interested party will be notified of Council's decision: Bradley Archambault Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 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: COD-018-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: Marie Marano, Director of Corporate Services Trevor Pinn, Director of Finance/Treasurer Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: Report Subject: Cl2019-21 Waterfront Trail Upgrades Recommendations: 1. That Report COD-018-19 be received; 2. That Gray’s Landscaping & Snow Removal Inc. with a total bid amount of $499,853.79 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2019 -21 be awarded the contract Waterfront Trail Upgrades, as required by the Engineering Services Department; 3. That the funds required for this project in the amount of $581,200.00 (Net HST Rebate) which includes the construction cost of $499,853.79 (Net HST Rebate) engineering design and testing/inspection be funded by the Municipality from the approved budget allocations as follows: Pave the Waterfront Trail (Bowmanville Ave. to West Beach Road) (2018 & 2019) 110-32-331-83449-7401 $495,965 Bowmanville Creek Valley Trail (Baseline to Waterfront) 110-32-325-83257-7401 $85,235 4. That all interested parties listed in Report COD-018-19, and any delegations be advised of Council’s decision. Page 141 Municipality of Clarington Page 2 Report COD-018-19 1. Background 1.1. Tender specifications for upgrades to the existing waterfront trail alignment including grading, drainage, paving, road crossing treatments, amenity/seating etc . were prepared by the consultant and Engineering Services and provided to the Purchasing Services Division. 1.2. Tender CL2019-21 was prepared and issued by the Purchasing Services Division and advertised electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyer’s Association website. Twenty (20) Companies downloaded the tender document two of which were Construction Associations. 1.3. The Tender closed September 4, 2019. 2. Analysis 2.1. Six (6) bids were received in response to the tender call. 2.2. Of the fourteen (14) companies who downloaded the tender documents but chose not submit pricing:  Two were construction associations;  Four companies advised that due to current workload that they were not able to meet the proposed schedule of the project;  Three companies advised that given the scope of work that they could not price competitively;  Five of the plan takers contacted did respond to our request for information. 2.3. The bids were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions were deemed compliant. 2.4. The results were forwarded to the Engineering Services Department for their review and consideration. Report Overview To request authorization from Council to award the contract for the completion of the upgrades as required for the Waterfront Trail. Page 142 Municipality of Clarington Page 3 Report COD-018-19 2.5. After review and analysis of the submissions by the Engineering Services Department and the Purchasing Services Division, it was mutually agreed that the low bidder, Gray’s Landscaping and Snow Removal Inc. be recommended for the award contract CL2019- 21 (see Attachment 2). 2.6. Gray’s Landscaping & Snow Removal Inc. has successfully completed work for the Municipality in the past. 3. Financial 3.1. Total funds required for this this project in the amount of $581,200.00 (Net HST Rebate) which includes the construction cost of $499,853.79 (Net HST Rebate), design, soil testing, inspection and contract administration plus contingencies be funded by the Municipality from the approved budget allocations as follows: Pave the Waterfront Trail (Bowmanville Ave to West Beach Rd) (2018 & 2019) 110-32-331-83449-7401 $495,965 Bowmanville Creek Valley Trail (Baseline to Waterfront) 110-32-325-83257-7401 $85,235 3.2. As per submissions received, the low bid received there remains a shortfall in the Pave the Waterfront Trail (Bowmanville Ave. to West Beach Road) G/L account of $125,965. Funding from the Bowmanville Creek Valley Trail (Baseline to Waterfront) - 110-32-325- 83257-7401 in the amount of $125,965 will be utilized to cover this shortfall as the two projects are related 3.3. Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering Services. 4. Concurrence This report has been reviewed by the Director of Engineering Services who concurs with the recommendations. Page 143 Municipality of Clarington Page 4 Report COD-018-19 5. Conclusion It is respectfully recommended that Gray’s Landscaping & Snow Removal Inc. being the lowest compliant bid be awarded the contract for the Waterfront Trail Upgrades with all work being completed in accordance to all terms, conditions specifications and drawings of tender CL2019-29 Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext.2209 or dferguson@clarington.net. Attachments: Attachment 1 – Bid Summary Attachment 2 – Memo from Engineering Interested Parties: List of Interested Parties available from Department. Page 144 Municipality of Clarington Page 5 Report COD-018-19 Attachment 1 Bid Summary CL2019-21 Waterfront Trail Upgrades BIDDER Total Bid (including HST) TOTAL BID (Net HST Rebate) Gray’s Landscaping & Snow Removal Inc. $555,065.63 $499,853.79 CSL Group Ltd. $630,943.07 $568,183.78 Royalcrest Paving & Contracting $811,157.11* $730,472.10 M&S Architectural Concrete Ltd. $869,509.33* $783,020.08 Dig-Con International Ltd. $973,481.44* $876,650.19 Forest Ridge