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HomeMy WebLinkAbout09/28/2020 General Government Committee Post-Meeting Agenda Date:September 28, 2020 Time:9:30 a.m. Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams) Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality’s website, www.clarington.net/calendar Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive *Late Item added after the Agenda was published. Pages 1.Call to Order 2.Land Acknowledgement Statement 3.New Business – Introduction Members of Committee are encouraged to provide the Clerk’s Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 4.Adopt the Agenda 5.Declaration of Interest 6.Announcements 7.Adoption of Minutes of Previous Meeting 7.1 Minutes of a Joint General Government and Planning and Development Committee Meeting of September 14, 2020 6 7.2 Minutes of a Special General Government Committee Meeting of September 21, 2020 35 8.Delegations 8.1 Raj Kanthasamy, Regarding The Need for a Hindu Temple in Clarington *8.2 Scott Parnell, Canadian Nuclear Laboratories, Regarding Port Granby Project Update 9.Communications – Receive for Information *9.1 Minutes from the Accountability and Audit Committee dated July 14, 2020 39 (Addition of Accountability and Audit Committee Terms of Reference) 9.2 Minutes from the Newcastle Business Improvement Area dated September 10, 2020 49 9.3 Minutes from the Energy from Waste - Waste Management Advisory 53 Page 2 Committee dated July 15, 2020 9.4 D. Patrick McNeil, Chair-Board of Directors, Elexicon Corporation, Regarding Elexicon Corporation Dividend Payment 59 9.5 Memo from Stephen Brake, Director of Public Works, Regarding Drainage in Solina 61 9.6 The Honourable Seamus O'Regan, Minister of Natural Resources, Response to Correspondence Arising out of Resolution #C-282-20 63 Link to June 15, 2020 Council Minutes *9.7 Dan Carter, Mayor, City of Oshawa, Regarding Municipal Challenges Regarding On-Line Home-Sharing Platforms 66 *9.8 Memo from Ron Albright, Manager of Infrastructure, Regarding Whistle Cessation Background for Belleville and Markham 70 10.Communications – Direction 10.1 Andrew Evers, Manager, Environmental Assessment Services, Ministry of Environment, Conservation and Parks, Regarding Response to the Proposed Anaerobic Digestion Facility 84 (Motion to refer to the consideration of Unfinished Business Item 21.2, Elaine Baxter-Trahair, Chief Administrative Officer, Region of Durham, Regarding Mixed Waste Pre-Sort and Anaerobic Digestion Project) 11.Presentations No Presentations. 12.Public Works Department Reports No Reports for this section of the Agenda. 13.Emergency and Fire Services Department Reports 13.1 ESD-006-20 Emergency Services Activity Report – Q2 2020 86 14.Community Services Department Reports No Reports for this section of the Agenda. 15.Municipal Clerk’s Department Reports No Reports for this section of the Agenda. Page 3 16.Corporate Services Department Reports No Reports for this section of the Agenda. 17.Finance Department Reports 17.1 FND-032-20 Award of Contracts During Council Recess 93 17.2 FND-033-20 Financial Update as at June 30, 2020 146 17.3 FND-034-20 Design and Build Newcastle Skate Park 197 18.Solicitor’s Department Reports No Reports for this section of the Agenda. 19.CAO Office Reports No Reports for this section of the Agenda. 20.New Business – Consideration 20.1 Apron Parking (Councillor Traill)202 *20.2 Public Access to Municipal Property East of Mearns Avenue at Longworth Avenue (Councillor Traill) 203 (Addition of Arial View of Subject Lands) *20.3 Public-Private Proposal for Uxbridge Municipal Park and Trail System (Mayor Foster) 224 *20.4 Servicing Rundle Road and Highway 2 *20.5 Implementation of Phase 2 of Grant Thornton Report 21.Unfinished Business 21.1 FND-029-20 Whistle Cessation Funding Options (Referred from the September 14, 2020 Joint Committee Meeting) Link to Report FND-029-20 21.2 Elaine Baxter-Trahair, Chief Administrative Officer, Region of Durham, Regarding Mixed Waste Pre-Sort and Anaerobic Digestion Project (Referred from the September 21, 2020 Council Meeting) 229 [Distributed Under Separate Cover] Page 4 21.3 Gavin Battarino, Special Project Officer, Ministry of the Environment, Conservation and Parks, Regarding EA Designation Request - Anaerobic Digester 231 22.Confidential Reports 22.1 LGL-007-20 Prohibition of Hate Symbols [Distributed Under Separate Cover] 23.Adjournment Page 5 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: Time: Location: September 14, 2020 9:30 AM Microsoft Teams Present Were: Present Via Electronic Means: Mayor A. Foster, Councillor R. Hooper, Councillor J. Jones, Councillor M. Zwart Councillor G. Anderson, Councillor J. Neal, Counillor C. Traill Staff Present: A. Allison, G. Acorn, R. Albright, S. Brake, A. Greentree, F. Langmaid, R. Maciver, M. Marano, T. Pinn, G. Weir, J. Gallagher, L. Patenaude _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 9:35 a.m. 2. Land Acknowledgement Statement Councillor Hooper led the meeting in the Land Acknowledgement Statement. 3. New Business – Introduction Councillor Anderson asked that a new business item, regarding confidential questions regarding 110 Port Darlington Boulevard, be added to the New Business – Consideration section of the agenda. Councillor Hooper asked that a new business item, regarding residents in new subdivisions converting their homes to room houses, be added to the New Business – Consideration section of the agenda. Councillor Hooper asked that a new business item, regarding speeding in subdivisions, be added to the New Business – Consideration section of the agenda. Councillor Hooper asked that a new business item, regarding long grass, be added to the New Business – Consideration section of the agenda. Page 6 Joint Committee Minutes dated September 14, 2020 2 Councillor Traill asked that a new business item, regarding confidential questions for the Acting Director of Planning and Development Services and confidential questions to the Municipal Clerk regarding personnel matters, be added to the New Business - Consideration section of agenda. 4. Adopt the Agenda Resolution # JC-078-20 Moved by Councillor Zwart Seconded by Councillor Hooper That the Agenda for the Joint General Government and Planning and Development Committee meeting of September 14, 2020 be adopted with the addition of the following New Business Items:  Confidential Question regarding 110 Port Darlington Boulevard, from Councillor Anderson  Residents in New Subdivisions Converting their Homes to Room Houses  Speeding in Subdivisions  Long Grass  Confidential Question for the Acting Director of Planning and Development Services, from Councillor Traill  Confidential Question for the Municipal Clerk, regarding a Personnel Matter, from Councillor Traill Carried 5. Declaration of Interest There were no disclosures of interest stated at this meeting. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of the General Government Committee Meeting dated June 22, 2020 7.2 Minutes of a Regular Meeting of the Planning and Development Committee Meeting dated June 29, 2020 Page 7 Joint Committee Minutes dated September 14, 2020 3 Resolution # JC-079-20 Moved by Councillor Neal Seconded by Councillor Jones That the minutes of the regular meeting of the General Government Committee meeting held on June 22, 2020 and the Planning and Development Committee meeting held on June 29, 2020, be received on consent. Carried 8. Public Meetings 8.1 Public Meeting for a Proposed Zoning By-law Amendment Councillor Neal chaired this portion of the meeting. Mayor Foster left the meeting at 10:02 a.m. Mayor Foster returned to the meeting at 10:04 a.m. Mark Jull, Planner I, made a verbal and electronic presentation to the Committee regarding the application. No one spoke in opposition to, or in support of, the application. Mark Foley was present, via electronic, means regarding Report PSD-028-20, Zoning By-law Amendment to Facilitate the Creation of One New Lot at 293 Townline Road North, Courtice. Mr. Foley stated that the application consists of an over-sized residential lot which requires a re-zoning change from Agricultural to Residential. Mr. Foley explained that they continue to upgrade the house, sewer and water will be installed which will use existing municipal services as provided on Wabbokish Court. He added that the application complies with Provincial, Regional and Clarington's land use policies. Mr. Foley stated they concur with staff’s recommendations and answered questions from Members of Committee. Alter the Agenda Resolution # JC-080-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the Agenda be altered to consider Section 13, Planning and Development Department Reports, after the delegation. Carried Page 8 Joint Committee Minutes dated September 14, 2020 4 9. Delegations 9.1 Lawson Gay, Richard H. Gay Holdings, Regarding Report PSD-029-20 Addition of Properties to the Municipal Register - 1696 Hwy. 2 Lawson Gay, Richard H. Gay Holdings, was present, via electronic means, regarding Report PSD-029-20 Addition of Properties to the Municipal Register - 1969 Hwy 2. Mr. Gay explained that he concurs with the report recommendations and provided background on the Gay Company. He added that the Gay Family is honored to have a park and road named after them. Mr. Gay explained the history of the house and stated that it is starting to deteriorate. He suggested that an information micro-chipped post be installed at the Harry Gay Park that includes information linked to a Clarington heritage information website. Mr. Gay suggested that, since the house has lots of historical documentation, pictures and bills, they would donate to the Municipality to help Clarington develop a website that is linked to the information micro- chipped post. Mr. Gay noted that their company has been developing affordable housing units through Affordable Housing Solutions Inc. He concluded by answering questions from Members of Committee. 13. Planning and Development Department Reports 13.1 PSD-028-20 Zoning By-law Amendment to Facilitate the Creation of One New Lot at 293 Townline Road North, Courtice Councillor Neal chaired this portion of the meeting. Resolution # JC-081-20 Moved by Mayor Foster Seconded by Councillor Jones That Report PSD-028-20 be received; That the application to amend the Zoning By-law, submitted by Brent Foley, be approved and that the By-law contained in Attachment 1 to Report PSD-028-20 be passed; That, once all conditions of approval for the related consent application have been satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-028-20 and Council’s decision; and That all interested parties listed in Report PSD-028-20 and any delegations be advised of Council’s decision. Carried Page 9 Joint Committee Minutes dated September 14, 2020 5 13.2 PSD-029-20 Addition of Property to the Municipal Heritage Register; 1697 Highway 2, Courtice Resolution # JC-082-20 Moved by Councillor Jones Seconded by Councillor Traill That Report PSD-029-20 be received; That demolition of 1697 Highway, Courtice 2 be granted, providing the contributions of Harry Gay and Gay Construction are acknowledged and interpreted in an alternate manner acceptable to the Clarington Heritage Committee and staff; and That all interested parties listed in Report PSD-029-20 and any delegations be advised of Council’s decision. Carried 13.3 PSD-030-20 Clarington Climate Action Update Resolution # JC-083-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Report PSD-030-20 be received for information. Carried 13.4 PSD-031-20 An Application by Goldmanco Inc. to Amend Sign By-law 2009- 123 to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Development Councillor Neal left the chair. Mayor Foster chaired this portion of the meeting. Resolution # JC-084-20 Moved by Councillor Neal Seconded by Councillor Jones That Report PSD-031-20 be received; That the amendment to the Municipality of Clarington Sign By-law 2009-123, be approved and that the By-law, contained in Attachment 1 to Report PSD-031-20 be approved with the elimination of the sign at northwest corner; and That all interested parties listed in Report PSD-031-20 and any delegations be advised of Council’s decision. Carried Page 10 Joint Committee Minutes dated September 14, 2020 6 Recess Resolution # JC-085-20 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:08 a.m. with Mayor Foster in the Chair. Alter the Agenda Resolution # JC-086-20 Moved by Councillor Neal Seconded by Councillor Jones That the Agenda be altered to consider Presentation Item 12.1 and Municipal Clerk's Department Report CLD-014-20, Ward Boundary Review, at this time. Carried 12. Presentations 12.1 Jack Ammendolia, Managing Partner and Director, Education, and Robert J. Williams,Ph. D., Public Affairs Consultant, Watson & Associates Economists Ltd., Regarding Report CLD-014-20, Ward Boundary Review – Interim Report Jack Ammendolia, Managing Partner and Director, Education and Robert J. Williams, Ph.D., Public Affairs Consultant, Watson & Associates Economists Ltd., were present via electronic means regarding the Ward Boundary Review - Interim Report. Mr. Ammendolia explained a ward boundary review and outlined the review process for Phase 1. He advised that they conducted interviews with Councillors and municipal staff, heard from community groups and citizens, received approximately 200 responses and held four virtual public information sessions. Mr. Ammendolia stated that it is important to evaluate the existing ward structure to see if they meet the needs of the community and to prepare Council for their decision. He explained the guiding principles which will help form the background of the study and provide rational going forward. Mr. Ammendolia added that many ward boundary options are rooted to the guiding principles and stated the goal is to meet as many of principles as possible. He added that effective representation, representation by population and community or diversity of interest principles received the most support. Mr. Ammendolia explained the next steps for Phase 2, noting that they will seek more public feedback and more Public Information Sessions will occur in the months of October and November 2020. Mr. Ammendolia stated that a report will be prepared with final ward boundary options for Council’s consideration and answered questions from Members of Committee. Page 11 Joint Committee Minutes dated September 14, 2020 7 Resolution # JC-087-20 The Committee recessed for their one hour scheduled break as per the Procedural By‑law. The meeting reconvened at 1:00 PM with Mayor Foster in the Chair. 17.3 CLD-014-20 Ward Boundary Review Resolution # JC-088-20 Moved by Councillor Hooper Seconded by Councillor Zwart That Report CLD-014-20 be received for information. Carried Resolution # JC-089-20 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #JC-088-20 for a second time. Carried 10. Communications – Receive for Information 10.1 Minutes of the Orono Business Improvement Area dated June 11, 2020 10.2 Minutes of the Newcastle Business Improvement Area dated July 9, 2020 10.4 Stephanie Allman, Regulatory Coordinator - Regulatory Affairs, Enbridge Gas Inc., Regarding 2021 Rate Application 10.5 Ralph Walton, Regional Clerk, Region of Durham, Regarding Durham Region's Response to Proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe and Proposed Land Needs Assessment Methodology for A Place to Grow 10.6 Nando Iannicca, Regional Chair & Chief Executive Officer, Regional Municipality of Peel, Regarding National Active Transportation Strategy and COVID-19 Economic Stimulus Package 10.8 Memo from Ron Albright, Manager of Infrastructure, Regarding Scugog St./Bons Ave. - Bowmanville - Heightened Awareness of All-Way STOP Control Intersection 10.9 Memo from Gord Weir, Director of Emergency and Fire Services, Regarding Response to Resolution #GG-249-20 Questions to the Chief Regarding Volunteer Firefighters Page 12 Joint Committee Minutes dated September 14, 2020 8 10.10 Minutes of the Tyrone Community Hall Board dated January 15, 2020, February 19, 2020, May 22, 2020 and June 17, 2020 Resolution # JC-090-20 Moved by Councillor Traill Seconded by Councillor Zwart That Items 10.1, 10.2, 10.4-10.6, 10.8-10.10, be received for information, on consent. Carried 10.3 Elaine Baxter-Trahair, Chief Administrative Officer, Region of Durham, Regarding Mixed Waste Pre-Sort and Anaerobic Digestion Project Resolution # JC-091-20 Moved by Councillor Neal Seconded by Councillor Zwart That Item 10.3, be referred to closed session at the end of the meeting. Carried 10.7 Memo from Ron Albright, Manager of Infrastructure, Regarding Whistle Cessation Update - Cobbledick Road and Bennett Road Resolution # JC-092-20 Moved by Councillor Neal Seconded by Councillor Jones That item 10.7 be referred to the consideration of Report FND-029-20, Whistle Cessation Funding Options. Carried 10.11 Memo from Ron Albright, Manager of Infrastructure, Regarding Flooding on Nash Road Update Resolution # JC-093-20 Moved by Councillor Neal Seconded by Councillor Jones That Communication Item 10.11 be received for information. Carried Page 13 Joint Committee Minutes dated September 14, 2020 9 11. Communications – Direction 11.1 Mary Medeiros, City Clerk, City of Oshawa, Regarding Licensing Payday Loan Establishments Resolution # JC-094-20 Moved by Councillor Traill Seconded by Councillor Zwart That the following resolution from the City of Oshawa, regarding Licensing Payday Loan Establishments, be endorsed by the Municipality of Clarington: That in accordance with Section 5.6.2 of Report CNCL-20-76 concerning Licensing Payday Loan Establishments dated May 20, 2020, the Licensing By- law 120-2005, as amended, and General Fees and Charges By-law 13-2003, as amended, be further amended to:  Establish a licensing system for payday loan establishments as generally set out in Section 5.6 of the Report  Restrict the number of payday loan establishments to 2 per ward to a maximum of 10 in the City  Prohibit new payday loan establishments in the Downtown Urban Growth Centre as defined in the Oshawa Official Plan  Establish a minimum 150m setback from other payday loan establishments and elementary and secondary schools  Include appropriate grandfather provisions for existing establishments and that such an amending by-law be passed in a form and content acceptable to the Commissioner, Corporate Services Department and Legal Services; That the notice provisions of By-law 147-2007 be waived in connection with the introduction of the licensing system for payday loan establishments and associated fees; That Council requests the Province of Ontario to limit the annual interest rates to a reasonable amount for all payday loans; That Council requests the Federal Government to:  Require chartered banks and credit unions to have branches in low- income neighbourhoods which offer credit lines to low-income people at the same rates they offer to other customers;  Work with partners such as credit unions and chartered banks, to encourage and steward the development of lower-cost financial products that can provide an alternative for users of payday loan establishments; and Page 14 Joint Committee Minutes dated September 14, 2020 10 That this report and resolution be forwarded to Prime Minister Trudeau, Premier Ford, local Oshawa MPs and MPPs, the Region of Durham, all Durham municipalities, the Federation of Canadian Municipalities and the Association of Municipalities of Ontario. Referred Resolution # JC-095-20 Moved by Councillor Neal Seconded by Councillor Traill That the item 11.1 be referred to Staff to report back on, or before, General Government Committee meeting dated November 9, 2020. Carried 11.2 Mary Medeiros, City Clerk, City of Oshawa, Regarding COVID-19 Funding Resolution # JC-096-20 Moved by Councillor Neal Seconded by Councillor Anderson That the following resolution f rom, the City of Oshawa, regarding COVID-19 Funding, be endorsed by the Municipality of Clarington: Whereas on March 11, 2020, the World Health Organization and the Canadian Government declared COVID-19 a global pandemic; Whereas on March 12, Ontario ordered schools closed and by March 17, began a more extensive shut down; Whereas the pandemic has led to the closure of public spaces and the cancellation of events around the world throughout the country our province and right here within our own community, causing great stress on the arts sector; Whereas local cultural organizations such as the Oshawa Folk Arts Council representing over 13 member clubs and organizations, as well as the many local service groups such as the Oshawa Rotary Club, have all been forced to cancel major events (i.e. Fiesta Week; Rib Fest; etc.) which historically contribute in large part to the fundraising and operational financing efforts of these sociocultural entities; Whereas the Government of Canada and the Province of Ontario have committed they through the Canada Council for the Arts will continue to work with the Government of Canada, as well as provincial, territorial, and municipal partners, to ensure the strength of the sector; Whereas at present, the Canada Council’s for the arts priorities as are our collective governing priorities are to ensure the health and safety of people across Canada and around the world and to work towards the sustainability and recoverability of the arts sector; and Page 15 Joint Committee Minutes dated September 14, 2020 11 Whereas a significant period has passed without further indication as to what tools, funding measures, or financial support our local social cultural, service clubs, and children/youth minor sporting originations can readily access to help support their operating costs and programming. Now Therefore Be It Resolved: That the Federal, Provincial, and Regional Government help local municipalities assist their local social cultural, service clubs, and children/youth minor sporting originations with clear and definitive relief funding programs directed to help sustain the afore mention groups through these trying times inflected on them by the effects of COVID-19; and That a copy of this resolution be sent to the Prime Minister of Canada, the Premier of Ontario, all Members of Provincial Parliament, all Members of Parliament and Association of Municipalities of Ontario and Federation of Canadian Municipalities. Carried 11.3 Mary Medeiros, City Clerk, City of Oshawa, Regarding Construction of Accessible Units as Part of all Residential Development Projects Resolution # JC-097-20 Moved by Councillor Neal Seconded by Councillor Hooper That Communication Item 11.3, be referred to Staff to report back with a memo outlining the changes to the Building Code. Carried 11.4 Ralph Walton, Regional Clerk, Region of Durham, Regarding Reconvening the Body-Worn Camera (BWC) Team Resolution # JC-098-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the following resolution from the Region of Durham, regarding Reconvening the Body-Warn Camera (BWC) Team, be endorsed by the Municipality of Clarington: Whereas Body-Worn Cameras (BWC) have been adopted by a growing number of police services across the country and the world; widely seen as a real benefit to public trust, transparency, accountability and accuracy, and have been useful in determining what exactly has taken place during confrontations between officers and civilians, aiding in building positive relations with the communities they serve; Page 16 Joint Committee Minutes dated September 14, 2020 12 Whereas recent hate-filled and brutal displays of anti-Black racism have resulted in preventable deaths and revived community outcry for more oversight and accountability for officers and police services; Whereas on June 17, 2020 the Parliamentary Black Caucus urged all levels of government to act immediately to eliminate the barriers to access to justice and public security for Black Canadians and Indigenous people, including requiring all on-duty police officers in contact with the public to wear BWCs; Whereas Toronto Police Chief Mark Saunders has said he will fast track body cameras for all front-line officers within the Toronto Police Service (TPS) due to recent events; Whereas Durham Regional Police Service (DRPS) conducted a year-long BWC pilot from June 2018 to June of 2019, using officers from two units in West Division, Regional Traffic Enforcement and members from the Festive R.I.D.E team; Whereas approximately 80 officers were outfitted with cameras durin g the pilot, resulting in 26,600 videos being collected - of which 52 per cent were categorized as evidence and about 30 per cent have been or will be used in criminal and provincial offences trials - and the project manager has said that “I don’t think we’ve seen very much resistance at all - and the officers fairly quickly got comfortable with the technology”, yet no formal recommendations or go-forward plans have been presented to DRPS Board; and Whereas on April 21, 2020, DRPS informed their Board that the BWC study was on hold due to the pandemic, and all officers were sent back to their original deployments, further delaying a decision; Now Therefore Be It Resolved: That to be responsive to the needs of our community, the Durham Regional Police Services Board (‘Board’) be requested to reconvene the Body-Worn Camera (BWC) team effective immediately; That Regional Council request the DRPS Police Services Board, at the earliest possible opportunity, to consider BWC implementation, which shall include funding requirements to start phasing in the procurement and outfitting of front-line officers with cameras to eliminate subjectivity in civilian and police interactions; That Regional Council requests the Board present a delegation to Regional Council by September 2020, or as soon thereafter as is reasonably possible, including a timeline and budget to address this need at the earliest opportunity; Page 17 Joint Committee Minutes dated September 14, 2020 13 That the presentation include an update by the Board regarding the DRPS officer training plan, addressing how officers are trained to handle mental health distress and de-escalation techniques, specifically within the Black and Indigenous community; and That this motion be circulated to the DRPS Board, and all Durham municipalities. Carried 11.5 Ralph Walton, Regional Clerk, Region of Durham, Regarding Dorsay Development Corporation's Request for a Minister's Zoning Order for Lands in Northeast Pickering and the Region's Municipal Comprehensive Review Resolution # JC-099-20 Moved by Councillor Neal Seconded by Councillor Hooper That Communication Item 11.5, be received for information. Carried 11.6 Sarah Delicate, President, United Shoreline Ontario (USO), Regarding Stimulus Funding for Shore Line Resilience Movement Resolution # JC-100-20 Moved by Councillor Traill Seconded by Councillor Anderson Whereas the COVID-19 pandemic has devastated the economy of the Municipality of Clarington, with ongoing diminished revenues to municipal governments likely to further constrain public services, prolong economic damage and slow full recovery; And whereas economists, business leaders and elected officials recognize the need for continued economic stimulus efforts to create jobs, generate long-term economic activity and accelerate the pace of recovery, particularly in hard -hit cities; And whereas with nearly one-third of U.S. and Canadian economic activity centered in the Great Lakes region, its economic recovery can fuel the larger, national economic recovery; And whereas investing in water infrastructure is one of the most cost-effective ways to stimulate economic activity, with every job added in the water and wastewater industry projected to create an additional 3.68 jobs in the national economy, And whereas shoreline communities across the Great Lakes and St. Lawrence region are heavily impacted by erosion, flooding and other effects from high water levels and extreme weather events; Page 18 Joint Committee Minutes dated September 14, 2020 14 And whereas Great Lakes and St. Lawrence water levels are at all-time highs and are predicted to persist until the region experiences dry conditions for up to several years; And whereas climate change is projected to bring more frequent severe storm events that will compound impacts from high water levels, with 100-year storm events already happening every 20 years, on average; And whereas Ontario and Quebec shoreline communities have experienced more than $200 million in insurable damages over the past year and members of the Great Lakes and St. Lawrence Cities Initiative have identified ove r 36 projects requiring approximately $400 million to repair damage from, and build resilience to, coastal erosion, flooding and other impacts from high lake levels and climate change; And whereas investments in resilience, mitigation and ecosystem restoration are estimated to return more than $6.00 for every $1.00 spent and create 39 jobs per $1 million spent, and historically, every dollar spent on flood risk management has prevented nearly $10 in damages; and And whereas the investments outlined above respond to well-documented needs, enjoy broad support and can be administered quickly through existing programs and swiftly generate job growth and new economic activity in our city and others across the Great Lakes and St. Lawrence region; Now therefore be it resolved that the Municipality of Clarington joins with more than 100 mayors and other municipal leaders convened by the Great Lakes and St. Lawrence Cities Initiative to call for continued action to protect 20 percent of the world’s fresh surface water and the drinking water source for 40 million people; and That the Municipality urges its Provincial and Federal Governments to support additional economic stimulus efforts focused on water resource priorities, including:  $7 billion in stimulus funding over the next two construction season to address  $3 billion water infrastructure projects  $2 billion for shoreline protection projects in the Great lakes and St Lawrence  $2 billion to address disaster preparation and flood mapping That the citizens of the Municipality of Clarington appreciate the Government of Canada’s support provided so far to respond to the COVID-19 pandemic and urge further action to ensure a quick and complete economic recovery while addressing urgent needs to rebuild our water infrastructure and protect our shoreline areas. Page 19 Joint Committee Minutes dated September 14, 2020 15 Carried as Amended, See following motions Recess Resolution # JC-101-20 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 2:01 p.m. with Mayor Foster in the Chair. Resolution # JC-102-20 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #JC-100-20 be amended by severing the recitals, which includes paragraph 1-10. Carried The foregoing Resolution #JC-100-20 was then put to a vote and carried as amended. 11.7 Stasia Carr, Clerk, Town of Gore Bay, Regarding Support of OPP Diversity Training Resolution # JC-103-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the following resolution from the Town of Gore Bay, regarding Support of OPP Diversity Training, be endorsed by the Municipality of Clarington: Whereas the Town of Orangeville is requesting support of their motion regarding OPP Diversity Training; And whereas they are concerned that although the OPP have indicated they have a comprehensive diversity training program, there may not be the same resources available throughout the province detachments; And whereas there is public concern regarding the use of force, such as neck restraints and oversight; Now therefore be it resolved that the Town of Gore Bay supports the Town of Orangeville in their efforts to encourage common training requirements to all members of the Ontario Provincial Police Force and they be so advised; and That this motion be sent to the Solicitor General's Office. Carried Page 20 Joint Committee Minutes dated September 14, 2020 16 11.8 Judy Smith, Director Municipal Governance, Clerk/Freedom of Information Coordinator, Municipality of Chatham-Kent, Regarding Emancipation Day Resolution # JC-104-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the following resolution from the Municipality of Chatham -Kent, regarding Emancipation Day, be endorsed by the Municipality of Clarington: That the Municipality of Chatham-Kent acknowledges and supports the following Private Members Bill put forward by Majid Jowhari; M-36, Emancipation Day, 43rd Parliament, 1st Session that reads as follows: That the House recognized that: a. The British Parliament abolished slavery in the British Empire as of August 1, 1834 b. Slavery existed in the British North America prior to is abolition in 1834 c. Abolitionists and others who struggled against slavery, including those who arrived in Upper and Lower Canada by the Underground Railroad, have historically celebrated August 1, as Emancipation Day d. The Government of Canada announced on January 20, 2018 that it would officially recognize the United Nations International Decade for People of African Descent to highlight the important contributions that people of African Descent have made to Canadian Society, and to provide a platform for conforming anti- black racism; and e. The heritage of Canada's people of African descent and the contributions they have made and continue to make to Canada; and that in the opinion of the House, the government should designate August 1 of every year as "Emancipation Day" in Canada That support for this motion is sent to our Member of Parliament and all House of Commons representatives. Carried Page 21 Joint Committee Minutes dated September 14, 2020 17 11.9 Robin Crone, Regarding A Request for a By-law to Regulate Clothes Lines Resolution # JC-105-20 Moved by Councillor Zwart Seconded by Councillor Traill That Communication Item 11.9, be received for information. Carried 11.10 Susan Cassell, City Clerk, City of Pickering, Regarding Call to Action (Public Inquiry) - Second Request Resolution # JC-106-20 Moved by Councillor Anderson Seconded by Councillor Zwart That the following resolution from the City of Pickering, regarding Call to Action (Public Inquiry) - Second Request, be endorsed by the Municipality of Clarington: That Corr. 28-20, dated May 29, 2020, from the Families of Orchard Villa, regarding a Call To Action (Public Inquiry) - Second Request – Urgent, be endorsed; and That a copy of this Resolution be forwarded to the Premier of Ontario, the Lieutenant Governor, Durham MPPs, Opposition Leaders, the Regional Municipality of Durham, and Durham Region municipalities. Carried 11.11 Tammy Fowkes, Deputy Clerk, Town of Amherstburg, Regarding Long Term Care Home Improvements Resolution # JC-107-20 Moved by Councillor Zwart Seconded by Councillor Hooper That the following resolution from the Town of Amherstburg, regarding Long Term Care Home Improvements, be endorsed by the Municipality of Clarington: That, due to the deplorable conditions exposed by the pandemic in LTC homes in the province, and because this is a time for action, not just continuous streams of investigations, commissions and committees, and because the problems have been clearly identified, that Sarnia City Council direct staff to send this motion to the 444 Ontario Municipalities, asking them to urge Premier Ford to start implementing the required resolutions immediately, as follows: 1. increasing hours for all part-time and casual labour 2. since the government provides funding for privately-operated homes, they have an obligation to inspect these homes and see that they are being Page 22 Joint Committee Minutes dated September 14, 2020 18 properly run, and that funds are being used for the benefit of the residents and not the huge profitability of the operators, and 3. to end the neglect and unacceptable conditions being experienced, each day, by our vulnerable seniors. Carried 11.12 Dan Carter, Mayor, City of Oshawa, Containing Letters to the Prime Minister and John Henry, Regional Chair, Regarding Mental Health for Police Services Resolution # JC-108-20 Moved by Councillor Hooper Seconded by Councillor Zwart That item 11.12 from Dan Carter, Mayor, City of Oshawa, regarding mental Health for Police Services, be endorsed by the Municipality of Clarington. