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HomeMy WebLinkAbout01/27/2020 General Government Committee Agenda Date:January 27, 2020 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/archive *Late Item added after the Agenda was published. Pages 1.Call to Order 2.Land Acknowledgement Statement 3.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. 4.Adopt the Agenda 5.Declaration of Interest 6.Announcements 7.Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of General Government Committee dated January 6, 2020 5 7.2 Minutes of a Special Meeting of General Government Committee dated January 10, 2020 24 8.Delegations 8.1 Pauline Witzke, Port Darlington Community Association, Regarding Port Darlington Shoreline Protection 8.2 Libby Racansky, Regarding Municipal Roads and Traffic Congestion 8.3 Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood 8.4 Roman Zydownyk, Regarding 55 A/B Townline Road South, Clarington General Government Committee Agenda January 27, 2020 Page 2 9.Communications – Receive for Information 9.1 Minutes of the Bowmanville Business Improvement Area dated November 12, 2019 31 9.2 Minutes of the Tyrone Community Centre dated November 20, 2019 37 10.Communications – Direction 10.1 Libby Racansky, Regarding Municipal Roads and Traffic Congestion 40 (Motion for Direction) 10.2 Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood 43 (Motion for Direction) 11.Presentations No Presentations 12.Engineering Services Department Reports No Reports for this section of the Agenda. 13.Operations Department Reports No Reports for this section of the Agenda. 14.Emergency and Fire Services Department Reports No Reports for this section of the Agenda. 15.Community Services Department Reports 15.1 CSD-002-20 Public Access Defibrillator Program – Lakeridge Health Agreement Renewal 45 16.Municipal Clerk’s Department Reports 16.1 CLD-002-20 Appointments to Fill Vacancies on Various Boards and Committees 59 General Government Committee Agenda January 27, 2020 Page 3 17.Corporate Services Department Reports 17.1 COD-001-20 Co-op Request for Proposal RFP-348-2019 – Consulting and Related Management and Administrative Services for the Supply of Natural Gas 63 18.Finance Department Reports No Reports for this section of the Agenda. 19.Solicitor’s Department Reports 19.1 LGL-001-20 Assumptions of Road Widenings 67 20.CAO Office Reports 20.1 CAO-003-20 Forestry Service Delivery Review 72 21.New Business – Consideration 22.Unfinished Business 22.1 Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, regarding Regional Heritage Property Tax Rebate 152 [Referred from the January 13, 2020 Planning and Development Committee meeting] 23.Confidential Reports 23.1 CAO-002-20 NRCan Zero Emission Vehicle Infrastructure Program [Distributed Under Separate Cover] 24.Adjournment General Government Committee Agenda January 27, 2020 Page 4 1 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: January 6, 2020 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 (left at 11:42 AM), Councillor J. Jones, Councillor J. Neal (arrived at 11:16AM), Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, G. Acorn (left at 11:42 AM), R. Albright (left at 11:42 AM), S. Brake (left at 11:42 AM), R. Maciver, M. Marano (left at 11:42 AM), T. Pinn (left at 11:42 AM), G. Weir (left at 11:42 AM), A. Greentree, J. Gallagher, S. Gray _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2. Land Acknowledgement Statement Councillor Jones lead the meeting in the Land Acknowledgement Statement. 3. New Business – Introduction Councillor Traill asked that a new business item, regarding Street Naming, be added to the New Business – Consideration section of the agenda. Councillor Traill asked that a new business item, regarding a Skate Trail, be added to the New Business – Consideration section of the agenda. Councillor Traill asked that a new business item, regarding United Shorelines Ontario (USO) Clarington Rally, be added to the New Business – Consideration section of the agenda. Page 5 General Government Committee Minutes January 6, 2020 2 4. Adopt the Agenda Resolution # GG-001-20 Moved by Councillor Zwart Seconded by Councillor Traill That the Agenda for the General Government Committee meeting of January 6, 2020 be adopted as presented with the addition of a New Business Items:  Street Naming  Skate Trail  United Shorelines Ontario (USO) Clarington Rally Carried 5. Declaration of Interest Councillor Hooper declared an direct interest in Unfinished Business Item 22.2, Memo from Anne Greentree, Municipal Clerk, regarding Correspondence Item 10.1 and Item 3 of General Government Report Dated November 4, 2019- Report CLD-023-19 Regarding Taxicab Drivers Licence Application - Appeal. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of General Government Committee dated November 25, 2019 Resolution # GG-002-20 Moved by Councillor Jones Seconded by Councillor Hooper That the minutes of the regular meeting of the General G overnment Committee meeting held on November 25, 2019, be approved. Carried 7.2 Minutes of a Special Meeting of General Government Committee dated December 6, 2019 Resolution # GG-003-20 Moved by Councillor Jones Seconded by Councillor Anderson That the minutes of the special meeting of the General Government Committee meeting held on December 6, 2019, be approved. Carried Page 6 General Government Committee Minutes January 6, 2020 3 8. Delegations 8.1 Sheila Hall, Executive Director and Bonnie Wrightman, Manager of Business Development, Clarington Board of Trade, Regarding Unfinished Business Item 22.3, 2019 Q3 KPI Report Sheila Hall, Executive Director and Bonnie Wrightman, Manager of Business Development, Clarington Board of Trade (CBOT), were present regarding Unfinished Business Item 22.3. Ms. Hall advised the Committee that 2019 was a prosperous year for Clarington and CBOT looks forward to working with the business community in 2020. She noted that there are several projects that happened in 2019 that will be completed in 2020, including Toyota and East Penn. Ms. Hall thanked the Committee for their support and stated they were available to answer questions. Alter the Agenda Resolution # GG-004-20 Moved by Councillor Traill Seconded by Councillor Zwart That the Agenda be altered to consider Unfinished Business Item 22.3 at this time. Carried 8.2 Update from the Clarington Board of Trade - 2019 Q3 KPI Report Resolution # GG-005-20 Moved by Councillor Jones Seconded by Councillor Hooper That the Unfinished Business Item 22.3, regarding Update from the Claringt on Board of Trade - 2019 Q3 KPI Report, be received with thanks. Carried 9. Communications – Receive for Information Resolution # GG-006-20 Moved by Councillor Anderson Seconded by Councillor Hooper That Communication Items 9.1 and 9.2, be received for inf ormation on consent. Carried 9.1 Minutes of the Newcastle Business Improvement Area dated November 14, 2019 9.2 Minutes of the Ganaraska Region Conservation Authority dated November 21, 2019 Page 7 General Government Committee Minutes January 6, 2020 4 10. Communications – Direction 10.1 Becky Jamieson, Municipal Clerk, Township of Brock, Regarding Announcement by the Minister of Municipal Affairs and Housing Aligning Provincial and Municipal Fiscal Years Resolution # GG-007-20 Moved by Councillor Zwart Seconded by Councillor Hooper That the following resolution from the Township of Brock, regarding an announcement by the Minister of Municipal Affairs and Housing Aligning Provincial and Municipal Fiscal Years, be endorsed by the Municipality of Clarington: Whereas currently the municipal fiscal year in Ontario begins on January 1, while the Provincial fiscal year begins on April 1; Whereas the Province has announced that they would like to align the provincial and municipal budget years; Whereas the Province will begin consultations on aligning the Provincial and Municipal fiscal year in 2020; Whereas aligning the municipal fiscal year with the Province's will involve significant staff time and resources for all municipalities in Ontario; Now therefore be it resolved that the Township of Brock Council requests that the Province ensure that their consultation and review of the alignment of the municipal and provincial fiscal years includes a review of the impact it will have to all municipalities in Ontario; Further, that appropriate funding to offset any costs associated with the change be made available to all municipalities in Ontario; and That the Municipal Clerk circulate a copy of this resolution to Minister of Municipal Affairs and Housing, M.P.P. Laurie Scott, AMCTO, AMO, MFOA, and all GTA municipalities. Carried 10.2 Kevin Narraway, Manager of Legislative Service/Deputy Clerk, Town of Whitby, Regarding Gas Tax Funds Resolution # GG-008-20 Moved by Councillor Zwart Seconded by Councillor Jones That the following resolution from the Town of Whitby, regarding Gas Tax Funds, be endorsed by the Municipality of Clarington: Page 8 General Government Committee Minutes January 6, 2020 5 Whereas Canada has responded to the climate change emergency through commitments to a zero carbon future; And Whereas there are global and national shifts in reducing greenhouse gas emissions from transportation by reducing reliance on fossil fuel powered vehicles; and, And Whereas the Gas Tax Funds, which are permanent and much valued sources of funding for municipal infrastructure priorities, derives funding from fossil-fuel taxation, the use of which will be reduced in the coming years as dependence on them decreases. Now therefore be it resolved: That the Council of the Town of Whitby requests the Federal Government and Provincial Government ensure that funding for municipalities through their Gas Tax Funds remains sustainable to facilitate effective service delivery and infrastructure maintenance by having the funds supplemented through means other than the taxation of gas and diesel; That the Federal Government and Provincial Government consider renaming their Gas Tax Funds to reflect more sustainable sources of funding; That the Federal Government and Provincial Government consider providing a set dollar amount or an increasing percentage of revenue to municipalities as the reliance on fossil fuels is reduced; and, That the Clerk be directed to circulate this resolution to the Region of Durham, Durham Region local municipalities, MPP Lorne Coe, MP Ryan Turnbull, AMO and FCM. Carried 10.3 Memo from Amy Burke, Acting Manager of Special Projects, Regarding Emerald Ash Borer Funding Assistance Resolution # GG-009-20 Moved by Councillor Zwart Seconded by Councillor Anderson That the following resolution from the Clarington Agricultural Advisory Committee, regarding Emerald Ash Borer Funding Assistance, be endorsed by the Municipality of Clarington: Whereas the Municipality continues to address the devastating effect of Emerald Ash Borer (EAB) on public lands, at a significant cost, and is working on a long-term strategy to secure the resources necessary for the removal and replacement of EAB affected trees in rural roadside areas; Page 9 General Government Committee Minutes January 6, 2020 6 And whereas farmers, as significant private landowners, are also heavily impacted by the spread of EAB across the naturalized areas of their properties; And whereas, despite there being programs and funds to support tree planting and replanting, there are no monies available to assist farmers with the removal of EAB affected trees; And whereas healthy woodlands contribute environmental, ecological, economic and health benefits to communities and Ontario’s agricultural system; Therefore, be it resolved that the Council of the Municipality of Clarington urges the Province of Ontario to renew its commitment to address the spread of invasive species through the provision of funding to Ontario farmers to assist with the cost of removing dead ash trees on private farmland; That a copy of this resolution be circulated to all Durham Region municipalities and the Region of Durham for endorsement; That a copy of this resolution be circulated to the Association of Municipalities of Ontario; and That a copy of this resolution be directed to Doug Ford, Premier of Ontario; the Honourable John Yakabuski, Minister of Natural Resources and Forestry; the Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs; Lindsey Park, MPP (Durham); and David Piccini, MPP (Northumberland-Peterborough South). Carried 10.4 Myles Brandt, President & General Manager, Canadian Tire Motorsport Park, Regarding Flyby Approval Request Resolution # GG-010-20 Moved by Councillor Hooper Seconded by Councillor Traill That the Municipality of Clarington send letters of support for a flyby by Canadian Armed Forces aircraft as low as 500 feet, for the following events at Canadian Tire Motorsport Park for transit, practice and shows: Castrol Victoria Day SpeedFest - May 17, 2020, Mobil 1 SportsCar Grand Prix - July 5, 2020, Chevrolet Silverado 250 - September 6, 2020. Carried Page 10 General Government Committee Minutes January 6, 2020 7 10.5 Susan Cassel, City Clerk, City of Pickering, Regarding National School Bus Safety Week and Stop Arm Cameras Resolution # GG-011-20 Moved by Councillor Anderson Seconded by Councillor Zwart That the following resolution from the City of Pickering, regarding National School Bus Safety Week and Stop Arm Cameras, be endorsed by t he Municipality of Clarington: That Corr. 36-19, dated October 18, 2019, from Pierre Ranger, Chair, Let’s Remember Adam – Stop for the School Bus, be endorsed; and That this resolution be circulated to the Minister of Transportation, Minister of Education, Association of Municipalities of Ontario (AMO), Durham District School Board, Durham Catholic District School Board, Conseil Scolaire Viamonde, Durham Regional Police Service, the Region of Durham, and all Durham Region municipalities for their consideration. Carried 10.6 Amelia Humphries, City Clerk, City of Woodstock, Regarding Ban of Single- Use Plastic Handled Shopping Bags Resolution # GG-012-20 Moved by Councillor Hooper Seconded by Councillor Traill That Communication Item 10.6, Amelia Humphries, City Clerk, City of Woodstock, Regarding Ban of Single-Use Plastic Handled Shopping Bags, be received with thanks. Carried 10.7 Betsy Puthon, Executive Assistant to Mayor Cam Guthrie, City of Guelph, Large Urban Mayors' Caucus of Ontario, Regarding Advocacy Funding Initiative Resolution # GG-013-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Council approve the $5000 contribution to LUMCO's advocacy initiative to be paid from the Rate Stabilization Reserve Fund. Carried 11. Presentations No Presentations Page 11 General Government Committee Minutes January 6, 2020 8 12. Engineering Services Department Reports No Reports for this section of the Agenda. Councillor Hooper chaired this portion of the meeting. 13. Operations Department Reports 13.1 OPD-001-20 Contracting Out of Snow Plow Routes Resolution # GG-014-20 Moved by Councillor Jones Seconded by Councillor Traill That Report OPD-001-20, be referred to the next Regular Council Meeting dated January 20, 2020. Motion Lost Resolution # GG-015-20 Moved by Mayor Foster Seconded by Councillor Anderson That Report OPD-001-20 be received; That Council approve, as requested in the 2019 Capital Budget submission, the purchase of two additional single axle combination plow trucks that are to be 90% funded through development charges; and That staff be directed to issue a tender as soon as possible requiring that two pieces of equipment be provided on November 1, 2020; and add additional routes to the contract each year as existing combination snow plow trucks reach the end of their service life and are scheduled for replacement. Carried Page 12 General Government Committee Minutes January 6, 2020 9 Councillor Zwart chaired this portion of the meeting. 14. Emergency and Fire Services Department Reports 14.1 ESD-001-20 Automatic Aid Agreement – Oshawa Fire Services – Highway 401 Update Resolution # GG-016-20 Moved by Councillor Hooper Seconded by Councillor Jones That Report ESD-001-20 be received; That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with Oshawa Fire Services, Attachment 1 to Report ESD-001-20; and That all interested parties listed in Report ESD-001-20, and any delegations be advised of Council’s decision. Carried Councillor Traill chaired this portion of the meeting. 15. Community Services Department Reports 15.1 CSD-001-20 2019 Community Event Sponsorship Request – Fall Intake Missed Application Resolution # GG-017-20 Moved by Councillor Jones Seconded by Councillor Hooper That Report CSD-001-20 be received; That Council consider the Doors Open Sponsorship request; and That the interested parties listed in Report CSD-001-20, and any delegations be advised of Council’s decision. Carried Doors Open Clarington Resolution # GG-018-20 Moved by Mayor Foster Seconded by Councillor Hooper That the Sponsorship Application #S20-07, from Doors Open Clarington, be approved in the amount of $2000.00. Carried Page 13 General Government Committee Minutes January 6, 2020 10 Councillor Jones chaired this portion of the meeting. 16. Municipal Clerk’s Department Reports 16.1 CLD-001-20 Fireworks By-law 2015-047 Resolution # GG-019-20 Moved by Mayor Foster Seconded by Councillor Zwart That Report CLD-001-20 be received; That the Municipal Law Enforcement Division, Emergency & Fire Services Department, and the Communications Division be directed to develop and implement an education campaign to raise awareness of the issues relate d to fireworks; and That all interested parties listed in Report CLD-001-20 and any delegations be advised of Council’s decision. Carried Mayor Foster chaired this portion of the meeting. 17. Corporate Services Department Reports No Reports for this section of the Agenda. 18. Finance Department Reports 18.1 FND-001-20 Temporary Borrowing By-law for 2020 Resolution # GG-020-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Report FND-001-20 be received; and That the By-law attached to Report FND-001-20 as Attachment 1, be approved. Carried 19. Solicitor’s Department Reports No Reports for this section of the Agenda. 20. CAO Office Reports No Reports for this section of the Agenda. Page 14 General Government Committee Minutes January 6, 2020 11 21. New Business – Consideration 21.1 Deep Retrofit Program Funding Resolution # GG-021-20 Moved by Councillor Hooper Seconded by Councillor Anderson Whereas the Municipality of Clarington strives to sustain our environment for future generations and to foster a heathy community that nurtures the wellbeing of residents to provide a high quality of life indefinitely; Whereas the Municipality of Clarington recognizes that it has a role in reducing the local and global environmental damages associated with the production, transportation and use of energy; Whereas the Municipality of Clarington recognizes the need to reduce the greenhouse gas emissions that are contributing to climate change to minimize the likelihood of catastrophic climate change and the damaging impacts that it will have on humans and the environment; Whereas the Municipality of Clarington is taking action to implement climate change mitigation and adaptation actions that are within our control through energy conservation and demand management planning and the development of the Clarington Climate Action Plan; Whereas the Municipality of Clarington recognizes the need for energy expenses to be minimized to minimize the financial burden on residents, businesses and the municipality; and Whereas the Municipality of Clarington has collaborated on the devel opment of the Durham Community Energy Plan, which promotes deep energy retrofits as a key action to transition to a prosperous low carbon economy and ensure the wellbeing of our community and environment; Now therefore be it resolved that The Council of the Municipality of Clarington encourages the Provincial Government of Ontario and Federal Government of Canada to develop and financially support programing that helps residents, businesses and municipalities reduce their energy consumption and associated greenhouse gas emissions; That the Mayor, on behalf of Clarington Municipal Council, be directed to forward this resolution to the Right Honorable Justin Trudeau, Prime Minister of Canada, with the request that the Federal Government dedicate funding to develop and fund programs that assist residents, businesses and municipalities to undertake deep energy retrofits; That the Mayor, on behalf of Clarington Municipal Council, be directed to forward this resolution to the Honourable Doug Ford, Premier of Ontario, with the request that the Government of Ontario dedicate funding to develop and fund programs Page 15 General Government Committee Minutes January 6, 2020 12 that assist residents, businesses and municipalities to undertake deep energy retrofits; That a copy of this resolution be forwarded to the Honourable Erin O’Toole, MP (Durham), Honourable Philip Lawrence MP (Northumberland-Peterborough South), Lindsey Park, MPP (Durham), David Piccini, MPP (Northumberland- Peterborough South); and That a copy of this resolution be forwarded to the Region of Durham. Carried Recess Resolution # GG-022-20 Moved by Councillor Jones Seconded by Councillor Anderson That the Committee recess for 10 minutes. Carried The meeting reconvened at 10:59 AM with Mayor Foster in the Chair. 21.2 Motion arising out of the Delegation from the Clarington Board of Trade Resolution # GG-023-20 Moved by Councillor Traill Seconded by Councillor Zwart That the Municipal Solicitor be directed to provide answers to the following questions, for the March 9, 2020 General Government Committee meeting. 1. Do the Municipality of Clarington and the Regional Municipality of Durham have the same jurisdictional powers? 2. Does the Municipality of Clarington have jurisdictional power under the Municipal Act to provide economic development services? 3. Does the Regional Municipality of Durham have the jurisdictional power under the Municipal Act to provide economic development services? 4. Does the Regional Municipality of Durham have the authority to delegate jurisdictional powers to the Municipality of Clarington? 5. Does the Municipality of Clarington have the authority to delegate the Regional Municipality of Durham’s jurisdictional power to provide economic development services as defined in section 1(1) of the Municipal Act to the Clarington Board of Trade? 6. Does the Municipality of Clarington have the authority to delegate to the Clarington Board of Trade its legislative and quasi-judicial powers regarding economic development services? Page 16 General Government Committee Minutes January 6, 2020 13 7. Does the Municipality of Clarington have the authority to delegate its legislative and quasi-judicial powers regarding economic development services indirectly, via an officer or employee of the Municipality of Clarington? 8. When the Municipality of Clarington originally passed a by-law contracting the Clarington Board of Trade to provide economic development services, did this action create a conflict between a by-law passed by a lower-tier municipality and a by-law passed by its upper tier municipality? If so, would section 13.1(1) of the Municipal Act render Clarington’s by-law inoperative to the extent that it frustrates an integral part of a system of its upper tier municipality (i.e. the provision of economic development services)? 9. Do any municipal, provincial or federal statutes regarding conflict of interest apply to members and to employees of the Clarington Board of Trade? 10. What mechanisms including accountability mechanisms and disciplinary mechanisms are in place currently to regulate employees and to regulate members of the Clarington Board of Trade? 11. Are the employees and members of the Clarington Board of Trade regulated by the Ontario Municipal Act Part V.1 with respect to code of conduct, duty of confidentiality, inquiries and investigations? 12. In the event it is confirmed that the Municipality of Clarington, a lower-tier Municipality, has violated the Municipal Act by contracting economic development services to the Clarington Board of Trade, Is there any legal liability attaching to the Municipality of Clarington regarding same, generally and specifically, with reference to third party actions brought against the Municipality (i.e. for interference with ? Are there any consequences for individual Councillors for allowing a continuance of the arrangement? 13. Would the current arrangement between the Clarington Board of Trade and the Municipality of Clarington violate the doctrine of “good faith” in the performance of contracts, as set forth in Bhasin and Hrynew? 14. In the event it is confirmed that the Municipality of Clarington and the Clarington Board of Trade’s current arrangement violates the Municipal Act, would the Durham Insurance Pool cover the costs of any third party legal action brought against the Municipality arising out of same? 15. If the contract with the Clarington Board of Trade is not rendered inoperative or invalid on the grounds of being ultra vires and/or void ab initio by virtue of the delegation of powers under the Municipal Act, and specifically, the delegation of economic development services, can Municipality of Clarington to terminate the current Clarington Board of Trade contract and enter into an agreement with the Region of Durham for the Region of Durham to provide economic development services for Clarington? Page 17 General Government Committee Minutes January 6, 2020 14 16. Can the contract between Clarington and the Region of Durham to provide economic development services for Clarington include accountability measures, such as benchmarks and a quarterly report to Council on progress? 17. Is there a clause in the contract which we have signed with CBOT which restricts CBOT from conducting any political activities? 18. If yes to above, why does CBOT host an all candidates meeting every time we have an election? 19. Would it be considered a conflict of interest if a member of Council was a current board member of CBOT? What about a past President of the CBOT? That the CAO be directed to provide answers to the following questions, for the March 9, 2020 General Government Committee meeting. 1. Over the last ten years, how much has the individual taxpayer in Clarington paid to the Clarington Board of Trade? 2. What was the 2018 annual cost of these services (per taxpayer)? 3. What was the 2019 annual cost of these services? (per taxpayer) 4. What is the projected 2020 cost of these services? (per taxpayer) 5. Using the current financial modelling, what is the projected cost of the Clarington Board of Trade providing the Municipality of Clarington with economic development services over the next ten years? (per taxpayer and globally) Carried 21.3 Street Naming Resolution # GG-024-20 Moved by Councillor Traill Seconded by Councillor Anderson Whereas the Price family has contributed significantly to Clarington, starting with James Sydney Price who received the British War Medal and the Victory Medal for his service in World War 1; Whereas the Price family has been farming in Bowmanville since 1931 and Price’s Country Market vegetable stand and farm has been a staple in east Bowmanville for the past 30 years; Whereas the Price family has donated vegetables, decorations, flowers and Christmas trees to Bowmanville churches, local schools, and donated pumpkins to the Bowmanville Veterinary Clinic for its fundraising for the Farley foundation which helps other-abled people with payment of veterinary bills the Bowmanville Museum the Bowmanville Legion, and sponsored Concerts in the Park; Page 18 General Government Committee Minutes January 6, 2020 15 Whereas, with Phyllis Price having been a teacher in Clarington for thirty years, the Price family also provided school tours to local school children to teach young people about the importance of farming and growing local; Now therefore be it resolved that: 1. In recognition of the contributions of the Price family, Clarington waive its street-naming by-law to allow a new street to be named for Terry Price, with proximity to Price’s Market being the primary consideration when selecting a street; 2. The Price family be advised of Committee’s decision; and 3. Recognition of Terry Price and his family’s contributions be made at the ratification of this Motion, if passed. Carried 21.4 Skate Trail Councillor Neal attended the meeting at 11:16 PM. Resolution # GG-025-20 Moved by Councillor Traill Seconded by Councillor Jones Whereas Clarington has over twenty-one kilometres of trails and is committed to promoting active and healthy living, and Whereas ice skating trails are currently one of the most popular winter activities in Ontario; and Whereas Clarington residents have expressed a strong support for an ice skating trail in Bowmanville; Now therefore be it resolved that: 1. Staff investigate and report back on building and operating a one kilometre looped ice skating trail similar to the trail located at Arrowhead Provincial Park in the north quadrant of the former Bowmanville Zoo property, i.e. north of the bridge over Soper Creek, with Staff considering funding options, including having the cost of annual trail construction, operation and maintenance to be paid or subsidized via skate trail / park user fee (i.e. $20 per vehicle); 2. Staff to investigate and report back on alternate or additional future sites for ice skating trails, and potential skate trail connectivity; including: a. The Soper Creek floodplain east of Hobbs Drive (parking at Soper Creek Park and on south side of Highway 2 at Bowmanville Zoo, with easy access to bring in Zamboni); and b. The future Camp 30 site. Page 19 General Government Committee Minutes January 6, 2020 16 3. Staff to report back on whether ice resurfacing equipment can be borrowed from existing facilities or if specialized equipment needs to be purchased (i.e. a Zamboni attachment for a tractor; water truck); and 4. Staff be invited to seek input from other Municipalities which operate ice skating trails; and 5. Staff to report back to Committee by July, 2020 with recommendations for inclusion in the 2021 budget. Carried 21.5 United Shorelines Ontario (USO) Clarington Rally Resolution # GG-026-20 Moved by Councillor Traill Seconded by Councillor Jones That the information regarding the date and location of the United Shorelines Ontario (USO) Clarington rally, in protest of the International Joint Commission’s (IJC) Plan 2014, be referred to the Communications Division to be placed on Clarington’s website as well as preparation of a media advisory, when the information becomes available. Carried 22. Unfinished Business 22.1 Report COD-023-19 - Miscellaneous Catch Basin and Maintenance Hole Repairs Resolution # GG-027-20 Moved by Councillor Anderson Seconded by Councillor Hooper That Report COD-023-19 be received; That Coco Paving Inc. having satisfactorily completed the initial one year term as approved in Resolution #C-047-19 (Attachment #1), with an annual bid in the amount of $133,032.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2018-33 be awarded the contract for a second one year term, as required by the Operations Department; That pending satisfactory performance and the Operations Department confirmation following an internal work assessment the Purchasing Manager, in consultation with the Director of Operations, be given the authority to extend the contract for this service for up to two additional one year terms; That the funds required for this project in the amount of $139,683.00 (Net HST Rebate) which includes the construction cost of $133,032.00 (Net HST Rebate) Page 20 General Government Committee Minutes January 6, 2020 17 and contingency cost of $6,651.00 (Net HST Rebate) be funded by the Municipality as follows: Description Account Number Amount Catch Basin/Sewer Mntnc 100-36-380-10245-7163 77,000 Engineering Pavement Rehab 110-32-330-83212-7401 62,683 That all interested parties listed in Report COD-023-19, and any delegations be advised of Council’s decision. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried (5 to 2) Recess Resolution # GG-028-20 Moved by Councillor Traill Seconded by Councillor Neal That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:30 AM with Mayor Foster in the Chair. The foregoing resolution #GG-027-20 was then put to a recorded vote and carried. 22.2 Memo from Anne Greentree, Municipal Clerk, regarding Correspondence Item 10.1 and Item 3 of General Government Report Dated November 4, 2019- Report CLD‑023-19 Regarding Taxicab Drivers Licence Application - Appeal Councillor Hooper declared an indirect interest in Memo from Anne Greentree, Municipal Clerk, regarding Correspondence Item 10.1 and Item 3 of General Government Report Dated November 4, 2019- Report CLD‑023-19 Regarding Taxicab Drivers Licence Application - Appeal, as the applicant is a former employee of his personal business. Councillor Hooper left the meeting. Page 21 General Government Committee Minutes January 6, 2020 18 Closed Session Resolution # GG-029-20 Moved by Councillor Zwart Seconded by Councillor Jones That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. Carried Rise and Report The meeting resumed in open session at 11:59 AM. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed on a procedural matter. Suspend the Rules Resolution # GG-030-20 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting for an additional 5 minutes. Carried Resolution # GG-031-20 Moved by Councillor Neal Seconded by Councillor Jones That Confidential Report CLD-023-19 be received; That the application for a taxi driver licence, submitted by Sandra MacDonald, be denied; and That all interested parties listed in Report CLD-023-19 and any delegations be advised of Council’s decision. Carried 22.3 Update from the Clarington Board of Trade - 2019 Q3 KPI Report Unfinished Business Item 22.3 was considered earlier in the meeting during the delegation portion of the agenda. 23. Confidential Reports Page 22 General Government Committee Minutes January 6, 2020 19 24. Adjournment Resolution # GG-032-20 Moved by Councillor Traill Seconded by Councillor Zwart That the meeting adjourn at 12:03 PM. Carried ________________________________ ________________________________ Mayor Deputy Clerk Page 23 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Special General Government Committee Minutes Date: Time: Location: January 10, 2020 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, Councillor M. Zwart Staff Present: A. Allison, G. Acorn, T. Pinn, A. Greentree, J. Gallagher, S. Gray _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2. Land Acknowledgement Statement Councillor Neal led the meeting in the Land Acknowledgment Statement. 3. Declaration of Interest There were no disclosures of interest stated at this meeting. 4. Delegations 4.1 Linda Kent, Library Director, Clarington Public Library and Steven Cooke, Chair, Clarington Public Library Board, Regarding the 2020 Operating and Capital Budget Linda Kent, Library Director, Clarington Public Library and Steven Cooke, Chair, Clarington Public Library Board were present regarding the 2020 Operating and Capital Budget. They made a verbal presentation to accompany an electronic presentation. Mr. Cooke stated that the Library Board now includes oversight of the Clarington Museums & Archives. He reviewed their 2020 municipal budget request of $3,515,599.00 which includes a 2% increase. Mr. Cooke advised the Committee that they are requesting capital funding of $291,765.00. He noted that the Library has maintained their capital request for Collections Materials and decreased their capital request for Technology by $10,000.00. Mr. Cooke stated that, in 2020, the Library and Museum are respectfully requesting $50,000 to support a joint Strategic Plan. He explained that the Library’s Strategic Plan was written 10 years ago and was postponed in 2019 pending the potential merger Page 24 Special General Government Committee Minutes January 10, 2020 2 with the museum. Mr. Cooke noted that neighbouring, and other comparably- sized libraries in the Greater Toronto Area, have a median cost per capita for libraries of $45.37 and Clarington’s Public Library’s cost per capital was the lowest at $34.85 per person. He provided the Committee with an overview of the programs offered by the Clarington Public Library. Mr. Cooke stated that the Library’s Bowmanville Branch Accessibility renovation is well underway and they are looking forward to removing barriers thus creating a more welcoming space for everyone in our community. He provided the Committee with an overview of the Museum's programs and accomplishments. Mr. Cooke concluded by thanking the Committee and offered to answer any questions. Suspend Resolution # GG-033-20 Moved by Councillor Neal Seconded by Councillor Traill That the rules of procedure be suspended to allow the Delegation of Linda Kent, Library Director, Clarington Public Library and Steven Cooke, Chair, Clarington Public Library Board, to be asked questions from the Committee. Carried Resolution # GG-034-20 Moved by Councillor Hooper Seconded by Councillor Traill That the delegation of Linda Kent, Library Director, Clarington Public Library and Steven Cooke, Chair, Clarington Public Library Board, Regarding the 2020 Operating and Capital Budget, be received with thanks Carried 4.2 Angie Darlison, Executive Director, Bowmanville Older Adult Association, Regarding the 2020 Operating and Capital Budget Angie Darlison, Executive Director, and David Penne y, Vice President, Bowmanville Older Adult Association (BOAA) were present regarding the 2020 Operating and Capital Budget. They made a verbal presentation to accompany an electronic presentation. Ms. Darlison advised the Committee that the BOAA had a very successful 2019 but need the financial contribution to sustain their level of services and the facility. She highlighted the BOAA's mission and vision statements and their core values. Ms. Darlison provided an overview of membership by location, age and gender and the amount of volunteers and hours logged. She stated that they have 307 registered volunteers, who logged 23,879 hours. Ms. Darlison provided an update on the programs offered in 2019. She noted that they have participated in many community events, increased community partnerships, and increased advertising and marketing. She explained that the Association’s 2020 strategic priorities include: our people, our activities, our community, our organization, our image. She requested that the Page 25 Special General Government Committee Minutes January 10, 2020 3 Members of Committee support their $312,936.00 budget request so that the BOAA can continue to provide quality services to the members of the community. Ms. Darlison answered questions from the Committee. Resolution # GG-035-20 Moved by Councillor Neal Seconded by Councillor Zwart That the delegation of Angie Darlison, Executive Director, and David Penney, Vice President, Bowmanville Older Adult Association, be received with thanks. Carried 4.3 Veronica Breen, Coordinator, Clarington Youth Centres (John Howard Society), regarding the 2020 Operating and Capital Budget Veronica Breen, Coordinator, and Patti Harrington, Finance Manager, Clarington Youth Centres (John Howard Society), was present regarding the 2020 Operating and Capital Budget. She made a verbal presentation to accompany an electronic presentation. Ms. Breen advised the Committee that 2019 was a record year for Clarington Youth Centres and highlighted various memorable events of 2019. She advised the Committee that, after the successful six month pilot phases at the two new centres, The Loft in Courtice and NYC in Newcastle, the funding was provided to move into a more permanent program model to meet the Clarington Community’s ongoing need for youth friendly programming and spaces for youth to connect and feel accepted. She noted that the ongoing operation and expansion of the Clarington Youth Centres would not be possible without their valued supporters, donors, and sponsors. Ms. Breen highlighted some of the supporters that contributed to the success of their events over this past year. She reviewed a slideshow of photos of various events and partnerships. Ms. Breen provided an overview of all three Clarington Youth Centres including, the number of visits, number of clients, age breakdown and average visits per day. She explained that the values of the Clarington Youth Centres and the importance of the Clarington Youth Centres provide youth with more opportunities to learn, develop, connect with their community, and empower youth to get involved. Ms. Breen reviewed their 2020 municipal budget request of $331,226.00 and provided an overview of the budget request between the three Youth Centres. She explained that the budget request increase for the Firehouse Youth Centre is to increase operating hours, solidify the staffing model and to meet the need of the local youth. She concluded by thanking members of Committee and offered to answer any questions. Councillor Neal left the meeting at 10:17 am. Page 26 Special General Government Committee Minutes January 10, 2020 4 Resolution # GG-036-20 Moved by Councillor Hooper Seconded by Councillor Jones That the delegation of Veronica Breen, Coordinator, and Patti Harrington, Finance Manager, Clarington Youth Centres (John Howard Society), be received with thanks. Carried 4.4 Dionne Powlenzuk, Executive Director, Visual Arts Centre of Clarington, Regarding the 2020 Operating and Capital Budget Dionne Powlenzuk, Executive Director, Mary-Anne Slemon, President, and Joel Yelle, Visual Arts Centre of Clarington (VAC) were present regarding the 2020 Operating and Capital Budget. They made a verbal presentation to accompany an electronic presentation. Ms. Powlenzuk advised the Committee that the VAC is requesting $219,366.00 from the Municipality of Clarington, and noted that this is an increase of 2% from the 2019 request, and consisten t with previous years' requests. Ms. Powlenzuk explained that, in 2019, they changed the scheduling around each exhibition, to provide a better experience for their visitors, the community and the artists who show in their space. She provided the Committee with an overview of the VAC’s accomplishments, community events, and partnerships in 2019. Ms. Powlenzuk highlighted the upcoming exhibits scheduled for 2020. She advised the Committee that the VAC has been recognized by the Ontario Arts Council (OAC) and received two grants from the Young Canada Works - Building Careers in Heritage program, allowing them to hire two recently graduated students to work for six months as paid interns and the VAC benefited significantly from this program. Ms. Powlenzuk explained that, as the community in Clarington grows, the organization continues to benefit from this growth and they are seeing an increase in membership and enrollment, and more requests for programs, workshops and events. Councillor Neal joined the meeting at 10:24 am. Page 27 Special General Government Committee Minutes January 10, 2020 5 Suspend the Rules Resolution # GG-037-20 Moved by Councillor Traill Seconded by Councillor Neal That the Rules of Procedure be suspended to allow the delegation of Dionne Powlenzuk, Executive Director, Mary-Anne Slemon, President, and Joel Yelle, Visual Arts Centre of Clarington (VAC), to be extended for an additional two minutes. Carried She noted that the VAC is dedicated to providing high quality programs and opportunities for our membership and to the community. Ms. Powlenzuk concluded by reviewing their 2020 municipal budget request. She thanked the Committee and answered questions from the Committee. Resolution # GG-038-20 Moved by Councillor Traill Seconded by Councillor Anderson That the delegation of Dionne Powlenzuk, Executive Director, Mary-Anne Slemon, President, and John Clausen, Treasurer, Visual Arts Centre of Clarington (VAC), be received with thanks. Carried 4.5 Deb Kalogris, Manager, Home Support – Clarington, Community Care Durham, and James Meloche, Executive Director, Community Care Durham Regarding the 2020 Operating and Capital Budget Deb Kalogris, Manager, Home Support – Clarington, Community Care Durham, and James Meloche, Executive Director, Community Care Durham (CCD) were present regarding the 2020 Operating and Capital Budget. They made a verbal presentation to accompany an electronic presentation. Mr. Meloche explained that CCD is a registered charitable organization and has been in Durham Region and in Clarington serving the community for over 40 years. He provided an overview of the services they provide. Ms. Kalogris stated that, in 2017-2018, 1,900 volunteers and 300 staff provided services to 11,261 clients across Durham Region. She noted that in Clarington 475 volunteers and staff provided services to over 1900 clients. Ms. Kalogris advised the Committee that their services will continue to be in demand as the population ages. She explained that volunteers are an essential part of CCD, and displayed pictures of various events/services they provide support to. Ms. Kalogris stated that, with the support of the Municipality of Clarington, it will assist in the promotion of CCD services, recruiting, training and retaining volunteers, and help to meet the growing demand in Clarington for their services and help people age at home. Councillor Traill left the meeting at 11:05 am. Page 28 Special General Government Committee Minutes January 10, 2020 6 Suspend the Rules Resolution # GG-039-20 Moved by Councillor Traill Seconded by Councillor Neal That the delegation of Deb Kalogris, Manager, Home Support – Clarington, Community Care Durham, and James Meloche, Executive Director, Client Services, Community Care Durham (CCD), be extended for an additional two minutes. Carried Ms. Kalogris concluded by thanking members of Committee and offered to answer any questions. Resolution # GG-040-20 Moved by Councillor Hooper Seconded by Councillor Jones That the delegation of Deb Kalogris, Manager, Home Support – Clarington, Community Care Durham, and Sally Barrie, Director, Client Services, Community Care Durham (CCD), be received with thanks. Carried 5. 2020 Budget - External Agency Submissions Resolution # GG-041-20 Moved by Councillor Neal Seconded by Councillor Anderson That the 2020 Budget - External Agency Submissions, be referred to the 2020 Budget deliberations on February 24, 2020. Carried Page 29 Special General Government Committee Minutes January 10, 2020 7 6. Adjournment Resolution # GG-042-20 Moved by Councillor Zwart Seconded by Councillor Jones That the meeting adjourn at 11:10 AM. Carried ________________________________ ________________________________ Mayor Deputy Clerk Page 30 Historic Downtown Bowmanville Business Centre (BIA) Board of Management Meeting Minutes Tuesday November 12, 2019; 6:30pm Clarington Meeting Room 1-C Present: Edgar Lucas, Chair Laura Holmes, Secretary Gerri Lucas, Treasurer Justin Barry Ron Hooper (6:30-6:55pm only) Morgan James Absent: Carrie Hooper Cathy Holmes Delegations Present: Jamie Nowe, Digital Services Squad Member for Digital Main Street Program The meeting was called to order by the Chair. 1. Presentation by Delegations Jamie Nowe – Digital Main Street Program Jamie is employed with the grant money received from the OBIAA on behalf of the Bowmanville BIA (and other area BIAs) by Teresa Shaver the Executive Director of the Business Advisory Centre of Durham. His employment with Ms. Shaver and the Digital Main Street (DMS) program extends until March 31, 2020. Jamie is also employed with webmarketingpro in Ajax. Jamie is responsible for the DMS program in the following BIAs: Ajax, Pickering Village, Port Perry, Orono, Newcastle, Bowmanville and Oshawa. There is another employee responsible for Whitby and possibly other areas but Jamie did not know which ones. Jamie provided a recap on how the program works. Businesses sign up with DMS. A digital assessment is then completed. There are 8 hours of required online training videos that involve short multiple choice quizzes. There is no limit on the number of times quizzes can be attempted. Businesses then complete the grant proposal to apply for the $2500. Jamie is available to assist throughout the process. If a business does not want to apply for the grant, they can still access the training videos and request digital assistance from Jamie. Jamie provided a list of 41 businesses that he had made contact with. Only 2 businesses had applied and been awarded the grant. His last contact blitz was in July 2019. Of the 41, 5 were not Bowmanville BIA members and should not have been provided services. A further 2 have since left the BIA and 1 has changed ownership. With the significant turnover of businesses in the Bowmanville BIA another blitz is necessary. Jamie’s experience during the July blitz was that most business owners were not present when he visited and instead he had to leave information with an employee. He received almost no follow-up from owners, but admittedly did not make a second attempt to connect with those businesses. He also heard from business owners that they were too busy to watch the required Page 31 Historic Downtown Bowmanville 2 November 2019 Business Centre (BIA) training videos and complete the application. There were others who felt the grant application was daunting. The application deadline for businesses to apply for the $2500 grant is December 31, 2019. As of the end of summer, only approximately 30% of the grant monies had been awarded. Grant processing time was approximately 2-3 weeks from submission, but this time is expected to increase as the deadline approaches. Grants administered by the OBIAA cease on December 31, 2019, but the educational aspects such as the training materials and videos continue to be available until the end of March 2020. Jamie will also be available to assist businesses until the end of March 2020. He also took this opportunity to encourage businesses to reach out to the Business Advisory Centre of Durham, as resources to assist business owners are available. Jamie played a short video about the DMS program. Jamie was provided with an updated Bowmanville BIA member list and asked to please make contact with all listed businesses. Jamie was also asked to provide information that the BIA could send via email to all members about the program. Departure of Councillor Hooper. 2. Adoption of Minutes Moved by G. Lucas, seconded by M. James THAT the minutes of the meeting of October 8, 2019 be approved as circulated. CARRIED 3. Business Arising from Previous Minutes (a) Winter Street Banners Review of design proofs and quotes from Flags Unlimited and James Printing. Moved by J. Barry, seconded by G. Lucas THAT a design revision be requested from James Printing. CARRIED (b) Installation of Winter Decorations for Street Lamp Posts Quote presented from James Printing and Signs for installation of new permanent brackets and decorations. Moved by L. Holmes, seconded by J. Barry Page 32 Historic Downtown Bowmanville 3 November 2019 Business Centre (BIA) THAT the quote be accepted and James Printing proceed with installation. CARRIED (c) Towing from Service Ontario Parking Lot No feedback about towing was received following Applefest. This is attributed to large warning signage at the Service Ontario parking lot entrance placed by the BIA, the additional event parking provided at 45 Raines Avenue, social media and website campaigns advertising free event parking, and community word of mouth/social media warnings. Bob’s Towing also placed a warning on its social media about risk of towing if parking in private lots that his business is under contract with. (d) Digital Main Street Program The program administered by the OBIAA is nearing its end. Moved by J. Barry, seconded by M. James THAT feedback on the program be provided to the OBIAA. CARRIED 4. Correspondence Correspondence was received from i. June Gallagher, Deputy Clerk Municipality of Clarington, regarding council resolution #GG-454-19 ii. June Gallagher, Deputy Clerk Municipality of Clarington, regarding council resolution #GG-470-19 iii. Trevor Pinn, Deputy Treasurer Municipality of Clarington, regarding request for preliminary 2020 budget submission iv. Lindsay Dickson, Municipal Law Enforcement Clerk Municipality of Clarington, regarding follow-up to 82 King St W complaint (via email) v. Tracey Pettigrew, owner of Romancing The Home, regarding her concerns about the Ladies Night Out scheduled at Garnet B. Rickard for November 8 (via email) Moved by M. James, seconded by G. Lucas THAT the correspondence items 4. ii, 4.iv., and 4.v. be received for information. THAT a letter of response be issued on items 4.i. and 4.iii. CARRIED 5. Treasurer’s Report The Treasurer presented the following: i. Financial spreadsheet provided ii. $81 469 in current account with many invoices outstanding Page 33 Historic Downtown Bowmanville 4 November 2019 Business Centre (BIA) iii. Edward Jones Investments are closed Moved by L. Holmes, seconded by J. Barry THAT the Treasurer’s Report be adopted as presented. CARRIED 6. Directors’ Reports (a) Council Liaison – R. Hooper: (Prior to departure) Reported that the next meeting about the Bowmanville East Development will take place in the new year. (b) Events – C. Holmes: No report. (c) Membership Relations – J. Barry: Reported that The Bees Knees changed ownership, Petit Nordique is expanding into a second location, Soper Creek Yarn has moved, Little Buck and Endivine Grill have not announced opening dates, renovation work continues at the former Shooters Billiards location. (d) Streetscape – G. Lucas: Reported that Van Belle Flowers delivered the winter hanging baskets today. Rekkers Garden will deliver winter planters. Remembrance day and summer street banners will be removed. (e) Communications – M. James: Reported no issues. Main communications have been related to Girls Night Out participation. (f) Website – L. Holmes: Reported that the Instagram page now has over 1000 followers. Updates have been made to the website event pages for Girls Night Out and Moonlight Magic. Nerivon hours of work included in our 2019 hosting plan have been met/exceeded. Any additional work that Nerivon is asked to perform in 2019 will result in extra fees. Information about website upgrades will be provided in new business. (g) Media Relations – C. Hooper: No Report. Page 34 Historic Downtown Bowmanville 5 November 2019 Business Centre (BIA) 7. New Business (a) Nerivon – Website Upgrades A series of quotes provided by Nerivon were presented. The BIA website is running on an outdated platform and each time the server updates the BIA website is disabled and knocked offline which requires a re-set by Nerivon. At minimum, the BIA website needs upgraded to the new platform to avoid these issues. It may also be advisable to update the look and features of the BIA website at the same time. Redesign will require a commitment from the board to guide the changes and new directions and the contributions of time will be significant. Further discussion is deferred until 2020. (b) Business Map A suggestion for a business map of downtown Bowmanville was seen on social media. A map would be helpful for visitors and new residents. With the seemingly rapid turnover of businesses, concerns were raised that maps would quickly become outdated and updates to maps would be a significant time commitment for the individual responsible. An option may be to place a permanent structure at a location in the downtown that allows for secure access. A printed map could then be swapped as necessary. With a website upgrade, it may be possible to have a digital map of downtown linked back to a business directory on the BIA website. Updates to a digital map would still be onerous but in contrast to a printed map it would not be obsolete when a business changes. Development of an app is also a possibility. Further discussion is deferred until 2020. (c) Joint Meeting with Newcastle and Orono BIAs The BIAs of Newcastle and Orono have proposed a joint meeting of BIAs and request potential dates of availability, preferably before the end of 2019. Moved by M. James, seconded by L. Holmes THAT the Executive Board is willing to participate in a joint meeting and potential dates will be determined and shared with Newcastle and Orono representatives. CARRIED 8. Date of Next Meeting The next meeting of the Board of Management is scheduled to be held on Tuesday January 14, 2020 commencing at 6:30pm in Clarington Meeting Room 1-C. Page 35 Historic Downtown Bowmanville 6 November 2019 Business Centre (BIA) 9. Adjournment Moved by G. Lucas, seconded by L. Holmes THAT the meeting adjourn. CARRIED The meeting adjourned at 8:41pm. Page 36 Tyrone Community Centre Minutes Wednesday November 20th, 2019 Meeting 7:00 – 9:00 Attendance: Larry Quinney, Lyndsay Luckhardt, Dave Taylor, Joy Vaneyk, Danielle Carroll, Marlene Raby, Craig Raby, Alivina Hare, Greg Carroll, Paul Rowan, Janet Bell, Marlene Craig, Steve Hutchinson, Kyle Young, Cecile Bowers, Dianne Woodley, Justin Vachon Regrets: Corrine VandeGrootheveen, Corinna Traill, Dani McCarthy Welcome Approval of agenda – approved by Dave, seconded by Cecile Approval of minutes from October – motioned by Joy to approve minutes, seconded by Marlene Committee Reports • Chair – Danielle – new furnace is ready to be installed. Hall will be converted over to propane. Girl’s night out was a success and well attended. All that participated seemed to have fun. 24 vendors were here. All the maintenance work orders have been submitted. The message board has arrived. Just pending confirmation from Municipality on who is installing, us or them. Water fountain has also arrived and pending a plumber to install. • Vice Chair – Joy – will cover more during New and Old business • Treasurer – Steve – provided the hall financials. Our current balance is $19008.34. Discussion was had in regards to transferring money into our savings account to earn interest. Steve made a motion to place $15,000 into the savings account, seconded by Kyle. All in favor. Carried. Motioned made by Alvina to allow Joy and Dianne to set up a benevolent bank account and be signing authorities. Seconded by Cecile. All in favor. Carried. Board will be provided account summaries during meetings. This goes back to discussion had in February when t-shirts were first brought to the board in the hopes to raise monies for a benevolent fund. Steve has agreed to stay on until Febr uary, will help train anyone coming into the position. • Rental Coordinator – Marlene – 1 event in November, all other rentals were community events. There is a work shop being held on Nov 30th from 11-3. December is a little busier. Tractor parade is Dec 4th, Kids movie night/dance on Dec 6th, 30+ dance on Dec 7th. Youth dance on Dec 13th, Breakfast with Santa Dec 14th. No back to back rentals that require help cleaning. • Maintenance – Larry – will be looking into propane costs and negotiating for price. It was mentioned that work requests will need to be submitted until ladders can be brought back as we do not have enough to hold ladder training sessions. • Grounds and Building Up Keep – Kyle – received an email that lights have been fixed. Someone was in to look at rodent problems. Not sure what fixes were done. Will look into what exactly was completed and done. The snow shield has not been completed as of yet. Danielle will place another work order for that. Will put the “C” back on the building. The glass on the fire extinguisher was replaced. Page 37 • 30+ Dance – Dave – 157 attended the last dance. Last December the attendance was low so not thinking this years will be any higher. Joy mentioned that a girl from the Ladies Night is willing to come and decorate for the dance. • Shirts – Dianne – mentioned above in Treasurer report about bank account. Another order will be going in soon. New Business • Proposal to make the cleaning a 2.5 hour job each cleaning time that way it will be easier to bill. Some days might only take 1 hour and some a little longer. But it should all work out in the end. Discussion was had, agreement was made that a set rate for cleaning after events would be put in place. Motion made by Steve for flat rate for after event cleaning. Seconded by Craig. All in favor. • Other events in the works or of interest – Kyle mentioned maybe having a Yuk Yuk night. Also possibly having a Family event on Family Day weekend. More information and discussion will be had. • Janet Bell Saving Money for products and supplies. – gave a little history to her background and the company that she works for. Provided some feed back on some money saving areas for cleaning and janitorial supplies like toilet paper and paper towels. Suggested and spoke about Sysco and the products that could be purchased from them. • Municipality Updates and Insurance – Danielle – All rentals need to provide special event insurance or obtain it through the Municapality. This brought up lots of discussion around the table. Joy is looking into this more and will communicate with Corrina. Old Business • Message Board – handled in Danielle’s report above. • Water Fountain – handled in Danielle’s report above. • Flyers to be handed out for all events. Please post anywhere let’s get people out to our little village and get some more interest in what we do! • Breakfast with Santa – What is the plan? Shopping Joy will cover this, activities (Danielle), set up 5-6:30pm on Friday (5 people Paul, Marlene R, Danielle, Greg, Craig, cooking (5 people) Alvina, Marlene R, Greg, Gord, clean up (6 people) Joy, Marlene, Greg, Craig, Face Painting – Cecile, Laurie • Girls Night Out – How did it go? – Mentioned in above report by Danielle • Board Dinner – What and Where – discussion was had and it was decided that they would see about booking an Italian caterer that was here for a wedding. Danielle will contact them and book. • Ice Rink – updates – Danielle will contact Corrina to see where this is Page 38 • Snow plowing – discussion was had and all quotes were presented at board table. It was decided that we would use quote #1. Joy will contact them to let them know. • Decorate for Christmas - All • Other – All Adjournment motion made at 9:25 by Dave and seconded by Larry. NEXT MEETING Wednesday January 15th, 2020 7:00 pm Page 39 STOP TRYING TO SOLVE TRAFFIC AND START BUILDING GREAT PLACES Many studies are proving that congestion can be stopped by REMOVING CAR LANES, RESTRICTING VEHICLES, IMPROVING TRANSIT, NOT EXTENDING ROADS OR NOT ADDING LANES. These are the only ways how to reduce or eliminate congestion. December 5, 2019 by Fanny Tremblay-Racicot 1. COSTS: The environmental, social and economic costs associated with traffic congestion are real and affect the health, quality of life and wallet of all taxpayers and citizens on a daily basis. The consequences of road congestion are generally measured in terms of additional travel time, and with the associated costs of vehicle use, such as fuel, depreciation and maintenance. 2. INCREASE IN GREENHOUSE GAS EMISSIONS Road congestion also increases the air pollution produced by the combustion of fossil fuels, leading to an increase in respiratory problems, premature deaths and several types of cancer, especially for neighboring populations, which are often disadvantaged. Gasoline and diesel vehicles also emit carbon dioxide, a powerful greenhouse gas responsible for global warming. In Canada, the entire transportation sector is the second largest source of greenhouse gases emissions , accounting for 28 percent of total emissions. Although greenhouse gas emissions from road congestion are not systematically inventoried, they are often used to justify new road projects. But why does congestion persist, despite government interventions to reduce it? 3.BUILD IT AND THEY WILL COME MYTH The government response to congestion problems has generally been to build new roads or widen existing ones. However, this measure is ineffective because increasing capacity only increases vehicle use. 4. ADDING ROADS DOES NOT IMPROVE THE ECONOMY Although road infrastructure creates employment during its construction, most studies have not found a link between increased road capacity and economic activity. Indeed, it is rather a displacement of economic activity across the same metropolitan region that is observed. 5. INCRESING PUBLIC TRANSIT IS NOT ENOUGH TO REDUCE CONGESTION In fact, if the objective is to reduce car traffic, the only effective method on the supply management Page 40 side is reduction in road capacity, because the law of road congestion also works in the opposite direction: what we refer to as "reduced demand." In addition to reducing travel demand, lane removal and traffic restriction also have measurable and documented social, environmental and economic benefits. 