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2022-03-21
General Government Committee Post-Meeting Agenda Date:March 21, 2022 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 The Revised Agenda will be published on Friday after 4:15 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Land Acknowledgement Statement 3.Declaration of Interest 4.Announcements 5.Presentations/Delegations 5.1.James Meloche, CEO, and Melissa Rudan, Lead, Community Capital Development, Regarding Community Care Durham's 2021 Accomplishments 5 5.2.Veronica Breen, Clarington Youth Centres, John Howard Society of Durham, Regarding Clarington Youth Centres 2021 Accomplishments 24 5.3.Erin MacDonald, LEAF, Regarding Report PWD-007-22 LEAF Backyard Tree Planting Program 2022 39 *5.4.Jade Schofield, Regarding Report PWD-007-22 LEAF Backyard Tree Planting Program 48 6.Reports/Correspondence Related to Presentations/Delegations *6.1.PWD-007-22 LEAF Backyard Tree Planting Program 2022 55 (Sections 5.2 and 5.3 have been Updated) 7.Communications 7.1.Appointment of the Orono Business Improvement Area Members 83 (Motion for Direction) 7.2.Karen Bella, Gather/Family Gathering Ltd, Regarding Business Parking Permit 84 (Motion for Direction) March 21, 2022 General Government Committee Agenda Page 2 8.Staff Reports, Staff Memos and New Business Consideration 8.1.Public Works 8.1.1.PWD-006-22 Improvements to Parking Lot at Tooley's Mill Park 85 8.1.2.PWD-008-22 Solina Traffic Report 90 8.1.3.PWD-009-22 Region of Durham Contract D2021-43 – Courtice Trunk Sanitary Sewer & Baseline Road Reconstruction / Urbanization – Courtice Road to Trulls Road 98 8.1.4.Memo-013-22 Review of Traffic Control Signals at Liberty Street and Baseline Road 104 8.2.Community Services 8.2.1.CSD-006-22 Clarington’s Inclusive Spaces Policy 106 8.3.Legislative Services 8.3.1.LGS-004-22 2023-2026 Committee and Council Meeting Schedule 117 8.3.2.LGS-005-22 2022 Municipal Election – Procedures and Legislative Update 125 8.3.3.LGS-006-22 Return to Council Chambers for Council and Standing Committee Meetings 144 *8.3.4.LGS-007-22 Appointment to the Clarington Municipal Election Compliance Audit Committee 150 (Attachment 1 Distributed Under Separate Cover) (Section 2.4 Updated to Include Additional Applicant) 8.3.5.LGS-009-22 Amendments to the Fee By-law – Finance and Clerk’s 154 8.3.6.New Business - Enforcement By-law (Councillor Traill)163 8.3.7.New Business - Kawartha Pine Ridges School Board 2022 Determination and Distribution Report (Mayor Foster) 164 March 21, 2022 General Government Committee Agenda Page 3 8.4.Financial Services 8.4.1.FSD-014-22 Miscellaneous Catch Basin and Maintenance Hole Repairs 165 8.4.2.FSD-015-22 2021 Building Permit Fees Annual Report 169 8.4.3.FSD-016-22 2021 Annual Statement for Cash-in-Lieu of Parkland 173 8.4.4.Memo-014-22 2021 Region of Durham Council Remuneration Report 177 9.Unfinished Business 9.1.Future Connection for the Farewell Creek Trail (Referred from the March 14, 2022 Council Meeting) Link to Item 8.1.4 of the February 28, 2022 General Government Committee Minutes 10.Questions to Department Heads/Request for Staff Report(s) 11.Confidential Items 12.Adjournment March 21, 2022 General Government Committee Agenda Page 4 Community Care Durham Municipality of Clarington -General Government Committee March 2022 Page 5 About Us •We support individuals over the age of 16 and their caregivers to maximize their independence and thrive wherever they call home •Multi-service registered charitable organization •Proudly celebrating 45 years of service to Durham Region Page 6 Our Services Food & Nutrition •Meals on Wheels Hot & Frozen •Community Food Box •Luncheon Out Page 7 Our Services Health & Wellness •COPE Mental Health •Adult Day Program •Exercise & Falls Prevention •Foot Care Clinics •Community Geriatric Nursing Services Page 8 Our Services Help at Home •Respite –Caregiver Relief •Assisted Living •Supportive Housing •Friendly Visiting •Telephone Reassurance •Home at Last Page 9 Our Services Transportation •Accessible Van Service •Assisted Transportation •Medical & Other Important Drives •Free Transportation to COVID Vaccine Clinics Page 10 Who We Support •10,000+ clients aging in place, with a focus on Seniors and Mental Health (all ages) •98% of clients report that our services are essential to helping them live at home independently •Average age of our clients 77 years 78 years 82 years Page 11 How We Deliver Our Services •In 2020/2021, Community Care Durham provided service to over 1,651 clients in Clarington with many clients receiving multiple services •Services are coordinated locally by staff and the majority of services are delivered by volunteers, 302 of them in Clarington Page 12 We Are Addressing Government Priorities •Seniors •Food Security •Mental Health •Hospital Avoidance •Seniors. Food Security. Mental Health. Hospital Avoidance. •$103 a day for a person to remain at home. •$730 a day to keep someone in hospital •$201 a day to keep a person in long-term care •$103 a day for a person to remain at home Page 13 Our Response During COVID-19 •New Food Security Program –Community Food Box –5,865 boxes •Supported by local business, municipalities, and colleges •65% growth in Meal Deliveries –158,000 meals •Meals on Wheels & Community Food Box •381 clients in Clarington use these services; 25,378 meals delivered in Clarington •Maintained all in-home services due to investments to health and safety strategies; kept supporting seniors and caregivers to socially isolate while attending to their needs (virtual and in-person care) •Led community partnerships to respond to pandemic; key agency leader in Durham Ontario Health Team •Free drives to Vaccination Centres Data based on FY 2020-2021 Page 14 CCD’s COVID-19, Service Success Stories Page 15 Community Food Box •Developed to support vulnerable members of the community, unable to safely acquire the essentials for healthy eating during COVID-19. •When possible, food included in these boxes are locally sourced, giving clients a farm-to-table experience. •Delivery is free and contactless. Community Food Boxes are delivered weekly by our dedicated team of staff and volunteers. •In its first year of operation, CCD delivered more than 5,865 food boxes, which is the equivalent of 32,258 meals. City of Greens, Clarington -Produce Partner Page 16 Adult Day Program •In 2020-2021, our four Adult Day Program Sites provided 4,561 Virtual and In-Person attendance days;1,166 attendance days were provided in Clarington. •Demand for this service will continue to increase as the population ages. •There has been a steady increase in the number of referrals for younger adults with developmental disabilities to attend the Adult Day Program. Client at Adult Day Program, Clarington Page 17 Assisted Living •Supports high risk seniors living at home with personal support, homemaking, security checks, and reassurance services. •Regularly scheduled visits are provided on a 24/7 basis by Personal Support Workers. •Clients also have option of requesting unscheduled visits by a Personal Support Worker for needs that cannot wait. •83 clients in Clarington are supported by our Assisted Living program. Personal Support Worker -Sommer Dunard Clarington Assisted Living Page 18 COPE Mental Health Program •Support groups and specialized workshops focused on education, community connection, and practicing the coping skills needed to improve mental health. •Anxiety, Stress, Depression, Bereavement, Chronic Pain, Women’s Wellness, Men’s Wellness, and more. •In 2020-2021, 322 staff and volunteer-led support group sessions were offered in Clarington, supporting 131 clients. “Thank you for connecting us once again. Now more than ever, maintaining our connections is key to the stability and/or betterment of our mental health. Too often physical distancing can lead to isolation and for many of us, isolation can be deadly. Thank you for giving us a way to break this possibility.” COPE Client Page 19 Strategic Priorities •Enhancing Client Quality of Life •Investing in our People •Championing Healthier Communities •Building for our Future Page 20 What to Expect •CCD intends to be a leading community support agency, not only for Durham, but Ontario. •We are redesigning our process to establish new standards of client care, quality and safety. •We will champion healthy aging and mental health by being at the forefront of innovation and collaboration. •We will shift from being a low technology adaptor (budget constraints) to a technology leader, with a focus on creating new interfaces with clients and driving internal efficiency that will deliver more services. Page 21 Why Your Continued Support is Important Partner with Community Care Durham to: •Create awareness of our programs to those who need it and help residents of Clarington safely and independently age at home –where they want to be. •Champion our role in Durham, with a focus on growth, collaboration and innovation to respond to the region’s growing, and aging, community. •Advocate for sustainable growth funding with a focus on technology and wage parity. •Over time, help us bring to life the vision of Community Wellness Hubs across Durham through fundraising, connecting to local business, and grant supports. Page 22 Thank You! Page 23 Clarington Youth Centres March 21st 2022 General Government Committee Meeting Page 24 In-house activities include pool tables, ping pong, art, video games, music/instruments, food programs and more. All supervised with Youth Counsellors equipped to provide support, referrals, advocacy and mentorship After School Drop-In Program for Youth 12-18 years old Sports/Recreation Social/Leisure Creative/Arts Lifeskills Volunteering/Community Engagement 5 Pillars of Programming Meeting Youth Where They're At All programs are provided FREE of charge, 3 locations, double staffing model to allow youth to feel welcome when they arrive and safe while they stay CYCs Page 25 A look into the year that was . . . and the year ahead Page 26 In Centre In-person at our locations March 1-15 2021 September 4 - December 30 2021 Providing Community Meets January - March 1 2021 April - September 2021 Wellness Virtual Online Programming April - September 2021 Page 27 I hope the kids all enjoyed movie night. What a nice thing to do for the older kids. Not as much for them as the younger ones :) - Clarington Parent Thank you for the DIY kits. My daughter and her friends can't wait to check out the youth centres! - Clarington Parent Page 28 Page 29 My granddaughter loves this place! - CYC Supporter Page 30 Day to Play for Clarington Youth New Partnership with Newcastle Golf and Country Club New partnership with Watson Farms saw our annual Fright Night event take shape outdoors - in a corn maze Fright Night - 2021 Corn Maze Page 31 -Amber O'Shea This was an amazing time!! You guys all trooping it out in the rain was so awesome!! My husband and I went Friday when it was pouring rain and we were not disappointed one bit!! I would definitely recommend -Jen Dzick This was so fun and entertaining!!! Great characters and so well done by all!! Hope this is coming back next year!! Also we love the haunted house we went every year since my son was 4 he even made the paper haha I'll have to find it and share it with you guys! - Fright Night participant -Jennifer Donabie Moyes Another great event thank you again Watson's farm and Firehouse for hosting this event !!!!! 100+ Volunteer Spots 2000+ Volunteer Hours Page 32 Age Breakdown ** registered youth means the individually registered youth that attend the space Loft 255 NYC 202 Firehouse 194 Registered Youth Page 33 Loft Firehouse NYC 500 400 300 200 100 0 Age Breakdown ** age breakdown means the different age demographics that attend the space 12-15 years old 16-18 years old Page 34 Outlook for 2022 Collaboration Sports/Recreation Community Page 35 We have made the update to our website and social media to represent all 3 Clarington Youth Centre spaces! cycentres.ca @cycentres Page 36 Unclear Messages Transportation Increased Mental HealthInternet Safety Lack of Supports Housing Stability Fear Illness Access to PPE Anger Food Stability Increased IsolationFinancial Stress Employment Education Harm Reduction Parent-Teen Conflict Abuse Addiction Anxiety Exercise/Activity Access to Technology Loneliness Depression Feeling StuckAccess to Services Social Developmental Needs Healthy Relationships Conflict Resolution Rights Communication Coping Strategies Page 37 The work continues Thank you Municipality of Clarington for your continuous support and investment in Clarington Youth Page 38 LEAF is a non-profit organization that teaches people about trees and gets them excited about the urban forest. We plant native trees on private property and educate people on how to care for the trees in their communities. Page 39 Backyard Tree Planting Program Full-service ✓30 min site consultation with LEAF arborist ✓5-8 foot tall native, deciduous tree or 2-4 foot tall native, evergreen tree ✓Delivery and planting service ✓Mulch and a planting and care guide ✓Cost to property owner for full service is $150-$220 per tree ✓Backyards only Do-it-yourself ✓30 min virtual consultation with LEAF arborist ✓5-8 foot tall native, deciduous tree or 2-4 foot tall native, evergreen tree ✓Delivery + instructional planting/care video ✓Mulch and a planting and care guide ✓Cost to property owner for full service is $100-$170 per tree ✓Back, side and front yards Page 40 Durham Region: July 2020 to today Rolled out the Backyard Tree Planting Program across most municipalities Interest from residents was extremely high! Restoration planting activities launched in the Fall of 2021 Education and engagement activities continue to grow momentum Page 41 Backyard Tree Planting Program: Year 1 accomplishments A total of 212 property owners participated in the program! Full Service Program Units Planted Trees 257 Pawpaws 24 Shrubs 184 Garden Kits 14 Participants 193 DIY Program Units Planted Trees 26 Shrubs 5 Participants 19 Combined Units Planted Trees 283 Shrubs 213 *Year 1: 4 participating local municipalities (Oshawa, Pickering,Scugog,and Whitby). Ajax joined regional agreement in Year 2. Page 42 Backyard Tree Planting Program: Year 1 Participant Data Top 3 Reasons for Wanting a Tree To help the environment 338 Shade 292 Aesthetics 263 Privacy 248 Wildlife habitat 146 Increase property value 57 Energy conservation/save money 51 Commemoration of a person/event 26 Heard About Details Municipal website 122 Facebook 94 Municipal newsletter 86 Friend or family member 69 Media (newspaper, radio, TV)46 Web search 45 Top reasons for participating: •Arborist consultation •Subsidized price 87%would have planted fewer or no trees/shrubs without the LEAF program 89% said their species choice was influenced by LEAF 97% said the price was reasonable or very reasonable Page 43 Naturalization Planting Events:October 2021 Municipality Park Name Trees/Shrubs Planted Volunteers Engaged Oshawa Central Park 266 146Whitby Rosedale Park 250 Pickering Pine Creek 241 TOTAL: 757 Page 44 Education & Engagement Events Type of activity Number since July 2020 Durham Region participants Tree Tours 2 52 Presentations 3 23 Volunteers (orientation)8 41 Planting events 3 146 Totals 16 events 262 participants Page 45 Free native shrubs: available to volunteers and event participants 310 shrubs distributed to Durham Region residents 9 native species to choose from Page 46 Keys to Success Joint Communications Plans with Durham Region and local municipalities -Seasonal Social Media content create by LEAF for partner use -Municipal communications channels are extremely effective Client relationships and focus on education Complimentary community programs the boost engagement opportunities Page 47 Support for the Backyard Tree Planting Program Jade Schofield (MSc Env), EP Newtonville, Resident Ontario Urban Forest Director Page 48 •Climate Change •Property Value •Town Beautification •Health •Asset Management (trees are the only asset that increases in value over time). Why Should The Municipality Support Tree Planting on Private Property? Page 49 The Tree Planting Void in Clarington •Current tree planting programs primarily target large and rural property owners. •Require some knowledge of trees to participate. •Limited monitoring of program uptake or survivability of plantings. •Do not service low income, smaller property owner or unaware and just want a tree in their backyard. Page 50 Benefits to Offering LEAF Program VS. Other Programs LEAF is more than just tree planting it’s a full turn-key service that: –Targets urban and surburban areas –Provides affordable, accessible, convenient and equitable tree services –Gets the right trees planted in the right place –Addresses tree loss in new development –Prevents hazards & neighbor conflicts over time –Supports recovery from impacts of EAB and the 2013 Ice Storm. –Promotes biodiversity & climate resiliency –Supports local suppliers –Provides community health and well being benefits –Increases municipal customer service This is not just a planting program for large property owners and people who love trees, this is a program for those who want a tree but don’t know where to start. Page 51 Current Municipalities Who Run the Program Toronto Vaughan Markham Richmond Hill Ajax Aurora Newmarket Whitchurch- Stouffville Whitby King Georgina East Gwillimbury Scugog Pickering Oshawa Clarington (2022)? Page 52 The Goal Page 53 THANK YOU Page 54 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: March 21, 2022 Report Number: PWD-007-22 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: LEAF Backyard Tree Planting Program 2022 Recommendations: 1. That Report PWD-007-22 and any related communication items, be received; 2. That Council receive the LEAF Backyard Tree Planting Program Interim Report - Dec 2020 (Attachment 1) for information; 3. That Council approve a new backyard tree planting pilot program at the Municipality of Clarington; 4. That a sole source contract for the delivery of the Backyard Tree Planting Program be awarded to Local Enhanced Appreciation of Forests (LEAF) for 2022, in the amount of $15,000; 5. That the 2022 cost, in the amount of $15,000, be funded from the existing approved 2022 Public Works Department tree planting budget; 6. That Council direct staff to enter into a one-year program agreement with the Region of Durham, LEAF and participating Local Area Municipalities to deliver the backyard tree planting program in 2022, with terms and conditions satisfactory to the Chief Administrative Officer, Director of Public Works; Director of Financial Services and the Director of Legal Services; 7. That Council direct staff to review the performance of the LEAF Backyard Tree Planting program in 2022 prior to the 2023 budget cycle to consider whether the program should be continued in 2023; and 8. That all interested parties listed in Report PWD-007-22 and any delegations be advised of Council’s decision. Page 55 Municipality of Clarington Page 2 Report PWD-007-22 Report Overview This report provides an overview of the LEAF Backyard Tree Planting program, its costs and benefits to the community, and recommends the implementation of the program as a one - year pilot in Clarington. The LEAF Backyard Tree Planting program launched in Du rham 2020 as a joint program between LEAF, the Region of Durham, the Town of Whitby, City of Oshawa, City of Pickering, Township of Scugog and the Town of Ajax. The program subsidizes a portion of the costs to deliver a full-service tree-planting program for residents in each of these communities, in addition it provides access to shrubs, native plant kits and several educational opportunities. Over the two-year period the LEAF program has been in operation in Durham Region it has shown itself to be a valua ble tool for growing urban tree canopy in urban private properties, where municipalities have no ability to plant trees. 