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried (5 to 2) 11.13 Andrew Evers, Manager, Environmental Assessment Branch, Ministry of the Environment, Conservation and Parks, Regarding Proposed Recycling and Anaerobic Digestion Facility Resolution # JC-109-20 Moved by Councillor Traill Seconded by Councillor Zwart That Correspondence Item 11.17, be referred to Staff. Motion Withdrawn Resolution # JC-110-20 Moved by Councillor Traill Seconded by Councillor Neal That Staff be directed to proceed with a request to make a designation request to the Ministry of Environment regarding the Region of Durham’s proposed anaerobic digestion facility. Referred Page 23 Joint Committee Minutes dated September 14, 2020 19 Resolution # JC-111-20 Moved by Councillor Neal Seconded by Councillor Traill That Item 11.13, be referred to closed session at the end of the meeting. Carried 11.14 Raymond Kiomall, Regarding Request for a Lighting Nuisance By-law Resolution # JC-112-20 Moved by Councillor Neal Seconded by Councillor Jones That Communication Item 11.14, be referred to staff to report back. Carried 11.15 Letters from Robert Grimley, William and Donna Cooper, and Linda and Serge Lafrance, Regarding Report FND-029-20 Whistle Cessation Funding Options Resolution # JC-113-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the item 11.15 be referred to the consideration of Report FND-029-20, Whistle Cessation Funding Options. Carried 11.16 Clayton Self, Regarding a Request for a Traffic Study at Richfield Sq. and Nash Rd. Intersection and a Review of the Water Table at 1668 Nash Road Resolution # JC-114-20 Moved by Councillor Neal Seconded by Councillor Jones That staff be directed to request a further traffic study to be undertaken when schools are back in session. Motion Withdrawn Resolution # JC-115-20 Moved by Councillor Neal Seconded by Councillor Jones That Communication Item 11.16, be referred to Staff. Carried Page 24 Joint Committee Minutes dated September 14, 2020 20 Recess Resolution # JC-116-20 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 3:13 p.m. with Mayor Foster in the Chair. 11.17 Memo from Anne Greentree, Municipal Clerk, Regarding Appointment of Department Liaisons - Change Departments Resolution # JC-117-20 Moved by Councillor Hooper Seconded by Councillor Zwart That the Members of Council be designated as a Department Liaison for the remainder of the term as follows: Planning & Development Department Councillor Anderson Public Works Department Councillor Hooper Emergency Services Department Councillor Margaret Zwart Community Services Department Councillor Corinna Traill Legislative Services Department Councillor Jones Finance Department Councillor Neal Corporate Services &Administration Mayor Adrian Foster Motion Withdrawn Page 25 Joint Committee Minutes dated September 14, 2020 21 Resolution # JC-118-20 Moved by Councillor Neal Seconded by Councillor Zwart That the Members of Council be designated as a Department Liaison as follows: Planning & Development Department Councillor Anderson Public Works Department Councillor Hooper Emergency Services Department Councillor Margaret Zwart Community Services Department Councillor Corinna Traill Legislative Services Department Councillor Jones Finance Department Councillor Neal Corporate Services &Administration Mayor Adrian Foster That this matter be reviewed at the November 30, 2020 General Government Committee meeting. Carried 14. Public Works Department Reports 14.1 PWD-001-20 Ice Skating Trail Councillor Hooper chaired this portion of the meeting. Resolution # JC-119-20 Moved by Councillor Traill Seconded by Mayor Foster That Report PWD-001-20, be referred to the General Government Committee Meeting dated October 19, 2020. Carried 15. Emergency and Fire Services Department Reports No Reports for this section of the Agenda. 16. Community Services Department Reports No Reports for this Section of the Agenda. Page 26 Joint Committee Minutes dated September 14, 2020 22 17. Municipal Clerk’s Department Reports Councillor Jones chaired this portion of the meeting. 17.1 CLD-012-20 Remote Meeting Participation Legislation – Allowing All Members to be Remote (Bill 197 enacted as the COVID-19 Economic Recovery Act, 2020) Resolution # JC-120-20 Moved by Councillor Neal Seconded by Mayor Foster That Report CLD-012-20 be received; That electronic participation in closed session for Council and Committee meetings at any time (not just during emergency periods) be approved; That, as per the new provisions set out in the Municipal Act, 2001, those members participating electronically in a meeting, be counted towards quorum; That the By-law attached to Report CLD-012-20, as Attachment 1, amending the Procedural By-law to allow for electronic participation in closed session at Council and Committee meetings, and to provide that those participating count towards quorum, be approved; and That all interested parties, and any delegations, be advised of Council’s decision. Carried 17.2 CLD-013-20 Addressing Frivolous, Vexatious or Malicious Enforcement Complaints Resolution # JC-121-20 Moved by Councillor Traill Seconded by Councillor Hooper That the item 17.2, be referred to the next Regular Council Meeting dated September 21, 2020. Carried 18. Corporate Services Department Reports No reports for this section of the Agenda. 19. Finance Department Reports Mayor Foster Chaired this portion of the meeting. Page 27 Joint Committee Minutes dated September 14, 2020 23 19.1 FND-027-20 2020 – 2021 Insurance Report Suspend the Rules Resolution # JC-122-20 Moved by Councillor Traill Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting until 6:00 p.m. Carried Resolution # JC-123-20 Moved by Councillor Hooper Seconded by Councillor Zwart That Report FND-027-20 be received; That the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self-retention deductible levels for the period July 1, 2020 to June 30, 2021, at a cost to Clarington of $928,287 be confirmed; and That the purchase of cyber liability coverage through the Frank Cowan Company at a cost of $20,000 be confirmed. Carried 19.2 FND-028-20 BILD COVID19 Recommendations Resolution # JC-124-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Report FND-028-20 be received; and That all interested parties listed in Report FND-028-20 and any delegations be advised of Council’s decision. Carried 19.3 FND-029-20 Whistle Cessation Funding Options Resolution # JC-125-20 Moved by Councillor Traill Seconded by Councillor Jones That the item 19.3, be referred to the General Government Committee Meeting dated September 28, 2020. Carried Page 28 Joint Committee Minutes dated September 14, 2020 24 19.4 FND-030-20 2021 Budget Guidelines and Update Resolution # JC-126-20 Moved by Councillor Neal Seconded by Councillor Jones That Report FND-030-20 be received; That Staff prepare a draft budget with a target municipal increase of 1.5 per cent; That Staff include within the draft budget requests for funding from external agencies up to a maximum limit of 1.5 per cent; That the 2021 budget schedule, as outlined within the report, be approved; That Staff develop a Determination of User Fee Revenue Policy, and review the current user fees charged by the Municipality to determine if they are appropriate; and That all interested parties listed in Report FND-030-20, and any delegations be advised of Council's decision. Resolution # JC-127-20 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #JC-126-20 for a second time. Carried Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost (3 to 4) Resolution # JC-128-20 Moved by Councillor Zwart Seconded by Councillor Traill That Report FND-030-20 be received; That Staff prepare a draft budget with a target municipal increase of 3.55 per cent; That Staff include within the draft budget requests for funding from external agencies up to a maximum limit of 1.80 per cent; That the 2021 budget schedule, as outlined within the report, be approved; Page 29 Joint Committee Minutes dated September 14, 2020 25 That Staff develop a Determination of User Fee Revenue Policy, and review the current user fees charged by the Municipality to determine if they are appropriate; and That all interested parties listed in Report FND-030-20, and any delegations be advised of Council's decision. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried (5 to 2) Recess Resolution # JC-129-20 Moved by Councillor Jones Seconded by Councillor Hooper That the Committee recess for 10 minutes. Carried The meeting reconvened at 5:35 p.m. with Mayor Foster in the Chair. 19.5 FND-031-20 Funding Approval for South Bowmanville Recreation Centre Resolution # JC-130-20 Moved by Councillor Traill Seconded by Councillor Hooper That Report FND-031 -20 be received; That the Council commits to the completion of the South Bowmanville R ecreation Centre and provides pre-budget approval up to $50,000,000; That the project be funded to the extent possible from development charges; That the By-law attached to Report FND-031-20, as attachment 1, be approved with a target term length of ten years to a maximum of 20 years; That the impact to the tax levy of the debenture be in addition to the budget target as set by Council for the 2021 draft budget; and That all interested parties listed in Report FND-031-20 and any delegations be advised of Council’s decision. Referred Page 30 Joint Committee Minutes dated September 14, 2020 26 Resolution # JC-131-20 Moved by Councillor Neal Seconded by Councillor Jones That Report FND-031-20, be referred to the 2021 Budget. Yes (6): Mayor Foster, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart No (1): Councillor Anderson Carried (6 to 1) Suspend the Rules Resolution # JC-132-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an additional 5 minutes to 6:05 p.m. Carried Resolution # JC-133-20 Moved by Councillor Neal Seconded by Councillor Hooper That items 10.3, 11.13, 22.3, 22.4, 22.5, 23.1, 23.2, and 23.3, be referred to a Special General Government Committee meeting to be held on September 21, 2020 at 5:00 p.m.; and That the Rules of Procedure be suspended to extend the meeting until 6:15 p.m. Carried 20. Solicitor’s Department Reports No Reports for this section of the Agenda. 21. Chief Administrative Office Reports No Reports for this section of the Agenda. 22. New Business – Consideration 22.1 Banning Confederate Flags Resolution # JC-134-20 Moved by Councillor Anderson Seconded by Councillor Traill That confederate flags be banned in Clarington. Referred Page 31 Joint Committee Minutes dated September 14, 2020 27 Resolution # JC-135-20 Moved by Councillor Anderson Seconded by Councillor Traill That item 22.1, be referred to the same meeting as the Staff report regarding hate symbols. Carried 22.2 Diversity in Clarington Resolution # JC-136-20 Moved by Councillor Hooper Seconded by Councillor Anderson Whereas the Municipality of Clarington engages with its Diversity Advisory Committee on matters surrounding diversity in the community; Whereas on June 9, 2020, the Municipality of Clarington along with its Diversity Advisory Committee released a joint statement condemning racism and discrimination; Whereas Clarington is an employer partner of the Canadian Centre for Diversity and Inclusion to support its employees; Now therefore be it resolved that $20,000 be allocated from the Tax Rate Stabilization Fund to support the work of Clarington’s Diversity Advisory Committee to fund the development of its strategic plan as it supports the Municipality of Clarington in the fight against anti-Black racism and all forms of racism; and That Clarington’s Diversity Advisory Committee report back to Council, through staff, with updates on the development of the strategic plan. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried (5 to 2) 22.3 Residents in New Subdivisions Converting their Homes to Room Houses Councillor Hooper withdrew his motion. Page 32 Joint Committee Minutes dated September 14, 2020 28 22.4 Speeding in Subdivisions Councillor Hooper withdraw his motion. 22.5 Long Grass Councillor Hooper withdraw his motion. 22.6 Confidential Questions Regarding 110 Port Darlington Boulevard Referred to the Special General Government Committee meeting dated September 21, 2020 as per Resolution #JC-133-20. 22.7 Confidential Questions for the Acting Director of Planning and Development Services Referred to the Special General Government Committee meeting dated September 21, 2020 as per Resolution #JC-133-20. 22.8 Confidential Question for the Municipal Clerk, Regarding a Personnel Matter Referred to the Special General Government Committee meeting dated September 21, 2020 as per Resolution #JC-133-20. 23. Unfinished Business 23.1 OPD-006-20 Operations Needs Assessment (Referred from the July 6 -7, 2020 Council Meeting) Referred to the Special General Government Committee meeting dated September 21, 2020 as per Resolution #JC-133-20. 23.2 Confidential Memo from Faye Langmaid, Acting Director, Planning and Development Services, Regarding Report PSD-023-20 3705 Bowmanville Avenue Referred to the Special General Government Committee meeting dated September 21, 2020 as per Resolution #JC-133-20. Page 33 Joint Committee Minutes dated September 14, 2020 29 23.3 Confidential Report PSD-023-20 Potential Acquisition - Future Works Yard (Referred from the June 22, 2020 General Government Committee Meeting) Referred to the Special General Government Committee meeting dated September 21, 2020 as per Resolution #JC-133-20. 24. Confidential Reports 25. Adjournment Resolution # JC-137-20 Moved by Councillor Zwart Seconded by Councillor Neal That the meeting adjourn at 6:19 p.m. Carried Mayor Deputy Clerk Page 34 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Special General Government Committee Minutes Present Were: Present Via Electronic Means: Mayor A. Foster, Councillor R. Hooper, Councillor J. Jones, Councillor M. Zwart Councillor G. Anderson, Councillor J. Neal, Councillor C. Traill Staff Present: Present Via Electronic Means: A. Greentree, M. Chambers A. Allison, G. Acorn, R. Albright, S. Brake, F. Langmaid, R. Maciver, M. Marano, T. Pinn, G. Weir _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 5:00 PM. 2. Land Acknowledgement Statement Councillor Jones led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest There were no disclosures of interest stated at this meeting. 4. Unfinished Business (Referred from the September 14, 2020 Joint Committee Meeting) 4.1 OPD-006-20 Operations Needs Assessment (Previously Referred from the July 6-7, 2020 Council Meeting) Resolution # GG-301-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Report OPD-006-20 be received; and That the Operations Needs Assessment, as prepared by Resource Planning Group (RPG), be approved as the strategic guide for the development of the facility and Date: Time: Location: September 21, 2020 5:00 PM Microsoft Teams Page 35 September 21, 2020 Special General Government Committee Meeting 2 site requirements for the future Public Works Department of the Municipality of Clarington. Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Traill, and Councillor Zwart No (1): Councillor Neal Carried on a recorded vote (6 to 1) 4.2 Elaine Baxter-Trahair, Chief Administrative Officer, Region of Durham, Regarding Mixed Waste Pre-Sort and Anaerobic Digestion Project Resolution # GG-302-20 Moved by Councillor Traill Seconded by Councillor Jones That Correspondence Item 4.2 from Elaine Baxter-Trahair, Chief Administrative Officer, Region of Durham, regarding Mixed Waste Pre-Sort and Anaerobic Digestion Project, be referred to the General Government Committee. Motion Withdrawn Resolution # GG-303-20 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Item 4.2 from Elaine Baxter-Trahair, Chief Administrative Officer, Region of Durham, regarding Mixed Waste Pre-Sort and Anaerobic Digestion Project, be referred to outside Counsel for arbitration. Motion referred, See following motion Resolution # GG-304-20 Moved by Councillor Neal Seconded by Councillor Traill That the matter be referred to be considered during Closed Session of the September 21, 2020 Council meeting. Carried Page 36 September 21, 2020 Special General Government Committee Meeting 3 4.3 Andrew Evers, Manager, Environmental Assessment Branch, Ministry of the Environment, Conservation and Parks, Regarding Proposed Recycling and Anaerobic Digestion Facility Resolution # GG-305-20 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Item 4.3 from Andrew Evers, Manager, Environmental Assessment Branch, Ministry of the Environment, Conservation and Parks, regarding Proposed Recycling and Anaerobic Digestion Facility, be referred to the closed session of the September 21, 2020 Council meeting. Carried 4.7 Confidential Questions for the Acting Director of Planning and Development Services, from Councillor Traill Councillor Traill enquired about the state of the waterfront at Port Darlington. She asked if the permits have been pulled since Kaitlin has taken over the property. 4.4 Confidential Memo from Faye Langmaid, Acting Director of Planning and Development Services, Regarding Report PSD-023-20 3705 Bowmanville Avenue 4.5 Confidential Report PSD-023-20 Potential Acquisition - Future Works Yard 4.6 Confidential Question Regarding 110 Port Darlington Boulevard, from Councillor Anderson 4.8 Confidential Question for the Municipal Clerk, regarding a Personnel Matter, from Councillor Traill Closed Session Resolution # GG-306-20 Moved by Councillor Hooper 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 four matters, which deal with, a proposed or pending acquisition or disposition of land by the municipality or local board; a matter that deals with labour relations or employee negotiations; and a personal matter about an identifiable individual, including municipal or local board employees. Carried Page 37 September 21, 2020 Special General Government Committee Meeting 4 Rise and Report The meeting resumed in open session at 6:48 PM. Mayor Foster advised that four items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed on a procedural matter and one resolution was passed to provide direction to staff. 5. Adjournment Resolution # GG-307-20 Moved by Councillor Hooper Seconded by Councillor Jones That the meeting adjourn at 6:50 PM. Carried Mayor Deputy Clerk Page 38 Audit Committee Minutes If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date: July 14, 2020 Time: 2:00 PM Place: Held Virtually via Microsoft Teams Present were: Mayor A. Foster, Councillor J. Neal, Councillor R. Hooper Staff present: T. Pinn, M. Marano, C. Carr, M. Pick, H. Lynch 1. Call to Order Mayor Foster called the meeting to order at 2:00 PM. 2. Declarations of Pecuniary Interest Councillor Hooper declared an interest on item 7.4, Financial Statements for the Board of Management for Historic Downtown Bowmanville Business Improvement Areas. 3. Adoption of Minutes of Previous Meeting(s) 3.1. None 4. Presentations 4.1. Melanie Dugard, Principal, Grant Thornton has been cancelled due to the final financial statements not being reviewed. Presentation will be rescheduled for next Audit Committee meeting. 5. Delegations 5.1. None 6. Communications – Receive for Information 6.1. Letter from Melanie Dugard, CPA, CA – Principal, Grant Thornton LLP “Report to the Audit Committee strategy and results” dated July 9, 2020. Item has been removed from agenda as no longer relevant. Revised letter will be provided at next meeting. Page 39 Page | 2 7. Items for Direction 7.1. Terms of Reference Recommendation: That the Committee recommends to Council that the Terms of Reference for the Audit and Accountability Committee be approved. The following changes were suggested and agreed upon: Length of term to be changed to 2 years; Delegations at Committee meetings requires more verbage around who can request to attend a meeting and whether other council members need to submit a request to attend. 7.2. 2019 Consolidated Financial Statements for the Municipality of Clarington Recommendation: That the Consolidated Financial Statements for the Municipality of Clarington for the year ending December 31, 2019 be approved. Item has been deferred to next meeting. 7.3. 2019 Financial Statements for the Municipality of Clarington Trusts Recommendation: That the Financial Statements for the Municipality of Clarington Trusts for the year ending December 31, 2019 be approved. Item has been deferred to next meeting. 7.4. 2019 Financial Statements for the Board of Management for Historic Downtown Bowmanville Business Improvement Area Recommendation: That the Financial Statements for the Board of Management for Historic Downtown Bowmanville Business Improvement Area for the year ending December 31, 2019 be approved. Item has been deferred to next meeting. 7.5. 2019 Financial Statements for the Board of Management for the Newcastle Central Business District Improvement Area Recommendation: That the Financial Statements for the Board of Management for the Newcastle Central Business District Improvement Area for the year ending December 31, 2019 be approved. Item has been deferred to next meeting. Page 40 Page | 3 7.6. 2019 Financial Statements for the Orono Central Business District Improvement Area Recommendation: That the Financial Statements for the Board of Management for the Orono Central Business District Improvement Area for the year ending December 31, 2019 be approved. Item has been deferred to next meeting. 7.7. Internal Audit Policy Recommendation: That Staff report back to the Audit and Accountability Committee with an updated Internal Audit Policy for the role of the internal audit function. Committee agreed to staff’s recommendation to report back with an updated policy, as soon as possible. 8. Other Business Finance will be going out for RFP for audit services for the 2020 year end. Committee requested that the DMIP appraise the Neil Newton photos at Tyrone Community Centre, in conjunction with item 18(b) on the Municipality of Clarington’s financial statements. 9. Adjournment Moved by Councillor Neal Seconded by Councillor Hooper That the meeting adjourn at 3:17 PM. Carried Page 41 1 Audit and Accountability Committee Terms of Reference Committee Purpose The Audit and Accountability Committee assists Council in fulfilling its due diligence, fiduciary, financial reporting and audit responsibilities. The Committee approves, monitors, evaluates and provides advice on matters affecting the external audit, internal audit, risk management and the financial reporting and accounting control policies and practices of the Municipality. Committee Mandate The Mandate of the Committee is to make recommendations directly to Council regarding the following:  Financial Statements;  External Audit Function;  Internal Audit Function;  Corporate Control Framework;  Risk Management. Financial Statements The Committee is responsible for the following recommendations regarding financial statements:  Review and recommend for approval the annual audited consolidated financial statements and associated statements;  Review quarterly actual financial performance as per Budget Policy G14;  Review and discuss with management o The appropriateness of accounting or other financial policies and financial reporting practices o Any significant proposed changes in financial reporting and accounting policies and practices to be adopted by the Municipality o Any new or pending developments in accounting and reporting standards that may affect the Municipality o Management’s key estimates and judgments that may be material to financial reporting Page 42 2 External Audit Function The Committee is responsible for the following regarding the external audit function:  Confirm and ensure the independence of the external auditor, including the approval and review of all additional audit, management consulting and other fees of the external auditor;  Recommend the selection or dismissal of the external auditor to Council as required including participation in the selection committee with staff, approval of the selection process and annual evaluation of the external auditor’s performance;  Review the terms of engagement, scope and performance of the external audit services provided;  Approve the fees for the audit;  Review any matters brought to the committee’s attention by the external auditor and determine the appropriate disposition thereof;  Review and discuss with the external auditor the Management Letter, agree with management on the proper course of action, and make recommendations to Council, where necessary;  Discuss with the external auditor the annual evaluation of the internal control systems, if appropriate, together with any related recommendations for improvement;  Meet with the external auditor to discuss all material issues and ensure any matter the external auditor brings forth has been given adequate attention, including any appropriate action; and  Provide an open avenue of communication between the external auditor and Committee, including the ability to meet in closed session, in the absence of management, at Audit Committee meetings regarding matters deemed allowable under the Municipal Act, 2001. Internal Audit Function (Manager of Internal Audit) The Committee is responsible for the following regarding the internal audit function:  Confirm and assure the independence of the Manager of Internal Audit ;  Review and approve the annual audit work plan, and subsequent significant changes as recommended by the Manager of Internal Audit ;  Review audit reports issued and, where required, recommend the acceptance, amendment or rejection of the report recommendations;  Review the adequacy of management responses to audit concerns in relation to risks and costs involved; Page 43 3  Review reports from the Manager of Internal Audit on the status and implementation of approved audit recommendations; and  Provide an open avenue of communication between the Manager of Internal Audit and Committee, including the ability to meet in closed session, in the absence of Municipal management, at Audit Committee meetings regarding matters deemed allowable under the Municipal Act 2001, c 25. Corporate Control Framework The Committee is responsible for the following regarding the corporate control framework function:  Review and discuss with management their responsibility for: o Reliability and integrity of financial and operating information and the processes to identify, measure, classify and report such information, o Internal control processes and systems to ensure compliance with policies, plans, procedures, laws and regulations, o Safeguarding Municipal assets, and as appropriate, verifying the existence of those assets.  Obtain reasonable assurance on an annual basis, the information technology systems are reliable and secure, and the systems of internal controls are adequately designed and effectively implemented through discussions with and report from management,  Review and discuss reports related to the investigation of significant non- compliance, conflicts of interest, misconduct, or fraud and their resolution and make recommendations to Council thereinunder the Municipal Act, 2001. Risk Management The Committee is responsible for the following regarding the risk management function:  Review and discuss with management their responsibility for assessing and managing the Municipality’s exposure to risk,  Review policies governing risk management,  Review and discuss with management the Municipality’s significant emerging risk exposures. Responsibilities and Obligations of Members All Committee members shall abide by the Terms of Reference for the Committee as approved by Council. Members must be willing to commit to the time required to understand and evaluate the information provided, as well as be open-minded to various opinions and perspectives. Page 44 4 The Chair or a spokesperson appointed by the Committee may speak on behalf of the Committee to Council or the public. Other members shall not act or speak on behalf of the Committee without prior approval of the Committee. The Committee or its members will not use petitions, resolutions, or position papers on behalf of the Committee, unless specifically authorized by Council resolution. The Chair may ask any Committee member to leave a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. The Committee also has the right to censure members that, in the Committee’s opinion, are misrepresenting the Committee and may request Council to remove that person from the Committee. Members who wish to resign shall notify the Chair in writing of their decision who, in turn shall notify the Municipal Clerk in writing of the resignation. Council shall appoint new members to the Committee to fill any vacancies as required. Duty of Council Council shall seek advice from the Committee on items within these terms of reference. Council may assign other roles and responsibilities to the Committee; however, Council must ensure that the Committee is still able to meet its legal responsibilities. Committee Composition The Committee shall be comprised of three members of Council each casting one vote per member. Council shall appoint members to the Committee, one of which shall be the Council liaison to the Finance Department. Where the Mayor is not appointed to the Committee, he/she shall be an ex-officio member of the Committee. It is important that Committee members have the following skills to effectively serve on the Audit and Accountability Committee.  A general understanding of the Municipality’s major economic, operating and financial risks;  A broad awareness of the interrelationship of the Municipality’s operations and its financial reporting; and  Understand the difference between the oversight function of the Committee and the decision-making function of management; Page 45 5 Committee Chair The Council liaison to the Finance Department shall act as Chairperson for th e Committee. The Committee shall select Vice-Chair from among its membership. The Chair provides leadership to the Committee, ensures that the Committee carries out its mandate, and acts as the Primary liaison between the Committee and Staff. The Chair shall set the agenda for each meeting in consultation with the staff liaison. If the Chair is temporarily absent, the Vice-Chair will assume the position and responsibilities for the Chair in the interim. If the position of Chair becomes vacant, the Vice-Chair shall assume the responsibilities of the Chair until a new Chair can be elected. If the Vice-Chair becomes vacant, the Chair may appoint a member of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected. Election, when required, will be held at the next meeting of the Committee. Length of Term Membership aligns with the term of Council or until their successors are appointed, with consideration given to the member’s stated interest or desire to be on the committee. Council shall conduct a review of the appointments to the Committee at the end of the second year of the term of Council to enable Council to determine if any changes to the appointments are desired. If Council makes any changes to the appointments, the term of office of any new appointee shall be concurrent with the balance of the term of Council. Frequency of Meetings The Committee will meet at least four times per year, with additional meetings at the call of the Chairperson in order to properly discharge its responsibilities. Exceptions to this may include:  During a municipal election year.  Where quorum is not reached  When circumstances warrant special consideration Committee meetings shall generally be held at in the Clarington Municipal Administrative Centre or virtually online if deemed necessary or appropriate by the Chair. Page 46 6 Quorum A majority of voting members shall constitute a quorum. In the event that a quorum is not met, the meeting may proceed but members cannot vote or make decisions. Committee Resolutions Recommendations and decisions reached by the Committee must be based on consensus wherever possible. In the event that a consen sus cannot be reached and there are different opinions on the issue, the Chair may call for a formal vote by show of hands. Decisions will be carried by a simple majority of the voting members present. Each member of the committee has one vote. Recommendations are “carried” when supported by a majority. Only recommendations as they appear in the adopted Minutes can be considered as officially representing the position of the Committee. Delegations at Committee Meetings Any person(s) wishing to appear before the Committee as a delegation must submit a request to the Finance Department, advising of the topic or item they wish to speak. All requests for delegations must be received at least one week before the meeting to ensure the topic is within the mandate of the Committee and that the delegation is included in the agenda. Any person wishing to address the Committee as a delegation, who has not previously arranged to do so, may be granted permission to do so only by Comm ittee resolution. All delegations will be limited to 10 minutes. Council members, who are not members of the Committee, may attend meetings without requesting to appear as a delegation. Council members who are not on the Committee may speak for 10 minutes during the delegation section of the meeting. They do not have the right to vote or comment during Committee meetings. Staff Resources, Minutes and Agendas The Finance Department Administrative Assistant shall provide clerical and administrative assistance to the Committee, as deemed appropriate by the Director of Finance to ensure the proper functioning of the Committee. Specifically, the Finance Department Administrative Assistant will provide the following resources to the Committee:  Preparing and forwarding meeting materials to members; Page 47 7  Preparation of meeting minutes and Committee correspondence (including assistance in drafting); The Director of Finance and the Manager of Internal Audit will provide technical assistance to the Committee. This will include the following resources to the Committee.  Professional advice on matters within the mandate of the Committee; and  Assist the Committee in participating in events and activities related to its mandate. Staff resources are provided only to assist the Committee in undertaking their mandate. Additional requests of staff resources shall be at the discretion of the Director of Finance and within staff, time, and budget constraints. The minutes of each Committee meeting will be amended as necessary and approved at the following meeting. The unapproved minute s will be included in the next regularly scheduled Council meeting. Committee agendas will be prepared by the Manager of Internal Audit, with input from the Committee Chair. Absences If a Committee member is absent for three consecutive meetings, they have forfeited their membership unless their absence is justifiable. Conflict of Interest All members of the Committee must abide by the Municipal Conflict of Interest Act. These Terms of Reference will be reviewed by the Committee at the beginning of each term of Council. Last updated: July 14, 2020 Page 48 Newcastle BIA MINUTES September 10, 2020
