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D -� �� cul �, nl Y mni■■■■r:. - Ian ► I'ff ❑❑❑ 2 WHIZ VL HW El 0 RJR W& D FHDlVhi -1 Sll[CI:❑mm❑❑❑ll H HLEG RYHU P H A RP P MH DO 0 HHS/ J - FLMUl HDCL ".[ GXMIJ c MII ►Rn -M LFU D-0- J VMfD FHMM li+ \r ■ Ir11■■11■■■Id H HUr• - • RP ' BMHIO 1 j FI] ❑❑❑ &R I LLP L J 1 m D ❑❑❑ CR U P H W "Wil' 111 Clarington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: March 23, 2020 Time: 7:00 PM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor J. Jones, Councillor J. Neal Present Via Electronic Councillor G. Anderson, Councillor R. Hooper, Councillor C. Means: Traill, Councillor M. Zwart Staff Present: A. Allison, A. Greentree, F. Langmaid until 10:06 PM, R. Maciver, M. Marano, G. Weir until 10:06 PM, M. Chambers Present Via Electronic G. Acorn until 10:06 PM, S. Brake until 10:06 PM, T. Pinn until Means: 10:06 PM 1. Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2. Moment of Reflection Councillor Jones led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Jones recited the Land Acknowledgement Statement. 4. Declaration of Interest Councillor Neal declared an indirect interest in Item 8 of the General Government Committee Report and Agenda Item 15.1, regarding Interim Control By-law for 112 Duke Street. 5. Announcements Members of Council announced upcoming community events and matters of community interest. 1 3DJHT Clarington March 23, 2020 Council Minutes Alter the Agenda Resolution # C-112-20 Moved by Councillor Neal Seconded by Councillor Jones That the Agenda be altered to consider Report CLD -007-20, Electronic Participation at Council and Committee Meetings, at this time. Carried 12.6 Report CLD -007-20 - Electronic Participation at Council and Committee Meetings Resolution # C-113-20 Moved by Councillor Neal Seconded by Councillor Jones That Report CLD -007-20 be received; That the By-law attached to Report CLD -007-20, as Attachment 1, amending the Procedural By-law to allow for electronic participation at Council and Committee Meetings in an Emergency, be approved; and That all interested parties listed in Report CLD -007-20 be advised of Council's decision Carried as Amended Resolution # C-114-20 Moved by Councillor Neal Seconded by Councillor Jones That Section 3.1.12 of the Report be amended to the following: "In the case of a loss of connection, or any connection issue which impedes the ability of a Member to participate in the meeting in real time, a short recess shall be called to provide the Member and opportunity to reconnect." Carried The foregoing Resolution #C-113-20 was then put to a vote and carried as amended. 2 3DJHTI Clarington March 23, 2020 Council Minutes 6. Adoption of Minutes of Previous Meeting(s) 6.1 Minutes of a regular meeting of Council dated March 2, 2020 6.2 Minutes of a special meeting of Council dated March 9, 2020 6.3 Minutes of a special meeting of Council dated March 13, 2020 Resolution # C-115-20 Moved by Councillor Traill Seconded by Councillor Anderson That the minutes of the regular meeting of the Council held on March 2, 2020, be approved. That the minutes of the special meeting of the Council held on March 9, 2020, be approved; and That the minutes of the special meeting of the Council held on March 13, 2020, be approved. Carried 7. Presentations 7.1 Andrew Grunda, Principal, Watson and Associates Economists Ltd. regarding 2020 Development Charge Study Update and Presentation Prior to the meeting, Mr. Grunda advised he would not be attending tonight's meeting. His presentation will be rescheduled to a future Council meeting. 8. Delegations None 9. Communications — Receive for Information 9.1 Confidential Memo dated May 16, 2019 regarding Servicing of Industrial Lands in South Courtice — Courtice Court (Regarding Item 5 of General Government Committee Report) Resolution # C-116-20 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Item 9.1, be referred to the consideration of Item 5 of the General Government Committee Report. Carried 3 3DJHT Clarington March 23, 2020 Council Minutes 9.2 Mark Wilson, Sr. Advisor, Municipal & Stakeholder Relations, Enbridge Gas Inc. regarding Natural Gas Expansion Program Update (Item 3 of the General Government Committee Report) Resolution # C-117-20 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Item 9.2, from Mark Wilson, Enbridge Gas Inc, regarding Natural Gas Expansion Program, be received for information. Carried 10. Communications — Direction 10.1 Memo from Faye Langmaid regarding Resolution regarding Interim Control By-law 2018-083 for 74 Lambs Lane Resolution # C-118-20 Moved by Councillor Hooper Seconded by Councillor Traill That Correspondence Item 10.1 be referred to the consideration of Agenda Item 15.3. Carried 10.2 Memo from Anne Greentree, Municipal Clerk regarding additional Applicant for the Tourism Advisory Committee Resolution # C-119-20 Moved by Councillor Jones Seconded by Councillor Traill That Correspondence Item 10.2 be received for information. Carried 10.3 Rich Bouma regarding Interim Control By-law for 74 Lambs Lane (Agenda Item 15.3) Resolution # C-120-20 Moved by Councillor Jones Seconded by Councillor Anderson That Correspondence Item 10.3 be referred to the consideration of Agenda Item 15.3. Carried 0 3DJHT Clarington March 23, 2020 Council Minutes 10.4 Dan Barnes, CEO, Ruralwave regarding a Letter of Support for an Application to the Broadband Fund Resolution # C-121-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Correspondence Item 10.4 from Dan Barnes, CEO, Ruralwave regarding a Letter of Support for an Application to the Broadband Fund, be approved. Carried 10.5 Zachary W. Simmons, Volunteer with Caremonger Oshawa and Clarington regarding a request for additional support. Resolution # C-122-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Correspondence Item 10.5 from Zachary W. Simmons, Caremonger Oshawa and Clarington, regarding a request for additional support, be referred to Staff. Motion Lost Resolution # C-123-20 Moved by Councillor Zwart Seconded by Councillor Neal That the Correspondence Item 10.5 Zachary W. Simmons, Caremonger Oshawa and Clarington regarding a request for additional support, be received for information. Carried 11. Committee Reports 11.1 Advisory Committee Reports 11.1.1 Minutes of the Agricultural Advisory Committee dated February 13, 2020 Resolution # C-124-20 Moved by Councillor Jones Seconded by Councillor Neal That that Minutes of the Agricultural Advisory Committee dated February 13, 2020, be approved. Carried 5 3DJHT ClarftwnMarch 23, 2020 Council Minutes 11.1.2 Minutes of the Accessibility Advisory Committee dated March 4, 2020 Resolution # C-125-20 Moved by Councillor Hooper Seconded by Councillor Jones That the Minutes of the Accessibility Advisory Committee dated March 4, 2020, be approved. Carried 11.2 General Government Committee Report of March 9, 2020 Resolution # C-126-20 Moved by Councillor Zwart Seconded by Councillor Traill That the recommendations contained in the General Government Committee Report of March 9, 2020 be approved on consent, with the exception of items 1 h, 2, 5, 7 and 8. Carried Item 2 - Karen Lowery, Terrens Wellness, Regarding Appointment to Orono BIA Board Resolution # C-127-20 Moved by Councillor Zwart Seconded by Councillor Jones That the following Board of Directors of the Orono Business Improvement Area be appointed for a term ending December 31, 2022 or until a successor is appointed, in accordance with the Appointments to Boards and Committees Policy: Karen Lowery — Terrens Wellness Centre Julie Cashin-Oster — Orono Weekly Times Tammy Rendell — Orono General Store Yvonne Maitland — Apple Blossom Heather Maitland — Strands Studio Ashlen Morrison — Buttercup Hollow Pantry Kelly Addison — Kelly's Green Lounge Carried 3 DJ H®❑ Claringtion March 23, 2020 Council Minutes (Report COD -003-20 being Addendum to Report COD -001-20) 1 h — Co-op RFP -348-2019 — Consulting and Related Management and Administrative Services for the Supply of Natural Gas Resolution # C-128-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report COD -003-20 Addendum to COD -001-20 - Consulting and Related Management and Administrative Services for the Supply of Natural Gas, be received for information. Carried Item 5 - Servicing of Industrial Lands in South Courtice - Courtice Court Update Resolution # C-129-20 Moved by Councillor Neal Seconded by Councillor Jones That Report EGD -004-20, Servicing of Industrial Lands in South Courtice - Courtice Court Update, be referred to the June 1, 2020 General Government Committee meeting. Motion Withdrawn, see following motions Recess Resolution # C-130-20 Moved by Councillor Neal Seconded by Councillor Jones That the Council recess for 10 minutes. Carried The meeting reconvened at 8:45 PM with Mayor Foster in the Chair. The foregoing Resolution #C-129-20 was then withdrawn by the mover. Resolution # C-131-20 Moved by Councillor Neal Seconded by Councillor Jones That Report EGD -004-20 be received; That Council approve the use of an additional $130,000 (including net HST) from the Strategic Capital Reserve Fund to pay for the local servicing costs of the two additional properties that declared they are unable or unwilling to participate in the servicing costs at this time (revised total amount of $710,000 (incl. net HST)); The Mayor and Clerk be authorized to execute the agreement on the Municipality's behalf; 7 3 DJ H®❑ ClaringtonMarch 23, 2020 Council Minutes That staff report back on the award of the tendered work pending execution of the agreement between the Municipality of Clarington and the participating landowners of Courtice Court and Progress Drive; and That all interested parties listed in Report EGD -004-20 and any delegations be advised of Council's decision. Carried Item 7 - Plumbing Services Resolution # C-132-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report COD -002-20 be received; That Brent's Plumbing Inc. with a total bid amount for the initial two year term of $240,609.48 (Net HST Rebate), and a potential contract value of $601,523.70 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-1 be awarded the contract for the provision of plumbing services as required for the various municipal facilities; That the funds expended for these services, be funded from respective facilities approved operating budget as required; and That all interested parties listed in Report COD -002-20 and any delegations be advised of Council's decision. Motion Referred Resolution # C-133-20 Moved by Councillor Neal Seconded by Councillor Jones That Report COD -002-20, Plumbing Services, be referred to the end of the agenda. Carried 3 DJ HTF1 Clarington March 23, 2020 Council Minutes Item 8 - Interim Control By-law - 112 Duke Street Councillor Neal declared an indirect interest in Item 8 of the General Government Committee Report, regarding Interim Control By-law 112 Duke Street as it relates to his law practice. Councillor Neal left the meeting and refrained from discussion and voting on this matter. Resolution # C-134-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Interim Control By-law 2018-083 be amended to, x exempt 112 Duke Street from Section 2. f. ii) and vi) for maximum height and maximum roof pitch; x delete Section 2. d. v); and x add the following section: "Section 2. i. A new single detached dwelling at 112 Duke Street with a maximum height of 8.6 m and in accordance with Sections 2 f. i), iii), iv), v) of By-law 2018-083."; That, in accordance with the Building Code, the Owner be required to submit a confirmatory survey to show that the lot coverage and setbacks meet the with the submitted Building Permit drawings, and Interim Control By-law 2018-083 and Zoning By-law 84-63. Carried Councillor Neal returned to the meeting. 12. Staff Reports 12.1 Report COD -004-20 - Disclosure and Access to Confidential Tender or RFP Details Resolution # C-135-20 Moved by Councillor Neal Seconded by Councillor Jones That Report COD -004-20 be received; That confidential Attachment #1 to Report COD -004-20 be received; and That if Committee or Council deems that disclosure of confidential third -party information is required to enable an informed decision to be made, that staff be directed to circulate the information confidentially in advance of the next scheduled Committee or Council meeting, as appropriate. 9 3 DJ HTFI ClarftwnMarch 23, 2020 Council Minutes Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) Resolution # C-136-20 Moved by Councillor Anderson Seconded by Councillor Zwart That Report COD -004-20 be received for information. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried on a Recorded Vote Later in the Meeting, See following Motions (4 to 3) Resolution # C-137-20 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-136-20 for a second time. Carried The foregoing Resolution #C-136-20 was then carried on a recorded vote. 12.2 Report FND-006-20 - 2020 Development Charge Study Update and Presentation Resolution # C-138-20 Moved by Councillor Neal Seconded by Councillor Jones That Report FND-006-20, be referred to the April 6, 2020 Joint Committees meeting. Carried Resolution # C-139-20 Moved by Councillor Neal Seconded by Councillor Jones That Watson and Associates Economists Ltd., be asked to attend or participate at the April 6, 2020, Joint General Government and Planning and Development Committees meeting with respect to the Report. Carried 10 3 QJ H®❑ ClarftwnMarch 23, 2020 Council Minutes 12.3 Report FND-005-20 - 2019 Council Remuneration Resolution # C-140-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Report FND-005-20 be received for information. Carried 12.4 Report FND-007-20 - Property Tax Relief Related to COVID-19 Resolution # C-141-20 Moved by Councillor Traill Seconded by Councillor Anderson That Report FND-007-20 be received; That the Interim Tax Levy By-law 2019-067 be amended such that penalties and interest on unpaid taxes are not imposed on May 1, 2020 and June 1, 2020; That the Fees and Services By-law 2010-142 be amended to authorize the Director of Finance to waive service fees up to $50; That the Director of Finance be directed to adjust the first due date in the 2020 Tax Rates By-law from June 2020 to July 2020; That no new collection actions be taken between April 1, 2020 and November 1, 2020; That the Province of Ontario be requested to extend the due dates for education taxes to be paid to the local school boards by 60 days; That the Region of Durham be asked to provide the Regional Treasurer the authority to amend the due dates for the Municipality to submit Regional taxes to coincide with the local municipal due dates and collection of taxes; and That all interested parties be advised of Council's decision. Carried as Amended, see following motion Resolution # C-142-20 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #C-141-20 be amended by adding the following at the end: "That Staff report back to the April 14, 2020 Council meeting on a Property Tax Relief Program for both businesses and individuals." Carried 11 3 DJ H®❑ ClarftwnMarch 23, 2020 Council Minutes The foregoing Resolution #C-141-20 was then put a vote and carried as amended. 12.5 Report CAO -011-20 - COVID-19 Update Resolution # C-143-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report CAO -011-20 be received; and That the By-law attached to Report CAO -011-20, as Attachment 1, be approved. Motion Divided Resolution # C-144-20 Moved by Councillor Neal Seconded by Councillor Jones The Paragraph 1 and 2 from the foregoing Resolution #C-143-20, be divided. Carried Resolution # C-145-20 Moved by Councillor Neal Seconded by Councillor Hooper The Report CAO -011-20 be received. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried on a recorded vote (5 to 2) later in the meeting, see following motions Resolution # C-146-20 Moved by Councillor Traill Seconded by Councillor Neal That Staff explore options for the sanitizing and safety of the gates at the off - leash dog parks. Motion Lost Closed Session Resolution # C-147-20 Moved by Councillor Neal Seconded by Councillor Jones That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing two matters, which deal with, 12 3 QJ H®❑ Clarington March 23, 2020 Council Minutes x labour relations or employee negotiations; and x a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. Carried Rise and Report The meeting resumed in open session at 10:49 PM. Mayor Foster advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Suspend the Rules Resolution # C-148-20 Moved by Councillor Jones Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting for an additional 15 minutes to 11:15 PM. Carried Resolution # C-149-20 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #C-145-20 be amended to add the following: "That Staff report back to the April 14, 2020 Council meeting on any staffing changes that need to be made with respect to scaling back or essential services." Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) The foregoing Resolution #C-145-20 was then put to a vote and carried on a recorded vote. Paragraph 2 of Resolution #C-143-20 was now before Council for consideration. Resolution # C-150-20 Moved by Councillor Zwart Seconded by Councillor Hooper That the By-law attached to Report CAO -011-20, as Attachment 1, be approved. 13 3 CJ HTFI ClarftwnMarch 23, 2020 Council Minutes Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried on a recorded vote (5 to 2) 14. Unfinished Business Item 7 - Plumbing Services Resolution # C-151-20 Moved by Councillor Neal Seconded by Councillor Hooper That Report COD -002-20 be received; That Brent's Plumbing Inc. with a total bid amount for the initial two year term of $240,609.48 (Net HST Rebate), and a potential contract value of $601,523.70 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-1 be awarded the contract for the provision of plumbing services as required for the various municipal facilities; That the funds expended for these services, be funded from respective facilities approved operating budget as required; and That all interested parties listed in Report COD -002-20 and any delegations be advised of Council's decision. Motion Lost Resolution #C-152-20 Moved by Councillor Zwart Seconded by Councillor Anderson That Report COD -002-20 be received; That Brent's Plumbing Inc. with a total bid amount for the initial two year term of $240,609.48 (Net HST Rebate), and a potential contract value of $601,523.70 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-1 be awarded the contract for the provision of plumbing services as required for the various municipal facilities; That the funds expended for these services, be funded from respective facilities approved operating budget as required; That pending satisfactory service the Purchasing Manager, after consultation with the affected departments, be authorized to extend the contract for up to three additional one-year terms: and That all interested parties listed in Report COD -002-20 and any delegations be advised of Council's decision. 14 3 DJ H®❑ Clarftwn March 23, 2020 Council Minutes Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried on a recorded vote (5 to 2) later in the meeting, see following motion Suspend the Rules Resolution # C-153-20 Moved by Councillor Jones Seconded by Councillor Neal That the Rules of Procedure be suspended to extend the meeting to 11:45 PM. Carried 12.6 Report CLD -007-20 - Electronic Participation at Council and Committee Meetings Report CLD -007-20 - Electronic Participation at Council and Committee Meetings was considered earlier in the meeting. 13. Business Arising from Procedural Notice of Motion 13.1 Reconsideration of Contracting Out of Marriage Ceremonies Councillor Hooper's Procedural Notice of Motion was called by the Chair and Councillor Hooper determined not to proceed with the motion at this time. 15. By-laws Councillor Neal declared an indirect interest in Agenda Item 15.1, regarding Interim Control By-law 112 Duke Street as it relates to his law practice. Councillor Neal left the meeting and refrained from discussion and voting on this matter. Resolution # C-154-20 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-law 2020-016; and 15.1 2020-016 - Being a By-law to Amend Interim Control By-law 2018-083 That the said by-law be approved. Carried Councillor Neal returned to the meeting. Resolution # C-155-20 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce by-laws 2020-017 to 2020-023; and 15 3 QJ H®❑ Clarington March 23, 2020 Council Minutes 15.2 2020-017 - Being a By-law to Amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.3 2020-018 - Being a By-law to amend Interim Control By-law 2018-083 15.4 2020-019 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.5 2020-020 - Being a by-law to Amend By-law 2010-142 15.6 2020-021 - Being a by-law to amend By-law 2019-067 a By-law to authorize an Interim Tax Levy for 2020 15.7 2020-022 - Being a by-law to amend the Procedural By-law, 2015-029 15.8 2020-023 - Being a By-law to Delegate Legislative Authority to the Mayor to Expedite Municipal Decisions in Response to the COVID-19 Pandemic That the said by-laws be approved. Carried 16. Procedural Notices of Motion 16.1 Reconsideration of Resolution #C-441-19 pertaining to Report CAO -010-20, Cedar Crest Beach Update Councillor Zwart gave Procedural Notice of Motion regarding reconsideration of Resolution #C-441-19 pertaining to Report CAO -010-20, Cedar Crest Beach Update 17. Other Business Councillor Traill enquired about the stock of supplies for our first responders and whether there are sufficient supplies for the future. Councillor Traill enquired if there has been any consideration for a temporary medical call protocol changes for our Fire and Emergency Services due to COVID-19. Councillor Traill enquired if there can be communications put out to the public regarding extended shopping times for the vulnerable sector. Staff were thanked for the work being done during this pandemic. 