Landscaping Inc. $1,553,003.07 $1.398.527.37  Note: this denotes an addition error within the bid submission. Page 145 Page 146 Page 147 Page 148 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: CAO-010-19 Date of Meeting: September 23, 2019 By-law Number: Submitted By: Andrew C. Allison, CAO Resolution#: File Number: Report Subject: Cedar Crest Beach Update Recommendation: 1. That Report CAO-010-19 be received; 2. That up to $30,000 be allocated from the Tax Rate Stabilization Reserve Fund for the completion of a Cedar Crest Beach Erosion/Property Loss Study, and the consulting assignment be sole sourced to Zuzek Inc.; 3. That Staff report back to Council with the results of the study, once completed; and 4. That all interested parties listed for Report CAO-010-19, including all landowners in the Port Darlington (west shore) reach and any delegations, be advised of Council's decision. Page 149 Municipality of Clarington Page 2 Report CAO-010-19 1. Background 1.1. Report CAO-006-19 dated June 17, 2019 outlines the history and background of the actions that have been taken over the past 3 years by the Central Lake Ontario Conservation Authority (CLOCA) and the Municipality with regard to the multiple natural hazards present in the Port Darlington (west shore) reach of Lake Ontario shoreline. These include lake flooding, erosion and dynamic beach, and riverine flood hazard from the adjacent Westside Creek, Bowmanville/Soper Creek and marsh systems. The specific area of study has been the Port Darlington (west shore) reach of the lakefront; 1800 metres from St. Marys to the piers at Bowmanville Creek. 1.2. Resolution #C-275-19 passed by Council on July 2, 2019 reads as follows: That the Municipality request CLOCA to finalize its reports taking into consideration Municipal comments included in Report CAO-006-19 and including a summary of public comments provided on the Draft Proposed Port Darlington (West Shore) Shoreline Management Report and supporting studies; That Clarington Staff provide a report to Council on the quantum of waterfront property and public beach that have been lost along Cedar Crest Beach Road since the St. Marys / Votorantim dock expansion took place due to erosion and all other environmental factors and report back to Committee in September 2019; That Clarington Staff, including (but not limited to) Emergency & Fire Services and Operations, provide a report detailing all the costs of the municipal response to the Cedar Crest Beach Road residents with respect to flooding, including an estimate of staff time, from April 2017 to present date; That the Municipality of Clarington in concert with CLOCA, through the CAO’s Office, the Mayor’s Office and the Engineering Department, shall enter into urgent negotiations with Votorantim, other government agenci es and the Provincial and Federal Government, to explore all funding options for implementation of the Baird Report Option 3 or other effective engineering solutions to the starvation and erosion at Cedar Crest Beach Road; Report Overview The Cedar Crest Beach Road portion of the Port Darlington (west shore) reach has experienced flooding in 2017 and again in 2019. Prior to this flooding the residents approached the Municipality seeking a solution to address shoreline erosion. This report responds to Resolution #C-275-19 passed by Council on July 3, 2019 which dealt with of aspects of these issues. Page 150 Municipality of Clarington Page 3 Report CAO-010-19 That the options of raising the road or constructing a flood mitigation berm as referenced in Report CAO-006-19 be pursued in conjunction with shoreline erosion works and that CLOCA be approached as a funding partner; That Council’s decision be forwarded to CLOCA, the Regional Municipalit y of Durham, local MPPs and MPs, the Federal Minister of the Environment and Climate Change, Provincial Minister of Natural Resources and Forestry, and the Minister of Environment, Conservation and Parks; and That all interested parties listed in Report CAO-006-19, including all landowners in the Port Darlington (west chore) reach and any delegations, be advised of Council’s decision. 1.3. This report addresses all of the above resolutions. The fifth resolution does not require any action at this time. Notification to local MPPs and MPs, federal and provincial Ministers, other agencies and interested parties (the sixth and seventh resolutions) has occurred. 2. Finalization of CLOCA Reports 2.1. The first resolution in #C-275-19 reads as follows: That the Municipality request CLOCA to finalize its reports taking into consideration Municipal comments included in Report CAO-006-19 and including a summary of public comments provided on the Draft Proposed Port Darlington (West Shore) Shoreline Management Report and supporting studies; 2.2. Staff at CLOCA have contacted the consultants for this work and asked them to finalize their reports taking into consideration all municipal comments. The consultants advised CLOCA that due to their vacation and other work commitments, they will not be able to finalize the reports until mid-late September. 2.3. CLOCA staff also advised us that their Board will be receiving a report on September 17, 2019 addressing Lake Ontario water levels. 