 www.villageofnewcastle.ca Attendance: Marni Lewis, Leslie Ray, Theresa Vanhaverbeke, Jane Black Regrets: Greg Lewis, Helen Vatandoust, Granville Anderson, Janeen Calder, Donna Wood 1.Meeting called to order at 10:09 a.m. 2.Approval of July Minutes:
 Leslie Ray Seconded by: Marni Lewis 3. Business Arising from Minutes: n/a 4. Council Report: n/a 5. President’s Report: n/a 6. Treasurer’s Report: Our current bank balance is $41,461. Expenses to come out are advertising, the holiday planter boxes, snow removal contract, Town Hall Lighting expense. We have raised money from the Newcastle Proud t-shirts sales. These funds will be split between the Harvest Festival, Santa Parade and Town Hall Lighting future events. We will contact Hunters Sports to see how we get that money sent to us. WE ARE IN NEED OF A NEW TREASURER FOR January 2021. If you know of anyone that would be interested please let me know. Thank you to Leslie Ray for volunteering your time to the BIA over the past 3 years. 7. Committee Reports: Safety & Decor: We are looking for someone to help with the holiday planters. Jane Black has the birch trees and balls decor pieces in the storage unit. We will need new banners for 2021, as the current ones are quite worn. Marni will contact Bowmanville BIA to see where they got their street lamp holiday wreaths/ lights. Advertising: Facebook likes for the last 28 days – August > 1726 – last month 1712 – up 14 Post reach for June > 5731
 Post engagements > 2318 Page 49 Top Posts NEWCASTLE GEAR IS HERE!!!> reach of 904 > engagements of > 32 #Repost @newcastleart_ • • • • • • A Gift of Art We have a lot of amazing gift ideas for everyone you love. Visit our Patio Art Show and support our local artists. > reach of 1.2K > engagement of 8 Do you know where the Royal Oak tree is in Newcastle? .... it came all > reach of 2.7K > engagement of 62 #Repost @newcastlehomedecor • • • • • • Newcastle Home Decor These gorgeous vinyl mats arrived the other day. Ranging in sizes, starting at 44.95. > reach of 556 and > engagement of 11 This never gets old... have a safe and happy Labour Day Weekend... from the Village of Newcastle BIA!!> reach of 2.5K and > engagement of 123 Shirt Sales – Newcastle Gear To date we have 32 orders with a profit of $530 Special Events: a) Town Hall Lighting - There is money in the 2020 budget to light the Town Hall this Holiday season. b) Breakfast with Santa- cancelled c) Santa Parade - the committee is meeting and discussing alternative options for the parade this year. They should have a decision in the next month. d) Harvest Festival -RONA will be having a harvest drive by parade this year 8. CBOT: Digital Main Street Project- A Durham College student (Tyler Simpson) will be in the Newcastle area visiting businesses. Please take the time to invite our DSS member into your business to learn how they can help you take your business digital and increase your productivity with various tools and technologies. We are offering this FREE service to you as a valued Clarington main street small business. We are continuing to focus on outreach to the business community and collaborating with the BIAs across Durham. Page 50 9. Chamber News: The Chamber is trying to plan for 2021 events but is waiting to see what happens over the next few months. 10. CIP: The Municipality has grants for businesses to apply for any modifications made to your business due to Covid. Please see the link for more information and see if you qualify. https://www.clarington.net/en/town-hall/resources/COVID-19-CIP-Grant-Pre-Application- Form.pdf 11. New Business: n/a 12. Next meeting, October 8th, 2020 at 10:00am IN PERSON AT THE TOWN HALL 13. Motion to adjourn meeting by Theresa Vanhaverbeke seconded by Jane Black Page 51 Page 52 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2097. The Regional Municipality of Durham Minutes Special Energy From Waste – Waste Management Advisory Committee Wednesday, July 15, 2020 A special meeting of the Energy From Waste – Waste Management Advisory Committee was held on Wednesday, July 15, 2020 in Council Chambers, Regional Headquarters, 605 Rossland Road East, Whitby, at 7:00 PM. Electronic participation was permitted for this meeting. 1. Roll Call Present: G. Rocoski, Oshawa, Chair W. Bracken, Clarington A. Burrows, Ajax S. Elhajjeh, Clarington, Vice-Chair T. Farrell, Brock K. Meydam, Clarington *all members of the committee except G. Rocoski participated electronically Absent: W. Basztyk, Brock C. McLean, Ajax H. Sukhu, Clarington Non-Voting Members Present: A. Burke, Senior Planner, Special Projects, Municipality of Clarington Councillor Janice Jones, Local Councillor, Municipality of Clarington M. Neild, Facility Manager, Covanta D. San Juan, Environmental Health Specialist, Health Department, Durham Region Staff Present: G. Anello, Director, Waste Management Services A. Porteous, Supervisor, Waste Services R. Inacio, Systems Support Specialist – Information Technology L. Malyjasiak, Works Technician 3, Waste Services, Works Department S. Penak, Committee Clerk, Corporate Services – Legislative Services C. Tennisco, Committee Clerk, Corporate Services – Legislative Services R. Walton, Regional Clerk, Corporate Services – Legislative Services, attended for part of the meeting Page 53 Energy from Waste – Waste Management Advisory Committee Minutes July 15, 2020 Page 2 of 6 2. Declarations of Interest There were no declarations of interest. 3. Presentations A) Angela Porteous, Manager, Waste Services, re: Durham Region’s Long-Term Waste Management Plan Christine Rourke, Project Manager, Senior Waste Planner, HDR, Catherine Curak, Communications Coordinator, HDR, and Courtney Semmler, Waste Planner, HDR, provided a PowerPoint presentation regarding Durham Region’s Long-Term Waste Management Plan (LTWMP). A copy of the presentation was emailed to the Committee prior to the meeting. Highlights of the presentation included: Durham’s New Long-Term Waste Management Plan (LTWMP) Durham Waste Management History Waste Management Vision 2021-2040 Plan Development Timeline Guiding Principles Early Consultation Current and Future Challenges Identified by Regional and Local Staff Policy Programs Promotion and Education Vision and Objectives Next Steps C. Rourke advised that the next steps would include providing opportunities for consultation and input from regional advisory committees on vision, objectives and key considerations; engaging with the public in a virtual open house; and developing an outline of the LTWMP that incorporates input from consultation to present to Council for endorsement. Detailed discussion ensued. Concerns were raised regarding the lack of detailed waste tonnage, project cost and municipal benchmarking information posted directly on the LTWMP website for committee members and members of the public in order to make informed decisions and be able to provide valuable input to staff regarding Durham Region’s LTWMP. Note: requested materials from committee are publicly available on durham.ca. It was requested that all relevant information be posted to the Region’s LTWMP website. Further Page 54 Energy from Waste – Waste Management Advisory Committee Minutes July 15, 2020 Page 3 of 6 concern was raised regarding Regional Council approving the LTWMP in January 2019 and that other major waste management infrastructure projects continue forward outside of the LTWMP. In response to a question from the Committee regarding the plan development timeline, A. Porteous advised that staff will be coming back near the end of the year with a draft framework of the Waste Plan and 5-Year Action Plan outline to present to Council. In response to concerns expressed by the Committee, G. Anello suggested that links to the requested information could be provided on the project website instead of duplicating information from other waste management websites where information requested from the Committee is already posted. The Committee suggested that if links were used, that a summary of each website be posted alongside the link. G. Anello also advised that there are several staff reports that summarize the requested information that could be posted to the website such as a report that discusses future waste projections and the annual waste report for committee and members of the public. Moved by W. Bracken, Seconded by K. Meydam, A) That the EFW-WMAC request that staff review Durham Region’s long-term waste management website to ensure all necessary and appropriate information, including but not limited to: Durham’s current waste programs; what work is being proposed; any financial costs associated with the project; current and past tonnage data, as well as future projections; and, any related staff reports is posted and available to the public, and where possible links to the external websites with a summary; and B) That the Works Committee be informed of the EFW- WMAC request of staff. CARRIED C. Rourke and C. Curak responded to questions from the Committee regarding whether there are statistics that state where in Durham residents live when answering the survey; what topics would be discussed during the virtual public open-houses; whether the information being provided will be offered in multiple languages; and how are the changes in the garbage stream being considered in the future (i.e. increase in waste from online orders during the pandemic, disposal of smart phones, and Keurig cups). Additional comments from the Committee to the HDR Consultants included: Page 55 Energy from Waste – Waste Management Advisory Committee Minutes July 15, 2020 Page 4 of 6 That the anaerobic digestion project be included in the LTWMP, as well as the requested increase in the capacity at the Durham York Energy Centre That more user-friendly information should be made available to committees and the public for better understanding of the process That a survey be made available for the public to complete as a good compliment for feedback as an in-person group gathering may not feasible this fall Using Durham Region’s Twitter feed to promote the LTWMP In response to a question regarding the anaerobic digestion project, G. Anello advised that the final business case will be completed once results are received from the Request for Proposal (RFP). He advised that there are several components of the anaerobic digestion and the energy from waste facility will be included in the plan such as what the future Green Bin composition will be, public education and potential future diversion programs that could have impacts on capacity at the energy from waste facility. At the request of the Committee, G. Anello advised that he would provide the Committee with a list of mixed-waste pre-sort facilities that had been visited and links to their websites showing their process and the facilities that have used the technology successfully. He also advised that GHD Ltd. presented to the Works committee with regards to mixed waste pre-sort, and the facilities that were operational, and that GHD Ltd. performed audits on these facilities. G. Anello advised that there will be two deliverables in the LTWMP: the 20 year Waste Plan and a 5-Year Action Plans so that adjustments can be made accordingly and will break the effort into manageable pieces. Further discussion ensued regarding updating the LTWMP website with wording that public consultation will be forthcoming. A. Porteous advised that there are plans to update the website with messaging when the public platform is ready and functioning . She also explained the strategic plan consultation process that occurred recently and the YourVoiceDurham website that was available for members of the public to provide their input. Moved by K. Meydam, Seconded by W. Bracken, A) That the EFW-WMAC request an opportunity for the public to comment on Durham Region’s guiding principles and primary goals, and how they are consistent with provincial priorities; and B) That the Works Committee be informed of the EFW- WMAC request. Page 56 Energy from Waste – Waste Management Advisory Committee Minutes July 15, 2020 Page 5 of 6 CARRIED Moved by W. Bracken, Seconded by K. Meydem, That we recommend to the Works Committee for approval and subsequent recommendation to Regional Council: That the EFW-WMAC recommends that there be town hall meetings where the public can provide comments and ask questions of Durham Regional waste staff, and that it include at least one real time question and answer period on the Long-Term Waste Management Plan (LTWMP); and that the town hall meetings occur prior to the Plan outline being developed and presented to the Works Committee and Regional Council. CARRIED G. Anello advised that hosting more town hall meetings would be an amendment to the contract with HDR Ltd., which would require a budget increase. He advised that there is already a consultation plan in place that has been approved and is being followed. In response to a question from the Committee he further advised that the contract with HDR Ltd. was approved during the procurement process. C. Curak, Communications Coordinator, HDR, advised that as part of this process after the consultation with staff and local municipalities, they would then go to the public and host pop up kiosks when safe to do so. She stated that community centres or open houses were scheduled for consultation sessions but were put on pause because of COVID-19. As a result, for 2020 online public consultation will occur instead. A. Porteous requested that the Committee provide feedback through a survey with regards to key issues and considerations to the LTWMP. The link to the survey was provided to Committee members subsequent to the meeting. 4. Correspondence A) Email Correspondence from Linda Gasser, Whitby Resident, dated July 14, 2020, re: Durham Region’s Long-Term Waste Management Plan Moved by S. Elhajjeh, Seconded by W. Bracken, That email correspondence dated July 14, 2020, from Linda Gasser, regarding Durham Region’s Long-Term Waste Management Plan, be received for information. CARRIED Page 57 Energy from Waste – Waste Management Advisory Committee Minutes July 15, 2020 Page 6 of 6 5. Next Meeting The next regularly scheduled meeting of the EFW-WMAC will be held on Tuesday, September 22, 2020 in the Lower Level Boardroom (LL- C), at 7:00 PM, Regional Headquarters, 605 Rossland Road East, Whitby. 6. Adjournment Moved by W. Bracken, Seconded by K. Meydam, That the meeting be adjourned. CARRIED The meeting adjourned at 9:50 PM. G. Rocoski, Chair, Energy from Waste – Waste Management Advisory Committee S. Penak, Committee Clerk Page 58 September 17, 2020 The Corporation of the Town of Ajax 65 Harwood Ave S. Ajax, ON L1S 2H9 Attention: Mr. Shane Baker Chief Administrative Officer shane.baker@ajax.ca The Corporation of the City of Belleville 169 Front St Belleville, ON K8N 2Y8 Attention: Mr. Rod Bovay Chief Administrative Officer rbovay@city.belleville.on.ca The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mr. Andy Allison Chief Administrative Officer aallison@clarington.net The Corporation of the City of Pickering 1 The Esplanade S Pickering, ON L1V 6K7 Attention: Ms. Marisa Carpino Interim Chief Administrative Officer mcarpino@pickering.ca The Corporation of the Town of Whitby 575 Rossland Road East, Whitby, ON L1N 2M8 Attention: Mr. Matt Gaskell Chief Administrative Officer gaskellm@whitby.ca (collectively, the “Municipal Shareholders”) Regarding: Elexicon Corporation Dividend Payment I am writing in follow-up to my earlier correspondence advising you of Elexicon Corporation’s Board of Directors’ deferrals of decisions in respect to the payment of the First and Second Quarter Advance Payments. I am pleased to advise that the Board of Directors approved the payment of the First Quarter Advance of the Shareholder Dividends for 2020 totalling $2,827,500 million at its meeting on September 17, 2020. The Board also decided to defer decisions with respect to the payment of the Second Quarter Advance and the Third Quarter Advance until its December 17, 2020 Board meeting. The Board took these decisions only after substantial discussion and deliberation and they are consistent with the requirement in our Dividend Policy to consider current and future year financial positions. Page 59 The Board’s decisions remain rooted in the continued uncertainty with respect to Elexicon Energy’s 2020 and 2021 financial position due to the COVID19 pandemic. While the impacts of COVID19 on Elexicon Energy’s revenues remain modest to date, the Boards of Elexicon Corporation and Elexicon Energy are of the view that paying the First Quarter Advance while deferring decisions with respect to the Second and Third Quarter Advances is prudent. Elexicon Energy is required by the Independent Electricity System Operator (IESO) Market Rules to compensate the IESO for all energy and related costs incurred by its customers whether Elexicon Energy is able or unable to recover all the costs. In normal circumstances, there is not a significant difference between the amount Elexicon Energy recovers from customers and forwards to the IESO. These remain far from normal times and the potential for the difference to become significant remains. The Ontario Energy Board (OEB) has undertaken its consultation in respect to Local Distribution Companies recovering their COVID19 related costs and is expected to issue guidance in December 2020. The Board will also be reviewing the Corporation’s 5-year business plan at its December 17th meeting. The Office of Elexicon’s Board Secretary is in the process of arranging a Shareholders Meeting in later December to review the plan with you – assuming it is approved by the Board. Given the OEB guidance is only expected to be received in December, the plan will be based on Elexicon Energy’s Management’s assumptions on what the guidance may be. Depending on the guidance received, the plan could require significant revision. Kind Regards, D. Patrick McNeil Chair – Board of Directors Elexicon Corporation Cc: Directors – Elexicon Corporation Chair – Audit, Finance & Risk Management Committee – Elexicon Corporation Chair – Board of Directors and President & CEO of Elexicon Energy Chair – Board of Directors and Interim President & CEO of Elexicon Group Chief Financial Officer – Elexicon Corporation Page 60 Page 61 Page 62 September 21, 2020 His Worship Adrian Foster Mayor Municipality of Clarington mayor@clarington.net Dear Mayor Foster: The Prime Minister’s Office has forwarded to me a copy of your correspondence of June 18, 2020, about supporting the green economy of municipalities. This is an unprecedented time as the world tries to contain the COVID-19 pandemic and limit its human and economic impacts. All levels of government are working together regardless of political stripes to ensure all Canadians have the vital protection and support they need when they need it and where they need it. Our government’s first priority is the health of Canadians. At the same time, climate change remains one of the most significant global issues. We realize that combating climate change will require significant government leadership. This is why the federal, provincial, and territorial governments adopted the Pan-Canadian Framework on Clean Growth and Climate Change, which outlines how Canada will meet its target of reducing our country’s emissions by 30 per cent from 2005 levels by 2030. To date, the Government of Canada has also committed about $60 billion to reduce emissions, adapt to a changing climate, and support clean technology innovation and the transition to a clean growth economy. My department, Natural Resources Canada, has committed a number of significant investments in recent years in initiatives to combat climate change. Many of these investments align with the actions that you suggested in your letter. These investments include:  $200 million to support the deployment of emerging renewable energy technology;  $220 million to support the development of renewable energy in rural and remote communities;  $155 million to support the research, demonstration, and deployment of clean technology in Canada’s natural resource sectors;  $100 million to support smart grids, storage, and clean electricity technology;  $182.5 million to support the development of buildings that are more energy efficient; Page 63 - 2 -  $312.5 million to support the demonstration and deployment of zero-emission and electric vehicles, and alternative fuel infrastructure;  Making zero-emission vehicles eligible for a full tax write-off for businesses; and  Providing $950 million, in partnership with the Federation of Canadian Municipalities, to help owners increase the energy efficiency of their homes and buildings and support on-site energy generation, and help thousands of Canadians reduce their energy costs. On the important matter of improving the energy efficiency of homes and buildings, our government recognizes that energy efficiency will play a key role in responding to the economic impact of COVID-19, and looks forward to continuing to work collaboratively with stakeholders to identify key opportunities to move towards a low-carbon building sector while supporting economic recovery through initiatives such as support for home and building retrofits and skills training in energy efficiency. To this end, we are working to develop a strategy to implement our mandate commitments to make energy-efficient homes more affordable, help lower monthly energy bills for Canadians, create jobs , and reduce greenhouse gas emissions in order to meet Canada’s 2030 emissions reduction targets and to be net-zero by 2050. These actions will build on existing programming such as Natural Resources Canada’s Smart Grid Program, which recently helped deploy a municipally-owned, $44 million, 12 MW solar photovoltaic facility with 4 MW/9 MWh integrated battery energy storage systems and an intelligent distributed energy resource management system in Edmonton, Alberta. Additionally, the Energy Innovation Program recently invested in a $3.8-million wind turbine project in Toronto, Ontario, aimed at demonstrating the potential of a new PowerCone® technology in increasing energy production while reducing load and acoustic impacts of wind turbines. We also remain steadfast in our conviction to decarbonize Canada’s transportation sector. My department’s Zero Emission Vehicle Infrastructure Program, for example, is to support the deployment of localized electric and alternative fuel charging infrastructure for passenger vehicles and electric or hydrogen charging infrastructure for commercial transit vehicles. We will launch a request for proposals for these special projects in winter 2021. Programs such as the Green Infrastructure – Electric Vehicle Infrastructure Demonstration, recently announced the launch of three projects, cumulatively valued at over $32 million, with the City of Brampton, Newmarket Tay Power, and British Columbia’s Translink agency under the Pan-Canadian Electric Bus Demonstration and Integration Trial. These projects will show how different overhead bus chargers and electric buses from various manufacturers can be installed and operate together to support the deployment and use of electric buses in transit fleets. Page 64 - 3 - Regarding fossil fuel subsidies, so far, the federal government has phased out eight inefficient subsidies, including changes to favourable capital cost allowances and restricting the types of costs that are tax-deductible. Canada is on track to meet its targets as a signatory to the G20 commitment to phase out inefficient fossil fuel subsidies by 2025. You also mentioned the importance of supporting Canada’s forest sector and natural habitats. Forests provide a wide range of economic, social, and environmental benefits for Canadians and the communities they live in. Our government is committed to working with all orders of government, Indigenous Peoples, industry, and stakeholders to deliver on our commitment to using nature-based solutions to fight climate change and conserve and restore natural areas, including the planting of two billion trees. This commitment will create jobs, improve the sustainability of the forest sector, and increase forest and community resilience to climate change through increased carbon sequestration. Natural Resources Canada has a suite of forest sector programs, which serve to accelerate Canada’s forest bioeconomy framework and reduce carbon emissions, positioning Canada as an emerging leader in the world’s circular economy. For example, our programs support the transformation of forest biomass residue into higher-value long-lived bioproducts and develop innovative wood-based substitutions in place of emissions-intensive products. Together, these actions will help Canada meet its 2030 greenhouse gas emissions reduction goal, and will make an even greater contribution to achieving net-zero emissions by 2050. I appreciate the time you took to provide us with your thoughts on accelerating the low-carbon transition. As my department continues to develop and implement policies to support the transition, we will refer to your thoughtful recommendations. I trust that you remain safe and healthy. Yours sincerely, The Honourable Seamus O’Regan, P.C., M.P. Page 65 September 24, 2020 Prime Minister Trudeau Office of the Prime Minister 80 Wellington Street Ottawa, Ontario K1A 0A2 RE: Municipal Challenges Regarding On-Line Home-Sharing Platforms Please be advised that City Council at a meeting held on May 25, 2020 considered Report CNCL-20-59 dealing with a Proposed Short-Term Rental Licensing System for the City of Oshawa and adopted the following resolution: 1. That Licensing By-law 120-2005, as amended, and General Fees and Charges Bylaw 13-2003, as amended, be further amended in a form and content acceptable to the Commissioner of Corporate Services and Legal Services to: a. Establish standards as detailed in Report CNCL-20-59 “Proposed Short Term Rental Licensing System”, dated May 20, 2020, and Attachment 1, to license Short-Term Rental Operators; b. In relation to the proposed licensing system, limit the number of rooms rented at any time to two (2) when renting by the room; and, c. In relation to the proposed licensing system, limit the room occupancy to no more than two (2) people per room when renting by the room. 2. That references to the General Regulatory Objectives of health and safety, consumer protection, nuisance control, and impact on housing and rental supplies be included where appropriate in future Short-Term Rental reports; 3. That Council approve the enforcement approach outlined in Section 5.3 of Report CNCL-20-59 “Proposed Short-Term Rental Licensing System”, dated May 20, 2020; OSHAWA ONTARIO, CANADA MAYOR DAN CARTER OFFICE OF THE MAYOR CITY OF OSHAWA 50 CENTRE STREET SOUTH OSHAWA, ONTARIO L1H 3Z7 TELEPHONE (905) 436-5611 FAX (905) 436-5642 E-MAIL: mayor@oshawa.ca Page 66 2 4. That staff be directed to investigate entering into Memorandums of Understanding with participating Short-Term Rental Companies that facilitate the booking of S.T.R.s located in the City of Oshawa and report back to the Corporate Services Committee; 5. That the Mayor be directed on behalf of Council to send a letter to the provincial and federal governments urging them to continue to seek multi- level solutions to the accountability challenges for municipalities when dealing with online home-sharing platforms. In accordance with Part 5 of the above noted resolution, this correspondence, outlining municipal challenges regarding online home-sharing platforms, has been sent to your attention to urge that the Federal Government participate in the development of multi-level solutions to these challenges. The sharing economy, specifically home-sharing, is impacting municipalities both large and small across Canada. Home-sharing, which is one of the fastest growing sectors of the sharing economy, is generally understood to refer to individuals renting out their residence, or part of their residence, for short periods of time through internet-based platforms such as Airbnb, HomeAway and VRBO (the latter two owned by the Expedia Group). Home-sharing has both positive and negative impacts for municipalities. The Province, Ontario’s Big City Mayors, the Association of Municipalities of Ontario and other policy institutions have documented these impacts. The Federation of Canadian Municipalities will also be releasing a toolkit this fall. Municipal governments are a responsible and accountable level of government but are not necessarily in the best position to address matters associated with home-sharing. For example, there are limitations to the powers municipalities have to regulate certain aspects of home-sharing platforms and owner/operators. Home-sharing, what the City of Oshawa refers to as short-term rentals, has the following implications for municipalities: There is an increased need for municipal, including police, enforcement in response to local complaints. In some cases, increased traffic, loud parties, fights, assaults or criminal offences are taking place. Short-term rentals that pose adverse impacts on residents and businesses challenge police and municipal enforcement tools and capacity. Licensing is a way municipalities gather information about business operations to monitor and protect residents and measure impact, however, complications arise when licensing short-term rental accommodation platforms. Platforms like Airbnb reside outside of Canada leaving municipalities with no effective recourse if there is non-compliance with local licensing regulations. Memorandums of Understanding are being used by some municipalities but have limitations as they rely on the good will of the platform. A licensing system also taxes local capacity and, as Page 67 3 Oshawa cannot count on the assistance of platforms, a third-party compliance monitoring service will be needed. There is an administrative burden and associated cost of enforcement and licensing. Municipal governments need to ensure the costs of administration are covered without establishing a burdensome licensing fee that may discourage compliance with municipal licensing systems. Reliable data is key to effectively regulate, monitor and assess the impacts of home-sharing platforms. It is also essential for informed public policy. While platforms indicate that they support the concept of data sharing, in practice, concerns have emerged about their compliance and transparency. As a result, collecting and maintaining records, involving privacy and regular information sharing, becomes complicated. Home-sharing has the potential to negatively impact the availability of long-term rental housing and housing affordability specifically in instances where home-sharing is undertaken in properties that are not an individual’s principal residence. This would effectively reduce the number of places for people to live, which poses a challenge for municipal governments to plan for and respond to the housing needs of their residents. The impacts of economic activity outside of regular, tax-paying businesses on a municipal tax base have not been quantified. We do not know where the sharing economy, and home-sharing, in particular, are going. What we do know, and the Federation of Canadian Municipalities has confirmed, is that the impact of home-sharing on its Canadian municipal members is significant. Home-sharing creates new opportunities for economic participation by residents but to ensure the widest benefit, municipal government action must balance regulation and free market operation appropriately. Municipalities prefer the ability to develop locally-tailored solutions but in the case of home-sharing this is resulting in different approaches, different requirements for platforms and as a result, different outcomes. On one hand, this may make it complicated for platforms operating across numerous jurisdictions to comply with individual local regulations, but at the same time easier for them to stay within the grey zone and not be held accountable. In order for the City to continue to promote the best outcomes for residents by protecting consumers, controlling nuisances, and ensuring adequate rental supplies and housing affordability, the City requests that the Federal government consider how it can contribute to multi-level solutions to the challenges faced by municipalities from online home-sharing platforms. For your consideration, this could include: Page 68 4 Further research regarding municipal challenges and responses, platform accountability and gaps in regulation, perhaps in collaboration with the Federation of Canadian Municipalities. This should include further research on out-of-province/country platform regulation. Studies indicate that not enough research has been conducted on the overall impacts of the sharing economy, and this is especially true for mid-sized cities and smaller towns. The more data municipalities can draw on to better understand the impacts of sharing initiatives the better they can develop an appropriate local response. Legislative and regulatory changes that provide consistency across Canada, for example, in terms of information sharing or platform disclosure requirements and tools to hold off-shore companies to account. Additional education to help sharing economy platforms and users (owners/operators and customers) understand their rights and obligations. Thank you for your time and consideration. I would be pleased to answer any questions you may have. Sincerely, Mayor Dan Carter cc. Hon. Omar Alghabra, Parliamentary Secretary to the Prime Minister Steven Guilbeault, Minister of Cultural Heritage Hon. Bill Morneau, Minister of Finance Colin Carrie, MP Erin O’Toole, MP Chair Henry, Region of Durham Durham Area Municipalities (Clerks) Bill Karsten, President, Federation of Canadian Municipalities Page 69 MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 As requested by Council at the September 14, 2020 Joint Committee meeting, staff provide the following summary of the costs for whistle cessation for the communities of Belleville and Markham. On September 22, Councillor Traill also requested that staff follow-up with the City of Oshawa for information on their whistle cessation projects. City of Belleville City of Belleville staff confirmed they have not implemented whistle cessation at their level railway crossings. City of Markham The City of Markham (Markham) partnered with the Region of York and Metrolinx to complete whistle cessation for Markham. A summary report from Markham staff is attached detailing the project, including issues they had with extensive schedule delays and cost overruns. This project involved 13 level crossings, seven on Markham’s roads and six on York Region’s roads. Initial costs for the work were tendered at $6.2M and final overall costs totaled $7.2M. The original schedule for all works was 95 days and the final schedule was 500 days. Based on final numbers, the average cost per crossing improvement was just over $550,000 and required 38 days to complete . The scope of work at each crossing was outlined in detailed assessment reports noting the improvements required by Transport Canada to allow for the whistle cessation by-law to be passed. The attached staff report provides a thorough outline of the challenges encountered that resulted in the budget overruns and schedule delays. In discussing some of the specifics related to the funding of Markham’s share of the works, Markham staff provided the following: • The portion of the costs required from Markham was funded from Operating and Life Cycle Reserves. To: Mayor and Members of Council From: Ron Albright, P.Eng., Manager of Infrastructure Date: September 25, 2020 Subject: Whistle Cessation Background for Belleville and Markham File: RR.60.42 Page 70 MEMO • Markham was not able to fund this project from DC’s as the existing roads had been fully urbanized (i.e. existing boulevard