18. Confirming By -Law Resolution # C-156-20 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-law 2020-024, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 23rd day of March, 2020; and 16 3 QJ H®❑ Clar*wn March 23, 2020 Council Minutes That the said by-law be approved. Carried 19. Adjournment Resolution # C-157-20 Moved by Councillor Jones Seconded by Councillor Traill That the meeting adjourn at 11:30 PM. Carried Mayor 17 3 Q1 H®❑ Municipal Clerk ANNUAL REPORT - 2019 ADR CHAMBERS OMBUDS OFFICE OMBUDSMAN FOR THE REGIONAL MUNICIPALITY OF CLARINGTON TABLE OF CONTENTS MESSAGE FROM THE OMBUDSMAN ADR CHAMBERS OMBUDS OFFICE TEAM WHAT WE DO 2019 COMPLAINTS 7 Q Wil ' 111 ■ MESSAGE FROM THE OMBUDSMAN I am pleased to provide our first Annual Report for the Municipality of Clarington. My name is Britt Warlop. I am a lawyer and serve as the Ombudsman with the ADR Chambers Ombuds Office, which has been providing Ombuds Services for over 11 years. I am proud to use my professional skills to serve a public good, helping citizens who believe they have been wronged. ADR Chambers has been providing Ombudsman Services for the Municipality for approximately three years and provides Ombudsman Services to additional 2.3 million citizens. ADR Chambers is an organization that provides dispute resolution services to citizens across Canada and internationally, also including Integrity Commissioner Services for the City of Brantford, the Town of Fort Erie, the Town of Georgina, the Town of Grimsby, Haldimand County, the City of Kawartha Lakes, the City of Kitchener, the Municipality of Leamington, the City of Markham, the City of Niagara Falls, the Town of Niagara -On -The - Lake, the Regional Municipality of Niagara, the Township of North Dumfries, the Town of Pelham, the City of Port Colborne, the City of Timmins, the Township of Wainfleet, the City of Waterloo, and the Township of Woolwich. Our core business is providing ADR services (mediation, arbitration, investigation) and administering large-scale ADR programs, for both the private and public sectors. We are extremely proud of the level of professionalism and quality customer service that our team of investigators exercised in 2019. 1 would like to thank them for all of their work and their commitment to ADR Chambers' values of impartiality, independence and fairness as well as their dedication to providing accountable and fair outcomes. At ADR Chambers, we believe that every person we serve should feel they've dealt with a fair and balanced process. This is why in 2020 we are committed to continuing the quality of our service, making it more accessible to those we serve and finding ways to better accommodate the needs of particularly vulnerable communities. We look forward to the coming year and will continue to work towards our goal of providing the highest quality service to Canadian citizens through innovation, professionalism and responsiveness. 3 r%tt W a+ -1.01P Ombudsman ADR CHAMBERS OMBUDS OFFICE Annual Report 2019 3 ADR CHAMBERS OMBUDS OFFICE TEAM ADR Chambers Ombuds Office is headed by the Ombudsman, Britt Warlop. Britt is a lawyer who has been called to the Ontario bar and has experience in investigations and employment law. ADR Chambers Ombuds Office is also served by the Deputy Ombudsman and Ombudsman Officer respectively, Peter Maniatakis and Kayla Albin, who are both lawyers with extensive drafting and investigations experience. Two Bilingual Intake Coordinators support the office, Diane Menanteau and Susan Felver. Additionally, ADR Chambers Ombuds Office has a roster of experienced investigators, who also have experience in law, dispute resolution, and complaint handling. ADR Chambers Ombuds Office and its staff act in compliance with accessibility, privacy legislation, obligations of confidentiality, and applicable codes of conduct. Britt , lo War nmbudsm p, peter Maniatakis, Ka vla AlbW O De d tY OmbudsmaDiane man Officer Bilingual Menanteau, Intake Bilingual O0ordinatnr Intake / O00rdinatnr WHAT WE DO ADR Chambers Ombuds Office reviews complaints brought by members of the public about the Municipality of Clarington. We work with the Municipality of Clarington to investigate and resolve complaints as part of the local complaint mechanisms. ADR Chambers Ombuds Office prides itself on its ability to ensure that citizens receive thorough and timely assistance with local issues in the community of Clarington. If a complainant is dissatisfied with the provision of services, a decision or recommendation made by the Municipality in the administration of municipal services, and the complainant has gone through the Municipality's internal complaint system and is not satisfied with the outcome, they may escalate their complaint to the ADR Chambers Ombuds Office. People may contact our office by phone, online and through the mail. We investigate complaints with a view to resolving them either by agreement among the parties, or by issuing a report with analysis and conclusions, including any recommendations. ADR Chambers Ombuds Office ensures all investigations are conducted in a fair, neutral, independent and confidential manner while respecting the rights and time constraints of the individuals involved. => Types of Complaints The types of complaints that may be submitted by complainants are varied, including complaints about the denial of services or the failure to provide a proper quality of service; complaints that the Municipality has made a decision that is not within their legal power to make; complaints that the Municipality has not followed the appropriate procedures in reaching a decision; and complaints that the Municipality has failed to take a certain action that it is required to take under its rules, procedures or by-laws. => Process Upon receiving a complaint, ADR Chambers Ombuds Office first considers whether it has the jurisdiction to investigate the complaint. Situations where ADR Chambers Ombuds Office Will Not Investigate There are certain matters that are not within our mandate to investigate. These include: • Matters that are not within the jurisdiction of the Municipality of Clarington • Complaints regarding the conduct of Municipality Councillors and closed meetings of Municipality Council • Complaints regarding any decision, recommendation, act or omission of any person acting as a legal adviser to the Municipality or acting as counsel to them in relation to any proceedings • Matters for which there is a right of appeal, under an Act, to a court or tribunal, unless this right has been exercised or the time to exercise this right has expired. NPAnnual Report 2019 5 J We also cannot investigate where a complainant has not exhausted the Municipality's internal complaint procedures or where more than 12 months have elapsed from the completion of the Municipality's complaint process, unless the Complainant can establish that there were exceptional circumstances justifying the delay. There are other circumstances where we may decide not to investigate, such as cases where the subject matter of the complaint is trivial or the complaint is frivolous or vexatious, or where we believe that having regard to all of the circumstances of the case, no further investigation is necessary. If ADR Chambers Ombuds Office does not investigate a complaint for one of the above reasons, the complainant will be notified of this decision in writing and reasons will be provided. Whenever possible, referral information will also be provided. Complaints Within ADR Chambers Ombuds Office's Mandate In cases where ADR Chambers Ombuds Office decides that it has the mandate to investigate, the Complainant and the Municipality are informed of the decision and the file is assigned to an investigator. The investigator reviews the file and first considers whether a mediated resolution might be possible. Where possible, the investigator will seek to mediate a resolution. Where no resolution is possible, the investigator will proceed to gather information and ultimately draft a report containing a description of the complaint, the Ombudsman's findings, and a conclusion and recommendation. In certain instances, such as cases where the Ombudsman concludes that the Municipality has acted appropriately, the report will indicate that the Ombudsman does not recommend that the Municipality take any action. In other cases, the Ombudsman will recommend that the Municipality take certain action(s) to remedy a situation. Recommendations seek to achieve a satisfactory resolution of the complaint, however, all recommendations are non-binding. Draft reports are submitted to the Ombudsman, who reviews the reports, along with another senior staff member. The reports are then circulated to both the Complainant and the Municipality, who are invited to provide comments. The Ombudsman and the investigator consider the comments and make any necessary changes to the report. The final report is then provided to both parties. Annual Report 2019 6 2019 COMPLAINTS ADR Chambers Ombuds Office received 3 contacts about the Municipality of Clarington. Contacts are instances when complainants contact ADR Chambers Ombuds Office, either by phone or through correspondence, expressing a possible interest in filing a Complaint and seeking information regarding the process. Complaints are not open until we have a completed and signed Complaint Submission Form. Of the 3 contacts regarding the Municipality, 1 complainant has been advised that we require a Complaint Submission Form to be completed and submitted in order to proceed with their complaints, however, they have yet to submit the completed forms. Complaint Submission Forms are necessary in order to determine whether the complaint is within our mandate and to ensure that all parties are aware of and are prepared to abide by the confidentiality requirement. Out of the 3 contacts, 2 resulted in a Complaint file being opened. Both of these Complaints were active investigations as of the end of 2019. STATISTICS Out of the 3 complaints made to our office, 1 potential Complaint is pendia our intake documents, and 2 complaints were opened and assigned to inVE Number of Complaints Investigation 67% Abandoned and/ or Pending 33% Subject Matter of Complaints Received in 2019 ■ Number of Complaints 2 By-law Enforcement Other ADR CHAMBERS OM BU DS OFFICE CONTACT INFORMATION ADR Chambers Ombuds Office P.O. Box 1006 31 Adelaide Street East Toronto, ON M5C 2K4 Tel: 1-844-235-4442 1 Fax: 1-877-803-5127 Email: ombudsman@adr.ca www.municipalombuds.ca/ FA 0 HA M B ERS ADR Chambers Ombuds Office '01-01M m■ 11 April 9, 2020 BY E-MAIL: agreentree@clarington.net C. Anne Greentree, Municipal Clerk ❑OIC LSElJP = Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 Dear Madam: ADR Chambers Ombuds Office www.municipalombuds.ca Telephone: 1.800.941.3655 Fax: 1.877.803.5127 Email: ombudsman@adr.ca P.O. Box 1006, 31 Adelaide St. E, Toronto, Ontario M5C 2K4 RE: Complaint against the Municipality of Clarington, MUN-467-0819 Our investigation of the complaint against the Municipality of Clarington has been completed, and I have enclosed the OmbudsmanM As you are aware, both parties were provided the opportunity to comment on the draft report. The Ombudsman then takes the comments into account and makes any modifications deemed appropriate. In this case, apart from anonymizing the final report (replacing names with titles and/or initials), the report is unchanged. Our file in this matter is now closed. Yours sincerely, Peter Maniatakis Deputy Ombuds Q OR I ' 111 ■ ADR Chambers Ombuds Office Telephone: 1.844.235.4442 Fax: 1.877.803.5127 Email: ombudsman@adr.ca P.O. Box 1006, 31 Adelaide St. E, Toronto, Ontario M5C 2K4 ADRO INVESTIGATION REPORT Complaint Reference Number: MUN-467-0819 Complaint Commenced: November 12, 2019 Date All Required Information Received: January 30, 2020 Report Date: April 9, 2020 Investigator: Ben Drory Terms of Reference This report has been prepared pursuant to the ADR Chambers Ombuds Office (ADRO) Terms of Reference, which describe the scope of ADRO's mandate, its process upon receiving Complaints, and the authority and responsibilities of an ADRO Investigator. Defined terms used below have the same meaning as in the Terms of Reference. Complaint The Complainant is a resident of the Municipality of Clarington. He submitted two Complaint Submissions Forms against the municipality to ADRO, which together read as follows: My complaint is about the noise that is produced by the FOUD TOOT❑ 7FP ❑OE❑LUHYhey shoot on Sundays and Wednesdays and the noise from the guns is intolerable. I can not enjoy my house and property on these days, summer or winter. 7KFLWLILUJILd fILILR dLLLLLE�C6RLLHEHYLH11r6W LLKR❑ E have to hear anything louder than a 22 caliber gun at my place. All the gun club would have to do is build soundproof surrounds around each shooting station and this would accomplish a lot I would think., , ILEWP TKtRkE1F KFIl,1EP IETP ®❑ U1L-U?❑MEh9U IqLTl the town decided on the decibel level not one of the properties that surrounded the gun club was notified and therefore had no input into the noise level. If this was in Toronto it would have been stopped the first day they started it. We out here in the boonies have ears just like everyone ffMEUUE0KSFRE0P [HEIETKETTM The noise bylaw that is enforced at the present time is too loud. 70 decibels is way too loud, it affects a persons health. It also limits the use of my yard on Wednesdays and Sundays. Its so loud I can hear the gun shots in my house. Q 1111l 1 ' 111 ■ ML N-467-0819 April 9, 2020 page 2 I would like the gun club to build sound enclosers around the shooting stations with sound deadening material on the inside. On nice days there are thousands of shots fired which is irritating to FDTAKHUEFffU (TU CUZ IMFTTREEF7tdXET= idea of what 70 decibels sounds like. If nothing else this is a health hazard. r,us �,��i _est:► �:�i i, �i��■ r, �i• r, � ,�• iu �ir��:es■ i■1;�� osat:�ii �ir�iur,� r,�atil:�i �ir�rs, ��: i breakingiw there is nothing I can do. My suggested resolution is that the gun club build sound barriers at each shooting �BZ�pQQZ�I7 C i LLI they shot thousands of round every Wed. + Sunday. ADRO Investigation I conducted telephone interviews with: • The Complainant • 7 I CQTLSDMM [BOW WQI- ]Manager of Municipal Law Enforcement • 7 KID LQHSDaWM AM" WQIED CQIUDQ3aINL1 Prior to conducting these interviews, I read the file information provided by both parties. The Complainant emailed his local councilor on August 6, 2019, asking how to go about having the Gun Club lower the noise level in his backyard. His complaint was ultimately forwarded a Municipal Law Enforcement OfficerQ IIS who spoke with the complainant on August 9, 2019. The Officer emailed the Complainant later that afternoon as follows, summarizing their call: Good afternoon Complainant, This email is being sent to confirm our recent telephone conversation from today. As discussed, I will be forwarding on your concerns for the noise you have indicated to occur on Wednesday and Sundays between the hours of I0am-dusk emanating from the Gun Club. I will also pass along your suggestions to have the stations build full enclosures and advise of your demand to have no more than the noise of a 22 caliber gun heard. $ LPIIJB?LTL fRSEUI[WMMER LRP EIID16LT[WH�LI REHLJL3 LD❑V IPDV3HIEEE7JVE FFTTGEEFITIREEE7fff-fIE17Ia-Mun Club over the years has been taking measures to help reduce the noise decibels, which you can find in the attached report. As previously discussed, the monitoring of the noise decibels may be done in the future when the appropriate equipment is obtained. Once obtained, we can schedule a visit and monitor the decibels from your property if this is something you were interested in. In her handwritten notes, the Officer wrote that she explained the bylaw and decibel limits in place. The Complainant was apparently aware that the noise was below the decibel limit, but Q OR I ' 111 ■ ML N-467-0819 April 9, 2020 page 3 still wanted it lower as it is too disruptive. He hears it in his home. When advised of the gun F0EE11SUUU-7C1at noise elimination, the Complainant insisted nothing had been done at the club, as the noise level stays the same. Ideally he wanted the club turned from outdoor to indoor. The 2 II S ic. Following their call, the Officer briefed the Manager of Municipal Law Enforcement on their conversation. 7 KFUkOINM5 BRrt (CLD -014- WWiTJ RUM q/ 1110 IP WD RXW WM EQ&GE�L'EI❑ 167 pages long, and was the central document to this matter. It includes significant historical background, scientific explanation, and statistical data. It ❑EUSLRQKH31O H0 C( F1SDUVVF= General Government Committee for consideration on May 29, 2017. Key excerpts from the Report are as follows. � t . �►inn ■ m ■ m.,�. e■ Residents in the area of the Gun Club report that they are continuing to have issues with the noise levels emanating from the Gun Club. This Report details the Gun Club, provincial and municipal actions that have been taken since the matter was last considered by Council, explains existing regulations governing gun clubs in general and gun clubs within the Municipality of Clarington and provides choices for Committee going forward. The RepR M]Background continued: Earlier Municipal Key Actions: In 2011, Council amended Noise By law 2007-071 to limit levels of noise emanating from gun clubs. ... Effectively, the By-law amendment set the noise level maximum that was set out in the Provincial recommended Guidelines NPC -232. HowevHM LEU-MHJ&G❑RI❑ measuring noise levels are different. The limits set out in By-law 2007-071 are, A maximum noise level of 70 dBAI if the gun club was operating before January 1, 1980; and A maximum noise level of SO dBAI if the gun club began to operate after January 1, 1980. These amendments were implemented in response to concerns raised by some area residents. In September 2011 and September 2012, before Council considered Report CLD -017-11, mediated meetings were held involving the area residents and members of the Gun Club. As well, input was received from the Chief Firearms Officer and from acoustical consultants. ❑ Earlier Gun Club Key Actions: In response to the resident concerns expressed during the 2011/12 period, the Gun Club voluntarily implemented a number of noise mitigation measures, including, Q OR I ' 111 ■ MUN-467-0819 April 9, 2020 page 4 • Discontinued professional shooting (RCMP, MNR CP Rail). • Limited regular shooting days to Wednesdays and Sundays. • Resident notification protocol for any shooting events outside of Sundays and Wednesdays • Installed beLP FMM Note, all berms are in excess of the RCMP requirements for licensing and recommended berm heights by (acoustics consultants) ❑ ❑ • Installed insulated shooting stations. Gun Club reports they continually look for sound mitigation measures including further grass seeding to assist in the reduction of noise. In the summer of 2016 residents again raised concerns regarding the levels of sound emanating from Gun Club. More specifically, some residents believe they are experiencing health issues, problems with their animals including behaviour and health issues, and shaking windows on their house as a result of the gunfire. Residents also sought clarification of legislation, regulations, by-laws and the concept of ❑I ®❑®NULU ❑® Municipal Actions in Response to more recent concerns: This Report details the steps taken by staff in response to their concerns, the research findings, and testing results as compared to the results from previous testing. The Discussion section continued as follows: Federal Regulation: It is the responsibility of the Chief Firearms Officer (CFO) to license and regulate firearm ranges under federal regulations. ❑ The CFO does not regulate sound relating to outdoor or indoor ranges. Currently both outdoor ranges