6. ECOFISCAL MEASURES First, the imposition of eco-tax measures, such as the gas tax and the parking tax, can help reduce vehicle use. Eco-taxation also encourages motorists to use public and active modes of transport, provided that these choices are available to them. Teleworking, flexible working hours, parking management and so-called smart growth policies also reduce travel distances and the need or willingness to travel by car. These measures have positive consequences on public health, urban quality of life, land values, local consumption, etc. The most effective planning choices are not always the most popular. To get them accepted, decision- makers must act at the right time, use technical expertise, conduct pilot projects, find allies, compensate for inconveniences and work with the various levels of government. https://m.techxplore.com/news/2019-12-car-lanes-restrict-vehicles- transit.html?fbclid=IwAR2_Jw0Gehotw-ifOj-41X4qyZzew1nipcX6uoa6MTV2M7s-aEadh3lk9Aw IT IS UP TO OUR COUNCIL TO START A NEW WAY OF PLANNING. OUR WORKS DEPARTMENT ALREADY HELPED US WITH THE HWY 418 FLOODING AND I BELIEVE THAT THEY WOULD HAPPILY ACCEPT NEW WAYS OF HOW TO PLAN OUR COMMUNITY'S FUTURE. http://plannersweb.com/2013/09/wide-neighborhood-street-part-2/ https://theovercast.ca/urban-form-why -narrow-streets-make-better-places/ STOP TRYING TO SOLVE TRAFFIC AND START BUILDING GREAT PLACES by Lara Fishbane, Joseph W. Kane, and Adie TomerWednesday, March 20, 2019 Our congested commutes are the result of decisions that stretch back decades, to when Americans began to build their communities around cars. These decisions create unsafe and ecological destructive communities. The irony of the LOS system is that it hasn’t solved congestion at all. In fact, it’s just the opposite: LOS keeps making traffic worse. Wide or new roads encourage high speeds, making corridors unsafe, and simply unpleasant, environment for pedestrians and bike riders while reducing overall quality of place. Using actual and synthetic measures of travel activity, we can better understand how decades of roadway growth influenced people’s travel demands today. Page 41 https://www.brookings.edu/blog/the-avenue/2019/03/20/stop-trying-to-solve-traffic-and-start- building-great-places/ WIDER, STRAIGHTER, FASTER ROADS AREN’T ALWAYS SAFER by PIPPA BRASHEAR, OCT 25, 2011 Wider, faster, treeless roads not only ruin our public places, they kill people. Taking highway standards and applying them to urban and suburban streets, and even county roads, costs us thousands of lives every year. We have solid evidence of what works and what doesn’t. https://www.pps.org/article/wider-straighter-faster-roads-arent-always-safer WHY ROAD-WIDENING DOESN'T WORK… And What Does by Feb 14, 2017 | Urban design A 1998 study of 60 cases worldwide showed that when a road is closed or its capacity reduced an average of 20% of traffic disappears. The study found instances where 60% of the traffic disappeared. No longer can road widening be justified as a congestion-easing tool. http://plazaperspective.com/road-widening/ Page 42 PRACTICAL APPLICATION OF NEW PLANNING TO HANCOCK NEIGHBOURHOOD After recent flooding in Courtice, we respectfully requesting our Council to pass the bylaw that would protect people’s lives: Current and previous development should be reviewed to assess the sustainability of the area and safety of residents. The extensions and widening of future or existing roads should not be considered. These would only add to more impermeable surfaces that would cause even more flooding. In order to pass this bylaw, with more precipitation as a result of climate change, these items must be considered: 1.Sensitivity of Courtice’s aquifer that is underlain by clay that holds the water and groundwater flow coming from NE to SW 2.The areas stripped of vegetation must be replanted at suitable areas as much as possible within the subdivision 3.Limit grading and protect the remains wooded, thickets, meadow areas that hold the water in place, not allowing subdivisions to become flooded. 4.Limit ditching and diversion of water to SWM 5.Install sufficient culvert and maintain flows to allow wildlife to cross the roads by creating eco-passages (speed bumps - ex.-Athol St., Oshawa) 6.Create bank on the south side of tributary that is crossing Hancock Rd. within the Trolleybus land to avoid flooding of properties not owned by this developer (south, Tabb, etc.); divert the tributary to south land owned by the Trolleybus crossing Nash Rd., so that it could enter the Black Creek. 7.Do not extend or widen roads 8.Use ‘trenchless technology’ for culverts, sewer/water pipes. 'Trenchless technology' (not culverts or huge pipes) making construction easy on everyone, as per the Region, this should be applied, especially in Courtice as well: Last year, a tunnel boring machine was used at Baseline Road and Courtice Road in the Municipality of Clarington to dig an 817 metre long tunnel for sanitary sewer services to planned development areas. The project was completed in partnership with Ward & Burke Construction Ltd. This type of trenchless technology involves underground construction work that requires fewer trenches or no continuous trenches and is being used by the Region to install utilities such as water… Clarington Council passed an interim control bylaw to undertake a review of the existing older neighbourhood, in order to identify elements of neighbourhood character and to develop regulations and implementation tools to preserve the existing neighbourhood character. The study area covers three neighbours in central Bowmanville; around Scugog/Third streets; Wellington/Concession streets and Queen/Ontario/Duke streets. Courtice should not be treated different than Bowmanville. Its sensitivity is found nowhere else. Special bylaw is needed here. 1 Page 43 I hope that our Works Department is aware now of open Hwy 418 and danger to travellers on Hancock Rd., south of Nash,where the bridge over Black Creek is damaged. All developers of Hancock, Trolleybus, Headgate and Courtice Heights should contribute to repair of this Road and bridge since the residents from their subdivision will use this Road. Public funds should not be used.   2 Page 44 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 Date of Meeting: January 27, 2020 Report Number: CSD-002-20 Submitted By: George Acorn, Acting Director of Community Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: By-law Number: Report Subject: Public Access Defibrillator Program – Lakeridge Health Agreement Renewal Recommendations: 1. That Report CSD-002-20 be received; 2. That Council authorize the Mayor and Clerk to sign the Agreement provided by the Central East Prehospital Care Program (CEPCP), on behalf of Lakeridge Health; and 3. That Central East Prehospital Care Program be advised of action taken. Page 45 Municipality of Clarington Page 2 Report CSD-002-20 1. Background 1.1 The Municipality has been involved with the Cardiac Safe Community Public Access Defibrillator Program, coordinated by the Central East Prehospital Care Program (CEPCP) since 2005. The program began with the installation of our first automatic external defibrillator (AED) unit at Courtice Community Complex that year. 1.2 In November 2012 Council approved the expansion of the defibrillator program to be offered to all hall boards and other non-municipally operated buildings. Funding for the additional AED units and program support was added to the operating budget in 2013 and has been administered by the Operations Department. 1.3 There are 28 AED units identified in the current agreement. An additional unit was added at the Beech Centre part way through the term of this agreement . There are now 29 AED units under the new agreement. 1.4 The current agreement is scheduled to expire on March 31, 2020. 2. Proposal 2.1 By continuing to work with CEPCP under this agreement it is ensured that the Municipality and the Public Access Defibrillator (PAD) responders are working under the oversight of the CEPCP of Lakeridge Health when providing defibrillation to a victim of sudden cardiac arrest. 2.2 The agreement includes medical oversight, annual certification training, biomedical servicing of all AED units, and ongoing staff support of the program. 2.3 The agreement (Attachment 1) includes all AED locations. The Operations Department will continue to administer the AED units located in board operated community halls and buildings. The Community Services Department will continue to administer the AED units located in municipally operated indoor recreation facilities. 2.4 The term of this agreement is for three years, effective April 1, 2020 and expiring on March 31, 2023. Report Overview This report recommends approval of the renewal agreement with Central East Prehospital Care Program for the Public Access Defibrillator program in municipal facilities and buildings. Page 46 Municipality of Clarington Page 3 Report CSD-002-20 3. Financial Considerations 3.1 The Program Fees listed in the attached agreement are consistent with the previous agreement with no increase in fees. The required funds for the applicable fees have been budgeted for in the appropriate department’s operating budgets. 4. Concurrence 4.1 This report has been reviewed by the Acting Director of Operations who concurs with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that Council approve the renewal of this agreement and the Municipality continues to partner with CEPCP for the provision of medically appropriate care for our citizens and our visitors. Staff Contact: George Acorn, Acting Director of Community Services, 905-623-3379 ext. 2502 or gacorn@clarington.net. Attachments: Attachment 1 – Semi Automatic External Defibrillation Agreement The following interested parties will be notified of Council's decision: Sarah Vanderzee, Manager Office Operations, Central East Prehospital Care Program Page 47 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 1 of 253 Semi Automatic External Defibrillation Agreement For the Cardiac Safe Community Public Access Defibrillation Program for Durham Region BETWEEN Lakeridge Health (“The Hospital”) and The Municipality of Clarington Agreement Page 48 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 2 of 253 Principle Statement This agreement between the above parties will ensure that the The Municipality of Clarington and Public Access Defibrillation (PAD) responders are working under the oversight of the Central East Prehospital Care Program (CEPCP) of Lakeridge Health when providing semi automated external defibrillation (SAED) to a victim of sudden cardiac arrest (SCA). It also provides for the provision of medically current training services in SAED & CPR to those PAD Responders by and under the direction of the CEPCP Medical Advisory Board Physicians. These conjoint efforts are focused on the provision of medically appropriate care for the citizens in our community. THEREFORE in consideration of the mutual covenants contained herein and subject to the terms and conditions hereinafter set forth the parties hereto agree to participate in the Central East Prehospital Care Program Cardiac Safe Community PAD Program in accordance with the terms outlined in the Agreement. I. Program Components and Recommendations (a) The following items will be components of program maintenance: Provision of medical oversight by the Central East Prehospital Care Program (CEPCP) for the Cardiac Safe Community Program for Durham Region. Provision of initial certification training and evaluation for SAED for PAD responders. Provision of recertification evaluation for SAED. Provision of C.P.R. recertification evaluation and training of the PAD responder employees as required. Development and provision of in-house reviews of SAED. Provision of Biomedical Engineering by the Lakeridge Health Biomedical Engineering Program, once per year or after each use, to ensure that the SAEDs are maintained according to the manufacturer's standards, including biomedical direction for the replacement of batteries and pads when mandated by the manufacturer or the Biomedical Department. Method design for the collection of patient care outcome data by the CEPCP to provide the basis for ongoing patient care quality assurance programs. A Site Coordinator’s Meeting will be organized by CEPCP on an annual basis to review the program’s goals, outcomes, and patient care protocols. Additional meetings between The Municipality of Clarington and the CEPCP will be held at the request of either party. Availability of the CEPCP staff and physician to consult on and review issues and procedures as required. Dedication of a designated CEPCP PAD Coordinator as a prime contact for the PAD site. Page 49 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 3 of 253 CEPCP medical and logistical support for the development of Conjoint Public Access Defibrillation Programs in our Community. The CEPCP will provide instructors (Paramedics and Firefighters) to deliver SAED training, using the principles of Adult Learning. The scope of this training will include, but is not limited to the content of the Canadian Heart and Stroke Foundations CPR & SAED recommendations. All curriculum content and instructor training and qualifications will be approved by the Central East Prehospital Care Program Medical Advisory Board Physicians. To identify placement of such SAED throughout the site to ensure time to defibrillation can be achieved in 3-5 minutes or less from time of recognition of cardiac arrest; (b) The following items are recommendations of program maintenance: To recommend the SAED be placed in an Emergency Response Case that will audibly and visually (flashing red light) alert staff that the emergency response case door has been opened. When the SAED is removed from the Emergency Response Case, a call is automatically made to the alarm company who in turn will notify 911 to activate emergency services (Fire Service and Emergency Medical Service). To establish an action plan in the case of an emergency and AED use. To maintain quality assurance by establishing a collaborative environment between the rescuers, CEPCP, Fire Service, and Emergency Medical Services (EMS) Paramedics through training, feed-back, group sharing of knowledge and learning from experience, and to establish a follow-up support system for rescuers post-SAED use (ie. critical incident stress intervention). II. Agreement Criteria for PAD Program It is clearly understood and agreed to by both parties that medical consultation to the PAD Responder for the purpose of SAED is provided under the following conditions: A. Consultation with respect to the Cardiac Safe Community PAD program is provided under the auspices of the CEPCP Medical Advisory Board Physicians. B. Consultation is available when the PAD responder is acting in the best interest of a SCA victim. This may include the utilization of a SAED in another PAD site. Anyone who has been taught PAD under our program can assist citizen responders in the use of a PAD response. The audio and text prompts from the SAED must be followed exactly. C. Non-trained responders who use the SAED in good faith and voluntarily are protected from liability by the Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N (Appendix B) and the Good Samaritan Act, 2001 S.O. 2001, CHAPTER 2 (Appendix C). III. Training Development Academic Goals and Standards A. All training materials and lesson plans in the initial and on-going program development process will be scrutinized by qualified adult educators. “Qualified Adult Educators” for the purpose of this agreement are prehospital care professionals with Page 50 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 4 of 253 practice qualifications of at least the Advanced Care Paramedic Level and with formal certification in adult education from a recognized community college or university. B. All learning objectives and learning outcomes for this program will be approved by a physician who is qualified as a specialist in Emergency Medicine and has experience providing medical direction in the field of out-of-hospital Emergency Care. IV. Agreement Term This Agreement is for a term of three years, effective April 1, 2020, and expiring on March 31st, 2023, or as terminated pursuant to Section VII: Dispute Resolution. V. Program Fees and Services Provided A. Fees: 1. Initial Site setup, including site assessment, signage, initial Biomed visit and PAD awareness session is a one time fee of $600.00. 2. Annual training and certification of providers is at a fee of $750.00 for a class size between 7 – 12 participants. Class duration will be 6 ½ – 7 hours which includes all breaks. Classes must be cancelled no less than 2 business days prior to the scheduled session, otherwise the usual charge applies. 3. Program Support is an annual fee of $1,000.00 for the initial unit at a site. Additional units at the same location require an annual fee of $450.00 per unit. HST is not included in the above fees. Program fees will be subject to review and increase on renewal of this contract. For PAD Responders requiring remedial continuing education from the CEPCP PAD Coordinator or the CEPCP Physician over and above the instruction detailed the CEPCP and the RMDSS will negotiate a fee for that service at that time. B. Invoicing: Training costs will be invoiced on a per course basis. Program and Biomedical Engineering support costs will be invoiced quarterly starting in April of each year. The number of sites to be billed is determined by the site list contained in Appendix A. Sites that become active during the year will be billed when they become a live site. The initial setup fee will apply in full and the support fees will be calculated on a prorated basis, based on the number of whole months the site will be active in that calendar year. C. Services: 1. Emergency Action Plan Development: - site assessment to determine the number of SAED’s required - direct best placement for access to SAED - medical emergency response plan implementation (site specific) Page 51 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 5 of 253 2. CPR Education Review (Canadian Heart & Stroke Foundation Guidelines): - placing 911 call (role of police, fire, and ambulance) - risk factors of heart disease - recognition of heart attack - choking emergencies - patient assessment - one and two person adult CPR 3. Defibrillation Training: - SAED shock & nonshockable protocols - scenarios (based on Emergency Action Plan) - trouble shooting - SAED weekly, monthly, and after use checks - communication/documentation 4. PAD awareness session for Non-targeted Responders - concept of rapid defibrillation/medical direction of defibrillation - medical legal liabilities and issues - questions and concerns 5. Physician/Physician Review and Oversight of: - program design - operational critique for every event 6. Newsletter for Targeted Responder (continuing educational topics for medical emergencies) 7. Quality Assurance and Risk Management: - identify and provide ongoing training for site coordinators - daily, monthly, and after use checks - Emergency Action Plan Audit - Begin development of local on-site coordinators to enhance initial certification process for new employees 8. Six month reviews (site visits) to: - Ensure weekly and monthly checks are being completed - Ensure adequate signage is placed to direct persons to the AED - continue development of local on-site coordinators 9. Office Administration: - maintenance of certification records - updates of protocol changes - clinical co-ordinator dedicated to Targeted Responder Program - Program representative on call 24/7 to respond to any issues/concerns or post- SCA events 10.Critical Incident Stress management services. - demobilization education is provided for the Site Co-ordinator and staff that will be called in to talk with PAD responders following a SCA - when Targeted Responder personnel are involved in an event, the Cardiac Safe Community Program will ensure incident debriefings are facilitated Page 52 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 6 of 253 - the Cardiac Safe Community Program is affiliated with and supports the Durham Region Critical Incident Stress Management Team Services 11.Biomedical Engineering Support and Operational Risk Management - check SAED once a year - change SAED battery as required - change SAED pads as required - ensure SAED meets operational needs - certification of machine safety and operation VI. Mutual Indemnification Clause The Hospital agrees to indemnify and save the The Municipality of Clarington harmless from all loss, cost, expense, judgment or damage on account of injury to persons including death or damage to property, in any way caused by the negligence of the hospital, its servants, agents or employees related to or arising out of programs or other matters to which this agreement pertains, together with all legal expenses and costs incurred by the The Municipality of Clarington in defending any legal action pertaining to the above. The The Municipality of Clarington agrees to indemnify and save the Hospital harmless from all loss, cost, expense, judgment or damage on account of injury to persons including death or damage to property, in any way caused by the negligence of the The Municipality of Clarington, its servants, agents, or employees related to or arising out of programs or other matters to which this agreement pertains, together with all legal expenses and costs incurred by the Hospital in defending any legal action pertaining to the above. VII. Dispute Resolution If either party is dissatisfied with the performance of the other party, the dissatisfied party may give written notice of the dissatisfaction to the other party and shall provide the other party with thirty (30) days within which to rectify the matter of dissatisfaction. Where the matter is not corrected to the satisfaction of the party giving notice within the thirty (30) day period, the dissatisfied party may terminate this Agreement by giving the other party ninety (90) days written notice of the party's intention to terminate the Agreement. The ninety (90) day period of notice shall commence five (5) business days after the notice has been mailed to the other party or twenty-four (24) hours following delivery of the notice by hand or by facsimile transmission. Page 53 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 7 of 253 VIII. Review of Agreement The parties mutually agree that this Agreement will be reviewed, prior to the end of its term, by Lakeridge Health and the The Municipality of Clarington. Any such renewal shall be based upon such terms and conditions, including any or all of the provisions of this Agreement, as may be mutually agreed to by the parties. The parties have caused this Agreement to be executed by their authorized representatives. The Municipality of Clarington Print Date Representative Lakeridge Health Print Date Vice Presient Finance and Information Management Page 54 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 8 of 253 Appendix A to Semi Automatic External Defibrillation Agreement between Lakeridge Health and The Municipality of Clarington April 1, 2020 to March 31, 2023 This appendix maintains a complete list of all sites covered under this Agreement and will be updated when sites become active or are deactivated. Date of current Appendix A: November 28, 2019 The Municipality of Clarington Site Locations Address AED Unit / Type AED Serial # BioMed # 120 Liberty Street South,Bowmanville CR+ 43019129 804486 2226 Golf Course Road, Newcastle, ON CR+ 45529861 805094 26 Beech Ave., Bowmanville, L1C 3A2 CR+ 41899916 804390 26 Beech Ave., Bowmanville, L1C 3A2 G3 4397960 803999 26 Beech Ave., Bowmanville, L1C 3A2 CR+ 45800313 805208 40 Temperance Street,Bowmanville,L1C 3A6 CR+ 41899924 804450 132 Church Street,Bowmanville,ON CR+ 41610234 804391 5360 Old Scugog Road, Hampton, ON CR+ 45530053 805093 2320 Taunton Road, Hampton, L0B 1J0 CR+ 41899917 804451 2503 Con Rd. 8, Haydon, ON CR+ 42149184 804445 6742 Regional Rd 18, Kendall CR+ 41899925 804393 20 King Ave West, Newcastle, L1B 1H1 CR+ 41899915 804392 103 Caroline Street West, Newcastle, L1B 1H1 CR+ 41992471 804478 21 Church Street, Newtonville, ON, L0A 1J0 CR+ 42098646 804424 2 Princess Street, Orono, L0B 1M0 CR+ 41992459 804850 3585 Taunton Road,Orono,L0B 1M0 CR+ 41671451 804449 5315 Main Street, Orono, ON L0B 1M0 CR+ 42241140 804474 178 Darlington Clark Townline Road CR+ 41899923 804453 62 Temperance Street, Bowmanville, ON CR+ 41899922 804452 1964 Concession Rd 6, Hampton, ON L0B 1J0 CR+ 41227493 804322 1595 Prestonvale Road, Bowmanville, L1E 2P2 G3 4390766 803995 2716 Concession Road 7,Bowmanville,L1C 3K6 CR+ 42149185 804454 143 Simpson Ave, Bowmanville, ON CR+ 41671450 804430 49 Liberty Street, Bowmanville G3 4378809 804314 2375 Baseline Road, Bowmanville, L1C 3K3 G3 4369478 803997 2950 Courtice Road, Courtice, L1E 2H8 G3 4369864 803996 2276 Taunton Road, Hampton G3 4378809 804314 2440 Hwy # 2 Bowmanville, L1C 1K5 G3 4389100 803998 1780 Rudell Road, Newcastle, G3 4378757 804315 Page 55 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 9 of 253 Appendix B Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N Citation: Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N Information about this text: Consolidation: No Amendments. URL: http://www.canlii.org/on/laws/sta/2007c.10sch.n/20070717/whole. html Version downloaded by CanLII on 2007-07-17 Chase McEachern Act (Heart Defibrillator Civil Liability), 2007 S.O. 2007, CHAPTER 10 Schedule N Definitions 1. In this Act, “defibrillator” means an automated external medical heart monitor and defibrillator that is capable of, (a) recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, (b) determining, without intervention by an operator, whether defibrillation should be performed, (c) automatically charging and requesting delivery of an electrical impulse to an individual’s heart as medically required, and (d) satisfying any other criteria that may be prescribed by regulation; (“défibrillateur”) “emergency” means a situation during which the behaviour of an individual reasonably leads another individual to believe that the first individual is experiencing a life-threatening event that requires the provision of immediate care to assist the heart or other cardiopulmonary functioning of that person; (“situation d’urgence”) “health care professional” means, (a) a member of a College of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991, (b) such other persons or classes of persons as may be prescribed. (“professionnel de la santé”) 2007, c. 10, Sched. N, s. 1. Protection from civil liability, user of defibrillator 2. (1) Despite the rules of common law, a person described in subsection (2) who, in good faith, voluntarily and without reasonable expectation of compensation or reward uses a defibrillator on a person experiencing an emergency is not liable for damages that result from the person’s negligence in acting or failing to act while using the defibrillator, unless it is established that the damages were caused by the gross negligence of the person. 2007, c. 10, Sched. N, s. 2 (1). Persons covered (2) Subsection (1) applies to, Page 56 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 10 of 253 (a) a health care professional, if the health care professional does not use the defibrillator at a hospital or other place having appropriate health care facilities and equipment for the purpose of defibrillation; and (b) an individual, other than a health care professional described in clause (a), who uses a defibrillator at the immediate scene of an emergency. 2007, c. 10, Sched. N, s. 2 (2). Reimbursement of expenses (3) Reasonable reimbursement that a person receives for expenses that the person reasonably incurs in using a defibrillator shall be deemed not to be compensation or reward for the purpose of subsection (1). 2007, c. 10, Sched. N, s. 2 (3). Protection from civil liability, owner or operator of premises 3. (1) Despite the Occupiers’ Liability Act and the rules of common law, any person who owns or occupies premises where a defibrillator is made available for use and who acts in good faith with respect to the availability or use of the defibrillator is exempt from civil liability for any harm or damage that may occur from the use of the defibrillator. 2007, c. 10, Sched. N, s. 3 (1). Exception (2) Subsection (1) does not exempt the person who owns or occupies the premises where a defibrillator is made available for use from civil liability if, (a) that person acts with gross negligence with respect to making the defibrillator available; (b) that person fails to properly maintain the defibrillator; or (c) the premises where the defibrillator is made available for use is a hospital or other premises used primarily for the purpose of providing health care to individuals. 2007, c. 10, Sched. N, s. 3 (2). Regulations 4. The Lieutenant Governor in Council may make regulations, (a) prescribing criteria for the purpose of the definition of “defibrillator” in section 1; (b) prescribing persons or classes of persons for the purposes of the definition of “health care professional” in section 1; (c) governing standards for the proper maintenance of defibrillators; (d) respecting any matter necessary or advisable to carry out effectively the purposes of this Act. 2007, c. 10, Sched. N, s. 4. Applies to the Crown 5. This Act applies to the Crown and any agency of the Crown. 2007, c. 10, Sched. N, s. 5. 6. Omitted (provides for coming into force of provisions of this Act). 2007, c. 10, Sched. N, s. 6. 7. Omitted (enacts short title of this Act). 2007, c. 10, Sched. N, s. 7. Reference: Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N; http://www.canlii.org/on/laws/sta/2007c.10sch.n/20070717/whole.html. Page 57 LH/The Municipality of Clarington Agreement April 2020 - March 2023 Page 11 of 253 Appendix C Good Samaritan Act, 2001, S.O. 2001, CHAPTER 2 No amendments. Definition 1. In this Act, “health care professional” means a member of a College of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991. 2001, c. 2, s. 1.Protection from liability 2. (1) Despite the rules of common law, a person described in subsection (2) who voluntarily and without reasonable expectation of compensation or reward provides the services described in that subsection is not liable for damages that result from the person’s negligence in acting or failing to act while providing the services, unless it is established that the damages were caused by the gross negligence of the person. 2001, c. 2, s. 2 (1). Persons covered (2) Subsection (1) applies to, a. a health care professional who provides emergency health care services or first aid assistance to a person who is ill, injured or unconscious as a result of an accident or other emergency, if the health care professional does not provide the services or assistance at a hospital or other place having appropriate health care facilities and equipment for that purpose; and b. an individual, other than a health care professional described in clause (a), who provides emergency first aid assistance to a person who is ill, injured or unconscious as a result of an accident or other emergency, if the individual provides the assistance at the immediate scene of the accident or emergency. 2001, c. 2, s. 2 (2). Reimbursement of expenses (3) Reasonable reimbursement that a person receives for expenses that the person reasonably incurs in providing the services described in subsection (2) shall be deemed not to be compensation or reward for the purpose of subsection (1). 2001, c. 2, s. 2 (3). 3. Omitted (provides for coming into force of provisions of this Act). 2001, c. 2, s. 3. 4. Omitted (enacts short title of this Act). 2001, c. 2, s. 4. Reference: Good Samaritan Act, 2001, S.O. 2001, CHAPTER 2; http://www.e- laws.gov.on.ca/html/statutes/english/elaws_statutes_01g02_e.htm Page 58 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 Date of Meeting: January 27, 2020 Report Number: CLD-002-20 Submitted By: Anne Greentree, Municipal Clerk Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: By-law Number: Report Subject: Appointments to Fill Vacancies on Various Boards and Committees Recommendations: 1. That Report CLD-002-20 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 adver tise for the remaining vacancies on the Newcastle Arena Board and the Livestock Valuers; 4. That the resignation of Kenneth Illechukwu, from the Diversity Advisory Committee, be received; and 5. That all interested parties listed in Report CLD-002-20 and any delegations be advised of Council’s decision. Page 59 Municipality of Clarington Page 2 Report CLD-002-20 1. Background 1.1 Vacancies to several committees and boards were considered at the General Government Committee of January 7, 2019 arising out of Report CLD-024-19, where direction was given to advertise for the outstanding vacancies. 1.2 Accordingly, the Municipal Clerk’s Department placed an advertisement in the local papers to fill the vacancies to various committees and boards. In addition, the advertisement was placed on the Municipality’s website, www.clarington.net. 2. Newcastle Arena Board Background Information 2.1 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. 2.2 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. 2.3 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 2.4 Currently, the Board has five members appointed. Therefore, the Committee may appoint two members to the Newcastle Arena Board. 2.5 No applications were received in response to the advertisement. Report Overview This report is intended to provide background information regarding vacancies on various boards and committees to assist in the appointment process. Page 60 Municipality of Clarington Page 3 Report CLD-002-20 3. Diversity Advisory Committee Background 3.1 The purpose of the Diversity Advisory Committee is to provide advice, comments and recommendations on issues affecting diversity in our community in an effort to foster awareness, reduce barriers, promote inclusion and engage our residents. 3.2 The Committee is comprised of seven members, including two youth (ages 16 to 24 years) and one Council Representative. 3.3 Dorothy Koziorz was appointed as a youth member to the Diversity Advisory Committee in 2018 for a term ending in in December 31, 2022 or until a successo r is appointed. The Municipal Clerk’s Department received notification of Dorothy’s resignation in September , 2019. 3.4 Kenneth Illechukwu was appointed to the Diversity Advisory Committee in 2018 for a term ending in in December 31, 2020 or until a successor is appointed. The Municipal Clerk’s Department received notification of Kenneth’s resignation in October, 2019. 3.5 The following individuals have put forward an application for consideration: • Alexander Guevara • Sajida Kadri (Youth)  Monica Kendal  Meera MacDonald  Udana Muldoon  Catherine Vivian Current Situation 3.6 Currently, the Committee may appoint two members to the Diversity Advisory Committee, one of which must be a youth member. 4. Livestock Valuers Background 4.1 The Municipality is responsible for claims where wildlife have killed or injured livestock or poultry. The Valuer is responsible for investigating claims and determine the type of predator that is responsible. 