and sidewalks). • The project was eligible for funding from Transport Canada’s Rail Safety Improvements Program. Markham applied for their share of the costs and were not successful in receiving funding. However, the Region of York were successful in getting funding from Transport Canada for their share. City of Oshawa As the whistle cessation information for the City of Oshawa (Oshawa) is quite old, it was not readily available and we are awaiting information from Oshawa staff on this matter. It is important to note that at the time Oshawa implemented whistle cessation, the safety standards where quite different and the level of improvement necessary to implement a whistle cessation by-law would have been much less onerous than they are today. Should you have any questions regarding this matter, please feel free to contact me. Regards, ________________________ Ron Albright, P.Eng. Manager of Infrastructure, Public Works Department RA/kb cc: Department Heads Page 71 Report to: Council Meeting Meeting Date: April 28, 2020 SUBJECT: Whistle Cessation (Packages 1, 2 and 3) – Project and Financial Update (Wards 3, 4, 5 & 8) PREPARED BY: Alain Cachola, Senior Manager, Infrastructure and Capital Projects, Ext. 2711 RECOMMENDATION: 1. That the Staff report entitled “Whistle Cessation (Packages 1, 2 and 3) – Project and Financial Update (Wards 3, 4, 5 & 8)”, be received; and 2. That Purchase Order PD 18118 issued to Grascan Construction Ltd., for the construction of Whistle Cessation Package 2 be increased by $877,259.88, inclusive of HST, to cover the project overrun and delay claims for the project; and 3. That Purchase Order PD 18210 issued to Grascan Construction Ltd., for the construction of Whistle Cessation Package 3 be increased by $102,194.95, inclusive of HST, to cover the delay claim for the project; and 4. That the additional Engineering Department Capital Administration Fee in the amount of $102,432.34, inclusive of HST, be approved to cover the additional effort from Staff to administer the project; and 5. That the additional project costs in the amount of $1,081,887.17 ($877,259.88 + $102,194.95 + $102,432.34) be funded from the following sources; a. Project 16053 Anti-Whistling - Stouffville GO Line ($412.60) b. Project 17038 Anti-Whistling 2017 (73,658.00) c. Regional Municipality of York ($170,094.42) d. Ramp Up Reserve ($837,722.15); and 6. That the 2017 Engineering Department Capital Account 17038 (Anti-Whistling 2017) be increased by $1,007,816.57, inclusive of HST, from $5,433,414.50 to $6,441,231.07, as identified in recommendations 5c and 5d; and 7. That Staff continue to review the final cost sharing summary of the project with Regional Municipality of York, and if required, the CAO be authorized to approve the final project cost; and 8. That the Regional Municipality of York be requested to pay its share of the project overrun and delay claim in the amount of $170,094.42; and further, 9. That Staff be authorized and directed to do all things necessary to give effect to this resolution; EXECUTIVE SUMMARY: The whistle cessation project is a joint project between the City of Markham, the Regional Municipality of York (“York Region”) and Metrolinx. In September 2015, Markham Council authorized Staff to initiate the implementation of whistle cessation at 13 crossing locations along the Stouffville GO Line. Since that time, staff has reported at least nine (9) times between 2015 to 2018 to Development Services Committee and Council on budget, project progress and various challenges, authority to enter into MOU Page 72 Report to: Council Meeting Meeting Date: April 28, 2020 Page 2 and agreements, passing the whistle cessation bylaw, etc. Most of these meetings were attended by the public and deputations were made. The studies which identified the safety measures required for whistle cessation implementation were completed in 2016 and the detailed design commenced thereafter. The project was split into three (3) construction contracts, as identified further in this report, with the construction work commencing in November 2017, and concluding in September 2019. Whistle cessation was implemented as follows: (September 2018 – 7 locations, November 2019 – 4 locations and February 2020 – 2 locations). There were a number of challenges encountered during the construction of the project (i.e. work plan approvals, flagging availability, coordination with other Metrolinx projects, etc.) which resulted in delays. In addition, extra effort was required by all parties involved to navigate issues and challenges and deliver the project. As a result of the delays and challenges, additional effort was required from City Staff, consultants, contractors and Metrolinx. The details of the issues and challenges encountered during the project are discussed further in this report. This report identifies the additional efforts and associated costs required to complete the project. Staff request that the project budget be increased by $1,007,816.57, for the additional costs associated with the whistle cessation project. PURPOSE: The purpose of this report is to obtain Council authority to:  Increase the PO PD 18118 for Grascan Construction Ltd., for the construction of Whistle Cessation Package 2 in the amount of $877,259.88, inclusive of HST, to cover the project overrun and delay claims for the project  Increase the PO PD 18210 for Grascan Construction Ltd., for the construction of Whistle Cessation Package 3 in the amount of $102,194.95, inclusive of HST, to cover the delay claims for the project  Approve the additional Engineering Department Capital Administration Fee in the amount of $102,432.34, to cover the additional effort from Staff to administer the project  Increase the 2017 Engineering Department Capital Account 17038 (Anti-Whistling 2017) in the amount of $1,007,816.57, inclusive of HST, for the additional costs associated with the whistle cessation project, and to be funded from the following accounts / reserves: o Regional Municipality of York ($170,094.42) o Ramp Up Reserve ($837,722.15) Page 73 Report to: Council Meeting Meeting Date: April 28, 2020 Page 3 BACKGROUND: On September 28, 2015, Council passed a resolution to provide safety measures to implement train whistle cessation along the Uxbridge Subdivision (Stouffville GO Line) for 13 crossings within the urbanized part of Markham. These 13 crossing locations are listed below. Of these 13 crossings, 6 crossings are under the jurisdiction of York Region. Package 1 Package 2 Package 3 Eureka Street *Hwy 7 Denison Street *Major Mackenzie Drive *McCowan Road *16th Avenue Main Street, Markham Bur Oak Avenue Castlemore Avenue *Kennedy Road (South) *Kennedy Road (North) Main Street, Unionville Snider Drive *York Region crossing locations Budget and Cost Sharing On November 21, 2016, Staff provided the updated cost estimate of the whistle cessation project to Council, as well as the following proposed cost sharing model amongst the City of Markham, York Region and Metrolinx: Organization Share of Costs City of Markham $ 2.30M York Region $ 3.80M Metrolinx $ 0.098M Total: $ 6.198M A Capital Budget was approved in 2016 (Account 16053) and in 2017 (Account 17038) to fund the proposed work. A Memorandum of Understanding (MOU) was entered into by the City of Markham, York Region and Metrolinx on January 1, 2018, which stipulates the details of the proposed work and cost share. Detailed Design and Contract Administration In June 2016, the detailed design and contract administrations services for the whistle cessation project was awarded to WSP Canada. The scope of work included the design of the whistle cessation safety infrastructure required for the 13 grade crossings, preparation of the tender documents, coordination with Metrolinx and its third party reviewer (AECOM) to ensure that all design work was completed to the satisfaction of Metrolinx (the owner of the railway corridor at the location of the crossings) and any applicable standards, and secure all permits for construction. The scope of work also included management and administration of the delivery of the whistle cessation project, which includes site inspection, design changes, coordination with all approval agencies Page 74 Report to: Council Meeting Meeting Date: April 28, 2020 Page 4 prior to and during construction, certification and preparing documentation and as- constructed drawings. Third Party Peer Reviewer As part of the detailed design exercise, Metrolinx required the City to retain a Metrolinx- approved third party peer reviewer to review the detailed design for the project. In February 2017, AECOM was retained by the City for this purpose. AECOM approved the detailed design on behalf of Metrolinx. In addition, AECOM also represented Metrolinx during the construction and implementation of the whistle cessation project. Construction was completed through Three Contracts Upon completion of the detailed design, Staff reviewed the schedule of the delivery of the proposed 13 locations. The construction work required to complete the project was divided into three (3) different contracts, as follows:  Package 1 contract was awarded to Aquatech Solutions Inc. in September 2017. The proposed work was mostly civil related which included construction of sidewalks, signage, pavement markings, and maze barriers at five (5) locations as shown in the table above.  Package 2 contract was awarded to Grascan Construction Ltd. in April 2018. The proposed work was a combination of civil works (i.e. similar to Package 1) and pedestrian gate installation at six (6) locations as shown in the table above.  Package 3 contract was awarded to Grascan Construction Ltd. in June 2018. The proposed work was a combination of civil works and pedestrian gate installation. The two (2) locations include Denison Street and 16th Avenue as shown in the table above. As part of the construction work, the contractors were required to submit work plans to Metrolinx / AECOM in order to be allowed to work within the Metrolinx right-of-way. There are stringent requirements for the work plan which resulted in multiple submissions and delays to the project. The challenges during the construction work are discussed further in this report. The governance structure of this project is shown in Attachment ‘A’. Metrolinx Flagging Requirements One of the requirements for the construction work is for the contractor to request approval for the flagging required to conduct the work within the Metrolinx right-of-way. Flagging is a specialized type of work and Metrolinx had only two (2) approved contractors who were able to provide the flagging services on the Metrolinx corridor. The costs of the flagging was only an estimate at the time of award of the contracts and the City issued payments to Metrolinx flagging based on the original schedule of work. Page 75 Report to: Council Meeting Meeting Date: April 28, 2020 Page 5 OPTIONS/ DISCUSSION: Original Project Schedule The project was designed as one project, but was divided into three (3) separate construction contracts (“Package 1”, “Package 2” and “Package 3”) to expedite the project schedule. The design for Package 1 was mostly civil work (i.e. maze barriers) and did not require pedestrian gates installation and electrical signal work. Package 2 locations were mostly for pedestrian gate works and Package 3 was for locations that require a more time to design and obtain approval from Metrolinx / AECOM. When the construction tenders were issued, the original schedule to complete the project was as follows: Table 1 – Original Project Schedule The dates as noted above were the estimated time lines identified by the consultant based on information during the time of tendering, and did not accurately reflect delays due to the project challenges and issues as described below. Project Challenges and Issues Prior to the start of construction for the project, Staff identified the following challenges associated with the delivery of the project:  Material delivery for the pedestrian signal warning gate system – the materials required by Metrolinx for the pedestrian crossings were not readily available and had to be specially ordered from specific manufacturers in the United States. These specialized orders required long lead time for ordering, manufacturing and delivery.  Design Review and Permit issuance and review process, by third party peer reviewer (AECOM) and Metrolinx, required multiple steps. For example, the approval of pedestrian signal design took over 4 months to finalize due to stringent requirements from Metrolinx and its third party peer reviewer. There were a number of requirements that had to be reviewed and resubmitted to ensure that the design was compliant to Metrolinx’s requirements.  To further delay matters, flagging was limited due to other Metrolinx priorities on their projects. In addition, during the construction of the three (3) packages, Metrolinx had a number of major project improvements within the Stouffville GO Line (i.e. Steeles Grade Separation, Double Tracking work, Track Improvements, Station Improvements, etc.) which lead to delays. Metrolinx was also expanding Project Name Original Schedule Package 1 40 days Package 2 40 days Package 3 15 Days Page 76 Report to: Council Meeting Meeting Date: April 28, 2020 Page 6 the rail system throughout its network and Metrolinx capital projects including any emergencies, had priority for flagging over all other projects. Flagging is booked on a weekly basis and any cancellation of flagging is a delay for at least one to two weeks. On several occasions, flagging was confirmed for the whistle cessation project, but was cancelled at the last minute to support other Metrolinx projects.  Service change from Metrolinx (i.e. frequenc y of trains) increased during the timeframe of this project, including the introduction of weekend services. As result of the additional service levels, some of the works required for the whistle cessation had to be carried out during limited night-time hours (12am to 5am) as required by Metrolinx. This created delays and extra time to complete the project.  Inclement weather during construction also meant that contractor was not able to complete the work in a timely manner. In addition, due to these delays, some of the works had to be completed during the winter months in order to deliver the project. Completing the work during the winter months provided its own challenges (i.e. reduced daylight, climate and personal protection, etc.) which resulted in additional costs.  Design related issues also resulted in delays for the project. As-built information for existing electrical signal system control boxes (bungalows) were found to be different than what was constructed. The discrepancies were not revealed until the construction had commenced, which resulted in the contractor being delayed, while the consultant and Metrolinx confirmed the as-built information. As a result, the re- design, review and approval processed had to be repeated. There were also a number of new design requirements / clarifications, change of materials from Metrolinx and their third party reviewer during the construction which resulted in further delays.  Implementation requirements from Metrolinx, especially at locations with pedestrian crossings, were delayed due to requirements from Metrolinx and their third party reviewer. A number of inspections and modifications were required to be completed to ensure that all safety requirements were confirmed prior to implementation of whistle cessation. During the construction period, the above challenges required substantial time and effort from Staff, consultant and contractor to address these issues. The original schedules and timelines as identified above were no longer valid as result of these challenges. The actual dates required to complete the project are as follows: Table 2 – Actual Project Duration Project Name Original Schedule Actual Days Package 1 40 days 200 days Package 2 40 days 240 days Package 3 15 days 60 days Page 77 Report to: Council Meeting Meeting Date: April 28, 2020 Page 7 Metrolinx Flagging Costs As a part of the Metrolinx approval process, the City was required to issue payment to Metrolinx, prior to start of the work, to cover the anticipated flagging costs for the project. The amount issued to Metrolinx was based on the original construction schedule for each project, as estimated by the consultant. All three packages substantially exceeded the original estimated days for construction as noted above. Staff has reviewed and validated the submitted dates for the flagging, and the flagging costs as shown in the Table 5 are accurate. Consultant Fees (Design / Contract Administration and Third Party Peer Review) The original scope of work for the design consultant (WSP) was to complete the detailed design and administer the construction contract of the whistle cessation project. The cost increase in the consultant fees are due to multiple design submissions to Metrolinx / AECOM, and due to more time and effort required in administering the contract as well as the inspections required for the work. The original scope of work for the third party peer reviewer (AECOM) was to review and approve the original design, on behalf of Metrolinx. During the design review, approval and construction processes, a number of changes were required to the original design which resulted in additional review and approval time by AECOM. Staff has reviewed the additional AECOM and WSP consultant fees and have confirmed that the additional fees are reasonable and proper supporting documentation has been provided. Package 1 – Construction This contract was originally scheduled to be completed in 40 working days, as originally estimated by the consultant. However, due to the challenges as noted above, particularly with the work permit approval and flagging availability challenges of Metrolinx, the project was delayed and the work took 200 days to complete. Package 1 work was completed in September 2018, and whistle cessation was implemented at the following crossing locations on September 24, 2018:  Eureka Street  Major Mackenzie Drive Page 78 Report to: Council Meeting Meeting Date: April 28, 2020 Page 8  Main Street Markham  Castlemore Avenue  Kennedy Road north Package 2 – Construction This contract was originally scheduled to be completed in 40 days, as originally estimated by the consultant. However, due to the challenges as noted above, particularly with the work permit approval and flagging availability, the project was delayed and the work took 240 days to complete. One of the major delays was the inspections and approvals required from Metrolinx and their third party peer reviewer to implement whistle cessation on crossings that have pedestrian gate signals. A number of technical requirements were required to be clarified prior to whistle cessation being approved at these locations. Package 2 work was completed in July 2019. The whistle cessation was implemented at the following locations / dates:  Main Street Unionville (September 24, 2018)  Snider Drive (September 24, 2018)  Kennedy Road South (November 11, 2019)  Highway 7 (November 11, 2019)  Bur Oak Avenue (February 20, 2020)  McCowan Road (February 24, 2020) Package 3 – Construction This contract was originally scheduled to be completed in 15 days, as originally estimated by the consultant. However, due to the challenges noted above, the project was delayed and took 60 days to complete. Package 3 works were completed in September 2019. The whistle cessation was implemented at the following locations on November 11, 2019:  Denison Avenue  16th Avenue Contract Overruns and Delay Claims As result of the delays in the project, the contractor (Grascan) for Package 2 and 3 projects submitted contract overruns and delay claims. The contractor completed the work and ensured that all requirements from Metrolinx and its third party peer reviewer were addressed. Staff has negotiated with the contractor on these claims and the recommended amounts as shown on Table 5 are the result, and proper supporting documentation has been provided. Page 79 Report to: Council Meeting Meeting Date: April 28, 2020 Page 9 FINANCIAL CONSIDERATION Original Project Award Cost The original award for the 3 packages was $4,177,636.23. The following table shows the award amounts broken down by the three (3) construction packages and assessment of costs by organization: Table 3 – Award Costs and Cost Share Summary Description Markham York Region Metrolinx *Award Amount a b c d=a+b+c Package 1 $ 774,982.47 $ 394,307.46 $ 1,300.00 $ 1,170,589.93 Package 2 $ 574,944.20 $ 1,500,804.65 $ 28,898.45 $ 2,104,647.30 Package 3 $ 776,254.94 $ 112,046.42 $ 14,097.64 $ 902,399.00 Total: $ 2,126,181.61 $ 2,007,158.54 $ 44,296.09 *$ 4,177,636.23 *Award amount includes all costs for the project, including but not limited to, construction, detailed design and contract administration, peer review fees, flagging costs, capital admin istration fees, HST, etc. Engineering staff prepared a cost summary and identified all of the cost overruns for the project. Total final costs is $7,239,776.65 (see Table 4), which is $3,062,140.42 higher than the original award cost of $4,177,636.23. These cost overrun have been reviewed and negotiated by Engineering staff and the consultants / Metrolinx / contractors. The amounts shown below represents the final negotiated amounts and assessment to each organization. Table 4 – Final Negotiated Costs and Cost Share Summary Description Markham York Region Metrolinx Total Cost a b c d=a+b+c Package 1 $ 665,634.59 $ 616,219.63 $ 2,616.77 $ 1,284,470.99 Package 2 $ 1,512,277.22 $ 3,158,316.87 $ 26,060.92 $ 4,696,655.01 Package 3 $ 1,060,173.68 $ 186,351.96 $ 12,125.01 $ 1,258,650.64 Total: $ 3,238,085.49 $ 3,960,888.46 $ 40,802.70 $ 7,239,776.65 Engineering staff has been in discussions with York Region to confirm the final cost of the project as well as its share of the works. York Region to issue their approval of their share of costs upon completion of their review. The total cost overrun for the project is $3,062,140.42. A portion of this amount, $1,980,253.24 (see Table 5) was approved for costs associated with the consultant, peer review, flagging costs and a portion of the construction cost during the construction of Page 80 Report to: Council Meeting Meeting Date: April 28, 2020 Page 10 the project. The approval was in accordance to the City’s Purchasing By-Law and Expenditure Control Policy. This report requests Council approval for the remaining cost overrun of $1,081,887.18 (see Table 5), which are related to the construction work (project overrun and delay claim) and administration fees, as listed below: Table 5 – Award Costs and Overruns Description Supplier Award Amount Approved Overrun Remaining Overrun Total Cost a b c d=a+b+c Consultant Cost WSP $ 505,261.08 $ 309,301.02 $ 0.00 $ 814,562.09 Peer Review AECOM $ 287,461.82 $ 192,065.64 $ 0.00 $ 479,527.46 Flagging Costs Metrolinx $ 344,355.84 $ 823,132.94 $ 0.00 $ 1,167,488.78 Construction Grascan $ 2,624,742.68 $ 655,753.64 $ 979,454.84 $ 4,259,951.16 Admin Fees Markham $ 415,814.81 $ 0.00 $ 102,432.34 $ 518,247.15 Total: $ 4,177,636.23 $ 1,980,253.24 $ 1,081,887.18 $ 7,239,776.65 The remaining cost overruns of $1,081,887.18 are broken down as follows: Table 6 – Remaining Overruns Description Supplier PO Number Original Amount Increase Package 2 Contract Grascan PD 18118 $ 1,298,457.60 $ 877,259.88 Package 3 Contract Grascan PD 18210 $ 576,582.34 $ 102,194.95 Capital Admin Fees $ 415,814.81 $ 102,432.34 Total: $ 1,081,887.18 The recommended amount of increase was negotiated by Engineering staff and the contractor (Grascan). The information as it relates to the cost overruns and delay claims were reviewed and validated by Engineering staff. The recommended amount includes a cost reduction as negotiated with the contractor. Engineering staff recommend that Council approve the PO increase as noted above in order to settle the remaining cost of the project with the contractor. In addition to the Purchase Order increase, Engineering staff is also recommending that the budget be increased for the additional Capital Administration Fee (based on % of the total project cost) in the amount of $102,432.34, inclusive of HST. Engineering staff required additional time and effort to manage and administer the project until completion. Page 81 Report to: Council Meeting Meeting Date: April 28, 2020 Page 11 There is currently partial funding available in the amount of $74,070.60 in projects 16053 and 17038 to fund the identified overrun of $1,081,887.18. The remaining shortfall of $1,007,816.57 ($1,081,887.18 - $74,070.60) will require additional funding. Table 7 below provides a financial summary of the budget as it relates to the original award and subsequent cost overruns. Table 7 – Financial Summary The remaining shortfall of $1,007,816.57 will require additional budget/funding as identified in Table 8 below. Table 8 – Available Funding and Overruns Account No. / Description Markham York Metrolinx Total a b C d=a+b+c Account 16053 / 17038 Budget $2,367,805.67 $3,784,183.41 $79,971.00 $6,231,960.08 Final Project Cost $3,238,085.49 $3,960,888.46 $40,802.70 $7,239,776.65 Variance: ($870,279.82) ($176,705.06) $39,168.30 ($1,007,816.57) Allocate Excess Metrolinx Funds*: $32,557.67 $6,610.63 $39,168.30 $0 Variance (offset): ($837,722.15) ($170,094.42) $0 ($1,007,816.57) *Metrolinx’s final cost will be $40,802.70. The excess funds of $39,168.30 will be allocated towards offsetting Markham and York Region’s funding shortfall. Out of the York Region’s final project share of $3,960,888.46, the Region has paid $683,000.00 for their share of the works (2018 invoice). An invoice for the 2019 works was issued in December 2019 in the amount of $2,028,530.02. The remaining $1,249,358.44 will be issued as the final invoice. Description Amounts Budget (Projects 16053 & 17038) (A) $6,231,960 Original Award (B) ($4,177,636) Balance Available (C=A+B) $2,054,324 PO Increases Previously Authorized (D) ($1,980,253) Current Balance Available (E=C+D) $74,071 Increases Requested Through Report (F) ($1,081,887) Shortfall Requiring Additional Funding (F=E+F) ($1,007,816) Page 82 Report to: Council Meeting Meeting Date: April 28, 2020 Page 12 Based on the above and the principles as set out in the Memorandum of Understanding, it is recommended that the budget for the project be increased by $1,007,816.57, inclusive of HST, and to be funded from the Ramp Up Reserve ($837,722.15) and York Region ($170,094.42). ALIGNMENT WITH STRATEGIC PRIORITIES: The completed work for the Whistle Cessation Project was required to address the growing concerns from the community as it relates to the nuisance of train whistles at public grade crossing, and the increase in the train whistle along the Stouffville GO Line. The recommendations align with the City’s Strategic Plan Goals of “Safe and Sustainable Community’. BUSINESS UNITS CONSULTED AND AFFECTED: The Finance and Legal Departments were consulted and their comments have been addressed in this report. RECOMMENDED BY: Brian Lee, P.Eng. Arvin Prasad, MCIP, RPP Director of Engineering Commissioner, Development Services ATTACHMENTS: Attachment ‘A’ – Whistle Cessation Legislation & Governance Structure Page 83 Ministry of the Environment, Conservation and Parks Environmental Assessment Branch 1st Floor 135 St. Clair Avenue W Toronto ON M4V 1P5 Tel.: 416 314-8001 Fax.: 416 314-8452 Ministère de l’Environnement, de la Protection de la nature et des Parcs Direction des évaluations environnementales Rez-de-chaussée 135, avenue St. Clair Ouest Toronto ON M4V 1P5 Tél. : 416 314-8001 Téléc. : 416 314-8452 357-2020-1700 September 22, 2020 Ms. Elaine Baxter-Trahair Chief Administrative Officer Regional Municipality of Durham Email: elaine.baxter-trahair@durham.ca Dear Ms. Baxter-Trahair: Thank you for letter of July 15, 2020 to Minister Yurek about the Regional Municipality of Durham’s proposed Mixed Waste Pre-sort and Anaerobic Digestion facility. I am pleased to provide you with the following information on behalf of the Minister. I understand from your letter that the Region was copied on the submission of a Council Resolution, to this ministry, by the Municipality of Clarington regarding a concern that the proposed facility is to be located within the municipality. I also understand that the Region has been in discussions with the municipality to work towards addressing this concern. I would like to take this opportunity to invite the Region to meet with ministry staff to further discuss the proposed facility and the approach the Region is taking to address the municipality’s concerns. To arrange a meeting, please contact Gavin Battarino, Special Project Officer, with the ministry’s Environmental Assessment Branch, at gavin.battarino@ontario.ca. …2 Page 84 Ms. Elaine Baxter-Trahair Page 2. Thank you again for writing and look forward to discussing this further. Yours sincerely, Andrew Evers, Manager Environmental Assessment Services Environmental Assessment Branch c: Ms. Lindsey Park, MPP-Durham Ralph Walton, Regional Clerk, Municipality of Durham June Gallagher, Deputy Clerk, Municipality of Clarington Gioseph Anello, Director Waste Management Services, Municipality of Durham Susan Siopis, Commissioner, Works, Municipality of Durham Ralph Walton, Regional Clerk, Municipality of Durham Page 85 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 28, 2020 Report Number: ESD-006-20 Submitted By: Gord Weir, Director of Emergency Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: Resolution#: Report Subject: Emergency Services Activity Report – Q2 2020 Recommendation: 1. That Report ESD-006-20 be received for information. Page 86 Municipality of Clarington Page 2 Report ESD-006-20 1. Fire Suppression and Emergency Response 1.1 Fire suppression services are delivered in both an offensive and defensive mode, including search and rescue operations, forcible entry, ventilation, protecting exposures, salvage and overhaul as appropriate. Emergency pre-hospital care is provided through medical acts such as defibrillation, standard first aid and cardio pulmonary resuscitation . 1.2 Fire Suppression staff responded to 536 calls in the second quarter of 2020. Of the 536 incidents, 14 were property fires with an estimated dollar loss of $6,320,500. 1.3 The following is a summary of emergency incidents by response type (see Attachment 1 for description): Response Type Q2 2019 Q2 2020 % Change % of Total 2020 Property Fires/Explosions 26 14 -46.15% 2.61% Outdoor - No Loss Fires & Burning - Controlled 54 112 +107.41% 20.9% CO False Calls 25 42 +68% 7.84% False Fire Calls 75 72 -4% 13.43% *Medical/Resuscitator Calls 595 105 -82.35% 19.59% Other Response 123 73 -40.65% 13.62% Overpressure Rupture/Explosion (No Fire) 0 4 n/a 0.75% Pre Fire Conditions/No Fire 19 13 -31.58% 2.43% Public Hazard 55 43 -21.82% 8.02% Rescue 97 58 -40.21% 10.82% *See Section 3 Report Overview The Emergency and Fire Services Department is responsible for delivering fire suppression and emergency response, fire prevention and public education programs in accordance with the Fire Protection and Prevention Act (FPPA). This Report provides Council with an overview of the activities associated with the Department’s Suppression and Fire Prevention Divisions for Q2 of 2020. Page 87 Municipality of Clarington Page 3 Report ESD-006-20 1.4 During Q2 the spread of COVID-19 was on the rise and Fire Chiefs throughout Durham Region reviewed their Durham Region Medical Tiered Response Agreements with Durham Region EMS to determine if the service level provided by Fire should be reduced in order to minimize the risk of firefighters contracting the virus. Clarington’s Agreement is for Level “C” - Acute Chest Pain and/or Shortness of Breath/Difficulty Breathing regardless of EMS response time. This Agreement has been temporarily downgraded to Level “A” Tiered Response: A tiered response will be requested by the Central Ambulance Communications Centre (CACC) within one (1) minute of EMS dispatch when the EMS response time is anticipated to be greater than ten (10) minutes for the following emergency requests for service: Acute Chest Pain and/or Shortness of Breath/Difficulty Breathing (not on calls originating from long-term care (LTC) facilities, medical facilities or other locations with an available on-site Emergency First Responder (EFR) program or higher level of care). As a result, Medical/Resuscitator calls decreased by 82.35% over Q2 2019. 1.5 The Department saw an increase in Outdoor - No Loss Fires and Burning Controlled calls. Approximately 78% of the calls were for illegal burning. 1.6 Call Volume by Geographical Area (Generated by first vehicle dispatched according to geography) Geographical Area Call Volume Call Volume % Bowmanville and surrounding area 259 48.32% Newcastle and surrounding area 93 17.35% Orono and surrounding area 35 6.53% Courtice and surrounding area 119 22.2% Enniskillen and surrounding area 30 5.6% 1.7 Annual Total for Comparison at a Glance Event Type 2016 2017 2018 2019 2020 Call Volume 3,736 3,675 3,929 4,268 1,565 Civilian Injuries 4 1 1 7 0 Firefighter Injuries 0 0 0 1 0 Fatalities 0 0 0 0 0 Dollar Loss $6,148,757 $4,244,699 $2,738,750 $3,317,011 $7,420,200 Page 88 Municipality of Clarington Page 4 Report ESD-006-20 2. Response Times 2.1 Fire Suppression staff responded to 14 property fires, 4 of which were for detached dwellings. Below is a summary of the average response times for structural firefighting in Clarington’s rural and urban areas for Q2 2020. Rural Structural Fires – 1 incident Response Objective per NFPA 1720 Time Average Turnout Time 1:20 (80 sec) (first responding truck enroute) 1.23 min Average Dispatch to On Scene Min. (first truck on scene) 7.14 min. Average Total Personnel On Scene 12 Urban Structural Fires – 3 incidents Response Objective per NFPA 1720 Average Time Average Turnout Time 1:20 (80 sec) (first responding truck enroute) 52 sec Average Dispatch to On Scene Min. (first truck on scene) 4.28 min. Average Total Personnel On Scene 12 3. Medical/Resuscitator Calls 3.1 The following chart lists the medical call volume by geographical area. Emergency Request Call Volume Call Volume % % of Q2 Calls Bowmanville and surrounding area 42 40% 7.83% Newcastle and surrounding area 25 23.81% 4.66% Orono and surrounding area 6 5.71% 1.12% Courtice and surrounding area 28 26.67% 5.22% Enniskillen and surrounding area 4 3.81% 0.75% Page 89 Municipality of Clarington Page 5 Report ESD-006-20 3.2 The following chart lists the total medical calls to long-term care (LTC) and medical facilities. LTC / Medical Facility Address Total Medical Calls % of Medical Calls Glen Hill Marnwood 26 Elgin St., Bowmanville 0 0% Seasons Clarington Retirement Home 65 Clarington Blvd., Bowmanville 2 1.9% Glen Hill Strathaven 264 King St. E., Bowmanville 1 0.95% Bowmanville Creek Retirement Community 105 Queen Street, Bowmanville 0 0% Fosterbrooke Long Term Care 330 King Ave. West, Newcastle 2 1.9% WhiteCliffe Terrace Retirement Residence 1460 Highway 2, Courtice 3 2.86% Bowmanville Clinic 222 King St. E., Bowmanville 0 0% Walmart Clinic 2320 Highway 2, Bowmanville 1 0.95% Courtice Health Centre 1450 Highway 2, Courtice 0 0% Newcastle Urgent Care Clinic 50 Mill St. N., Newcastle 0 0% 3.3 1.67% of Q2 calls were for LTC/medical facilities. Crews arrived on scene prior to EMS 77.78% of the time, at an average of 2.87 minutes. The average time on scene was 15.93 minutes. 