are in compliance with CFO regulations. ❑ j IJLLP ❑ ranges provide a safe environment for sporting enthusiasts and members of law enforcement agencies to discharge firearms. Provincial Involvement: ❑ In fulfilling their role, the MOECC (Ministry of the Environment and Climate Change) ensures the sources of emissions to the environment are adequately controlled to prevent the potential for adverse effects, and this includes noise emissions to the environment. To assist in understanding, and presumably to assist in the regulating of noise emissions, the MOECC established noise guidelines. Q OR I ' 111 ■ MUN-467-0819 April 9, 2020 page 5 7IM 2 ( ❑ ❑ ® 3 ❑-232 Sound Level Limits for Stationary Sources in Class 3 Areas (Rural) directly referenced gun clubs and set maximum noise levels based on how long the gun club was in existence. It read as follows: For impulsive sou ❑GH from a stationary source which is the discharge of firearms on the premises of a licensed gun club, the sound level limit at a point of reception within 30 m of a dwelling or camping area, expressed in terms of the Logarithmic mean Impulse Sound Level (LLM), is: • 70 dBAI if the gun club were operating before January 1, 1980; or • SO dBAI if the gun club began to operate after January 1, 1980; or • The LLM prior to expansion, alteration or conversion. In 2013, NPC -232 was replaced with NPC -300 as the new Noise Guidelines for Stationary Sources. As stated by the MOECC, NPC -300 is a guideline and is intended to be used by municipalities as such ❑®Tote, that the MOECC does not currently regulate JLLUR2EL= ITP The Report continued: Municipal Regulation: ❑ =OLUIRLHOEN2171EECLM=6ULYWLLILIJ RLHIIE3law 2007-071 were amended in 2011 based on the levels set out in the guidelines in place ❑in NPC -232 ❑but were set as maximums and not logarithmic mean. The two existing gun clubs have been in existence well before 1980, and therefore, During non -curfew times, any noise emanating from the use of a shooting range shall not exceed: (a) 70 dBAI at the point of reception for any shooting range which began operation prior to January 1 sa To be clear, By-law 2007-071, as amended in 2011, sets out a maximum level based on the average of total shots fired within an hour. Sample results recorded during a 2017 controlled test showed no violation of the 70 dBAI maximum limit ❑ impulse sound levels ranged between 51-69 dBAI, over 17 shots ❑ and the logarithmic mean level recorded was 61.1 dBAI. The Report acknowledged that a maximum limit of 60 dBAI would be more restrictive than the existing 70 dBAI limit. The Report further noted that the impact of stationary noise (i.e., steady -level noise such as a lawn mower) is much different than the impact of impulse noise like gunfire. Therefore, it would be understandable for recommended noise limits to be different. A literary article S ECffiJ4QRLTEE1MSUZ11P DM 1) 11 � I I WELLU MUN-467-0819 page 6 April 9, 2020 dBAI, and the range for limited community reaction to the sound of firearms was between 50 to 70 dBAI. The Municipality retained professional acoustic consultants to conduct testing in early September 2016. Test results on October 22, 2016 recorded noise levels predominantly between $ , MUK RP P HY0M3WEKRR)" WMMHHEIlIQWDJaE@MLMBIIL1 DAIFJXM Municipal staff facilitated a meeting with some area residents, Gun Club board members, a MOECC representative, and two councilors. The MOECC representative stated that the NPC - 300 impulsive limits were not specifically intended for gun clubs, although the municipality could use those limits for determining the likelihood of generating adverse effects. The MOECC was unaware of whether any gun clubs were operating in accordance with the NPC -300 IP SLCffLHUP lIAHffFDIHWLA3K30M LGVJWP MQGBERLId depend on site-specific conditions. To better understand the magnitude of the ❑ EQ&(IEFnhoise impact, the municipality sent correspondence to all surrounding residents of the Gun Club (approximately 100 properties), asking residents to advise of any concerns they had about noise from the Gun Club. Fifteen responses were received, of which seven raised concerns about the noise levels. The Municipality also held discussions with Gun Club members, and with their agreement a ]D7T6nducted in March 2017, in a way that its results could be compared to a 2012 test, to determine if the ❑ LQBdIELLffiitigation measures had any success in reducing noise levels. Test results showed that, with one exception, reduced levels of noise had occurred. The Report noted that Clarington is not alone in addressing resident concerns related to noise emanating from gun clubs. In 2014, the Township of Uxbridge amended their Noise By -Law to gradually decrease the permitted sound level over two years ❑reducing the maximum noise levels for existing shooting ranges to 60 dBAI effective August 31, 2015, and then to 50 dBAI effective August 31, 2016. Further, any new shooting range seeking a license would be subject to a maximum noise level of 45 dBAI. However, an Uxbridge gun club filed suit in the Ontario Superior Court of Justice in July 2015, seeking to quash that By-law, alleging (among other things) that the prescribed noise levels were impossible to achieve. The Township of Uxbridge subsequently amended their By -Law in 2017, re -setting the maximum noise levels for existing shooting ranges to 60 dBAI, but maintaining a 45 dBAI limit for any new shooting ranges. The Report noted that investigation and enforcement of noise matters falls to the 0 CQLSDZM] Municipal Law Enforcement Division. Noise calls are prioritized based on call volumes and issues. Noise -related files generally take considerable staff time, as they often require numerous site visits. Municipal Law Enforcement staff historically relied on the services of acoustical consultants to test for noise (whether for guns, or other noises such as air conditioners); the consultants had the needed equipment and were trained experts to calibrate and test. But the costs of monitoring sound levels through an acoustic consultant could become exorbitant. Q OR I ' 111 ■ MUN-467-0819 page 7 April 9, 2020 $16,500 had been expended for sounds tests and reports for this issue between 2011 and 2017. In 2017, staff were researching equipment, software, and training options to determine if such issues could be resolved in-house, but until then expert consultants would have to be relied upon. 7 Id35 BWVWVM0M 2WCQRKF1I Qui❑ ® EELIG FFEEIIP SOMQGibhange &Mlq noise limits, Noise By-law 2007-071 would need to be amended. If this were to be done, then staff recommended reducing the maximum noise level for shooting ranges in operation prior to January 1, 1980 to 60 dBAI. But they noted that proceeding with such a reduction might present risks and challenges to the Municipality, like those being in the Uxbridge court proceedings. The Report also appended several historical background reports from over the years. Among them, a 2011 report noted that the Gun Club had been operated since the 1960s, and nearby residents used to tolerate the noise from it until in recent years it had begun hosting RCMP shooting training. The residents complained that the RCMP shooting training was significantly more annoying than previously, because the training often involved a team of officers shooting simultaneously, rather than amateurs shooting separately. A report on the 2017 testing concluded: The measurements were conducted with one firearm fired at a time so that the measurement results in 2012 could be compared directly. The measurements do not reflect the condition of a typical event at the Gun Club, when a mixture of several firearms are discharged in an hour, and therefore the LLMof the measured impulsive sounds were not calculated. During an event, the LLMdepends on the number of shots with high sound levels and the number of shots with low sound levels. For example, if only one or two shots that exceed 70 dBAI are fired and many shots that are well below 70 dBAI are fired in an hour, the LLM may meet the 70 dBAI sound level limit. It is our understanding that complaints have been received from residents that multiple discharge of firearms at the same time resulted in significantly higher sound levels. Such a condition was not measured due to the limited number of firearms available at the time of measurement. ❑ 7Ia-MDWLHEUYJMIBLLIHYIRLL6ZWI-RPTIIHKHLRLIUDZULLERLLGOLH2WBEII Only two gun shots at two locations exceeded the sound level limit. In addition, the measurement results indicate that the implemented noise control measures attenuate the shooting noise at the two locations to meet the sound level limit that previously exceeded the limit in 2012. The Report presented two options for Council ❑to either (A) simply receive the Report for information, or (B) receive the Report and amend C1aLYQTloise By -Law to reduce maximum noise level for a shooting range to 60 dBAI at the point of reception, for any shooting range which began operation prior to 1980. Both options included advising interested parties of the decision as follow-up. ML N-467-0819 April 9, 2020 page 8 The Municipality conducted sound testing during training off the north-east corner of the &RP StRSH_Wih June 2018. 134 shots returned results between 45 to 63 dBAI. I spoke with WHO CQILSIMVLI]Manager of Municipal Law Enforcement DED H 1MHe said that the Complainant I IEC�Iaw says, but basically wants to not be able to hear anything emanating from the gun club. He said the municipality provided the Complainant 11DKVA IB H:U' P EQMDEM was out on-site in late -2018 measuring sound levels with an acoustic engineer, at a property kitty-corner to his, closer to the gun club. The measured sound levels were below permitted levels. He said that the Complainant is free to submit a complaint that noise is above the permitted sound level. The Manager said that Council decided to retain the limits at the same level as in the previous by-law ❑i.e., 70 dBAI. He said the municipality Received any other complaints since the 2017 Report went to Council. He added the gun club has instituted a number of measures over the years. First they installed the berm, which resulted from an agreement between both parties. They also have barriers in-between the ranges, probably about 12-16 feet high. They have insulated the discharging stations, and have put overhanging canopies over them. They also recently planted trees to reduce noise travelling. Many of those were initiatives they undertook on their own. The Manager said in his experience the gun club has been quite willing to work with the municipality to implement things to lessen impacts on its neighbours. The gun club regularly communicates directly to people in the area with newsletters, and they reduced days they shoot, including holidays they used to shoot on. He thought the gun club has always been very communicative, and looking for ways to reduce impacts. The Manager LEKAZ3NRLQG3vfW MQWH LUaO1LFKH3LOUE1The municipality used to use outside acoustic engineers, but in late-2018/early-2019 they purchased equipment. Going forward, testing will be done in-house by the municipality, which needs to be scheduled with the J EQTGEFR TTEISP HYnMRVLKV The Manager FEKITIE MULW IQ�Iqi�omplaint regarding a breach of a bylaw. But the Complainant Q COD�7 UDMEHIAP SO DEQ hear from the gun club at all. He said the municipality provided the Complainant the Report to Council, which included the full background and history, and Council would decide if it wanted to reform the limits. If the Complainant wanted the levels in the bylaw reduced, that decision could only be made by Council. His department enforces bylaws that Council SDS not their role to change the bylaw. He concluded that this has been an ongoing issue for years, but the by -O7 � � CE Ili StR�IIi�l IIIML7�1 opened in the area, which may also improve the sound impact from the gun club on the days they shoot, through the increased nearby traffic. I spoke with the Complainant. He said that seven to eight years ago a bunch of residents went looking for the town to do something. They wanted noise from the gun club to be cut down considerably. But absolutely nothing happened ❑it continued on exactly the same as is. He said Q OR I ' 111 ■ MUN-467-0819 page 9 April 9, 2020 he just wished the town would ask the gun club to put up a sound barrier around each shooting 0MWQMHA1GEHCMWKDQMUXNWP It❑Q®the Mi L�w i I I I VIIIIEW in the 1940s there were only three farmhouses in the area, and one of those farmers gave them the land to build the gun ME®❑MQIZ❑ DMMMW different than in the C40s and 130s. The Complainant said that on a Wednesday, sitting in his kitchen, he can hear them shooting, ILHTMUILILIJ,%Umile to half -mile away. ❑ MQ❑ his home. On a Sunday he just hears banging repeatedly. He said he talked with $ ' 5 2 FM administrative assistant from his home, and she could hear them, and to check with her. He said KH DQI P H -V HID there are thousands of shots. It starts at 10:00 am, and goes to dusk. The Complainant said that seven to eight years ago, people from the area met in a room in the Town Hall, but absolutely nothing happened. The gun club had to build a berm to cut the sound off, but that almost started a war Li all sorts of dump trucks were coming in from Toronto that whole summer to build the berm. It even caused the Town to enact a bylaw that if dirt was being brought in again in future, it had to come from Clarington. The Complainant said the municipality MEP ❑«LLEHFQXIIIDQM❑ to make sure the sound level was less than 70 dBAI. The Complainant said 70 dBAI is way too high ❑II HL[KRRVQI V7 RUQKEMdLUKCEHNNHffi NJEREQGICREQX] something like 20 dBAI ❑VJIIIDR❑M .❑ Al.❑He said that his ears work the same way as people in Toronto. The Complainant said that when the municipality enacted the bylaw allowing 70 dBAI, nobody IQ D CQMDMW11RC0AMve at least had to give local property owners notice about it. But they never put it in the paper ❑they just enacted it. They even shot a cannon at the gun club some day and had a big laugh over it. The Complainant said he wants to at least have his brothers and sister over for a BBQ in the summer without it sounding like war is breaking out all around them. The Complainant RMQ ITTIU ❑QTGE®HIIIIM that everything is exactly the same as when they enacted the bylaw, other than they built the berm, which had people along 7th Concession going crazy with about 10,000 dump trucks coming into the city. The Complainant disagreed that the Report HT QVM FFMH]Jl1GDXDMBhEQW specialist in acoustics. He said that when he asks councilors what they think 70 dBAI sounds LE2®FIDrazy; but no-one has ever come out to his place to listen to it. The Complainant FELGITBVIVROT ❑QFLME1E3MTVRRNM= 11 G AI limit ❑-1� ]D❑WRO.C3G=[IIi:DJLMMC= where he is. He said the only solution he can think of is the gun club will have to build something around each shooting station to contain the sound, and he said he knows they have that. He said the barriers will have to be high enough to actually stop the sound. MUN-467-0819 page 10 April 9, 2020 The Complainant FRqQF0J3H3NMDMW DQ'IS i U]TjCL M❑Ii1 ED E❑)MLW NOMMUW IE 3LGQFMW SIL; SKI ITEI i AI number came from. He thought it was probably on the recommendation of the gun club, since they were the only ones who knew they would enact the bylaw ❑nobody else knew, and they never put it in the local paper. The Complainant said he would love for something to be done other than just being told tough luck. ❑HIS P HIIJ-QSFM Following the ComplainaQWUilterview, I inquired with $ ' 5 2 ®CP L$ (P IQ!IM3M she recalled anything notable about gunshots during conversations she had with the Complainant. The Administrative Assistant advised me that she spoke with the Complainant on Wednesday, October 30, 2019, and she could hear gunshots at what seemed like a very loud volume. I also located an internet news article on DurhamRegion.com, dated April 11, 2018,1 which spoke to some initiatives the gun club has undertaken regarding noise reduction in recent years. Excerpts from the article are as follows: ' Link ❑ While there is not a lot of new homes built in the rural Clarington setting, there are a number of new homeowners who neighbour the shooting range at the club and are bothered by the noise. At the same time construction of the new Highway 407 has cleared forested area that used to help baffle the sound. The Gun Club board has been working hard to suppress the sound and improve relationships with their concerned neighbours. To improve communication, the club has established a community relations committee and started hosting an annual open house so neighbours could see the facilities first hand, see the improvements to reduce sound that have been implemented and hear about those being planned for the future. The recent noise suppression work has focused on two fronts: improved landscaping to help absorb sound and built sound barriers in and around the shooting range. With the help of (an assistance fund), the hunt club is working on the rehabilitation and restoration of the two side berms that border the range. Planting trees and wildflowers native to the area (with the guidance of a (stewardship technician)) is an environmentally friendly way to prevent erosion and assist in sound mitigation. 0 In 2017, the hunt club members partially closed in and insulated the end of the 100-m shelter to reduce sound to the east and finished installing and insulating all shooting station dividers/baffles. Q OR I ' 111 ■ MUN-467-0819 April 9, 2020 page 11 The club installed an extended sloped eave on the 50-m shelter, which will be insulated next. Members finished insulating and strapping the existing eave of the 50-m shelter, and work is ongoing to insulate all the dividers. Likely the most visible 2017 sound -baffling project is the 10 foot high sound fence installed between the 25-m and 50-m ranges and extending the full length of the 25-m range. The Gun Club board has big plans to continue noise -suppressing improvements in 2018. The plans range from more insulation in the stations, more tree and wildflower plantings D❑GZTITWDIKU�4'R�RI®fpm IDJ�]I� Its®L ID�Z�I � 50-m shelter. The club also plans to build another sound wall between the 50-m and 100-m ranges. ❑■ Throughout the year, the 100-P �ZRIIT®ClT to garner the most noise complaints. The larger caliber guns for the 100-m range are louder. The hunters who use the guns tend to frequent the club to practice their marksmanship in the fall, just when the vegetation is thin and the frozen ground does the least to absorb the sound. From 2019 to 2021 the Orono club is hoping to continue with larger scale physical sound mitigation measures, as finances permit. With costly materials and expensive expert engineers, paying for the new sound walls and baffles can be challenging for the not-for- profit Gun Club. ■IVA 9,I. ■■e%I'�t �; n7�►n�rnl■ ra114A �� • I�rn I' ■In,� r��lh I■ r��i.■ /ir�■ �;' ■ 1, �,�■ �,I■ ii■u,,► r:W nr11 �, It, m �■D XNA ■tc ;In .nim■m■■r: • ■r: ■ mnlr,o r-41ffaintenani manager.) &QI,S sidered the gun club noise limits issue on June 12, 2017.2A member of the Gun Club EIRP P EQB3WQ_4M P INUIdppeared before Council as a delegation, and summarized that the Gun Club was taking the issue very seriously, had commitment from its Board and membership to work with all stakeholders, action plans and budgets had been established for reductions in sound for 2017, and communications plans had commenced and would continue. Council debated the matter, but opted to simply receive Report CLD -014-17 for information. That decision is reflected as follows in the June 12, 2017 minutes: Item 6 ❑Noise By-law Limits Pertaining to Gun Clubs ❑■ 2 Council Minutes June 12, 2017: https://weblink.clarington.net/weblink/0/edoc/108309/06-12-2017.pdf Q Wil ' 111 ■ MUN-467-0819 page 12 April 9, 2020 Resolution #C-178-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report CLD -014-17 be received for information; and That all interested parties listed in Report CLD -014-17 and any delegations be advised of ❑R Carried I spoke with )IO CQISI3MM-IDMunicipal Clerk he confirmed that Resolution #C-178-17 meant Council considered the details in the report and debated the issue, but in the end exercised their rights and chose not to make any changes to the By -Law. She reviewed subsequent minutes since that meeting, and confirmed that Council has not re -reviewed the matter since. The Clerk confirmed that the issue of gun club noise was very contentious in Clarington, and went on for a long time. The gun club has been in operation for generations, and could make an argument that they were there first. The M L(JRSDffiMIT ICHH" MDiW HXR 4ETQBMTID well as by-law enforcement El for example in installing berms, and planting vegetation to lessen the impact on surrounding residents. The Clerk said that the gun club has been receptive and cooperative regarding these issues, and made further modifications to the site on their own initiative, such as putting in enclosures at the shooting site to absorb sound more. The gun club also agreed to provide notice and correspondence to area residents in advance of special shooting days. But all of these changes never seem to be enough. The Clerk BHQsltakeholders, but in her opinion, the gun club did everything the municipality asked them to do. The Clerk ITQ31HP DWJff] Iqu residents were up in arms, but the gun club has been in operation a long time, and had undertaken a number of measures, including everything that was asked of them F1 she said there ❑D�QM LFKP RURM SIS The Clerk said that the noise by-law is one the P L(JRSDMMERC DQMIIUHFL �I, SHS❑ Flit ❑ r residents. She said the existing rules have only been in place since 2017, and there is no appetite for shutting the gun club down ❑VOLJEEffOE�L FRP P W ffFUhd have been cooperative in the past. She said the noise by-law had parallels to the taxi by-law ❑ DQ�AW ENFEFKEQJHAUqM a decade or so, KHEEEGD3RNWnRL fQ]H❑B: Lj Council being able to make their decision in 2017, and she felt everyone did a really great job ❑ from residents providing information, to municipal staff doing the necessary research and working with the gun club and residents, the gun club did work, and Council worked hard in analyzing the options. Q OR I ' 111 ■ MUN-467-0819 page 13 April 9, 2020 The Clerk felt that, generally speaking, people in the area knew about the issue. The issue went to the General Government Committee, and two weeks later Council met to consider the &RP P BFRP P QE$oth options presented to Council, the recommendations included that all interested parties were to be advised. 