3. Quantum of waterfront property and public beach lost along Cedar Crest Beach Road 3.1. The second resolution in #C-275-19 reads as follows: That Clarington Staff provide a report to Council on the quantum of waterfront property and public beach that have been lost along Cedar Crest Beach Road Page 151 Municipality of Clarington Page 4 Report CAO-010-19 since the St. Marys / Votorantim dock expansion took place due to erosion and all other environmental factors and report back to Committee in September 2019; 3.2. Staff are not qualified to carry out the analysis required to determine the quantum of waterfront property and public beach that have been lost along Cedar Crest Beach Road due to erosion and other environmental factors. A work plan was therefore prepared with input from CLOCA (Attachment 1) and provided to the consultant (Zuzek Inc.) preparing an update to the Lake Ontario Shoreline Management Plan to obtain a budget for the work. 3.3. The Lake Ontario Shoreline Management Plan Update is a collaborative undertaking initiated in September 2018 to update the Sandwell Swan Wooster Inc. December 1990 report (“the Sandwell Report”). This coastal engineering study was originally prepared in 1990 for the Central Lake Ontario, Ganaraska Region (GRCA) and Lower Trent Conservation Authorities. It provided shoreline management direction for each authority’s respective Lake Ontario shoreline area, extending approximately 135 km along the north shore of Lake Ontario. The Sandwell Report included the definition of flood and erosion limits for the shoreline within the boundaries of the three Conservation Authorities and land use considerations that inform development requirements (e.g. setback requirements, Regulatory Shoreline Area) today. The update of the Sandwell Report was jointly initiated by CLOCA, GRCA and Lower Trent Conservation Authority. Funding for the study was provided by the National Disaster Mitigation Program. Staff are participating on the project steering committee. 3.4. The consultant, Zuzek Inc., is in the process of analyzing at a regional scale (Ajax to Trent River) the flood and erosion limits along the shoreline area. The Municipality and CLOCA could ask this consultant to undertake the task of determining the quantum of public beach that may have been lost as an addition to the regional scale work they are engaged in. They are familiar with the background and overall shoreline context, and have already undertaken significant background data review for the area. Staff do not have the expertise to carry out this analysis in-house. 3.5. To carry out a fulsome analysis, CLOCA and the Municipality would provide the necessary historical aerial photographs to calculate shore change rates from 1954 to 2018. With regard to littoral barriers, a request has been submitted to St. Marys / Votorantim for the history of dock construction and lakefilling, plus any on-going shoreline monitoring reports. The same request has been made of OPG for the Darlington Nuclear Generating Station lakefilling. At this time, staff have not received a response to these requests. With regard to the Bowmanville Piers, Small Craft Harbours do not have any construction drawings. These piers have been in place in the same general location since at least 1878. The piers are shown in the Northumberland and Durham Historical Atlas (Attachment 2). The Port Darlington Harbo ur Company Page 152 Municipality of Clarington Page 5 Report CAO-010-19 was incorporated in 1837 and began construction in 1839; however, the piers are owned and maintained by the Federal Government. 3.6. Staff are recommending that Zuzek Inc., the consultant for the Lake Ontario Shoreline Management Plan Update, be requested to carry out the site specific analysis requested by Council. It is estimated that this work can be carried out for less than $30,000. As this project was not identified in the 2019 capital budget, staff are seeking Council authorization to fund the consulting work from the Tax Rate Stabilization Fund. There are no monies remaining in the Bowmanville Marsh Reserve Fund. That fund was depleted completing the reports described in section 2 above. 3.7. If approved by Council, the consultant will be asked to work under the direction of the Municipality to provide a technical report summarizing the analysis and findings and make a presentation of its findings to Council near the end of the study. It is estimated that it will take approximately two months to complete the work if it is sole sourced to Zuzek Inc. If Council would like an open proposal call, additional time will be required. 3.8. Municipal and CLOCA staff have reviewed the aerials available and the ownership records for the Cedar Crest Beach area. The assertion from delegations made to Council has been that a public beach has been lost over time. Historically, while ownership was privately held, the availability of the lands along the shoreline to the general public was more common and welcome by the cottagers. From a review of aerial photographs from 1954, 1971, 1978, 1989, 1999, 2008 and 2018, it does not appear as though the Municipality has lost a “public asset” in the form of a beach in front of the homes (former cottages) along Cedar Crest Bea ch Road. These aerials appear to demonstrate that while the water levels have varied over time, the amount of “beach” available for public enjoyment has been and is very limited in the Cedar Crest Beach Road area (Attachment 3). It is the West Beach which has historically been the focus for citizens seeking respite from the heat of the summer. However, as demonstrated on Attachment 4, the public ownership today is