4. Fire Prevention Division 4.1 Fire Prevention staff continue to perform a variety of functions in accordance with the FPPA and policies of the Department focusing on; creating a fire safe community. These functions are implemented through public education programs and fire inspections. Page 90 Municipality of Clarington Page 6 Report ESD-006-20 4.2 The following is a summary of inspection services performed during the second quarter. Fire Prevention Activity – Q2 Volume Complaint Inspections 34 Requested Inspections 8 Self-initiated Inspections 3 Retrofit Inspections 0 Burn Permits 43 Fire Safety Plans Reviews 350 General Plans Reviews 35 Site Visits 5 Fire Investigations 2 FPPA Part 3 Charges Laid 0 FPPA Part 1 Charges Laid 0 4.3 Due to COVID-19 and the restrictions issued by the Chief Medical Officer, staff did not provide or attend public education activities during the second quarter of 2020. 5. Concurrence Not Applicable. 6. Conclusion It is respectfully recommended that this Report be received for information. Staff Contact: Gord Weir, Director of Emergency & Fire Services, 905-623-5126 ext. 2802 or gweir@clarington.net. Attachments: Attachment 1 – Response Type Description There are no interested parties to be notified of Council's decision. Page 91 Attachment 1 to Report ESD-006-20 Response Type Description Property Fires / Explosions: Instance or destructive and uncontrolled burning involving structures, vehicles and open area fires, including explosion of combustible solids, liquids or gasses which may or may not have resulted in a dollar loss. Outdoor, No Loss Fires: Uncontrolled fires, outdoors, that did not result in a loss, injury or fatality and is not suspected to be caused by arson, vandalism or children playing. Burning Controlled: Complaint call related to outdoor controlled burning, authorized or unauthorized. Fire Department did not take suppression action. CO (carbon monoxide) False Calls: A call where it is determined that the detection equipment malfunctioned or there was a perceived emergency - no CO present. False Fire Calls: Alarm activation or fire call that when investigated, is determined to be as a result of equipment failure, malicious/prank, perceived emergency, accidental activation of alarm by a person. Medical/Resuscitator Call: Includes a response to a patient(s) suffering from asphyxia, respiratory condition, convulsions, epileptic, diabetic seizure, electric shock, traumatic shock, heart attack, stroke, drug related, cuts, abrasions, fractures, burns, person fainted, nausea and pre-hospital care such as administering oxygen, CPR, defibrillation, or first aid. Other Response: Assistance to other Fire Departments, calls cancelled on route, non-fire incidents where an illegal grow operation or drug operation was discovered. Overpressure Rupture/Explosion (No Fire): Overpressure rupture/explosion with no fire, e.g. steam boilers, hot water, bombs, dynamite and gas pipe. Pre Fire Conditions/No Fire: Incidents with no fire that involve heat or potential pre fire conditions, e.g. pot on stove, cooking - smoke or steam, lightening and fireworks. Public Hazard: Includes a response for spills and leaks of a hazardous product such as natural gas, propane, refrigerant, miscellaneous/unknown, gasoline or fuel, toxic chemical, radio-active material, power lines down or arcing, bomb, explosive removal standby, CO (carbon monoxide) or other public hazard. Rescue: A call for a person in danger due to their proximity to the occurrence and who is unable to self-evacuate and is assisted by Fire Department personnel, e.g. vehicle accident, building collapse, commercial/industrial accident, home/residential accident, persons trapped in elevator, water rescue or water/ice rescue. Page 92 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 28, 2020 Report Number: FND-032-20 Submitted By: Trevor Pinn, Director of Finance/Treasurer Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: Resolution#: Report Subject: Award of Contracts During Council Recess Recommendation: 1. That Report FND-032-20 be received for information. Page 93 Municipality of Clarington Page 2 Report FND-032-20 1. Background 1.1 During periods when Council is in Recess, provision has been made for the approval of contract awards in order to continue with business as usual. During the summer recess of 2020 there were 10 contract awards that would normally necessitate a report to Council. 2. Comments 2.1 In accordance with Purchasing By-Law 2015-022 S. 73 (2), the following contracts were awarded during the Council Recess: PS Report# Contract# Description PS-014-20 CL2020-19 Electrical Services PS-015-20 RFP2020-3 Engineering Services for Bridge and Culvert Replacement PS-016-20 CL2020-18 Intersection Accessibility Improvements PS-017-20 CL2020-15 Bowmanville Ave Bridge Rehabilitation PS-019-20 RFP2020-5 Bridge and Culvert Inspection Program PS-020-20 CL2020-20 Toyota Trail PS-021-20 CL2020-25 2020 Roadside Protection-Various Locations PS-022-20 CL2015-30 Sidewalk Snow Clearing Contract Extension PS-023-20 CL2020-27 Pavement Rehabilitation PS-024-20 CL2020-26 Supply and Delivery of Winter Sand 2.2 A copy of the recommending Purchasing Services Reports for the above noted projects are attached as Attachments. Report Overview To report to Council on the contracts awarded during Council Recess Page 94 Municipality of Clarington Page 3 Report FND-032-20 3. Concurrence Not Applicable. 4. Conclusion The action taken by Staff as documented in the attached Report Memos be provided for Council’s information. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 - PS-014-20 Electrical Services Attachment 2 - PS-015-20 Engineering Services for Bridge and Culvert Replacement Attachment 3 - PS-016-20 Intersection Accessibility Improvements Attachment 4 - PS-017-20 Bowmanville Ave Bridge Rehabilitation Attachment 5 - PS-019-20 Bridge and Culvert Inspection Program Attachment 6 - PS-020-20 Toyota Trail Attachment 7 - PS-021-20 2020 Roadside Protection-Various Locations Attachment 8 - PS-022-20 Sidewalk Snow Clearing Contract Extension Attachment 9 - PS-023-20 Pavement Rehabilitation Attachment 10 - PS-024-20 Supply and Delivery of Winter Sand Interested Parties: There are no interested parties to be notified of Council's decision. Page 95 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-014-20 Meeting Date: December 31, 2020 Report Date: July 23, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: CL2020-19 Report Subject: Electrical Services Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1. That George Moore Electric Ltd. with a total bid amount, for the initial two year term, of $99,238.38 (Net HST Rebate), and an estimated five year contract value of $248,100 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2020-19 be awarded the contract for the provision of electrical services as required by the Municipality; 2. That the funds expended for these services, be funded from respective facilities approved operating budget as required; and 3. That pending satisfactory service and pricing that the Purchasing Manager in consultation with the Director of Public Works, the Director of Community Services and the Director of Emergency and Fire Services be authorized to extend the contract for up to three additional one-year terms. Attachment 1 to FND-032-20 Page 96 Municipality of Clarington Page 2 Report Purchasing Services-014-20 1. Background 1.1 Tender specifications for the provision of electrical services for the various municipally owned and operated facilities were drafted and reviewed by the various departments. 1.2 Tender CL2020-19 was prepared and issued by the Purchasing Services Division. The tender was posted electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association’s website. 1.3 The tender closed on July 10, 2020. 1.4 In view of the Summer Council Recess, authorization is requested to award the a bove contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures. 2. Analysis 2.1 Twelve companies downloaded the tender document. Four submissions were received by the stipulated closing time. 2.2 The Municipality reached out to the eight companies who chose not to submit pricing to ask why they chose not to bid. Their responses are as follows: • One company was an association for distributing the tender document to its members; • One company advised that they could not handle due to present workload; • One company advised that they were unable to quote competitively; and • Five companies contacted did not respond to the Municipality’s request for information. 2.3 The four bids received were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions were deemed compliant. 2.4 The bid results were forwarded to the Public Works Department, Community Services Department and Emergency and Fire Services Department for their review and consideration. 2.5 After review, analysis and discussions the departments mutually agreed that the low bidder, George Moore Electric Ltd., be recommended for the award of tender CL2020- 19. Page 97 Municipality of Clarington Page 3 Report Purchasing Services-014-20 2.6 George Moore Electric Ltd. has successfully provided similar services to the Municipality of Clarington in the past therefore no reference checks were completed. 3. Financial 3.1 The estimated annual cost is $49,619 (Net HST Rebate). This estimate was determined by using the past number of hours an electrician was required by the Municipality. The actual cost will vary depending on the types of calls and services which are required throughout the year. The initial contract term is for two years. The value of the contract for the two-year period is estimated to be $99,238 (net HST Rebate). 3.2 Pricing received is firm for the initial contract term of two years. 3.3 The Municipality has the option to extend the contract for up to three additional one-year terms pending satisfactory service. The tender document stipulates that if the Municipality elects to exercise the option to renew the contract for the additional optional one-year terms, then pricing shall be adjusted only on the anniversary date of the Contract award. Proposed price increases should not exceed the annual percentage change in the most recent issuance of the Consumer Price Index (CPI) All items – Ontario, as issued by the Statistics Canada, and remain firm for the rest of that Contract year. The potential five-year contract value is estimated to be $248,100 (Net HST Rebate). 3.4 The expended funds will be drawn from respective facilities approved operating budget. 3.5 Queries with respect to the department needs should be referred to the respective Department Head. 4. Concurrence This report has been reviewed by the Director of Public Works, the Director of Community Services and the Director of Emergency and Fire Services who concur with the recommendations contained with this report 5. Conclusion It is respectfully recommended that George Moore Electric Ltd. with a total bid amount, for the initial two year term, of $99,238.38 (Net HST Rebate), being the lowest compliant bid, be awarded the tender for the provision of Electrical Services as per the terms, conditions and specifications of Tender CL2020-19. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Page 98 Municipality of Clarington Page 4 Report Purchasing Services-014-20 Attachments: Attachment 1 Municipality of Clarington CL2020-19 Electrical Services Bid Summary Annual Cost BIDDER Total Bid (including HST) TOTAL BID (Net HST Rebate) George Moore Electric Ltd. $55,099.93 $49,619.19 MDK Electric Ltd. $68,027.70 $61,261.05 EAMA Inc. $73,331.35* $66,037.15 Brooklin Electric Ltd. $84,083.30* $75,719.62 Note: ‘*” Denotes an addition error within the bid submission received. Costs for Initial 2-year contract term. BIDDER Total Bid 2-year Term (including HST) TOTAL BID 2-year Term (Net HST Rebate) George Moore Electric Ltd. $110,199.86 $99,238.38 MDK Electric Ltd. $136,035.40 $122,522.10 EAMA Inc. $146,662.70 $132,074.30 Brooklin Electric Ltd. $168,166.60 $151,439.24 Page 99 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-015-20 Meeting Date: December 31, 2020 Report Date: August 14, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: RFP2020-3 Report Subject: Engineering Services for Bridge and Culvert Replacement Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1. That the proposal received from CIMA+ having the lowest price meeting all terms, conditions and specifications of RFP2020-3 be awarded the contract for the provision of engineering services required for the bridge and culvert replacement; 2. That the funds required for this project in the amount of $303,509 (net HST rebate) is in the approved budget allocation as provided, be funded from the following account: Description Account Number Amount Structures Rehabilitation 110-32-330-83275-7401 $303,509 Attachment 2 to FND-032-20 Page 100 Municipality of Clarington Page 2 Report Purchasing Services-015-20 1. Background 1.1 The Municipality requires the assistance of a qualified engineering consulting firm to provide the required skills and resources necessary to provide engineering services for the replacement of one bridge and five culverts and for roadside protection of two bridges within the Municipality. 1.2 A Request for Proposal (RFP) was drafted to allow for the Municipality to select a qualified Consultant with the skills, resources and experience necessary to provide engineering services as per the specifications provided by the Engineering Services Department. 1.3 RFP2020-3 was issued by the Purchasing Services Division and advertised electronically on the Municipality of Clarington’s (the Municipality) website. Notification of the availability of the document was also posted on the Ontario Public Buyer’s Association website. The RFP was structured on the price – based two envelope RFP system. Seventeen companies downloaded the document. 1.4 The RFP closed on June 11, 2020. 1.5 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures. 2. Analysis 2.1 The RFP stipulated among other things, that bidders were to provide a description of Firm/Consulting team, key qualifications, firm profile, highlight of past service and experience of team members with projects of similar size, nature and complexity and a demonstrated understanding of the Municipality’s requirements. 2.2 Five submissions were received (refer to Attachment 1) by the closing date and time. All submissions met the mandatory requirements and moved forward to the first phase of evaluation. 2.3 The Municipality reached out to the twelve firms, who had downloaded the RFP but chose not to bid, to inquire as to why they chose not to bid. The responses received to the Municipality’s inquiry are as follows: One company was an association for distributing the tender document to its members; Page 101 Municipality of Clarington Page 3 Report Purchasing Services-015-20 Two companies advised that they were not able to take on additional work given their current workload; One company felt that they could not bid competitively so chose to bid at this time; Two companies downloaded as sub-consultants for the project; and Six companies did not respond to the Municipalities request for information. 2.4 Each submission consisted of a comprehensive proposal identifying Qualifications and experience; Experience of the proponent/sub-consultants with projects of similar nature, size and complexity; The proposed team who would be working with the Municipality; The Proponent’s understanding and approach to complete the project; Key project challenges and demonstrating that the Proponent has adequate resources and an appropriate strategy for addressing the challenges. An appropriate stakeholder and public consultation approach; The proposed tasks and timelines; and Identification of accessibility design, features and criteria. 2.5 The submissions were reviewed and scored in accordance with the established criteria outlined in the RFP by an evaluation team consisting of staff from the Engineering Services Department and the Purchasing Services Division. Some of the areas on which submissions were evaluated were as follows: Allocated roles and responsibilities of the proposed team members; Proposed approach to completing the project; Proposed timelines to complete the tasks required; Highlights of services provided within the past five years only; and The Proponent’s understanding of the Municipality’s requirements, the project and any related issues or concerns. 2.6 Upon completion of the evaluation, the evaluation committee concluded that the following two proponents met the pre-established threshold of 85% for Phase 1 and moved on to the second phase information: CIMA+ GHD Page 102 Municipality of Clarington Page 4 Report Purchasing Services-015-20 2.7 It was deemed by the evaluation committee that presentations from the proponents who made it to phase 2 were not required and their pricing envelopes were opened and evaluated. The submission from CIMA had the lowest price. 3. Financial 3.1 The funds required for this project in the amount of $303,509 (net HST rebate) which includes detailed design and tendering ($207,855 net HST rebate) and Inspection and Contract Administration ($95,654 net HST rebate) is in the approved budget allocation as provided, be funded from the following account: Description Account Number Amount Structures Rehabilitation 110-32-330-83275-7401 $303,509 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that CIMA+ having the lowest price and meeting all terms, conditions and specifications of RFP2020-3 be awarded the contract for the provision of Engineering Services as required for bridge and culvert replacement. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Summary of Proposals Received Page 103 Municipality of Clarington Page 5 Report Purchasing Services-015-20 Summary of Proposals Received Municipality of Clarington RFP2020-3 Engineering Services for Bridge and Culvert Replacement Bidder CIMA+ Canada Inc.* D.M. Wills Associates Ltd. GHD * Greer Galloway Jewell Engineering Note: Bidders with an asterisk (*) are the companies who were shortlisted. Page 104 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-016-20 Meeting Date: December 31, 2020 Report Date: August 11, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: CL2020-18 Report Subject: Intersection Accessibility Improvements Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1. That Ashland Construction Group Ltd. with a total bid amount of $220,481.14 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2020-18 be awarded the contract for the intersection accessibility improvements. 2.That total funds required for this project in the amount of $294,800 (Net HST Rebate), which includes the construction cost of $220,481.14 (Net HST Rebate) and other costs including material testing, above ground traffic signal works (to be completed by the Region of Durham) and contingencies in the amount of $74,318.86 (Net HST Rebate) are included in the approved budgets and will be funded from the following accounts: Description Account Number Amount King St at Scugog St. Intersection Improvements (2017/2018 Budget) 110-32-335-83240-7401 $71,500 Accessible Signal Upgrade (2018) 110-32-332-83206-7401 94,500 Accessible Signal Upgrade (Clarington Blvd at Stevens Rd) (2019 Budget) 110-32-332-83265-7401 55,100 Pavement Rehab (2020 Budget) 110-32-330-83212-7401 73,700 Page 105 Municipality of Clarington Page 2 Report Purchasing Services-016-20 1. Background 1.1 Tender specifications for the accessibility improvements, sidewalk removal and replacement, drainage improvements, tactile plate installation, line paint, asphalt paving, grading, concrete footings for accessible pedestrian signals at King Street and Scugog Street intersection and Clarington Boulevard and Stevens Road Intersection were prepared by Engineering Services. 1.2 Tender CL2020-18 was prepared and issued by the Purchasing Services Division. The tender was posted electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association’s website. 1.3 The tender closed on June 16, 2020. 1.4 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures 2. Analysis 2.1 Nineteen companies downloaded the tender document. Four submissions were received by the stipulated closing time. 2.2 The Municipality reached out to the fifteen companies who chose not to respond to inquire as to why they chose not to submit a bid. Their responses are as follows: One company was an association for distributing the tender document to its members; Three companies advised that after reviewing the document they could not take on due to current workload; One company advised that they felt they could not bid competitively; Three companies advised that they downloaded the document with the interest of being a sub-contractor for the project; and Seven companies contacted did not respond to the Municipality’s request for information. 2.3 The four bids received were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions were deemed compliant. 2.4 The bid results were forwarded to the Engineering Services Department for their review and consideration. Page 106 Municipality of Clarington Page 3 Report Purchasing Services-016-20 2.5 After review, analysis and discussions it was mutually agreed by Engineering Services and Purchasing Services that the low bidder, Ashland Construction Group Ltd., be recommended for the award of tender CL2020-18. 2.6 Ashland Construction Group Ltd. has successfully provided similar services to the Municipality of Clarington in the past therefore no reference checks were completed. 3. Financial 3.1 The total funds required for this project in the amount of $294,800.00 (Net HST Rebate), which includes the construction cost of $220,481.14 (Net HST Rebate) and other costs including material testing, above ground traffic signal works (to be completed by the Region of Durham) and contingencies in the amount of $74,318.86 (Net HST Rebate) are included in the approved budgets and will be funded from the following accounts: Description Account Number Amount King St at Scugog St. Intersection Improvements (2017/2018 Budget) 110-32-335-83240-7401 $71,500 Accessible Signal Upgrade (2018) 110-32-332-83206-7401 94,500 Accessible Signal Upgrade Clarington Blvd, Stevens Rd. (2019) 110-32-332-83265-7401 55,100 Pavement Rehab. (2020 Budget) 110-32-330-83212-7401 73,700 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Ashland Construction Group Ltd. being the lowest compliant bid be awarded the contract for the Intersection Accessibility Improvements in accordance with all the terms, conditions specifications, and drawings of tender CL2020-18. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Page 107 Municipality of Clarington Page 4 Report Purchasing Services-016-20 Not Applicable Page 108 Municipality of Clarington Page 5 Report Purchasing Services-016-20 Municipality of Clarington CL2020-18 Intersection Accessibility Improvements Bid Summary Bidder Total Bid (including HST) Total Bid (Net HST Rebate) Ashland Construction Group Ltd. $244,834.60 $220,481.14 Sanscon Construction Ltd. 274,813.43 247,478.01 Jeffrey G. Wallans Construction 303,227.70 273,065.94 Blackstone Paving & Construction Ltd. 394,833.01 355,559.35 Page 109 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-017-20 Meeting Date: December 31, 2020 Report Date: August 12, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: CL2020-15 Report Subject: Bowmanville Ave Bridge Rehabilitation – Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1.That Alliance Verdi Civil Inc. with a total bid amount of $1,935,588.05 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-15 be awarded the contract for the Bowmanville Bridge Rehabilitation, as required by the Public Works Department; 2.That the total funds required for this project in the amount of $2,461,000.00 (Net HST Rebate), which includes the construction cost of $1,935,588.05 (Net HST Rebate) and other costs including detailed design and tendering, fees payable to CN, material testing, inspection, contract administration and contingencies in the amount of $525,411.95 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following account; Description Account Number Amount Structures Rehabilitation (2019) 110-32-330-83275-7401 $2,461,000 Page 110 Municipality of Clarington Page 2 Report Purchasing Services-017-20 1. Background 1.1 The tender is for the Bridge Rehabilitation located on Bowmanville Ave between Energy Drive and St Mary’s Cement entrance. Tender specifications were prepared by GHD Limited in consultation with the Public Works Department and provided to the Purchasing Services Division. 1.2 Tender CL2020-15 was prepared and issued by the Purchasing Services Division and advertised electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association’s website. 1.3 The scope of work includes the replacement of the asphalt road surface, rehabilitation of the bridge over the CN tracks and construction of the waterfront trail across the bridge. 1.4 The Tender closed July 22, 2020. 1.5 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-22 Part 2, Section 73, Council Recess Procedures. 2. Analysis 2.1 Thirty-six companies downloaded the tender document and eight submissions were received in response to the tender call. 2.2 The twenty-eight companies who chose not to submit pricing were contacted to ask why they decided not to bid. The responses are as follows: four companies did not provide a submission due to current workload; twelve companies were subcontractors; one company advised the scope of work was outside of the services they provide; one company was a construction association; and 2.3 The bids were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All eight submissions were deemed compliant. 2.4 The results were forwarded to the Public Works Department for their review and consideration. Page 111 Municipality of Clarington Page 3 Report Purchasing Services-017-20 2.5 After review and discussion with the Public Works Department it is mutually agreed that the low bidder Alliance Verdi Civil Inc., be recommended for the award of contract CL2020-15. 2.6 Alliance Verdi Civil Inc. has not worked for the Municipality previously, references supplied as part of the submission were contacted and proved to be satisfactory. 3. Financial 3.1 That the total funding required for this project in the amount of $2,461,000.00 (Net HST Rebate), which includes the construction cost of $1,935,588.05 (Net HST Rebate) and other costs including detailed design and tendering, fees payable to CN, material testing, inspection, contract administration and contingencies in the amount of $525,411.95 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following account; Description Account Number Amount Structures Rehabilitation (2019) 110-32-330-83275-7401 $2,461,000 3.2 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Public Works 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Alliance Verdi Civil Inc. with a total bid price of $1,935,588.05 (Net HST Rebate) being the lowest compliant bid be awarded the contract for the Bowmanville Ave Bridge Rehabilitation as per the terms, conditions and specifications of Tender CL2020-15 Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Summary of Bid Results Attachment 2 – Memo to Purchasing from Public Works Page 112 Attachment #1 to Purchasing Service-017-20 Municipality of Clarington CL2020-15 Bowmanville Ave Bridge Rehabilitation Bid Summary BIDDER TOTAL BID (including HST) TOTAL BID (Net HST Rebate) Alliance Verdi Civil Inc. $2,149,385.32 $1,935,588.05 Marbridge Construction Ltd. $2,313,110.00 $2,083,027.20 Bob Hendrickson Construction Ltd. $2,500,534.63 $2,251,808.88 Dufferin Construction Company $2,708,957.14 $2,439,499.81 Clearwater Structures Inc. $2,773,175.94 $2,497,330.83 HiTech Structures Inc. $2,850,455.40 $2,566,923.37 Elirpa Construction & Materials Inc. $3,330,540.02 $2,999,254.44 Dig-Con International Limited $4,167,314.54 $3,752,795.82 Page 113 Memo Page | 1 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Public Works Department has reviewed the submissions for CL2020-15 and offers the following comments. The project is located on Bowmanville Ave between the entrance to St Marys and Energy Dr. The work includes replacement of the asphalt road surface, rehabilitation of the bridge over the CN tracks, and construction of the waterfront trail across the bridge. The low bidder on this contract was Alliance Verdi Civil Inc. Based on the references provided for this contractor, we recommend award of the contract Alliance Verdi Civil Inc. in the amount of $2,149,385.32 inclusive of HST, or $1,935,588.05, net of HST rebate. Including other project costs such as detailed design and tendering, fees payable to CN, material testing, inspection and contract administration, contingencies and net HST costs, the Public Works Department advises of the following funding: To: David Ferguson, Purchasing Manager From: Steve Brake, Director, Public Works Date: Aug 7, 2020 Subject: CL2020-15 Bowmanville Ave Bridge Rehabilitation File: CSR.2019.1 Attachment 2 to Purchasing Services -017-20 Page 114 File No.: CSR.2019.1 Page | 2 Page | 2 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 Construction (net of HST) (Based on Low Bid) $1,935,588.05 Other costs (net of HST) $525,411.95 Total Project Value $2,461,000.00 Allocated Financing: Structures Rehabilitation 110-32-330-83275-7401 $2,461,000.00 Total Allocated Financing $2,461,000.00 We recommend that Purchasing move forward with the award of the contract based on the above apportionments. Should you have any further questions, please feel free to contact the undersigned. Regards, __________________ Stephen Brake Director, Public Works RA/SB Pc: Trevor Pinn, Director of Finance Ron Albright, Manager of Infrastructure, Public Works S. Bagshaw, Capital Works Engineer, Public Works Page 115 File No.: CSR.2019.1 Page | 3 Page | 3 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 Page 116 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-019-20 Meeting Date: December 31, 2020 Report Date: August 17, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: RFP2020-5 Report Subject: Bridge and Culvert Inspection Program Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1.That the proposal received from GHD having the lowest price, $36,811.68 (net HST rebate), meeting all terms, conditions and specifications of RFP2020-5 be awarded the contract for the provision of engineering services required for the bridge and culvert inspection program; 2.That the funds required for this project in the amount of $36,811.68 (net HST rebate) is in the approved budget allocation as provided, be funded from the following account: Description Account Number Amount Structures Rehabilitation 110-32-330-83275-7401 $36,812 3.That pending satisfactory service and pricing that the Purchasing Manager, in consultation with the Director of Public Works, be authorized to extend the contract for up to four additional one-year terms. Page 117 Municipality of Clarington Page 2 Report Purchasing Services-019-20 1. Background 1.1 The Municipality requires the assistance of a qualified engineering consulting firm to provide the required skills and resources necessary to provide engineering services for the statutory inspection of bridges and culverts on a biennial cycle. Inspections are completed on half of the inventory each year. 1.2 A Request for Proposal (RFP) was drafted to allow for the Municipality to select a qualified Consultant with the skills, resources and experience necessary to provide engineering services as per the specifications provided by the Public Works Department. 1.3 RFP2020-5 was issued by the Purchasing Services Division and advertised electronically on the Municipality of Clarington’s (the Municipality) website. Notification of the availability of the document was also posted on the Ontario Public Buyer’s Association website. The RFP was structured on the price – based two envelope RFP system. Seventeen companies downloaded the document. 1.4 The RFP closed on June 24, 2020. 1.5 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures. 2. Analysis 2.1 The RFP stipulated among other things, that bidders were to provide a description of Firm/Consulting team, key qualifications, firm profile, highlight of past service and experience of team members with projects of similar size, nature and complexity and a demonstrated understanding of the Municipality’s requirements. 2.2 Five submissions were received (refer to Attachment 1) by the closing date and time. All submissions met the mandatory requirements and moved forward to the first phase of evaluation. 2.3 The Municipality reached out to the twelve firms, who had downloaded the RFP but chose not to bid, to inquire as to why they chose not to bid. The responses received to the Municipality’s inquiry are as follows: Two companies are associations for distributing the tender document to their members; Page 118 Municipality of Clarington Page 3 Report Purchasing Services-019-20 Two companies advised that they were not able to take on additional work given their current workload; One company felt that they could not bid competitively so chose not to bid at this time; Two companies downloaded as sub-consultants for the project; and Five companies did not respond to the Municipalities request for information. 2.4 Each submission consisted of a comprehensive proposal identifying Qualifications and experience; Experience of the proponent/sub-consultants with projects of similar nature, size and complexity; The proposed team who would be working with the Municipality; The Proponent’s understanding and approach to complete the project; Key project challenges and demonstrating that the Proponent has adequate resources and an appropriate strategy for addressing the challenges. An appropriate stakeholder and public consultation approach; The proposed tasks and timelines; and Identification of accessibility design, features and criteria. 2.5 The submissions were reviewed and scored in accordance with the established criteria outlined in the RFP by an evaluation team consisting of staff from the Public Works Department and the Purchasing Services Division. Some of the areas on which submissions were evaluated were as follows: Allocated roles and responsibilities of the proposed team members; Proposed approach to completing the project; Proposed timelines to complete the tasks required; Highlights of services provided within the past five years only; and The Proponent’s understanding of the Municipality’s requirements, the project and any related issues or concerns. 2.6 Upon completion of the evaluation, the evaluation committee concluded that the following two proponents met the pre-established threshold of 85% for Phase 1 and moved on to the second phase information: AUE Structural; and GHD Page 119 Municipality of Clarington Page 4 Report Purchasing Services-019-20 2.7 It was deemed by the evaluation committee that presentations from the proponents who made it to phase 2 were not required and their pricing envelopes were opened and evaluated. The submission from GHD had the lowest price. 2.8 GHD has successfully provided similar services to the Municipality of Clarington in the past therefore no reference checks were completed. 3. Financial 3.1 The funds required for this project in the amount of $36,811.68 (net HST rebate), which includes lump sum cost to complete the scope of work $35,616 net HST rebate) as well as additional structure inspections ($1,196 net HST rebate) is in the approved budget allocation as provided, be funded from the following account: Description Account Number Amount Structures Rehabilitation 110-32-330-83275-7401 $36,811.68 3.2 Pending satisfactory service and pricing that the Purchasing Manager, in consultation with the Director of Public Works, be authorized to extend the contract for up to four additional one-year terms. 