6 2UZJJ!CMB�C� and meeting minutes are on the P EQFlSDUNV=1EEUhFDQ9TH11l3Ae time too. The Clerk I��I�IIDiQ��KR[FI� including not just the gun club, but also interested residents. She noted that the Complainant and his wife were interested parties in 2011 ❑a mediation meeting was held among interested parties then. However, he was not recorded as an interested party in 2017 because he Attend a stakeholder meeting held by the municipality in February 2017. The Clerk provided me with a February 2017 letter sent in the ManagHJUQtme, for which the Complainant was on the mailing list. It advised of the meeting and requested feedback, and read as follows: February 3, 2017 To: Interested Parties Re: Review of Noise limitations from Gun Club In 2011 through 2012, mediation and extensive testing was conducted with the participation of residents and club members noise related concerns. As a result, the Municipality amended the Noise By-law 2007 - Additional measures were taken by Gun Club members, restricting days of shooting to Sunday and Wednesday, constructing a berm for noise reduction, excluding professional training and have been continuing to make improvements to shooting stations. During the summer of 2016, the Municipality received concerns relating to noise from the Gun Club. As a result, staff were in contact with the area residents who provided some input on the nature of the issue. Discussions have also been held with Gun Club and continue. Currently, we are seeking additional feedback from residents for review of the existing Noise By-law restrictions. Please forward any concerns or improvements observed over the past four years in relation to noise levels from the Gun CluLUWPMRLEHTL= LL] Interested parties will be invited to meetings to discuss findings, and any impacts that may result in changes. The Clerk noted that the Complainant had still been included as a cc recipient (among about a dozen) on several email correspondences sent between the Municipality, Gun Club, and area Q OR I ' 111 ■ ML N-467-0819 April 9, 2020 page 14 residents between March and May 2017, for which a different resident was the main contact point. The Clerk forwarded me results from the acoustic FRQELONQAEWW I&RP S SL>RSHWI 1 = RFKN3GHETTKMGDU0TWNVIAM I FRFFRW IW SRP SGIQDWE property (all from the backyard, approximately 30m from the house) were as follows: Firearm Tested ❑ 2017 2017 Impulse Sound Level (dBAI) 2012 Impulse Sound Level (dBAI) Firearm Tested ❑ 2012 Sako 6.5x55 52 57.2 Sako 6.5x55 Sako 6.5x55 51 62.7 Sako 6.5x55 Sako 6.5x55 48 63 Sako 6.5x55 Lee Enfield 303 British 49 48.7 Lee Enfield 303 British Rifle Lee Enfield 303 British 50 50.1 Lee Enfield 303 British Rifle Lee Enfield 303 British 52 55.4 Lee Enfield 303 British Rifle 375 H&H Magnum 50 59 Sako .458 Magnum Rifle ADRO Analysis It is clear that the shooting activity subjectively affects the Complainant, and he has maintained this for a long time. I found it notable that an academic reference in &OWeport IQUFDMINOWdLNdFFKUURUDKREDqTFMJrWU &I SLIM dBAI Ll i.e., below the 70 dBAI limit in the P LQFISDffiM_ IEC_Iaw. This suggests to me that the shooting noise from the gun club could be legitimately annoying to neighbours, even if within legal levels. Accordingly, I have no reason to doubt what the Complainant told me his is subjectively experiencing. $' 52 administrative Assistant was also unintendedly brought into the case as a witness on this point, and she confirmed her subjective opinion that the gunshots were very loud. That having been said, the Municipality of Clarington has done nothing wrong procedurally on this issue. I agree with the Manager that law enforcemeQffiRRq)Rs to enforce the by-laws, and not to second-guess them. The by-law allows a 70 dBAI limit for impulse noise. Law enforcement has done intermittent testing of the sound levels in areas surrounding the gun club, and each time found that the sound levels were within the legally acceptable limit. There is nothing else that I believe they can reasonably do. It would be inappropriate for the Ombudsman to second-guess a decision of the municipal IIQRLIP DKZQW deciding what the local laws should be. Municipal staff put have put significant, thorough research into the subject of gun noise over the years. Their findings were presented to municipal Council, including an option to reduce the noise limit to 60 dBAI. Ultimately, Council decided to maintain the levels in the by-law at 70 dBAI. That effectively ends the central question in this Q OR I ' 111 ■ MUN-467-0819 page 15 April 9, 2020 case. Municipal Council is supreme in determining the local laws. The 2 P E❑GFP 1QFU2 II5111 role is to determine whether the municipality failed to follow their processes or procedures in the course of municipal administration. That is not established here ❑ in fact, to the contrary, the evidence establishes that the municipality worked hard and deeply researched the matter. There was no shortage of engagement by the municipality. There was also significant evidence that the Gun Club has undertaken several initiatives in recent years to ameliorate the impact of its sound on local residents. The evidence suggests the organization is aware of the issue and reasonably willing to work to address it. Conclusion and Recommendation There is no evidence that municipal processes and procedures were improperly followed in this matter. Municipal staff and Council both acted within the proper parameters of their roles. Accordingly, there is no basis for the Ombudsman to intervene. Respectfully submitted, Ben Drory ADRO Investigator Q Wil ' 111 ■ Q OR I 'lll■ w ORR w Sw w Development Charges Act iW ON Ow MV AV aw w iaano ID MOM 111 ■ DSV C'tln '* lr!IWR Memo If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Council From: Trevor Pinn, CPA, CA ❑ Director of Finance / Treasurer Date: April 9, 2020 Subject: Development Charges Timeline Impact from COVID-19 File: This memo is a follow up from the Joint Committee Meeting on April 6, 2020 rising from questions regarding the timelines for development charge studies as a result of COVID- 19. Provincial Clarification Staff contacted the Municipal Services Office to get clarification if the Province was going to allow expiring DC studies and by-laws to remain in force as it is difficult to complete public meetings during the COVID-19 pandemic. A response was received that the Province is aware of a number of municipalities that have this issue and are currently looking into it. Further, they are hoping to provide further clarity as soon as possible. Staff interpret this response that the DC deadlines and timelines are not included in the suspension order covered under Ontario Regulation 73/20 which was issued on March 17, 2020. That order suspends limitation periods as well as timelines/steps in any proceedings in Ontario. Staff were of the view that this did not impact the DC timelines, the response from the Province appears to confirm that. As at 2:30pm on April 9, 2020 there has been no further response from the Province of Ontario. Recommendation It is respectfully recommended that the resolution be approved as written. This will allow staff to continue with the study work and ensure that the Municipality meets the deadlines as laid out currently in legislation. A failure to do so could jeopardize the 0 XCLFLSDQMV D TCS-Nl-Opment charges starting on July 1, 2020. Council and the public will have an opportunity to provide feedback to the study and draft by-law starting on April 15, 2020 as the documents will be available on our website for 60 days prior to the proposed approval date of June 15, 2020. Should the Province allow the current DC By-law to remain in place then staff will delay the public meeting and extend the input period. Page 12 Options When Adopting By-law (in June) The rates calculated in the DC Study represent the maximum allowable rate for development charge collection. Council has the ability to set that rate at any amount below the maximum amount; this includes phasing in the new rates over a period of time. Therefore, Council could pass a by-law on June 15'" that will continue to charge the existing DC rates and the increase would not come into effect until a later date such as January 1, 2021; however, any reduction from the maximum allowable DC rate will result in future growth -related capital costs being funded by non -DC sources (e.g. taxpayers). Council has the ability to review the development charge study and by-law at any point within a five-year period of adoption. Therefore, it is possible that a review of the development and infrastructure needs could be reviewed in a couple of years once COVID-19 has settled and the impacts are known. More frequent study and by-law updates are common in high growth municipalities or in cases where assumptions in the study change significantly. 7KHFO XCLFLSD �pment charge study is valid for 12 months. Therefore, it is possible to pass a by-law on June 15, 2020 with no rate changes until the pandemic subsides and then a new by-law with updated rates (based on the study) could be brought back for consideration. The requirement for this approach would be another 60 -day public input period; however a study would not be required. The motion in front of Council is to allow the study to continue, no approval of rates is sought at this point. To table the work on the study at this point would result in the Municipality being unable to collect DCs and would result in a significant shift of growth related capital costs to existing taxpayers who are also going to have financial constraints due to COVID-19. If there are any questions please let me know. T, (�L_ ) hank ou, Trevor Pinn, CPA, CA Director of Finance / Treasurer cc: A. Allison, CAO R. MacIver, Municipal Solicitor P. Creamer, Deputy Treasurer The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 3 DJ HTF1 Agricultural Advisory Committee of Clarington Meeting Members Present: Thursday, March 12, 2020 Eric Bowman Ted Watson Richard Rekker Henry Zekveld John Cartwright Tom Barrie Brenda Metcalf Ben Eastman Jennifer Knox Don Rickard Les Caswell Councillor Zwart Regrets: None Staff: Amy Burke and Faye Langmaid - Planning Services; Anne Greentree and Duncan Anderson ❑ Clerks / Municipal By-law Enforcement Guests: Stacey Jibb and Allison Brown, Region of Durham Planning and Economic Development; Alyson and Jordan McKay, Willowtree Farms; Sheila Hall, Clarington Board of Trade Eric welcomed all to the meeting, with introductions. Introduction of Allison Brown [19H-5 HJ LR -1 -RI C❑ ❑-KDP V- J -Z Agriculture Program Coordinator for Economic Development. No pecuniary interests declared. Adoption of Agenda 020-07 Moved by Don Rickard, seconded by Richard Rekker That the Agenda for March 12, 2020 be adopted. Carried Approval of Minutes 020-08 Moved by Tom Barrie, seconded by John Cartwright That the minutes of the February 13, 2020 meeting be approved. Carried Presentation MPP David Piccini (Northumberland ❑ Peterborough South) ❑ Postponed. Tentatively rescheduled for April 9, 2020. Agricultural Advisory Committee of Clarington3 DJ HT❑ March 12, 2020 Delegations Jordan McKay ❑ Mr. McKay appeared before the Committee regarding the matter of W -W ❑ELRSDO SRV -K12 F�-Farm Special Events By-law. He provided the Committee with an overview of his concerns, relating to the following: ❑ 7 KH[EERDGEHVVLR AWL&I L1U OIR [fin -I DIP A8HF GtWE Land potential restrictions it may place on farm education and appreciation opportunities (e.g. corn maze, pick your own, farm tours); ❑ Potential discrepancy with the Provincial guidelines on permitted uses for prime agricultural lands; The methodology used to determine the parameters for frequency, number of events and number of guests proposed in the by-law; ❑ The length of the consultation and commenting period being too short; ❑ A general unawareness or lack of understanding of the importance of farm diversification to farm viability and sustainability; ❑ That the diversity of secondary on-farm uses cannot be captured by a single set of regulations, rather a site-specific approach to regulation is needed; and That other tools available to municipalities, such as site plan control, Ontario Building Code and Fire Code provisions, and public health requirements must be looked at to mitigate potential impacts of on-farm activities. Mr. McKay was appreciative of Municipal efforts to support local agriculture. He emphasized the importance of farms being able to provide opportunities for the public to learn about the importance of agriculture and overcome the stigmas that exist about how food is grown and raised. Brenda circulated comments received from Sarah Found. Comments were previously forwarded to Municipal By-law Enforcement. Business Arising from Minutes On-farm Special Events By-law: Municipal Law Enforcement (MLE) explained that the by-law was focused on commercial event venues that would operate secondary to a farm, such as wedding event venues. Farm produce outlets, educational farm tours, hay rides, corn mazes, pick -your -own and other similar farm experience activities are currently permitted by Municipal zoning and will continue to be permitted. The current zoning by-laws and the new proposed zoning by-law require a zoning by-law amendment for commercial on- farm event venues, such as a wedding venue. MLE explained the reason for the development of the proposed by-law, which is a result of a decision of the Local Planning Appeal Tribunal (LPAT) on an application for an on- farm wedding event venue, was reviewed. The proposed by-law would provide an additional layer for the mitigation of potential impacts for on-farm special events that have been approved following a site-specific rezoning process and after having received Site Plan Approval. The elements proposed for regulation through the by-law cannot be regulated through the Zoning By-law or Site Plan Control. Agricultural Advisory Committee of Clarington3 DJ HT❑ March 12, 2020 The Committee discussed the importance of balancing the concerns of neighbours who would potentially be exposed to the impacts of an on-farm event venue, if they occurred, and supporting agriculture and farm sustainability. The Committee also recommended broadened consultation with agricultural organizations, including Durham Farm Fresh and the Durham Region Federation of Agriculture, as well as existing diversified farm operators. The Committee established a sub -committee that would be available for the project team to cons❑W L1P IRII[P Dr1 A L :FGG ❑J AIVH G IL—URI farm special HYHLUM_I_ NH 0-I[$[RSRvHOIEalaw, and public engagement. Sub -committee members include: Eric Bowman, AACC Chair ❑ Les Caswell, AACC member ❑ Jennifer Knox, AACC CBOT representative ❑ Richard Rekker AACC DRFA representative ❑ Ted Watson, AACC member ❑ Sheila Hall, CBOT ❑ Jordan McKay, Community -at -large representative ❑ Allison Brown, Agricultural Program Coordinator, Region of Durham ❑ Amy Burke, AACC Staff Liaison MLE indicated that they will continue to accept comments on the proposed by-law beyond the March 20 comment deadline. Planning for additional communications and consultation is underway. Details will be circulated to all registered interested parties and posted on the project website. Comments received by March 20 will inform next steps. To learn more about the proposed rules, visit https://www.clarington.net/en/town- hall/proposed-on-farm-special-events-by-law.asp, email bylawenforcement(a)-clarington.net, or contact Duncan at 905-623-3379 ext. 2110. 2020 Trees for Rural Roads Program: 2020 application deadline is March 31. Applications available at www.clarington.net/treesforruralroads. ZONE Clarington: Staff report PSD -008-20 responding to correspondence from the 0 L L/1NL RI 10 ❑JFLSDO_ I I D-VD❑CEii RE L❑J Da1D=iiFFrnuiuDEGAWi0 1IV1NEVE FRP P H- R❑[SFRSRWHG� MJZ:IP Hd1M R FM-1❑f7 L -J DMR❑❑ the February 24 Planning and Development Committee agenda. Due to a procedural matter, the report was not adopted; however delegations were heard.. A letter from the Deputy Clerk explaining what occurred at the Committee meeting was sent to all ZONE Clarington Interested Parties, including the Agricultural Advisory Committee of Clarington, on February 28. The Rural Phase of ZONE Clarington continues to be tabled indefinitely. Correspondence. Council Items and Referrals Bill 156 Security from Trespass and Protecting Food Safety Act, 2019: Letter sent to the Mayor by Mitch Morawetz, President, DRFA. On March 2, Council passed Resolution #PD-050-❑❑[HEGR ALJ [LLI[SELJgSS(BI[CPQ -=R-IFH- Vi H-S+NA/HGli--5) ❑M❑ correspondence and that a similar letter be forwarded to the Honourable Ernie Agricultural Advisory Committee of Clarington3DJH®❑ March 12, 2020 Hardeman, Minister of Agriculture, Food and Rural Affairs. Resolution passed by the Township of Scugog regarding Bill 156 was also endorsed by Council (Resolution #PD - 049 -20). Liaison Resorts Durham Agriculture Advisory Committee: Tom provided an update from the March 10 meeting. Presentation by Regional Staff on the proposed Regional Woodlands By- law. Components favourable for the agricultural sector include the avoidance of requirements for permitting from both the Region and the local Conservation Authority and exemption from permit requirements for normal farm practices. The Region is also looking at good forestry practices and their relationship to the By-law. Durham Region Federation of Agriculture: Richard provided an update in his e-mail to all prior to the meeting. With the feasibility study for the Agriculture Education Centre Project now complete, the project steering committee will be regrouping to determine a clear mandate / vision for the project, possibly with a revised, smaller scale, and next steps. Durham Farm Connections: Volunteer Appreciation Event to be held April 9 at the Nestleton Community Centre with guest speaker Kelly Daynard from Farm and Food Care. East Central Holstein Club 7 Farm Car Tour, including multiple farms in Clarington, scheduled for March 18, 10:00am ❑ 3:OOpm. The annual Celebrate Agriculture Gala will be held on October 29, 2020 at the Scugog Community Centre. For ticket information, email info _durhamfarmconnections.ca. Clarington Board of Trade: CBOT is following the proposed On -Farm Special Events By-law and hearing from members about the potential implications of the proposal. Annual General Meeting and Awards Dinner will be held on April 16, 5:OOpm 118:30pm at Canadian Tire Motorsport Park. New Business Regional Anaerobic Digestion Facility: On February 27, the Region of Durham hosted a public open house on the new Mixed Waste Pre -Sorting and Anaerobic Digestion Facility. Six short-listed sites being considered were presented, including two in Clarington. On March 6, the Region of Durham released a detailed siting report for public comment. The report recommends a south Clarington site located next to the Durham York Energy Centre as the preferred location and details the methodology used and the factors considered to assess each site, including environmental impacts and estimated costs. The deadline for questions and comments on the siting report and the recommended