much greater than it has been historically. The public ownership is of the marsh system an d along West Beach Road for the most part. 4. Costs of the Municipal Response to Flooding 4.1. The third resolution in #C-275-19 reads as follows: That Clarington Staff, including (but not limited to) Emergency & Fire Services and Operations, provide a report detailing all the costs of the municipal response to the Cedar Crest Beach Road residents with respect to flooding, including an estimate of staff time, from April 2017 to present date; Page 153 Municipality of Clarington Page 6 Report CAO-010-19 4.2. Municipal staff have provided operational responses to address the high water levels on Lake Ontario, wave uprush and at times riverine flooding from Westside Creek. The cost of these responses since 2017 is as follows: 2017 Emergency & Fire Services $152,326.94 Operations $178,720.69 $331,047.63 2018 Emergency & Fire Services $1,637.14 Operations $39,772.69 $41,409.83 2019 (as of time of this Report) Emergency & Fire Services $4,512.04 Operations $135,176.55 $139,668.59 Total: $512,126.05 4.3. The total since 2017 is approximately $512,000. This amount does not include any non-affiliated staffing costs for Emergency & Fire Services and Operations, any regular hours of affiliated Fire Services employees, or staff time for work required of other Departments (e.g. Planning Services and Engineering Services on reports, studies, estimates, DMAF applications). It is conservatively estimated that over 500 hours of Municipal staff time that is not included in the $512,000 figure above has been spent responding to issues impacting Cedar Crest Beach Road residents. 4.4. The $512,000 figure does not include the amount drawn from the Bowmanville Marsh Reserve Fund ($49,795) and used to complete the reports described in section 2.2 above. 5. Funding Options Resolution #C-275-19 5.1. The fourth resolution in #C-275-19 reads as follows: That the Municipality of Clarington in concert with CLOCA, through the CAO’s Office, the Mayor’s Office and the Engineering Department, shall enter into urgent negotiations with Votorantim, other government agencies and the Provincial and Federal Government, to explore all funding options for Page 154 Municipality of Clarington Page 7 Report CAO-010-19 implementation of the Baird Report Option 3 or other effective engineering solutions to the starvation and erosion at Cedar Crest Beach Road; 5.2. The Mayor’s Office contacted Votorantim, CLOCA, Lindsey Park (MPP Durham) and Erin O’Toole (MP Durham) to request meetings to explore funding options. Votorantim 5.3. The Mayor has had informal discussions with Ruben Plaza from Votorantim, and a formal meeting with representatives from Votorantim is scheduled for October 22, 2019. CLOCA 5.4. The Mayor and Municipal Staff met with staff from CLOCA on September 3, 2019. Municipal staff have met with CLOCA staff on several other occasions over the summer months to discuss funding options. CLOCA concurs with the comments later in this section of the report regarding funding. Provincial Government 5.5. In response to the Mayor’s request for a meeting, Lindsey Park, MPP Durham arranged for the Municipality to meet with Doug McNeil, Ontario’s Special Advisor on Flooding. Mr. McNeil was named Special Advisor by John Yakabuski, Minister of Natural Resources and Forestry, and Dr. Merrilee Fullerton, Minister of Long-Term Care, on July 18, 2019. Mr. McNeil’s mandate is to “assess current roles and responsibilities of governments, agencies and organizations involved in flood management, including opportunities for improvement; review feedback received; identify focused recommendations; and ensure all recommendations are consistent with the province’s ability to implement them.” It is anticipated that Mr. McNeil will deliver his report to the Ministers this fall. 5.6. On September 12, 2019, MPP Park and the CAO met with Mr. McNeil and several of his advisors. There was a full exchange of information. Mr. McNeil was briefed by MPP Park and the CAO respecting many of the issues facing the residents of Cedar Crest Beach Road. Issues respecting both shoreline erosion and flooding were discussed. The focus of much of the discussion was working together to address resident concerns. The challenges that the Municipality is facing with respect to funding any proposed infrastructure were also discussed. MPP Park suggested to Mr. McNeil that municipalities throughout Ontario could benefit from seeing how Clarington responded to flooding in our community (particularly in 2017). 5.7. On the same day that MPP Park and the CAO met with Mr. McNeil, representatives of the Great Lakes St. Lawrence Collaborative were part of a conference call with Mr. McNeil. Perry Sisson from CLOCA and Ron Albright from Engineering Services were Page 155 Municipality of Clarington Page 8 Report CAO-010-19 on that call. As part of that discussion, Mr. McNeil was also apprised of the challenges facing our community. Federal Government 5.8. The Honourable Catherine McKenna, Federal Minister of Environment and Climate Change, responded to Resolution #C-275-19 by letter dated August 29, 2019 (Attachment 5). 