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that GHD having the lowest price and meeting all terms, conditions and specifications of RFP2020-5 be awarded the contract for the provision of engineering services as required for bridge and culvert inspections. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Summary of Proposals Received Page 120 Municipality of Clarington Page 5 Report Purchasing Services-019-20 Attachment #1 Summary of Proposals Received Municipality of Clarington RFP2020-5 Bridge & Culvert Inspection Program Bidder Art Engineering Inc. AUE Structural Incorporated* GHD * Greer Galloway Group Inc. Stephenson Engineering Limited Note: Bidders with an asterisk (*) are the companies who were shortlisted Page 121 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-020-20 Meeting Date: December 31, 2020 Report Date: August 25, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: CL2020-20 Report Subject: Toyota Trail Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1. That Gray’s Landscaping and Snow Removal Inc. with a total bid amount of $209,923.99 (including HST) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2020-20 be awarded the contract for the construction of the Toyota Trail. 2.That total funds required for this project in the amount of $277,700.00 (including HST), which includes the construction cost of $209,923.99 (including HST) and other costs such as design, public information material, material testing, contract administration, contingencies in the amount of $67,776.01 (including HST) be funded from the following account: Description Account Number Amount Toyota Trail 110-32-325-83379-7403 $277,700 Note: As this project is being funded by Toyota Canada as part of their site plan requirements, the full HST has been applied to project costs. Page 122 Municipality of Clarington Page 2 Report Purchasing Services-020-20 1. Background 1.1 This project is for the completion of a trail just north of the new Toyota Canada Eastern Parts Distribution Centre with a run from Haines Road to Lambs Road. This work is a requirement of the Toyota Canada site plan, however, the Municipality has been asked to design, construct and manage the project on Toyota Canada’s behalf. 1.2 Tender specifications for the Toyota Trail were prepared by CIMA and the Public Works Department. 1.3 Tender CL2020-20 was prepared and issued by the Purchasing Services Division. The tender was posted electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association’s website. 1.4 The tender closed on August 12, 2020. 1.5 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures 2. Analysis 2.1 Thirty-two companies downloaded the tender document. Twelve submissions were received by the stipulated closing time. 2.2 The Municipality contacted the twenty companies who chose not to respond to inquire as to why they chose not to submit a bid. Their responses are as follows: One company was an association for distributing the tender document to its members; Three companies advised that after reviewing the document they could not take on the project due to current workload; One company advised that due to current workload they were not able to complete the submission by the deadline; One company advised that they were unable to obtain the bonding required for the project; One company advised that they felt they could not bid competitively; One company advised that they downloaded the document with the interest of being a sub-contractor for the project; and Twelve companies contacted did not respond to the Municipality’s request for information. Page 123 Municipality of Clarington Page 3 Report Purchasing Services-020-20 2.3 The twelve bids received were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions were deemed compliant. 2.4 The bid results were forwarded to the Public Works Department for their review and consideration. 2.5 After review, analysis and discussions it was mutually agreed by Public Works and Purchasing Services that the low bidder, Gray’s Landscaping and Snow Removal Inc., be recommended for the award of tender CL2020-20. 2.6 Gray’s Landscaping and Snow Removal Inc. has successfully completed work for the Municipality in the past. 3. Financial 3.1 The total funds required for this project in the amount of $277,700.00 (including HST), which includes the construction cost of $209,923.99 (including HST) and other costs including such as design, public information material, material testing, contract administration, contingencies in the amount of $67,776.01 (including HST) be funded from the following account: Description Account Number Amount Toyota Trail 110-32-325-83379-7403 $ 277,700 Note: As this project is being funded by Toyota Canada as part of their site plan requirements, the full HST has been applied to project costs. 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Gray’s Landscaping and Snow Removal Inc. being the lowest compliant bid be awarded the contract for the construction of the Toyota Trail in accordance with all the terms, conditions, specifications and drawings of tender CL2020-20. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Bid Summary Page 124 Municipality of Clarington Page 4 Report Purchasing Services-020-20 Attachment 1: Bid Summary Municipality of Clarington CL2020-20 Toyota Trail Bid Summary Bidder Total Bid (including HST) Grays Landscaping Inc. $209,923.98 Royalcrest Paving & Construction 231,039.32 Dufferin Construction Company 236,506.74 Bond Paving & Construction Inc. 240,103.82 CSL Group Ltd. 280,680.00 Oak Springs Construction 296,356.11 Dave Boyle Excavating Ltd. 298,377.88 Ashland Construction Group Ltd. 301,289.08 Real Landscaping Plus Inc. 311,590.07 Dig-Con International Ltd. 318,771.68 M&S Architectural Concrete Ltd. 367,827.00 Forest Ridge Landscaping Inc. 382,964.07 Page 125 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-021-20 Meeting Date: December 31, 2020 Report Date: August 27, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: CL2020-25 Report Subject: 2020 Roadside Protection – Various Locations Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1. That Peninsula Construction Inc. with a total bid amount of $484,481.90 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2020-25 be awarded the contract for the roadside protection as required by the Municipality for various municipal locations. 2.That total funds required for this project in the amount of $533,000 (Net HST Rebate), which includes the construction cost of $484,481.90 (Net HST Rebate) and other costs including such as contingencies in the amount of $48,518.10 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts: Description Account Number Amount Roadside Protection Program (2020 Budget) 110-32-330-83338-7401 $239,000 Rural Road Resurfacing (2019 Budget) 110-36-330-83680-7401 294,000 Page 126 Municipality of Clarington Page 2 Report Purchasing Services-021-20 1. Background 1.1 Tender specifications for the roadside protection for various locations were prepared by the Public Works Department and provided to the Purchasing Services Division. The work included the removal of roadside hazards for various locations within the Municipality. 1.2 Tender CL2020-25 was prepared and issued by the Purchasing Services Division. The tender was posted electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association’s website. 1.3 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures 2. Analysis 2.1 The tender closed July 29, 2020. 2.2 Fifteen companies downloaded the tender document. Three submissions were received by the stipulated closing time. 2.3 The Municipality contacted the twelve companies who chose not to respond to inquire as to why they chose not to submit a bid. Their responses are as follows: One company was an association for distributing the tender document to its members; Three companies advised that after reviewing the document they were not able to take on the project due to their current workload; One company advised that they felt that they were not in a position to bid competitively; One company advised that they downloaded the document with the interest of being a sub-contractor for the project; and Six companies contacted did not respond to the Municipality’s request for information. 2.4 The three bids received were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions were deemed compliant. 2.5 The bid results were forwarded to the Public Works Department for their review and consideration. Page 127 Municipality of Clarington Page 3 Report Purchasing Services-021-20 2.6 After review, analysis and discussions, it was mutually agreed by the Public Works Department and the Purchasing Services Division that the low bidder, Peninsula Construction Inc., be recommended for the award of tender CL2020-25. 2.7 Peninsula Construction Inc. has successfully completed work for the Municipality in the past. 3. Financial 3.1 The total funds required for this project in the amount of $533,000.00 (Net HST Rebate), which includes the construction cost of $484,481.90 (Net HST Rebate) and other costs including such as contingencies in the amount of $48,518.10 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts: Description Account Number Amount Roadside Protection Program (2020 Budget) 110-32-330-83338-7401 $239,000 Rural Road Resurfacing (2019 Budget) 110-36-330-83680-7401 $294,000 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Peninsula Construction Inc. being the lowest compliant bid be awarded the contract for the 2020 Roadside Protection – Various Locations in accordance with all the terms, conditions specifications, and drawings of tender CL2020-25. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Bid Summary Page 128 Municipality of Clarington Page 4 Report Purchasing Services-021-20 Attachment 1: Bid Summary Municipality of Clarington CL2020-25 2020 Roadside Protection – Various Locations Bid Summary BIDDER Total Bid (including HST) TOTAL BID (Net HST Rebate) Peninsula Construction Inc. $537,995.83 $484,481.90 Tower Construction $606,832.60 $546,471.55 Royal Fence Limited $609,274.81 $548,670.84 Page 129 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-022-20 Meeting Date: December 31, 2020 Report Date: August 17, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: CL2015-30 Report Subject: Sidewalk Snow Clearing Contract Extension - Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1.That the Purchasing Manager in consultation with the Director of Public Works be given the authority to extend contract CL2015-30 Sidewalk Snow Clearing for an additional one year term; 2. That 2262728 Ontario Ltd. O/A BJ Flint & Sons be awarded a contract for the 2020-2021 winter season for an approximate value of $693,499.51 (Net HST Rebate); and 3.That the funds required for the additional term be funded from the Municipality’s respective operating accounts. Page 130 Municipality of Clarington Page 2 Report Purchasing Services-022-20 1. Background 1.1 In 2015 Council approved the award of contract CL2015-30 for snow clearing requirements at Municipal sidewalks, parking lots, bus stops, laneways and trails in Bowmanville, Courtice and Newcastle (please refer to the link below.) The contract was shared between B&D Tractor Services for the Bowmanville area and BJ Flint & Sons for the Newcastle and Courtice areas. (https://weblink.clarington.net/weblink/0/doc/76109/Page1.aspx) 1.2 Each contract was for an initial one-year term with the option to extended up to four additional one-year terms, expiring April 2020. 1.3 Due to a number of delays including the retirement of a key staff member that had responsibility for sidewalk snow clearing in the then Operations Department and issues having the required snow removal maps updated, the proposed revised specifications and maps were not prepared in time for the 2020-2021 winter season. As a result of this delay and after consulting with the Director of Public Works, staff in the Purchasing Division reached out to the incumbent snow contractors in an effort to obtain pricing for this winter season. During the initial review process, it was becoming evident that there are many locations throughout the Municipality that we are currently clearing which are the responsibility of the landowner as per By-Law 93-144. After reviewing all the current maps, it was determined that approximately 14km of sidewalk could be removed from the Municipalities responsibility and would require the assistance of Municipal By-law to enforce these changes. This would present an annual cost savings of approximately $36,000 per year. 1.4 B&D Tractor Services advised that they were not able to extend the Bowmanville area contract for an additional term because of the investment required for them to purchase needed equipment. BJ Flint & Sons agreed to the Newcastle and Courtice areas one- year extension. BJ Flint & Sons was not interested in taking on the Bowmanville area as part of their sidewalk snow clearing contract due to the investment required to purchase the needed equipment. 1.5 The Purchasing Division then contacted three additional snow clearing companies in an effort to obtain pricing for the Bowmanville area sidewalk snow clearing requirements for this winter season. In summary, of the five companies that were contacted for pricing: Four companies (including the two incumbent providers) had already entered into contractual agreements for the 2020-2021 winter season and were too small and/or lacked capacity to take on our Bowmanville area contract and did not provide pricing; Page 131 Municipality of Clarington Page 3 Report Purchasing Services-022-20 One company had already entered into contractual agreements for the 2020-2021 winter season and expressed a willingness to take on the work, however the price quoted was not within Public Works’ snow clearing budget. 1.6 Based on these results, consideration was given to reduce the size of the Bowmanville area sidewalk snow clearing contract or for the Public Works Department to take on some or all of the work, however, after consultation with the Public Works Department none of these options were feasible. 1.7 Staff again approached the two incumbent providers BJ Flint & Sons and B&D Tractor Services for their consideration of the Bowmanville area snow clearing work. BJ Flint & Sons advised that for them to take on the Bowmanville area work it would mean an investment in additional equipment and staff. The other incumbent B&D Tractor Services did not demonstrate any meaningful interest in taking on any of the work. With the winter season approaching it was decided that the best course of action was to negotiate with BJ Flint & Sons in an effort to secure a commitment for the 2020-2021 sidewalk snow clearing contract. 1.8 BJ Flint & Sons agreed to take on all parts of the Bowmanville area sidewalk snow clearing contract except for the laneway work at a price within the Public Works’ snow clearing budget. The laneway snow clearing portion of the Bowmanville area contract will be completed internally by the Public Works Department with an approximate savings of $35,000 annually. 1.9 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures 2. Analysis 2.1 This contract extension falls within the 2019-2020 snow clearing budget. 2.2 Staff have reviewed and given the constraints and the limited availability of snow clearing companies who can manage a contract of this size, are of the opinion that the price is fair and reasonable. 2.3 A new tender will be issued for a multi-year sidewalk snow contract in early 2021. 3. Financial 3.1 The estimated cost for this service is $693,500 (Net HST Rebate). The actual cost will vary depending on the types and number of call outs required throughout the winter season. Page 132 Municipality of Clarington Page 4 Report Purchasing Services-022-20 3.2 The expended funds required will be funded from the Municipality’s respective operating accounts. 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that approval be granted to extend contract CL2015-30 Sidewalk Snow Clearing for an additional term and that this contract be awarded to BJ Flint & Sons. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Not Applicable Page 133 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-023-20 Meeting Date: December 31, 2020 Report Date: August 21, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: CL2020-27 Report Subject: Pavement Rehabilitation - Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: 1. That D. Crupi & Sons Limited with a total bid amount of $1,382,956.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2020-27 be awarded the contract for the replacement of the asphalt road surface or pavement preservation treatments as required by the Municipality for various municipal locations. 2.That total funds required for this project in the amount of $1,472,059.70 (Net HST Rebate), which includes the construction cost of $1,382,956.00 (Net HST Rebate) and other costs including such as material testing, inspection and contract administration, permits and contingencies in the amount of $89,103.70 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts: Description Account Number Amount Pavement Rehabilitation Program (2020 Budget) 110-32-330-83212-7401 $476,213 OCIF (2020 Budget) 110-32-330-83212-7401 845,847 Rural Road Rehabilitation Program (2020 Budget) 110-32-330-83680-7401 150,000 Page 134 Municipality of Clarington Page 2 Report Purchasing Services-023-20 1. Background 1.1 Tender specifications for the replacement of the asphalt road surface or pavement preservation treatments and associated repairs for various municipal locations were prepared by the Public Works Department and provided to the Purchasing Services Division. 1.2 Tender CL2020-27 was prepared and issued by the Purchasing Services Division. The tender was posted electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association’s website. 1.3 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures 2. Analysis 2.1 The tender closed August 7, 2020. 2.2 Twenty companies downloaded the tender document. Four submissions were received by the stipulated closing time. 2.3 The Municipality contacted the sixteen companies who chose not to respond to inquire as to why they chose not to submit a bid. Their responses are as follows: One company was an association for distributing the tender document to its members; One company advised that after reviewing the document they were not able to take on the project due to their current workload; One company advised that after reviewing the tender document that the project was too far; Five companies advised that they downloaded the document with the interest of being a sub-contractor for the project; and Eight companies contacted did not respond to the Municipality’s request for information. 2.4 The four bids received were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). All submissions were deemed compliant. 2.5 The bid results were forwarded to the Public Works Department for their review and consideration. Page 135 Municipality of Clarington Page 3 Report Purchasing Services-023-20 2.6 After review, analysis and discussions, it was mutually agreed by the Public Works Department and the Purchasing Services Division that the low bidder, D. Crupi & Sons Limited, be recommended for the award of tender CL2020-27. 2.7 D. Crupi & Sons Limited has successfully completed work for the Municipality in the past, however, as the project was different reference checks were completed. Three references were contacted and all provided satisfactory references. 3. Financial 3.1 The total funds required for this project in the amount of $1,472,059.70 (Net HST Rebate), which includes the construction cost of $1,382,956.00 (Net HST Rebate) and other costs including such as material testing, inspection and contract administration, permits and contingencies in the amount of $89,103.70 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts: Description Account Number Amount Pavement Rehabilitation Program (2020 Budget) 110-32-330-83212-7401 $476,213 OCIF (2020 Budget) 110-32-330-83212-7401 845,847 Rural Road Rehabilitation Program (2020 Budget) 110-32-330-83680-7401 150,000 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that D. Crupi & Sons Limited being the lowest compliant bid be awarded the contract for the 2020 Pavement Rehabilitation – Various Locations in accordance with all the terms, conditions specifications, and drawings of tender CL2020-27. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Bid Summary Attachment 2 – Memo from Public Works re Award Page 136 Municipality of Clarington Page 4 Report Purchasing Services-023-20 Attachment 1 – Bid Summary Municipality of Clarington CL2020-27 2020 Pavement Rehabilitation – Various Locations Bid Summary BIDDER Total Bid (including HST) TOTAL BID (Net HST Rebate) D. Crupi & Sons Limited $1,535,711.75 $1,382,956.00 Dufferin Construction $1,644319.94 $1,480,761.04 Coco Paving Inc. $1,652,264.81 $1,487,915.64 Ashland Construction Group Ltd. $1,864,106.65 $1,678,685.77 Page 137 Attachment 2 Page 138 Page 139 Page 140 Page 141 Report Purchasing Services If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Purchasing Services-024-20 Meeting Date: December 31, 2020 Report Date: August 25, 2020 Submitted By: David Ferguson, Purchasing Manager Reviewed By: Andrew C. Allison, CAO File Number: CL2020-26 Report Subject: Supply and Delivery of Winter Sand - Summer Recess Procedure (Purchasing By-Law 2015-022 S.73) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1.That Kawartha Capital Construction with an estimated total bid amount of $713,760 (Net HST Rebate) for the initial three-year term being the lowest compliant bidder meeting all terms, conditions and specifications of CL2020-26 be awarded the contract for the Supply and Delivery of Winter Sand as required by the Public Works Department; 2.That pending satisfactory performance, the Purchasing Manager, in consultation with the Director of Public Works, be given the authority to extend the contract for this service for up to two additional one-year terms; and 3.That the estimated funds required for the first-year term in the amount of $237,920 (Net HST Rebate) be funded by the Municipality as provided. The estimated funds required for the second and third-year terms will be included in future budget accounts. The funding required for the initial one-year term will be funded from the following account: Description Account Number Amount Winter Sand 100-36-383-10300-7112 $237,920 Page 142 Municipality of Clarington Page 2 Report Purchasing Services-024-20 1. Background 1.1 Tender specifications for the supply and delivery of winter sand were prepared by the Public Works Department and provided to the Purchasing Services Division. 1.2 Tender CL2020-26 was issued by the Purchasing Services Division and advertised electronically on the Municipality’s website. Notification of the availability of the document was also posted on the Ontario Public Buyer’s Association website. 1.3 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2015-022 Part 2 Section 73, Council Recess Procedures. 2. Analysis 2.1 The tender closed on July 30, 2020. 2.2 Six plan takers downloaded the tender document. Four submissions were received by the stipulated closing time. 2.3 The two companies who downloaded the tender document but chose not to submit pricing did not reply with a response for our request for information. 2.4 The bids were reviewed and tabulated by the Purchasing Services Division (see Attachment 1) and all bids were deemed compliant. The results were forwarded to the Public Works Department for their review and consideration. 2.5 After review and analysis by the Public Works Department and the Purchasing Services Division, it was mutually agreed that the low compliant bidder, Kawartha Capital Construction be recommended for the award of tender CL2020-26. The bid reflects a significant reduction in pricing compared to previous years. 2.6 Kawartha Capital Construction has not completed work for the Municipality of Clarington. References were checked and came back satisfactory. 3. Financial 3.1 The estimated funding required for the initial three-year term is $713,760 (Net HST Rebate). The funding required for the first-year term is $237,920 (Net HST Rebate) and is in the 2020 approved budget allocation as provided. The estimated funding required for the second and third-year terms will be included in future budget accounts. The funding required for the initial one-year term will be funded from the following account: Page 143 Municipality of Clarington Page 3 Report Purchasing Services-024-20 Description Account Number Amount Winter Sand 100-36-383-10300-7112 $237,920 3.2 Pricing submitted for the Supply and Delivery of Winter Sand is to remain firm for the first year of the contract. As the contract is extended for additional years, the unit prices would be adjusted on the anniversary date of the contract award by the annual percentage change in the most recent issuance of the Consumer Price Index (CPI), All Items, Ontario as published by Statistics Canada and the pricing will remain firm for the contract year. 3.3 The total estimated contract for the three years plus two optional years is approximately $1,189,600 (Net HST Rebate). 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Kawartha Capital Construction being the lowest compliant bidder be awarded the contract for the supply and delivery of winter sand per the terms and conditions of CL2020-26. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Bid Summary Page 144 Municipality of Clarington Page 4 Report Purchasing Services-024-20 Attachment 1: Bid Summary Municipality of Clarington Summary of Bid Results CL2020-26 Supply and Delivery of Winter Sand Bidder Three-Year Total Bid (Net HST Rebate) Potential Five-Year Total Bid (Net HST Rebate) Kawartha Capital Construction $713,759.90 $1,189,599.84 Glenn Windrem Trucking $956,976.48 $1,594,960.80 Halton Crushed Stone $991,167.84 $1,651,946.40 Central Sand & Gravel $1,245,542.40 $2,075,904.00 Page 145 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 28, 2020 Report Number: FND-033-20 Submitted By: Trevor Pinn, Director of Finance/Treasurer Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: Resolution#: Report Subject: Financial Update as at June 30, 2020 Recommendation: 1. That Report FND-033-20 be received for information. Page 146 Municipality of Clarington Page 2 Report FND-033-20 1. Background Quarterly Reporting 1.1 The Budget Policy outlines a requirement for the Treasurer to report to Council on a quarterly basis each year starting with the second quarter. This report fulfills that reporting requirement. New Format for Quarterly Report 1.2 In an effort to improve the usefulness of the information, and consistency of format with the annual budget, the quarterly report is attached to this report as Attachment #1. Each department is broken down by sub-department with the expenses grouped together similar to the requirements for financial reporting and the 2020 annual budget. 1.3 Where there are key variances, these have been identified and are expanded upon for Council’s, and the public’s, information. 1.4 This report is solely for operating expenses, Finance will be reporting separately in October/November on the capital budget. The capital budget will be reported on semi - annually, once in the fall which captures the “construction season” to September 30th, and once in the spring which summarizes the prior year’s activities. 2. Impact of COVID-19 2.1 Where appropriate, the impact of COVID-19 has been identified and discussed in Attachment #1. 2.2 In August 2020, the Province of Ontario announced funding for the Safe Rest art Program. The Municipality is receiving approximately $2.1 million through phase 1 of Report Overview The COVID-19 pandemic has had a lasting impact on the Municipality of Clarington. It has changed the way in which we provide services (a strong movement towards online services), work, and live. The Municipality’s most significant financial impact has been the reduction of services in Community Services. This resulted in almost no revenue in the second quarter as programs and facilities were shut down. The Municipality was able to mitigate these losses and at the end of June 30, 2020 we are trending positively despite seeing reductions in investment revenue. The attached report provides information on the variances by service area with anec dotal commentary where appropriate. Page 147 Municipality of Clarington Page 3 Report FND-033-20 this program, additional funding would be through an application process due in the fall 2020. At September 16, 2020, details of the program are still forthcoming. 2.3 Currently, all we know from the funding announcement is that the funding under this program is to provide support for expenses and pressures associated with COVID -19. If the Municipality is unable to account for all of the funds received, it must be put into a reserve fund and can be utilized in 2021 for COVID-19 related expenses and pressures. 2.4 Staff believe that the following may be an example of qualifying expenditures: a. Incremental wage and benefit costs for hours directly related to COVID -19 responses. This may include by-law enforcement costs as a result of increased enforcement of the Province of Ontario emergency orders; b. Purchase of personal protective equipment to respond to the pandemic, in excess of regular PPE; c. Costs associated with increased cleaning of facilities and equipment; d. Small capital purchases for the improvement of public safety (barriers at facilities for customer service areas, or to restrict entry to areas not allowed open under the emergency orders) or increase signage to communicate to the public (signs for closures of parks, reminders of social distancing); e. Lost penalties and interest from property tax waivers; and f. Lost revenues for programs prohibited by Provincial Orders, or reduced capacity as a result of restarting. 2.5 We are waiting on clarification if lost interest revenue from investments, which are a result of the economic downturn, would be eligible. As well, it is uncertain if the Municipality’s mitigation steps are to be considered before the attribution of the Provincial funding or afterwards. This has a significant impact on how the funds can be attributed. 3. Concurrence Not Applicable. Page 148 Municipality of Clarington Page 4 Report FND-033-20 4. Conclusion It is respectfully recommended that the report be received for information. Staff Contact: Trevor Pinn, Director of Finance/Treasurer, 905-623-3379 ext. 2602, tpinn@clarington.net Attachments: Attachment 1 – Financial Update for the Period Ending June 30, 2020 Interested Parties: There are no interested parties to be notified of Council's decision. Page 149 Financial Update as at June 30, 2020 Attachment 1 to Report FND-033-20 Page 150 Financial Update for the period ending June 30, 2020 (unaudited) This report is to provide Council with an update on the Municipality of Clarington’s financial activity through the first and second quarter of 2020 and to compare it with the same period in 2019. This report will provide a financial overview of budget variances as of June 30, 2020, and essential non-financial functions of the Municipality such as service level achievements or deficits that have been realized within the reported quarter, a review of COVID -19 impacts and department initiatives. COVID-19 Implications Since the beginning of the COVID-19 pandemic three reports have been provided to Council regarding the financial impacts to the Municipality and the steps taken to provide financial support to the community. These include:  Property Tax Relief program Property Tax Relief - FND-007-20  Financial support program options Financial Support program Options - FND-008-20  Financial support program options-Update COVID-19 Financial Support Update - FND-018-20 The largest financial impact to the Municipality to the end of June 30, 2020 related to the closure of recreation facilities and programming. Whereas some municipalities provide public transit, in Durham Region the transit system is an upper tier responsibility and therefore did not directly impact the Municipality. Steps taken to date have mitigated the lost revenue from recreation programming closures; it is anticipated that as the Municipality reopens that the financial impacts of COVID-19 on the Municipality will be felt greater than in the early stages of the pandemic. To the end of June 30, 2020, the Municipality provided approximately $200,000 in interest and penalty relief through the waiving of interest and penalties in May and June. A $100,000 grant program for not -for-profit organizations was created Page 151 and grants were provided in the third quarter. Not-for-profit organizations which rent facilities from the Municipality were provided rent relief for the closure period to assist them in their cost containment measures, and to recognize the impact that facility closures had on their operations. The Province of Ontario and the Government of Canada have committed to providing $2.1 million in f unding to the Municipality in the third quarter to mitigate COVID-19 expenses and pressures. While not identified, it is anticipated that this will help offset the lost revenue anticipated as we reopen recreational programming. A second phase has been promised; however, this phase will be application based and provided to those municipalities with the greatest needs. Taxes Receivable/Collected Taxes receivable looks a little different this year with the impact of COVID -19 affecting all aspects of our business process. The first quarter tax revenue totaled $45,801,251 which is on trend with prior years. The second quarter saw $45,736,690 in tax revenue. This amount is less than prior years’ as, per Council’s direction, the June installment of the final tax bill was moved to July to provide COVID-19 relief to our taxpayers. Further tax relief efforts occurred in the second quarter by waiving the May and June penalties. At the end of the second quarter, the amount of taxes outstanding compared to what has been billed is in a unique credit balance. This variance is primarily a result of the June installment being delayed to July while our monthly pre-authorized payments (PAP) continued as normal. Accounts have more of a credit at June 30 this year, than in previous years; however, by July 31, 2020 this would correct itself . Grants In the second quarter a grant from the Canadian Parks and Recreation Association (CPRA) was received to deliver Women’s Learn to Play Pickleball. These funds will be used to pay for instructor wages and some supplies. As a result of the COVID-19 pandemic impacting our ability to provide the program, an extension of the program due date was granted. Page 152 Kendal Community Centre will see accessibility renovations with funds received as part of the Canadian government’s Enabling Accessibility Fund. The grant funds will be used for the removal and replacement of the front doors and installation of new power assist operators. This project will get start in the fall of 2020. A grant from Federation of Canadian Municipalities (FCM) was received to support Clarington’s participation in the Municipalities for Climate Innovation Program (MCIP). The MCIP supports municipalities in developing a response to climate change that protects residents, the environment and the economy. Funds received from the program are subsidizing the Climate Change Response Coordinator position, who is working with the Interdepartmental Climate Change Working Group to develop the Clarington Climate Action Plan and other climate initiatives in the Municipality. Development Charges Collected Residential and non-residential development charges collected as of June 30, 2020, was $4,938,362. As of June 30, 