site is March 20. Email adproject durham.ca. Enbridge Gas Door -to -Door Survey: Enbridge Gas is considering the submission of a S ERSRvDMV&i 3 RALIFHN" DN-DO1134 ESDI MR❑r3 -RJ ZP dR MISWUE011 expansion of natural gas services to North Clarington (Tyrone, Haydon and Enniskillen). Throughout March, Forum Research, on behalf of Enbridge Gas is conducting door-to- door surveys in northern Clarington to gauge interest and gather information. More informatlR❑W[DYa0E®ICR❑V9 ICO ❑ IFLSD5/V-Z EVLW-Dfl Agricultural Advisory Committee of Clarington3DJH®❑ March 12, 2020 https://www.clarington.net/en/news/enbridge-gas-conducting-door-to-door-surveys-in- northern-clarington. asp ELiFC 3LJI LEJGHIHIDV❑FRd IRIPD\5UdfUT❑Fi\A&C/R❑-I concerns. Farms at Work - Local Food Networking Event: The 4t" year of this event is taking place on March 24 at the Douro Community Centre from 10:00 am ❑ 1:00 pm. For information, email coordinator(a).farmsatwork.ca. Next Meeting Thursday, April 9, 2020 @ 7:30 pm (TENTATIVE) MPP David Piccini (Northumberland ❑ Peterborough South) Clarington Engineering Services, 2020 Capital Projects Future Agendas: (May 2020) Kathy Macpherson, Greenbelt Foundation re: vertical farming David Piccini, MPP, Northumberland ❑ Peterborough South Philip Lawrence, MP, Northumberland -Peterborough South ❑ R-Iid1 41-112 17 F;RUEIO 3 ® ❑1KDP Region of Durham Works re: 2020 capital projects Clarington Engineering Services (Building Division) re: National Building Code changes for farm structures anticipated for 2020 (once the changes have been confirmed) Brianna Ames of Fairlife (Coca-Cola) Simon Gill, Durham Region Economic Development & Tourism re: an update on the Durham Region Agricultural Strategy and Durham Region Broadband Strategy Agricultural Advisory Committee of Clarington3DJH®❑ March 12, 2020 Draft minutes ❑ Not yet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD TUESDAY MARCH 10, 2020 7:00 PM Present: Meaghan Vandenbrink Tom Hossie Kate Potter Patrick Bothwell Leo Blindenbach Brian Reid Regrets: Rod McArthur Carrie -Anne Atkins Tyson Brooks Councillor Corinna Traill Staff Present: Peter Windolf 1. AGENDA MOVED: by Kate Potter SECONDED by Leo Blindenbach THAT: the agenda for March 10, 2020 be accepted; CARRIED 2. MINUTES OF PREVIOUS MEETING Approval of Minutes MOVED: by Leo Blindenbach SECONDED by Tom Hossie THAT: the minutes of January 14, 2020 be approved CARRIED 3 DJ HT❑ SWNA March 2020 minutes 3. UPDATES Pollinator Presentation April 26, 2020 A presentation by Sheila Colla, an interdisciplinary Conservation Biologist interested in pollinator conservation is scheduled for Sunday April 26 at the Diane Hamre Recreation Centre in Newcastle. Her presentation fits with the other 2020 initiatives by the committee to enhance pollinator habitat at the SWNA. Brian Reid has recently communicated with Dr. Colla to confirm her attendance. He will follow up to confirm her AV needs. Kate Potter is preparing the poster for the event. Once completed and reviewed by Clarington Communications several hard copies of the poster will be printed and laminated for display at the SWNA. The poster will also be uploaded to SWNA social media platforms. Wildlife Preservation Canada who approved the SWNA wildflower seed grant will not be participating at the event but will provide handouts. At the event Kate Potter will provide a presentation about the iNaturalist app. iNaturalist is a citizen science project and online social network of naturalists, citizen scientists, and biologists built on the concept of mapping and sharing observations of biodiversity. 2020 Spring Clean-up Leo Blindenbach reported that the spring clean-up for the SWNA, Port of Newcastle and Bond Head is scheduled for April 18. Volunteers for the SWNA will meet at the Toronto Street parking lot at 10:OOAM. A BBQ for volunteers is scheduled for noon at the Admirals Walk Clubhouse. Committee Vacancies Due to recent resignations from the committee the Clerks Department has advertised for two new SWNA members. The new members will be appointed at the March 23 Council meeting. Possible Summer Event with Wildlife Preservation Canada The committee discussed the merits of a summer event that could highlight the pollinator initiatives of Wildlife Preservation Canada, including bee surveys and/or butterfly counts. Since the SWNA committee usually does not host indoor events in the summer the consensus was that a presentation by Wildlife Preservation Canada would be more appropriate for the spring or fall and can be discussed at a future meeting. SWNA Retractable Banner The committee reviewed sample graphics for a retractable banner that could be used at future events. Kate Potter will revise the graphics which will then be provided to the banner manufacturer to create a proof. The committee would review the proof prior to authorizing the production of the banner. Q W1 ' m■ SWNA March 2020 minutes 4. OTHER BUSINESS iNaturalist Event The committee discussed the idea of holding another event on site to promote use of the iNaturalist app at the SWNA. The event could be held in conjunction with a butterfly count sometime in the summer. To be discussed further at a future meeting. 5. MOTION TO ADJOURN MOVED: by Patrick Bothwell SECONDED by Meaghan Vandenbrink THAT: the meeting be adjourned. CARRIED Adjournment 8:20 PM Next Meeting: Tuesday April 14, 2020 Notes prepared by: Peter Windolf C1arbgton Tmriwv CLARINGTON TOURISM ADVISORY COMMITTEE Minutes of Meeting March 12, 2020, 9 a.m. MAC Meeting Room 1A Members Present: Fred Archibald, Chair (left meeting at 10:15 a.m.) Christine McSorley Evan King Petra Schwirtz Amy Verwey Tanya Albis, CBOT Regrets: Ann Harley Brandon Pickard, Durham Tourism Councillor Ron Hooper Kim Neziroski Staff: Ashlee Kielbiski, Tourism Programmer Basia Radomski, Communications and Tourism Manager George Acorn, Director Community Service Lee -Ann Reck, Client Services Manager 1. Call to Order o Meeting was called to order E19:05 a.m. 2. Adoption of Agenda Moved by, Evan King, seconded by, Petra Schwirtz: That the agenda for March 12, 2020, be adopted. Carried 3. Approval of December 16, 2019, Meeting Minutes Moved by, Petra Schwirtz, seconded by, Amy Verwey: That the meeting minutes of December 16, 2019, be approved. Carried 4. Presentations o None 5. New Business 1 Organizational Structure Review Update o Council approved the Organizational Structure review report that, in part, recommended Tourism move from the CAO Office to Community Services. o The Tourism Division will be moving to the Community Services department, reporting to Lee -Ann Reck, Manager of Client Services, on April 1, 2020. o Community Services offers additional support to the tourism team in a variety of ways. They can maximize our public reach with five front desk operations in five recreation centers throughout Clarington. This will help ensure that our tourism message reaches a larger audience and helps build ambassadorship. These recreation centers see thousands of people every weekend, providing a significant opportunity to share our tourism message with these residents and visitors. o The team will find synergies and efficiencies working with the Community Development team as our teams work on similar projects with the community, residents, visitors, and business stakeholders. o The Communications department will continue to work closely with Tourism in all advertising, marketing and communications -related matters. o Members discussed that a memorandum is sent to tourism stakeholders to communicate how this change in reporting structure will affect the stakeholders. News on the transition, including additional resources and opportunities, will be shared via the tourism stakeholder newsletter. o This move to Community Services does not affect the tourism 2020 budget. Shared Vision for Tourism ❑ review and finalize o On December 16, 2019, a facilitated session with Peter Spratt helped the committee create a shared vision. o The Chair brought up a discussion of the wording of the December 2019 vision statement. o The meaning and inclusion of the ❑R_G/17IFILH_RH, visitors/tourist, recreation and ®LV A -D❑GFFSSR-FLCM/LMIH-HDMWd\&+iG[FFKHcommittee decided, HLI❑ FR®F11R❑1l 1111tiTEHLFRP P ❑d r LE-M-jl KHEHDUFD❑Til_1RLEaEHA/ -Hi:SHLLH❑FH-I accurately includes our different communities and hamlets, our history, and the wide variety of activities, experiences and opportunities for visitors and residents. o Important to note that the vision statement is an internal document to be used to help shape our marketing and communication efforts. It is not a tag line on marketing material. o The vision allows tourism to tell the unique, authentic story of Clarington. rew-agn-■li ; ■. 11 ■ I' I ■� ■� ; =.. ■QI�1 �/' �c�t I. ■ .�■[el■� v' o The Tourism Advisory Committee agrees to adopt the vision as part of the minutes. o Minutes will be emailed to the Tourism Advisory Committee for digital approval and will go to Council for the next meeting. 2 Q W1 ' 111 ■ o The Committee discussed having monthly or bimonthly meetings. These will be at the call of the Chair. Fred Archibald leaves at 10:16 a.m. Petra Schwirtz takes over as Chair at 10:16 a.m. It was discussed that the Committee would like to be more involved. The next meeting will address how we are implementing the strategic initiatives and action items in the current tourism work plan. 6. Other Business o None 7. Date of next meeting: o April 2020. Date to be determined and emailed to committee members. 8. Motion to adjourn Moved by, Evan King, seconded by, Christine McSorely, Carried. The meeting concluded at 10:30 a.m. 3 3 DJ HTFI Clarington Joint Committee Report to Council If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: April 14, 2020 Report Number: JCR -002-20 Report Subject: Joint General Government and Planning and Development Committees meeting of April 6, 2020 Recommendations: 1. Receive for Information (a) Item 10.1 Minutes of the Energy from Waste - Waste Management Advisory Committee dated February 25, 2020 (b) Item 10.2 Minutes of the Orono Business Improvement Area dated February 20, 2020 (c) Item 10.3 Minutes of the Bowmanville Business Improvement Area dated (i) ESD -003-20 Emergency Services Activity Report L Q4 2019 01-01M m■ February 11, 2020 (d) Item 10.4 Minster Steve Clark, Ministry of Municipal Affairs and Housing, Regarding Provincial Policy Statement, 2020 (e) Item 10.5 Dianne Tominac, Office Manager/Scheduler, Ministry of Municipal Affairs and Housing, Regarding a Meeting to discuss Clarington's Comprehensive Zoning By-law Review (f) Item 10.6 Evelyn Dawes, Deputy Registrar, LPAT, Regarding Adjournment of Hearing Events - Suspension of Timelines (g) Item 10.7 Memo from Rob Maciver, Municipal Solicitor, Regarding Status of LPAT Appeals of OPA 107 (h) Item 10.8 Memo from Faye Langmaid, Acting Director of Planning, Regarding Statutory Public Meeting during COVID-19 (i) ESD -003-20 Emergency Services Activity Report L Q4 2019 01-01M m■ Municipality of Clarington Page 2 Report JCR -002-20 2. Bowmanville Business Improvement Area Correspondence, Regarding a Resignation and Appointment to the Bowmanville BIA That resignation of Morgan James be received; and That Erin Kemp be appointed to the Bowmanville Business Improvement Area. 3. Heather Morrison, Clerk, Grey County, Regarding Supporting 100% Canadian Wines Excise Exemption That the following resolution from Grey County, regarding supporting 100% Canadian Wines Excise Exemption be endorsed by the Municipality of Clarington: : KHLd-CIYM DCCMVIH0 IIDG HLFLYH ❑l.uN QO-HJ-P SW I]❑❑❑ 7[] DC DGDC L wines; Whereas, Australia has asked the World Trade Organization (WTO) to rule that his exemption is discriminatory; Whereas, if the WTO were to rule with Australia, Canadian wineries making 100% Canadian wine would no longer be exempt; Whereas, the present value of the excise exemption is $39 million annually across Canada; Whereas, in the 13 years since this exemption was created, the production of 100% Canadian wine has increased by almost 30 million litres, representing an additional annual contribution of $2.7 billion to the Canadian economy; Whereas, Grey County, specifically the municipalities of Meaford and Town of Blue Mountains, is home to a number of successful, award winning, boutique wineries; Now Therefore Be It Resolved That, the County of Grey supports the excise exemption for 100% Canadian wines; and That, the County of Grey appeals to the Federal government to ensure the exemption remains in place by reaching an agreement with Australia prior to the WTO ruling; and That, this motion be forwarded to: The Right Honourable Justin Trudeau, Prime Minister of Canada; The Honourable Andrew Scheer, Leader of the Official Opposition; Yves-Frangois Blanchet, Leader of the Bloc Quebecois; Jagmeet Singh, Leader of the New Democratic Party of Canada; Jo -Ann Roberts, Interim Leader of the Green Party of Canada; The Honourable Mary Ng, Minister of Small Business, Export Promotion, and International Trade; Alex Ruff, Member of Parliament for Bruce -Grey -Owen Sound; AMO Member 0-aFISDWIV-) L 0 -0 HP EHLf0 CLFLSDWIV-9 U4 4 -D&L$ ®CFH12 CUR_ Craft Wineries; Ontario Craft Cider Association. Q W1 ' m■ Municipality of Clarington Page 3 Report JCR -002-20 4. Restrictions in Ontario on Sale of Wines from Other Provinces That the correspondence arising out of Resolution #JC -010-20 (regarding Supporting 100% Canadian Wines Excise Exemption) also include the following: That an explanation be provided as to why wines produced in other provinces cannot be purchased within Ontario, but Australian wines can be purchased. 5. Memo from Faye Langmaid, Acting Director of Planning Services, Regarding Interim Control By-law 2018-083 for 94 Elgin Street That the exemption for 94 Elgin Street from Section 1. b. of Interim Control By-law 2018-083 for regulations for an addition to an existing dwelling, be approved. 6. Applications by Brookfield Residential (Ontario) Ltd. for a redline Revision to a Draft Approved Plan of Subdivision and Rezoning, east side of Regional Road 17, Newcastle That Report PSD -009-20 be received; That the application by Brookfield Residential (Ontario) Ltd. for a redline Revision to Draft Approved Plan of Subdivision and Rezoning, east side of Regional Road 17, Newcastle continue to be processed; That once the Statutory Public meeting decision timeframes come back into effect, a recommendation report will be brought back for decision; and That all interested parties listed in Report PSD -009-20 and any delegations be DG'11M-GR LEI R❑C FUY C3-FLVLM 7. Declaration of Surplus Lands -]Port Darlington Road Village Commercial Lands, 151, 157, 163 and 167 Port Darlington Road That Report PSD -010-20 be received; That Council declare surplus approximately 0.7 hectares of property, shown in Figure 1 of Report PSD -010-20, as surplus; That Council authorize staff to undertake the necessary processes to prepare the lands for disposal in accordance with By-law 2011-11, being a By-law to govern the sale and other disposition of surplus municipal land; and That all interested parties listed in Report PSD -010-20 and any delegations be DG114-GR11R❑CFLCVLG+ M 8. Proposed Amendment to By-law 2014-059, being a By-law to Regulate Traffic and Parking on Highways, Private Property and Municipal Property That Report EGD -005-20 be received; That the By-law attached to Report EGD -005-20, as Attachment 2, be approved; and That all interested parties listed in Report EGD -005-20 and any delegations be DGYL�/l-G- Rl 7 RECFLCVLG+ M Q W1 ' m■ Municipality of Clarington Page 4 Report JCR -002-20 9. Sponsorship, Naming Rights and Advertising That Report CSD -003-20 be received; That staff prepare corporate -wide guidelines for the solicitation and administration of a consolidated Sponsorship, Naming Rights and Advertising program; That staff be authorized to issue a Request for Proposal (RFP) to seek competitive pricing for the provision of services related to the solicitation and administration of sponsorships, naming rights and advertising for municipal buildings, parks and sport fields; That staff report back on the results of the RFP, seeking approval to award to a successful vendor; and That all interested parties listed in Report CSD -003-20 and any delegations be advised of Council's decision. 10. North Scugog Court Reconstruction That Report COD -005-20 be received; That Nick Carchidi Excavating Ltd. with a total bid amount of $886,718.48 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-3 be awarded the contract for the North Scugog Court Reconstruction as required by the Engineering Services Department; That the total funds required for this project in the amount of $1,023,300.00 (Net HST Rebate), which includes the construction cost of $886,718.49 (Net HST Rebate) and other costs including design, material testing, utility daylighting, inspection, contract administration, permit fees and contingencies in the amount of $136,581.51 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts: North Scugog Court Reconstruction - Dan Sheehan Lane to Concession Rd 3 (Prior years and 2020) 110-32-330-83358-7401 679,500 North Scugog Court Reconstruction - Dan Sheehan Lane to Concession Rd 3 Region of Durham Recovery 110-32-330-83358-7402 343,800 That the contract award be subject to the Region of Durham receiving approval for the funding required to complete their portion of work for this project; and That all interested parties listed in Report COD -005-20 and any delegations be DGAM-GR I[[] R❑C FL0IG+MRCE1 11. Orono Town Hall Accessible Elevator Addition and Universal Washroom That Report COD -009-20 be received; 01-01M m■ Municipality of Clarington Resort JCR -002-20 Page 5 That MVW Construction and Engineering Inc. with a total bid amount of $414,462.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-2 be awarded the contract for the Orono Town Hall Accessible Elevator Addition and Universal Washroom, as required by the Operations Department; That the total funds required for this project in the amount of $447,000.00 (Net HST Rebate), which includes construction cost of $414,462.00 (Net HST Rebate) and other related costs such as design, inspection, contract administration and contingencies of $32,538.00 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts: Orono Town Hall Accessibility Upgrades (2019) 110-36-370-83630-7401 $295,000 Orono Town Hall Accessibility Upgrades (2020) 110-36-370-83630-7401 $152,000 That all interested parties listed in Report COD -009-20 and any delegations be DGMM- GR ILI R❑CRCVLG-FLVLRC L 12. COD -010-20 Courtice Court C Sanitary Sewer and Watermain Construction That Report COD -010-20 be received; That Eagleson Construction Ltd. with a total bid amount of $1,692,074.38 (Blended HST) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2019-37 be awarded the contract for the Courtice Court Sanitary Sewer and Watermain Construction as required by the Engineering Services Department; That the total funds required for this project in the amount of $1,979,817.71 (Blended HST), which includes the construction cost of $1,692,074.38 (Blended HST ) and other costs including design, contract administration, material testing, inspection, and contingencies in the amount of $287,743.33 (Blended HST), is in the approved budget allocation or has been approved by Council and will be funded from the following accounts; Municipal Servicing (2019) (From Participating Owners Recovery Strategic Capital Reserve Fund(For Non -Participants) Engineering Services ❑ Pavement Rehabilitation 110-32-330-83212-7403 903,669 510-00-000-00000-6660 701,841 110-32-330-83212-7401 374,307 That the contract award is subject to the Municipality of Clarington executing a cost sharing agreement with the participating landowners and receiving the funds required to complete their portion of the work; and 3 DJ H®❑ Municipality of Clarington Resort JCR -002-20 Page 6 That all interested parties listed in Report COD -010-20 and any delegations EHI DGYW- RI Fifl R C FL0V-G-FlI4RQ 13. Anaerobic Digestion Facility That that matter of the Anaerobic Digestion Facility, be referred to Staff to report back to the April 27, 2020, Planning and Development meeting; and That the Region of Durham be requested to extend the public comment periods for the anaerobic digestor and the expansion of the DYEC from 140 to 160 tonnes, and also examine alternate forums that allow the public meaningful participation. 