1. Background 1.1 Literature suggests that an urban canopy cover between 30-40% is an indicator of a sustainable community. The Region of Durham’s Official Plan highlights a target of 30% tree canopy cover. Currently, Clarington’s urban areas have a canopy cover of approximately 5-15%. 1.2 A healthy and resilient urban forest provides many benefits that allow the Municipality to be a “safe, vibrant, healthy and prosperous environment”, the vision identified within the 2018 Clarington Official Plan. 1.3 Municipal Council endorsed the Durham Community Climate Adaptation Plan in 2017, including the objective “To enhance natural capital and build climate re silience in the natural environment.” 1.4 The majority of plantable space within Clarington’s urban and suburban areas is located on privately owned residential property, which is not within the control of the Municipality. 1.5 A backyard tree planting program will significantly contribute to the growth of urban Canopy in Clarington. Trees can advance three pillars of sustainability - environmental, social and economic - and minimize the impacts of climate change. This is because: trees are one of the only carbon sinks within our community and can absorb climate causing greenhouse gas emissions by removing and storing the carbon while releasing oxygen back into the air; trees can reduce the heat island effect by cooling urban areas by up to 12°C by shading homes and streets; Page 56 Municipality of Clarington Page 3 Report PWD-007-22 established trees on well-planted properties or streets can raise property values by as much as 15 percent; trees reduce stormwater runoff and improve water quality by breaking rainfall. By absorbing water they can dramatically reduce stormwater runoff and they can act like a sponge and can filter water before it enters natural waterways; tree-lined waterways help prevent erosion as they slow water runoff and hold soil in place; trees help improve air quality by absorbing odours, pollutant gases and filter particulates out of the air by trapping them on their leaves and bark; trees can reduce energy needs for air conditioning by up to 50 percent when placed strategically around a home; studies show that a tree-lined street can help slow traffic, enough to allow the drivers to look at the storefronts; trees can reduce exposure to harmful UV rays by about 50 percent. 1.6 Larger trees provide the greatest benefit to the community. Planting to establish a mature canopy within an urban and suburban environment requires consideration of many factors to ensure that they grow healthy while minimizing risk to infrastructure. 2. LEAF Backyard Tree Planting Program 2.1 In 2020, the Region launched the LEAF Backyard Tree Planting program in partnership with the Town of Whitby, City of Oshawa, City of Pickering, Township of Scugog and the Town of Ajax. 2.2 The LEAF Backyard Tree Planting Program offers municipalities and residents an affordable turn-key program for obtaining new trees and shrubs for residential properties including single detached homes, townhouses and multi-residential units. 2.3 The goal of the program is to ensure the right tree is planted in the right place. LEAF works directly with the homeowner to evaluate site conditions such as available space, light and soil. These considerations help ensure the establishment of large-growing native trees whose dense canopies can provide maximum environmental, economical, and social benefits. 2.4 Through the LEAF program, homeowners purchase native species, which will help t o beautify their yards and enhance overall urban canopy coverage. The price that program participants pay is subsidized to reduce barriers to participation. 2.5 Multi-unit residential buildings and businesses with adequate planting space may also participate in the program. Page 57 Municipality of Clarington Page 4 Report PWD-007-22 2.6 The program subsidizes the cost of a full-service tree-planting program on private residential, multi-residential and commercial property, and also provides the community with access to native shrubs, native plant kits and several educationa l opportunities. 3. Participation in the LEAF Program 3.1 Residents who participate in the program follow these steps: Complete an online application and pre-visit questionnaire to ensure that the property owner qualifies for the program has adequate space to plant, has realistic expectations and is committed to long term tree care; Receive an on-site consultation at the application residence with an ISA certified arborist from LEAF to determine appropriate species and planting locations; ISA certified arborist plants a 5-8 ft. tall tree in the spring or fall; Receive a Tree Care Guide to assist with the ongoing care of the tree; Follow-up questionnaire to assess participant satisfaction and/or follow -up visits to assess tree health. 4. Benefits of Urban Backyard Trees 4.1 There are many benefits to the program including: It targets planting on the most available space - residential property; It ensures trees are planted in suitable locations that allow for their growth while minimizing risk to infrastructure; It promotes the planting of native species to ensure maximized environmental benefits; It provides relief for homeowners who have lost trees on private property due to Emerald Ash Border or the 2013 ice storm; It leverages local seed material as much as possible, including from tree nurseries in Clarington and across the Durham Region. Doing so enables LEAF to provide participants with genetically appropriate stock, which makes for trees that are more resilient and able to withstand the harsh conditions of urban environments. 5. Financial Consideration 5.1 The residents who participate in the program fund the remaining cost for the program. The costs vary depending on the tree species that are selected and are between $180 - $220. Page 58 Municipality of Clarington Page 5 Report PWD-007-22 5.2 The total cost to deliver the LEAF Backyard Tree Planting Program in Clarington is $30,000 per year of which, the Municipality will provide $15,000. 5.3 The Region of Durham will contribute $80,000 annually to the operation of the LEAF program in participating Durham Area Municipalities. 5.4 This cost covers the subsidy to plant the trees and everything required to make the program operational including marketing, education, staffing and the trees themselves. 5.5 LEAF may provide additional services when they are successful in securing additional funding (for example, they are funding a community tree plant in the fall). 5.6 Subject to Council approval of this report, as the program is set to resume in June 2022, it is recommended that the $15,000 required for this program in 2022 be funded from the existing approved 2022 Public Works Department tree planting budget. 6. Public Engagement 6.1 The delivery of the LEAF Backyard Tree Planting program includes the development of comprehensive communications planning to deliver a consistent region -wide campaign to promote the program. The Municipality of Clarington logo will be included on all region-wide materials. 6.2 Communication materials will be developed by LEAF including social media messaging, website content and print material advertisements. The Municipality’s Communications Department will deliver these materials through the Municipality’s communication channels. 6.3 The LEAF Backyard Tree Planting program includes the development of comprehensive communications planning to deliver a consistent region-wide campaign to promote the program. 6.4 Communication materials will be developed by LEAF including social media messaging, website content and print material advertisements. The Municipality’s Communications Department will deliver these materials through the Municipality’s communication channels. 7. Conclusion 7.1 As noted in sections 1.5 and 4.1 above, trees provide numerous benefits to urban areas that contribute to the wellbeing of residents. 7.2 Since it was launched in Durham Region 2020, the LEAF program has received greater than 100% participation (more demand than available trees). Page 59 Municipality of Clarington Page 6 Report PWD-007-22 7.3 Over the two-year period the LEAF program has been in operation in Durham Region the LEAF program has shown itself to be a valuable tool for growing urban tree canopy in urban private properties, where municipalities have no ability to plant trees. Staff Contact: Doran Hoge, Project Manager - Energy and Climate Change Response, 905- 623-3379, ext. 2429 or Dhoge@clarington.net Attachments: Attachment 1 - 2021 LEAF Annual Report Interested Parties: The following interested parties will be notified of Council's decision: Frank Filippo, BILD Durham Chapter Central Lake Ontario Conservation Authority Peter Cohen, Climate Justice Durham Alyssa Scanga, Climate Justice Durham Stacey Hawkins, Durham Region Homebuilders Association Ganaraska Region Conservation Authority Erin MacDonald, Local Enhancement and Appreciation of Forests (LEAF) Ian McVey, Regional Municipality of Durham Kate Potter, Smooth River Consulting Valleys 2000 Susan Elston Libby Racansky Page 60 2021 ANNUAL REPORT Attachment 1 to Report PWD-007-22 Page 61 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 2 Planting with LEAF Page 62 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 3 We planted 1,630 native trees and shrubs through the Backyard Tree Planting Program with over 625 property owners. WE PLANTED IN... Ajax • Aurora • East Gwillimbury • Georgina • King • Markham Newmarket • Oshawa • Pickering • Richmond Hill • Scugog Toronto • Vaughan • Whitby • Whitchurch-Stouffville Page 63 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 4 CLIENT SURVEY HIGHLIGHTS: • 91% of Toronto respondents said their species choice was influenced by LEAF • 53% of Durham Region respondents said they would have planted fewer or no trees/shrubs without LEAF • 100% of York Region respondents said LEAF staff courtesy and professionalism was excellent or good “My garden has never looked better since discovering the LEAF program with their excellent selection of trees/ shrubs. LEAF’s service is compared to none. I’m hooked!” “We couldn’t believe how easy it was to access this program, how knowledgeable the arborist was, and how professional all of the staff were.” Page 64 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 5 We increased habitat in our service area by distributing 80 Native Garden Kits. GARDEN KITS • Butterfly Kits, with meadowsweet, black-eyed susan and more • Songbird Kits, with serviceberry, wild bergamot and more • Native Bee Kits, with bee balm, common snowberry and more • Shade Thriving Kits, with great blue lobelia, ostrich fern and more ©2020 Sheila CollaPage 65 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 6 We helped residents create wildlife-friendly yards through 3 educational campaigns that highlight native species: Backyard Biodiversity, Bees Love Trees and Project Swallowtail. BACKYARD BIODIVERSIY This campaign offers useful tips to ensure peaceful co-existence with the urban wildlife that live in or visit our yards. We spread the word on how to maximize #BackyardBiodiversity through blogs, factsheets and more. Page 66 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 7 • 99 new trees planted • 205 native shrubs distributed • 21 TCH properties engaged • 12 tenant-led Tree Care Teams THE TORONTO COMMUNITY HOUSING (TCH) PLANTING AND STEWARDSHIP INITIATIVE aims to increase urban forest canopy cover and achieve environmental and quality of life benefits for TCH tenants by planting trees and engaging the local community in their stewardship. Highlights from 2021: Page 67 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 8 We distributed over 1,300 free, native shrubs in Toronto, York Region and Durham Region to promote planting native species on private property. Shrubs were offered to individuals who participated in our educational and volunteer activities.SPECIES OFFERED IN 2021 1. American hazelnut 2. Common ninebark 3. Common snowberry 4. Eastern redbud 5. Meadowsweet 6. Pagoda dogwood 7. Purple flowering raspberry 8. Red osier dogwood 9. Serviceberry 10. Spicebush Page 68 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 9 Volunteering with LEAF Page 69 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 10 Together, our 461 active LEAF volunteers dedicated over 5,100 hours participating in planting events, providing stewardship, raising awareness online and more! This year, We held 6 online volunteer orientations, where we gained 221 new volunteers. SOCIAL MEDIA OUTREACH VOLUNTEERS COVID-19 limited our ability to connect with community members face-to- face. In response, we launched the Social Media Outreach Team to engage the public in urban forest issues. This team of 13 specially trained LEAF volunteers helped amplify our messages and broaden our reach. Page 70 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 11 PLANTING IN YORK REGION: We held 6 planting events in Richmond Hill and 3 in King Township. In total, LEAF volunteers dedicated over 700 hours to plant over 2,100 native trees and shrubs on public lands in York Region. STEWARDSHIP IN YORK REGION We want the trees we plant to survive and thrive! That’s why we hosted 3 stewardship events in York Region, where LEAF staff and volunteers dedicated over 150 hours to weed and mulch naturalization sites. Together, we removed 54 bags of invasive species and mulched over 1,400 newly planted native trees and shrubs. Page 71 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 12 COMMUNITY PLANTING IN DURHAM REGION We held our first ever community planting events in Durham Region. Joined by LEAF volunteers and community members, we greened 0.267 hectares of public land with over 750 native trees and shrubs at 3 planting events. WHITBY We planted 266 species in Rosedale Park with the help of 50 volunteers. PICKERING We planted 241 species in Pine Creek with the help of 43 volunteers. OSHAWA We planted 250 species in Central Park with the help of 53 volunteers. Page 72 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 13 The LEAF Learning Garden at Wychwood Barns Park and our Urban Forest Demonstration Gardens were cared for by 46 volunteer garden stewards. THE URBAN FOREST DEMONSTRATION GARDENS These gardens showcase the beauty of native species, demonstrate the possibilities of naturalized spaces in urban areas and provide an opportunity for residents to play an active role in improving their communities. Following preventative health guidelines, our dedicated volunteers kept these biodiverse spaces beautiful and inviting all year. Page 73 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 14 Learning with LEAF Page 74 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 15 42 individuals graduated from our Tree Tenders Volunteer Training course. Lessons included: • Tree biology and functions • Tree identification • Tree planting, care and maintenance • Municipal bylaws and policies “Tree Tenders was amazingly educational, fun, and eye- opening, and the team at LEAF was amazingly kind, thorough, and knowledgeable.” “Learning from passionate, knowledgeable professionals was inspiring, and I’m amazed at the content we were able to cover in so short a time. I can’t wait to get my hands dirty and put this information to good use!” Page 75 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 16 Our Young Urban Forest Leaders program provided four months of virtual training and mentorship to youth. Highlights from 2021: • 21 program participants • 11 virtual workshops • 5 guest speakers • 4 public webinars led by program participants • 320 webinar attendees WORKING WITHIN THE COMMUNITY Over the course of the program, participants identified priorities for planting and stewardship within their own neighbourhoods and sparked awareness of the urban forest through targeted outreach. This year’s participants also helped promote the native shrub giveaway in their communities. Page 76 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 17 We launched a new, free, four- part training program: Young Ravine Leaders. Joined by 24 Toronto youth, we explored the City’s ravines through a mix of virtual and in-person activities. YOUNG RAVINE LEADERS aims to empower the next group of ravine advocates in the City of Toronto! Participants had the chance to: • Learn from ravine experts • Network with industry professionals • Explore career and volunteer opportunities • Solidify online learnings through a guided ravine walk Page 77 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 18 We hosted 21 virtual learning events with over 900 live attendees. To complement virtual learning, we developed 6 activity sheets to facilitate safe and fun outdoor exploration. LEARNING WITH LEAF Educational events highlighted tree identification, benefits of the urban forest, the value of biodiversity and more. Highlights from 2021: • 15 Presentations, including Discovering Richmond Hill’s Biodiversi-tree • 3 Workshops, including a session for the City of Toronto’s Community Stewardship Program • 3 Tours, including the Alex Robertson Park Tree Tour Page 78 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 19 Capacity Building within LEAF Page 79 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 20 The Psychological Health and Safety Committee works to build a strong work culture that encourages a healthy work-life balance, resilience and positive mental health. 2021 ACHIEVEMENTS: 1. Helped implement permanent employee contracts 2. Helped increase paid sick days for employees 3. Developed the LEAF Workplace Culture Goals 4. Provided staff with work from home tools and resources Page 80 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 21 The Reconciliation and Anti-Racism Committee aims to facilitate anti-racist organizational change and reconciliation work. The committee is a collaborative effort between LEAF staff and Board Members. 