4.2 Council appoints two Livestock Valuers to investigate livestock claims. Page 61 Municipality of Clarington Page 4 Report CLD-002-20 4.3 Milton Dakin was appointed as a Livestock Valuer in January, 2019 for a term ending in in December 31, 2022 or until a successor is appointed. The Municipal Clerk’s Department received notification of Milton Dakin’s resignation in September, 2019. Current Situation 4.4 Currently, the Committee may appoint one Livestock Valuer. 4.5 No applications were received in response to the advertisement. 5. Concurrence Not Applicable. 6. 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 and the Livestock Valuers. Staff Contact: Michelle Chambers, Administrative Assistant, 905-623-3379 ext. 2101 or mchambers@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 62 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 Date of Meeting: January 27, 2020 Report Number: COD-001-20 Submitted By: Marie Marano, Director of Corporate Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: By-law Number: Report Subject: Co-op Request for Proposal RFP-348-2019 – Consulting and Related Management and Administrative Services for the Supply of Natural Gas Recommendations: 1. That Report COD-001-20 be received; 2. That the Co-op RFP submission received from Blackstone Energy Services Inc., Toronto, for the provision of consulting and related services for the supply of natural gas and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject to the approval of the Corporate Service’s Department) for a term of three years for an estimated annual fee of $12,690.00 per year (excluding HST), based on the current number of accounts and subject to change over the contract term be accepted; 3. That pending satisfactory performance, the Purchasing Manager be given the authority to extend the contract for up to two additional one-year terms; and 4. That all interested parties listed in Report COD-001-20 and any delegations be advised of Council’s decision. Page 63 Municipality of Clarington Page 2 Report COD-001-20 1. Background 1.1 The current agreements for these services expired on November 30, 2019. The Region of Durham and the Municipality of Clarington have for a number of years used a co- operative approach to obtain proposals and secure a qualified natural gas consultant to purchase natural gas. 1.2 Using a competitive process, the Region of Durham being the host agency and the Municipality of Clarington developed a cooperative Request for Proposal (RFP). 1.3 RFP-348-2019 was issued by the Region of Durham Supply and Services Section and advertised on their website on August 7, 2019. The RFP closed on September 4, 2019. 1.4 The Region of Durham awarded a contract to Blackstone in late November as the Region and the Municipality’s portion are awarded independent of each other . 2. Analysis 2.1 Proposals were received from the following four companies:  Local Authority Services (LAS).  Blackstone Energy Services Inc.  ECNG Energy Group.  Jupiter Energy Advisors Inc. 2.2 The four proposals received were reviewed and determined to be compliant with the RFP submission requirements. Representatives from the two participating agencies evaluated and scored each of the proposals based on the following criter ia and then met to discuss and achieve a consensus on the ranking of each respondent based on the established criteria:  Understanding of the RFP requirements;  Company background, qualifications and experience; Report Overview To request approval for the award of Co-op Request for Proposal RFP-348-2019 for the provision of consulting and related management and administrative services for the supply of natural gas. Page 64 Municipality of Clarington Page 3 Report COD-001-20  Team experience and qualification;  Methodology and management plan;  Financial conditions, capacity and integrity;  Proposed fees;  Client reference feedback (Short-listed respondents only); and  Respondent interviews. 2.3 The RFP document stipulated that only the two top scoring respondents would be shortlisted and be allowed to participate in the interview process. 2.4 The following two companies met the established threshold and were shortlisted:  Blackstone Energy Services Inc.  Jupiter Energy Advisors Inc. 2.5 Scores were compiled with the proposal from Blackstone Energy Services Inc., receiving the highest score overall based on the requirements of this RFP. Blackstone Energy Services Inc. provided the most comprehensive propo sal that offered the lowest fees and addressed the following key requirements:  Value added services including market intelligence and analysis, monitoring of pricing benchmarks and forward price forecasting;  Enbridge account administration services including consumption forecasting, invoice management, monitoring of gas balances and variances and assessment of alternative volume rate plan options;  As the Municipality’s agent, reviewing and providing recommendations with respect to direct purchase agreements with approved suppliers in accordance with the Municipality’s Hedging Agreement; and  Providing financial reports to verify transactions, price reconciliation and inventory balances. 2.6 Blackstone Energy Service Inc.’s proposed fees for the Municipality of Clarington for the current twenty-two active accounts is $12,690.00 per year and will be held firm for the entire contract term including optional years. Page 65 Municipality of Clarington Page 4 Report COD-001-20 2.7 Blackstone Energy Services Inc. is presently performing these services acceptably for the Municipality of Clarington and the Region. 3. Comment 3.1 Due to the volatile nature of natural gas commodity pricing, it is not possible to forecast with accuracy the impact of natural gas pricing on the 2020 budget. However, based on current commodity pricing, market conditions and future supply forecasts it is likely that natural gas prices will increase or fluctuate. The impact of price escalations for future years may be minimized through fixed price/volume purchases of natural gas. The Municipality may lock in all or a portion of the total natural gas requirements under this type of agreement. Opportunities for fixed price/volume purchases will be monitored on an ongoing basis by the consultant. 4. Concurrence This report has been reviewed by the following Directors who concur with the recommendations: Trevor Pinn, Director of Finance/Treasurer Steve Brake, Acting Director of Operations George Acorn, Acting Director of Community Services 5. Conclusion This report sets out the proposal evaluation results and recommendation for an award of contract to Blackstone Energy Services Inc. Toronto, for the provision of consulting and related management and administrative services for the supply of natural gas. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Not Applicable List of Interested Parties available from Department. Page 66 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 Date of Meeting: January 27, 2020 Report Number: LGL-001-20 Submitted By: Rob Maciver, Municipal Solicitor Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: L4000-05-02 By-law Number: Report Subject: Assumptions of Road Widenings Recommendations: 1. That Report LGL-001-20 be received; and 2. That the draft By-law attached to Report LGL-001-20, as Attachment 1, be enacted. Page 67 Municipality of Clarington Page 2 Report LGL-001-20 1. Background 1.1 Over the past 12 months, various road widenings have been transferred to the Municipality as a condition of the development approval process. As a routine practice, the Municipality is required to dedicate these parcels as public highway. 1.2 In the case of a road reserve, a dedication by-law is required to establish legal access. 1.3 A draft by-law to dedicate these parcels is provided as Attachment 1. 2. Conclusion The draft by-law found at Attachment 1 is provided to Council for enactment. Once enacted, the Municipal Solicitor will deposit the by-law with the Land Registry Office. Staff Contact: Joanne Barchard, Law Clerk, 905-623-3379 ext 2014 or jbarchard@clarington. net. Attachments: Attachment 1 – By-law to Establish certain Lands as Public Highways There are no interested parties to be notified of Council's decision. Report Overview Road widenings and/or road reserves are frequently transferred to the Municipality as a requirement of the development approval process. A by-law is required to dedicate these parcels as public highways. Page 68 Attachment 1 to Report LGL-001-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2020- Being a by-law to establish certain lands as public highways WHEREAS the lands set out in the attached Schedule “A” have been conveyed to The Corporation of the Municipality of Clarington for road widening purposes. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. The lands shown in Schedule “A” are hereby dedicated and assumed as public highways; 2. This by-law shall come into effect on the date of passage. BY-LAW passed this day of February, 2020. ___________________________ Adrian Foster, Mayor ___________________________ C. Anne Greentree, Municipal Clerk Page 69 Attachment 1 to Report LGL-001-20 SCHEDULE “A” Firstly Pt Lot 31, Con 2 (Darlington) Part 1, 40R-29823 Municipality of Clarington Regional Municipality of Durham Secondly Block 22, Plan 40M-2367 Municipality of Clarington Regional Municipality of Durham Thirdly Part of Lot 30, Con 3 Part 9 on 40R-25845 Municipality of Clarington Regional Municipality of Durham Fourthly Part of Lot 67, R.C.P. 713 and Part of Block 79, Plan 10M-781 Parts 1, 2, 3 and 4 on 40R-16332 Municipality of Clarington Regional Municipality of Durham Fifthly Pt Lot 3 and 4, Blk 8, Hanning Plan Part 3 on 40R-30503 Municipality of Clarington Regional Municipality of Durham Sixthly Pt Lot 7, Blk 5, Hanning Plan Part 1 and 4, 40R-30512 Municipality of Clarington Regional Municipality of Durham Page 70 Attachment 1 to Report LGL-001-20 Seventhly Pt Lot 8, Blk 5, Hanning Plan Pt Lot 9, Blk 5, Hanning Plan Part 3, 40R-30512 Municipality of Clarington Regional Municipality of Durham Eightly Pt Lot 2, Blk 8, Hanning Plan Parts 1 and 2, 40R-30503 Municipality of Clarington Regional Municipality of Durham Ninthly Part Block 79, 10M-781 Pts 4 & 5, 40R-29839 Municipality of Clarington Regional Municipality of Durham Tenthly Blocks 35 and 36, Plan 40M-1684 Municipality of Clarington Regional Municipality of Durham Eleventhly Pt Lot 8, Blk 5, Pt Lot 9, Blk 5 Part 2, 40R-30512 Municipality of Clarington Regional Municipality of Durham Page 71 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 Date of Meeting: January 27, 2020 Report Number: CAO-003-20 Submitted By: Catherine Carr, Manager of Internal Audit Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: By-law Number: Report Subject: Forestry Service Delivery Review Recommendations: 1. That Report CAO-003-20 be received; 2. That Council endorse the recommendations of the Forestry Service Delivery Review; 3. That the recommendation to conduct a customer service and work order process review be initiated immediately by staff; and 4. That the other recommendations set out in the consultant’s Service Delivery Review of Forestry Services be prioritized to enhance Forestry services. Page 72 Municipality of Clarington Page 2 Report CAO-003-20 1. Background 1.1 Council approved a formal process to review Municipal services as presented in Report CAO-002-17. The Audit Committee chose Forestry Services as the third Municipal service to be reviewed. 1.2 The service delivery review methodology approved by Council in 2017 included 10 questions to be answered as part of the review. Through a Request for Proposal (RFP) process, WSCS Consulting Services (Tammy Carruthers) was selected to undertake the review. WSCS has extensive municipal experience and has completed the two previous service delivery reviews. 1.3 A steering committee was formed to coordinate the service delivery review process. The steering committee members were the Director of Operations (retired), Manager of Operations (now Acting Director of Operations), Parks Supervisor, one of the Parks Lead Hands (Arborist) and the Manager of Internal Audit. The process required a significant amount of resources including staff in the Operations Department as well as consultations with other departments, external stakeholders and members of Council. Much of the work for this service delivery review was do ne during the same time period as the Organizational Structure Review. 1.4 WSCS Consulting made 14 recommendations for service delivery improvements. Some of the recommendations overlap into other areas of work within the Operations Department. 2. Recommendations Work Order and Customer Service Review 2.1 Recommendations 1 and 2 discuss the need for a business process review of customer service and work orders throughout the Operations Department. Staff have been working at improving processes and have implemented some changes. However, a wide-range review would be very beneficial. This requires time and resources. The consultant has recommended an investment of $70,000 consulting fees including business process Report Overview Through Report CAO-002-17, Council approved a service delivery review approach. Services to be reviewed are chosen by the Audit Committee based on a set of criteria defined in the report. This Report presents the results of the independent review of Forestry Services and recommended actions to improve this service delivery. Page 73 Municipality of Clarington Page 3 Report CAO-003-20 review and development of policies, procedures and training. Rather than using outside consultants, a team of employees can be formed to undertake the recommended business process review as part of a Green Belt certification exercise under the Municipality’s Lean Sigma Six program. The recommended business process review for work orders is an ideal fit for this program. The team will work with the Operations Department to develop service improvements. This project has been scheduled to start in early February 2020. 2.2 There will be a cost to integrate the outside field work with the software and the use of hardware such as tablets. Some of this hardware has been included in past budgets. This process improvement would greatly reduce the administrat ive time, cost and data quality once implemented. To maximize these efficiencies , it is imperative to conduct the business process review noted in 2.1. 2.3 Currently, the Operations Department uses the software CityWide Works. The Finance Department uses the Tangible Capital Asset module of CityWide. The benefit of this software is that it can link work done on Municipal assets. The Municipality is also looking at replacing the current software used by multiple departments namely Engineering, Operations, Planning and Clerk’s (By-law Enforcement) with a possibility of expanding use for as a Customer Response Management system. If the Operations Department were to adapt to the new software in the future, the work done on business process review would only increase the success of the implementation of new or existing software. 2.4 From a customer service view, it is recommended that a customer portal be developed to allow for online requests, tracking and satisfaction surveys. (Recommendation 4) Additionally, the tree replacement process allowing residents to select a species of tree should be discontinued as it is an administrative burden that is shown to be largely ineffective. Municipal staff have the expertise to choose the appropriate tree for the location based on local conditions and species diversity in the area. 2.5 By capturing the relevant data from the forestry program, there is an opportunity to develop meaningful performance standards and indicators o n service delivery. (Recommendation 3) Staffing and Contracting Services 2.6 The Forestry Service delivery review showcases the need for a dedicated Forestry Service team. This is discussed in Recommendations 5 and 6. It is recommended that a Lead Hand (Arborist) be renamed the Forestry Coordinator and that a dedicated forestry team be developed. Currently there is one lead hand who is an Arborist who reports to the Parks Supervisor. The Operations Department has been working at improving this service to deal with the work order backlog. It is recommended that Operations evaluate Page 74 Municipality of Clarington Page 4 Report CAO-003-20 their staff complement and consider training and adding or allocating additional positions to the Forestry service. (Recommendations 5 and 6) 2.7 The service delivery review also addresses contracting out. As noted in the review, it is suggested that the Municipality continue with the model of combining in -house and contracting to delivery forestry services. There are improvements noted in the contracted service delivery such as tracking and updating work orders, evaluating vendor performance, and working with Purchasing to follow through with contractor evaluations. (Recommendations 7, 8 and11) Policy and Other Work 2.8 There are several other recommendations that should be considered. Some of the coordination of these recommendations may be better facilitate d with the proposed department structure in the Organizational Structure Review. The creation of the Public Works Department would combine the skills and knowledge of the staff in the existing Operations and Engineering Departments. 2.9 The Operations Department has been conducting an inventory of dead trees in some rural areas to document the scope of the issue in the rural areas. At present, Operations staff have logged 1500 dead trees west of Bowmanville Avenue. Without adequate resourcing either in-house or with funding for contractors, the rural tree issues will continue to be a problem for many years. A comprehensive tree survey of the entire Municipality is needed. Once established, there should be a process to maintain the inventory. (Recommendation 9) 2.10 As well, it is recommended that the Tree Preservation By-law #97-35 be updated with respect to language, references and fees. Council did discuss the challenges on monitoring trees on private properties in reports OPD-011-17 and CLD-013-16. These discussions resulted in the Urban Tree Strategy being developed. The Region is currently concluding the review on their Tree By-law. 2.11 As noted in Recommendation 13, the commitment to the Urban Forest Strategy should be determined and a work plan developed. Again, this may be better supported with the creation of a Public Works Department. 2.12 The consultant noted several potential agencies and programs that may be explored to improve forestry services and the tree canopy. With the proposed department reorganization, this should be clearly assigned within the appropriate division. (Recommendations 5 and 14) 2.13 Recommendation 10, an equipment rate study should be investigated in 2020 in preparation for the 2021 budget as there could be budget implications from the rate study. This can be done in partnership with Operations and Finance staff. Page 75 Municipality of Clarington Page 5 Report CAO-003-20 3. Concurrence This report has been reviewed by the Acting Director of Operations who concurs with the recommendations. 4. Conclusion Operations staff have made some progress recently but are burdened by the backlog of forestry work orders. There are improvements with respect to customer service and work orders that will benefit processes throughout the Operations department. The Lean Sigma Six program offers an opportunity to do a review of the work order process with Municipal staff. The potential creation of the Public Works Department offers some opportunities to enhance collaborative work for Forestry Services such as the Tree Preservation By-law and a work plan for the Urban Forest Strategy. Key to the success in the Forestry Services is establishing a dedicated Forestry team headed by a Forestry Coordinator. The Forestry Services team should be focused on forestry issues year-round. It is respectfully recommended that Council endorse the recommendations in the Forestry Service Delivery Review. Staff Contact: Catherine Carr, Manager of Internal Audit, 905-623-3379 ext. 2606 ccarr@clarington.net Attachments: Attachment 1 – Forestry Service Delivery Review There are no interested parties to be notified of Council's decision. Page 76 Page 77 Clarington Forestry Service Delivery Review Page 78 Table of Contents Executive Summary ......................................................................................................................................... 4 Project Objective .......................................................................................................................................... 11 Project Scope ................................................................................................................................................ 13 Background ................................................................................................................................................... 19 Forestry Organizational and Regulatory Context ........................................................................................... 22 Environmental Benefits ................................................................................................................................. 26 Clarington Forestry Organizational Structure ................................................................................................ 28 Operating Budget 2019 Summary & Comments............................................................................................ 30 Clarington Forestry Services’ Achievements .................................................................................................. 32 Forestry Work Processes and Staffing ........................................................................................................... 32 Contractor Procurement and Performance ................................................................................................... 33 Clarington Forestry Service Profile ................................................................................................................ 34 Strengths, Weaknesses, Opportunities and Threats (SWOT) ......................................................................... 51 Benchmarking – Why Compare to Other Communities? ............................................................................... 54 Key Observations & Best Practices Common to the Benchmarked Municipalities ......................................... 54 Key Findings and Opportunities for Improvement ........................................................................................ 60 Forestry Services requests are not customer focused ................................................................................... 64 Equipment Rates and work order processes do not capture true costs ......................................................... 69 Procurement and Contractor Management is time consuming and challenging ........................................... 69 Bylaws are outdated ..................................................................................................................................... 70 Urban Forest Strategy needs to be coupled with a workplan to succeed. ..................................................... 72 Conclusion .................................................................................................................................................... 73 Acknowledgement ........................................................................................................................................ 73 Appendix A: Stakeholder Interviews ............................................................................................................. 74 Page 79 Clarington Forestry Service Delivery Review THE NEED FOR GREEN Executive Summary The Municipality of Clarington (the Municipality) is a vibrant community located at the eastern edge of the Greater Toronto Area (GTA), one of eight municipalities in Durham Region. Clarington is a large municipality, covering an area of approximately 612 square kilometres, with four urban centres and 13 hamlets. With Lake Ontario to the south, Oak Ridges Moraine and Ganaraska Region to the North, Clarington is rich with forests and vegetation. Its natural surroundings, forests and tree-laden urban streets, make Clarington attractive for residents and visitors alike. Being at the eastern edge of the GTA with the proximity to the 401/407, make Clarington prime for ongoing population growth. But this growth creates a host of environmental challenges, from stormwater runoff to the urban heat island effect. Protecting and growing trees and other natural resources will become increasingly difficult as the climate changes and more subdivisions are developed. Trees provide a host of ecosystem services and their canopies provide habitat for wildlife. The transpiration process reduces summer temperatures and research shows that trees can even improve social cohesion and reduce crime. A healthy and robust tree canopy is crucial to the sustainability and livability of our urban areas. In recent years, Ontario has taken steps to protect the tree canopy through climate change strategies and regulatory changes. For instance, in 2019, changes to the Municipal Act required municipalities to adopt and maintain a policy with respect to “the manner in which the municipality will protect and enhance the tree canopy and natural vegetation in the Page 80 Clarington Forestry Service Delivery Review Page 5 municipality.” The Planning Act and asset management planning regulations require municipalities to consider climate change adaption in long term plans.1 To some extent, Clarington has recognized the importance of growing and maintaining the tree canopy through its official plan requirements, and the Stewardship Program which includes the very successful Trees for Rural Roads Program. However, the last Tree Preservation By-law was passed in 1997, back when the Municipality had a population of less than 70,000 people. Recent interest has been expressed regarding the desire to protect trees through additional bylaws on private property. However, these appeals have been rejected due to the cost and management. The challenge is that the Municipality does not have any mechanism to protect trees until a development application is filed. Durham Region is in the process of reviewing its tree protection bylaw and some changes are forthcoming. 1 O. Reg 588/17 Asset Management Planning Regulation 2 Arboriculture & Urban Forestry – Scientific Journal of the International Society of Arboriculture, Volume 44, No. 4, July 2018 – Resident Despite pleas from some residents, in Clarington, only small woodlots are protected through by-law and development applications. Research shows that private by-laws have some success but the most important outcome is the increased awareness of the importance of trees. Enforcement is challenging and expensive.2 Following some interest from Council, the Municipality developed the Urban Forest Strategy which outlined strategic objectives into six groups: • Tree Inventory and Assessment; • Management of Municipal Forests; • Level of Service; • Customer Service / Service Delivery; • Tree Protection and Management; and • Forest Health and Pest Management. While the strategy was formulated through consultations with staff from Operations, Planning and Engineering and endorsed by Council in 2018, it was not “financed” and no detailed work plan created. Consequently, even though the goals are impressive Knowledge and Support for Private Tree Bylaws in the Greater Toronto Area. Page 81 Clarington Forestry Service Delivery Review Page 6 and likely action is required, the strategy is not guiding the work in Operations. Part of the challenge is that the Emerald Ash Borer (EAB) infestation has required significant attention and investment to the tune of $3 million over 5 years. This has impacted all other “less critical” forestry requests which may impact the health of the remaining trees and/or result in dissatisfied customers.3 The EAB issue exists in parks and rural areas as well, but the Municipality has only begun to tackle that issue. If the infestation in the urban areas is any indication, the workload and financial impact for the rural areas is likely exponentially higher. In order to tackle the EAB crisis along with the ongoing tree maintenance responsibilities, the Municipality utilizes a combined service delivery model of in-house and contracted services. While typically, the contracted services have been approximately $300,000 (52%) of the forestry budget, the EAB infestation and concerns with mounting workload has pushed that number up to 70% or $730,000 in 2019. It is important to note that every year since 2014, the Forestry Services has been over budget.4 While the variances have been significant, 3 2018 Clarington’s Urban Forest Strategy there is not enough data to determine the root cause. The volume of work hours and associated costing is not tracked. This makes it difficult to determine the degree to which outsourcing would be more effective or efficient. The workload volumes have been tracked for some time but with more vigour since 2017 when Operations implement a customer service request and work order module. This shows that 50% of the forestry work orders created for customer requests/complaints since 2017 are yet to be completed. With only one arborist and no dedicated forestry work crews, the likelihood of responding to these requests in a timely manner is not feasible. At September 2019, outstanding work orders totaled 2,167 with an average aging of 254 days (over 8 months). At a conservative estimate, this represents about $350,000 or 4 full time equivalents. With every passing day, more requests are received and existing work orders become older. Customers become increasingly frustrated and dissatisfied with services. Of the outstanding work orders, 7% are at the second or third request for service. There are currently no service standards for forestry service response times. 4 Operations Forest 2014-2019 Report provided by Clarington’s financial system Page 82 Clarington Forestry Service Delivery Review Page 7 Customers do not have the ability to file or track service requests by type online as seen in other municipalities. So it is incumbent on Operations staff to manually enter the data into CityWide based upon telephone or email contact. Updates are provided by follow up telephone calls, only adding to staff time who consequently, must deal with the irate customers. Reviewing the data also revealed that there were many errors, omissions and inconsistencies. In some cases, the location was missing or the type of request was unclear. Staff must then contact the customer to gain better understanding of the issues. This also makes it difficult to undertake analysis or plan the work effectively. The volume of work and fact that the Municipality is aware of the issues through recording of service requests raise concerns about the potential liability that this may pose. This is particularly true for situations where trees/branches may cause damage. As new EAB and other types of infestations are identified, it is possible that the numbers and issues may increase if no plan is developed. Some of the delays in completing work orders can be attributed to the Municipality ’s practice surrounding tree replanting and requests for the types of trees. This manual process requires the resident to contact the Municipality to indicate their choice of seven possible trees. While this seems to be a nice service, record keeping is challenging and residents are slow to respond, or not at all. Operations staff must collect and monitor this information and follow up. Most municipalities, including Oshawa simply determine the type of tree to be planted based upon the best choice for soil conditions and location. In the recently released Clarington Organizational Structure Review, the consultants recommended that Clarington look at the “Possible Outsourcing of Forestry” and that “there is currently some Forestry expertise within the Engineering department, however, this function should fall under Operations and may be required to scale to meet experience and service level expectations. In order to scale Forestry operations efficiently while maintaining service levels across other areas, outsourcing should be a consideration.” It is true that Forestry “services” are delivered in a “piece meal” fashion between Planning, Engineering and Operations with no clear accountability or responsibilities. While we agree that outsourcing forestry is an option, we are of the opinion that the entire service cannot be outsourced. We are of the opinion that Clarington should consider a review of outsourcing other operations such as winter control, which is much more Page 83 Clarington Forestry Service Delivery Review Page 8 common and effective than forestry operations. However, this was not in scope for this review but it is difficult to assess forestry on its own. Even in the City of Brantford with a population of 97,000, where the entire forestry service is outsourced, City staff are responsible for managing the contract. 