14. By-law Enforcement Discretionary Powers That Staff report back at the September 14, 2020 meeting on wording to be included in all regulatory by-laws as follows: a Municipal Law Enforcement Officer (MLEO) deems a reported violation of municipal by-law(s) to have been made that is frivolous, vexatious or malicious in nature; 1. Where the complainant of the reported violation(s) is not adversely and/or directly affected by the by-law violation; 2. Where the complainant of the reported violation does not reside or own property within The Municipality of Clarington; 3. Where a reported violation does not compromise or otherwise negatively affect the health, safety or security of person of the citizens of the Municipality of Clarington; 4. The Municipal Law Enforcement Officer (MLEO) may exercise his/her discretion in not proceeding with enforcement action; and 5. The complainant who has reported a violation of municipal by-law(s) pursuant to (1), (2), (3) or (4) above shall be guilty of an offence, and subject to a maximum fine of $1,000.00. 15. Surplus Properties That the recommendations contained in Confidential Report PSD -011-20, Surplus Properties, be approved. Q W1 ' m■ Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: April 14, 2020 Report Number: FND-008-20 Submitted By: Trevor Pinn, Director of Finance/Treasurer Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: By-law Number: Report Subject: COVID-19 Financial Support Program Options Recommendations: 1. That Report FND-008-20 be received; 2. That Director of Finance continue to work with local area treasurers and the Region of Durham to develop a sustainable consistent approach for support of those impacted by the COVID-19 pandemic; 3. That the Director of Finance and the Director of Community Services create a new J ID-MLRJ LUP AWS' RP P ❑dLl ' 2 9,' L6 ❑SSRLW I.DEW LRJ lIDP 1P RG -O GAfte r the existing Community Grants Program specifically to target relief to businesses and residents effected by COVID-19; 4. That the Community COVID Support Grant Program be funded from the Tax Rate Stabilization Reserve Fund up to $100,000; and 5. That staff report back to Council at the earlier of the first available meeting after the 31RdLIFHVCemergency declaration is lifted or July 6, 2020. Municipality of Clarington Report FND-008-20 Report Overview Page 2 The COVID-19 pandemic has had an undeniable impact on our economy, residents and E❑\A.LI-NVM/am R-iu LiSl9;SHlWAU-L U-KIHI LSL J IIDP JRUERWLE uQ L❑GILIC-D( r❑ � CH[O ❑- LFLSDOV DEL LIRI HINBEILIKIN AVQP LUNGE-dHEMunicipal Act, 2001 and bonusing rules limit our ability to provide support to businesses. Staff are recommending that the Municipality provide relief to taxpayers through a new community grant program that will provide support to eligible organizations that are assisting those impacted by COVID-19. While the support does not directly impact the tax accounts of those impacted, it would provide other support which could ease the burden those impacted by COVID-19 are facing. Staff will continue to work with other local area municipalities and the Region of Durham on other tax relief or financial support programs which may more directly impact taxpayers. 1. Background Property Tax Relief at March 23, 2020 1.1 At the Council meeting of March 23, 2020, Council approved the tax relief measures outlined in report FND-007-20 which included a 60 -day waiver of penalties and interest (May 1, 2020 and June 1, 2020) starting after the April 23, 2020 due date, waiving of service fees and delay in the due date for the June installment of taxes by one month. 1.2 Municipalities within the Region of Durham passed similar measures as mentioned above. Area treasurers, including the Regional Treasurer, met and continue to meet to ensure that municipalities are providing similar relief throughout the Region. 1.3 Historically, the Region of Durham will only provide tax relief or grants for its portion of taxes if all the local municipalities adopt similar programs. This prevents a shift of taxes from one municipality to another and treats all regional taxpayers equitably. This is a key reason why the area treasurers meet to discuss recommended responses to the COVID-19 pandemic to ensure that we are all taking similar approaches and maximizing the relief that can be sought. 1.4 At the March 23, 2020 meeting, Council requested that staff report back to Council on April 14, 2020 RT-DT3 LPSHLW D-5 H(NI 13 L92J LIDP 7RUERW[EEN LHVO-VUDEGILICLIGEDUT Legislative Ability to Write-off Taxes 1.5 Section 354 of the Municipal Act, 2001 VLYVVVOW DEHVVEDWRAEH ' 11bJ016 aR I +UFHSW L❑[IDFFFRI![)❑FHIIII0VAVN-FWUF_117 d-INI-FZZaJ R -K/ R❑VZSIURELC-iMLFHAIP M/C❑ EHIIVN❑ Treasurer of a local municipality shall remove unpaid taxes from the tax roll: Q W1 ' m■ Municipality of Clarington Report FND-008-20 Page 3 L The council of the local municipality, on the recommendation of the treasurer writes off the taxes as uncollectible; ❑ The taxes are no longer payable as a result of tax relief under section 319, 345, 357 358, 362,364,365,365.1 or 365.2 or a decision of any court; or ❑ The taxes are no longer payable because the tax liability arose as result of the assessment of land under subsection 33(1) of the Assessment Act for a period during which a regulation made under subsection 33 (1.1) of that Act provides that subsection 33(1) of that Act does not apply to land. 1.6 At this point, it is too early to tell if there are any taxes which are uncollectible given the variety of tools that are available for collection and the allowed timeframe for collection. Historically in Clarington, the provision for uncollectible taxes has been used for small value write-offs where the cost to try and collect outweighs the actual amount outstanding. 1.7 Section 319 of the Municipal Act, 2001 does not apply to the Municipality of Clarington as it applies to a municipality other than a lower -tier municipality. This section provides relief to low-income seniors and low-income persons with disabilities. The relief is in the form of a tax deferral or cancellation of a tax increase on residential property. Any relief under this section is determined by the Region of Durham. 1.8 Section 345 of the Municipal Act, 2001 relates to late payment charges for the non- payment of taxes or any instalment by the due date. The local municipality shall cancel or refund late payment charges for penalties and interest on overcharges of taxes arising as a result of errors or changes (an assessment change, property class change or allocation of property class change). Relief as a result of COVID-19 would not be applicable under this section of the Act. 1.9 Section 357 of the Municipal Act, 2001 allows the local municipality to cancel, reduce or refund all or part of taxes levied on land in respect of which the application is made if: a. As a result of a change event, as defined by the Assessment Act, during the tax year, the property or portion of the property is eligible to be reclassified in a different class of real property which has a lower tax ratio for the taxation year (e.g. a commercial property becomes a residential property during the year taxes may be written off); b. The land has become vacant land or excess land during the year or the preceding year; c. The land has become exempt from taxation during the year or preceding year after the return of the assessment roll for the preceding year; Q W1 ' m■ Municipality of Clarington Page 4 Report FND-008-20 d. During the year or during the preceding year after the return of the assessment roll i. a building on the land was razed by fire, demolition or otherwise, or was damaged by fire, demolition or otherwise so as to render it substantially unusable; d.1 The applicant is unable to pay taxes because of sickness or extreme poverty; e. A mobile unit on the land was removed during the year or during the preceding year after the return of the assessment roll for the preceding year; A person was overcharged due to a gross or manifest error that is clerical or factual in nature, including the transposition of figures, a typographical error or similar error but not an error in judgment in assessing the property; or g. Repairs or renovations to the land prevented the normal use of the land for a period of at least three months during the year. (this was removed for years after 2007) 1.10 From the above, the only authority under section 357 would be due to sickness or extreme poverty. This would be on a case by case basis and would not be, in my opinion, justification for a broad write-off of taxes. This section could allow for an application based program for relief, this could be administratively burdensome and potentially subjective which is why this section is not typically used for tax relief. 1.11 Section 358 of the Municipal Act, 2001 relates to overcharges. Upon application to the Treasurer of a local municipality, the local municipality may cancel, reduce or refund all or part of taxes levied on land: a. In one or both of the two years preceding the year in which the application is made for any overcharge caused by gross or manifest error in the preparation of the assessment roll that is clerical or factual in nature; b. In the year or years in respect of which an assessment is made under section 33 or 34 of the Assessment Act for any overcharge caused by a gross or manifest error in the preparation of the assessment that is clerical or factual in nature. 1.12 Relief under section 358 would not be applicable in the current situation. 1.13 Section 362 of the Municipal Act, 2001 does not apply to lower -tier municipalities and is therefore not applicable to the Municipality of Clarington. This section relates to relief for those properties which are subject to capping on property taxes. 1.14 Section 364 of the Municipal Act, 2001 no longer applies as it related to vacant unit rebates. This program was ended within the Region of Durham, as well as many Q W1 ' m■ Municipality of Clarington Report FND-008-20 Page 5 municipalities throughout the Province of Ontario, in 2019. This program was available to commercial and industrial properties which had vacancies of at least 90 consecutive days. 1.15 Section 365 of the Municipal Act, 2001 the Council of a local municipality may, in any year, pass a by-law to provide for the cancellation, reduction or refund of taxes levied for local and school purposes in the year by the council in respect of an eligible property of any person who makes an application in that year to the municipality for that relief and whose taxes are considered by the council to be unduly burdensome, as defined in the by-law. 1.16 Under section 365, eligible properties are those within residential, farm or the managed forest property class. This would not apply to multi -residential, commercial or industrial properties. Further, there is no requirement that the upper -tier have the same program, if they do not the lower tier municipality would be required to pay the upper tier for the full amount of the taxes. 1.17 Section 365.1 of the Municipal Act, 2001 provides for cancellation of all or a portion of taxes for municipal and school purposes levied on specified properties (a property for which a phase two environmental site condition has been conducted) in respect of the rehabilitation period and/or the development period of the property. This would not be applicable in this situation. This type of relief is common in attempts to redevelopment brownfield sites. 1.18 Section 365.2 allows tax reductions for heritage properties outlined in the Municipal Act, 2001. Again, this would be a targeted relief for specified types of properties that are designated under the Ontario Heritage Act. This would not be COVID-19 related. 1.19 As can be demonstrated from the above, the situations in which a municipality may provide tax relief are highly prescribed. If Council wished to provide relief for taxpayers impacted by COVID-19 it would, in my opinion, need to be an application -based relief under section 357 d.1 or potentially section 365. 1.20 The difficulty with application -based programs would be that there would be an added layer of administration and this could be subjective unless it is are very clearly prescribed in who would qualify for assistance. Ability to Provide Financial Support 1.21 While the request from Council was specific to property tax relief, there may be other opportunities for the Municipality to provide fiscal support to individuals and businesses. These other supports are again limited, however in these times, looking outside the box may provide the best support for those in need. Municipality of Clarington Report FND-008-20 Page 6 1.22 Section 106 of the Act prohibits a municipality from assisting directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. 1.23 The Municipal Act, 2001 provides municipalities general powers, notwithstanding section 106, to make grants in section 107 of the Act. Grants under this section includes several powers including guaranteeing loans, providing for use of property, staff, sales of property at a nominal price or the donation of foodstuffs and merchandise purchased by the municipality for that purpose. These would be to those organizations that are not considered a manufacturing business or commercial enterprise. 1.24 Using the above authority, the Municipality could provide financial or in-kind support to non -SLR WRWI D LD&RA/ LVDll/_SSR&WH RP P ❑CIL V7 d-I[D ❑AFLSDWVLI7 RP P LI -W-1 Grants Program is an example of this. 1.25 Providing support or services for small business counselling is permitted under section 108 of the Municipal Act, 2001. This service could include the ability to acquire land and buildings to provide leased premises to eligible small businesses, provide grants to corporations, lease land to small businesses. 2. Financial Support Provided by Other Governments Government of Canada 2.1 Report FND-007-20 outlined several steps that the Government of Canada was taking to assist taxpayers through COVID-19. 2.2 The Government of Canada further announced on March 27, 2020 that the previously announced 10% wage subsidy to help small businesses maintain their payroll will be increased to 75% and backdated to March 15, 2020. This measure is intended to help small and medium enterprises (SME) keep their staff employed during the COVID pandemic. 2.3 The Government will guarantee interest free loans of up to $40,000 to businesses from banks. 2.4 Several tax filing dates have been deferred, including GST/HST returns. 2.5 The Government of CD❑DGDVLFFR:::RP LFU1M/SRnM[SW2/LDED0EQ[online and is changing as more information becomes available. Municipality of Clarington Report FND-008-20 Province of Ontario Page 7 2.6 Report FND-007-20 outlined several steps that the Province of Ontario had announced it was taking to assist taxpayers through COVID-19. 2.7 Since that date the Province provided an economic update, originally intended to be the Provincial budget, which included a one-time $200 -per -child payment to offset school and daycare closures, doubling support to low-income seniors, deferring OSAP payments, lowering electricity rates, increasing the Employer Health Tax exemption and VI-AAI91-J DM-Gi[L❑❑G✓ VR DE\/RLE SHS ❑VFRd-LMHL-1 provincially -administered tax burden. 2.8 The Province followed the Government of Canada in deferring the due date for several taxes and fees including EHT, WSIB and income taxes. 2.9 Tax assessments for 2021 will be frozen at the 2020 assessment value. This provides stability for property owners in 2021 as there will not be an impact on taxes as a result of market value phase-in. 2.10 The Province also announced that starting with the June 30, 2020 the deadline for municipalities to pay the education portion of taxes collected would be pushed back 90 days. This coincides with many m❑❑IFLSDQ&M_[P R-HLVRaIHUG_HI DL HISH_DWV for 60 to 90 days. Region of Durham 2.11 The Region of Durham has delegated authority to the Regional Treasurer in order to address certain financial concerns. We are anticipating that the Region will defer the $ SUIDTIFFM❑❑❑[SDEP HEVGHA2MrRm-1 ❑❑H[[5❑VUFLFLC+I-F IVV-WHFAR❑ HLUHN= DLdHJR ❑ penalties and tax on May 1, 2020 and June 1, 2020. 2.12 The Region announced on March 26, 2020 that all water and sewer bill late payment charges, collection notifications and water shut offs for non-payment have been suspended. This is like the support provided by other municipalities that have water and wastewater services. 2.13 The Region will be providing loans to chambers of commerce, including CBOT, to ensure that these organizations are able to assist businesses with accessing financial supports from both the Province of Ontario and Government of Canada. 2.14 Region staff have indicated that past practice is that support should only be made if it benefits and is available to all municipalities. To provide support in any other way would create a shift of the tax burden between municipalities. Region staff are supportive of a group response to financial support. Municipality of Clarington Report FND-008-20 Other Municipalities Page 8 2.15 A scan of support offered by other municipalities reveals that most are in line with what the Municipality of Clarington has already provided. It should be noted that some municipalities (such as the City of Toronto or the City of London) have included waivers/deferrals of interest and penalties on water/wastewater bills and utilities. The Municipality of Clarington does not have control over these utilities and is unable to provide relief for these services; however as noted above, the Region of Durham has suspended late payment charges for water and sewer services. 2.16 Most municipalities have waived penalties and interest for approximately 60 days. There are several where the waiver is 90 days, this is likely to do with timing of the instalment dates as each municipality sets their own instalment schedule. Durham municipalities also announced a delay in the first instalment of the final tax due date by one month which mitigated the potential of two due dates in the same month. 2.17 The City of Markham has announced that no penalties and interest will be charged until December 31, 2020. Although taxpayers are [Eirged-to pay on time. This length of time for a waiver is not advised by staff for several reasons. First, this could serious WF; SDLG _HAAH_0 L❑IFLSDWV_FIX0N ❑ iEE] R❑QEH_UIR L1FHEkUH1FL SDJWVV pay on time. Second, the Municipality budgets for approximately $1.25 million in penalties and interest annually to offset the tax levy, a waiver for the remainder of the year could result in a significant draw from the tax rate stabilization reserve fund in 2020. It should be noted that no other municipality, that the writer is aware of, has announced this length of interest/penalty relief. 3. Suggested Support 3.1 It is still very early to determine the full impact of the COVID-19 pandemic on the economy of Clarington which includes residents and businesses. As we are still within the pandemic, it is beneficial to defer a decision on further tax relief until we are better able to determine the financial constraints the Municipality is under. 3.2 Area municipalities, including the Region of Durham, are meeting regularly to determine the process for tax relief within our authority to do so. If we act on our own, we will not likely be able to leverage the Region of Durham for financial assistance. 3.3 As the Municipality is restricted in our ability to provide financial or other in-kind support to enterprises any support should be funneled through eligible organizations. The Municipality could provide financial support to CBOT to provide small business counselling services to assist small business in this time of need. 3.4 , V%/_LWF; P P HE&GANDAYiHo LLLi RP P ❑EW- 2 9,' L6 SSRLW LID VO LRJ LUP EH -1 established. The Director of Finance and Director of Community Services be directed to 0101M ' m■ Municipality of Clarington Report FND-008-20 Page 9 create the framework and advertise for this program with recommended awards to be brought back to Council. Staff are suggesting that an initial program of $100,000, funded from the Tax Rate Stabilization Reserve Fund be established. This program would provide funding to non-profit organizations to provide community support programs, including those supporting small -businesses, to those in need as a result of the COVID-19 pandemic. 3.5 While not directly tax support, by providing support for organizations to assist with providing food, meals, deliveries and other services we are able to allow the residents and taxpayers to avoid those costs which is an indirect financial support for our community. 4. Concurrence This report has been reviewed by the Director of Community Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that staff be asked to report back at the first available meeting after the lifting of the emergency declaration or July 6, 2020 whichever is earlier. Staff Contact: Trevor Pinn, CPA, CA Director of Finance/Treasurer, 905-623-3379 x.2602 or tpinn@clarington.net. Attachments: Not Applicable There are no interested parties to be notified of Council's decision. 