2021 ACHIEVEMENTS: 1. Developed an action plan detailing short, medium, and long-term actions 2. Met regularly throughout 2021 to work on implementing actions 3. Commemorated the first annual National Truth and Reconciliation Day 4. Coordinated anti- oppression and anti-racism training for LEAF staff and Board Members In 2022, the RAAR Committee will continue to learn from racialized communities and experts and work collaboratively to develop tangible goals. Page 81 Local Enhancement and Appreciation of Forests 2021 Annual Report Page 22 THANK YOU TO OUR SUPPORTING PARTNERS An agency of the Government of Ontario Un organisme du gouvernement de l’Ontario Page 82 1 Patenaude, Lindsey From:Terrens Wellness <terrenswellness@bellnet.ca> Sent:Tuesday, March 8, 2022 3:18 PM To:Patenaude, Lindsey Subject:RE: ODBIA Mar 3 minutes EXTERNAL Lindsey – per your request. The following are the new appointees for the Orono DBIA. We would like to request that council appoint these members. Chair – Gavin Cobb Vice-Chair – Karen Lowery Treasurer – Frank Maitland Secretary – Heather Maitland Scott Story – non-Orono DBIA member (heads up our event committees) Appointed Councillor – Margaret Zwart Karen Lowery – former chair of the Orono DBIA Terrens Wellness Page 83 1 Patenaude, Lindsey From:Patenaude, Lindsey Sent:Monday, March 14, 2022 2:09 PM To:Patenaude, Lindsey Subject:FW: Business Parking Permit From: gather <gatherthegoodthings@gmail.com> Sent: March 2, 2022 11:56 AM To: Mayor Shared Mailbox <mayor@clarington.net>; Lynn <lymart@hotmail.com> Subject: Business Parking Permit EXTERNAL Dear Mayor Foster & Members of Council, As a long‐standing downtown business & member of the BIA, I would like to make a request that council approve a business parking permit for part time employees working in the downtown core. As a business owner, I have a number of part time staff who only work 2‐3 days a week & in order to leave on street parking for customers visiting businesses downtown, I encourage my employees to park in the municipal lots. With the recent increase in parking rates in the municipal lots ($2 maximum is now $5), it has become quite costly for part time employees to secure parking. After some discussion with Mayor Foster, I am asking council to consider a business parking permit, which would be offered at 50% of the regular permit & issued through the local BIA business in order to ensure these parking permits are being utilized by part time employees. If it is helpful from an administrative perspective, as a business, I would be more than happy to purchase the business permit on an annual basis. Please feel free to contact me if you have any questions or concerns. Thank you for your consideration & I look forward to hearing from you. Regards, Karen Vella Member of the BIA & Business Owner of Gather Karen Vella Gather / Family Gathering Ltd 51 King Street East Bowmanville, ON L1C 1N1 905‐623‐0773 Some people who received this message don't often get email from gatherthegoodthings@gmail.com. Learn why this is important Page 84 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: March 21, 2022 Report Number: PWD-006-22 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Improvements to Parking Lot at Tooley's Mill Park Recommendations: 1. That Report PWD-006-22 and any related communication items, be received; 2. That Public Works staff be directed to ensure that all necessary improvements are completed at the Parking Lot for Tooley’s Mill Park over the next few weeks; and 3. That all interested parties listed in Report PWD-006-22 and any delegations be advised of Council’s decision. Page 85 Municipality of Clarington Page 2 Report PWD-006-22 Report Overview This report addresses Council resolution GG-134-22 that was carried at the regular meeting of February 28, 2022. This resolution directed staff to report back to the March 21, 2022, General Government Committee Meeting on the improvements that need to be made to the parking lot at Tooley’s Mill Park, including the surface, signage, and the date when the Municipality will assume control of the parking lot. 1. Discussion 1.1 Council resolution GG-134-22 requested information about improvements and the current ownership status of the parking lot on which the sales pavilion for the “Courtice Uplands” development is currently situated. 1.2 The land was acquired by the Municipality from High Street Courtice Inc. on May 8, 2019, in advance of any development approvals for the Courtice Uplands development. At the time, this was seen as a cooperative gesture by the developer to accelerate parkland dedication to allow the land to be put to immediate use as a parking lot for visitors to Tooley’s Mill Park. The obligations of the developer to convey land for park purposes would not ordinarily have arisen until the development approval, which as of the date of this report is still pending. 1.3 In return for the early land dedication, the Municipality agreed that the developer would be allowed to continue to use the property as a site for its sales pavilion on a temporary basis. 1.4 Further details of this early park dedication were provided in Report PSD-059-17 and PSD-067-17. 1.5 The License Agreement that was entered into with the developer currently provides that the sales pavilion can remain on the site until no later than May 8, 2023. If an extension is requested, it may be granted at the sole discretion of the Municipality. The agreement also provides that at the conclusion of the agreement, the developer will remove the sales pavilion, and restore the parking lot and entrance in accordance with the technical specifications included in the related engineering drawing. 1.6 On Wednesday, March 9, 2022, the license agreement holder c ompleted some initial improvements to the parking lot surface. These upgrades included the placement and grading of additional stone. Conditions now provide for a pothole free surface, however, gravel conditions are still somewhat wet due to the current time of year. See Figure 1 below. Page 86 Municipality of Clarington Page 3 Report PWD-006-22 Figure 1: Tooley’s Mill Park Parking Lot 1.7 Public Works staff will continue to work with the license agreement holder on the completion of further improvements. These additional upgrades will address the entrance into the parking where it transitions from asphalt to gravel. Present road grades at this location causes standing water that creates frequent potholing. Other initiatives will also require the removal of garbage and a general tidy-up of the area around the Tooley’s Mill Park sign. See Figure 2. 1.8 Public Works staff will also be mechanically sweeping Old Kingston Road leading down to Tooley’s Mills Park as Spring weather conditions improve. Page 87 Municipality of Clarington Page 4 Report PWD-006-22 Figure 2: Access to Tooley’s Mill Park Parking Lot from Highway 2 2. Concurrence This report has been reviewed by the Director of Legislative Services / Municipal Solicitor who concurs with the recommendations. 3. Conclusion It is respectfully recommended that Council receive this report for information and that over the course of the next few weeks Public Works staff be permitted to follow-up on the additional improvements to the Parking Lot at Tooley’s Mill Park. Page 88 Municipality of Clarington Page 5 Report PWD-006-22 Staff Contact: Stephen Brake, Director of Public Works, 905-263-2291 extension 2903 or sbrake@clarington.net Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 89 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: March 21, 2022 Report Number: PWD-008-22 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Solina Traffic Report Recommendations: 1. That Report PWD-008-22 and any related communication items, be received; 2. That Council review the Traffic Improvement Options presented in this Report and that staff be provided with direction to implement the options summarized in the Conclusion section; 3. That all interested parties listed in Report PWD-008-22 and any delegations be advised of Council’s decision. Page 90 Municipality of Clarington Page 2 Report PWD-008-22 Report Overview At the Joint Committee meeting held on Monday, February 7, 2022, Council passed Resolution JC-011-22 and JC-012-22. These resolutions were adopted in response to a delegation by two residents of the Hamlet of Solina regarding their concerns over vehicle and pedestrian safety. Resolution JC-011-22 directed staff to report back on suggestions for traffic calming measures, restrictions for truck traffic and a possible sidewalk extension in the Hamlet of Solina. Resolution JC-012-22 requested that staff also report back on the reason why Clarington is allowing the movement and placement of fill in contravention of the fill By-law. This report provides clarity on the Clarington Site Alteration By-law and offers various short- term and longer-term traffic safety improvements that may be considered for implementation in the Hamlet of Solina. 1. Background 1.1 The Hamlet of Solina is clustered around the collector roads of Concession Road 6 and Solina Road in the western part of the rural area of Clarington. Concession Road 6 provides an east-west travel route across the Municipality with easy access to Highway 35/115, and connections to the various aggregate sites located along Regional Road 20 in the northern reaches of the Municipality. 1.2 The Hamlet of Solina has experienced significant changes in traffic patterns over the past few years. These changes can be attributed to the recent construction activities of Highway 407 and Highway 418 and more recently the areas of major residential growth that are occurring in northeast Oshawa. Community concerns related to the traffic are primarily associated with the high volume of dump truck traffic that is utilizing Concession Road 6. Reports from the community are frequently received regarding speeding, littering, noise and unsafe vehicle operations. 1.3 During the construction of Highway 407 and highway 418, staff worked jointly with the construction consortium to provide traffic safety improvements in the Hamlet of Solina. The efforts resulted in the installation of an All-Way STOP and the provision of roadway illumination at the offset intersection of Concession Road 6 and Solina Road. 1.4 At this time, the large scale residential development activities in Oshawa are resulting in an excessive number of dump trucks using Concession Road 6. Staff have confirmed that the majority of these truck movements are being completed by “dirt brokers”. Under this type of business practice, dump truck operators bid on individual load prices thereby creating a very competitive market. Operators often accept loads with low margins which results in a need to create profit through reduced vehicle maintenance and the Page 91 Municipality of Clarington Page 3 Report PWD-008-22 risk of incurring traffic violations. For these haulers, Concession Road 6 represents the shortest travel route for the transport of on-board materials between the source and a destination site. 1.5 One of the known dump locations is an aggregate pit located on the north side of Regional Road 20 in the City of Kawartha Lakes. Clarington staff have attempted to mitigate the truck issues in the Hamlet of Solina by reaching out to the City of Oshawa in order to work cooperatively on re-routing the trucks to Regional roads, to no effect. Since the origin and destination of the truck movements are located outside of Clarington’s boundaries the current site alteration control mechanism does not apply. 1.6 Another type of dump truck operation that has affected the Hamlet of Solina in the past involves the local agricultural community. Material is often accepted at tree and sod farms for field top up. This practice has resulted in a significant number of dump trucks using various rural roads which makes it hard for staff to address. Staff continuously discuss these issues with the farm owners with the intent of reducing the impact of heavy truck traffic. 2. Clarington Site Alteration By-law 2.1 The Clarington Site Alteration By-law 2008-114 (the “By-law”) regulates the placement or removal of fill within the Municipality. The By-law is enacted pursuant to the authority found in section 142 of the Municipal Act, 2001. 2.2 The By-law includes a general prohibition on dumping fill that originates from a variety of sources that are outside of Clarington, however, the By-law is subject to a variety of exemptions. 2.3 These exemptions include, but are not limited to: a) Fill has been taken from within a municipal road allowance or municipal easement as part of a municipal construction or reconstruction project undertaken by or on behalf of a municipality; b) Operations of an otherwise lawful business which imports, processes, used an /or calls organic or granular material; and c) Fill that is placed in connection with a normal farm practice including sod- farming, greenhouse operations and nurseries for horticultural products. 2.4 It should be noted that many, but not all, of the exemptions found in the By-law are mandatory exemptions pursuant to section 142 of the Municipal Act, 2001. Page 92 Municipality of Clarington Page 4 Report PWD-008-22 3. Traffic Data 3.1 Staff have deployed speed monitoring equipment on Concession Road 6 and Solina Road since 2016. These devices include the standard temporary Radar Message Boards that have been used multiple times to record data and determine traffic operating parameters. In 2021, staff purchased additional larger Radar Message Boards for semi-permanent locations. Two of these units are currently installed at the west and east entry points into the Hamlet of Solina. The most recent available data obtained from the Semi-Permanent boards is as follows: Concession Road 6 Westbound approximately 500 meters east of Solina Road (at the transition from 70 km/h to 50 km/h) o Average Speed ranges 66-71 km/h o 85th percentile speed ranges 76-82 km/h Concession Road 6 Eastbound approximately 250 meters west of Solina Road (with a posted speed limit of 50 km/h) o Average Speed ranges 58-65 km/h o 85th percentile speed ranges 71-77 km/h It is worth noting that due to the physical conditions of the roadside environment and the availability of installation locations, speeds for both locations are recording vehicles on the downhill approaches into the hamlets. 3.2 Staff have also studied the roadway network surrounding the Hamlet and the type of traffic that is travelling through Solina. While the influx of dump truck traffic is the major contributor for increases in complaints from residents, there is also a seasonal “out of town” traffic pattern created by cottagers that escalates during the summer weekends. 3.3 It should be noted that for any traffic improvement solutions to be effective they must suitably correspond to the environment and target the driver type. Selecting “artificial” means that feel out of place in a rural setting will not be adhered to or achieve the desired results. An example of this approach is the arbitrary lowering of posted speed limits. Page 93 Municipality of Clarington Page 5 Report PWD-008-22 4. Traffic Improvement Options 4.1 In 2021, Durham Regional Police Service (DRPS), in discussions with Clarington staff, engaged with the local community and established a communications group. Discussions included traffic concerns and violations, trucks, living conditions, enforcement, littering and sidewalks. Several proposals were discussed with DRPS and Clarington staff. 4.2 One of the current tools that staff have been using are the Radar Message Boards. Aside from the seasonal deployments, staff have now dedicated two larger semi- permanent Radar Message Boards to the Hamlet. Since these units are powered by internal batteries and auxiliary solar panels the equipment will continue to be utilized in Solina until the current traffic problems have been resolved or a requirement arises to relocate the units to another location. 4.3 On March 1, 2022, staff took interim steps to address truck traffic. In discussions with DRPS, and with their full support of enforcement, staff have temporarily signed Concession Road 6 and Concession Road 7 from Townline Road to Bowmanville Avenue as NO HEAVY TRUCKS. The purpose of these regulations is to directly target the truck traffic related to the large developments in north Oshawa using Conlin Road onto Concession Road 6. This prohibition will serve as a direct deterrent to any of the truck movements wanting to use Concession Road 6. Due to the concurrent start of the seasonal weight restriction season for Oshawa, Region of Durham and Clarington roads, the Oshawa construction site has been temporarily closed and the dump truck traffic has ended. Public Works staff and DRPS, however, will monitor Concession Road 6 when the Spring weight restrictions expire at the end of April and the development site reopens. 4.4 The All-Way STOP at the intersection of Concession Road 6 and Solina Road was installed during the construction of Highway 407 and Highway 418 to address changing traffic patterns and detours. To further enhance the awareness of these stop conditions upon approach to the intersection red flashing beacons are recommended to be installed above the existing STOP signs. The effect may result in improved compliance with the all-way stop sign conditions that are present. 4.5 Public Works staff have implemented several Community Safety Zones (CSZ) along urban road sections. These regulatory provisions were originally introduced by the Ministry of Transportation to offer additional support to high problem areas such as in schools zones or urban clusters. While various CSZ’s have been in place for some years, staff have not been able to gather statistical evidence that would directly demonstrate any proof of their effectiveness or a change in driver behavior. This is based on feedback from various jurisdictions across the province and from reviews of Page 94 Municipality of Clarington Page 6 Report PWD-008-22 local speed data when comparing active CSZ’s to other areas in Clarington that are not signed. The introduction of a Community Safety Zone in Solina is not recommended. 4.6 To date, pedestrian sidewalks have only been constructed on the north side of Concession Road 6 between Solina Road and the west limit of the Hamlet due to the rural nature of the Hamlet. Staff are now recommending that additional pedestrian walking facilities be installed to connect to the Community Center. The proposal recommends that a new concrete sidewalk be constructed along the north side of Concession Road 6 fronting Solina Community Park and that a paved shoulder be added to the east side of Solina Road from Concession Road 6 to the intersection of Hockaday Court (See Figure 1). The preliminary estimates for the conceptual improvements would be approximately $136,000, based on the average costs of similar projects from 2021. Figure 1: Conceptual drawing of pedestrian facility improvements in Solina. Page 95 Municipality of Clarington Page 7 Report PWD-008-22 4.7 Public Works staff have been testing traffic calming Flex Signs. The purpose of these devices is to physically narrow the travel lane while also changing the driver’s perception. Studies have confirmed that various levels of speed reduction have been observed depending on the installation location and the roadway operating parameters. Because the Hamlet of Solina is located within an active farming area, staff are not recommending the use of Flex Signs at this time. When previously tested in Enniskillen, the Flex Sign devices caused damage and operational changes to the various pieces of farm equipment passing over them. 4.8 Over the past two years, staff have been testing several sets of traffic calming seasonal rubber speed cushions. The initial installation location in Enniskillen received very positive feedback, both from the residents and the local farming community. When installed, the cushions have proven to be an effective tool in reducing vehicle travel speeds for the duration of the season. Potential locations for the installation of trial speed cushions in Solina would be along Concession Road 6, with one set of cushions approximately 200 meters west and east of Solina Road . It should be noted that while the speed cushions provide a marked reduction in vehicle speeds they can also generate additional noise that may lead to complaints from local residents. 