5.9. Erin O’Toole, MP Durham responded to the Mayor’s request for a meeting in a letter dated September 3, 2019 (Attachment 6). He offered to participate in a working group. With the concurrence of all who were participating in the working group that was established in 2017, the working group ceased meeting earlier this year. PDCA 5.10. As noted in Report CAO-006-19, a direct funding request was made by the Port Darlington Community Association (PDCA) in a letter dated April 5, 2019 to the Federal Minister of Environment and Climate Change and the Provincial Minister of Environment, Conservation and Parks. At the time of that report, staff were not aware of any responses to the PDCA letter. 5.11. PDCA did receive a response from the office of the provincial Minister of Environment, Conservation and Parks (at the time, the Honourable Rod Phillips) advising that the matter fell under the authority of the Honourable John Yakabuski, Minister of Natural Resources and Forestry. Minister Yakabuski subsequently responded on June 20, 2019 saying that “the Ministry of Natural Resources and Forestry does not have any program to assist with the cost of repairs to the residents’ shoreline properties. However, we can assist landowners by providing advice on the provincial regulatory process involved in carrying out shoreline repairs and/or protection measures, and by issuing permits for proposed works if landowners decide to proceed.” He recommended “that landowners also contact their local municipality to explore whether they have funding program s to assist with shoreline repairs or protection measures”. Finally, he shared the letter “with the Honourable Steve Clark, Minister of Municipal Affairs and Housing, for consideration, as his ministry might have further suggestions for residents.” As far as staff are aware, there has been no follow up response from Minister Clark. 5.12. By letter dated July 19, 2019, The Honourable Catherine McKenna, Federal Minister of Environment and Climate Change, responded saying that “the Province of Ontario has the primary jurisdiction over areas of shoreline management that do not include effects across international boundaries, and it also works with conservation authorities on issues such as erosion and shoreline management” and that she would forward the PDCA letter to The Honourable Francois-Philippe Champagne, the Federal Minister of Page 156 Municipality of Clarington Page 9 Report CAO-010-19 Infrastructure and Communities because of the request for “support for an infrastructure erosion control option.” 5.13. By letter dated August 15, 2019, The Honourable Francois -Philippe Champagne, the Federal Minister of Infrastructure and Communities (Attachment 7), responded saying that “[p]rojects for erosion control may be eligible under the Government of Canada’s Disaster Mitigation and Adaptation Fund, which is a 10-year, $2-billion national program designed to help communities better withstand current and future risks related to natural hazards.” As noted in the memo from the Acting Director of Planning Services dated July 30, 2019 (Attachment 8), CLOCA applied to the Disaster Mitigatio n and Adaptation Fund (DMAF) during the first round of intake in July 2018. For reasons set out in that memo, staff did not submit an application within the expedited timeframe for the second intake of the DMAF program. 5.14. Minister Champagne also referred in her letter to the Investing in Canada Plan. This is the Federal strategy to renew public infrastructure nationally and help support new infrastructure needs. Starting with an initial commitment in the 2016 Federal budget, the strategy commits to more than $180 billion of infrastructure investment over a 12- year period. Funding delivery occurs through targeted funding programs (e.g. DMAF), the Federal Gas Tax, other specific initiatives that aim to drive innovation (e.g. Smart Cities Challenge), and bilateral agreements. 5.15. In Ontario, the Canada – Ontario Infrastructure Bilateral Agreement dedicates approximately $11.8 billion for infrastructure spending in the province. Generally, the funding share apportionment for programs implemented through bilateral agreements is 40 percent Federal, 33 percent Provincial and 27 percent Municipal. The province is responsible for designing and launching competitive application -based processes for the following four Investing in Canada Plan investment areas: Communities, Recreational and Cultural Infrastructure Green Infrastructure Rural and Northern Communities Public Transit 5.16. Application intake periods and program guidelines, including eligibility criteria, have been made available for all funding streams with the exception of Green Infrastructure. Based on the Investing in Canada Plan objectives and funding parameters set out for other streams, staff anticipate that the Municipality will likely not be able to demonstrate that the investment in shoreline protection along Cedar Crest Beach will accrue the level of priority and accrued public benefit that is necessary for an application to be successful. Page 157 Municipality of Clarington Page 10 Report CAO-010-19 Class EA 5.17. Any remedial work, however funded, will be an undertaking that will require several different regulatory approvals, including an environmental assessment. Staff’s understanding is that Option 3 of the Baird report, if undertaken, would follow a process like that shown in Attachment 9 which was a Lake Ontario shoreline project where the Toronto and Region Conservation Authority was the proponent. Staff have not sought to confirm all the regulatory approvals that would be required for any of the potential undertakings identified in the Baird report because of the absence of project funding. Funding Conclusion 5.18. The bottom line in terms of funding requests is that staff have not identified a clear path towards any public monies being available to fund the infrastructure improvements identified as Option 3 in the Baird Report. 