2019 budget indicated that the plan was to bring the service in house with 10 additional staff and over $ 1.3 million.5 A review of the outsourced service indicated dissatisfaction with quality and response time. Forestry is so intertwined with other plans and legislative requirements as well as its impact on the health and beauty of the Municipality, that contracted services can best be utilized for project work that can be monitored through effective contract management. In order to improve contract performance, the Municipality must have a clear plan of its desired achievement, indicators and reliable vendors to carry out the work. To date, the Municipality has been challenged with contractor performance and spends considerable amount of time managing the work of contractors. 5 https://www.brantford.ca/en/living- here/resources/Documents/2019-Operating-Budget-Estimates.pdf Item 20 and 23 Current Clarington contracts state that the Municipality will inspect the completed work to confirm satisfactory performance prior to payment. This seems to be overly onerous and partially defeats the purpose of contracting out the work. However, if the performance evaluation information is gathered and analyzed, it will provide the Municipality and Purchasing with the appropriate information for assessing vendor qualifications and eligibility. Without clear evidence of vendor issues, it is very difficult, if not impossible, to prevent poor performing vendors from bidding on tenders. Outsourcing decisions must also be accompanied with good, reliable cost data. This is not available in Clarington. Labour, materials and equipment costs per job are not captured. Equipment rates are not updated. In analyzing the costs for Forestry, we not only reviewed the financial reports, we reviewed the processes to capture this information. We found that the processes utilized by the Municipality are outdated and time consuming. When onsite, work planning was undertaken in the morning when staff reported to the location. Because the Page 84 Clarington Forestry Service Delivery Review Page 9 Municipality does not have “crews” assigned to the Lead Hand, work is not planned beyond one day and is based upon the crew onsite that day. In other words, staff work is reactive and the Lead Hands cannot plan beyond the day as they are unsure who will be at work. Further, even though some staff have gained forestry skills, the lack of continuity makes it very difficult for the Municipality to train the staff in forestry which is a different skill set from other Operation’s roles. In terms of the Lead Hand, the Municipality advertised and hired an arborist who has extensive experience with a large municipality. However, due to the structure, the Lead Hand is required to do a variety of non-forestry work. Given this specialty, it is likely not the most efficient or effective utilization of the skill set. Payroll and cost allocation processes are outdated and inefficient. Spreadsheets are completed by the lead hand for all the parks staff on their behalf with assignment of time and equipment to general ledger job accounts, not work orders. These are then re- entered by administrative staff for payroll purposes which not only represents duplication of effort, the 6 https://www.oakville.ca/residents/forest-health-ambassadors.html chance of error is high. Work order costs and time are crucial to determine standard costs which will assist in for work planning and resource allocation. In terms of workload, even though much of this work is performed on the Municipality’s right of way, customers perceive this to be on their property. Complaints will continue to be launched with the Municipality. Consequently, Operations staff are charged with following up on these complaints. Unfortunately, the data collected to date does not sufficiently capture the time or cost to undertake inspections and/or deal with complaints. While outsourcing the service in its entirety is likely not the best option, there are many opportunities for better service through volunteers and private-public partnerships particularly in areas for increased tree health, canopy growth and inventory collection. Examples include Oakville’s, Forest Health Ambassador Program and PLANT. Here, volunteers are trained to undertaken assessments and encourage planting6. Tree inventory volunteers in Wisconsin and Florida are also successful. Tree Canada, Partners in Planting programs, Municipal Natural Asset Initiative funding would augment the Trees for Rural Roads Page 85 Clarington Forestry Service Delivery Review Page 10 Program. These types of programs could be led by other partners such as the Conservation Authorities, the Region or private sector and would assist the Municipality to achieve some of its goals. Of course, volunteer programs and public-private partnerships are only successful with performance, workload management and oversight, even more difficult than outsourced contractors. The most significant recommendation from this report includes the full implementation of work order management and time/equipment attribution. This will allow management to fully understand the workload and better able to determine the appropriate mix of contracted services and in house work. Early in 2019, Operations made some organizational changes, including a “Contracts Specialist” with Operations who would be responsible for tendering and vendor management/evaluation. The role was unclear in terms of forestry services but it would make sense to develop contract management skills in a few key personnel and ensure that they work with procurement to create a roster of reliable forestry service providers. The scope of this review was difficult. Separating forestry service from the other Operations department services is challenging. This diversity of services challenge management and workload planning. Clarington is not unique in this regard. Many of the benchmarked municipalities have similar organizations. The organizational review highlighted the challenges Clarington faces. We are encouraged that changes may be made including our recommendations to improve work management, regardless of the organizational structure. Page 86 Clarington Forestry Service Delivery Review Page 11 Project Objective This review was intended to provide an objective view of services, explore opportunities for alternatives and make recommendations for improvements. The key focus is to determine if the Municipality has opportunities to: a. improve service and outcomes; b. meet new or increased demand from customers for services; c. improve service delivery mechanisms and processes; d. maintain existing service levels in the face of competing priorities or decreasing revenues; e. reduce costs; and/or improve revenues. The approach that Clarington chose to utilize was outlined in the guide to service delivery reviews released by the Ontario Municipal Affairs and Housing. The guide suggests that 10 key questions should be addressed in SDRs as shown in as follows: 1. Do we really need to continue to be in the business/service? 2. What do citizens expect of the service and what outcomes does council want for the service? 3. How does current performance compare to expected performance? 4. Do the activities logically lead to the expected outcomes? 5. How is demand for the service being managed? 6. What are the full costs and benefits of the service? 7. How can benefits and outputs of the service be increased? 8. How can the number and cost of inputs be decreased? 9. What are the alternative ways of delivering the service? 10. How can a service change best be managed, implemented and communicated? Page 87 Clarington Forestry Service Delivery Review Page 12 Figure 1:Service Delivery Review - 10 Questions Page 88 Clarington Forestry Service Delivery Review Page 13 Project Scope 1. Project Initiation: Met with Clarington’s SDR Forestry Services Steering Committee to clarify expectations, refine lines of inquiry, and develop a subsequent work program for the engagement. 2. Steering Committee: Facilitated focus group session for SWOT, opportunity identification. Individual interviews with members of the Steering Committee were also undertaken. 3. Council Consultations: All councillors were provided the option to meet with the consultants. Three interviews were undertaken. 4. Senior Management Consultations: All senior management involved in forestry were interviewed. 5. Staff Consultations: Interviewed all Forestry staff as well as administrative support. Performed observations and facilitated focus group sessions. Subject matter experts from Engineering, Planning, Climate Change, Communications, Clerk’s Office, By-law and Finance were also interviewed. 6. External Stakeholder Consultations: Interviewed Conservation Authority staff as well as community leaders involved in forestry. 7. Environmental Scan: Reviewed relevant documentation; benchmarked Municipality services against comparators to identify opportunities for improved efficiencies and effectiveness. 8. Review of Current Service Delivery Model: Developed an inventory of services and processes provided by Forestry Services. 9. Opportunity Identification: Identified potential opportunities to achieve the most efficient and operationally effective approach to service delivery and address the 10 key questions. 10. Final Report & Presentation: Developed and presented an interim report to the Steering Committee with key findings. Final report with recommendations on the Municipality’s service delivery model scheduled for January 2020. Page 89 Clarington Forestry Service Delivery Review Page 14 Methodology Our methodology shown in Figure 2:project methodology included: 1. Project Initiation 2. Document Review. 3. Financial and Operational Performance Analysis and Data Collection. 4. Analysis of Strengths, Weaknesses, Opportunities and Threats (SWOT). 5. Consultations including focus groups, interviews and observations. 6. Benchmarking and data analysis. 7. Evaluation of the Current Services. 8. Development of Interim and Final Reports. Project Initiation First Principles Meeting Consultation Analysis of Municipal Service Plans Financial and Operational Performance Analysis Project Update & Presentation External Analysis Benchmarking & Best Practices – Service Level Baseline Analyze/ Compare Current State to Best Practice – Develop Opportunties Develop Final Recommendations and Validation Prepare Draft and Final Report, Recommendations, Presentation, Roadmap Project Update & Input Project Update & Input Project Update & Input Evaluate Current As is Services and Business Processes Presentation of Interim Report Working Session - Priorities Document Review External Consultation SWOT Analysis Technology Review and Research FIGURE 2:PROJECT METHODOLOGY Page 90 Clarington Forestry Service Delivery Review Page 15 This work was undertaken over a five-month period commencing August 2019. The opportunities and recommendations are expected to be presented to the Committee in January 2020. Figure 3: Project Timeline shows the timing of each activity. In summary, staff and management consultations took place in September and October 2019. A “Day in the Life” was undertaken with forestry staff whereby we observed their work management, planning and daily work. Draft report was provided in December following the release of the Organization Structure Review. Council report is expected in January 2020 if required. Figure 3: Project Timeline Page 91 Clarington Forestry Service Delivery Review Page 16 Opportunities and Recommendations There are 14 recommendations/opportunities that arise from the service delivery review for consideration: Recommendation 1: Undertake a business process review of customer service requests/work orders within Operations with the view to collect time and equipment cost s at source. This will require a complete transformation of the business from the Lead Hand entering data to staff responsibility through mobile/internet access. This is what is done in many other municipalities. An estimated investment of $7 0 ,000 is required to make this happen including consult ing services, implementation , procedural development and training deliver y. Additional mobile devices may be required but an assessment of current hardware and new requirements should be undertaken in conce rt with other corporate projects. Recommendation 2: As part of the process transformation, create C itywide work order series based upon type including, at minimum contractor inspections/complaints, tree replacements. Error proofing mechanisms should be put in place to ensure data is clean and consistent. Look at limited tree replacement choices for cus tomers. Recommendation 3 : Clarington Forestry Services should develop performance standards in measurements, collection and reporting including work order response rates and contractor performance. Service levels should be developed, tracked and advertised. Recommendation 4 : Clarington should create an online request system, integrated with CityWi de (or the corporate service request system) to allow customers to submit and track forestry requests in real time . Recommendation 5 : Transform the position of Lead Hand to Forestry Coordinator who will be responsible for managing forestry work with int ernal staff and contractors. This position should also Page 92 Clarington Forestry Service Delivery Review Page 17 be responsible to develop private -public or volunteer partnerships for tree assessments and inventory. Recommendation 6 : Assign one position, at minimum, to the Forestry Coordinator, as a permanent forestry positio n to assist in eliminating the backlog of service requests and support the Urban forest strategy. Additional training in forestry practices should be provided to more staff with the skills to support the Lead Hand/Forestry Coordinator. R ecommendation 7 : Contractor requirements should include tracking and updates to work orders and tree inventory. Satisfaction surveys should be added to the customer portal so that the municipality can monitor the quality and responsiveness. Recommendation 8 : Following the implementation a full work order management system with time and equipment tracking and vendor performance, revisit the degree of outsourcing in forestry. Recommendation 9 : Deve lop a plan to collect tree inventory including application for funding. R ecommendation 10: Undertake an equipment rate study to update rates immediately and on a regular cycle (eg. every 3 -4 years). Ensure that equipment rates are charged to work orders as they are utilized as part of Recommendation 1. Recommendation 1 1 : As part of a procurement review, Forestry staff should work with Purchasing to develop a contractor evaluation system/process. All contracts should be tracked in a new work order type in CityWide that includes criteria for contractors. Consider moving to a reporting requirement rather than inspect ing all work of contractors . P erformance standards should be put in place and monitored . Recommendation 1 2 : Update /expand the Tree Preservation Bylaw #97 -35 including fees. Page 93 Clarington Forestry Service Delivery Review Page 18 Recommendation 1 3 : C larington should determine the commitment to Urban F orest S trategy and ensure a workplan, with internal and external resources are assigned. This should form a policy as required by the Municipal Act. Recommendation 1 4 : As part of the strategy, C larington Forestry Services should work with the inter -agency working group s uch as Durham Region, Clarington’s Climate Change Coordinator, Conservation Authorities and Community Groups to build additional volunteer opportunities (eg. Forest Ambassador Pro gram) and/or pursue grants (eg. Trees Canada). Page 94 Clarington Forestry Service Delivery Review Page 19 Background Situated on beautiful Lake Ontario, the Municipality of Clarington (the Municipality) is a lower-tier municipality at the eastern most point in Durham Region which has picturesque harbours at the eastern border of the GTA. The municipality has a mix of urban and rural and is large (611.40 square 7 2016 Census, Statistics Canada 8Highway 407 extension could bring new markets but also big risk for businesses kilometres) which provides an abundance of natural Forestry assets. The Municipality prides itself with the “small Municipality feel” but in fact, the Municipality is not “small” in relative terms to most municipalities in Ontario. It represents 0.684% of the province’s population and there are 386 (93%) lower/single tier municipalities in Ontario that are smaller. However, its population of 92,0137 has experienced significant growth at 8.8% since 2011. This is well above Durham Region’s (the Region) growth rate of 6.2% and the 4.6% growth rate across Ontario. This growth has been primarily along the 401 and the rural areas remain “relatively” intact with exception to the area surrounding the 407 expansion. This expansion has been met with both positive and negative attention. 8 In terms of forestry, it is this development that most concerns arborists and environmental scientists alike. 9 As shown in Figure 4, Clarington is a key contributor to the 50 million trees Forest Ontario project. Its lush Second phase of Ontario Highway 407 expansion opens east of Toronto 9 https://www.greenblue.com/na/trees-in-hardscape-structural- stability-vs-rootable-soil/ Figure 4: Map of Clarington – 5 Million Tree Project from Forests Ontario Page 95 Clarington Forestry Service Delivery Review Page 20 agricultural land makes for great growing conditions. The Trees for Rural Roads program has been very successful. Since 2012, more than 5,800 saplings have been planted with $160,000 investment since the inception of the program.10 Clarington covers 61,350 hectares with mapped forested areas on both private and public land totaling 17,975 hectares, or 29.3% of the total land area when forest and forest swamp areas are combined as shown in Figure 5.11 The unique Oak Ridges Moraine12 and Ganaraska Forest to the north are two of the largest contiguous forests in southern Ontario. The ecologically diverse moraine provides varied landforms on the moraine with woodlands, wetlands, watercourses, kettle lakes and bogs, have provided an environment suitable for significant flora and fauna communities to develop and thrive. The Ganaraska provides large woodlands that are particularly valuable for conserving biodiversity. Both areas provide protection for plants and wildlife in addition to the protection of the headwater recharge areas of the river watershed.13 10 2019 Clarington Stewardship Annual Report : Report PSD-055-19, December 2, 2019 11 Clarington Urban Forest Strategy 2018. 12 Ecology of the Oak Ridges Moraine - Wikipedia 13 https://www.ganaraskaforestcentre.ca/wp- content/uploads/2017/10/GFMP-2018-2038-September-2017.pdf Figure 5: Major Habitat Types and Land Uses - Source Urban Forest Strategy Page 96 Clarington Forestry Service Delivery Review Page 21 The key focus of the SDR is to determine if the Municipality has opportunities to: a. Improve service and outcomes; b. Meet new or increased demand from customers for services; c. Improve service delivery mechanisms and processes; d. Maintain existing service levels in the face of competing priorities or decreasing revenues; e. Reduce costs; and/or f. Improve revenues particularly from grants. Our review revealed that the Municipality needs to look at the degree to which it feels that tree canopy is important to its overall vision. Even if the Municipality determines that it can outsource more of the services, it needs to improve Forestry Service planning through dedicated resources and customer relationship management. There are also opportunities for interdepartmental cooperation as identified in the Organizational Structure Review that will provide better synergies and improve opportunities for forestry management and the overall health of the community. If the recommendations are adopted, duplication of effort and improved long-term urban forest management would be a positive outcome. Page 97 Clarington Forestry Service Delivery Review Page 22 Forestry Organizational and Regulatory Context Figure 6 provides an overview of the landscape of organizations involved in forestry in the municipal context. Figure 6: Forestry Organizational Context There is no one specific organization or legislation that requires a municipality to provide forestry services. The level and types of services are generally a matter of community choice and municipal direction. However, research shows there is general desire to protect the tree canopy and address climate change impacts. As municipalities, like Clarington, become more urbanized, more attention that forestry is evident. Legislation has been introduced to force the issue of climate change and worldwide organizations are promoting the benefits of trees. In the case of municipalities, we see a wide array of levels of service ranging from mostly outsourced (Town of Caledon) to fully funded urban forestry teams (Toronto, Oakville). The trend towards in house expertise and forestry roles is evident in large urban centres. Brantford, for example, experimented with fully outsourced forestry services, only to find quality and response issues. Below is a summary of the key organizations from national to local in Clarington. National Organizations Tree Canada is a charity dedicated to planting and nurturing trees. They engage communities, governments, corporations and individuals in the pursuit of a greener and healthier living environment for Canadians. The programs have resulted in more than 82 million trees, greened more than 660 schoolyards, helped restore places hit by natural disasters and brought together urban forestry experts greening cities all across Canada. Tree Canada Forests Ontario Conservation Authorities (CLOCA, GRCA) Durham Region Forestry Clarington Forestry Community Partners/Not For Profits Page 98 Clarington Forestry Service Delivery Review Page 23 Canadian Urban Forest Network (CUFN), affiliated with Tree Canada is the largest network of urban forestry practitioners, experts and educators in Canada. While Clarington may not specifically connect with Tree Canada, this may be an additional avenue to look for tree planting partnerships. The Municipal Natural Assets Initiative (MNAI) provides scientific, economic and municipal expertise to support and guide local governments in identifying, valuing and accounting for natural assets in their financial planning and asset management programs, and in developing leading-edge, sustainable and climate resilient infrastructure. Funding programs are available to assist local governments with asset management strategies. Provincial Organizations Ministry of Natural Resources and Forestry manages the provinces Crown forests which makes up 91% of all forests in Ontario. Forests Ontario is dedicated to making Ontario’s forests greener. Their primarily focus on tree planting initiatives, extensive education programs and decades of community outreach have resulted in millions of trees being planted each year. Partnerships and planting programs are intended to increase forest cover, restore forests impacted by natural occurrences and improve forest conditions in Ontario and across Canada. The 50 million tree project has been quite successful. Provincial Legislati on Forests are managed through a combination of planning and legislation. There is provincial legislation such as The Crown Forest Sustainability Act which describes forest sustainability and regulates the protection and sustainable use of Ontario’s forested lands. Environmental Assessments, Planning Act Applications, and Environmental Impact Studies provide municipalities with the ability to make specific requirements. The Forestry Act applies to forests on private land and provides municipalities with the ability to pass bylaws for acquiring forests as follows: “11 (1) The council of a municipality may pass by-laws, (a) for acquiring by purchase, lease or otherwise, land for forestry purposes; Page 99 Clarington Forestry Service Delivery Review Page 24 (b) for declaring land that is owned by the municipality to be required by the municipality for forestry purposes; (c) for planting and protecting trees on any land acquired for or declared to be required for forestry purposes; (d) for the management of any land acquired for or declared to be required for forestry purposes and the sale or other disposition of the trees thereon; (e) for issuing debentures, without the assent of the electors, for the purpose of purchasing land for forestry purposes to an amount not exceeding the amount prescribed by the Minister to be owing at any one time; (f) for entering into agreements for the management of any land acquired for or declared to be required for forestry purposes; (g) for leasing, selling or otherwise disposing of any land acquired for or declared to be required for forestry purposes.” Conservation Authorities There are some natural heritage features such as significant wetlands and significant coastal wetlands where development and site alteration are not permitted. Typically, these policies are enforced by Conservation Authorities in concert with the local Ministry of Natural Resources staff. In addition, the Conservation Authorities administer Ontario’s Regulation of Development, Interference with Wetlands and Alteration to Shorelines and Watercourses. Clarington’s area is served by two Conservation Authorities, each with a different focus but both with the mandate to preserve the tree canopy. Of late, preservation has been the desired approach as opposed to replacement. Central Lake Ontario Conservation Authority (CLOCA) CLOCA owns just over 2700 hectares of land across its jurisdiction. Conservation lands have been acquired, protected, and restored in an effort to support CLOCA's primary mandate, which includes the protection, management, and restoration of the watershed’s important natural resources. Page 100 Clarington Forestry Service Delivery Review Page 25 Ganaraska Region Conservation Authority (GRCA) The watersheds of the GRCA covers an area of 361 square miles from Wilmot Creek in Clarington to east of Cobourg from the south shore of Rice Lake down to Lake Ontario. This area includes seven municipalities in whole or in part: Township of Cavan-Monaghan, Town of Cobourg, Township of Alnwick-Haldimand, Township of Hamilton, Municipality of Port Hope, City of Kawartha Lakes and the Municipality of Clarington. The Ganaraska Forest is at a pivotal moment in its history. The largest block of continuous forest in Southern Ontario, it is a huge expanse of 11,000 acres that represents one of the most successful conservation projects ever undertaken in central Canada. GRCA is a partner with Clarington I delivering the Trees for Rural Roads program. Local Organizations Several local organizations volunteer their time to protect the natural environment and tree canopy. Valleys 2000, Old Bowmanville Neighbourhood Association, Samuel Wilmot Nature Area Committee are but a few that contribute to tree preservation and planting. Of course, tree planting programs all involve volunteers. Regional and Local Governments Durham Region and the Municipality of Clarington both have roles to play in the protection, preservation and growth of the tree canopy and forestry services, urban and rural. Some of these roles are created through plans and regulations while others are matters of community choice. In addition, the Municipal Act allows for by-laws to be put in place to protect trees. Durham Region’s Tree By-law regulates woodlots over 1 hectare and Clarington’s Tree By-law. To fully understand tree preservation, provincial legislation must be considered collectively with Clarington’s and Durham’s Tree By-law. Page 101 Clarington Forestry Service Delivery Review Page 26 Environmental Benefits Clarington’s Urban Forest Strategy as well as thousands of documents articulate the benefits of trees. Some of the highlights include: 1. Public Health and Social Benefits Clean Air: Trees produce oxygen, intercept airborne particulates, and reduce smog, enhancing a community’s respiratory health. Access to trees, green spaces and parks promotes greater physical activity, and reduces stress, while improving the quality of life in urban areas. Studies show that urban vegetation slows heartbeats, lowers blood pressure, and relaxes brain wave patterns. 2. Environmental Benefits Climate change: Trees sequester carbon (CO2), reducing the overall concentration of greenhouse gases in the atmosphere. Energy conservation: Trees are natural air conditioners. The evaporation from a single tree can produce the cooling effect of ten room-size, residential air conditioners operating 20 hours a day. Tree windbreaks can reduce residential heating costs 10-15%; while shading and evaporative cooling from trees can cut residential air-conditioning costs 20- 50%. Water filtration and retention: Urban forests promote beneficial water quality and reduce storm water management costs. Wildlife habitat: Trees provide important habitats for numerous bird, insect and animal species. 3. Economic Benefits Communities and business districts with healthy tree- cover attract new residents, industry, and commercial activity. Some findings show that: • Homes landscaped with trees sell more quickly and are worth 5% to 15% more than homes without trees. • Where the entire street is tree-lined, homes may be worth 25% more. • Trees enhance economic stability by attracting businesses; people linger and shop longer when trees are present. Page 102 Clarington Forestry Service Delivery Review Page 27 • Where a canopy of trees exists, apartments and offices rent more quickly and have a higher occupancy rate; workers report more productivity and less absenteeism. 