01-01M m■ Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: April 14, 2020 Reviewed By: Andrew C. Allison, CAO File Number: Report Number: CAO -012-20 By-law Number: Resolution#: Report Subject: COVID-19 Business Continuity Planning Recommendation: 1. That Report CAO -012-20 be received for information. Municipality of Clarington Report CAO -012-20 Report Overview Page 2 In 2008, the Municipality approved a Business Continuity Plan. The purpose of the Plan is to provide a guide to maintain essential services in the event of a nation-wide pandemic. This report specifically addresses staffing issues in relation to the maintenance of Municipal services during the COVID-19 pandemic. 1. Background Emergency Planning 1.1 Through Report COD -27-08, Council endorsed a Municipal Business Continuity Plan WH -13 ® MVU dSN[P ❑LFLSDOGHSDLW Hd1VLMHNEH1-VR -DrSDI-G-P LFRLJ\ P L®(t emergency. The Plan is part of the 0 -IdFISDOWoverall Emergency Plan. It was developed in anticipation of a pandemic caused by contagious respiratory illnesses such as COVID-19. 1.2 The Plan was prepared to supplement Provincial and Regional Plans. It specifically V6AJuN]1 WE+E)M[FDUH[R �u®lll❑J1VLINLCI-11LW UD1FP DL WH1MRA1EKi y of the Region of Durham, assisted by the Municipality as required.F 1.3 The aim of the Plan is to outline operational concepts, roles, responsibilities and procedures that will support the Municipality in its efforts to prepare for, respond to, and recover from a pandemic. The focus of this Report is those parts of the Plan that address issues respecting the maintenance of essential services and functions, and related staffing issues. 1.4 The Plan recognizes six pandemic phases. Amongst other things, Phase 5 requires the Municipality to monitor and sustain most municipal services, limit public assembly and implement social distancing (close indoor and outdoor recreation facilities, public parks for public assembly and programs) and initiate a work -from -home program for identified staff where applicable. 1.5 We are now in Phase 6 which is the final phase of the Plan. One of the stated actions in Phase 6 is to Vustain essential services only—T7FILVrequires every Municipal Department to assess its operational requirements (including staffing) that are required to maintain essential services. 1.6 The Plan anticipates that, similar to SARS and the Power Outage in 2003, residents will have an expectation of service continuance in the event of a pandemic. Q W1 ' m■ Municipality of Clarington Page 3 Report CAO -012-20 1.7 At the Joint Committee meeting on April 6, 2020, the following resolution was referred to the April 14, 2020 meeting of Council: That the CAO be directed to lay off all non-essential staff on May 1, 2020 if the COVID emergency is still in effect as of that date. 1.8 This draft resolution is discussed in sections 2.18 through 2.20 of this Report. 2. Business Continuity Essential Services 2.1 The Province has issued several orders under the Emergency Management and Civil Protection Act (EMCPA) that impact municipalities and the delivery of their services. The following closure orders directly impact Clarington: Facilities providing indoor recreational programs (ordered on March 17, 2020 and subsequently extended to April 13, 2020); 2. Public libraries (ordered on March 17, 2020 and subsequently extended to April 13, 2020); 3. Outdoor playgrounds, portions of park and recreational areas containing outdoor fitness equipment and outdoor sports facilities, however maintenance of these facilities is permitted (ordered on March 30, 2020 for 14 days with possible extension). 2.2 Orders made under the EMCPA are for 14 days and may be renewed by the Province for a subsequent 14 -day period. The current Order requiring recreation facilities to remain closed will expire on April 13, 2020 unless extended. 2.3 2 ❑L0 D-F❑iiii❑mm❑❑❑LA -IG$ UR_LFHRL2ikGANHLLP P HQMIF( VAJHCRI ETARaessential EEM.CM/VFM-IiI"5 HJ ❑ I❑, -120). Regulation 82/20 does not apply to municipalities. 2.4 On April 3, 2020, the Province announced revisions to the essential services list (Regulation 119/20), however there was no change to the exemption for municipal operations or delivery of services. 2.5 The extent to which municipal capital projects are impacted by the updated list of essential businesses is less clear. While some municipalities have taken the position that all municipal capital projects are exempted from the closures, we have taken a more cautious approach ❑ R❑H_1NDAU-FRJ E4 FIVANH3 LRELFHVCFR❑cern for public health in the construction industry. The 319FLC-FHVfregulation that defines essential services (82/20 as amended by 119/20) provides for the continuation of construction projects Municipality of Clarington Report CAO -012-20 Page 4 related to critical infrastructure, and many municipal capital projects fall into this category. The regulation also deems as essential any business that delivers or supports the delivery of a number of community services including roads, sewers, and provision of water. This work will continue, but these job sites will be strictly controlled to prevent the risk of infection and will be subject to a project specific COVID-19 health and safety work plan. Municipal infrastructure projects that cannot demonstrate implementation of adequate health and safety measures will be temporarily suspended. 2.6 Certain capital projects involve work by construction contractors that do not fall within the scope of an essential business under the regulation. These projects fall outside of work that is considered in the regulation to be necessary to ensure the safe and reliable operations of critical infrastructure. Staff will be required to make a case-by-case determination of which municipal capital projects are captured by the regulation. For example, the capital improvements to the Bowmanville Branch of the library have been identified as a construction project that is not permitted under the regulation, and work has therefore been temporarily suspended. Also identified as falling outside of the regulation are the accessibility improvements to the Orono Town Hall. The tender award on the Council agenda for April 14 can be approved, and a construction schedule will be finalized after the emergency business closure order expires or is revoked. Continuity Plans 2.7 Consistent with the Pandemic Plan, staff have prepared continuity plans for each department. These plans do not take into account any proposed corporate restructuring. They also do not consider any additional workload impacts related to the pandemic. Only potential workload reductions that are COVID-19 related have been considered. However, it is important to recognize that COVID-19 has significantly (but hopefully temporarily) increased workload in some areas of the organization. 2.8 The first step in the business continuity planning process was to see which of the 0 ❑ELRS RR WRd1U❑HAR-EHLdelivered. Attachment 2 to Report CAO - 004 -14 identified a total of 145 services that were being delivered across the organization. Department Heads looked to that list as a guide to determine which services could and should continue. As is the case in every municipality that we have communicated with, our overall conclusion was that other than services that cannot continue (e.g. recreation services and crossing guard services), most municipal services should continue, subject to the qualifications set out in sections 2.5 and 2.6 above. This, in part, is premised on D[GHVtLH-HFHW-WL J SR\ME(DlrWA3HQHU IIR FLCV❑ approved mandate of services in 2020. 2.9 The second step was to determine the level of staffing required to maintain services until the end of April (Phase 1), end of May (Phase 2), and June 30 (Phase 3). This step required a critical analysis of the responsibilities of every employee in every department other than Emergency and Fire Services. That analysis led to the conclusion that there Q W1 ' m■ Municipality of Clarington Report CAO -012-20 Page 5 are some positions that likely will not be able to carry on beyond some of the critical dates. As an example, even before the Province passed Regulation 119/20 to remove some construction projects from the list of essential services amended its list of non- essential services, Building Services (part of the Engineering Department) was identified as an area where staffing levels would be impacted if development activity decreased. Regulation 119/20, passed on April 3, 2020, will allow some industrial projects to proceed, but most commercial projects cannot. Residential construction projects can also proceed, but only if either a footing permit or above grade structural permit have been issued (e.g. Parkview Lodge) or renovations were started before April 4, 2020. Obviously, these changes may temporarily impact staffing levels in Building Services. We are still legally required to accept and process building applications, but the volume of applications will likely decrease. Another example was Municipal By-law Enforcement - but that was before the Province delegated enforcement responsibilities for Provincial orders under EMCPA to municipalities. 2.10 The third step was to assess how best to ensure that the necessary level of staffing is maintained to ensure business continuity, recognizing that we have an obligation to protect the health and safety of our employees and the public while doing so. Staffing Levels 2.11 The overall conclusion out of our business continuity planning was that in order to maintain those services that will continue, current staffing levels should be maintained at this time. The analysis recognized possible declines or changes in business activity, what is required to maintain a business presence, and potential redeployment. The specific rationale in support of this conclusion is set out in sections 2.12 through 2.17 below. 2.12 Current Levels -Staffing levels throughout the corporation are already below normal levels. On March 26, 2020, 339 part-time staff were advised that they would be placed on Declared Emergency Leaves (DELs) as provided for under Provincial legislation. There simply was no opportunity to meaningfully redeploy all of these valuable staff members. Existing staff levels are lower than normal because we have positions that are currently vacant as a result of (a) the reorganization (7 full-time); (b) a freeze that we placed on new positions approved in the 2020 budget (3 full-time equivalents), (c) recent retirements (3 full-time), (d) maternity and paternity leaves (1 full-time), (e) freeze on all seasonal hires (5 full-time); (f) long term sick leave vacancies not back filled (6 full-time); and (g) voluntary leaves of absence (1 full-time). These total 26 full-time equivalents. The full-time positions reflected in this figure (25) equate to approximately 9.6% of ❑OUL:LJ\RLVnormal full-time labour force (excluding Emergency and Fire Services). These figures do not include the 339 non -voluntary DELS, one voluntary DEL, or the Q W1 ' m■ Municipality of Clarington Report CAO -012-20 Page 6 absenteeism numbers below. They also do not include any figures from Emergency and Fire Services. On the assumption that we can run summer programming in Community Services, a total of 71 summer student positions need to be filled across the entire organization (other than Emergency and Fire Services) that are eligible for subsidy under the Federal ❑ Rd -LLP H❑UV❑DEDCIX6 ummer Jobs Program. These positions had been placed on AMV]D 1WHi) K ilk RER P H_ WD❑dR❑EFHP Hi_M_IIL$ SLUa_r7 7❑❑❑CW,_ subsidize these wages (at $14 per hour), we will be proceeding with these hires at the appropriate time. The estimated total for this wage subsidy is $494,000. 2.13 Projected Workforce Absenteeism ❑ Phase 5 of our Pandemic Plan projects 10715% aEVHM*i- /P Chi FDLAIDPRLY—R IFR_kU)FUyLJ the virus. The Region Vsontinuity plan projects that all workforces could experience absenteeism as high as 40% in the event of a pandemic. 2 EWG_1_LR\NV1WIDVVAs absenteeism will be caused for several reasons in addition to experiencing virus -like symptomsTD GVVDN ployees may be required to arrange for care of ill family members as health care facilities will be maximized. Children may not be able to attend school due to absenteeism of the educational staff, and, elderly family members may LHHGDG3-1IR-D(!)-RP HILFDIIH-LAII of the above conditions qualify for access to a DEL. In addition, we have offered staff the opportunity to use flex time (with no premiums or overtime on flexed hours), voluntary DELS and voluntary leaves of absence. From March 14, 2020 (the date that we closed our facilities to the public) until April 9, 2020, Clarington has experienced a total of 115 lost days as a direct result the COVID- 19 pandemic. This is attributable to employees who cannot work from home but have received health advice to self isolate. Nine employees worked from home through their isolation periods and so there were no lost days for them. We are taking a progressive approach to managing the health risk and erring on the side of public safety ❑ if health guidelines suggest self isolation, then the employee will be expected to self isolate. The bottom line in terms of pandemic planning is that we should anticipate higher than normal short-term absenteeism during a pandemic. 2.14 Social Distancing ❑ In order to protect our staff, we have implemented strict social distancing measures in the workplace. This has resulted in some inefficiencies that are unavoidable (e.g. limiting the number of employees travelling in a municipal vehicle and filling of sandbags). 2.15 Redeployment Opportunities ❑ Every Department has a backlog of work that needs to be undertaken but has been on hold due to resource issues. In some cases, the backlog is several months (e.g. forestry work orders in Operations and records retention and digital conversions in Clerks and Engineering). There is also proactive work that can be undertaken. Municipality of Clarington Report CAO -012-20 Page 7 If, and to the extent that, staff in one Department can be operationally redeployed to another Department, we can address this backlog. The list of redeployable work compiled by Department Heads is extensive. There is ample redeployable work to keep most (but not necessarily all) staff meaningfully occupied and engaged at least until the end of May. We have been communicating regularly with the executive of CUPE Local 74. They have worked with their bargaining unit employees to communicate the importance of working together. They have demonstrated a commitment to addressing the challenges presented by this pandemic by being open to redeployment suggestions. They are working cooperatively with management to help control labour costs during this pandemic and potentially save costs when we come out of it (e.g. no shift premiums or overtime). As far as staff are aware, no Greater Toronto and Hamilton Area municipalities (lower, upper or single tier) have laid off any full-time CUPE or non- affiliated employees at this time (other than library staff). Our understanding is that most municipalities are pursuing redeployment of full-time staff as a means of maintaining services for as long as reasonably possible. All non-affiliated staff have also demonstrated exceptional commitment to continuing adjustments to workload, hours of work and other employment related conditions during this time. The Region of Durham has a very detailed organization -wide Redeployment Strategy that has been designed to respond to the COVID-19 pandemic. Our intention is to adopt a redeployment protocol similar to theirs. The flowchart attached to this Report (Attachment 1) identifies the process each department will go through in order to appropriately reassign staff. This process will respect all the collective agreement provisions and any legislative requirements. 2.16 Economic Stimulus The primary purpose of every step that we have taken to date is the need to keep people safe and healthy. This includes our staff and the public. But there is a secondary objective - managing the economic challenges that COVID-19 presents and maintaining as much as possible a resilient local economy. The decisions that have to be made regarding which services should be continued and what staffing levels are necessary to support them must always keep public health and safety top of mind, but this secondary objective must also be considered. Section 2.1 of this Report identified orders from the Province that were clearly focused on public health concerns, but the Provincial and the Federal governments have also issued orders and made policy decisions that are intended to help sustain our economy. As an example, tEH) H0-U)Cfl Rd-J:P H 1WEDCDGDI( P R.11 H❑Fm DJ H[6 ❑E iL W designed to help businesses keep employees on their payroll through the challenges posed by the COVID-19 pandemic. It provides a 75% wage subsidy to eligible employers for up to 12 weeks, retroactive to March 15, 2020. The subsidy [aims to prevent further job losses, encourage employers to re -hire workers previously laid off as Municipality of Clarington Report CAO -012-20 Page 8 a result of COVID-19, and help better position Canadian companies and other employers to more easily resume normal operations following the crisis ... It was done with the expectation that employers will do their part by using the subsidy in a manner that supports the health and well -EH -JFRIr ll-LLI PS( -H-V' 1This wage subsidy does not apply to public bodies (including municipalities), but the policy foundation for the subsidy does ❑ employers (including public bodies) should strive to keep people working. This may explain why there are currently no full-time Federal, Provincial or Municipal staff (other than Library staff) that have temporarily lost their jobs in Ontario (that staff are aware of) and why Premier Ford has publicly stated that he has no plans to reduce staffing levels at the Province (68,000 provincial public servants). 2.17 Labour Implications ❑The labour relations issues respecting any reduction in staffing are discussed in a confidential memorandum from Hicks Morley LLP dated April 9, 2020 (Attachment 2 to this Report). Draft Resolution 2.18 At the Joint Committee meeting on April 6, 2020, the following resolution was referred to the April 14, 2020 meeting of Council: That the CAO be directed to lay off all non-essential staff on May 1, 2020 if the COVID emergency is still in effect as of that date. 2.19 The draft resolution raises several issues, some of which have been dealt with above. The issue of what U SI I RaMA/HFk XDUDV ME\A/HG-LI LEIIII]❑J ❑ll -L116. The legal and practical implications of any layoffs are discussed in Attachment 2. 2.20 If there is a decision to reduce staffing, there needs to be clarity regarding when it will EHIL\AUJHUIG_I_I.6\01I[\NSP HANDNNH Fthe COVID emergencyIL11HIF ❑LWH_G IW resolution is the date that the 3lRALFH[VIclosure orders under EMCPA that impact our facilities are no longer in effect. This likely is a date that will precede the date that the 31H\C1❑FHVDeclaration of Emergency will be lifted. With the present COVID-19 conditions still escalating, the length of WH_3 UREL_FHVL11F-F0LVAR01i8 unpredictable. 3. Financial Implications 3.1 The COVID- -SD�C1-P LFA Cr/ I1DGFDI\W LLLFD-\AP SDFA;�-IIWI iO ❑❑LRSDa1V-UDI RCG projections. A detailed cashflow analysis will be provided by the Finance Department at a future date. Below are some estimates of revenues lost as a result of service disruption through to the end of May 2020. 3.2 Following the decision to suspend recreation programming and close indoor recreation facilities from March 14 to April 5 inclusive, Community Services prepared revenue loss projections for this closure period and beyond. With the subsequent cancellation of Q W1 ' m■ Municipality of Clarington Report CAO -012-20 Page 9 spring recreation programming and indoor facility permits up to May 31, these projections were reviewed again. With a total 2020 budget for revenues of approximately $5.2M, this significant disruption to normal operations will result in a loss of approximately $1 M. This revenue loss would consist of cancelled program registrations, daily admissions, facility rental permits and fitness/swimming memberships. 3.3 Although we are unable to quantify the value at this time, some of the revenue lost could be recovered as we move out of the current crisis and begin to return to normal operations. This could include planning an early start to the 2020/21 ice season to accommodate the lost spring try -outs. Staff will also work with existing fitness and swimming members to extend their memberships rather than process cancellations. This would ensure our existing membership base is retained and the monthly revenues return to their pre COVID-19 levels. 3.4 The Clerks Department estimates that lost parking ticket revenue over March, April and May will be $78,000. This revenue will not be recovered. 