4.9 Public Works staff are presently developing a Traffic Calming Guide for the Municipality. When approved by Council this document will provide a tool kit of industry accepted standards and a full implementation procedure that will assist with the safe design and effective installation. Traffic Calming Measures represent self regulating alternatives to traditional speed limit reductions, stop sign installations and speed enforcement. Care, however, must be fully exercised to ensure that the majority of the affected community is in support of their installation. Concession Road 6 and Solina Road are very good candidates for the implementation of a longer-term traffic calming plan. This level of control, however, will be considered following the approval of the proposed Guide by Council and results of the trial speed cushion implementation later this Spring. 5. Concurrence Not Applicable. 6. Conclusion The heavy truck volumes and excessive rates of vehicle speed that h ave been recorded on Concession Road 6 represent a justifiable concern for the reside nts of the Hamlet of Solina. In response to these issues, it is respectfully recommended that Council provide staff with direction to continue developing the following solutions in full partnership with the DRPS and the local community: Page 96 Municipality of Clarington Page 8 Report PWD-008-22 1. That the NO HEAVY TRUCKS prohibition currently in effect along Concession Road 6 and Concession Road 7 be maintained until at least after the Spring seasonal weight restrictions have been lifted and the site development grading in Oshawa has been completed. Truck movements will be monitored by staff and consideration will be given towards making this regulation permanent. 2. That staff investigate a cost for the installation of the red flashing beacons on the all-way stop signs at Concession Road 6 and Solina Road. If deemed beneficial and supported by the Community these expenses will be included in the 2023 Public Works budget submission. 3. That staff consult with the community on the installation of a paved shoulder for walking purposes on the east side of Solina Road south of Concession Road 6. If supported by the residents the estimated cost will be included in the 2023 Public works budget submission. 4. That staff schedule the installation of the Municipality’s seasonal rubber speed cushions on Concession Road 6 later this Spring. In combination with the installation of the speed cushions that speed study data and community consultation be undertaken. 5. That following Council’s approval of a Traffic Calming Guide for the Municipality that staff be directed to form a working group with a representative number of interested residents from Solina. In consultation with Public Works staff, the committee will be tasked with developing a permanent traffic calming design for Concession Road and Solina Road. If supported by the majority of the community the associated costs will be included in the 2023 Public Works budget submission. Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 or spotrykus@clarington.net Attachments: Not Applicable Interested Parties: Rachel Taylor Lauren Baker Page 97 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: March 21, 2022 Report Number: PWD-009-22 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: CRC.BaselineRd.4.01 By-law Number: Report Subject: Region of Durham Contract D2021-43 – Courtice Trunk Sanitary Sewer & Baseline Road Reconstruction / Urbanization – Courtice Road to Trulls Road Recommendations: 1. That Report PWD-009-22 and any related communication items, be received; 2. That funding for the Municipality’s share of joint project costs for the reconstruction / urbanization of Baseline Road from Courtice Road to Trulls Road in the amount of $3,344,172.19 (which includes $540,977.22 for secondary costs such as contract administration, inspection, material testing, contingencies, net HST and $317,109.33 for design, utility relocations, and permits) be approved and be drawn from the following Public Works Department Capital Accounts: Baseline Road Reconstruction (Trulls Road to Courtice Road) Account Amount 110-32-330-84341-7401 $2,500,000.00 Additional Funding Required Account Amount Municipal Capital Works Program Reserve Fund $48,371.07 Roads and Related Development Charges Reserve Fund $795,801.12 Total Funding $3,344,172.19 3. That all interested parties listed in Report PWD-009-22 and any delegations be advised of Council’s decision. Page 98 Municipality of Clarington Page 2 Report PWD-009-22 Report Overview To request approval from Council for utilization of additional funding from the Municipal Capital Works Program Reserve Fund and the Roads and Related Development Charges Reserve Fund to fund the deficit of the Municipality’s apportioned cost share of the Courtice Trunk Sanitary Sewer & Baseline Road Reconstruction / Urbanization – Courtice Road to Trulls Road project being led by the Region of Durham. 1. Background 1.1 In 2019 the Public Works Department and Region of Durham initiated a joint project for the reconstruction / urbanization of Baseline Road from Courtice Road to Trulls Road as part of the Region of Durham’s extension of the Courtice Trunk Sanitary Sewer (CTSS) from Courtice Road to Bloor Street in Courtice. The CTSS would extensively impact Baseline Road that was slated for improvements and a collaboration on this project typically produces cost and implementation efficiencies. Collaboration on projects of this nature also aids in avoiding consecutive projects at the same location. The reconstruction / urbanization of Baseline Road includes road base reconstruction & widening, dedicated in-road bicycle lanes, storm sewer installation, asphalt replacement, curb and gutter installation, sidewalk, and driveway and landscape area restoration. The project limit area for the CTSS is outlined in Figure 1 below. Figure 1: Project limit for the Courtice Trunk Sanitary Sewer Page 99 Municipality of Clarington Page 3 Report PWD-009-22 1.2 The 2019 Municipal Capital Budget had approved $2,500,000 for the Municipality’s share of costs in the project. Of this amount $2,356,750 (94.27%) was to be funded through Development Charges – Roads & Related and $143,250 (5.73%) was to be funded through the Municipal Capital Works Program Reserve Fund. 1.3 Due to the expected cost magnitude of the Region of Durham’s share of the project (estimated at greater than 90% of total project costs at project initiation) it was agreed that the Region of Durham would be the project lead and manage project coordination, tendering, award, and execution of the contract. 1.4 Public Works and the Region of Durham determined a cost share allocation of each item of the contract prior to tender which was based on an equitable and representative distribution of project costs in relation to the impact of each party’s respective works. 2. Project Tendering 2.1 The Region of Durham published the ‘Courtice Trunk Sanitary Sewer and Watermain Installation (Phase 3) and Baseline Road Reconstruction in the Municipality of Clarington’ tender on the Region of Durham’s Bids & Tenders page on January 20, 2022. The tender closed on March 4, 2022 and seven (7) bids were received. The bid results can be accessed on their Bids & Tenders page. 2.2 The Region of Durham subsequently reviewed the received bids for compliance to their bid requirements and prepared a low-bid cost apportionment between the Municipality and Region of Durham based on the previously agreed upon cost share split prior to tender. 2.3 The lowest compliant bid was submitted by Pachino Construction Co. Ltd. in the amount of $36,234,305.40 and was utilized to conduct the low-bid cost apportionment to the Municipality. 3. Cost Share, Rationale, and Funding Review 3.1 The Region’s low-bid cost apportionment allocated a cost share of $2,486,085.65 to the Municipality. In addition to the cost share of construction works, secondary costs are attributable to the Municipality’s share of the project and include a 10% cost - $248,608.57 that was additionally applied t o both a contingency (typical in construction projects) and contract administration, inspection, & geotechnical works (standard agreed upon percentage between the Region and the Municipality). The standard 1.7602% rebatable HST rate - $43,760.08 was also applied. 3.2 The total secondary cost under the Region of Durham’s contract is $540,977.22. Page 100 Municipality of Clarington Page 4 Report PWD-009-22 3.3 The total cost share and Purchase Order that will be required to be issued to the Region of Durham is $3,027,062.86. 3.4 Public Works has engaged in previous pre-construction activities including design, utility relocations, and permits which has committed $317,109.33 of the original $2,500,000.00 budget. These costs were directly incurred by the Municipality and are outside of the cost apportionment with the Region of Durham detailed above as they are directly 100% Municipal costs. For example, the Region of Durham’s design was solely focused on the sewer and watermain design and did not account for future road urbanization design which is the responsibility of the Municipality. Additionally utility relocations that are required as a result of the road urbanization design are therefore a cost incurred by the Municipality. Permits from the Conservation Authority needed to be approved and secured before tendering to ensure that the design adhered to their requirements and could be confidently tendered without risk of a change of scope. 3.5 The remaining balance of uncommitted funding is $2,182,890.67 which leaves a funding shortfall of ($844,172.19). 3.6 As the project is being led by the Region of Durham whose work comprises 93.1% of the total value of the construction contract, the Municipality is unfortunately in the position to accept the lowest compliant bid that is favorable to the Region of Durham, regardless of the unit rates of the individualized items in the road construction component of the contract that are directly the cost responsibility of the Municipality. In this scenario it is unlikely that the Municipality would receive lowest pricing for the Municipality’s works given the nature and type of work in the Region of Durham’s contract. 3.7 Road reconstruction / urbanization projects can proceed independently to a Regional project in an attempt to receive more favorable pricing however there is an inherent risk and usually involves a large amount of throwaway cost in proceeding with each project independently. The cost share split between the Municipality and the Region of Durham was determined through establishing the limits of work that the Region of Durham would be required to do to restore Baseline Road to its existing condition as a rural road profile and applying that equivalency into the cost share allocation. Approximately $955 ,000 of road works costs (pre-HST) are cost share attributable to the Region of Durham under this contract. 3.8 Should Public Works have proceeded independently with its reconstruction and urbanization of Baseline Road, the road works would not have been able to be initiated until the conclusion of the Region of Durham works (2024 at earliest). The Municipality would have needed to discard of the recent reinstatement works the Region of Durham would have performed after the sewer was installed yielding a substantial throwaway cost for both parties. In addition to the direct cost of construction, Public Works would have had to undertake separate preparatory and investigative works prior to Page 101 Municipality of Clarington Page 5 Report PWD-009-22 construction such as topographic survey, soils investigations for management of excess soils, etc. that are presently shared under the joint project but are limited in validity by time expiry. 3.9 It is likely that the advancement of development that is forecasted for the neighbouring lands would place pressure on the Municipality to advance the reconstruction / urbanization works, particularly with the provision of the trunk sanitary sewer and any reinstatement works performed by the Region would therefore be short lived. 3.10 It should be noted that the project’s budget approval in 2019 was prior to the Covid-19 pandemic and the associated inflationary impacts that are presently being observed across the industry and province and may be contributing to the funding shortfall. Should the road reconstruction / urbanization project proceed independently there is a risk of further inflationary pressures impacting the project budget due to the delay in starting construction. 3.11 Public Works concluded that, on a project of this scale, the impacts to the overall project budget in not seeking synergies with the Region of Durham were outweighed by any unit rate cost reductions that may be observed in narrowing the focus to an independent road reconstruction / urbanization project. 3.12 It is recommended that the additional funds required for the completion of the projected be provided from the following accounts which follows the previously approved funding split. Municipal Capital Works Program Reserve Fund (5.73%): $48,371.07 Roads and Related Development Charges Reserve Fund (94.27%): $795,801.12 4. Timing 4.1 The Region of Durham will execute the CTSS and Baseline Road reconstruction contract as soon as budget approval is received, and works are expected to commence in April 2022 and conclude in 2023. 4.2 Timing is of the essence in this contract to ensure that the Baseline Road reconstruction component of the contract can be finished and re -opened to the public prior to the end of 2022 as the Ministry of Transportation will be conducting rehabilitation works on local Highway 401 structures in 2023 which will impact detour routes. 5. Concurrence This report has been reviewed by the Director of Financial Services /Treasurer who concurs with the recommendations. Page 102 Municipality of Clarington Page 6 Report PWD-009-22 6. Conclusion It is respectfully requested that Council approve the utilization of the Roads and Related Development Charges Reserve Fund ($795,801.12) and Municipal Capital Works Program Reserve Fund ($48,371.07) for additional funding in the total amount of $844,172.19 in addition to the previously approved $2,500,000 in the 2019 Capital Budget. Staff Contact: Robert Brezina, Capital Works Engineer, 905-623-3379 Ext. 2331 or rbrezina@clarington.net Attachments: Not Applicable Interested Parties: The following interested parties will be notified of Council's decision: Michael Harris, Works Department, Regional Municipality of Durham Page 103 MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Mayor and Members of Council From: Stephen Brake, Director of Public Works Date: March 21, 2022 Memo #: Memo-013-22 Re: Review of Traffic Control Signals at Liberty Street and Baseline Road At the General Government Committee meeting held on February 28, Councilor Hooper made the request that staff contact the Region of Durham to conduct a review of the traffic flow, queueing and level of signal operation at the intersection of Liberty Street and Baseline Road. The a.m. and p.m. peak time periods were highlighted as the most problematic. The following response was provided by Regional staff regarding the level of service during a.m. and p.m. peaks: Region of Durham staff made site observations on Thursday, March 3, 2022 and Friday, March 4, 2022 during the p.m. peak and did not notice any major delay or queuing for any movements. The eastbound left, eastbound through and westbound through movements were slightly delayed but most were able to clear during their first cycle. Given the short deadline, observations for the a.m. peak are still outstanding. However, based on our Synchro* model, we do not anticipate any major concerns during this time period. *Synchro software is used to model signal timing operations and performance of an intersection or series of intersections. Clarington staff also requested updates to the previously proposed modifications to the intersection turning phases. This was discussed in a Clarington staff report to Council in 2021. The following response was provided: A request for a new eastbound left turn phase was received in December 2021, and approved for installation. Given that civil work is required to install a setback loop, the expected turn on date won’t occur for another couple of months. However, as an interim measure, we plan on proceeding with the installation but use the existing stop bar loop for activation. This should be completed in the next couple of weeks. Please be aware that concerns from residents may arise when we do the changeover to the permanent solution (setback loop). Page 104 Page 2 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Regards, Stephen Brake Director Public Works /SP cc: B. Novak, Manager of Operations S. Potrykus, Traffic Engineering Supervisor Page 105 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: March 21, 2022 Report Number: CSD-006-22 Submitted By: George Acorn, Director of Community Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Clarington’s Inclusive Spaces Policy Recommendations: 1. That Report CSD-006-22 and any related communication items, be received; 2. That the Inclusive Spaces – Anti-Racism Policy Attachment 1 to Report CSD-006- 22, be approved; 3. That staff be directed to develop a Standard Operating Procedure to support this new Policy, to be approved by the CAO; 4. That the Municipality of Clarington requests to join the Coalition of Inclusive Municipalities and endorses the Coalition of Inclusive Municipalities’ 10 Common Commitments; 5. That the Mayor be authorized to sign the Declaration as Attachment 2 to Report CSD-006-22; 6. That staff be directed to take any additional measures necessary to join the Coalition of Inclusive Municipalities, including the development of a plan of action; and 7. That all interested parties listed in Report CSD-006-22 and any delegations be advised of Council’s decision. Page 106 Municipality of Clarington Page 2 Report CSD-006-22 Report Overview The Municipality of Clarington is committed to providing a safe and respectful environment that is welcoming and inclusive for all. Staff, in conjunction with the Diversity Advisory Committee (DAC) have been working over the past year to develop supports to achieve this ideal. One of these supports is an Inclusive Spaces Policy as presented through this report. Supports to achieve a welcoming and inclusive community extends to staff, people conducting business, spectators, those directly participating in programs, and those attending buildings for any other reason. The need for a policy, like the one introduced in this report, came out of Council resolution #GGC-334-21, that directed staff to work with the Diversity Advisory Committee (DAC) to develop an Anti-Racism Policy. Staff worked with DAC to develop this Inclusive Spaces Policy that accomplishes the goals set out in that resolution. The introduction of this Inclusive Spaces Policy will set out clear expectations for those using and visiting our buildings that racism and discrimination will not be tolerated. This supports the work that continues to be done positioning the Municipality of Clarington as an inclusive community that is welcoming of all residents. 