4. Tree Benefit “Fun Facts”: • Trees provide inviting and cool areas for recreation and relaxation such as playgrounds and parks. • Trees create a tapestry of color and interesting form that changes throughout the year. • The color green is calming and relieves eye strain. • Trees screen unattractive views and soften the harsh outline of masonry, metal, asphalt, steel and glass. • People walk and jog more on shaded streets, which encourages interaction with neighbors and improves the sense of community. • Trees absorb and block sound, reducing noise pollution by as much as 40 percent.14 14 https://canopy.org/tree-info/benefits-of-trees/ Page 103 Clarington Forestry Service Delivery Review Page 28 Clarington Forestry Organizational Structure At the time of review, Clarington Forestry Services were the responsibility of the Operations Department. Recent retirements have provided management with opportunities to review the forestry service and workload. In 2019, an arborist with extensive experience in the municipal forestry sector, was hired as a Lead Hand, reporting to the Supervisor, Parks and Cemeteries. The organizational structure was also realigned to improve service as shown in Figure 7. In order to coordinate contractor performance, a new Supervisor, responsible for contracts was created. Forestry contract management continued to rest with the Lead Hand. Forestry services in not mentioned in the structure nor are crews assigned to Lead Hands. Lead Hands are reassigned during winter months to handle winter control operations. Any forestry work is delayed over the winter months unless emergency operations are required. Workload management is very problematic. We observed that each day, Lead Hands determine what work is needed and staff are assigned at that time. With no “crews”, there is no defined workplan. This means that priorities change daily. Consequently, any non-urgent work is not planned. In Forestry Services, this means that the work orders are not being addressed in a timely manner. The Lead Hand arborist, being the only staff with this skillset, is completely responsible for the mounting customer requests with no staff support. As discussed in this next section, this is not sustainable. Page 104 Clarington Forestry Service Delivery Review Page 29 Figure 7: Operations Organizational Structure 2019 Page 105 Clarington Forestry Service Delivery Review Page 30 Operating Budget 2019 Summary & Comments Figure 8 illustrates that contracted services are becoming a larger percentage of the total expenses for Forestry Services. A contribution of $11.36 per capita annually based on the Municipality’s population of 92,013 (as compared to Brantford at $14.2 per capita). We noted that budgeted salaries and wages for 2019 were significantly lower than 2018 actual results. This may be due to the plan to outsource more work. It is important to note that the amount of work and expense has been significantly under-estimated since 2014. As shown in Figure 9, Forestry Services have been over budget every year. In 2014, this amounted to 99% variance. While this may have been due to allocation issues, it only changed slightly. Every year saw large variances indicating that the amount of work was not well known or planned. EXPENSE CATEGORY Total 2019 Budget Total 2018 Actuals Total 2017 Actuals Total 2016 Actuals Total 2015 Actuals Total 2014 Actuals CONTRACTED SERVICES 730,000$ 216,941$ 332,668$ 344,265$ 349,450$ 409,286$ FLEET ALLOCAITON 75,000$ 82,132$ 79,279$ 82,691$ 56,525$ 68,679$ SALARIES & BENEFITS FT 240,000$ 319,325$ 230,776$ 229,147$ 177,395$ 179,967$ Grand Total 1,045,000$ 618,398$ 642,723$ 656,103$ 583,370$ 657,932$ EXPENSE CATEGORY % of 2019 Budget % of 2018 Actuals % of 2017 Actuals % of 2016 Actuals % of 2015 Actuals % of 2014 Actuals CONTRACTED SERVICES 69.86%35.08%51.76%52.47%59.90%62.21% FLEET ALLOCAITON 7.18%13.28%12.33%12.60%9.69%10.44% SALARIES & BENEFITS FT 22.97%51.64%35.91%34.93%30.41%27.35% Figure 8:Clarington Forestry Operating Budgets and Results 2014-2019 (BUDGET) Page 106 Clarington Forestry Service Delivery Review Page 31 Figure 9: Clarington Forestry Budget Variances 2014-2018 Page 107 Clarington Forestry Service Delivery Review Page 32 Clarington Forestry Services’ Achievements Clarington Forestry Services has gone through a significant period of change and uncertainty, including the reorganization of the Operations department and outsourced services. The Forestry Services saw recent supervision and staffing changes that showed that the service had some long outstanding issues. It has only been recently with the recruitment of new staff that Operations has witnessed the customer service challenges and increasing workload. Management has recognized that contract management is time consuming, challenging and requires a special skill set. Hence, the changes to the organization included the centralization of this function. In time, perhaps management of forestry contracts can be handled by that new Supervisor position but the Organizational Review may affect the structure. Other accomplishments in the forestry area include the following: ✓ Urban Forest Strategy ✓ Climate Change Coordinator ✓ Work Order/Request Management Implementation ✓ Trees for Rural Roads ✓ Support for Community Programs and Volunteers (Valleys 2000, Samuel Wilmot Nature Area) ✓ Mill Street Trail ✓ Emerald Ash Borer tree removal/replacement program is near completion ✓ Tree inventory – commencement of tree information gathering and EAB assessment in parks Forestry Work Processes and Staffing The Manager of Operations and recently hired Lead Hand/arborist have taken the lead to develop work management with new software and changing business practices. However, long standing manual, time consuming processes remain and customer service is suffering. Work planning is reactive and not scheduled. Labour, materials and equipment usage are not tracked against work orders, but rather non- integrated outdated spreadsheets which are re- entered for payroll purposes. Customer service requests are taken by telephone/email and entered by administrative staff as opposed to customer initiation online. Customers Page 108 Clarington Forestry Service Delivery Review Page 33 have no access to updates on requests without staff interaction. Consequently, the true cost of work undertaken by staff is not known and cannot be easily comparable to outsourced services. Further, the time to complete these antiquated processes is taking valuable time away from customer services and the results are dissatisfaction and a lack of capacity to respond. Contractor Procurement and Performance Clarington Forestry Services has a combined service model of in-house and outsourced services as shown in Figure 8. Contractors are procured utilizing public tenders as well as a source of standing offers for equipment and emergency services. In the tenders reviewed during this project, we noted that each tree or area was identified in a table as well as a location. Operations staff put the tenders together and review the results upon receipt. Following contract award, the vendor must indicate when work is to be undertaken. Tenders indicate that an inspection from municipal staff is required before payment is released. Any issues with contractors generally surface from resident complaints and are registered in the work order management system. Managing contractors, procurement and the results is very time consuming. No mechanisms are in place to capture customer satisfaction of the work completed by contractors. However, anecdotal evidence indicates quality and timeliness issues. Staff indicated that a significant effort is involved and many complaints are received. However, the current work order system does not necessarily track the contractor or the time taken to undertake these inspections. In terms of performance, we noted that the tenders do not have specific evaluation criteria to which the vendor may be assessed. Concern was expressed over the available number of forestry contractors in the area. The contractors that perform quality work are very busy. Finding and retaining local suppliers of trees is also a challenge. Nurseries are finding that they cannot provide the supply at competitive rates. Therefore, there must be a balance between contract provisions, performance and monitoring. All this to say is that Forestry Services staff spend a significant amount of time and effort managing contracts without sufficient resources or processes. Page 109 Clarington Forestry Service Delivery Review Page 34 Clarington Forestry Service Profile Forestry Services in Clarington are similar to those in many municipalities. While much of the services focus on managing the urban forest, its vast rural landscape and protection of the trees outside of the urban areas is also important. The Forestry Services can be summarized in the following categories: 1. Municipal Urban Forest Management Managing the urban forest involves development of a strategy and management plan which outlines the Municipality’s plan for the future. It includes analysis of non-native species and mapping of encroachments and education program for residents. As mentioned above, in 2018, Clarington developed an Urban Forest Strategy which was adopted by Council in principle. This strategy, developed in house, was designed to preserve the tree canopy. At the time, there was some discussion concerning the imposition of a private tree bylaw which some municipalities have put in place. As a joint report, Planning, Engineering and Operations provided Council with some principles and intended actions. Table 1 provides a summary of the strategic objectives and findings. The action items are also summarized. However, one will note that no specific staff or department were assigned responsibility for results. Timelines were not identified nor were associated costs allocated. The next significant step that was recommended in the report was the development of an Urban Forest Management Plan which would incorporate most of the action items discussed below. However, no additional work has been undertaken since the acceptance of the report. This may be due, in part, to the fact that forestry responsibilities are shared with several departments with no specific lead. Page 110 Clarington Forestry Service Delivery Review Page 35 Table 1: Urban Forest Strategy - Key Objectives and Action Items Strategic Objective Category Strategic Objective Description Objective Action Items 3.1 Tree Inventory and Assessment 3.1.1 Tree Inventory and Forest Canopy Assessment Regular updates to the street tree inventory should continue and resources should be directed to complete an inventory of the individual trees in parks and open space areas. Staff will investigate partnership opportunities with interest groups, schools, conservation authorities, and private land owners to collect information on the quantity and quality of trees and forests on private land through the use of satellite imagery, volunteer data collection and other data acquisition opportunities. 3.1 Tree Inventory and Assessment 3.1.2 Street and Park Tree Diversity Objectives Diversification of the tree species within parks and on boulevards provides a healthier, more robust tree inventory that is less prone to serious pest issues (i.e. insects and diseases). The long- term goal is to have all street tree species occupy less than 10% of the overall total tree inventory. Staff has been diversifying the street tree inventory over the last decade 3.1 Tree Inventory and Assessment 3.1.3 Age Class Distribution Objectives A diverse age distribution of trees within parks and on boulevards reduces issues of peak year declines due to natural mortality. Due to the large proportion of young trees as a result of subdivision expansion, there will be a future issue with natural mortality and decline as these trees become mature within the same decade An analysis and future projection of growth, planting and management as part of an Urban Forest Management Plan is recommended to identify strategies to develop a more diverse-aged tree inventory over the long-term. 3.2 Management of Municipal Forests 3.2.1 Forest Succession Plans An Urban Forest Management Plan would include objectives and individual forest succession plans for municipal owned forest in parks and open space areas. Specifically, many Private tree plantings also contribute to the urban forest. In new subdivisions, developers are required to provide new home owners with vouchers for an additional tree beyond Page 111 Clarington Forestry Service Delivery Review Page 36 Strategic Objective Category Strategic Objective Description Objective Action Items forested areas, such as valleylands require management to ensure the long-term sustainability of these lands. the street trees that are planted as part of the public realm. 3.2 Management of Municipal Forests 3.2.2 Non-native invasive species management Non-native species are becoming more common in natural areas within the Municipality. Dog-strangling vine, garlic mustard, etc. are serious problems that will impact long term sustainability of forested lands. The Ontario Invasive Species Plant Council has a mapping tool on its website that members of the public can use to report an invasive species sighting Staff will continue to investigate partnerships, provincial and federal funding opportunities to identify, map and address the problem caused by non-native invasive species. 3.2 Management of Municipal Forests 3.2.3 Mapping of encroachments and education program for residents Encroachments by adjacent landowners into municipal forests and valleylands result in the destruction and/or degradation of natural areas. They also act as a point source of non- native invasive species, and can have long- lasting impacts to natural areas. Subdivision developers in Clarington are required to provide education materials to new residents on the impacts of encroachments on the natural environment. Staff will investigate additional methods of providing information to existing residents who live adjacent to natural areas. 3.3 Level of Service 3.3.1 Inspection Program A systematic tree inspection program following the International Society of Arboriculture (ISA) standards is a best practice for all tree maintenance programs. Identification of tree issues early with follow- up maintenance can increase the lifespan of a tree, significantly reduce risk of damage caused by tree structural failures, and reduce A regular system of inspection and reporting would be developed for municipal street and park trees as part of a comprehensive Urban Forest Management Plan. Page 112 Clarington Forestry Service Delivery Review Page 37 Strategic Objective Category Strategic Objective Description Objective Action Items the long-term costs of management of tree inventories. 3.3 Level of Service 3.3.2 Maintenance (Pruning) Cycle Regular pruning of trees increases their health, longevity and significantly reduce risk of damage caused by tree structural failures. It also acts to reduce the number of service requests made by residents to report tree problems that would not exist if the tree had been pruned regularly. Staff will review the pruning program towards the goal of achieving a regular maintenance cycle of 7-10 years. 3.4 Customer Service / Service Delivery 3.4.1 Response Protocols Currently no specific performance measures. This process will be reviewed with the goal of reducing the timeline between receiving service requests and final closing of the service request. Staff will review the current process for receiving service requests through to the completion of the tasks and tracking of work. 3.4 Customer Service / Service Delivery 3.4.2 Public Education and Information Availability Educating community partners on the value of native species and the dangers of invasive species could result in less long-term impact on natural areas. Clarington’s website and social media could be a good avenue to provide information to the public. Trees on private properties provide benefits to Clarington as a whole without any additional investment from the municipality. A comprehensive review and update of the Urban Forestry information on the website needs to be completed. Create public education opportunities on the benefits of protecting and managing trees on private property. 3.5 Tree Protection and Management 3.5.1 Private Tree By-law Tree by-laws regulating injury to and destruction of trees on private property is one tool that some municipalities in Ontario have implemented to try and ensure that trees Staff do not recommend that Clarington introduce a Private Tree By-law at this time. Future updates to the Urban Forest Strategy and Tree By-Laws will reassess the need for a Page 113 Clarington Forestry Service Delivery Review Page 38 Strategic Objective Category Strategic Objective Description Objective Action Items considered significant in a municipality are not removed without good reason. However, such by-laws can evoke strong sentiment among some members of the community who feel that their private property rights are being infringed upon. Private Tree By-law as our urban areas mature. 3.5 Tree Protection and Management 3.5.2 Review Clarington’s Tree By- law Bylaw was enacted in 1997. Staff will plan regular reviews to the existing Tree By-law on a 5-year cycle to ensure that changes to legislation, organization and relevance are kept up-to-date and compliment the Region’s By-law which applies to woodland areas over 1.0 hectare. 3.5 Tree Protection and Management 3.5.3 Formalize the review process for capital projects with tree impacts. Municipal construction programs do not have formal program to protect trees. Staff will review the process in place for capital projects and recommend any changes necessary to ensure the protection of trees on Municipal construction projects. 3.5 Tree Protection and Management 3.5.4 Increase Oversight Correct implementation of Tree Protection measures is the best practice for providing tree protection. Training and any other tools or resources that are made available for inspectors will increase the successful implementation of tree protection standards and practices. Staff will research available training courses to provide the knowledge to inspection staff that is critical in ensuring that tree protection is implemented on construction sites. 3.6 Forest Health and Pest Management 3.6.1 Implementation of a Pest Preparedness Program New pests, or changes to existing pests will result in the need to develop a Pest Preparedness Program to ensure Clarington stays ahead of impending issues. Staff will monitor current and future forest pests (insects and diseases) that may have an impact on the urban forest. Page 114 Clarington Forestry Service Delivery Review Page 39 Strategic Objective Category Strategic Objective Description Objective Action Items 3.6 Forest Health and Pest Management 3.6.2 Emerald Ash Borer Program EAB continue to be found outside of urban areas. Staff will continue to address the impacts of emerald ash borer on our inventory of ash trees. The program will be reviewed and adjusted to ensure the most efficient and up- to-date information is used in decision making. 3.6 Forest Health and Pest Management 3.6.3 Assessment of the Watering Program/Policy for newly planted trees The majority of street trees in Clarington are planted by the developers of subdivisions. Staff will review and update the watering program for newly planted street trees to ensure trees are properly cared for in the critical establishment phase of tree planting. Staff will investigate making Gator Bags, or similar slow release watering systems, a requirement for new street tree planting projects. 3.6 Forest Health and Pest Management 3.6.4 Identification and planning for future forest health issues and climate change Trees have a significant lifespan and staff must make decisions today that will affect future generations. For example, the choice of tree species and location in a park or on a boulevard can have affects for several decades into the future. Staff will monitor and stay current on research and information available related to future forest health issues, including climate change Page 115 Clarington Forestry Service Delivery Review Page 40 In summary, the Urban Forest Strategy set out some key objectives and action items. However, no particular department, staff member or team was identified to undertake these initiatives. Since 2018, very little progress towards these goals has been made. This is mostly due to the lack of funding to support the plan and no responsibility/accountability. As identified in the Organizational Structure Review, forestry is shared between Planning, Engineering and Operations which results no direction. In order to meet the requirements of the changes to the Municipal Act, the municipality must adopt a policy to protect/enhance the tree canopy. If this strategy is intended to meet this requirement, it should formalize the policy and commitment. 2. Tree Inventory and Assessment A tree inventory is the physical count of the trees, their species, size, age and condition. Part of being able to manage the tree canopy, plan the forestry work over time, is to understand the population of possible tree issues and develop a preventative maintenance program. Tree asset management is no different any other asset. The Municipality must collect the assets, assess their condition and determine the level of service that the asset is intended to provide. The asset management plan should include a financing strategy for lifecycle management activities, such as pruning and replacement. The only difference between tree assets and infrastructure assets is that the O.Reg 588/17 is that trees are living. No specific requirement in the regulation points to natural assets but there are good reasons for doing so. The Municipal Natural Assets Initiative provides compelling reasons to manage the natural assets as follows: • Natural assets such as aquifers, forests, streams, riparian areas and foreshores can provide municipalities with vital services equivalent to those from many engineered assets. • Emerging evidence shows that identifying, measuring and managing natural assets as part of an overall asset management strategy can save capital and operating costs and reduce risk. • Local governments are finding that natural assets are resilient and adaptable to climate change. With effective monitoring, maintenance and rehabilitation now, natural assets can provide service and add value for decades in ways that many engineered assets cannot match. Page 116 Clarington Forestry Service Delivery Review Page 41 • In some communities, development cost charges may be able to support the rehabilitation of natural assets. • There are external funding sources to support the maintenance/rehabilitation of municipal natural assets. • Some natural assets serve multiple purposes. For example, parks may reduce flooding risks as well as provide recreational benefits and can be managed to maximize several objectives. 15 15 https://mnai.ca/about/ Staff indicated that it does not have an accurate or complete tree inventory. Ideally, the inventory would be updated as work orders are completed utilizing GPS. However, the process is not currently in place. The most recent street tree inventory was completed in 2012. Since then the inventory has grown from approximately 18,000 trees to over 21,000 trees as a result of new subdivision development. The inventory has not been updated with these new trees and does not include any trees outside the urban areas. Maple is the predominant street tree (44%), with Lindens (14%) being the next most common genus of street tree Figure 10. In 2012 Ash represented 13.5% of Clarington street trees but the effects of Emerald Ash Borer have drastically reduced their numbers and ash are no longer planted on Clarington streets. Figure 10: 2012 Tree Inventory - Source: Urban Forest Strategy Page 117 Clarington Forestry Service Delivery Review Page 42 Forestry Staff have been updating the inventory in a spreadsheet for the tree replacements as a result of the Emerald Ash Borer but there is no comprehensive inventory that can assist in overall tree management plan. A tree inventory is not only about the number and types of trees but the size and condition information are important indicators of age and expected remaining life. In order to implement good arboriculture practices, the Municipality first need to know the population, type and condition of the trees. This inventory could be updated through the use of students or interns. 3. Tree Replanting Programs Tree replanting is related to inventory in that Clarington attempts to replace or increase the tree canopy through a variety of programs. These include: • Annual street tree replacement program to remove and replace dead street trees in assumed subdivisions. • Emerald Ash Borer have resulted in the removal of over 2,300 street trees over the past 5 years from municipal boulevards. • Approximately 4,500 trees have been planted on municipal properties as part of community planting programs implemented with funding from outside sources such as Highway of Hero’s Tribute Program, Evergreen, The Carbon Farmer, OPG/Scouts Canada, and others. • Trees for Rural Roads program has resulted in the planting of 5,000 trees along rural roads. In terms of the tree -replanting program, there have been delays due to the Municipality’s practice and policy. Currently, when a tree has been scheduled for removal, a paper form is left with the resident who must contact the Operations Department to indicate Figure 11: 2012 Tree Inventory Based Upon Size - Source: Urban Forest Strategy Page 118 Clarington Forestry Service Delivery Review Page 43 which of the seven trees they would like planted on their property. The form indicates that it could take “up to 2 years before stumps are removed and trees are replaced on our current annual budget allocation”. While this seems to be a service that some residents appreciate, record keeping is challenging and residents are slow to respond, or not at all. Operations staff must collect and monitor this information as opposed to developing a plan for the types of trees that will best suit the neighbourhood in terms of variety and likely to survive based upon soil conditions/location. The process adds complexity, time and cost. It is also possible that, because of volume, that the Municipality may not get the best prices by having such large selection. The other challenge is that, because it is a paper process, it is unknown how many forms are given out or lost. This means that Municipal staff may have to follow up with the homeowner several times before a choice is made. Most municipalities, including Oshawa simply determines the tree to be planted based upon their expert opinion on the best tree for the location. Additionally, there does not seem to be a documented process to ensure that the trees that are planted in all of these programs are updated in the tree inventory. 4. Managing Forest Health and Pest Control Forest health and pest control has been the primary focus of Clarington’s forestry services over the past 5 years. Unfortunately, most of North America has been dealing with the effects of the Emerald Ash Borer Beetle infestation. Over 8 billion ash trees have been affected. In 2013, Clarington identified that 2,466 trees were infested, 242 of which were destroyed by the ice storm that year. Since then, the tree removals have been done through a combination of contracted and in-house staff. As identified in a report to Council in January 2019, the program cost to date was as follows: Wages $1,037,135 Equipment 390,472 Contract services 1,367,011 Total $2,794,619 Page 119 Clarington Forestry Service Delivery Review Page 44 Additional one-time funding was approved in 2019 of $267,860 to remove the remaining 1,363 infected trees in the urban areas.16 In 2019, staff commenced collecting the inventory of the number and size of ash trees that are located within Municipal woodlands, parks or rural roadways. The cost to remove these infected trees is still unknown but likely larger than the amount already spent. Needless to say, the EAB impact is not only large in terms of cost, time and tree removal but affects Clarington’s goal to maintain its tree canopy. The Municipality continues to replace these trees through replanting efforts. 5. Tree Maintenance Maintaining trees is very important for their sustainability. Like any other asset, preventative maintenance should be undertaken on trees so that they will live their useful lives. Similar to humans, trees need regular pruning which increase their health, longevity and significantly reduce risk of damage caused by tree structural failures. 16 OPD-001-19 Update on the Replacement of Emerald Ash Borer (EAB) Infected Trees, January 7, 2019 Systematic tree inspection program is recommended by the International Society of Arboriculture (ISA) standards as a best practice for all tree maintenance programs. Identification of tree issues early with follow-up maintenance can increase the lifespan of a tree, significantly reduce risk of damage caused by tree structural failures, and reduce the long-term costs of management of tree inventories. Unfortunately, Clarington’s Forestry Services are primarily reactive with respect to pruning. Ideally, a cycle of inspections and pruning would be developed and planned. Inspections are being done, specifically for EAB and when a customer request presents the need. Clarington’s Purchasing Department provided the tenders issued and awarded from 2015 onward which shows that the work for EAB removal and stump grinding represented the majority of contracted work and the average cost (excluding staff time) is $166 per tree (Table 2). It is unknown how many trees are pruned by staff and contracted pruning only impacted 648 trees or 3% of the known 21,000 tree inventory. Page 120 Clarington Forestry Service Delivery Review Page 45 Best practice indicates trees should be pruned every 7 years17 representing $609,000 (21,000 x $29). As reiterated in the Urban Forest Strategy, research indicates that if the average lifespan of a street tree can be increased by even 10 years, it would reduce the annual tree planting program costs by approximately 20%. Ongoing maintenance significantly reduces the number of service requests made each year. In addition, a more structurally sound tree is less likely to be damaged in a storm, or cause damage to Municipal and private property (decreasing Municipal liability). Table 2:2015-2019 Tender Results Tender by Type of Work Number of Trees Total Cost Cost per Tree EAB 1,284 $207,055 $161 Stump Grinding/Removal 1,561 $197,806 $127 Tree Pruning 648 $18,719 $29 Tree Removal/ General Maintenance 602 $165,761 $275 Tree Supply/Delivery 370 $153,563 $415 Grand Total 4,465 $742,904 $166 Consequently, the Municipality should be allocating $87,000 per year for pruning once it has created a regular pruning schedule. However, there is likely a significant backlog of pruning that has not been undertaken that must first be dealt with. 17 International Society of Arboriculture Ontario (ISAO) recommends minimum and “Best Management Practices” Figure 12: 2015-19 Tender Results - Percentage of Work by Type Page 121 Clarington Forestry Service Delivery Review Page 46 6. Customer Service Responding and addressing customer requests and complaints is currently the key focus for the Forestry staff. The process involves calls by customers on a variety of issues including notification of fallen trees, pruning requests or outstanding replanting. Staff enter the information into the CityWide Service Request module which generates a work order for staff. These work orders get forwarded to the Lead Hand via email. Updates are provided upon return calls or contact with the customer. Online service requests or updates are not available as seen in many municipalities. From these requests, a work order is generated and staff are assigned to complete the work. This currently is sent to the Lead Hand. According to the Urban Forest Strategy, 2015-2017 work order numbers were as follows: • 2015-935 work orders • 2016-1047 work orders • 2017-1175 work orders In late June 2017, the Operations Department implemented CityWide Service Requests which is used to log customer requests and complaints. Figure 13 illustrates that since implementation to September 19, 2019 that Forestry Services has received 4,090 requests. In 2017, assuming 1,175 total work orders, the average number of work orders per month is 140 or 1684 per year. However, it should be noted that the trend is increasing (185 per month in 2019). It is important to note that, of the 4,090 work orders received, 53% are outstanding and of these 62% have not been started. This represents a significant workload and also indicates levels of satisfaction with the service. 