2020, residential municipal development charges collected were $4,599,750 compared to $2,840,164 in 2019. In the 2015 Development Charges Background Study, it was forecasted that the Municipality would be collecting approximately 823 units in total for 2020, or about 412 units at the end of the second quarter. Development charges have been collected for 295 units as at June 30, 2020. The development charges are significantly higher compared to 2019 due to the increased volume of permits issued in 2020. It has been noted that deck and renovation permits have increased this year, possibly as a result of COVID-19. Staff attribute this increase to taxpayers wanting to improve their homes/yards since they are spending more time at home. There have been a few large permits issued for townhouses, stacked townhouses and single detached dwellings. Page 153 Municipality of Clarington - Municipal Development Charges January 1 to June 30, 2020 Residential 2020 2019 Municipal Development Charges Paid Number of Units Municipal Development Charges Paid Number of Units Single/Semi- Detached New construction $2,322,094 129 $611,332 35 Additions - - - - Townhouse 2,277,656 166 525,440 40 Apartment - - - - Total Residential $4,599,750 295 $1,136,772 75 Change in DC paid from prior year: 304.6% Change in DC units from prior year: 293.3% Non-residential 2020 2019 Municipal Development Charges Paid Municipal Development Charges Paid Commercial New construction $4,128 $255,269 Additions - - Industrial New construction 334,484 Additions - - Agricultural - - Government - - Institutional - - Total Non-residential $338,612 $255,269 Change in DC paid from prior year: 32.6% Page 154 Municipal Development Charge Incentives In the 2015 Development Charges By-law 2015-035, there are several incentives to encourage development in Clarington. These incentives mainly relate to multi-residential, commercial and industrial development. Since July 2015, there has been a total of $1,555,277 in development charge incentives given to 15 properties. The split is approximately 37% and 63% respectively between residential and non-residential properties. Note that discretionary incentives are required to be covered by the Municipality’s tax base. There have been no new incentives given in 2020 as of June 30, 2020. Investments The Manager of Internal Audit provides a quarterly compliance memo to the CAO and the Treasurer. Below are the highlights of this memo for the period ending June 30, 2020. Investments by Institution The compliance calculations include the reserve fund bank account as it’s not used for ongoing operations and is considered available for investing. The general fund TD bank account is used for the ongoing operations and are consider as “required immediately” and therefore are not eligible for investing, it is not included in the compliance calculations. Page 155 Table 1 Investments by institution Total Funds % of Total Minimum Range Maximum Range TD Bank - Savings $ 24,957,060 23.2% 0% 100% ONE - HISA 10,051,986 9.3% 0% 100% ONE - Equity 500,000 0.5% 0% 15% ONE - Bond 4,234,327 3.9% 0% 15% ONE - Corporate Bond - 0.0% 0% 15% RBC 12,639,148 11.7% 0% 20% RBC - HISA 71,129 0.1% 0% 100% National Bank 8,805,845 8.2% 0% 20% BNS 13,688,006 12.7% 0% 20% BMO 17,081,384 15.8% 0% 20% HSBC 5,543,553 5.1% 0% 20% TD Bank 7,841,449 7.3% 0% 20% Prov BC 2,369,686 2.2% 0% 20% $ 107,783,572 100.0% The Municipality was compliant with all restrictions on investment with individual institutions. Page 156 Investments by Term Table 2 Term of investment Total Funds % of Total Minimum Range Maximum Range 90 Days $ 43,780,756 40.6% 20% 100% 90 Days to 1 Year 11,687,465 10.8% 51.5% 30% 100% 1 to 5 Years 38,994,171 36.2% 0% 85% 5 to 10 Years 8,479,731 7.9% 0% 50% 10 to 20 Years 4,841,449 4.5% 0% 30% $ 107,783,572 100.0% The Municipality was compliant with the stated term length restrictions. There is a significantly high component that is less than 90 days, this is due to the One Fund HISA and TD reserve bank investments which are immediately accessible and thereby highly liquid. Since the pandemic started, interest rates have dropped significantly to the point where GICs have a lower return than the HISA. As it is not advisable to lock in funds for a lower return than liquid funds, the Municipality has been increasingly utilizing HISA accou nts and the ONE Fund portfolios to invest. Page 157 Investments by Type Table 3 Type of Investment Total Funds % of Total Minimum Range Maximum Range HISA $ 35,080,175 32.5% 0% 100% Federal Debt - 0.0% 0% 100% Provincial Debt 2,369,686 2.2% 0% 80% Municipal Debt 299,454 0.3% 0% 35% Financial Institutions 65,299,930 60.6% 0% 60% Corporate Debt (non-financial) - 0.0% 0% 10% ONE Investment Pools 4,734,327 4.4% 0% 25% $ 107,783,572 100.0% As of June 30, 2020, the Municipality was not compliant with the restrictions for the investment types as defined in the Municipal Investment Policy. At the beginning of the pandemic in Ontario and as a result of emergency orders, there was some uncertainty whether the One Fund investments would remain accessible. As a result, the bulk of the One Fund HISA account ($23,700,000) was transferred to the TD general fund bank account. In the second quarter (April), business started coming around to a new normal and the One Fund did remain accessible. On June 24, 2020 $10,000,0000 was transferred back to the One Fund HISA and a subsequent transfer of $5,000,000 was completed on July 3. 2020. If the transfer on July 3 of $5 million is included in the Type of Investment calculations, the percentages are within the allowable ranges of the investment policy. This transfer back to the One Fund HISA brings the Municipality back into compliance as of July 3, 2020. It is the Treasurer’s opinion that while the funds were in the operating bank account they were not immediately required and therefore should be included in the calculation of investable funds. Staff will be reviewing the wording of the Page 158 investment policy and providing an update to Council with guidance on determining what fund s should be considered available for investment. Staffing Updates There were 543 staff (including those on a leave – not COVID-19 related) as of June 30, 2020. Prior to COVID-19, there were 809 employees which includes Mayor and Council (7), temporary staff, volunteer firefighters and employees on leave (this does not include Library or Museum). On April 5, 2020 as a result of COVID-19, 339 part time staff (including crossing guards) were placed on a declared emergency leave (DEL) as our facilities and schools were closed. Part-time staff started returning at the end of June and July 2020. There were six retirements from January to June 2020. Page 159 Municipal Operating Revenues and Expenses Overview - Financial Results This financial update report to Council has been redesigned to focus on (unaudited) overall budget variances for the period ending June 30, 2020. The reporting has expanded to show budget to actual variances by sub -department. The department summaries indicate the status of the Municipality’s operating accounts compared to the approved budget as of June 30, 2020. Many of the operations of the Municipality are impacted by seasonal trends such as ice rentals and winter control. The timing of other activities can fluctuate from year to year such as legal and planning revenues. To best capture the trends, the budget is allocated on a monthly basis based on the prior year’s actual monthly distribution. In cases where there is no prior history, the monthly allocation is divided equally over the twelve months. Due to timing differences, variations from quarter-to-quarter as well as year-to-year exist and therefore, this statement cannot be used in isolation, nor can it be easily extrapolated to predict the whole year’s activities. Each department is responsible for its budget. To assist with the management of the budget, monthly trial balances are sent by the Finance Department to each department for regular review.. The Summary of Operating Revenues and Expenditures compares the Municipality’s budget to actual transactions as of June 30, 2020, reflecting financial activity through the first and second quarters of 2020 and comparing it with the same period in 2019. The tables below reflect the Municipality’s operating budget only and exclude the year to date financial activities of the library, museum and BIA’s. Page 160 Revenue and Expense Categories Revenues and expenses are categorized based on their purpose and similarities. Revenues Levies Estimated taxation, supplementary taxation, and payments-in-lieu of taxation received. These funds may be collected on behalf of the Region of Durham, the Province of Ontario or a school board and are remitted to the specific agency. Provincial Grants and Subsidies Grants received from the Province of Ontario for specific functions such as the Ontario Community Infrastructure Fund or specific grant projects. Federal Grants and Subsidies Grants received from the Government of Canada for specific functions such as the Federal Gas Tax Fund or specific grant projects. User Fees Fees for services including, but not limited to, facility rentals, cemetery fees, application for planning and building permits, recreational programming. Licensing and Lease Revenue Licensing fees such as taxi licensing and lease revenues for the long-term lease of municipal facilities and property. Investment Income All investment income earned by the Municipality through its investment holdings, bank account balances and investment in Elexicon. Contributions from Reserves Contributions from reserves and reserve funds for specific purposes, as identified within the budget. This is an internal source of funding and may be originally sourced from taxation, grants or user fees. Other Revenues Any revenue that is not otherwise categorized. Page 161 Expenses Salaries and Benefits Compensation for all employees such as salaries, wages, benefits, overtime, allowances and statutory benefits. Materials Includes items such as office supplies, salt and sand, gravel, insurance costs, phone costs and other general expenses. Rent and Financial Costs Bank charges, debit and credit card charges, cost of rental equipment and facility rentals for the Municipality. Purchase/Contracted Services Items that are outsourced, such as professional services, winter clearing and IT software as a service. Debt Repayment Interest on debt repayments to external parties Grants and Transfer Payments Grants provided to community groups, external boards and agencies and levies from other organizations. Contributions to Reserves and Reserve Funds Contributions from the general fund for the Municipality’s reserves and reserve fund Page 162 Mayor and Council Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 100 Mayor Expenditures Salaries, Wages & Benefits $203,354 $141,318 $126,506 $250,702 43.6% Materials & Supplies $26,128 $10,869 $35,512 $61,867 82.4% 105 Council Expenditures Salaries, Wages & Benefits $260,938 $202,719 $216,938 $433,124 53.2% Materials & Supplies $2,544 $841 $6,507 $9,070 90.7% 106 Ward Council Expenditures Materials & Supplies $14,927 $15,168 $20,300 $38,300 60.4% 107 Regional Council Expenditures Materials & Supplies $14,857 $11,037 $12,952 $24,000 54.0% Total Mayor & Council $522,748 $381,952 $418,715 $817,063 53.3% Highlights The annual AMO conference that Mayor and members of Council usually attend was held virtually this year due to COVID-19. Costs for the AMO conference are included in the above table as the charges were not reversed until July 2020. Page 163 Administration Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 000 Unassigned Expenditures Materials & Supplies $362,212 $360,600 $364,934 $366,600 1.6% 130 Admin Expenditures Salaries, Wages & Benefits $268,317 $301,900 $304,286 $594,903 49.3% Materials & Supplies $14,544 $5,711 $18,359 $59,700 90.4% Contracted Services $17,480 ($5,063) $64,889 $90,000 105.6% 170 Communication Revenue User Charges ($27,280) ($18,425) ($26,278) ($45,000) 59.1% Expenditures Salaries, Wages & Benefits $304,701 $307,817 $326,947 $645,631 52.3% Materials & Supplies $60,758 $43,231 $73,876 $124,400 65.2% Contracted Services $54,392 $38,829 $58,348 $102,725 62.2% 171 Tourism Revenue User Charges ($22,080) Expenditures Salaries, Wages & Benefits $110,266 $116,666 $123,558 $244,544 52.3% Materials & Supplies $29,643 $21,908 $39,715 $80,750 72.9% Contracted Services $5,456 $4,482 $1,727 $32,085 86.0% Page 164 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 385 Environmental Revenue User Charges ($39,730) ($59,202) ($41,750) ($83,500) 29.1% Expenditures Materials & Supplies $3,500 $3,500 100.0% Contracted Services $25,457 $45,333 $34,164 $80,000 43.3% Total Administration's Office $1,164,136 $1,163,787 $1,346,275 $2,296,338 49.3% Highlights Unassigned The percentage of unexpended funds indicates that the materials and supplies actuals are reaching the end of their budget allocations; however, there are only two accounts rolled up into this category for this sub-department. The full value of the 2020 Operating Grant for the Board of Trade was distributed out of one of these accounts, while the full balance of the budget for the Volunteer Recognition Program remains unspent. Due to COVID-19, this year’s volunteer recognition event will not go forward but will likely continue in 2021. Admin Contracted Services under the Admin sub-department is not underspent by 5.6%, there was an accounting accrual at the end of 2019 that overstated the actuals and this left 2020 understated. This is an isolated event and will not affect 2021. Page 165 Legal Services Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 130 Admin Revenue User Charges ($26,805) ($27,228) ($23,461) ($58,000) 53.1% Transfer between Funds ($35,000) Expenditures Salaries, Wages & Benefits $180,298 $191,685 $183,488 $358,991 46.6% Materials & Supplies $21,734 $17,831 $18,848 $37,800 52.8% Contracted Services $13,293 $31,744 $15,551 $165,000 80.8% Total Legal Admin $153,520 $214,032 $194,426 $503,791 57.5% Highlights There were no items of interest to highlight for the period ending June 30, 2020 for Legal Services. Page 166 Corporate Services Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 130 Admin Revenue User Charges ($201) ($12,000) 100.0% Expenditures Materials & Supplies $101,549 $87,107 $105,480 $224,850 61.3% 160 HR/Payroll Expenditures Salaries, Wages & Benefits $969,714 $553,554 $995,582 $1,542,249 64.1% Materials & Supplies $5,096 $3,119 $5,215 $6,600 52.7% Contracted Services $15,931 $14,404 $14,366 $81,500 82.3% Rents/Financial Expenses $57,523 $52,506 $66,141 $130,000 59.6% 162 IT Expenditures Salaries, Wages & Benefits $681,608 $697,751 $722,766 $1,417,707 50.8% Materials & Supplies $4,919 $1,030 $3,837 $5,000 79.4% Contracted Services $7,115 $2,335 $2,979 $15,000 84.4% Transfers from RES / RF / CAP Fund $110,000 $670,500 $670,500 $670,500 Reclass: CF (NON-TCA) to GF $358,454 $553,387 $317,648 $437,500 (26.5%) 163 Purchasing Expenditures Salaries, Wages & Benefits $313,136 $316,678 $320,555 $632,025 49.9% Materials & Supplies $2,924 $1,924 $3,743 $4,890 60.7% Page 167 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 165 Health & Safety Expenditures Materials & Supplies $1,470 $3,367 $11,127 $18,075 81.4% Contracted Services $2,656 $3,000 $3,000 100.0% Transfers from RES / RF / CAP Fund $2,500 $2,500 $2,500 Total Corporate Services $2,631,894 $2,960,162 $3,245,439 $5,179,396 42.8% Highlights Information Technology (IT) Capital fund to general fund transfers require a deferral entry that is not captured in the timing of this report. The adjustment will be reflected in the next quarterly update. Software maintenance account will move towards the edge of their budget in th e second quarter as there have been several changes made regarding Microsoft licensing. Additional IT costs related to COVID-19 have been seen in Council refurbishment for remote participation, refurbished laptops, headsets for Teams meetings and large monitor purchases. It is anticipated that these expenditures will be eligible for the COVID-19 funding provided by the Province of Ontario. Deferred expense entries have not yet been processed , which explains the overage of 26.5% in the table above. Page 168 Human Resources/Payroll Legal expenses are less than expected due to a general reduction in grievances. Upcoming CUPE negotiations may result in the use of these funds. Travel has decreased due to COVID-19 with many meetings and conferences moving to virtual online events. Page 169 Legislative Services Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 000 Unassigned Revenue User Charges ($200) ($200) 100.0% 130 Admin Revenue User Charges ($56,745) ($50,782) ($61,498) ($118,800) 57.3% Expenditures Salaries, Wages & Benefits $557,760 $477,902 $589,532 $1,163,744 58.9% Materials & Supplies $29,729 $22,473 $42,732 $93,910 76.1% Contracted Services $6,427 $13,110 $5,594 $10,800 (21.4%) Transfers from RES / RF / CAP Fund $15,000 $19,500 $19,500 $19,500 190 Animal Services Revenue User Charges ($49,316) ($51,042) ($40,819) ($87,800) 41.9% Expenditures Salaries, Wages & Benefits $269,395 $186,720 $219,773 $433,420 56.9% Materials & Supplies $22,541 $23,558 $25,546 $65,825 64.2% Contracted Services $26,333 $35,963 $23,859 $55,000 34.6% Transfers from RES / RF / CAP Fund $8,638 $8,429 $7,000 $7,000 (20.4%) 191 Municipal Law Enforcement Revenue User Charges ($35,252) ($11,270) ($24,478) ($28,000) 59.8% Fines/Penalties on Interest ($14,122) ($8,725) ($10,869) ($25,000) 65.1% Page 170 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % Expenditures Salaries, Wages & Benefits $236,203 $364,803 $429,504 $845,402 56.8% Materials & Supplies $7,102 $6,348 $21,227 $33,700 81.2% Contracted Services $34,178 $16,353 $30,255 $54,100 69.8% 192 Parking Enforcement Revenue User Charges ($71,719) ($33,736) ($38,687) ($80,000) 57.8% Fines/Penalties on Interest ($223,878) ($92,509) ($124,783) ($250,000) 63.0% Expenditures Salaries, Wages & Benefits $174,432 $182,141 $203,327 $409,462 55.5% Materials & Supplies $5,528 $4,403 $8,492 $24,840 82.3% Contracted Services $6,040 $3,933 $7,070 $10,000 60.7% Rents/Financial Expenses $5,379 $3,466 $4,515 $10,000 65.3% Transfers from RES / RF / CAP Fund $295,597 $126,245 $330,000 $330,000 61.7% 193 Election Revenue User Charges $529 Expenditures Salaries, Wages & Benefits $271 Materials & Supplies $1,227 Contracted Services $3,943 $3,943 $69,000 $69,000 94.3% Rents/Financial Expenses $1,755 Transfers from RES / RF / CAP Fund $125,000 $125,000 $125,000 $125,000 230 Grants Revenue Grants ($6,218) ($660) ($4,955) ($22,000) 97.0% Page 171 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 250 Contributions Revenue Transfer between Funds ($442,231) 326 Cemetery Revenue User Charges ($66,900) ($75,860) ($155,078) ($258,100) 70.6% Expenditures Materials & Supplies $1,800 100.0% 388 Fleet Expenditures Materials & Supplies $16,611 $14,854 $18,964 $33,750 56.0% Total Legislative Services $1,325,468 $872,329 $1,719,523 $2,926,353 70.2% Highlights Clerk’s (Administration) It is notable here that the contracted services actuals are over budget by 21.4%, which can be narrowed down to overages in the professional fees account. The budget requirements for this account differ from year to year as there are many factors that can create variances. In 2020 there have been additional fees from eScribe with the remote webcasting peak due to COVID-19; it is anticipated that these expenses would be eligible for Provincial funding . As well, a large investigation through the Ombudsman and Integrity Commissioning occurred in the first half of the year. Page 172 Clerk’s are on track to see savings in travel, miscellaneous operating supplies and office supplies. Animal Services The transfers to the reserve funds increased due to animal service donations, these donations are recorded as revenue in the animal services cap reserve fund. This is a common practice and is seen year over year. Parking Enforcement There is a noted decrease of fines and meter revenue for the second quarter due to refocus of duties and leniency provided throughout the pandemic. This trend will continue into the third quarter. Cemetery Cemetery revenues are lower than expected in the second quarter. Bondhead cemetery, however has seen an increase in revenue. Construction for the Hampton columbarium was delayed due to COVID-19. It is expected to be completed by late September and the department is optimistic that there will be brisk sales once it is open. Page 173 Finance and Unclassified Administration Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 000 Unassigned Revenue Fines/Penalties on Interest ($8,244) ($15,128) ($2,815) ($13,000) (16.4%) 130 Admin Revenue User Charges ($147,222) ($64,425) ($122,404) ($178,000) 63.8% Fines/Penalties on Interest ($630,310) ($440,427) ($555,840) ($1,250,000) 64.8% 140 Internal Audit Expenditures Salaries, Wages & Benefits $77,771 $77,980 $151,831 48.8% Materials & Supplies $300 $300 100.0% 210 Finance Admin Expenditures Salaries, Wages & Benefits $1,155,600 $1,149,382 $1,223,046 $2,411,937 52.3% Materials & Supplies $56,560 $32,800 $65,638 $106,400 69.2% Contracted Services $38,304 $56,523 $24,165 $49,000 (15.4%) 211 Unclassified Admin Expenditures Materials & Supplies $178,592 $123,955 $243,546 $405,900 69.5% Contracted Services $1,063,110 $594,565 $1,032,729 $1,285,600 53.8% Rents/Financial Expenses $48,642 $54,298 $39,164 $205,000 73.5% Transfers from RES / RF / CAP Fund $4,077,547 $812,225 $812,225 $812,225 0.0% Page 174 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 250 Contributions Revenue Transfer between Funds ($719,873) Total Finance & Unclassified Admin $5,832,579 $1,661,666 $2,837,734 $3,987,193 58.3% Highlights Unassigned Accounts receivable fines and penalties on interest are higher than budgeted and higher than the same period in 2019. Finance Admin The legal fees account is over budget due to the increased involvement of external solicitor regarding non-residential assessment appeals such as Loblaws, Walmart, Shoppers Home Depot and Canadian Tire. These appeals have been ongoing for several years and are being completed in 2020. The Municipality has been able to recognize savings in lost revenue higher than the legal costs, this benefits the Municipality in the past as well as going forward with protecting its commercial assessment base Unclassified Admin The professional fees account is over budget due to the development charges study, post-employment benefits and insurance. The Development Charge Study will be funded from the development charges reserve fund as approved in the 2019 budget, entry to be posted in a subsequent quarter. Page 175 Fines and penalties on interest are lower than budgeted and lower than in 2019. The difference of approximately $200,000 is a result of the waiver of penalties and interest for two months as a result of COVID -19 to provide financial relief to taxpayers throughout the Municipality. Page 176 Emergency Services Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 130 Admin Revenue User Charges ($308,169) ($299,029) ($64,494) ($105,000) (184.8%) Expenditures Salaries, Wages & Benefits $457,267 $475,250 $476,988 $940,149 49.4% Materials & Supplies $104,038 $79,102 $134,201 $239,650 67.0% External Transfers to Others $5,000 $750 $5,000 $10,000 92.5% Transfers from RES / RF / CAP Fund $638,731 $584,915 $553,925 $553,925 (5.6%) 280 Fire Prevention Revenue User Charges ($8,182) ($6,831) ($6,543) ($45,000) 84.8% Expenditures Salaries, Wages & Benefits $316,436 $359,233 $372,233 $735,643 51.2% Materials & Supplies $8,585 $2,282 $9,096 $46,500 95.1% Contracted Services $92,700 $92,700 100.0% 281 Fire Suppression Expenditures Salaries, Wages & Benefits $3,923,669 $4,142,307 $4,317,820 $8,443,560 50.9% Materials & Supplies $17,132 $18,308 $31,946 $92,500 80.2% Contracted Services $30,603 $20,497 $31,015 $70,000 70.7% 282 Fire Training/Technical Support Expenditures Salaries, Wages & Benefits $180,244 $185,153 $180,410 $350,680 47.2% Page 177 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % Materials & Supplies $2,553 $867 $3,169 $6,500 86.7% 283 Fire Communication Expenditures Contracted Services $276,446 $299,002 $333,500 $587,000 49.1% 284 Fire Mechanical Expenditures Materials & Supplies $41,153 $36,622 $41,338 $120,000 69.5% 285 All Stations - P/T Admin Expenditures Salaries, Wages & Benefits $438,053 $384,666 $433,687 $867,380 55.7% Materials & Supplies $15,427 $23,231 $20,189 $45,700 49.2% Contracted Services $1,032 $1,722 $1,365 $6,500 73.5% 286 Municipal Emergency Measures Revenue User Charges ($10,000) 100.0% Expenditures Materials & Supplies $13,694 $13,602 $14,950 $26,950 49.5% Contracted Services 287 Mechanical Technical Support Expenditures Salaries, Wages & Benefits $65,505 $68,038 $69,354 $135,524 49.8% Total Emergency Services - Fire $6,219,217 $6,389,687 $7,051,849 $13,210,861 51.6% Page 178 Highlights Administration User charges include an invoice to OPG for the 2020 annual payment as per the Memorandum of Understanding with the Municipality of Clarington and OPG. Fire Suppression Personal Protection Equipment (PPE) has generally increased in prices due to COVID-19, it is expected that some of these costs will be eligible for Province of Ontario funding. Page 179 Engineering Services Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 000 Unassigned Revenue User Charges ($211) ($103) ($500) ($500) 79.4% 130 Admin Revenue User Charges ($270,007) ($129,293) ($45,975) ($50,500) (156.0%) Expenditures Salaries, Wages & Benefits $1,180,524 $1,163,347 $1,279,349 $2,513,421 53.7% Materials & Supplies $21,392 $18,591 $20,896 $53,950 65.5% Contracted Services $32,878 $139,064 $50,846 $150,250 7.4% Debt Services (Principle & Interest paid) $466,423 $474,045 $473,550 $544,417 12.9% Transfers from RES / RF / CAP Fund $3,632,054 $3,441,192 $3,415,536 $3,415,536 (0.8%) 250 Contributions Revenue Transfer between Funds ($543,200) 321 Building Inspections Revenue User Charges ($1,079,213) ($1,264,881) ($765,954) ($1,554,032) 18.6% Fines/Penalties on Interest ($500) ($500) 100.0% Expenditures Salaries, Wages & Benefits $624,630 $580,542 $670,948 $1,329,648 56.3% Materials & Supplies $39,662 $26,225 $47,276 $102,930 74.5% Page 180 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % Contracted Services $53,639 $1,308 $84,409 $199,000 99.3% 324 Street Lighting Expenditures Transfers from RES / RF / CAP Fund $100,000 $100,000 $100,000 $100,000 325 Parks Expenditures Materials & Supplies $1,143 $151 $450 $500 69.8% Contracted Services $6,360 $10,000 36.4% 327 Parking Lots Expenditures Debt Services (Principle & Interest paid) ($13,284) ($14,990) 330 Roads & Structures Expenditures Contracted Services $21,000 100.0% 334 Safe Roads Expenditures Materials & Supplies $201 $819 $200 $13,500 93.9% Contracted Services $11,788 $503 $18,205 $50,000 99.0% 380 Road Maintenance Expenditures Contracted Services $6,500 $6,500 100.0% 388 Fleet Expenditures Page 181 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % Materials & Supplies $975 $2,277 $1,749 $5,600 59.3% Total Engineering Services $4,802,594 $4,001,957 $5,356,985 $6,910,720 42.1% Highlights There were no items of interest to highlight for the period ending June 30, 2020, for Engineering Services. Page 182 Operations Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 000 Unassigned Revenue User Charges ($84,486) ($51,264) ($79,690) ($208,800) 75.4% Expenditures Salaries, Wages & Benefits $59 $387 $90 $3,000 87.1% Materials & Supplies $50,011 $59,668 $37,938 $107,400 44.4% Contracted Services ($1,402) $1,497 $2,274 $3,000 50.1% 130 Admin Revenue User Charges ($27,405) ($34,915) ($36,060) ($125,000) 72.1% Expenditures Salaries, Wages & Benefits $1,366,542 $1,283,602 $1,199,898 $2,361,020 45.6% Materials & Supplies $35,142 $31,682 $36,127 $74,700 57.6% Contracted Services $1,596 $7,147 $6,395 $11,000 35.0% Transfers from RES / RF / CAP Fund $2,265,000 $2,746,100 $2,746,100 $2,746,100 0.0% 324 Street Lighting Revenue User Charges ($2,212) ($111) ($7,321) ($15,000) 99.3% Expenditures Materials & Supplies $381,187 $322,436 $533,719 $1,050,000 69.3% Contracted Services $102,004 $81,037 $135,556 $330,000 75.4% Debt Services (Principle & Interest paid) ($19,745) ($22,281) Page 183 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 325 Parks Expenditures Salaries, Wages & Benefits $363,834 $413,999 $580,539 $1,151,057 64.0% Materials & Supplies $141,761 $159,973 $160,857 $515,750 69.0% Contracted Services $109,192 $294,819 $568,600 $1,205,760 75.5% Rents/Financial Expenses $6,458 $5,174 $6,686 $30,000 82.8% Transfers from RES / RF / CAP Fund $100,000 $225,000 $225,000 $225,000 326 Cemetery Revenue User Charges ($68,313) ($62,413) ($63,332) ($143,000) 56.4% Expenditures Salaries, Wages & Benefits $60,891 $67,282 $114,569 $225,854 70.2% Materials & Supplies $38,958 $65,808 $33,593 $95,700 31.2% Transfers from RES / RF / CAP Fund $50,000 $5,000 $5,000 $5,000 350 Waste Collection Revenue User Charges ($15,940) ($5,950) ($12,013) ($22,500) 73.6% Expenditures Materials & Supplies $14,111 $12,830 $10,085 $22,500 43.0% 351 Recycling Collection Revenue User Charges ($1,652) ($439) ($891) ($1,500) 70.7% Expenditures Materials & Supplies $314 $385 $200 $1,500 74.3% Page 184 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 370 Building & Property Service Expenditures Salaries, Wages & Benefits $475,434 $439,625 $499,146 $992,159 55.7% Materials & Supplies $221,486 $235,409 $208,615 $549,265 57.1% Contracted Services $83,739 $50,374 $61,562 $139,825 64.0% Debt Services (Principle & Interest paid) $100,844 $101,019 $100,979 $107,799 6.3% Transfers from RES / RF / CAP Fund $954,250 $1,325,000 $1,325,000 $1,325,000 0.0% 380 Road Maintenance Revenue User Charges ($14,875) ($18,111) ($12,677) ($19,500) 7.1% Expenditures Salaries, Wages & Benefits $241,140 $198,170 $195,699 $597,700 66.8% Materials & Supplies $330,041 $266,231 $256,239 $846,275 68.5% Contracted Services $282,176 $176,208 $497,947 $785,700 77.6% 381 Hardtop Maintenance Expenditures Salaries, Wages & Benefits $159,175 $204,813 $219,405 $429,000 52.3% Materials & Supplies $105,568 $148,689 $130,091 $456,100 67.4% Contracted Services ($3,648) $160,000 100.0% 382 Lsetop Maintenance Expenditures Salaries, Wages & Benefits $24,551 $26,308 $29,239 $72,500 63.7% Materials & Supplies $72,033 $62,289 $75,729 $342,000 81.8% Page 185 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 383 Winter Control Revenue User Charges ($73,347) ($842) ($80,906) ($90,000) 99.1% Expenditures Salaries, Wages & Benefits $781,990 $593,959 $652,839 $963,250 38.3% Materials & Supplies $1,890,065 $1,317,441 $1,314,791 $2,010,000 34.5% 384 Safety Devices Expenditures Salaries, Wages & Benefits $81,776 $86,447 $76,747 $188,000 54.0% Materials & Supplies $152,853 $132,656 $112,061 $349,400 62.0% Contracted Services $242 $50,000 $50,000 100.0% 386 Storm Water Management Expenditures Salaries, Wages & Benefits $1,952 $6,459 $5,390 $20,000 67.7% Materials & Supplies $1,005 $476 $1,100 $8,000 94.1% Contracted Services $10,069 $92,000 $92,000 89.1% 387 Regional Roads Expenditures Salaries, Wages & Benefits $7,321 $6,690 $6,517 $9,000 25.7% Materials & Supplies $32,782 $29,458 $21,841 $33,500 12.1% 388 Fleet Revenue User Charges ($807,711) ($803,700) Page 186 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % Expenditures Salaries, Wages & Benefits $256,359 $335,535 $442,880 $766,037 56.2% Materials & Supplies $669,612 $563,654 $45,695 $92,000 (512.7%) Transfers from RES / RF / CAP Fund $134,500 $185,000 $185,000 $185,000 440 Libraries Expenditures Materials & Supplies $838 $894 $1,189 $4,450 79.9% Contracted Services $3,357 $1,955 $3,310 $7,350 73.4% Debt Services (Principle & Interest paid) $74,537 $74,908 $74,893 $78,342 4.4% 460 Museum Expenditures Materials & Supplies $6,704 $7,774 $6,445 $17,800 56.3% Contracted Services $1,477 $6,375 $7,699 $12,000 46.9% Total Public Works $11,114,131 $11,377,685 $12,735,384 $21,153,493 46.2% Highlights Safety Devices The special event budget has not been used due to the cancellation of events to reduce the risks of COVID-19. Page 187 Waste and Recycling Collection No sales were made at the Hampton Operations/Public Works Centre during the COVID-19 shut down resulting in lower sales than would generally be seen in this quarter. The expense for the waste and recycling supplies are lower as well resulting from no inventory being purchased for that timeframe. Fleet The Fleet Miscellaneous Operating Supply account is rolled up into the materials and supplies category making it look like it is over budget however this account’s expenses are offset by fleet revenues. Winter Control Revenue for Winter Control is from January to April. This account is used for invoicing developers for winter maintenance. Under the latest sub-division agreement, we no longer invoice for this, and developers now pay upfront for this maintenance. Page 188 Community Services Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 130 Admin Revenue User Charges ($40,915) ($13,527) ($32,403) ($63,500) 78.7% Expenditures Salaries, Wages & Benefits $485,471 $360,117 $489,174 $958,743 62.4% Materials & Supplies $27,587 $17,199 $32,338 $69,070 75.1% Contracted Services $6,002 Transfers from RES / RF / CAP Fund $737,200 $816,700 $816,700 $816,700 420 Recreation Services Admin Revenue User Charges ($2,308) ($178) ($982) ($1,230) 85.5% Expenditures Salaries, Wages & Benefits $450,283 $405,600 $511,394 $1,020,506 60.3% Materials & Supplies $9,157 $3,835 $10,733 $26,942 85.8% 421 Facilities Revenue User Charges ($1,103,165) ($759,958) ($1,148,489) ($2,357,646) 67.8% Expenditures Salaries, Wages & Benefits $1,705,662 $1,577,313 $1,814,517 $3,604,093 56.2% Materials & Supplies $1,233,774 $1,030,703 $1,183,799 $2,641,186 61.0% Contracted Services $107,125 $92,711 $105,417 $157,434 41.1% Debt Services (Principle & Interest paid) $2,031,328 $1,906,828 $1,904,315 $1,957,836 2.6% Page 189 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 423 Concessions Revenue User Charges ($17,589) ($7,407) ($27,047) ($66,140) 88.8% 424 Aquatic Programs Revenue User Charges ($624,680) ($275,921) ($624,880) ($1,172,741) 76.5% Expenditures Salaries, Wages & Benefits $385,508 $226,752 $458,837 $912,481 75.1% Materials & Supplies $21,247 $5,934 $27,968 $61,830 90.4% 425 Fitness Programs Revenue User Charges ($265,023) ($212,589) ($272,615) ($532,295) 60.1% Expenditures Salaries, Wages & Benefits $159,912 $99,431 $182,256 $364,173 72.7% Materials & Supplies $6,060 $2,941 $10,758 $28,850 89.8% Rents/Financial Expenses $450 $529 $2,000 100.0% 426 Recreation Programs Revenue User Charges ($162,215) ($76,608) ($156,654) ($566,015) 86.5% Expenditures Salaries, Wages & Benefits $128,233 $81,116 $254,237 $501,408 83.8% Materials & Supplies $17,373 $2,798 $16,887 $68,830 95.9% Contracted Services $16,524 $13,838 $16,653 $47,300 70.7% Rents/Financial Expenses $771 $173 $2,065 $2,800 93.8% Page 190 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 427 Community Development Revenue User Charges ($122,845) ($67,157) ($108,789) ($191,903) 65.0% Expenditures Salaries, Wages & Benefits $255 $139 $4,063 $8,448 98.4% Materials & Supplies $90,038 $34,123 $81,200 $197,675 82.7% Contracted Services $21,928 $9,968 $27,651 $34,700 71.3% 428 55+ Active Adults Revenue User Charges ($66,772) ($41,257) ($85,560) ($162,231) 74.6% Expenditures Salaries, Wages & Benefits $59,877 $38,747 $71,617 $142,812 72.9% Materials & Supplies $12,249 $7,819 $11,627 $25,400 69.2% Contracted Services $9,066 $3,665 $9,530 $16,550 77.9% Rents/Financial Expenses $560 $3,000 $3,000 100.0% 429 Customer Service Revenue User Charges ($8,516) ($19,589) ($8,316) ($15,675) (25.0%) Expenditures Salaries, Wages & Benefits $436,092 $334,103 $466,923 $926,556 63.9% Materials & Supplies $67,304 $50,795 $68,346 $132,736 61.7% 450 Client Services Expenditures Salaries, Wages & Benefits $178,673 $188,919 $226,645 $444,740 57.5% Materials & Supplies $4,726 $941 $6,371 $12,840 92.7% Page 191 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 470 Municipal Grants - Recreation Groups Expenditures External Transfers to Others $3,000 473 Community Grant Program Expenditures External Transfers to Others $57,000 $60,000 $60,000 100.0% 480 Municipal Sponsorships Expenditures External Transfers to Others $31,300 $8,000 $35,000 $35,000 77.1% Total Community Services $6,087,707 $5,847,017 $6,444,815 $10,153,263 42.4% Highlights Administration As of March 13, all recreation facilities were closed, and all programs were cancelled until the end of the second quarter. The greatest impact on revenues during this period was in the facility rentals and the aquatic/fitness/recreation programs. Total revenues in these areas are approximately $1 million less than budgeted. With the gradual reopening of facilities and the commencement of programs, Community Services is expecting to see improvement in revenues in subsequent quarterly reports. The 2020 budgeted revenues for the department will not be achieved by year-end. Page 192 Community Services was forced to make difficult decisions regarding staffing i n order to mitigate the loss of revenues for the department. On April 6, 2020 approximately 300 part-time staff were put on a Declared Emergency Leave (DEL). This included part-time staff working in all areas of the department. A significant component of all services provided by the department is staffing costs. The total department cost of part-time wages (year to date) is $800,000, which is approximately $800,000 lower than budgeted for the same period. In order to effectively plan for the gradual reopening of facilities, some part-time staff from DEL were recalled in the last weeks of June. Sixteen facility operators were redeployed to the Operation Department on May 4, 2020, and some full-time clerical staff were reassigned to other departments. Those staff costs continued to be through the Community Services accounts, so no savings were realized. The filling of staff vacancies is delayed until reopening plans warrant it. This results in Administration Full-Time Salaries accounts reporting year to date actuals less than budgeted for the same period. With the closure of all indoor recreation facilities in the second quarter, the cost of utilities was reduced across all facilities. It is expected the total cost for heat, hydro and water for all indoor recreation facilities will be less than the total budg eted for 2020. Many of the operating costs for Materials and Supplies, in various accounts, have seen a significant decrease in these costs due to the COVID-19 risk mitigation events by the department. Page 193 Planning Services Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 000 Unassigned Expenditures Salaries, Wages & Benefits $224,697 $133,039 $219,295 $438,591 69.7% Materials & Supplies $14,298 $60,927 $117,151 $238,750 74.5% Transfers from RES / RF / CAP Fund $696,728 634,717 $634,717 $634,717 0.0% 130 Admin Revenue User Charges ($307,087) ($235,441) ($573,661) ($862,300) 72.7% Expenditures Salaries, Wages & Benefits $1,479,302 $1,428,564 $1,600,025 $3,145,792 54.6% Materials & Supplies $45,965 $27,961 $50,753 $114,750 75.6% Contracted Services $43,051 $4,031 $7,625 $186,000 97.8% Transfers from RES / RF / CAP Fund $12,500 $12,500 $12,500 $12,500 0.0% 250 Contributions Revenue Transfer between Funds ($123,695) 385 Environmental Expenditures Contracted Services $123,695 $123,695 100.0% 430 Smallboards Expenditures Materials & Supplies $1,500 $1,500 $1,500 100.0% Page 194 Description 2019 YTD Actuals 2020 YTD Actuals 2020 YTD Budget 2020 Final Budget 2020 Total Unexpended % 502 Development Review Revenue User Charges ($316,070) ($365,736) Expenditures Materials & Supplies $12,262 $25,190 Contracted Services $262,003 $413,517 Total Planning Services $2,169,149 $2,015,574 $2,193,600 $4,033,995 50.0% Highlights There were no items of interest to highlight the 2020 second quarter for Planning Services Page 195 Looking forward to the 3rd Quarter 2020 Development Charge Study Update and Presentation On September 18, 2020, the Province of Ontario proclaimed the remaining amendments to the Development Charges Act (the DCA) and the Planning Act which where outlined in the More Homes, More Choice Act and the COVID-19 Economic Recovery Act. This sets forth a two year period to implement a Community Benefits Charge if the Municipality so chooses. The changes also approve the changes to eligible services under the DCA and removes the 10 per cent required deduction. The Municipality will be publishing the draft DC study and by-law by October 15, 2020 with a public meeting held on November 9, 2020. The planned ratification of the new by-law would be at the December 14, 2020 Council meeting. Staff continue to invite those interested parties to contact the Municipality to provide input on the ongoing DC review. Continuous Improvement/Key Performance Indicators As this report is constantly evolving and improving, we hope the third quarter report will include upcoming continuous improvements within the Municipality and focus on key performance financial indicators that will be used to benchmark existing service levels. Page 196 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 28, 2020 Report Number: FND-034-20 Submitted By: Trevor Pinn, Director of Finance/Treasurer Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: RFP2020-6 By-law Number: Report Subject: Design and Build Newcastle Skate Park Recommendations: 1. That Report FND-034-20 be received; 2. That the proposal received from Transition Construction and Scatliff + Miller + Murray having the highest rank proposal and a bid of $290,016.00 (net HST rebate), meeting all terms, conditions and specifications of RFP2020 -6 be awarded the contract for the design and build services for the Newcastle Skate Park; 3. That the funds required for this project including a 5% contingency allowance in the total amount of $305,000.00 (net HST rebate) is in the approved budget allocation as provided, be funded from the following account: Description Account Number Amount Newcastle Community Park 110-32-325-83436-7401 $305,000 4. That all interested parties listed in Report FND-034-20 and any delegations be advised of Council’s decision. Page 197 Municipality of Clarington Page 2 Report FND-034-20 1. Background 1.1 The Municipality requires the assistance of a qualified firm to provide the required skills and resources necessary to design and build a skate park in Newcastle. 1.2 A Request for Proposal (RFP) was drafted to allow for the Municipality to select a qualified company with the skills, resources and experience necessary to provide services as per the specifications provided by the Public Works Department. 1.3 RFP2020-6 was issued by the Purchasing Services Division and advertised electronically on the Municipality of Clarington’s (the Municipality) website. Notification of the availability of the document was also posted on the Ontario Public Buyer’s Association website. The RFP was structured on the two envelope RFP system with award to the highest ranked proposal (Resolution C-314-20). Ten companies downloaded the document. 2. Analysis 2.1 The RFP closed on August 10, 2020. 2.2 Three submissions were received (refer to Attachment 1) by the closing date and time. All submissions met the mandatory requirements and moved forward to the first phase of evaluation. 2.3 The Municipality contacted the seven firms who had downloaded the RFP but chose not to bid, to inquire as to why they chose not to bid. The responses received to the Municipality’s inquiry are as follows:  One company is an association for distributing bid documents to their members;  One company felt that they could not bid competitively so chose not to bid at this time; and  Five companies did not respond to the Municipalities request for information. 2.4 Each submission consisted of a comprehensive proposal identifying:  Qualifications and experience;  Experience of the proponent/sub-consultants with projects of similar nature, size and complexity;  The proposed team who would be working with the Municipality; Report Overview To request authorization from Council to award the Request for Proposal RFP2020 -6 for the design and build of the Newcastle Skate Park. Page 198 Municipality of Clarington Page 3 Report FND-034-20  The Proponent’s understanding and approach to complete the project;  The proposed skate park design including items such as proposed components, and warranty,  Past projects of parks completed.  The proposed tasks and timelines; and  Identification of accessibility design, features and criteria. 2.5 The submissions were reviewed and scored in accordance with the established criteria outlined in the RFP by an evaluation team consisting of staff from the Public Works Department and the Purchasing Services Division. Some of the areas on which the submissions were evaluated were as follows:  Allocated roles and responsibilities of the proposed team members;  Proposed approach to completing the project;  Proposed timelines to complete the tasks required;  Highlights of services provided within the past five years only;  The proposed type of skate park and flow between components; and  The Proponent’s understanding of the Municipality’s requirements, the project and any related issues or concerns. 2.6 Upon completion of the evaluation, the evaluation committee concluded that the following two proponents met the pre-established threshold of 75% for Phase 1 and moved on to the second phase information:  New Line Skateparks Inc.; and  Transition Construction and Scatliff + Miller + Murray 2.7 It was deemed by the evaluation committee that presentations from the shortlisted proponents were not required and their pricing envelopes were opened and evaluated. The submission from Transition Construction and Scatliff + Miller + Murray was the highest ranked proposal. 2.8 Transition Construction and Scatliff + Miller + Murray have not worked with the Municipality in the past; therefore, reference checks were completed. Reference checks came back satisfactory. Page 199 Municipality of Clarington Page 4 Report FND-034-20 3. Financial 3.1 The proponent being recommended to complete the public consultation, design and construction has a bid price of $290,016 (net HST rebate). 3.2 Based on the type of work involved in this project it is recommended that a contingency of approximately 5% inclusive of net HST be carried for this project amounting to $14,984.00. 3.3 The funds required for this project in the total amount of $305,000.00 (net HST rebate) is in the approved budget allocation as provided and will be funded from the following account: Description Account Number Amount Newcastle Community Park 110-32-325-83436-7401 $305,000 4. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Transition Construction and Scatliff + Miller + Murray having the highest ranked proposal and meeting all terms, conditions and specifications of RFP2020-6 be awarded the contract for the design and build of the Newcastle Skate Park. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379, ext. 2209, or dferguson@clarington.net Attachments: Attachment 1 – Summary of Proposals Received Interested Parties: List of Interested Parties available from Department. Page 200 Municipality of Clarington Page 5 Report FND-034-20 Attachment #1 to Report FND-034-20 Summary of Proposals Received Municipality of Clarington RFP2020-6 Design and Build of Newcastle Skate Park Bidder Canadian Ramp Company New Line Skateparks Inc. * Transition Construction and Scatliff + Miller + Murray * Note: Bidders with an asterisk (*) are the companies who were shortlisted Page 201 MUNICIPALITY OF CLARINGTON General Government Committee RESOLUTION #_________________ DATE: Monday, September 28, 2020 MOVED BY: Councillor Traill SECONDED BY: Councillor W hereas by Resolution #GPA-468-13, Clarington amended the Traffic and Parking By- law to permit parking on the paved portion of the boulevard apron provided that the vehicle does not encroach on the sidewalk, or the travelled portion of the roadway; Whereas since this By-law amendment was enacted, residents have received thousands of tickets for varying degrees of encroachment on the sidewalk while taking advantage of the By-law amendment to allow boulevard parking; and Whereas nearly all trucks, full-size SUVs and minivans do not fit on the paved portion of the boulevard apron without some encroachment on either the sidewalk of the roadway; Now Therefore Be It Resolved that; Staff report back on allowing a maximum amount of encroachment on the sidewalk or the travelled portion of the roadway to as to give clar ity to residents and to enhance the existing By-law. Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 Page 223 30407215.3 September 11, 2020 Public-Private Proposal for Uxbridge Municipal Park and Trail System Linkage Summary 1.Proposal That the Province lead a public-private initiative to help drive economic activity/recovery for businesses in the Uxbridge area by completing the missing link in the Uxbridge trail system and committing over 1,200 acres to conservation and passive public recreation in the form of an Uxbridge municipal park (the “Park”). Key considerations: The Park will help drive economic activity/recovery for businesses in the Uxbridge area, as well as outdoor recreation and mental health benefits for the region while promoting and protecting environmental values, by completing the missing link in the Uxbridge trail system and connecting to the town over 300 kilometers of existing trails. Next step in efforts to steward the Oak Ridges Moraine in the interests of present and future generations of Ontarians. Commitment of over 1,200 acres of non-development lands to conservation and passive public recreation in a new municipal park. Innovative public-private partnership and self-funding model. 2.The Park The Park would be comprised of properties contributed by the Province and John McCutcheon, a resident, and proposed connections. Lafarge Canada has also been approached to contribute certain restored land. The Park is demarcated on the attached Map and the major components are described below. (a)Provincial lands The Province owns 6 properties (comprised of various legal parcels) aggregating approximately 1330 acres south/west of the town of Uxbridge. These are non-development lands within the Oak Ridges Moraine/Greenbelt which carry the highest environmentally-sensitive designation of “core”. The lands are largely vacant/wild (very limited farming and maple syrup production) and the few structures on them are deteriorating. (b)McCutcheon property Mr. McCutcheon owns 73 acres of land adjacent to one of the Provincial properties. The property includes a residence, and is subject to an existing conservation easement in favour of Oak Ridges Moraine Land Trust. Conditional on the Province’s participation, Mr. McCutcheon would commit his property to the Park by donating it to Uxbridge subject to a life interest in his favour. Page 224 30407215.3 - 2 - (c)Lafarge Canada property Lafarge Canada owns more than 400 acres of land adjacent to one of the Provincial properties. The property runs east/west from Concession 6 to Concession 7. The western end of the property, in the order of maybe 200 acres, is no longer in use and the land has been restored. Lafarge Canada has been approached to commit this restored land to the Park, with a consequential increase in the size of the Park. (d)Self-funding flexibility It is anticipated that Uxbridge will have the flexibility to sell a small percentage of the perimeter land not core to the Park consistent with the Uxbridge model of engaging residents in the stewardship of the trail system - so long as the proceeds are used to fund the development and maintenance of the Park and subject to compliance with applicable legal requirements and to typical residential conservation easements. In the case of the properties contributed by the Province, these sales could not exceed 10% of the acreage. 3.Uxbridge Management of the Park This Proposal includes the benefit of bringing the Provincial lands under active management by Uxbridge. Uxbridge has a proven track record of managing park land effectively and efficiently in collaboration with regional and conservation bodies, and community partners and residents. The transfer of title for the properties committed to the Park is expected to provide flexibility for title to be held in the name of Uxbridge, a special purpose vehicle and/or regional and conservation bodies. 4.Timing Uxbridge is urgently pursuing economic recovery initiatives. In addition, Mr. McCutcheon’s donation is conditional on the Province’s participation. He is 88 years old and seeks resolution of these matters in 2020 to put his affairs in order. Page 225 Page 226 September 18, 2020 Mayor Barton The Township of Uxbridge 51 Toronto St. Uxbridge, ON L9P1L2 Dear Mayor Barton: Re: Public-Private Proposal for Uxbridge Municipal Park and Trail System Linkage I am writing to express support for the proposal you have shared to develop a plan to transfer roughly 1,200 acres of provincially owned lands to the Township of Uxbridge for management and use. I offer my support from the vantage point of several of my current roles: as Chairman and CEO of The Regional Municipality of York, as Chair of the Board of Directors of Conservation Ontario and as Chair of the Board of Directors of Lake Simcoe Region Conservation Authority (LSRCA). This area is situated close to Stouffville, Georgina, and East Gwillimbury, all communities undergoing growth now and for the foreseeable future. Residents of these communities will benefit greatly from increased access to nearby nature. Trails can be enjoyed by every age group and ability level. More greenspace will increase opportunities for families to get outside and get active, beneficial for both physical and mental health. From a conservation perspective, these lands protect drinking water sources and biodiversity, and will provide opportunities for re-forestation. Developing a plan for these lands is important to balance the goal of more greenspace for recreation with protection of natural habitat and nature corridors. LSRCA would be a willing partner to develop such a plan. As outlined in the summary you provided, funding to develop a plan would be part of this initiative. In earlier efforts to transfer these lands from the province, adequate funding to develop a plan has been the stumbling block. Conservation areas are beloved by the public, and we have seen visitors flock to use our trails during the COVID-19 pandemic. Cars have filled parking areas and have lined the roads near every entrance to our LSRCA properties since re-opening them in late May of this year. The timing of this initiative couldn’t be better. On behalf of York Regional Council, I support this proposal for an Uxbridge municipal park and trail linkage system. Yours sincerely, Wayne Emmerson Chairman and CEO Page 227 The Regional Municipality of Durham Office of the Regional Chair 605 Rossland Rd. E. PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 durham.ca September 22, 2020 Mayor Dave Barton The Township of Uxbridge 51 Toronto Street Uxbridge, Ontario L9P 1L2 RE: Uxbridge Municipal Park and Trail System Linkage Proposal I was pleased to read the proposal for the Uxbridge Municipal Park and Trail System which includes Provincial, Municipal and Private commitments beneficial to current and future generations of Ontarians and the environment in which they live. The proposal includes the completion of a trail system that would connect businesses and the community to over 1,200 acres of conservation and passive recreation in a new municipal park. It encourages growth and harmony, a healthy lifestyle, which ultimately strengthens the attractiveness of the area/economic development. The Township of Uxbridge has made a commitment to manage the park land in collaboration with regional and conservation bodies, and community partners and residents. A local resident will commit 73 acres of land located adjacent to Provincial properties, pending Provincial participation; and there is potential of another 200 acres of land being donated from a local business. In closing, I applaud the Public-Private Proposal for Uxbridge Municipal Park and Trail System Linkage. It preserves and promotes environmental values, encourages positive economic development by connecting the community, and providing an attractive area to work and live. I hope that kind and timely consideration will be provided by the Province and look forward to a positive outcome for the Uxbridge community. Sincerely, John Henry Regional Chair and CEO If you require this information in an accessible format, please contact accessibility@durham.ca at 1-800- 372-1102 ext. 2009. Page 228 If this information is required in accessible format, please contact 1-800-372-1102, ext. 2009. The Regional Municipality of Durham Office of the Chief Administrative Officer 605 Rossland Rd. E. Level 5 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Elaine.baxter- trahair@durham.ca durham.ca Elaine Baxter-Trahair B.M. Edu, MBA Chief Administrative Officer July 15, 2020 The Honourable Jeff Yurek, M.P.P. Minister of Environment, Conservation and Parks Via E-Mail: minister.mecp@ontario.ca Dear Minister Yurek: RE: Mixed Waste Pre-Sort and Anerobic Digestion Project Regional Municipality of Durham__________________ The Regional Municipality of Durham (the Region) was copied on a letter sent to you from the Municipality of Clarington (Clarington) dated July 9, 2020. In that letter Clarington requests an order from your office prohibiting the Region from proceeding with a Mixed Waste Pre-sort and Anaerobic Digestion facility (Project) until an a “full and proper Environmental Assessment can be conducted”. As background information, the Region has approved a Project that includes: A Mixed Waste Pre-sort, that will remove organics, recyclables and non-combustibles from the curbside and multi-residential garbage steams; A wet anaerobic digestor that will process both the Source Separated Organics along with the Facility Separated Organics from the Mixed Waste Pre-sort; and The treatment of the resultant biofuel to create a Renewable Natural Gas suitable for injection into the grid. The residual waste from this Project will be processed at the Durham York Energy Centre (DYEC) located immediately adjacent to the Project site. In preparation for the Project, the Region had several conversations with Ministry of the Environment, Conservation and Parks (MECP) staff and provided written correspondence to Ministry staff (September 25, 2019), regarding the Environmental Assessment Act (Act) requirements for the Project. The Ministry of the Environment, Conservation and Parks (MECP) responded to that inquiry through a letter dated March 20, 2020 and stated that: “In accordance with subsection 11(1)4 of O. Reg. 101/07 (Waste Management Projects) made under the Act, the establishment of a new waste disposal site at which waste would be handled, treated or processed and that would transfer less than 1,000 tonnes of waste per Page 229 If this information is required in accessible format, please contact 1-800-372-1102, ext. 2009. The Regional Municipality of Durham Office of the Chief Administrative Officer 605 Rossland Rd. E. Level 5 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Elaine.baxter- trahair@durham.ca durham.ca Elaine Baxter-Trahair B.M. Edu, MBA Chief Administrative Officer day for final disposal does not trigger provincial environmental assessment requirements.” The Region’s Project will not exceed 1,000 tonnes of waste per day for final disposal. The Region is proposing a fully integrated waste management system that will manage and divert our municipal waste, specifically organic waste materials, effectively from final disposal. The implementation of this project will provide Durham Region with capacity to manage our organic waste, meet the waste disposal requirements of our growing population, delay the need for a DYEC expansion into the future, increase diversion, facilitate a circular economy and improve our climate change performance. We appreciate the Ministry’s support of this project and look forward to showcasing this Project, the first of its kind in terms of the full integration of a waste management system in Ontario. We have been in discussions with the Municipality of Clarington to understand the concerns and provide mitigation where possible. We will continue those discussions in an effort to resolve any perceived issues with the Project. The Region can confirm that through design, the facility will be compatible with other land uses in the Energy Park and through strict operating standards, all potential environmental impacts will be negated. Durham Region is available to meet with the MECP to further discuss the project. Should you require additional information, please do not hesitate to contact me directly at 905-668-7711, extension 3000 or Gioseph Anello at extension 3445 or Gioseph.anello@durham.ca. Sincerely, Elaine Baxter-Trahair Chief Administrative Officer Cc Lindsay Park, MPP Durham June Gallagher, Deputy Clerk, Municipality of Clarington Susan Siopis, Commissioner, Works, Region of Durham Ralph Walton, Regional Clerk, Region of Durham Page 230 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:FW: EA Designation Request - Durham Anaerobic Digester Date:Wednesday, September 23, 2020 1:17:53 PM From: Battarino, Gavin (MECP) <Gavin.Battarino@ontario.ca> Sent: Wednesday, September 23, 2020 11:16 AM To: Maciver, Rob <RMaciver@clarington.net> Cc: Langmaid, Faye <flangmaid@clarington.net>; Burke, Amy <ABurke@clarington.net> Subject: Re: EA Designation Request - Durham Anaerobic Digester EXTERNAL Mr. Maciver, Pursuant to our conversation of August 26, 2020, I would like to confirm that the Municipality of Clarington was advised that the submission of the Clarington Council Resolution #GG-244-20, which states that the Minister of the Environment, Conservation and Parks be requested to pass an order prohibiting the Region of Durham from proceeding with the planned recycling plant and anaerobic digestion facility until an Environmental Assessment is completed to the satisfaction of Clarington Council, did not include sufficient supporting information in order for ministry staff to make an informed opinion as to whether the request has merit. The Municipality was therefore advised to revise and resubmit a request for designation that includes the rationale that would support having the proposed projects made subject to the requirement of the Environmental Assessment Act (EAA). During our conversation it was explained that the Minister of the Environment, Conservation and Parks may recommend to Cabinet that a proposed project be made subject to the requirements of the EAA. That recommendation depends on an understanding and assessment of the following: The nature of the proposed project; The potential for significant effects; and, The level of public interest. Anyone may submit a designation request to the ministry asking that a project be made subject to the requirements of the EAA. The request, however, should include sufficient information about a project, its potential Page 231 impacts, and a clear rationale to support why the project should be made subject to the requirements of the Act. This is because the ministry assesses merits of each request based on the supporting information when making a decision about a designation request. Accordingly, based on the above noted expectations, the Municipality of Clarington was advised to revise and resubmit a request for designation that includes the reasons or concerns that would warrant having the planned recycling plant and anaerobic digestion facility made subject to the requirements of the EAA. This is because the Council Resolution did not include the necessary supporting information and rationale in order for ministry staff to make an informed opinion as to whether the request has merit. In addition, the Municipality of Clarington was also advised to continue discussions with the Region of Durham about the municipality's concerns regarding the planned recycling plant and anaerobic digestion facility. The purpose of which is to demonstrate that reasonable efforts have been made to attempt to identify and raddress any issues or concerns about the proposed projects; and, that should the discussions not result in a meaningful resolution, to cite these efforts in support of a designation request. This is because the first step in assessing the merit of a designation request often includes trying to determine if the issues and concerns cited in a request can be addressed or resolved without the need to complete an Environmental Assessment process. It must be determined that the designation of a project subject to the requirements of the EAA is warranted due to the nature of the outstanding issues and concerns, including confirmation that they have not been adequately considered as part of a previous project planning process; and, that the completion of an Environmental Assessment process is the most appropriate way to address the unresolved issues and concerns raised. At the conclusion of our discussion, the Municipality of Clarington was advised that, at such time that the Municipality is of the opinion that all reasonable efforts have been made to attempt to address the Municipality's concerns about the proposed planned recycling plant and anaerobic digestion facility with the Region, that the Municipality advise the ministry accordingly. In response, the ministry will work with the Municipality to provide advice and guidance on how to prepare a request for designation that includes the Page 232 appropriate information and rationale in support of the Municipality's request to have the the planned recycling plant and anaerobic digestion facility made subject to requirements of the EAA. Upon submission, the ministry will assess the merits of the request, and the supporting information, and make a recommendation to the Minister based on this assessment. Should you have any questions or concerns please feel free to contact me at your earliest convenience. Thank you, Gavin Gavin Battarino| Special Project Officer Environmental Assessment Services Section Environmental Assessment Branch Ontario Ministry of the Environment, Conservation and Parks 135 St. Clair Avenue West, 1st Floor Toronto ON M4V 1P5 If you have any accommodation needs or require communication supports or alternate formats, please let me know. Si vous avez des besoins en matière d’adaptation, ou si vous nécessitez des aides à la communication ou des médias substituts, veuillez me le faire savoir. From: Maciver, Rob <RMaciver@clarington.net> Sent: Tuesday, September 22, 2020 2:33 PM To: Battarino, Gavin (MECP) <Gavin.Battarino@ontario.ca> Cc: Langmaid, Faye <flangmaid@clarington.net>; Burke, Amy <ABurke@clarington.net> Subject: EA Designation Request - Durham Anaerobic Digester CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Dear Mr. Battarino, You will recall our telephone conversation of August 26 in which we discussed the process for the Municipality to submit a request to designate the Region of Durham’s Anaerobic Digestion proposal as a project subject to the requirement of a full Environmental Assessment approval. Page 233 Would you kindly confirm my understanding of your comments that the MOECP will not accept Clarington’s formal request for EA designation until it has been demonstrated that the Region and Clarington have exhausted all avenues of resolution? If so, can you also indicate what the MOECP would accept as sufficient evidence that all other avenues have been exhausted? Thank you, Robert Maciver, LL.B., MBA, CS Municipal Solicitor Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2013 |1-800-563-1195 www.clarington.net Page 234 Presentations and Handouts -1- Port Granby Project Update Municipality of Clarington Scott Parnell, General Manager Historic Waste Program Management Office 2020 September 28 -2- Phased Return to Field Work -3- Port Granby Project LTWMF -4- Excavation Complete Remediation of approximately 1.3M tonnes LLRW LEGACY WASTE MANAGEMENT FACILITY LAKE ONTARIO LONG-TERM WASTE MANAGEMENT FACILITY Hydroseeding -5- Long-Term Waste Management Facility Lake Tanks ABOVEGROUND STORAGE MOUND WASTE WATER TREATMENT PLANT Cell 2 Cell 1 -6- Port Granby Bluffs •~ 800 m3 marginally contaminated soil in bluffs (outside project boundary) •Required significant, difficult remediation and removal of large area of trees/brush •2019 risk assessment confirmed no predicted environmental hazard or risk if left in place •In consultation with Municipality of Clarington -decision to leave material in place -7- Port Granby Project –Current Work •Installation of the East Gorge Groundwater Collection (EGGC) system •Topsoil/seeding south site complete mid-September •Cell 1 waste grading/shaping/closure anticipated this fall Installation of EGGC system Cell 1 grading/shaping underway Topsoil/seeding –south site -8- PGP Waste Water Treatment Plant Summer 2020 •Lake tanks removed •Bioreactor clean out •Equalization pond clean out Lake tanks removedProcessing (since inception) •~720,000 m3 (clean water released) •2,520,000 kgs. (solids sent to another licensed facility, meeting regulatory requirements) EQ Pond cleanout Port Granby Project RVSOP Map (as of September 2020) Remediation Verification Look Ahead •Continuation of capping layers progressing through 2021 field season •Removal of detour/realignment of Lakeshore Road –summer 2021 •Internal site roads, final landscaping, demobilization -summer 2022 Installation of cap materials Lakeshore Road realignment Port Granby Project Timeline (2015-2021) Updated 2020 September Recent •Durham Nuclear Health Committee •Durham Region Association of Realtors •Agreement Monitoring Group meeting # 105 •Port Granby Project newsletter •Media Release: “Remediation Complete” –newswire •Port Granby Citizen Liaison Group meeting Upcoming •Project Overview –Ontario Tech University •Project Overview –Fleming College Public Information Program Community Outreach Activities Long-Term Monitoring Phase Installation of East Gorge groundwater collection system High-volume air monitors Equalization pond cleanout Continued safety oversight Port Hope Project Application to Amend CNSC Licence -15- Application to Change Cleanup Criteria •CNL application to CNSC to change PHAI Cleanup Criteria for arsenic/uranium •Field experience resulting in: o Longer than anticipated cleanup times o Greater impact to property features o Ongoing concern from property owners and general public about current and potential project impact •Ongoing discussion with MECP, HKPR Health Unit, MPH •Final decision after CNSC review, requires acceptance from all parties -16- Benefits to Revised Cleanup Criteria •Better aligned with current industry standards •Reduces: o Number of private property cleanups required overall o Individual property cleanup times o Unintended environmental impact (trees) o Partial remediation/special circumstances (in some cases) o Overall Port Hope Project schedule o Additional cost to Canadian taxpayers •More property owners qualify for Compliance Letter without significant impact to property features -17- Public Engagement We Want Your Input •PHAI.ca •info@phai.ca •905.885.0291 Thank You Questions? Historic Waste Program Management Office 25 Henderson Street, Port Hope, L1A 2G3 PHAI.ca