1. Background 1.1 On May 31, 2021, Council approved Resolution #GG -334-21: “That the Diversity Advisory Committee, in partnership with staff, be directed to prepare an anti -racism policy that would apply to all staff, Members of Council, and all visitors to municipal - owned buildings and spaces. The Anti-Racism Policy would make clear the Municipality’s expectation of tolerance for those working at and using Municipal-owned buildings and spaces. This Policy can be displayed at all buildings so that members of the public are aware of the expectations under the Policy and the consequences for not adhering to it.” 1.2 The Diversity Staff and Inclusion Team consulted with Clarington’s Diversity Advisory Committee (DAC) to identify existing and related resources to support and inform the development of a policy. It was identified that Policy E5 – Harassment is the existing policy for staff and addresses harassment in a few forms. These include workplace, sexual, and discriminatory harassment. This policy is approved by the Chief Administrative Officer. It is currently being reviewed to include language around racism . Further, the Council Code of Conduct is currently in place to address any incidents of alleged racism or discrimination by a Member of Council. 1.3 Through this review of existing resources, staff identified that completing updates to existing staff policies would be sufficient to meet internal requirements for an anti-racism policy. While this is true for staff and Members of Council, staff and DAC did identify the Page 107 Municipality of Clarington Page 3 Report CSD-006-22 need for a public-facing policy to guide the behaviour of people accessing or conducting business with the Municipality. 2. Proposal Inclusive Spaces Policy 2.1 The recommendation is to for the Municipality to demonstrate zero tolerance for racism and discrimination within municipal buildings and spaces. To accomplish this, staff are recommending the Inclusive Spaces Policy (Attachment 1) be approved and adopted. This policy outlines expectations for members of the public, and outlines what actions should be taken should an incident of racism be witnessed or experienced. The policy prohibits any form of racism, discrimination, and/or harassment. Taking the zero- tolerance approach against any acts of racism and/or discrimination means any individual responsible for these acts will be asked to leave the building and/or property. 2.2 DAC reviewed and passed a motion at their January 27, 2022, meeting to endorse the Inclusive Spaces Policy. Supports and Strategies 2.3 Staff and DAC want to ensure a successful launch of the Inclusive Spaces Policy. To support implementation and to clarify the role staff should play in the execution of the policy, staff will develop a Standard Operating Procedure. This procedure will provide clear steps for staff to follow, up to including asking a member of the public to leave one of our buildings. Once developed, the plan will be forwarded to the CAO for approval. 2.4 A fulsome Anti-Racism Strategy is required to fully assist in enacting meaningful change in the community. The Inclusive Spaces Policy is one of the first, in several steps to develop such a strategy. Staff, along with DAC have identified several supports and objectives that will aid in the development of an Anti-Racism Strategy. One important objective is to increase public consultation and engagement. 2.5 The objectives to support an Anti-Racism Strategy include increased public consultation and engagement, further developing our communications and social media strategy, increasing relevant training to support staff and Council, and reviewing, and implementing equitable recruitment practices. 2.6 In partnership with relevant community agencies and in collaboration with DAC, staff will develop toolkits and promote resources in the community to support residents in learning about, and counteracting racism and discrimination. 2.7 The policy clearly outlines the public’s responsibilities in achieving inclusive spaces. If the policy is approved, staff will work to revise terms and conditions of permits, Page 108 Municipality of Clarington Page 4 Report CSD-006-22 programs, and memberships to highlight these responsibilities. Staff will highlight these expectations to customers during the permitting process to ensure there is a clear understanding of responsibility. Staff will work with major user groups to encourage them to incorporate similar strategies within their organizations to support the Inclusive Spaces Policy while using our buildings. 2.8 As staff work to implement these recommendations, DAC will continue to be consulted for their input and concurrence on various initiatives. This partnership continues to be important for staff as members of DAC bring a unique, and often lived experience which is invaluable to staff. Coalition of Inclusive Municipalities 2.9 The Coalition of Inclusive Municipalities, coordinated by the Canadian Commission for UNESCO, is a network of more than 80 municipalities across Canada. The intent is to improve their policies against racism, discrimination, exclusion, and intolerance. Through collaboration and sharing of experiences by the members, the coalition undertakes initiatives to eliminate all forms of discrimination to build more inclusive and welcoming communities. 2.10 In October 2021, Council passed Resolution #C-342-21 “that staff, in consultation with the Diversity Advisory Committee, investigate and report back on the costs and benefits of membership in the Coalition of Inclusive Municipalities.” 2.11 Following the resolution, staff made a presentation to DAC at the October 28, 2021, meeting. DAC supported that staff investigate the costs and commitments associated with becoming a member with the Coalition of Inclusive Municipalities. 2.12 To join the coalition, a municipality must make an application that is supported by a formal resolution of Council which endorses the Coalition’s 10 Common Commitments: 1. Increasing vigilance against systemic and individual discrimination. 2. Monitoring discrimination in the municipality and taking action to address it. 3. Supporting individuals who experience discrimination. 4. Providing police services that are exemplary institutions for fighting discrimination. 5. Providing equal opportunities as a municipal emplo yer, service provider, and contractor. 6. Supporting measures that promote equity in the labour market. Page 109 Municipality of Clarington Page 5 Report CSD-006-22 7. Challenging discrimination and promoting diversity and equal opportunities in housing. 8. Involving citizens by giving them a voice in anti-racism initiatives and decision making. 9. Challenging discrimination and promoting diversity and equal opportunities in education and other forms of learning. 10. Promoting the respect, knowledge, and appreciation of cultural diversity and the inclusion of Indigenous and racialized communities in the cultural fabric of the municipality. 2.13 There is no membership cost to join the Coalition and the benefits of increasing our access to networks, resources, and collaboration are significant. Joining the Coalition will support the formalization of a plan of action and will coordinate our existing work in the areas of racism and discrimination to support our vision, strategies, and policies through partnerships and collaboration. Any additional initiatives that require funding would come forward as part of the normal budgeting process. 2.14 To confirm our commitment, a signing will be arranged for the Mayor to request our membership through the Declaration to Join the Coalition of Inclusive Municipalities (Attachment 2). 3. Concurrence 3.1 Not Applicable. 4. Conclusion 4.1 Over the past year, staff have worked closely with DAC to develop a path forward and to position Clarington as a truly welcoming and inclusive Municipality. To provide a safe and respectful environment that is equitable and inclusive, free of racism, and discrimination, staff have developed the Inclusive Spaces Policy presented through this report. 4.2 By adopting this recommended policy, Council will lay the foundation for an Anti-Racism Strategy for the Municipality. If approved, staff will work on the implementation of this policy and on the next steps for an overall strategy. Part of these next steps, if approved, will be to endorse the ten Common Commitments of the Coalition for Inclusive Municipalities and become a member of that Coalition. By initiating that membership, staff will have access to a well-established network that will provide resources and a shared vision for establishing an inclusive community for all residents. Page 110 Municipality of Clarington Page 6 Report CSD-006-22 4.3 Staff look forward to continuing work on this important initiative, including continuing their work with DAC, the staff Diversity, and Inclusion Team, and on the Leading Equitable Accessible Delivery (LEAD) initiative. Staff Contact: Lee-Ann Reck, Manager, Client Services, 905-623-3379 ext. 2508 or lreck@clarington.net . Attachments: Attachment 1 – Inclusive Spaces – Anti-Racism Policy Attachment 2 – Declaration to Join the Coalition of Inclusive Municipalities Interested Parties: Clarington’s Diversity Advisory Committee Page 111 Council-Approved Policy Policy Title: Inclusive Spaces – Anti-Racism Policy Policy #: Report #: Resolution: Effective Date: Revised Date: (yearly review by Department Heads) Legislative History: Notes: If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 POLICY STATEMENT: The Municipality, alongside the Diversity Advisory Committee, issued a statement on June 9, 2020, speaking against racism and discrimination. In concert with existing policies on harassment and workplace violence that address specifically employer and staff interactions, an Inclusive Spaces Policy will strengthen the focus and message that racism, discrimination and/or harassment in any form will not be tolerated. The Municipality of Clarington is committed to providing a safe and respectful environment that facilitates interactions and experiences that are welcoming and inclusive for all of those involved. This includes individuals conducting business and/or directly participating in programs and activities, as well as those attending in any other capacity. This Inclusive Spaces Policy prohibits any forms of racism, discrimination, and/or harassment. There is to be zero tolerance for any acts of racism and/or discrimination; any individual(s) responsible for these acts will be asked to leave the building and/or property. It is the responsibility of everyone in our community, regardless of their capacity, to help stop racism and/or discrimination and to report any incidents to municipal staff, or those responsible for the services and/or organization. Those responsible for receiving a report of an incident are to act immediately, by following the standard operating procedure. Signage is to be posted informing individuals of this policy, and how to report an incident. 1. PURPOSE: This policy intends to facilitate a safe and inclusive environment for all those in attendance, free of any acts of racism and/or discrimination. To designate responsibility in putting a stop to racism and discrimination within municipal facilities and providing a procedure to address it properly. To support fair play and the right for individuals to participate in municipal business, programs, and services with equal opportunities. Attachment 1 to CSD-006-22 Page 112 Council-Approved Policy To convey the Municipality’s commitment to maintaining public spaces that are free of racism and discrimination. 2. APPLICABLE TO: In addition to all members of the public who visit our municipal buildings and enjoy the varied services we provide, this Policy also applies to all, Volunteers, members of Boards and Committees of Council. We also strongly encourage all community and sport organizations that use municipal buildings to show their support by endorsing our Policy with their members. 3. RIGHTS AND RESPONSIBILITIES: Rights All individuals have the right to treatment with respect, regardless of their role while present in a municipal building. Recognizing the equality of rights and privileges of residents from all its diverse communities. All individuals have the right to non-judgment, should they feel they have experienced racism and/or discrimination. Any person committing the act of racism and/or discrimination has the right to an explanation as to the issue within their actions. Responsibilities Should an incident of racism and/or discrimination be witnessed or reported, the facility staff, security and/or the facility renter will ensure that the standard operating procedure is put into effect immediately. All individuals that enter the facility property undertake the responsibility of reporting any incidents of racism and/or discrimination. 4. DEFINITIONS Discrimination: Treating someone unfairly by either imposing a burden on them, or denying them a privilege, benefit or opportunity enjoyed by others, because of their race, citizenship, family status, disability, sex, age, or other personal characteristics (note: this is not a legal definition) (as defined by Ontario Human Rights Commission (OHRC)). Diversity: The presence of a wide range of human qualities and attributes within a group. Recognizes that each person has unique characteristics. Harassment: Engaging in a course of vexatious comments including electronic means of communication or conduct by co-worker, employee, visitor, member of the public or another person towards any other employee or visitor which is Page 113 Council-Approved Policy intimidating, annoying or malicious and may relate to race, ancestry, place of origin, colour (also defined in Policy E5 – Harassment Policy). Inclusion: All individuals feel respected, accepted, and valued. Creating a culture that strives for equity and embraces, respects, accepts, and values differences. Perceived incident: How an individual experiences an incident, regardless of the respondents’ intent. Racism: A belief that one group is superior or inferior to others. Racism can be openly displayed in racial jokes, slurs or hate crimes. It can also be more deeply rooted in attitudes, values, and stereotypical beliefs. In some cases, people don’t even realize they have these beliefs. Instead, they are assumptions that have evolved over time and have become part of systems and institutions (as defined by Ontario Human Rights Commission (OHRC)). Zero tolerance: The practice of establishing a specific consequence or range of consequences for a specific infraction (in the case of this policy – racism and/or discrimination), and the consistent application of that consequence. Examples of Racism and Discrimination: •Unwelcome remarks, jokes, or insults about a person’s racial background, colour, place of birth, ancestry, citizenship, gender identity, gender expression, or ability by co-workers or customers •Display of racist, derogatory, or otherwise offensive material •Insulting gestures or practical jokes based on racial or ethnic grounds or based on one's gender identity, gender expression, or ability •A refusal to converse or work with an individual because of their racial or ethnic background, gender identity or expression or their ability •Stereotyping of individuals because they belong to a certain race or their gender identity / expression or their ability •Policies or practices that may seem or are intended to be neutral result in disadvantages for people of a certain gender, ability, race, ethnic, national, or religious group REPORTING AND RECORD KEEPING Reporting Incidents should be reported to a municipal or facility staff person present, building operator, security, or organization representative, depending on the origin of the concern. Incidents can be reported by any individual witness to the incident, or on behalf of the person experiencing the racist and/or discriminatory act. Follow-up action and reporting is done in consultation with and at the discretion of the Page 114 Council-Approved Policy individual who was the subject of the racism or discrimination (if applicable to a specific individual). Record Keeping A written report of the incident including names of those involved, a summary of the incident, including the action taken, is to be completed by the staff person dealing with the incident. A record of reports should be kept by the facility supervisor/manager. DISCIPLINE Racism and discrimination against any member of our staff, Council, resident or visitor to our facilities and spaces will not be tolerated. The Municipality of Clarington has a zero- tolerance policy. The Municipality will: •Not tolerate racism •Prohibit the use of all municipal facilities from individuals and groups that may violate or promote the violations of the rights that are guaranteed to other individuals and groups under the Ontario Human Rights Code and the Canadian Charter of Rights and Freedom. There is zero tolerance for acts of racism and/or discrimination. Any individual(s) responsible for acts of racism and/or discrimination are required to cooperate with the decided discipline, which may include vacating the facility property. Note: Any incidents of alleged racism or discrimination by a member of staff towards another individual will be addressed under policy E5 – Harassment Policy. Any incidents of alleged racism or discrimination by a Member of Council will be addressed through the Council Code of Conduct. Page 115 The Coalition of Inclusive Municipalities is endorsed by Declaration to Join the Coalition of Inclusive Municipalities Given that: 1 The Canadian Commission for UNESCO (United Nations Educational, Scientific and Cultural Organization) is calling on municipalities to join a Coalition of Inclusive Municipalities and to be part of UNESCO’s international Coalition launched in 2004; and 2. The Federation of Canadian Municipalities (FCM) endorses the Call for a Coalition of Inclusive Municipalities and encourages its members to join; and Whereas: 3. Municipal governments in Canada, along with other levels of government, have responsibilities under Canada’s Charter of Rights and Freedoms as well as federal, provincial and territorial human rights codes, and therefore have an important role to play in combating racism and discrimination and fostering equality and respect for all citizens; Be it resolved that: 4. The insert the name of the municipality agrees to join the Coalition of Inclusive Municipalities and, in joining the Coalition, endorses the Common Commitments and agrees to develop or adapt its own unique Plan of Action accordingly. 5. These Common Commitments and the Municipality’s unique Plan of Action will be an integral part of the Municipality’s vision, strategies and policies. 6. In developing or adapting and implementing its own unique Plan of Action toward progressive realization of the Common Commitments, the Municipality will cooperate with other organizations and jurisdictions, including other levels of government, Indigenous peoples, public and private sector institutions, and civil society organizations, all of whom have responsibilities in the area of human rights. 