207 work orders have had customers called in with second and third requests over this period. In fact, the workload is not completely accurate as staff indicated that outstanding work orders from their prior system, WorkTech were not transferred to the new system therefore, it is not clear how many are outstanding. That is, the status of the 2,474 work orders from 2015 to June 2017 is not known and currently not tracked in CityWide. Page 122 Clarington Forestry Service Delivery Review Page 47 Number of Work Orders Status Year Completed In Progress Not Started Scheduled Second Request Third Request Update Grand Total 2017 527 96 13 13 10 11 13 683 2018 868 221 582 36 45 25 25 1,802 2019 528 108 751 140 41 13 24 1,605 Grand Total 1,923 425 1,346 189 96 49 62 4,090 Figure 13: Forestry Work Orders by Status June 28, 2017-September 19, 2019 - Source Citywide Figure 14: 2017-2019 Work Orders by Month and Status Page 123 Clarington Forestry Service Delivery Review Page 48 Of particular interest is the time of year in which the requests are received. As illustrated in Figure 14, the number of work orders received in winter months is increasing. This would indicate that the operating model whereby forestry staff are assigned to winter control will only exasperate the growing problem. On average, it takes 101 days to complete a service request as shown in Figure 15. The average age of the outstanding work overs was 233 days (over 7 months). Therefore, the time to resolve complaints appears to be increasing. We are of the opinion that these outstanding work orders represent a liability to the Municipality, both in terms of risk as well as cost. First and foremost, if the Municipality is aware of a problem and does not address it resulting in an accident or property damage, it may be subject to challenges. The outstanding work most certainly represents a liability in terms of cost. Some of the work orders may be completed with little effort but at minimum each work order would require some attention. As we do not have historical information representing the cost for Municipal staff to complete each type of work order, we can only make some assumptions. Based upon the tender results, the minimum cost of a work order is as follows: $29 (pruning), $415 for the purchase of a tree. On average the outsourced cost was $166 excluding any staff time. Therefore, as shown in Figure 16, a very conservative estimate of the cost of the work orders outstanding at September 19, 2019 approximately $350,000 (or approximately 4.5 full time equivalents (at $75,000 annual salary). This does not include the internal costs of administration or the hidden cost of dissatisfied customers as they wait for service. Status Average of Days to Complete, Update or Aging Completed 101 In Progress 229 Not Started 243 Scheduled 154 Second Request 271 Third Request 200 Update 251 Average 173 Figure 15: Average Aging - Work Orders Created June 2017- September 2019 Page 124 Clarington Forestry Service Delivery Review Page 49 7. Tree Protection and Management Planning Act and Official Plan For projects proceeding under a Planning Act application, there is a rigorous process for the determination of natural heritage area protection and tree preservation. A tree preservation plan is often a requirement for a complete application and it is prepared in accordance with the Environmental Impact Studies. Clarington’s Official Plan provides good protection of the natural heritage system and its ecological integrity. However, the Official Plan is not an enforcement tool but it is the only scenario where the Municipality can prevent the removal of trees on private property. The Municipal Act The Municipal Act grants the authority to upper and lower tier municipalities to enact a by-law to prohibit or regulate the destruction or injuring of trees and requires the Municipality to have regard to good forestry practices as defined in the Forestry Act. An upper tier municipality’s authority governs woodlands as defined in the Forestry Act that are one hectare or more in area. New legislative requirements effective March 1, 2019, require the Municipality to establish a policy on “the manner in which the Municipality will protect and enhance the tree canopy and natural vegetation in the municipality”. Days/Aging 0-90 181-365 366-730 91-180 730+Unknown Total Number of Work orders Total Sum of Estimated cost Status Number of Work orders Sum of Estimated cost Number of Work orders Sum of Estimated cost Number of Work orders Sum of Estimated cost Number of Work orders Sum of Estimated cost Number of Work orders Sum of Estimated cost Number of Work orders Completed 1,164 203 102 318 18 118 1,923 In Progress 112 $18,032 100 $16,100 92 $14,812 112 $18,032 9 $1,449 425 $68,425 Not Started 281 $45,241 632 $101,752 275 $44,275 148 $23,828 10 $1,610 1,346 $216,706 Scheduled 103 $16,583 13 $2,093 20 $3,220 45 $7,245 8 $1,288 189 $30,429 Second Request 28 $4,508 10 $1,610 31 $4,991 21 $3,381 6 $966 96 $15,456 Third Request 19 $3,059 4 $644 14 $2,254 12 $1,932 49 $7,889 Update 20 $3,220 7 $1,127 18 $2,898 14 $2,254 3 $483 62 $9,982 Grand Total 1,727 $90,643 969 $123,326 552 $72,450 670 $56,672 54 $5,796 118 4,090 $348,887 Figure 16: Work Orders by Aging Bucket and Estimated Cost Page 125 Clarington Forestry Service Delivery Review Page 50 Durham Region Tree By-law The Durham Region Trees By-law came into force on June 27, 2012, replacing an earlier by-law. The Regional Tree By-Law reflects the Region’s commitment to protect forested areas and the natural environment. The Regional Tree By-law applies to woodlands within the Region that are 1 hectare (2.5 acres) in size and greater. It does not apply to areas less than one hectare. In 2019, the Region undertook consultations with the view to update this by-law. Some proposed changes include updated fees and additional clear- cutting provisions. The Region has two types of permits: Good Forestry Management Practices Permit ($50) and a Clear-Cut Permit ($100 plus public notice advertising costs). Clarington Tree By-law Clarington’s Tree By-law 97-35 is twenty years old and applies to woodlands having an area equal to 0.2 hectare or greater but less than 1 hectare south of Taunton Road. The upper tier (Durham Region) Tree By-law applies to areas in excess of 1 hectare. Clarington’s size restriction was set in 1997 when the By-law was enacted. The By-law’s purpose was to protect woodlands not private trees. Approximately 1,200 woodlots are covered by the bylaw with a permit fee of $25. Recent discussions regarding Clarington’s Tree Bylaw have surfaced regarding the regulation of private trees. Many municipalities have private tree bylaws which have seen only moderate success and its success is predicated on the amount of knowledge and support from citizens. The significant cost of implementation surrounds education and enforcement. Clarington Council has discussed private tree bylaws on occasion, particularly when there is an outcry from communities when an old, beautiful tree is being removed on private property. This is a challenge for the Municipality as there is no mechanism to handle these complaints unless the property is subject to a development application. Consequently, it would seem that a private tree by-law is not feasible from a resource standpoint, particularly given the fact that Forestry Services cannot handle its current workload. Public - private partnerships could serve to increase the knowledge of the importance of trees and look for additional stewardship projects to protect the tree canopy. Page 126 Clarington Forestry Service Delivery Review Page 51 Strengths, Weaknesses, Opportunities and Threats (SWOT) SWOT (Strengths, Weaknesses, Opportunities and Threats) analysis identifies strengths and weaknesses within an organization, in this case the Forestry Services within the Operations Department, and outside opportunities and threats. The analysis pairs external threats with internal weaknesses to highlight the potential opportunities and the threats that could impede on its success. We undertook a SWOT session with Clarington staff responsible for forestry including, the Director and Manager of Operations and Manager of Internal Audit. Our interviews with stakeholders served to augment the SWOT results. Staff indicated that the biggest weakness was the lack of work management and the biggest threat was the ever-increasing workload without sufficient resources. Contractor management has only added to the workload due to quality and timeliness concerns. Improving Performance, Identifying Opportunities The SWOT analysis provides the Municipality with actions that should be considered to focus on the Forestry Service and provide new opportunities that could be explored. The analysis in this report pairs the internal strengths with the external opportunities. • Strengths: characteristics of the organization, or project team that give it an advantage over others. • Weaknesses (or Limitations): are characteristics that place the team at a disadvantage relative to others • Opportunities: external chances to improve performance • Threats: external elements in the environment that could cause trouble for the municipality or project Forestry services have many strengths that will help them succeed. In particular, the recent addition of a trained arborist, new leadership and organizational structure. Council support and commitment for the EAB program illustrates the desire to protect the tree canopy. Service Request/work order systems are being implemented and will serve the staff and customers when fully operational. However, a key weakness is the lack of trained forestry resources to handle the volume or manage the work. While Council support is evident for EAB, there is a lack of understanding of all of the issues. This may be primarily due to the fact Page 127 Clarington Forestry Service Delivery Review Page 52 that the Municipality does not adequately track the impact of the workload on resources. In particular, time, materials and equipment are not tracked against the work orders and processes are not in place to make that happen. Technology provide opportunities to improve business processes but investment in training, mobile applications is needed to leverage new functionality. The movement of forestry staff to snow plowing pushes workload accumulating over the winter months. This may result in a loss of key personnel. Contractors can provide opportunities for workload management but also identified as a threat, given the number of qualified vendors. Specific skillsets and resources are required to manage contractor performance and respond to customer concerns. Local nurseries are unable to provide tree supplies. Recent tenders resulted in significant change orders. A lack of complete tree inventory also creates challenges as there is no easy mechanism to capture threats to the species. As the climate changes and new invasive species are introduced into the area, workload will continue to be threatened as well as the environment. Customer choice of tree when removals has occurred is appreciated by some but adds to workload and time to replace trees. Staff must track and follow up on paper-based process of tree requests. Partnerships and volunteers provide opportunities for education and expanding and protecting the tree canopy. However, every initiative requires resources and a plan in order to bring these opportunities to life and keep them active. Page 128 Clarington Forestry Service Delivery Review Page 53 Page 129 Clarington Forestry Service Delivery Review Page 54 Benchmarking – Why Compare to Other Communities? For the purposes of the project, comparator communities were selected as municipal comparators based on population size and growth over the past five years. As well, we looked at municipalities that have an established Urban Forestry service to give Clarington some ideas for the future as it grows. While we are not suggesting that Clarington create a separate unit that is seen in municipalities such as Toronto, Windsor, Oakville, Aurora, we did gain some insight on opportunities from these municipalities. The primary purpose of benchmarking and comparative analysis is to understand the performance of comparator municipalities and to identify opportunities to change how the Municipality’s organization is aligned to deliver municipal services. We looked at communities with Forestry operations similar and dissimilar to provide information on service delivery models. It is imperative to understand that comparators must be taken as information and not an indicator of effectiveness. Forestry services are unique to each municipality in terms of the current state and location as well as climate issues. Each model has its advantages and disadvantages. Key Observations & Best Practices Common to the Benchmarked Municipalities Service Delivery Urban forest management in Ontario is generally conducted using the model of joint municipal and contracted service provision. This model is applied in cities such as Brantford, Windsor, Hamilton, Burlington, Oakville, Mississauga, London, Toronto, Pickering, Oshawa and Ajax. The key variable is the relative distribution of specific operations between contractors and staff. In most examples, municipal staff and contractors share the tasks of routine maintenance such as pruning and tree removals. Planting is often conducted as part of capital projects, with additional infill planting undertaken by the municipality or contractors by tender or volunteer program. Below are several case studies which highlight municipalities operating under both common service delivery models. Page 130 Clarington Forestry Service Delivery Review Page 55 City of Brantford - Contracted Service Delivery – Moving to In House Delivery Model Brantford was one of few municipalities which contracted out the entirety of their urban forest maintenance requirements for a period of time. However, in 201918, a study recommended bringing this in house due to quality and customer service concerns. The report indicated that “Currently tree planting operations are contracted annually via a tender process and awarded to the landscape contractor with the most competitive bid. Over the last few years issues relating to quality control, competency, adherence to specifications and timely delivery have become problematic resulting in delays, resident frustration and issues with tree health and loss”. The City's staff was comprised of one urban forestry coordinator and one technician, who supervised the maintenance or inspection of approximately 60,000 trees on a relatively short five-year pruning cycle, as well as the annual establishment of approximately 900 trees. 18 In- House Forestry Operation establishment. At the June 2018 meeting of the Major Service Contract Task Force Study Group, Staff were directed to refer an option for an In-house Forestry Operational Division ±Tree Maintenance Services to the 2019 The total change to an in-house service resulted in an additional 10 full time equivalents and $1.3 million. This included the addition of 2 Arborists, 2 grounds people in the “In-house Forestry Operations” plus 1 supervisor, 1 Lead Hand and 3 grounds people in the “in-house Tree Planting Operations”. Town of Oakville, ON - Combined Service Delivery Oakville's urban forest is managed by the Town's Parks and Open Spaces Department, a division of the Community Services Commission. The municipally- owned urban forest includes street trees, woodlots, parks, natural ravines and valleys. The Forestry service section is comprised of various activities that include forestry administration, large tree care, municipal tree protection, forest stewardship and health, and cost- recovery activities that Forestry Services provides to external customers. Such services currently include utility line clearing for Oakville Hydro and street tree maintenance along Regional roads for Halton Region. Estimates process for consideration (CPREC 2018-039). Page 131 Clarington Forestry Service Delivery Review Page 56 The Forestry services section is comprised of 30.4 full- time equivalent staff, with a gross budget of $4.2 million for 2019. The Urban Forest Strategic Management Plan is a 20- year plan that sets out the steps necessary to achieve short medium long-term goals for the urban forest within the framework of the town’s official plan. The 20-year period (2008-2027) is supported by a series of four management plans of five-year duration. Annual operating plans complement the five-year plan. The principle of adaptive management permits flexible tree operations by town staff that responds to changes in the environment, the community and the direction of town policy. The Town of Oakville and its partners used cutting edge technology to identify, catalogue and map public (town-owned trees) in Oakville, including ash trees, to create a tree inventory. But the tree inventory is based on data collected in 2009 as well as projections created by mathematical models, and therefore it may not be 100 per cent accurate. The public tree inventory is online with a red or yellow circle around them. An “x” indicates the tree is dead or dying and will be removed for public safety. City of London, ON - Combined Service Delivery London's forestry operations are managed by the Transportation and Roadside Operation Group of the Environmental and Engineering Services Department. City Trees in the inventory is represented by green dots on CityMap online. The group manages over 170,000 street, park and woodlot trees. The majority of pruning and removal services are carried out by municipal staff, but approximately 25% of services, including maintenance and consulting, are carried out by contractors. Forestry operations are carried out by a staff of 27.5, with a budget of $4.5 million in 2019 + $2.2 million in capital expenditures. City of Mississauga, ON - Combined Service Delivery Mississauga's urban forest is managed by the Parks and Forestry Unit which consists of 35 full time equivalents. In 2019, the City spend $7.8 million for capital including $188,000 to update the tree inventory. New tree planting amounted to $777,000. The contracted services specifically for forestry was not evident but total for parks only represented 10% of Page 132 Clarington Forestry Service Delivery Review Page 57 the budget. Therefore, it would appear that the majority of forestry services are completed in house. Forestry Fees and Charges include Street Tree Planting and Forestry Inspection services among others.19 Staff carries out routine maintenance, as well as emergency pruning and removals of City-owned trees. The City also relies on contractors to carry out proactive maintenance including block pruning and risk mitigation. Mississauga's annual combined urban forestry budget is approximately $9 million. A number of municipalities permit residents, at their own expense, to hire contractors to conduct maintenance on city-owned trees. In the City of Toronto, for example, an "Agreement for Contractors to Perform Arboricultural Services on Municipality Owned Street Trees" enables a property owner to contract standard tree maintenance work to a municipality approved tree service company. This option is made available in the event that the property owner wishes to expedite a request for standard tree maintenance and to avoid waiting for municipal Forestry crews to conduct the required work. Similar 19 http://www7.mississauga.ca/documents/Parks/forestry/2019_Feesand Charges_web.pdf programs exist in cities such as Winnipeg, MB and New York, NY, among others. Typically, this is regulated through a basic permitting process, and contractors must meet specific criteria in order to obtain approval to conduct works. Ajax, Whitby, Oshawa and Pickering – These Durham municipalities provide forestry services in a combined service delivery model with ranges of 30-50% contracted services. Urban forestry plans or strategies have been undertaken and are being enhanced each year. All municipalities have an EAB program and have been undertaking tree inventories. Pruning Practices Many municipalities inspect and maintain street trees in a scheduled, cyclical manner. This is termed "grid", "block" or "cyclical" pruning. There are many variations to a cyclical pruning approach; some municipalities distribute annual pruning activities across the whole land area, pruning a portion of every neighbourhood each year (e.g., Vancouver), while others maintain trees in one or two areas of their Page 133 Clarington Forestry Service Delivery Review Page 58 jurisdiction in a given year and move elsewhere in the next phase of the cycle. Pruning schedules enable staff and contractors to cover more of the land area and enables better inspection of the urban forest as a whole. However, that crew will return to the same general area every year, whereas utilizing the latter approach, they would not return again until a new cycle begins five years later. Generally, trees are visually inspected during the course of cyclical pruning for signs of declining health and risk. Some municipalities have effective means of electronically tracking the results of such inspections, while for others this remains a shortfall. Tree Protection Many municipalities have developed comprehensive tree protection specifications for implementation during construction near trees. Leading examples include: · City of Burlington, ON -Spec No. SS12 - Tree Protection and Preservation · City of Toronto, ON - Tree Protection Policy and Specifications for Construction near Trees · Regional Municipality of York, ON - Street Tree Preservation and Planting Design Guidelines · Town of Markham, ON - Trees for Tomorrow Streetscape Manual · Town of Oakville, ON - Tree Protection and Preservation Guidelines for Site Plan Applications · Town of Richmond Hill, ON - Tree Preservation By-Law No. 41-07 Fact Sheet No. 5 - Guidelines for Asset Inventory and Request Management A few municipalities have integrated, or are beginning to integrate, urban forest management into digitized, enterprise-wide physical asset management systems. As asset management for tangible capital assets expand, this will become more common. Some examples include the City of Burlington, Town of Oakville, City of London who have also allowed access by the public through GIS and Open Data. Maintaining the inventory is one part but it can also assist with pruning cycles, condition and risk assessments of trees. Some municipalities allow for online service requests, but few are specific for forestry issues. Not all have the ability to receive updates or track progress online. Further, some such as Pickering, Mississauga and do not isolate the type of request for forestry. In this regard, Oshawa would be considered to be a leader as it has its own area for tree requests by type and customers can log in and track the progress as shown in Figure 17. Page 134 FIGURE 17: SERVICE OSHAWA ONLINE - TREES Page 135 Clarington Forestry Service Delivery Review Page 60 Key Findings and Opportunities for Improvement The review of Clarington’s Forestry services, benchmarking, analysis of workload and performance as well as financial results indicates that there most of the opportunities for improvement can be categorized into the following key opportunities: i. Work Order Processes ii. Organization iii. Customer Relationship Management iv. Performance Measures v. Equipment and Rates vi. Bylaw Updates; vii. Strategy and Partnerships Figure 18: Key Improvement Opportunities Page 136 Clarington Forestry Service Delivery Review Page 61 Forestry Services Work Management Practices are Reactive Process walkthroughs and data analysis revealed that Forestry Services are primarily reactive and little time is spent work planning. An illustration of reactive response is illustrated by the EAB infestation. If the Municipality was proactive with a forest management program, it would have been able to better respond when the EAB was discovered. Clarington and most North American municipalities were taken by surprise when this was discovered and had to respond to eradicate the issue. Because municipalities did not have a risk management plan in place, it had to react and reallocate its already scarce resources to this program. A forest management plan which includes a program to collect the tree inventory, undertake condition assessments and inspections would have alerted the municipality to the issue earlier and allow the municipality to better plan. Clarington did, however, proactively assess their urban trees as the infestation moved east and was able to complete the tree removals ahead of schedule in 2019. Unfortunately, it illustrates that “emergencies” make things happen. This is no different than any other asset management approach. It is not until something “bad” happens before action occurs. Often this results in higher costs because all municipalities are contracting the work out to a limited number of vendors. Vendors are aware of this and it makes it difficult to ensure quality and keep cost down. Clarington’s EAB program has the attention of Council. The investment is significant: $3 million dollars over 5 years. This has impacted all other “less critical” forestry requests which may impact the health of the remaining trees and/or result in dissatisfied customers. Of concern is the fact that the municipality has yet to tackle the EAB issue in rural areas. If the infestation in the urban areas is any indication, the workload and financial impact for the rural areas is likely exponentially higher. We understand that the Municipality is just beginning to undertake the inventory outside the urban areas. Clarington’s contracted services for forestry typically are $300k (or 52%) of the forestry budget. The EAB infestation and concerns with mounting workload has pushed that number up to $730,000 (or 70% in 2019) Page 137 Clarington Forestry Service Delivery Review Page 62 It is important to note that every year since 2014, the forestry services has been over budget.20 It is unclear the reasoning for the variances but does provide an indication that the amount of work and raising prices. However, the costs are not tracked effectively or in total against the work orders. So, the true costs by type of work is not known. Standard costs are imperative to develop workplans and assign resources over the long term. As the focus on EAB has resulted in significant cost, it also adds work for Clarington’s limited staff to manage contractors and quality. This has been a challenge and, over time, the backlog of work grows. As of September 2019, 50% of the forestry work orders created for customer requests/complaints since 2017 were not completed. 2,167 work orders were outstanding with an average aging of 254 days. At a conservative estimate this represents about $350,000 or 4 full time equivalents. With every passing day, these work orders become older and customers more frustrated and dissatisfied with services. Of the outstanding work orders, 7% are at the second or third 20 Operations Forest 2014-2019 Report provided by Clarington’s financial system request for service. There are currently no service standards for forestry service response times. We are also concerned with the potential liability that this backlog may pose, particularly for situations where trees/branches may cause damage. As new EAB infestations are identified, numbers and issues may increase if no plan is developed. Some of the delays can be attributed to the Municipality’s practice surrounding tree replanting and requests for the types of trees. This process is manual whereby a paper request is left with the resident who must contact the Operations Department to indicate their choice of seven possible trees. While this seems to be a customer service appreciated by some, record keeping is challenging, residents are slow to respond, or not at all. This is not only adding workload for staff, it is delaying the replacement of the tree canopy. Most municipalities, including Oshawa simply determines the tree to be planted based upon professional assessment of the soil and tree type that will best survive as well as variety on the street. Page 138 Clarington Forestry Service Delivery Review Page 63 Work planning processes are not in place. When onsite, we noted that every work order is forwarded via email to the Lead Hand who must determine the priorities. Because the municipality does not have “crews” assigned to the Lead Hand, work is not planned beyond one day and is based upon the crew onsite that day. In other words, staff work is reactive and the Lead Hands cannot out beyond the day as they are unsure who will be at work. Further, even though some staff have gained forestry skills, the lack of continuity makes it very difficult for the Municipality to train the staff in forestry which is a different skill set from other Operation’s roles. Payroll and cost allocation are entered into spreadsheets by the lead hand for all the parks staff on their behalf. These are then re-entered by administrative staff for payroll purposes which not only represents duplication of effort, the chance of error is high. Time and equipment are not entered against work orders in CityWide, the asset, work management and citizen request system used by Operations. Therefore, there is no mechanism to determine the cost for delivering the various services. We also noted that there the equipment rates charged to jobs are very outdated. Updated equipment rates are critical for outsourcing vs. in house analysis. We are of the opinion that a business process review and redesign is needed whereby all the processes are mapped and non-value-added activities are eliminated so that the staff will have the capacity to meet the workload requirements. While the implementation of work orders was a good first step, the detailed processes need to be assessed, documented to ensure that all work order types and criticality is set up. Training of staff in CityWide and a move to mobile applications will allow for better work planning and costing. Recommendation 1: Undert ake a business process review of customer service requests/work orders within Operations with the view to collect time and equipment costs at source. This will require a complete transformation of the business from the Lead Hand entering data to staff res ponsibility through mobile/internet access. This is what is done in many other municipalities. An Page 139 Clarington Forestry Service Delivery Review Page 64 estimated investment of $70,000 is required to make this happen including consulting services, implementation, procedural development and training delivery. Additional mobile devices may be required but an assessment of current hardware and new requirements should be undertaken in concert with other corporate projects. Recommendation 2: As part of the process transformation, create Citywide work order series based upon type including, at minimum contractor i nspections/complaints, tree replacements. Error proofing mechanisms should be put in place to ensure data is clean and consistent. Look at limited tree replacement choices. Forestry Services requests are not customer focused Service Requests are created by Operations staff when customers call with a forestry issue. Customers do not have the ability to submit or track service requests by type online as seen in other municipalities, such as Oshawa Online. We also noted that there are no service standards in terms of response time or expectations based upon criticality of the issue. customers must call in to get updates of the status of their request which adds time and dissatisfaction. If an estimate of the time to respond is established and tracked, customer expectations can be managed. However, it means that municipal staff must become more diligent in updating progress on the request. This likely can only be achieved with improved service and access to the Service Request system. Performance measures including contractor service levels should be included in CityWide with additional fields as required. Recommendation 3 : Clarington Forestry Services should develop performance standards in measurements, collection and reporting including work order response rates and contractor performance. Service levels should be developed, tracked and advertised. Page 140 Clarington Forestry Service Delivery Review Page 65 R ecommendation 4 : The Municipality of Clarington should create an online request system, integrated with CityWide (or the corp orate service request system) to allow customers to submit and track forestry requests in real time . Clarington Forestry Services needs trained dedicated resources In the recently released Clarington Organizational Structure Review, the consultants recommended that Clarington look at the “Possible Outsourcing of Forestry” and that “there is currently some Forestry expertise within the Engineering department, however, this function should fall under Operations and may be required to scale to meet experience and service level expectations. In order to scale Forestry operations efficiently while maintaining service levels across other areas, outsourcing should be a consideration.” It is true that forestry “services” are delivered in a “piece meal” fashion between Planning, Engineering and Operations with no clear accountability or responsibilities. Even within Operations, there are no specific staff responsible for forestry operations, with the exception of one lead hand/arborist. Forestry work is undertaken by the same staff that are assigned to winter control and parks maintenance. No “crews” are in place in order to develop and deliver on the Urban forest strategy or forestry operations. Consequently, the work is reactive and continues to build. While we agree that outsourcing forestry is an option, we are of the opinion that the entire service cannot be outsourced at this time. Other municipalities have had limited success in complete outsourcing (eg. Brantford) primarily due to quality and response concerns. Forestry is so intertwined with other plans, legislative requirements and its impact on the health and beauty of the municipality, that contracted services can best be utilized for project work that can be monitored through effective contract management. Forestry is a specialized area that requires expertise to identify what needs to be done and when the best time to do that work. It is true this type of assessment could also be outsourced but it is unclear that it would be more affordable or effective. Given the limited number of contractors in this area, other operational Page 141 Clarington Forestry Service Delivery Review Page 66 services, such as winter control, may offer better opportunities for outsourcing. We believe that, given the current backlog of work that Clarington needs to dedicate the Lead Hand/Arborist to forestry services. In order to solidify this role, we believe that the position should be changed to a Forestry Coordinator who will be responsible only for forestry services. This position should manage workload and contractor performance. At least one dedicated staff member who is sufficiently trained, preferable a Certified Arborist who will perform forestry services. In order to reduce the amount of work over the long term, contractors could be utilized on a vendor of record basis. As mentioned, some municipalities have a list of “approved” vendors to deal with certain types of work (eg. pruning). We believe that this may be an option but it must include requirements that the customer enters the service request on the online customer portal, and an assignment process to the approved vendors. The contractor would then update the work order and the tree inventory as part of the process. Satisfaction surveys should be added to the customer portal so that the municipality can monitor the quality and responsiveness. Recommendation 5 : Transform the position of Lead Hand to Forestry Coordinator who will be responsible for managing forestry work with internal staff and contractors. This position should also be responsible to develop private -public or volunteer partnerships for tree assessments and inventory. Recommendation 6 : Assign one position, at minimum, to the Forestry Coordinator, as a permanent forestry position to assist in eliminating the backlog of service requests and support the Urban forest strategy. Additional training in forestry practices should be provided to more staff with the skills to support the Lead Hand/Forestry Coordinator. R ecommendation 7 : Contractor requirements should include tracking and updates to work orders and tree inventory. Satisfaction surveys should be added to the customer portal so that the municipality can monitor the quality and responsiveness. Page 142 Clarington Forestry Service Delivery Review Page 67 Recommendation 8: Following t he implementation a full work order management system with time and equipment tracking and vendor performance, revisit the degree of outsourcing in forestry. Tree Inventory and Planting present more opportunities for outsourcing Outsourcing has been successful in increasing the tree canopy and gathering the tree inventory through the use of volunteers, private-public partnerships, not for profits and contractors. While these must be developed, we see them as an opportunity. An example includes the Forest Health Ambassador Programs and PLANT in Oakville, where volunteers are trained to undertaken assessments, encourage planting21, tree inventory volunteers in Wisconsin and Florida which increases the knowledge of the tree canopy and the health. Tree Canada and the Partners in Planting programs are also great ways to access additional funding for community-based tree 21 