5.19. In the absence of land acquisition and taking into consideration the questions raised in CAO-006-19 respecting the assumption of public beach amenity and public ownership, it is the opinion of staff that a revised Expression of Interest for the next DMAF intake cycle would likely not be successful. The full DMAF application is subject to screening criteria. Amongst these is the demonstration of a Return on Investment higher than 2:1, meaning that for every dollar spent under DMAF at least two dollars are anticipated to be saved in future natural disaster loss. 5.20. Should adequate public benefit be demonstrated to support a revised DMAF application, funding partnerships will continue to be necessary. The maximum contribution of funding provided by the Federal Government for approved DMAF projects is 40% of total eligible project expenditures. This leaves a significant project funding shortfall for the implementation of Baird Report Option 3 ($9.6 million of capital funding plus 100% of all costs associated with permitting, planning, public consultation and design). 6. Concurrence This report has been reviewed by the Director of Engineering Services, Acting Director of Planning Services, Director of Operations, Fire Chief and Director of Finance who concur with the recommendations. Page 158 Municipality of Clarington Page 11 Report CAO-010-19 7. Conclusion 7.1. Given that staff are not qualified to carry out the analysis required to determine the quantum of waterfront property and public beach that may have been lost along Cedar Crest Beach Road, it is recommended that $30,000 be approved from the Tax Rate Stabilization Fund to cover the consulting fees for this work. Staff Contact: Andrew Allison, CAO, 905-623-3379 Ext. 2002 or aallison@clarington.net; Faye Langmaid, Acting Director of Planning Services, 905 -623-3379 Ext. 2407 or flangmaid@clarington.net; Ron Albright, Assistant Director of Engineering Services, 905 -623- 3379 Ext. 2305 or ralbright@clarington.net; Amy Burke, Acting Manager – Special Projects, Planning Services, 905-623-3379 Ext. 2423 or aburke@clarington.net Attachments: Attachment 1 – Workplan for Shoreline Attachment 2 – Map from 1878 Historic Atlas of Northumberland and Durham Count ies Attachment 3 – Aerials of the Port Darlington (west shore) reach through the decades Attachment 4 – Public ownership of lands and when they were acquired Attachment 5 – Letter dated August 29, 2019 from Honourable Catherine McKenna, Federal Minister of Environment and Climate Change Attachment 6 – Letter dated September 3, 2019 from Erin O’Toole, MP Durham Attachment 7 – Letter dated August 15, 2019 from The Honourable Francois-Philippe Champagne, Federal Minister of Infrastructure and Communities Attachment 8 – Memo dated July 30, 2019 regarding DMAF Attachment 9 – Planning and Approvals Process Interested Parties: List of Interested Parties available from Department. Page 159 Attachment 1 to Report CAO-010-19 Project outline: Cedar Crest Beach Erosion Purpose: Cedar Crest Beach is a dynamic beach system that formed along the Lake Ontario shoreline, creating a barrier beach and coastal wetland environment. Development began to occur on the beach during the 1920’s as the site became popular as a summer vacation area, and has continued to present times with increasing development intensity and value. Flooding and erosion are concerns for developments on the Beach, and has been the subject of recent studies. Most recently, the Municipality of Clarington gave the following direction to staff: “…report to Council on the quantum of waterfront property and public beach that have been lost along Cedar Crest Beach Road since the St Marys.Votorantim dock expansion took place due to erosion and all other environmental factors. (excerpt from Clarington council resolution #C-275-19; July 2019) A report is requested that will explore historical and current erosion processes affecting Cedar Crest Beach, and connections to historical development and environmental factors. History/Background: Provide a discussion of how the Cedar Crest Beach barrier dynamic beach was formed prior to development and settlement on the beach and the natural unimpaired function/morphology of a barrier dynamic beach. The state of the shoreline through recent times can be tracked through aerial photography available through all decades from present times through the 1950’s. Observation and measurements of the shoreline should be paired with:  Historical Lake Ontario water level data, especially looking at low water years and high water years.  