7. The Municipality will set its priorities, actions and timelines and allocate resources according to its unique circumstances, and within its means and jurisdiction. The Municipality will exchange its expertise and share best practices with other municipalities involved in the Coalition and will report publicly on an annual basis on actions undertaken toward the realization of these Common Commitments. Insert name of the Municipality, insert date (month day, year) His/Her Worship insert name of the mayor SIGNATURE OF THE MAYOR Attachment 2 to CSD-006-22 Page 116 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: March 21, 2022 Report Number: LGS-004-22 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: 2023-2026 Committee and Council Meeting Schedule Recommendations: 1. That Report LGS-004-22, and any related communication items, be received; and 2. That the Meeting Schedule for 2023-2026, Attachment 1 to Report LGS-004-22, be approved. Page 117 Municipality of Clarington Page 2 Report LGS-004-22 Report Overview This Report presents, for Council approval, the meeting schedule for 2022-2026 (detailed in Attachment 1). 1. Background Three-Week Cycle 1.1 Since 2015, Clarington has operated with two standing Committees that meet on a three-week cycle: General Government Committee (GGC) Planning and Development Committee (PDC) Council Previous Four-Year Schedule 1.2 Clarington’s schedule of meetings are set for each new term of Council and only changes if special meetings are called, or Council changes it by resolution (as per subsection 4.1.1 of the Procedural By-law). The previous four-year schedule was approved, for the term 2018-2022, arising out of Report CLD-018-18. Gap Week 1.3 Between 2015 and 2021, the meetings were scheduled on a Tuesday if Monday was a holiday. 1.4 On June 14, 2021, Council approved the recommendations, arising out of Report LGS- 017-21, which changed the Procedural By-law, effective September, 2021. Part of the changes include changing the meeting schedule to a “gap week” approach which, in general, means that if there is a statutory holiday on the Monday, the meeting would take place the following week (rather than the current practice of scheduling it for the following day). This avoids problems with the Region’s meetings on Tuesdays and avoids a time crunch for reporting and agenda deadlines for short weeks . 1.5 As a result of the above decision, Council approved the current meeting schedule attached to Report LGS-022-21 for the remainder of 2021 and for 2022. Page 118 Municipality of Clarington Page 3 Report LGS-004-22 2. Budget Meetings 2.1 The 2022 budget meetings were as follows, over the three-week budget period: Friday, Special GGC at 9:30 am= Treasurer presentation and Agency presentation. Monday, Special GGC at 9:30 am = Deliberation of the budget. Friday, Special GGC at 9:30 am = Tentative – only if needed to complete budget deliberations at the Committee level. Monday, Joint Committee meeting at 9:30 am = for items unrelated to the budget. Monday, Regular Council meeting at 9:30 am = ratification of Joint Committee meeting and Special GGC budget meetings = Budget ratification . Friday, Special Council meeting at 9:30 am = Tentative – only if needed to complete the Council meeting 2.2 The above 2022 approach was based on the time required for the 2021 budget process. Ultimately, in 2022, the “spillover” meeting for the Council ratification was not required but Staff are recommending that it be kept in the schedule and can be cancelled if not required. 2.3 In 2022, the Joint Committee meeting included a Planning Public Meeting which was ultimately referred to a future Planning and Development Committee meeting for completion. To avoid this in the future, and to provide for a “night meeting opportunity” for public meetings, Planning and Development Services has committed to not bringing a Public Meeting to this Joint Committee meeting in future years. Given this slight change, Staff believe that the above approach is appropriate for future budget meetings and have scheduled them on the above basis as detailed in Attachment 1. 3. Timing 3.1 The Procedural By-law sets out the notice provisions regarding the regular meeting schedule for General Government Committee, Planning and Development Committee, and Council meetings and notes that the schedule for the following year must be advertised in the preceding December. Given the limited meetings in an election year, Staff are bringing the meeting schedule at this time. Page 119 Municipality of Clarington Page 4 Report LGS-004-22 4. Concurrence This report has been reviewed by the CAO, and Department Heads, who concur with the recommendations. 5. Conclusion It is respectfully recommended that the proposed Committee/Council meeting schedule be adopted for the 2023-2026. Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or jgallagher@clarington.net. Attachments: Attachment 1 – Meeting Schedule for 2023-2026 Interested Parties: There are no interested parties to be notified of Council's decision. Page 120 Clarington's Meeting Schedule Attachment 1 The following calendars are colour coded as follows: Blue = General Government Committee Note: Green = Planning & Dev. Committee General Government Committee - 9:30 AM start Yellow = Council Planning & Development Committee - 6:30 PM start Red = Holidays Council - 6:30 PM start Brown = Joint Committee Meeting Joint Committee Meeting - 9:30 AM start Orange = Special Budget Meeting Special Meeting Start Times: Purple = Special Meeting 9:30 AM If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 *13*14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 2023 January February March October November December April May June July August September Page 121 Clarington's Meeting Schedule Attachment 1 The following calendars are colour coded as follows: Blue = General Government Committee Note: Green = Planning & Dev. Committee General Government Committee - 9:30 AM start Yellow = Council Planning & Development Committee - 6:30 PM start Red = Holidays Council - 6:30 PM start Brown = Joint Committee Meeting Joint Committee Meeting - 9:30 AM start Orange = Special Budget Meeting Special Meeting Start Times: Purple = Special Meeting 9:30 AM If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 1 2 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 15 16 17 18 19 20 11 *12*13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 2024 January October November December April May June July August September February March Page 122 Clarington's Meeting Schedule Attachment 1 The following calendars are colour coded as follows: Blue = General Government Committee Note: Green = Planning & Dev. Committee General Government Committee - 9:30 AM start Yellow = Council Planning & Development Committee - 6:30 PM start Red = Holidays Council - 6:30 PM start Brown = Joint Committee Meeting Joint Committee Meeting - 9:30 AM start Orange = Special Budget Meeting Special Meeting Start Times: Purple = Special Meeting 9:30 AM If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 *10*11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 1 2 3 4 5 6 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 October November December April May June July August September 2025 January February March Page 123 Clarington's Meeting Schedule Attachment 1 The following calendars are colour coded as follows: Blue = General Government Committee Note: Green = Planning & Dev. Committee General Government Committee - 9:30 AM start Yellow = Council Planning & Development Committee - 6:30 PM start Red = Holidays Council - 6:30 PM start Brown = Joint Committee Meeting Joint Committee Meeting - 9:30 AM start Orange = Special Budget Meeting Special Meeting Start Times: Purple = Special Meeting 9:30 AM If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 *9*10 11 12 13 14 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 July August September October November December January February March April May June 2026 Page 124 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: March 21, 2022 Report Number: LGS-005-22 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Number: Resolution#: Report Subject: 2022 Municipal Election – Procedures and Legislative Update Recommendation: 1. That Report LGS-005-22, and any related communication items, be received for information. Page 125 Municipality of Clarington Page 2 Report LGS-005-22 Report Overview This report is intended to provide Council, and the public, with a broad overview of how different aspects of Clarington’s 2022 Municipal Elections will be conducted. 1. Background 1.1 Members of Council had requested information about how the Clarington 2022 Municipal Elections will be conducted. The Municipal Elections Act (MEA) provides that the Municipal Clerk shall make all decisions, except for specific items (such as the method of election) and details are in the process of finalization. However, this report provides some of the known details and changes for the 2022 Clarington Municipal Elections. 1.2 In January 2019, arising out of Report CLD-020-18 on the accessibility of the 2018 elections, Committee referred a motion to set the method of election as internet and telephone voting to the January 14, 2019, Council meeting and asked Staff for more information. Arising out of consideration of Report CLD-005-19, Council passed the following Resolution #C-020-19 and subsequently passed By-law 2019-003 to establish internet and telephone voting for Clarington municipal elections: That Report CLD-005-19 be received; That the Council of the Municipality of Clarington endorse Internet and Telephone Voting for Advance Polls and Voting Day as the preferred m ethod of voting for the Municipality of Clarington, beginning with the 2022 Municipal Elections; and That Attachment 1 to Report CLD-005-19, the draft by-law to authorize the use of internet and telephone voting, and to repeal By-law 2013-038 (which authorizes the use of vote tabulators, special ballots, and accessible equipment for Municipal Elections), be approved. 1.3 Voting Day is Monday, October 24, 2022, however, the voting period begins at 10:00 am on Tuesday, October 18, 2022. Page 126 Municipality of Clarington Page 3 Report LGS-005-22 2. Recent Changes to the Municipal Elections Act (MEA) 2.1 The following legislation made changes to the MEA affecting the 2022 municipal elections: Bill 68, Modernizing Ontario’s Municipal Legislation Act, 2017; Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 ; and Bill 254, Protecting Ontario Elections Act, 2021. The following summarizes the changes that apply to Clarington. Term of Council 2.2 The current term of Council began on December 1, 2018, and will end on November 14, 2022. With the following term of Council beginning on November 15, 2022 , instead of December 1, 2022. Nomination Day 2.3 Changes were made to move Nomination Day in a regular election from the fourth Friday in July to the third Friday in August (August 19, 2022). Clerk’s Procedures Deadline 2.4 Previously, the Clerk’s Procedures (i.e., how the election will be run) needed to be completed prior to December 31st in the year prior to a regular election. With the recent change, the deadline is June 1st of the election year. However, Staff plan to have this completed prior to May 1st, which is the first day for nominations. Electronic Filing 2.5 Clerks may put conditions in place that would allow candidates and third party advertisers to submit their nomination and registration forms electronically. Endorsements of a nomination that are filed electronically must still be collected as original signatures. Page 127 Municipality of Clarington Page 4 Report LGS-005-22 2.6 In Clarington, electronic filing1 (e-filing) will only be permitted if all the following conditions have been met: 1. A state of emergency has been declared by the federal or provincial government or the Municipality of Clarington; and 2. The Clerk’s Office is closed due to the emergency, and in -person attendance is not permitted for three contiguous business days, which will include Nomination Day. If the conditions above have been met, e-filing is permitted, and the details are outlined in the Candidates’ Manual and the Clerk’s Procedures. Ranked Ballots 2.7 The Province made changes to remove the option to hold ranked ballot elections in Ontario municipalities by revoking Ontario Regulation 310/16 (Ranked Ballot Elections) in its entirety, and by repealing Subsections 41.1 and 41.2 of the MEA. Third Party Advertiser’s Withdrawal of Registration 2.8 A registered third party advertiser may withdraw their registration by filing a written withdrawal with the Clerk during the time for filing a notice of registration (no later than the Friday before Voting day, at a time when the Clerk’s office is open). 2.9 If a registered third party advertiser files a nomination to run for office, their third party advertiser registration is deemed to be withdrawn and their advertising campaign automatically closes. 1 NOTE: A candidate may also submit their nomination papers, including fee, and copies of identification, using the drop-box at the main door of the Municipal Administrative Centre (MAC) only when all the conditions for e-filing have been met. Page 128 Municipality of Clarington Page 5 Report LGS-005-22 3. Election Assistance Centres (EACs) 3.1 Voters do not need to attend a voting location. However, if they need assistance, Election Assistance Centres (EACs) will be available. Based on the experience of other municipalities, Clarington is planning that between 15% and 30% of eligible Voters may need assistance. 3.2 Wherever possible, only municipally-owned facilities will be used for EAC locations during a municipal election and no schools are being used. This provides greater control and less risk. We have established 10 EACs for Voting Day, across the four wards in addition to the Clarington Libraries (a new addition in 2022) and the Special Voting Locations (i.e., long-term care facilities, hospital, etc.). All EAC locations have been inspected and staffing decisions were made with the assumption that social distancing requirements will be necessary. 4. COVID-19 Planning 4.1 Although decisions and planning are still underway, Staff are planning for the election as if we are under a certain amount of public health restrictions (i.e. cleaning protocol, masks, and social distancing). These plans may be modified as we get closer to the Voting Period. 5. Advance Voting Period 5.1 The Voting Period will begin at 10:00 am on Tuesday, October 18, 2022, and end at 8:00 pm on October 24th. The length of the Advanced Voting Period is consistent with previous Clarington elections. Advanced EACs will be operating on various days, in various locations throughout the Advanced Voting Period, except Sunday (which will have the election support hotline available). Residents will also be able to vote at Clarington libraries during regular library hours, during the Advanced Voting Period. 6. Special Voting Locations 6.1 Section 45(7) of the MEA requires that voting must be provided on the premises for institutions with 20 or more beds occupied by persons who are disabled, chronically ill, or infirm and for retirement homes in which 50 or more beds are occupied. These locations are commonly referred to as “special voting locations”. Page 129 Municipality of Clarington Page 6 Report LGS-005-22 6.2 The Act dictates that voting places be open for voters between the hours of 10:00 AM and 8:00 PM but also provides that the Clerk may establish that specified voting places shall be open on voting day at a specified time before 10:00 AM on Voting Day and provides that the Clerk may establish reduced voting hours of special voting locations, provided that the location is only for the use of the respective residents. Prior to the changes to the Act, these would have been established by by-law, but now it is established by the Clerk. 6.3 Election Officials assigned to these special voting locations will conduct the vote during the specified hours. 6.4 The following are Clarington’s special voting locations, which will have reduced hours on Voting Day: Ward Location Address Community 01 White Cliffe Terrace Retirement Residence 1460 Highway 2 Courtice 02 Seasons Clarington Retirement Community 65 Clarington Blvd Bowmanville 02 Bowmanville Creek Retirement Community 105 Queen Street Bowmanville 03 Lakeridge Health Bowmanville 47 Liberty Street S. Bowmanville 03 Glen Hill Strathaven - Long Term Care 264 King Street East Bowmanville 04 Fosterbrooke Long Term Care 330 King Avenue West Newcastle 6.5 Each of these voting locations will mainly be for the respective resident voters – but since they are EACs by the nature of internet/telephone voting, non-residents can be assisted and can vote using the technology provide d, depending on the restrictions of the specific facility. Voting hours per location are based on the analysis of the time required to process voters at each location and have been established in co-operation with the administration staff of each facility. Page 130 Municipality of Clarington Page 7 Report LGS-005-22 7. Internet and Telephone Voting Commitment to Principles 7.1 The Clerk’s Division is working to establish policies, procedures, and training that reflect industry best practices. The guiding principles for these policies, procedures, and training are as follows2: 1. Secrecy - The association between a voter’s identity and vote is secret; 2. Equality - A voter shall not be able to cast more votes than another, nor be prevented from casting a ballot; 3. Accessibility - The election shall be accessible to voters. Each voter must have the means and opportunity to participate; 4. Fairness - Voters and candidates shall be treated fairly and consistently; 5. Dependability - The election shall deliver an outcome in a reliable and timely manner; 6. Accuracy - A cast vote must accurately reflect the voter’s intended preference; 7. Correctness - The election outcome must reflect the correct combination of valid cast votes; 8. Confidence - Voters and candidates must be confident in the correctness of the election outcome; and, 9. Transparency - The election is to be conducted in a manner that is transparent and accountable to voters and candidates. 2 “Protecting Electoral Integrity in the Digital Age: Developing E -Voting Regulations in Canada”, Alexander Essex and Nicole Goodman. Election Law Journal, Volume 19, November 2, 2020, Page 173. Accessed from: https://www.liebertpub.com/doi/10.1089/elj.2019.0568 Page 131 Municipality of Clarington Page 8 Report LGS-005-22 Software Vendor 7.2 As noted in Report CLD-005-19, Staff conducted a competitive procurement to obtain an internet/telephone voting vendor. The RFP submissions were reviewed by seven members of Staff including IT, Finance, Clerk’s, and the Director of Legislative Services/Municipal Solicitor. The vendor selected was Simply Voting, and staff have begun to implement the project with the vendor. In the 2018 Ontario Municipal Elections, Simply Voting had 28 Ontario municipalities as customers. In 2022, they will have 50 Ontario municipalities as customers. Voting Information Letter (VIL) 7.3 The VIL to be mailed to each voter will contain the telephone number for telephone voting; the website for internet voting; instructions for both types of voting; the unique voter Personal Identification Number (PIN); and contact information to seek help. It is anticipated that the VILs will be mailed out in late September, and should arrive in early October, to every voter on the Voters’ List. Pop-Ups on Computers 7.4 Some Members of Council expressed concern about ensuring that there were no “pop - ups” on the voting screens that would be marketing or influencing the vote. This was a requirement that was built into the Request for Proposal document for the software vendor and Staff have confirmed that Simply Voting does not allow pop -ups. Online Voting & Devices 7.5 Voters will be able to vote online from any internet -enabled device or desktop computer. 