https://www.oakville.ca/residents/forest-health-ambassadors.html initiatives in urban areas. This will augment the Trees for Rural Roads Program. These types of programs could be led by other partners such as the Conservation Authorities, the Region or private sector and would assist the municipality achieve some of its goals. Clarington has made great strides with the Urban forest strategy. Given the wide-ranging benefits of the urban tree canopy, it is important that begin to recognize that trees in parks, boulevards and in all- natural areas are critical components of our infrastructure that need to be managed appropriately and responsibly. An up-to-date inventory of the urban tree canopy will help the municipality make informed decisions with respect to tree maintenance, forestry planning and management programs. Without that, outsourcing maintenance is not possible. Inventory data can help to identify species diversity and distribution, percentage of canopy cover, size/class distribution, etc. Page 143 Clarington Forestry Service Delivery Review Page 68 An understanding of the tree canopy will help guide Clarington’s planning and decision-making process. Data related to the urban tree canopy will also allow Clarington to respond proactively to infestations like E.A.B., prioritize areas for replanting and focus maintenance activities. Staff indicated that the tree inventory has not been updated since completed in 2012. It has relied upon labour intensive and time-consuming methods of on the ground field work and data management. And yet, much of the work is performed by contractors. It would make sense to have the contractors update the tree inventory as the work is completed. Clarington could consider making an application to the Municipal Natural Assets Initiative Project 22 to assist in the funding of the tree inventory collection. Many municipalities and Forest Managers are utilizing technologies such as aerial imagery as a method of gathering inventory data to help map, 22 https://mnai.ca/media/2019/07/SP_MNAI_Report5_June2019.pdf analyze and quantify the tree canopy. Jurisdictions, such as the City of Vaughan and Peterborough, have utilized aerial imagery technology to provide detailed information about their tree canopy. The information gathered helps to make informed decisions regarding the management of the urban forest. This method of data collection drastically reduces the amount of fieldwork needed to obtain an accurate tree inventory which is often very time consuming, labour intensive and results tend to be less accurate. The City of Vaughan is finalizing their street tree inventory and is working towards mapping of trees in natural areas. Based on Vaughan’s assessment of three types of data collection, they found that the cost to undertake aerial imagery was $0.80 to $1.50 per street tree compared to $2.75 to $5.00 per tree for on-ground fieldwork and greater than $9.00 for LiDAR (light detection and ranging). Aerial imagery has an estimated 85 to 95 percent accuracy, which is considered acceptable. We are of the opinion that Clarington needs to invest in developing the tree inventory and explore funding opportunities. Page 144 Clarington Forestry Service Delivery Review Page 69 R ecommendation 9 : Develop a plan to collect tree inventory including application for funding. Equipment Rates and work order processes do not capture true costs Equipment rates have not been updated in some time and do not reflect true cost of the work. Currently, equipment usage is entered in a spreadsheet by the Lead Hands, not employees, which is charged to a general ledger, but not the “job” or work order. Therefore, costs are not attributable to the work and the municipality does not know how much each job costs. Consequently, the municipality is not able to develop standard costs for evaluation of outsourcing versus in house resources. R ecommendation 10: Undertake an equipment rate study to update rates immediately and on a regular cycle (eg. every 3 -4 years). Ensure that equipment rates are charged to work orders as they are utilized as part of Recommendation 1. Procurement and Contractor Management is time consuming and challenging The success of outsourcing or public-private partnerships rests with the effectiveness of scope, contract and performance management. Consultations revealed that Forestry staff spend a significant amount of time managing contractor quality and response time issues. Unfortunately, this time was not tracked nor were the specific issues so the comments are anecdotal. Prior to the review, Operations was undergoing some organizational changes, including a “contracts specialist” with Operations who would be responsible for tendering and vendor management/evaluation. The role was unclear in terms of forestry services but it would make sense to develop contract management skills in a few key personnel and ensure that they work with procurement to create a roster of reliable forestry service providers. In order to do that, the municipality must have a clear plan of its desired achievement, performance indicators and reliable vendors to carry out the work. Page 145 Clarington Forestry Service Delivery Review Page 70 To date, the municipality has been challenged with contractor performance and spends considerable amount of time managing the work of contractors. Currently all contracts currently state that the municipality will inspect the completed work to confirm satisfactory performance prior to payment. This, seems to be overly onerous and partially defeats the purpose of contracting out the work. However, if the performance evaluation information is gathered and analyzed, it will provide the municipality and purchasing with the appropriate information for assessing vendor qualifications and eligibility. Without clear evidence of vendor issues, it is very difficult, if not impossible, to prevent vendors from bidding on tenders. Recommendation 11: As part of a procurement review, Forestry staff should work with Purchasing to develop a contractor evaluation system/process. All contracts should be tracked in a new work order type in CityWide that includes criteria for contractors. Consider moving to a reporting requirement rather than inspecting all work of contractors. Performance standards should be put in place and monitored. Bylaws are outdated Clarington’s Tree Protection Bylaw 97-35 was passed in 1997 and has not been updated since then. Wording and fees are outdated and should be updated as part of a consultation process, perhaps in line with Durham Region’s changes. In 2019, Durham Region launched a review of its bylaw with the view to make the following changes, among others: • To be consistent with Provincial policies and to conform to provincial plans and regulations, the definition for “Sensitive Natural Areas”; • Distinguish between settlement areas and rural areas for the purposes of Clear Cutting; • Updated fees and fines for clear cutting applications, but require more time to review and process are proposed to increase: $500 for a minor clear-cutting permit (i.e. to clear cut an area between 0.25 and 2.5 acres); $1,000 for a major clear cutting application (i.e. to clear cut Page 146 Clarington Forestry Service Delivery Review Page 71 an area greater than 2.5 acres and where Regional Council approval is required). 23 While there has been some pressure to look at a Private Tree Bylaw as passed several municipalities (eg. Toronto, Oakville, Niagara on the Lake), the success of these has been mixed.24 In particular, the research shows that the effectiveness is directly attributable to knowledge and support of citizens. Therefore, Clarington would have to invest in communication as well as resources to make this happen. It would seem that until Clarington has addressed the Urban Forest Strategy outcome and get to a stable operation, adding a private tree by-law is premature and likely not sustainable. Further, since Clarington does not currently record time and cost against work orders and equipment charges, it would be prudent to implement private tree bylaws or fees without knowing the fee that would make it cost recoverable. 23 https://www.durham.ca/en/doing- business/resources/Documents/PlanningandDevelopment/2019-P-5- Region-of-Durham-Draft-Woodland-Conservation-and-Management-By- law---Accessible.pdf Recommendation 1 2 : Update the Tree Preservation Bylaw #97 -35 including fees. Tree Planting Programs are excellent and more Volunteer programs are needed Clarington has had much success with its tree planting programs (eg. Trees for Rural Roads) and volunteer support (eg Samuel Wilmot Nature Area, Valleys 2000). But more can be done, particularly in assisting with expanding and protecting the tree canopy as well as tree inventory. An example includes the Town of Oakville’s who engages residents to help monitor neighbourhood street trees for invasive insects, disease and other issues related to forest health. The Forest Health Ambassador program runs through the summer months and Ambassadors can survey as many or as few trees as they like at any time that is convenient for them. 24 https://www.isa-arbor.com/Credentials/Types-of-Credentials/ISA- Certified-Arborist-Municipal-Specialist/Tree-Ordinance-Guidelines Page 147 Clarington Forestry Service Delivery Review Page 72 Other tree planting programs offer funding and support that can expand the tree canopy. 25 The Municipal Nature Assets Initiative provides scientific, economic and municipal expertise to support and guide local governments in identifying, valuing and accounting for natural assets in their financial planning and asset management programs and developing leading-edge, sustainable and climate resilient infrastructure. Urban Forest Strategy needs to be coupled with a workplan to succeed. The Urban Forest Strategy was developed by Clarington staff in Engineering, Planning and Operations and accepted by Council in principle. The document articulated the current state of Clarington’s urban forests and priorities. However, it was not supported by a workplan or specific resources. One key recommendation was the development of a Forest Management Plan but it was not brought forward to Council after the election. This Strategy should be reviewed with the view to determine which priorities are to be acted upon and identify the responsibilities, accountabilities and funding. 25 https://treecanada.ca/plant-with-us/apply-for-a-grant/ Following the determination of priorities, Clarington should explore how its partnerships and other inter- agency working groups can contribute to the tree canopy and other tree maintenance/health programs Recommendation 1 3 : Clarington should determine the commitment to Urban forest strategy and ensure a workplan, with internal and external resources are assigned. This should form a policy as required by the Municipal Act. Recommendation 14: Clarington Forestry Services should work with the inter -agency working group such as Durham Region, Clarington’s Climate Change Coordinator, Conservation Authorities and Community Groups to build additional volunteer opportunities (eg. Forest Ambassador Program) and/or pursue grants (eg. Tr ees Canada). Page 148 Clarington Forestry Service Delivery Review Page 73 Conclusion In conclusion, Clarington Forestry Services is in a state of chaos. Its workload is unmanaged and represents risk for the organization. The EAB program has been the entire focus over the last five years and has consumed most of the resources. Customers are often required to follow-up and “complain” regarding quality of work and response time. Processes are not in place to handle this workload and the current operation is simply not sustainable. As the municipality grows, it will just become more challenging. Outsourcing can help but only with additional resources to manage the relationships and performance. Recent changes may provide an opportunity to change processes and management practices. We hope that will happen and that our recommendations are helpful to make that change. The fact that the staff developed an Urban Forest Strategy in house is admirable but nothing will happen without a workplan with dedicated resources. Acknowledgement We wish to express appreciation to the staff, management, the Steering Committee, stakeholders for their participation, cooperation and assistance throughout the project. Page 149 Clarington Forestry Service Delivery Review Page 74 Appendix A: Stakeholder Interviews Name Organization Role Fred Horvath Clarington Director, Operations Stephen Brake Clarington Manager, Operations Ken Mercer Clarington Supervisor, Parks & Cemeteries Andrew Jackman Clarington Lead Hand, Operations (Arborist) Catherine Carr Clarington Manager, Internal Audit Ron Hooper Clarington Councillor - Forestry Liaison Corinna Traill Clarington Councillor Adrian Foster Clarington Mayor CAO - Andy Allison Clarington CAO Clerk - Anne Greentree Clarington Clerk Faye Langmaid Clarington A/Director Planning Trevor Pinn Clarington Treasurer Peter Windolf Clarington Parks Development Doron Hoge Clarington Climate Change Resp Coord Basia Radomski Clarington Communications David Ferguson Clarington Purchasing Manager Becky Rogers Clarington Senior Buyer Christina Bruno Clarington Clerk 2 - Citywide Clint Peters Clarington Supervisor Teresa Mason Clarington Municipal Bylaw Officer Pam Lancaster Ganaraska Region Conservation Authority Stewardship Technician Patricia Lowe Central Lake Ontario Conservation Authority Director, Community Engagement Bill Humber Old Bowmanville Neighbourhood Association & Valleys 2000 president / past president Page 150 Clarington Forestry Service Delivery Review Page 75 Summary of Interviews with Stakeholders and Council Key comments of interviewees included: • Most felt that Clarington Forestry services are required and important. • Council was of the opinion that more work could be outsourced while staff and management were concerned about contractor availability. • Managing contractor performance is very challenging. • Work is reactive. No time to plan. • Lack of trained staff in Forestry services. • Some were unaware of the role of forestry in the Municipality. • Need better communication between the stakeholders and Council • Integration between the various Forestry organizations and Municipal departments is needed. • Competing demands make it difficult for Clarington Forestry to move forward. • Workload is increasing and overwhelming. • New work order system will be very helpful. • There is a need for increased resources and work planning. Seasonal nature of the service means the only skilled staff are pulled off for winter controls. • Prior supervisor in Forestry did not communicate the workload issues. • Many positive programs such as Trees for Rural Roads. • Urban forest strategy was developed in house but no resources. • Private tree bylaw issues continue to be raised – no protection without a development application. • Bylaw are not extended to private lands. • EAB program is taking all the resources. • Tree replacement program is challenging both in terms of time and supply. • Concerns expressed over the tree canopy protection with growth and climate change, invasive species. • Forestry pruning cycles are not in place. • Tree inventory is incomplete Page 151 Town of WhitbyOffice of the Town Clerk^ 575 Rossland Road East, Whitby, ON L1N 2M8www.whitby.caNovember 29, 2019Via Email:Ralph Walton, Regional ClerkRegion of Durhamclerks@durham.caRe: Regional Heritage Property Tax RebatePlease be advised that at a meeting held on November 25, 2019, the Council of theTown ofWhitby adopted the following as Resolution # 323-19:1. That the Region of Durham be requested to support heritage preservation byadopting a by-law to provide a Regional property tax rebate for designatedheritage properties, including those properties within heritage consen/ationdistricts; and,2. That a copy of this resolution be sent to area municipalities in the Region ofDurham.Should you require further information, please do not hesitate to contact thePlanning and Development pepartment at 905.430.4306.Kevin NarrawayManager of Legislative Services/Deputy ClerkCopy: K. Nix, Commissioner of Corporate Services/TreasurerR. Saunders, Commissioner of Planning and DevelopmentN. Cooper, Director of Legislative and Information services, Town ofAjax -Nicole.cooper(a)ajax.caB. Jamieson, Township of Brock - biamieson@townshipofbrock.caA. Greentree, Municipal Clerk, Municipality of Clarington - clerks(3>clarington.netPage 152 M. Medeiros, City Clerk, City of Oshawa - mmedeiros@oshawa.caS. Cassel, City Clerk, City of Pickering - clerks(%pickerinq.caJ. Newman, Municipal Clerk, Township of Scugog - jnewman(a)scugoci.caD. Leroux, Clerk, Township of Uxbridge - dleroux@town.uxbridge.on.caPage 153 Presentations and Handouts Spring 2020 is coming!Pauline Witzke, ChairPort Darlington Community Association subcommittee on Shoreline Protection. Spring 2019 waves Spring 2019 water uprush Where we were July 2019Cleaning up sandbags and plastic sheeting installed in AprilCelebrating the following motion from Clarington Council: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 Governments, to explore all funding options for implementation of the Baird Report Option 3 or other effective engineering solution to the starvation and erosion at Cedar Crest Beach Road; So where are we now?Once the shipping season ended after Christmas, efforts were made to increase outflows through the Moses-Saunders dam. There has been a setback due to the big winter storm on January 11.Water level of Lake Ontario is higher than January of 2019.The community has attended meetings in September and November where neither municipal staff nor CLOCA staff have answered the questions asked by Clarington Council and the CLOCA Board of Directors regarding the impact of the St. Marys pier on shoreline erosion. Now what?In 3 months, residents will be facing more erosion from wave energy on Lake Ontario.No progress has been communicated to the residents from the urgent negotiations that were committed in Council’s motion – are we really looking at another year where no physical barrier to the waves is going to be there? This will be our fourthspring since bringing the issue of shoreline erosion in Port Darlington, and the risk to homeowners, to the attention of Council.Last spring one family had to relocate due to foundation damage to their house caused by erosion. They are still not back in their house. Please help us! STOP TRYING TO SOLVE TRAFFIC AND START BUILDING GREAT PLACES INSTEAD OLD STYLE OF REDUCING CONGESTION DOES NOT WORK HOW TO SOLVE CONGESTION •Many studies are proving that congestion can be stopped by removing car lanes, restricting vehicles, improving transit, not extending roads or not adding lanes. These are the only ways to reduce or eliminate congestion. 1. COSTS OF CONGESTION •The environmental, social and economic costs associated with traffic congestion are real and affect the health, quality of life and wallet of all taxpayers on a daily basis. •The consequences of road congestion are generally measured in terms of additional travel time, and with the associated costs of vehicle use, such as fuel, depreciation and maintenance. 2. INCREASE IN GREENHOUSE GAS EMISSIONS •Road congestion also increases the air pollution, leading to an increase in respiratory problems, premature death and several types of cancer, especially for neighbouring populations to highways. •In Canada, the entire transportation sector is the second largest source of greenhouse gasses emissions, accounting for 28 percent of total emissions. •These emissions from congestion are not systematically inventoried, they are often used to justify new road projects. But why does congestion persist, despite government interventions to reduce it? 3. BUILD IT AND THEY WILL COME •The government response to congestion problems has generally been to build new roads or widen the existing ones. However, this measure is ineffective because increasing capacity only increases vehicle use. 4. ADDING ROADS DOES NOT IMPROVE THE ECONOMY •Although road infrastructure creates employment during its construction, most studies have not found a link between increased road capacity and economic activity. Indeed, it is rather a displacement of economic activity across the same metropolitan region that is observed. OUR COUNCIL MUST BE THE LEADER IN NEW WAYS OF PLANNING •Our Works Departments are already helping us to reduce flooding from the Hwy 418, etc. and I believe that they would accept the new ways of how to plan our neighbourhoods and our community future. The most effective planning choices are not always popular. •Our congested communities are the results of decisions that stretch back decades when our communities began to be build around cars. These decisions create unsafe, and simply unpleasant environment for pedestrians and bike riders while reducing overall quality of place and ecological destructive communities. Using actual and synthetic measures of travel quality, we can better understand how decades of roadway growth influenced people’s travel demand today. •Wider, straighter, faster roads aren’t always safer. Wider, faster, treeless roads not only ruin our public places, they kill people. Taking highway standards and applying them to urban and country streets costs us thousands of lives every year. We have solid evidence of what works and what doesn’t. 5. INCREASING PUBLIC TRANSIT IS NOT ENOUGH TO REDUCE CONGESTION •In fact, if the objective is to reduce car traffic, the only effective method on the supply management side is reduction in road capacity, because the law of road congestion also works in opposite direction: what we refer to as “reduced demand”. In addition to reducing travel demand, lane removal and traffic restriction also have measurable and documented social, environmental and economic benefits. 6. ECOFISCAL MEASURES •First, the imposition of eco-tax measures, such as the gas tax and parking tax, can help reduce vehicle use. •Use of public and active modes of transport, provided that these choices are available to them. •Teleworking, flexible working hours, parking management also reduce travel distances and the need or willingness to travel by car. These measures have positive consequences on public health, urban quality of life, land values, local consumption, etc. 7. WHY ROAD-WIDENING DOSN’T WORK AND WHAT DOES •Studies worldwide showed that when a road is closed or its capacity reduced, an average of 20 to 60 % of traffic disappears. No longer can road widening be justified as a congestion-easing tool. 8. HOW TO ADDRESS CLIMATE CHANGE •There is so much of CO2 in the atmosphere that planting trees alone can no longer save us. Humans emit 30-40 billion tons of carbon dioxide into the atmosphere each year. If we keep it up, it will ultimately devastate our way of life. •If planting trees alone is not going to help, we should definitely not be cutting any down, but there are plans to do so. Adaptation to climate change helps, but it is not enough as well. For all the reasons mentioned previously, here is an example of new planning using Hancock Neighbourhood: •keep the Hancock and Nash Rds. of the same width (keep the offset with 4 way stop, speed bums to slow down traffic); keep N. as type C arterial; do not extend G.R. to eliminate flooding; construct crescent at T’s dev. for affordable housing for seniors; estate homes to match s. and n. units; protect the natural areas and tributary-diverted to south of N. to eliminate flooding and create trails Presented by: Roman Zydownyk (with contribution from impacted neighbours) Presentation to Clarington General Government Committee Re: Concerns related to construction at 55A and 55B Townline Road South 2 Our Position: We are formally notifying you that as residents living in the surrounding area of the subject property, we strongly oppose the nature and type of buildings constructed. Presentation to Clarington General Government Committee January 27, 2020 3 Summary of Our Concerns: There is a zoning compliance issue. The neighbourhood is zoned as R1 –single-family dwellings. Our contention is that the buildings, as constructed, are triplexes and represent a Rl-18 zoning, contrary to current zoning. It is also our contention that these buildings have been deliberately constructed to be occupied as triplex units, in direct violation of Municipal bylaws. NO new approvals should be provided for any variance to legitimize the buildings constructed on these properties and condone this builder’s behaviour. Presentation to Clarington General Government Committee January 27, 2020 4 Summary of Our Concerns: Among the issues noted in this presentation, there is the major concern of water drainage and flooding of properties abutting 55A/B, including 75 & 81 Kingswood Drive, the two properties backing on to the subject properties. These concerns are related to anticipated drainage and water runoff resulting from significant changes made to the topography of the properties. The builder should be directed to address all issues raised by the residents. Presentation to Clarington General Government Committee January 27, 2020 Background: In 2013, Jean & Marcel Provenzano sought approval to sever a lot and demolish the existing building at 55 Townline Road South, Courtice. On February 5, 2013 residents Roman and Eva Zydownyk of 75 Kingswood Drive, Courtice wrote to the Regional Municipality of Durham identifying the following issues and concerns related to any subsequent construction or use of the property. Specifically: Any subsequent construction on these premises should be in keeping with the original use of the existing property. That is single-family homes; Existing trees on the property, providing shade and quality of use, should not be removed; The issue of grading and associated water runoff / flooding into the two adjacent properties backing on to 55 Townline. 5 Presentation to Clarington General Government Committee January 27, 2020 Background: (cont’d…) The request to sever and demolish was approved by the Region of Durham. Prior to building in 2019, Clarington approved a variance for the spacing between the buildings to be reduced. This variance was related to the construction of single-family dwellings. No neighbours objected to this as it was the only variance sought. 6 Presentation to Clarington General Government Committee January 27, 2020 Before 7 Presentation to Clarington General Government Committee January 27, 2020 It is evident that the buildings constructed have significantly altered the nature and use of abutting properties. After Presentation to Clarington Council – September 24, 2007 8 Summary of Issues 1.Zoning Compliance 2.Parking 3.Drainage and Snow Removal 4.Lighting 5.Garbage Management 9 Presentation to Clarington General Government Committee January 27, 2020 Zoning Compliance Our contention is that the buildings represent a Rl-18 zoning for a triplex, contrary to the current designation. A triplex is defined in Clarington Zoning By-Laws (page 12-9 section 12.4.18): “A triplex shall mean a building that is divided vertically and or horizontally into three separate dwellings each of which has an independent entrance either directly from outside or through a common vestibule”. These buildings appear to meet that definition by having the separate entrances as well as three gas meters, three electric meters, three furnaces, three air conditioning units, and three mailboxes. It is clear they have been built to be divided horizontally into three separate dwellings and therefore should be defined as such. 10 Presentation to Clarington General Government Committee January 27, 2020 Zoning Compliance: (cont’d…) The building department / bylaw enforcement office has advised that given the current zoning, the builder could construct a separate apartment for a duplex within each building with the appropriate construction and paperwork permits. When the plans were submitted for approval, we understood they were for single-family residences. The plans did not indicate either duplex or triplex units on the property and we are not aware of any changes to this designation. What is the point of a single-family designation if you can build whatever you want and then apply for rezoning? Any decision to approve a new request for variance would make a mockery of Municipal planning and negatively impact the neighbourhood and quality of life of its residents. 11 Presentation to Clarington General Government Committee January 27, 2020 Parking A potential parking lot at the back, side or front of these properties. There are significant concerns regarding appropriate parking for up to six separate units in these buildings and a likelihood of at a minimum, 6 vehicles (potentially more) not including visitors. Where are they going to park? No overnight street parking is allowed during the winter months. Neighbours on Townline and on Kingswood Drive already have a difficult time entering Townline Road as it is a very busy street. Restricted sight lines and increased traffic make it dangerous at times. 12 Presentation to Clarington General Government Committee January 27, 2020 Drainage & Snow Removal The concern regarding property grading, drainage, snow removal and associated water runoff and flooding. No drainage solution has yet been constructed to ensure that ground water does not flow into the back yards of 81 and 75 Kingswood Drive. Drainage issues will be exacerbated by the fact the builder has cut down the trees which helped prevent erosion and were a natural method to soak up rainwater. 13 Presentation to Clarington General Government Committee January 27, 2020 •Residents have witnessed a snow removal truck pushing snow off the property across Townline to the opposite boulevard. •Once the back yard is paved, it is only a matter of time before this back- yard area is used for dumping snow. Currant Drainage Problems 14 Presentation to Clarington General Government Committee January 27, 2020 Currant Drainage Problems: (cont’d…) 15 Presentation to Clarington General Government Committee January 27, 2020 Lighting The property owner has installed spotlights on the back walls of the two buildings which shine constantly from approximately 5 PM to 10:30 PM each evening. The owners of 81 & 75 Kingswood are directly impacted by this continuous lighting and have requested the property owner to install lights with motion detection. The property owner has refused to do so. In an email dated Dec 24, 2019 the property owner indicated the following: “From my experience living behind a neighbour with a motion sensor light and the problems it causes throughout the entire night, i have chosen to put the back lights on a timer. The lights will turn on at 5:30pm and turn off at 10:00pm during the winter months and 9:00-10:30 during the summer months.” 16 Presentation to Clarington General Government Committee January 27, 2020 Lighting (cont’d…) Unfortunately, the lights at 55 A do not follow this schedule and at times, have been are continuously lit -24/7 17 Presentation to Clarington General Government Committee January 27, 2020 Garbage Management During the demolition of the structure at 55 Townline, a sizeable rat burrow was disturbed. Residents in the vicinity are now dealing with rats on their properties. As single family dwelling owners with garages, residents tend to keep their garbage in their garages prior to collection. Some property owners have built sheds to accommodate garbage & recycling bins. 18 •The top floor of 55B Townline has had a tenant since December 2019. Compost, garbage and blue bins are now placed outdoors at the back of the property. •In order to prevent the attraction of rats, we ask that the builder be required to house the containers inside or build an outdoor shed to enclose them. Presentation to Clarington General Government Committee January 27, 2020 Conclusion: We are not anti-development. We request Council to ensure the builder complies with municipal bylaws and does not circumvent those laws by seeking retroactive approvals for flagrant violations. We thank you for the support provided to date. We request Council to ensure the builder works with the property owners in the neighbourhood to address all concerns raised in this presentation. We would like the builder to adhere to the same rules of construction that all builders in Clarington must follow. Variances to bylaws should not be provided in instances where there has been a flagrant disregard for the bylaws of the Municipality. Approvals for variances to bylaws should not condone this type of behaviour. 19 Presentation to Clarington General Government Committee January 27, 2020 Conclusion: (cont’d…) Residents should not be placed in a position where they are required to police builder compliance with municipal bylaws. When a building permit has been issued to construct a single family dwelling that was designed to operate as one unit there is a reasonable assumption that the Municipal inspectors charged with ensuring compliance to that bylaw would have noticed these significant violations at some point earlier in construction. It is clear to the residents that these two buildings were deliberately constructed to be something other than single family dwellings designed to operate as one unit and this builder should not be allowed to operate anything other than that. 20 Presentation to Clarington General Government Committee January 27, 2020