Development on the Beach and in the adjacent shoreline communities including but not limited to: o Cottage and home development on the Beach o St Marys pier creation and pier expansion o Shoreline hardening and shoreline alteration within the littoral cell for the Cedar Crest Beach (ie: private shoreline protection works, Ontario Power generation works, etc.) Analysis: Analyse wave action, current, and sediment transport using models and calculations, to gain an understanding of sediment movement including sources and sinks. Establish a littoral cell for sediment movement for the Cedar Crest Beach. Page 160 Attachment 1 to Report CAO-010-19 Analyse historical aerial photography to document bluff and beach recession. For each period of time, determine:  Rate of erosion  Change in development intensity on the Beach  Developments within the littoral cell including shoreline development, shoreline armouring (percent of shoreline armoured), and Lake fill/pier development  Lake Ontario water levels Report: Summarize the analysis with a report that includes discussion of natural sediment movement in relation to Cedar Crest Beach barrier dynamic beach. Comment on the erosion rates at Cedar Crest Beach and adjacent bluffs in comparison with similar areas of the Great Lakes shoreline. Comment on the quantum of waterfront property and public beach that have been lost along Cedar Crest Beach Road since the St Mary’s/Votorantim dock expansion took place due to erosion and all other environmental factors. Discuss developments that have occurred within the study area and the consequences of the developments with respect to shoreline erosion and the function and morphology of the barrier dynamic beach. Discuss the relationship between shoreline armouring, shore walls, and dynamic beaches in general, and specific to Cedar Crest Beach. Discuss the role of Lake Ontario water level regulation on shoreline erosion and sediment movement, commenting on pre-regulation, Plan 58DD, and Plan 2014. Discuss the predicted impact of Climate Change on dynamic beaches shoreline erosion. Page 161 Page 162 West Beach RoadPort Darl i ngton RoadWaverley RoadWe s t B e a c h Ro a dCove RoadCedar Crest Beach RoadCove RoadWatsonCrescentCo ve Roa dWest Beach RoadPort Darl i ngton RoadWaverley RoadWe s t B e a c h Ro a dCove RoadCedar Crest Beach RoadCove RoadWatsonCrescentCo ve Roa d West Beach RoadPort Darl i ngton RoadWaverley RoadWe s t B e a c h Ro a dCove RoadCedar Crest Beach RoadCove RoadWatsonCrescentCo ve Roa d 1971 West Beach RoadPort Darl i ngton RoadWaverley RoadWe s t B e a c h Ro a dCove RoadCedar Crest Beach RoadCove RoadWatsonCrescentCo ve Roa d 1954 19891978 Page 163 West Beach RoadPort Darl i ngton RoadWaverley RoadWe s t B e a c h Ro a dCove RoadCedar Crest Beach RoadCove RoadWatsonCrescentCo ve Roa d 2018 West Beach RoadPort Darl i ngton RoadWaverley RoadWe s t B e a c h Ro a dCove RoadCedar Crest Beach RoadCove RoadWatsonCrescentCo ve Roa d 2008 West Beach RoadPort Darl i ngton RoadWaverley RoadWe s t B e a c h Ro a dCove RoadCedar Crest Beach RoadCove RoadWatsonCrescentCo ve Roa d 1999 Page 164 West Beach RoadPort Darl ington RoadW e s t B e a c h R o a dCove RoadCedar Crest Beach RoadCove RoadWatsonCrescentC o v e Ro a d µ PLN 15.2 Cedar Crest Beach Clarington and CLOCA Properties Pre 1 95 0 19 50 - 1 95 9 19 60 - 1 96 9 19 70 - 1 97 9 19 80 - 1 98 9 19 90 - 1 99 9 20 00 - 2 00 9 20 10 - 2 01 9 2018 Aerial Photography Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Presentations and Handouts Takako Ito Consul-General of Japan in Toronto September 23, 2019 Doing Business with Japan City of Clarington 1 Why is Canada important to Japan? Prime Minister Abe with Prime Minister Trudeau in Ottawa, April 2019 (Photo: Prime Minister of Japan and His Cabinet) Embassy of Japan in Ottawa Embassy of Canada in Tokyo 2 Japan –Canada Bilateral Relations •Japan and Canada share values and a common vision for a more prosperous and peaceful world: Democracy, Human Rights, Free & Open Economy, Rule of Law, etc. •Canada is a major developed country which is politically stable, increasingly interested in Asia Pacific. •Canada has abundant natural resources, advanced technologies and industries including well-developed service sector. Canada Japan Population 37,058,856 (Sept. 2018)127,185,332 (2018) The total land area 9,984,670㎢ ×27= 377,972㎢ ×2.8= Population density 3.9/㎢ 349/㎢ GDP 1.6 Trillion USD (2017) $$ 4.9 Trillion USD (2017) $$$$$ GDP per Capita 46,261 USD (2018)39,306 USD（2018） Energy Self-Sufficiency Rate 174.4% (2016)8.4% (2016) Food Self-Sufficiency (Calorie Base) 264% (2013)38%(2017) Japan –Canada Data Comparison 3 Major Industries (breakdown of GDP by industry) Average life span 81.9 (2017)【M-79.3,F-84.7】85.3 (2017)【M-81.9,F-88.8】 Political System Constitutional Monarchy -House of Commons: 338 (4 years) -Senate: 105 (appointive, retirement age:75) Constitutional Monarchy -House of Representatives:465(4years) -House of Councilors:242(6years) *Small constituency + proportional rep. Canada Japan Service 70% Manufacturing 10% Construction 7% Mining 8% Agriculture 2% Service 71% Manufacturing 21% Construction 7%Agriculture 1% -Wholesaling, Retailing -Real Estate Business -Finance, Insurance -Communication -Wholesaling, Retailing -Real Estate Business -Communication -Finance, Insurance -Medical service Executive Legislative Judicial People 4 (Source: Global Affairs Canada) 838 Japanese companies in Canada (2018) 286 Japanese companies in Ontario (2018) Japan –Canada Economic Relations $16.8 Billion (CAD) $12.8 Billion (CAD) Goods Trade (2018) Direct Investment (2018) $28.9 Billion (CAD) $7.6 Billion (CAD) 5 Canada’s Trade with Japan (2018), Billion CAD $ Billion (CAD) Exports from JapanImports from Japan Total $12.8 Billion (CAD) Japan –Canada Economic Relations Total $16.8 Billion (CAD) 6 Trade (2018) Automobile Canada’s Export PartnersCanada’s Import Partners Japan –Canada Economic Relations 0 200,000 400,000 600,000 800,000 2011 2012 2013 2014 2015 2016 2017 2018 Light Vehicle Production in Ontario (units) Honda Toyota GM Ford FCA 7 Steadily-growing Economy under Abenomics Japan's GDP continues to grow under Abenomics (14.4% over the last 7 years. Japan’s Economic Strength Source: Government of Japan (2018) Before and After Abenomics (2012 Versus 2018) 8 Nominal GDP 61JPY tn (12.4%) 493 JPY tn → 554 JPY tn Number of Employed Persons (Female)3.8mm (2.9mm) 62.7mm (26.6mm) → 66.6mm (29.5mm) Corporate Pre-tax Profit 41.3JPY tn 39.7 JPY tn → 81.0JPY tn Record high Tax Revenue 28JPY tn 78.7 JPY tn →107.0 JPY tn Record high Inbound Tourists to Japan 22.8mm 8.4 mm → 31.2 mm Record high Unemployment Rate 2.4 % 4.5 %→ 2.4 % Large and Sophisticated Market GDP: $4.9 Trillion USD (2018) → the 3rd largest in the world . 