7.6 Devices at the EACs will be set up for use by voters who do not have access to the internet or require assistance. They will log out each voter automatically after they vote, for quick and efficient turnover. 7.7 The voter will enter the website name into any browser, enter their PIN number and personal credentials. The user will enter their selection for each race, the system will confirm their selection, record the votes, and provide a receipt code. Telephone Voting 7.8 When the voter dials the telephone number, the system will prompt voters for their credentials, read out the candidate names, record the votes, and provide a receipt code. Voting instructions and the wording of the ballot will be professionally recorded in a human voice. The voting system ensures that no one can vote twice. Page 132 Municipality of Clarington Page 9 Report LGS-005-22 Senior’s and Internet Use 7.9 Members of Council had expressed concern about internet/telephone voting and the senior population. It should be noted that anyone without internet can vote by telephone or at an Election Assistance Centre (EAC) during the Voting Period. However, it is interesting to note that Statistics Canada, on their most recent (2018) Canadian Internet Use Survey, reports that 71 % of seniors are frequent Internet users (Statistics Canada, 2019). This is significant increase from the previous survey (2012) where only 48% of seniors used the Internet. Although it is frequently assumed that seniors are not technology savvy, there is no data to support this claim. In fact, the major Ontario internet voting municipalities (Markham, Newmarket, and Aurora) stated in an interview that they had not reported complaints or criticism from senior voters claiming to be disenfranchised by online voting. Security 7.10 Members of Council have asked about the security of internet/telephone voting. Staff were very clear in the RFP that the software had to meet a high level of specific security measures. The Simply Voting software uses a variety of security features, certifications, testing, and encryption techniques and Staff have a high degree of confidence in the integrity of the system. 7.11 These security features include: Secret Ballot - Whether you use the internet or telephone to vote, your vote is instantly encrypted and stored with no possibility of your vote being traced back to your identity, just like a traditional paper ballot. It is impossible for municipal staff, Simply Voting employees, or any other person, to see how you have voted. Election Officials will only be able to see that you cast your vote, the time you voted, and the IP address or telephone number you voted from. One Person, One Vote - Only registered voters on the municipal list of voters will be authorized to access a ballot. Once you vote, using either internet or telephone, you are “crossed off” the list and cannot vote again. Even if you switch between the internet and telephone, even if you try to vote using several devices at the same time, the system will only accept one single ballot from each voter. Protection Against Computer Hackers - Simply Voting is an expert in internet security and goes to great lengths to protect the voting system. All communications between the voters’ computer and the voting website are encrypted to ensure confidentiality. The internet ballot is tamperproof and there are multiple layers of security to protect the servers against attacks. Simply Voting software has been independently certified with several common security certifications. Page 133 Municipality of Clarington Page 10 Report LGS-005-22 Protection Against Imposters - To vote, you will need to enter a PIN that will be mailed to each voter in a Voter Information Letter prior to the "Voting Period". These PINs are randomly generated by Simply Voting and are printed, machine folded in security-tinted envelopes, and mailed directly to voters. As an added security measure, voters will also be required to enter personal information to complete the voting procedure. Therefore, if a Voter Information Letter ends up in the wrong hands, another person will not be able to cast the vote without your PIN and the personal information. 8. Voters’ List 8.1 Staff noted, and share, Council’s concerns about the accuracy of the voters’ list, including concerns about transient populations. As a result, Staff have contacted MPAC to inquire how they plan to address the problem of expired tenancies and absent post- secondary students remaining on the list, and they responded by stating “our planned Municipal Toolkits will include targeted messaging for post-secondary students that municipalities can leverage locally as needed. In addition, we will be engaging post- secondary student groups as contacts to share MPAC materials. We acknowledge that this elector group poses challenges in respect to enumeration.” 8.2 The “Municipal Toolkit” is a set of communications tools that MPAC shares with municipalities to have a common approach/branding to the message about updating the list. It is meant to drive all voters to MPAC’s www.voterlookup.ca to check that they are on the Voters’ List and that their information is correct. 8.3 Unfortunately, the problems associated with outdated tenancies may not have a great improvement until Elections Ontario takes over the voters’ list on January 1, 2024, when we expect there will be a greater focus on accuracy as it is more of their core job. To that end, Staff have reached out to Elections Ontario as they prepare to take over the voters’ list, and Gene Genin, from the Provincial Election Register has responded by stating that “Elections Ontario currently has a comprehensive outreach program for provincial elections. An objective of the transition program is to make sure that EO’s outreach activities and other elector communications are enhanced and synched with municipal messaging.” 8.4 For Clarington’s part, we will be starting earlier to get the word out that everyone should check the voters’ list and make sure their information is accurately recorded. For instance, anyone can check MPAC’s www.voterlookup.ca from now until the summer when it will switch over to Clarington’s voter lookup tool. This has been linked with a button from our election website, www.clarington.net/votes. However, to avoid confusion with the June 2, 2022, Provincial election, the majority of the Clarington advertising campaign will not start until after June 2nd. Page 134 Municipality of Clarington Page 11 Report LGS-005-22 8.5 Additionally, Clarington will undertake a review of the voters’ list from MPAC at an earlier date than previous elections, to provide more time for the many hours of data cleansing required to make the list as accurate as possible. 9. Family Voting 9.1 Members of Council asked about possible voting coercion with internet/telephone elections. The phrase “family voting” is commonly cited as a concern with remote voting. This refers to a situation where some families “vote collect ively in ways that uphold the clan-style biraderi (‘brotherhood’) relationships that govern a range of their social relationships, including marriages” (Smith, 2013). Additionally, pressure from a head of household can occur in situations where a dominant family member wishes to influence and control the vote. Also, concerns about campaign workers going door-to- door with iPads and possibilities for undue influence, notably for groups that may be more susceptible (e.g., residents of old age homes), has been raised at the municipal level in Canada (e.g., City of Toronto online voting debate).”3 9.2 No voting approach can guarantee prevention against coercion in unsupervised voting, including vote-by-mail. One approach would be to have a system that encourages voters to vote as many times as they like until voting day – but only the last one counts. Staff have considered this approached but have determined it is not advisable, especially in the face of the new voting method. Another approach is that the voter can choose not to vote at home and rather vote at an EAC. 9.3 Regarding campaign workers, the Candidates’ Manual, and the Clerk’s Procedures (which the candidates receive) will contain wording that makes it clear that “door -to- door with iPads” is not allowed. 9.4 Education of voters regarding the penalties is the other recommended approach, which is the approach that Clarington will be taking. 3 “Online Voting: A Path Forward for Federal Elections”, Nicole Goodman, Director of the Centre for e-Democracy, for the Privy Council Office, January 2017. Page 28. Accessed from: https://www.canada.ca/en/democratic-institutions/services/reports/online-voting-path-forward- federal-elections.html#toc14 Page 135 Municipality of Clarington Page 12 Report LGS-005-22 10. Role of Scrutineers 10.1 Prior to the Voting Period, the following are the election activities that a scrutineer may observe: Election assistance provided by Election Officials Transportation of Equipment; Demonstration of technology; and Mock Election(s). 10.2 In addition to the activities identified above, during the Voting Period candidates/scrutineers may observe activities in the following election areas: Opening of Voting – Candidates and scrutineers will be invited to attend the “Opening of the Vote” at the Municipal Administrative Centre (MAC) (located at 40 Temperance Street, Bowmanville) on the morning that the Voting Period commences. Opening of the vote procedures will demonstrate, among other things, that the vote tally is at zero prior to the opening of the vote, that the Voting System is inaccessible prior to the official start time, and the voting system is accessible after the official start time. EACs - Candidates and Scrutineers may attend any EAC offered throughout the Voting Period, during hours of operation, to observe the process. In addition, Scrutineers may enter the EAC 15 minutes before it opens to inspect election equipment, forms, and documents relating to the vote (but not to delay the timely opening of the EAC). They may use the chairs assigned to candidates/scrutineers for observing. Upon leaving, the appropriate sanitation protocol shall be followed (which may include sanitizing the chairs). Voters’ List - Candidates and Scrutineers may object to a person being added to the Voters’ List (Note: A record will be made of all objections, however, the final decision on whether to add a voter to the Voters’ List, make a revision, or issue a voting PIN will be made by an Election Official). Page 136 Municipality of Clarington Page 13 Report LGS-005-22 Auditing Process – Candidates and Scrutineers may request to receive, and review, documentation associated with the Municipality’s Voting System auditing program and activities. The Municipality will make the records available as promptly as possible when requested. However, Candidates and Scrutineers should be aware that such documentation may not be available on an immediate basis, during the Voting Period, due to ongoing auditing activities. Activities in the public areas of the Election Return Headquarters – including close of voting. Candidates and Scrutineers may observe the close of voting procedures which will demonstrate, among other things, that the voting system is inaccessible after the official voting period end time. Results Release – Candidates and Scrutineers are entitled to be present at the time and place where results are announced. Recount Event (where applicable, following Voting Day). 10.3 Details about the role of scrutineers will be contained in the Candidates’ Manual. 11. Report of Voters Who Have Voted at Advanced Voting 11.1 Members of Council had asked about candidates obtaining a list of voters who have voted. Subsection 43(6) of the MEA states that the Clerk shall, on the request of a scrutineer or certified candidate, give them a copy of the list showing the name of each person who has voted on that Advanced Voting Day and identifying their voting place. This will be done through an online Candidate Portal. 11.2 The online Candidate Portal will be used to communicate information and voters’ lists to all registered candidates who request a copy of the voters’ list. The Portal will allow candidates access to the portions of the voters’ list that they are entitled to, through a self-serve mechanism (replacing the manual export, formatting, verification, and distribution of an Excel document). Candidates will be able to filter the results, download an Excel document, format, and print as they choose. Page 137 Municipality of Clarington Page 14 Report LGS-005-22 12. Results Reporting 12.1 Members of Council had asked about the results report. One of the advantages of internet/telephone voting is the expectation that the results will be ready earlier than through tabulators or manual counting. Although the perception is that the results will be available at 8:01 pm, it is important to set appropriate expectations. To comply with subsection 46(3) of the MEA, where it states that “an elector who is in a voting place at the time for closing under subsection (1) or (3) and has not yet voted is still entitled to vote” – there will be a five minute “grace period” for voters who entered the voting process prior to the close of voting to finish voting and voting devices at EACs will not be closed until we receive confirmation that all voters have left the location. Therefore, an exact time cannot be determined as it will largely depend on voters in these locations, and the time it takes to communicate the closure of each EAC back to headquarters. 13. Recount Policy 13.1 The Act provides that a municipality may adopt a policy, by May 1st, with respect to the circumstances in which the municipality requires the Clerk to hold a recount of the votes cast in an election. The MEA requires a recount if the votes for two, or more, candidates receive the same number of votes and cannot both or all be declared elected. 13.2 It should be noted that, in accordance with Section 60 of the MEA, the recount shall be conducted in the same manner in which the votes were originally counted. Only a judge, who orders a recount under Section 58 of the MEA, may order that the recount be held in a different manner. 13.3 Regardless of any recount policy, Council may also require a recount by passing a resolution under Section 57 of the MEA within 30 days after the declaration of the results. 13.4 A recount policy could conceivably authorize a recount in the event the totals for two candidates were separated by a defined value (i.e., “separated by 5 votes” or “separated by less or 1% of the total number of votes cast for the office”). 13.5 However, because it’s impossible to determine what the correct number should be, because everyone will have a different opinion, and because the recount will be conducted by producing the same electronic report of the votes cast, Staff do not recommend establishing a recount policy. As stated above, this does not take away Council’s ability to order a recount, should they see fit. If Council would like to proceed with implementing a recount policy, the direction would need to be given to staff well before May 1, 2022. Page 138 Municipality of Clarington Page 15 Report LGS-005-22 14. Restricted Acts after Nomination Day (aka “Lame Duck Period”) 14.1 The question of whether a Council is in a “lame duck” period often arises as we approach a municipal election. “Lame Duck” refers to time period when municipal councils are restricted from doing certain acts, as outlined in Section 275 of the Municipal Act: the appointment or removal from office of any officer of the municipality; the hiring or dismissal of any employee of the municipality; the disposition of any real or personal property of the municipality that has a value exceeding $50,000 at the time of disposal; and making any expenditures or incurring any other liability that exceeds $50,000. 14.2 Subsection 275(3) states that the third and fourth bullets do not apply “if the disposition or liability was included in the most recent budget adopted by the council before nomination day in the election.” 14.3 Similarly, Subsection 275(4.1) states that “nothing in this section prevents a municipality taking any action in the event of an emergency.” Determining whether the Restricted Acts apply to Clarington 14.4 There is no guarantee that there will be a lame duck situation. The Clerk must perform an analysis after the beginning of each of the following periods. A Council can become lame duck in one, or both, of two separate time periods. First, the period from Nomination Day (August 19, 2022, at 2:00 PM) to Voting Day (October 24, 2022) when official results are known. The second period runs from Voting Day (October 24, 2022) to the end of the term of the outgoing Council (November 15, 2022). 14.5 In determining the “lame duck” period, Council is in “lame duck” where it can be determined, with certainty, that less than 75% of the Members of the old council are not returning to the new council. 14.6 For a more detailed explanation of “lame duck” and the restrictions placed on Council during the “lame duck” period, please see Attachment 1. Page 139 Municipality of Clarington Page 16 Report LGS-005-22 14.7 The Municipal Clerk will notify Members of Council, Department Heads, and Administrative Assistants following Nomination Day (August 19 th) and Voting Day (October 24th) of the determination of whether the Municipality of Clarington is in a lame duck position. Mitigation 14.8 The restriction on the appointment of municipal officers during a lame duck period is mitigated by the appointment of a Deputy Clerk and Deputy Treasurer in the event that there might be a sudden vacancy that occurs during the lame duck period . 14.9 If there are large contracts (where the expenditure exceeds $50,000) the Purchasing By-law addresses this situation in Section 61, Council Recess Procedures, as follows: 61. (1) Notwithstanding section 60 [regarding approval limits and reporting], where a matter which would have otherwise been submitted to Committee requires approval during any of Council’s recesses, including elections, the CAO shall be authorized to award the Contract if the Treasurer is of the opinion that the price is reasonably reflective of the approved budget allocation and/or is part of the normal operating responsibility of the Department. (2) The Purchasing Manager shall report all Contracts awarded under subsection (1) to Committee as soon as possible after the conclusion of the recess. (3) Council shall not vary any action or decision of the Contract awards made in accordance with this section. 