3.5 The Operations Department estimates that lost field permit revenue over the months of April and May will be approximately $40,200. It is possible that a small portion of this revenue can be recovered. 3.6 Building and Planning revenues were on target until the shut down and have continued, but are starting to decline. We anticipate that they will rebound once the pandemic has eased and construction returns to a normal level, but the timing and extent of the rebound is uncertain. 3.7 The estimate savings for part-time compensation budgeted for, but not paid, in Community Services up until the end of May is $480,460. 4. Conclusion 4.1 The recommended course of action in this Report is based on information available as at April 9, 2020. Not unlike every other issue that we have had to respond to in relation to the COVID-19 pandemic, things will change, and our response may therefore have to change. 4.2 The recommended approach to staffing is premised on the assumption that staff will continue to be meaningfully engaged in the delivery of Municipal services. If that is not happening, staffing levels will have to be reduced. The business continuity plans prepared by Department Heads recognize this. Depending on how long the pandemic continues, we will eventually lose our ability to meaningful engage or redeploy staff in certain areas of operation. When we reach that point, we will have to consider further staff reductions. Q W1 ' m■ Municipality of Clarington Page 10 Report CAO -012-20 4.3 It is respectfully recommended that this Report be received for information. Staff Contact: Andy Allison, CAO, 905-623-3379 ext. 2002 or aallison(cr clarington.net Attachment 1 -]Redeployment Flowchart Attachment 2 -]Confidential Memorandum from Hicks Morley LLP dated April 9, 2020 Requesting Division submits Re -deployment Request Form to redeployment@durham.ca Re -deployment Team acknowledges and assigns the resource request Re -deployment Team connects with staff available for re -deployment who are qualified Employee indicates they are NOT available Re -deployment Team documents reasons Re -deployment Team may advise Service Area Leads Employee declines assignment* Requesting Division identifies more re -deployed staff are reauired Employee indicates they are available for re -deployment Re -deployment team provides employee information to the Requesting Division Requesting Division contacts employees Requesting Division notifies the Re -deployment Team of outcome of contact with the Employee accepts assignment Lead and LRARe-deployment Team may be notified updates Critical Activities & of Cunreasonable Status Document on EOC declines❑ Site Re -deployment Team sends confirmation email to re- deployed employee with copy to Home Supervisor MUNICIPALITY OF CLARINGTON COUNCIL RESOLUTION # MOVED BY SECONDED BYf,I��:- That the following recommendation regarding the contracting out of marriage ceremonies approved at the March 2, 2020 Council meeting be reconsidered: That marriage ceremony services be contracted out. 3 DJ HII❑ MUNICIPALITY OF CLARINGTON COUNCIL NOTICE OF MOTION DATE March 23. 2020 MOVED BY SECONDED BY That the following resolution #C-441-19, regarding Report CAO-010-'ZQ, Cedar Crest Beach Update, approved at the December 9, 2019 Council meeting, be lifted from the table and reconsidered: That Report CAO -010-19, Cedar Crest Beach Update, be tabled indefinitely. Note: Council passed Resolution #C-064-20 approving the following: That the Cedarcrest Shoreline Study, in the amount of $30,000 be added to the 2020 Budget, to be funded through the tax levy, As per section 7.13.1, a Procedural Notice of Motion is needed to lift resolution #C-441-19 from the table but shall not be debated until the next regular meeting of Council on April 14, 2020. 01-01M m■ Unfinished Business Item 14.2 The following Resolution #JC -038-20 was referred from the April 6, 2020 Joint General Government and Planning and Development Committee Meeting: Staffing and COVID-19 Resolution # JC -038-20 Moved by Councillor Neal Seconded by Councillor Jones That the CAO be directed to lay off all non-essential Staff on May 1, 2020 if the COVID-19 emergency is still in effect on that date. Referred Resolution # JC -039-20 Moved by Councillor Neal Seconded by Councillor Anderson That the foregoing Resolution #JC -038-20 be referred to the April 14, 2020 Council meeting. Carried Q W1 ' m■ If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. By-law 2020-021 Being a by-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2020 and to provide for the collection thereof. Whereas it is necessary for the Council of The Corporation of the Municipality of Clarington pursuant to Section 312 (2) of the Municipal Act, 2001 to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the Municipality of Clarington the sums set forth for various purposes in Schedule "A" hereto attached for the current year; And Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990 ch A.31 as amended and Regulations thereto; And Whereas an interim levy was made before the adoption of the estimates for the current year; And Whereas Subsection 208(2) of the Municipal Act provides that the Council of a municipality shall in each year levy a special charge upon rateable property in a Business Improvement Area, which has been designated under Subsection 204(1); And Whereas Section 342(1)(b) of the Municipal Act, 2001 S. O. 2001, as amended states in part that a municipality may pass by-laws providing for alternative installments and due dates to allow taxpayers to spread the payment of taxes more evenly over the year; And Whereas Section 345(2) of the Municipal Act, 2001 S. 0. 2001, as amended provides that a percentage charge, not to exceed 1 '/4 percent of the amount of taxes due and unpaid, may be imposed as a penalty for the non-payment of taxes on the first day of default or such later date as the by-law specifies; And Whereas Section 345(3) of the Municipal Act, 2001, S. 0. 2001 as amended, provides that interest charges not to exceed 1 '/4 percent each month of the amount of taxes due and unpaid, may be imposed for the non-payment of taxes in the manner specified in the by-law but interest may not start to accrue before the first day of default; And Whereas pursuant to the Regional Municipality of Durham By -Law Number 09- 2020 for Regional General purposes, 10-2020 for Regional Transit Commission purposes and 11-2020 for Regional Solid Waste Management purposes were passed to adopt estimates of all sums required by The Regional Municipality of Durham for Q W1 ' m■ Page 2 the purposes of the Regional Corporation and to provide a levy on Area Municipalities; and the Regional Municipality of Durham approved the transition ratios By-law Number 08-2020; And Whereas the Province of Ontario has prescribed the Education Tax Rates in Regulation 6/20 of the Education Act, Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: That for the year 2020, The Corporation of the Municipality of Clarington shall levy upon the Residential, Multi -Residential, Commercial, Industrial, Pipeline Farmland and Managed Forest Assessment the rates of taxation per current value assessment for general purposes as set out in the Schedule "A" attached to this By-law; 2. And that the estimated expenditures, net of revenue and applied surplus required during the year 2020 totalling approximately $62,747,374 are set forth in SF❑❑C3CQ-$ __DJOW-1EG VMVL1/c1Aaw in the manner as set hereunder: 3. And that the tax rates, established by this by-law to produce the final tax bills for 2020 shall be adjusted to account for the interim levies imposed by By-law No. 2019-067; 4. And that the tax rates established by this by-law to produce the final tax bills for 2020 shall take into account adjustments to commercial, industrial and multi - residential properties as required by Bill 140, an Act to amend the Assessment Act, Municipal Act, Assessment Review Board Act and Education Act in respect of property taxes; 5. And that in the event an instalment is not paid on its due date, there shall be imposed a penalty of 1 1/4 percent (1.25%) on the first day of the calendar month following non payment; 6. And that in the event an instalment is not paid on its due date, interest shall be imposed at the rate of 1 1/4 per cent (1.25%) on the first day of the second calendar month following the due date and on the first day of every calendar month thereafter until the taxes are paid; Q W1 ' m■ 2020 2019 2018 General Purposes 62,747,374 59,822,692 56,757,931 Total for Business Improvement Area 213,439 215,200 211,820 TOTAL 62,960,813 60,037,892 56,969,751 3. And that the tax rates, established by this by-law to produce the final tax bills for 2020 shall be adjusted to account for the interim levies imposed by By-law No. 2019-067; 4. And that the tax rates established by this by-law to produce the final tax bills for 2020 shall take into account adjustments to commercial, industrial and multi - residential properties as required by Bill 140, an Act to amend the Assessment Act, Municipal Act, Assessment Review Board Act and Education Act in respect of property taxes; 5. And that in the event an instalment is not paid on its due date, there shall be imposed a penalty of 1 1/4 percent (1.25%) on the first day of the calendar month following non payment; 6. And that in the event an instalment is not paid on its due date, interest shall be imposed at the rate of 1 1/4 per cent (1.25%) on the first day of the second calendar month following the due date and on the first day of every calendar month thereafter until the taxes are paid; Q W1 ' m■ Page 3 7. And that if any instalment remains unpaid at the due date, all future instalments become immediately due and payable; 8. And that the Treasurer and the Tax Collector are hereby authorized to accept part payment from time to time on account of taxes due, provided that the acceptance of any part payment shall not affect the collection of any percentage charge imposed under sections (5) and (6) of this by-law; 9. And that notwithstanding the provisions of the by-law, all taxes shall be deemed to have been imposed and to be due on and from the first day of January, 2020; 10. And that on application to the Municipality, a taxpayer may pay taxes by a pre - authorized payment plan, payable on the first day of each month or by full payment on instalment due dates. In the event of the default of the payment on the pre -authorized payment plan, enrolment in the plan shall be terminated and the final tax levy shall be due and payable on the instalment dates as set out in Section 14; 11. And that all realty taxes levied under Section 33 and Section 34 (supplementary/omitted taxes) of the Assessment Act shall be due and payable at least twenty-one (21) days after notice is given by the Tax Collector; 12. And that for the payments -in -lieu of taxes due to The Corporation of the Municipality of Clarington the actual amount due to The Corporation of the Municipality of Clarington shall be based on the assessment roll and the tax rates for the year 2020; 13. And that for the railway rights of way taxes due to The Corporation of the Municipality of Clarington in accordance with the Regulations as established by the Minister of Finance, pursuant to the Municipal Act, 2001, S.O.2001, c.25, as amended, the actual amount due to The Corporation of the Municipality of Clarington shall be based on the assessment roll and the tax rates prescribed for the year 2020; 14. And that there shall be levied and collected upon the assessable land, buildings and businesses with the Corporation of the Municipality of Clarington, the rates identified on 6 F LG(GL $ 4 and as follows on the commercial and industrial assessments in the Business Improvement Areas for the year 2020. Q W1 ' m■ Page 4 Business Improvement (Note 2) Bowmanville Newcastle Orono CT,ST,XT & GT 0.00394147 0.00092812 0.00134057 CU & CX 0.00394147 0.00092812 0.00134057 IT 0.00550038 0.00129520 0.00187079 (Note 1 ❑ Due to delays resulting from implementation of Bill 140, Multi - Residential, Commercial and Industrial properties may be billed separately in 2020) (Note 2- Rates: CT= Commercial Taxable Full, CU= Commercial Taxable ❑ Excess land CX=Commercial Taxable Vacant Land; IT=Industrial Taxable Full; XT=Commercial Taxable Full New Construction; ST=Shopping Centres; GT=Parking Lot Taxable Full) 15. And that subject to the provisions of clause 9 of this by-law, all taxes levied under the authority of this by-law shall be payable in Canadian funds and shall be divided into two equal instalments, the first of said instalments to become due and payable on or before the 23 day of July, 2020 and the second of said instalments to become due and payable on or before the 17 day of September, 2020 and shall be paid into the office of the Treasurer of The Corporation of the Municipality of Clarington, subject to change by the Treasurer or Tax Collector, for accommodation for Bill 140, and/or any other Legislation or Regulation which may be enacted after the passage of this by-law; 16. And that the Municipality will collect and forward Regional and Education levies in accordance with the rates established by the Region of Durham and the Province of Ontario as reflected in 6 F FG((aE$ E� 17. And that Schedule "A" attached hereto shall be and form a part of this By-law; 18. And that if any section or portion of this by -(Do RLR 16 F❑❑®(CY❑$ 7WRX❑C1IEFT1011 court of competent jurisdiction to be invalid, it is the intent of the Council of the Municipality of Clarington that all remaining sections and portions of this By - 0 -1 D G[6 F❑❑(3KG-$ ❑FRd UX -1L— W--D❑GUI I EFW Q W1 ' m■ Page 5 19. This By-law shall come into force and effect upon the date of the final reading thereof. Passed in Open Council this 14th day of April, 2020. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk DN:2020 draft RATE:FIN-ADMIN 06 -Apr -20 2020 MUNICIPALITY OF CLARINGTON PROPERTY CLASS ASSESSMENT TAX RATES & TAX RAISED G.V.A. REGION EDUCATIONCLARINGTON COMBINED Code Rate Tax $ Rate Tax $ Rate Tax $ L Rate Tax $ Residential/Farm RT 3,397,567,659 0.00585522 78,445,706 0.00153000 20,498,279 1 0.00393076' 52,662,623 0.01131598 151,606,608 Residential/Farm-SHARED RL RH 1,444,600 0.00585522 8,458 0.00153009 2,210 0.00393076 5,678 0.01131598 16,346 Residential/Farm-PIL-Full RF 2,928.200 0.00585522 17,145 0.00153000 4,480 0.003930761 11,510 0.01131598 33,135 Residential/Farm-PIL-Full-PROV TENANT RP 10,791,300 0.00585522 63,185 0.00153000 16,511 0.00393076 42,418 0.01131598 122,114 Residential/Farm-PIL-Gen RG 16,500,500 0.00585522 96,614 0.00000000 - 0.00393076- 64,860 0.00978598 161,474 Farmland FT 551,410,512 0.00117105 645,729 0.00038250 210,915 0.00078615 433,491 0.00233970 1,290,135 Farmland-PIL-Full-Prov Tenant FP 4,797,600 0.00117105 5,618 0.00038250 1,835 0.000786151 3,772 0.00233970 11,225 Multi -Res MT 147,798,100 0.01092876 1,615,250 0.00153000 226,131 0.007336761 1,084,359 0.01979552 2,925,740 New Multi -Res NT 0.00644074 - 0.06153000 - 0.00432384. - 0.01229458 91°! 14,133,238,471 1 156,166,777 Commercial Occupied CT 448,410,890 0.00849007 3,807,040 0.00980000 4,394,4270.00569960' I 2,555,763 0.02398967 10,757,230 Commercial -Small Scale on Farm Business G7 111,100 0.00849007 943 0.00245000 272 0.00569960 633 0.01663967 1,848 Commercial -SHARED PIL CH 75,578,800 0.00849007 641,669 0.00980000 740,672 0,005699601 430,769 0.02398967 1,813,110 Commercial-PIL-Full OF 33,717,700 0.00849007 286,266 0.00980000 330,433 0.00569960 192,177 0.02398967 808,876 Commercial-PIL-Gen CG 5,866,000 0.00849007 49,803 0.90000000 0 0.00569960 33,434 0.01418967 83,237 Commercial-PIL-Full-PROV TENANT CP 6,569,400 0.00849007 55,698 0.00980000 64,292 0.00569960 37,392 0.02398967 157,382 Commercial-PIL-Full-excess land-PROV TENANT CO 143,600 0.00849007 1,219 0.00980000 1,407 0.005699601 818 0.02398967 3,444 Commercial Excess Land CU 4,349,495 0.00849007 36,928 0.00980000 42,625 0.005699601 24,790 0.02398967 104,343 Commercial-PIL-Full excess land Cv 0 0.00849007 0 0.00980000 0 0.00569960. 0 0.02398967 0 Commercial Vacant Land ex 33,912,900 0.00849007 287,923 0.00980000 332,346 0.005699601 193,290 0.02398967 813,559 Commercial-PIL-Gen vac land CZ 12,189,000 0.00849007 103,485 0.00000000 0 0.00569960] 69,472 0.01418967 172,957 Commercial-PIL-Gen excess land CW 0 0.00849007 0 0.00000000 0 0.00669960, 0 0.01418967 0 Parking Lot PIL:Full, Vacant Land, Taxable Tenant GR 0 0.00649007 0 0.00980000 0 0.00569960 0 0.02398967 0 Parking Lot -Taxable Full GT 3,718,000 0.00849007 31,566 0.00980000 36,436 0.005699601 21,191 0.02398967 89,193 Commercial Taxable: Full, New Construction XT 203,213,151 0.00849007 1,725,294 0.00980000 1,991,489 0.00569960 1,158,234 0.02398967 4,875,017 Commercial Small Scale on Farm Bus, New Construction x7 50,000 0.00849007 425 0.00245000 123 0.00569960. 285 0.01653967 833 Commercial Excess Land, New Construction xU 2,645,500 0.00849007 22,460 0.009BD000 25,926 0.005699601 15,078 0.02398967 63,464 Office Buifdings-Shared PIL DH 27,833,200 0.00849007 236,306 0.00980000 272,765 0.00569960] 158,638 0.62398967 667,709 Office Buildings -Taxable full DT 851,400 0.00849007 7,228 6.00980000 8,344 0.00569960' 4,853 0.02398967 20,425 Office Buildings- Excess Land Du 0 0.00849007 0 0.00980000 0 0.00569960, 0 0.02398967 0 Office Buildings- Full, New Construction YT 8,113,700 0.00849007 68,886 0.00980000 79,514 0.005699601 46,245 0.02398967 194,645 Shopping Centres ST 73,742,547 0.00849007 626,079 0.06980000 722,677 0,005699601 420,303 0.02398967 1,769,059 Shopping Centre-excess/vac SU 384,979 0.00849007 3,268 0.00980000 3,773 0.00569960. 2,194 0.02398967 9,235 Shopping Centre, New Construction ZT 50,160,449 0.00849007 425,866 0.00980000 491,572 0.005699601 285,894 0.02398967 1,203,332 Shopping Centre, New Constr-excesslvac ZU 1,071,900 0.00849007 9,101 0.00980000 10,505 0.005699601 6,109 0.02398967 25,715 992,624,711 23,634,613 Industrial Industrial Taxable IT 60,144,800 0.01184804 712,598 0.01250000 751,810 0.00795389 478,385 0.03230193 1,942,793 Industrial- Full- PIL IF 20,120,800 0.01184804 238,392 0.01250000 251,510 0,00795389' 160,039 0.03230193 649,941 Industrial -SHARED PIL IH 5,751,300 0.01184804 68,142 0.01250000 71,891 0.00795389 45,745 0.03230193 185,778 Industrial-PIL-Full-PROV TENANT IP 0 0.01184804 0 0.01250000 0 0.007953891 0 0.03230193 0 Industrial -VACANT -SHARED PIL IJ 0 0.01184804 0 0.01250000 0 0.007953891 0 0.03230193 0 Industrial -EXCESS -SHARED PIL IK 1,583,400 0.01184804 18,760 0.01250000 19,793 0.00795389. 12,594 0.03230193 51,147 Industrial excess land IU 1,700,900 0.01184804 20,152 0.01250000 21,261 0.007953891 13,529 0.03230193 54,942 Industrial Vacant Land Ix 22,a00,700 0.01184804 260,665 0.01250000 275,009 0.007953891 174,991 0.03230193 710,665 Industrial PIL-Gen-Vac Land Iz 3,545,000 0.01184804 42,001 0.00000000 0 0.00795389' 28,197 0.01980193 70,198 Industrial -Farmland Awaiting Development Ph1 11 a 0.00439142 0 0.00114750 0 0.00294607, 0 0.00848699 0 New Construction Industrial Occupied JT 14,197,490 0.01184804 168,212 0,00980000 139,135 0.007953891 112,925 0.02960193 420,272 New Construction Industrial Excess Land JU 232,092 0.01184804 2,750 0.00980000 2,275 0.00795389 1,846 0.02960193 6,871 129,276,482 I Large Industrial LT 96,386,899 0.611134804 1,141,996 0.01250000 1,204,836 0.007953891 766,651 0.03230193 3,113,483 Large Industrial Shared PIL Generating station LS 23,363,400 0.01184804 276,810 6.01250000 292,043 0.00795369' 185,830 0.03230193 754,683 Large Industrial Shared PIL Water Intake system LI 11,748,900 0A1184804 139,201 0.01250000 146,861 0,00795389 93,449 0.03230193 379,511 Large Industrial Shared PIL Non -Generating system LN 43,362,500 0.01184804 513,761 0.01250006 542,031 0.007953891 344,901 0.03230193 1,400,693 Large Industriaf-excess land -Shared PIL LK 845,200 0.01184804 10,014 0.01250000 10,565 0.007953891 6,723 0.03230193 27,302 Large Industrial -Full -excess land LU 6,241,513 0.01184804 73,950 0.01250000 78,019 0.00795389 1 49,644 0.03230193 201,613 Sub -total Industrial 311, 224, 894 181,948,412 1 Landfill Taxable HT 0.00644074 0.00000000 - 0.00432384 0.01076458 - Landfill PIL Full HF 0.00644074 - 0.00000000 - 0.004323841 0.01076458 - Pipeline PT 55,475,000 0.00719841 399,332 0.00980000 543,655 0.004832481 268,082 6.02183089 1,211,069 Managed Forest TT 38,231.800 0.00146381 55,964 0.00038250 14,624 0.000982691 37,570 0.00282900 108,158 93,706,600 9% TOTAL ASSESSMENT 100°r 15,530,794,876 $93,467,858 $34,875,277 $62,747,374 $191,090,509 Exempt 564,168,805 TOTAL 16,094,963,681 2019 Comparative Total Assessment 14,886,066,735 %8.12 Tax 5 Split 48.9% 18.3% 32.8% 100% 10 1 M�� MUNICIPALITY OF CLARINGTON COUNCIL RESOLUTION # DATE April 14, 2020 MOVED BY Councillor Joe Neal SECONDED BY Councillor Granville Anderson 11 aIAV*001A0I21 bin @ V 1. The April 20, 2020 General Government meeting be cancelled, and a joint General Government/Planning meeting take place on April 27, 2020 at 7 pm.