52 companies out of the “Fortune 500” have their HQ in Japan, citing “the massive size of market” as an attractive advantage. Japan's regional economies have GDPs equal to some countries’ national GDPs (2016). Japan’s Economic Strength Canada 1,535.8 9 World-class research funding and number of researchers •Research funding as a percentage of GDP (3.56%) •Number of researchers per 10,000 people (52.1, G7 comparison) •Numbers of patents registered 23 Prizewinners in recent years Tasuku Honjo 2018 in Physiology or Medicine Yoshinori Ohsumi 2016 in Physiology or Medicine Satoshi Omura 2015 in Physiology or Medicine Takaaki Kajita 2015 in Physics Isamu Akasaki 2014 in Physics Hiroshi Amano 2014 in Physics Shuji Nakamura 2014 in Physics Japan’s Economic Strength winners in scientific fields 10 Business-Friendly Infrastructure Japan’s business environment is highly evaluated by the World Economic Forum (2016-2017). Low infrastructure fees…. Japan’s Economic Strength 11 World-class transportation infrastructure Nearly 62% of foreign companies in Japan validate well-maintained service and transportation infrastructure as an advantage. Airports with international flights in service:51 Annual railway passengers: 24.3 billion Number of shinkansen (bullet train) departures from Tokyo station per hour: 15 Average shinkansen delay time: 36 seconds (annual operation of 120,000 trains) Japan’s Economic Strength 12 13 A safe and peaceful country 106 foreign companies out of 209 cited "social stability" as a strength of Japan’s business environment. Japan’s Economic Strength Crime Rate in 2017 (per 100,000 people) Canada 5,334 cases 5.30% Japan 722 cases 0.72% 14 •Shortened investment procedures •Acceleration of status of residency examinations •Indefinite period of stay for highly skilled foreign professionals •Subsidy program for the costs of foreign companies setting up innovation centers •Enhance R&D Tax Credit System to deduct R&D expenses from corporate tax •Corporate tax credit for companies with new employment of 5 or more •Reduction of patent fees Incentives by the National Government 15 •Market size and growth potential •Highly educated/skilled population (workforce) •Accumulated customers/suppliers •More transparent and streamlined temporary visa issuance •Attractive tax levels and incentives •Proximity and easy access to major markets •More leeway in P3 partnerships with government, more control over projects •Reasonable land costs •Pro-Japanese sentiments What Japanese companies look for overseas expansion According to 2018 JETRO polls: •51.1% of Japanese companies plan to expand their overseas business (esp. medical, cosmetics, apparel, chemical) •Over 80% wish to expand sales abroad •About half of Japanese companies employ foreigners to help expand sales and improve negotiations with foreign businesses 16 CPTPP •Major trading bloc comprising 11 countries representing 495 million people and a combined GDP of $13.5 trillion. •The elimination of tariffs ensures a free, open and rule-based economic system, and provides Canadian exporters across a broad range of sectors in all provinces and territories with new opportunities in key foreign markets, and vice-versa. •Particularly beneficial for exports to Japan, where the elimination of tariffs will give Canada a “first mover” advantage in the market (i.e. over U.S. exporters). •Covers not only trade in goods, but also trade in services, government procurement, e-commerce, intellectual property, etc. Government’s Forecast of Economic Effect of CPTPP •Economy: +1.5% of real GDP (about 71.4 billion USD) •Job Creation: +0.7% of real GDP (about 460,000 jobs) Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Source: Government of Canada 17 JETRO JETRO is a government-related organization working to promote mutual trade and investment between Japan and the rest of the world. JETRO's Invest Japan Department focuses on promoting foreign direct investment in Japan and assisting foreign-affiliated companies already in country to further expand their investments within Japan. 18 Support from JETRO 19 ●The Japan Exchange and Teaching Programme （JET Programme) ●MEXT Scholarship ●KAKEHASHI Project People to People Exchange 20 21 Sister-City Relations between Japan and Ontario 22 Organizations Promoting Japanese Culture in Ontario Japanese Canadian Cultural Centre www.jccc.on.ca The Japan Foundation, Toronto https://jftor.org The Japan Society www.japansocietycanada.com Canada Japan Society canadajapansociety.blogspot.com 23 Sign Up for our Cultural Mailing List! Consulate-General of japan in Toronto holds various cultural events and presentations through the year. If you would like to be notified of them, please send your name and e- mail address to culturaleventcgto@to.mofa.go.jp 24