14.10 Regarding any other matter that could foreseeably arise, in which Council would be restricted from acting during a lame duck period, Staff will seek delegated authority from Council prior to Nomination Day. 15. Communication Plan 15.1 Staff have developed a comprehensive, multi-channel communication plan. As part of the plan, dedicated web pages have been developed to provide information regarding the municipal elections. The information will continually be updated as the election progresses. 15.2 The main webpage, www.clarington.net/votes and the direct election support hotline number, 905-697-4747, are both currently operational. Page 140 Municipality of Clarington Page 17 Report LGS-005-22 16. Key Dates The following are key election dates: May 2 = Nomination period begins (Reminder: Nomination form requires signatures of 25 persons.) August 19 at 2:00 PM = Nomination Day (i.e., nomination period ends, unless an extension is required due to lack of candidates in a race.) September 3 = Election signs may be displayed starting on this date. September 19 = Last regular Council meeting prior to the election October 1 = Deadline to establish the new Compliance Audit Committee (a separate report will be presented to Committee in the Spring of 2022) October 18 to 24 inclusive = Voting Period October 24 = Voting Day November 21 = Inaugural meeting of Clarington Council December 31 = End of Campaign financial reporting period March 29 = Deadline for filing financial statements. 17. Concurrence The Director of Financial Services/Treasurer has reviewed the report and concurs with the recommendations. 18. Conclusion It is respectfully recommended that this report be received for information. Staff Contact: June Gallagher, Municipal Clerk, jgallagher@clarington.net or 905-623-3379 ext. 2102. Attachments: Attachment 1 – Article by Fred Dean regarding Lame Duck Council, from the October 2013 publication of Municipal World Interested Parties: There are no interested parties to be notified of Council's decision. Page 141 by Fred Dean municipal elections The “lame duck” council provisions that restrict council’s powers were completely rewritten in Ontario’s Municipal Act, 2001 and amended further in 2006. What follows is intended to provide members of council and municipal staff a summary of the lame duck restrictions and what preparations need to be made in advance of the election period. Two questions must be asked when looking at section 275. First, when does a council become “lame duck”? That is, under what circumstances is a council restricted in its ability to act? The second question: how is council restricted? Subsection 275 (1), paragraph1 deals with the situation where the composition of council does not change. It is this situation that is dealt with in this article. Paragraphs 2 and 3 deal with situations where the size of the new council is different from the old council because of an amalgamation or restructuring. So, when does a council become lame duck? A council can become lame duck in one or both of two separate time periods. First, the period from nomination day to election day. In 2014, this period is from September 12 at 2:00 p.m. to October 27. The second time period runs from election day to the end of the term. In 2014, this second period runs from October 27 to November 30. The clerk must do an analysis after each of these dates. Nomination Day The test for this fi rst time period is whether the new council “will include less than three-quarters of the members of the outgoing council.” The use of the word “will” suggests that there is a determination that the council will with FRED DEAN is a municipal lawyer who acts exclusively for the bene t of local government. He can be reached at 416-251-8811 or <fdean@citysolicitor.net>. “LAME DUCK” COUNCIL Restricted acts after Nomination Day in Ontario certainty have less than 75 percent of the members of the old council. Not that it “may” have. The fi rst thing to do is determine 75 percent of the membership of council. For example, 75 percent of a council consisting of seven members is 5.25. Thus, fi ve members are less and six members are more than 75 percent. Let’s do some examples based on a council of seven members, elected by wards. There is NOT a lame duck council in the following situations: ►six members are running in elections and one is not running for offi ce; or ►three members are acclaimed and four are running for offi ce in elections. In these examples, it cannot be determined with certainty that at least 75 percent of the former members will be returning to council. Will the new council include less than 75 percent of the outgoing council members? It could, but it could also include more than the 75 percent. Thus, the answer is no, and, as a result, the outgoing council is not restricted in its actions during this period. There is a lame duck council in the following situations: ►six members are retiring and one is in an election; ►the head of council and two members are running for offi ce of mayor and four are running in elections for their current offi ce; or ►two are retiring and fi ve are in elections for their current offi ce. In these examples, it can be determined with certainty that less than 75 percent of the current members of council will be returning to sit on the new council. Thus, the test in paragraph 1 of subsection 275 (1) – that the new council will include less than 75 percent of the outgoing council – is satisfi ed. Election Day The second analysis must be done on election day, after the results are known. The same question must be asked: Will the new council be composed of 75 percent or more of the members of the old council? If the answer is “yes” then there is not a lame duck council. If the answer is “no,” then council will be restricted in its actions; it will be lame duck. Again let’s do some examples: There is NOT a lame duck council in the following situations: ►six members are returned in elections, but the mayor lost to a newcomer; ►two members are acclaimed and the rest are elected; there are no new members on the council; or ►a councillor ran against the mayor and won, and all the other members were re-elected. In these examples, it can be determined with certainty that 75 percent or more of the members of the old council are returning as members of the new council. Thus, in these examples, the new council is not a lame duck council from the date of the election until the end of the term. Council’s powers are not restricted during this period. There is a lame duck council in the following situations: October 2013 Municipal World 35161 Attachment 1 to Report LGS-005-22 Page 142 ►five members of the old council are elected and two are defeated; ►four members are acclaimed to their old office and one of the three members running for mayor is elected, thus two are defeated; or ►five members are acclaimed and two have retired. In these examples, it can be determined with certainty that less than 75 percent of the current members of council will be returning to sit on the new council. Thus, the test in paragraph 1 of subsection 275 (1) – that the new council will include less than 75 percent of the outgoing council – is satisfied. Thus, in these examples, the old council is a lame duck council from the date of the election to the end of the term, and its powers are therefore restricted. Restricted Acts Once the determination has been made with certainty that the council is lame duck for either or both time frames, then the four restrictions in subsection (3) will apply. These are: (a) the appointment or removal from office of any officer of the municipality; (b) the hiring or dismissal of any employee of the municipality; (c) the disposition of any real or personal property of the municipality that has a value exceeding $50,000 at the time of disposal; and (d) making any expenditures or incurring any other liability that exceeds $50,000. This is the complete list. There are no other restrictions on a council’s ability to make decisions or exercise powers. The restriction on the hiring or firing of staff could cause real difficulties for a municipality, particularly as many will be hiring for winter maintenance. Subsection 275 (6) provides that nothing in this section prevents a person or body from exercising authority delegated by council. Thus, if the power to hire employees has been delegated to staff, then the fact that council’s powers are restricted during the lame duck period will not restrict staff from being hired or fired. Large municipalities have delegated to staff this authority to hire and fire, but it is important for smaller municipalities where councils often maintain control of the hiring process. It is important to note that council cannot delegate during the election period. The delegation by council must be made before nomination day. Any delegation will require that council’s delegation policy be amended. This could require special notice in accordance with council’s notice policy. There is another provision that lessens the impact of the restrictions on a lame duck council. Subsection 275 (4) provides that restrictions in clauses (c) and (d) do not apply if the disposition or liability was approved by council in the annual budget. The one condition is that council must have approved the budget before nomination day. Thus, a contract could be awarded by a lame duck council for an amount in excess of $50,000, so long as the amount was included in the annual budget. The lame duck council would not be able to award the contract, however, if the amount of the tenders or bids exceeded the amount included in the budget. A frequently asked question is whether the municipality can close a real estate transaction during the lame duck period. The answer is “yes” – assuming that council passed a by-law approving the execution of the agreement of purchase and sale in advance of the lame duck period. In 2006, the province added a new subsection (4.1), which provides that nothing in section 275 prevents a municipality taking action in the event of an emergency. What constitutes an emergency? It does not mean merely urgent or inconvenient. The best definition for a council to apply is found in the Emergency Management and Civil Protection Act, in which “emergency” is defined to mean “a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise.” Conclusion Council and staff should begin planning well in advance for the eventuality of a council whose powers are restricted during the election period. Once nomination day arrives, the first step is for the clerk to do the 75 percent calculation; don’t round up or down. Determine whether the council’s powers will be limited during both the period between nomination and election day, and then again between election day and the end of the term of the old council. If it is a lame duck council, there are only four powers of council that are restricted. The impact of these restrictions is reduced by the ability of council to exercise powers in those matters that have been previously approved in the annual budget. Also, council may delegate its powers before nomination day and the person to whom they have been delegated will be able to act. MW 36 Municipal World October 2013 162Page 143 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: March 21, 2022 Report Number: LGS-006-22 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Return to Council Chambers for Council and Standing Committee Meetings Recommendations: 1. That Report LGS-006-22 and any related communication items, be received; and 2. That Council provide direction regarding the Joint and General Government Committee (GGC) Chair by selecting one of the following options: a. Mayor chairs the whole Joint/GGC meeting from the main desk; or b. Chair rotates during the Joint/GGC meeting, while seated at their seats in Council Chambers; or c. Different Member chairs whole Joint/GGC meeting from the main desk in person only, by last name alphabetically in rotation; 3. That Staff be directed to provide an amendment to the Procedural By-law, as appropriate, based on the above direction. Page 144 Municipality of Clarington Page 2 Report LGS-006-22 Report Overview As the Province begins to loosen COVID-19 restrictions, this report explains the plan for Clarington Council, Staff, and residents to “return to Council Chambers”. 1. Background 1.1 In March, 2020, the Province allowed municipalities to participate electronically in Council meetings during emergencies. As a result, on March 23, 2020, Council passed By-law 2020-022 to amend the former Procedural By-law to accommodate these emergency provisions. 1.2 Arising out of Report CLD-011-20, Council passed By-law 2020-046 to amend the former Procedural By-law to allow for electronic participation during routine periods. 1.3 The current Procedural By-law 2021-054 incorporated the following for routine periods: 2.4.3 A member of Council, of a local board or of a committee of either of them is permitted to participate electronically in a meeting and may be counted in determining whether or not a quorum of members is present at any point in time. 2.4.4 For clarity, a Member of Council, of a local board, or of a committee of either of them, can participate electronically in a meeting that is closed to the public. 2.4.5 The protocol for participating electronically shall be set out by the Municipal Clerk and may be amended from time to time. 1.4 Since COVID-19 began, Council and Standing Committee meetings have effectively been held as hybrid meetings, with all particip ants participating remotely except for the Chair, accompanied by the Clerk/Deputy Clerk and the recording secretary. 2. Return to Council Chambers Plan 2.1 Whether meetings are hosted entirely virtually, or in a hybrid manner, the audio -video upgrades to the Council Chambers supports both formats. Page 145 Municipality of Clarington Page 3 Report LGS-006-22 2.2 Electronic participation is beneficial to some members of the public for reasons such as travel distances, adverse weather conditions, temporary illness, accessibility considerations, and the convenience to attend meetings from any location. Electronic participation provides another method for members of the public to be engaged in municipal business and participate in local government. 2.3 With the recent Provincial changes regarding screening (i.e. going from active screening to passive screening), Staff have reviewed the current restrictions . 2.4 As a result, effective April 4th (i.e. the first Council meeting in April), all Council and Standing Committee (General Government Committee (GGC) and Planning and Development Committee (PDC) meetings), including Joint meetings, will be held using a true hybrid model, in a phased in approach, beginning with Members of Council, as shown below. Who May Return? How? Timing? Next change? Members of Council (Can still attend virtually) Return to Chambers, spread out – two on each side of outer ring; one on each side of inner ring April 4 Return to regular seating or MS Teams after Social Distancing is removed. CAO/Department Heads/Staff MS Teams only; with option to attend in person, seated at Staff table. April 4 Return to regular seating or MS Teams when Social distancing is removed. Delegations/Presenters (non-Planning Public Meetings) Continue to pre-register; will have the option of in-person or MS Teams May 2 N/A Delegations for Planning Public Meetings Continue to pre-register; will have the option of in-person or MS Teams May 16 N/A Audience/Gallery Continue to provide the option of viewing the video online OR attending in person. 50% capacity, with the use of two overflow rooms (1A & 1C) for viewing of online video. Limited capacity can also provide a level of comfort to attendees. May 16* No capacity limits when Social distancing is removed. Page 146 Municipality of Clarington Page 4 Report LGS-006-22 2.5 The above approach comes with the following assumptions and parameters: All these plans are contingent on active screening not being in place. Anyone (delegates, presenters, Council, staff) can still attend via MS Teams but need to provide advanced notice to the Clerk’s Division at clerks@clarington.net if they plan to attend in person. Every Member of Council, and Staff, should use a device/laptop with a “raised hand feature” enabled on MS Teams, even in the Council Chambers (because the Chair will need to see all hands whether Members are remote, or in-person). The Chair (see discussion regarding Chair for Joint/GGC) will be in Council Chambers and need to use a device/laptop, to be able to see raised hands of those attending virtually at the same time as raised hands of those attending in- person. Anytime staff or Council are in-person, they MUST have their device/laptop muted (to avoid feedback) and must use the desk microphone to speak (so that both virtual and in-person participants can hear) and display their video during discussions and voting. Prior to the official return of staff to in person, if not all Members of Council are in attendance in person, the CAO and Department Heads may be able to sit in their assigned seating, depending on social distancing. Any changes to the timing of the above return needs to ensure that there is a two month lead-time for the notice for Public Meetings for Planning Purposes. 2.6 This phased-in approach provides protection against a possible “roll-back” if public health measures should have to be tightened. Additionally, it allows each “returning group” an opportunity to be comfortable with the “new normal” before introducing the next “returning group”. 3. Discussion regarding the Joint/GGC Chair 3.1 Arising out of the meeting experience during COVID-19, and after reviewing the approach of other municipalities, Staff are recommending a change to how Joint/GGC meetings are chaired. 3.2 During COVID, the Chair has chaired remotely (except for the portion chaired by the Mayor). This is not ideal even currently as it is dependent on good internet and the approach does not lend itself to the Clerk/Deputy being able to advise the Chair or get their attention for parliamentary reasons. 3.3 Over concern for cleaning practices surrounding the “switching of Chairs during Joint/GGC meetings”, Staff are recommending that Council change this practice. Page 147 Municipality of Clarington Page 5 Report LGS-006-22 3.4 Staff have reviewed best practices within the Region of Durham and, other than the Region, the other municipalities do not “switch chairs during a meeting”. As a result, Staff are suggesting that Council choose from the following approaches, as outlined below with pros and cons: Option Pros Cons 1.Mayor chairs the whole Joint/GGC meeting from main desk Smoother meeting; no interruption from one Department to another Clerk able to advise Chair No opportunity for other Members to have experience in Chairing meetings 2. Chair rotates during the Joint/GGC, while seated at their seats Opportunity for Members to share chairing duties More interruption of the meeting Clerk unable to easily advise Chair 3.Different Member chairs whole Joint/GGC from main desk, in person only, by last name alphabetically in rotation. Opportunity for Members to share chairing duties Smoother meeting; no interruption from one Department to another Clerk able to advise Chair Member may only get a couple of opportunities a year to chair. 3.5 Staff also considered an option where a different Member chairs the whole GGC from main desk in person OR virtually, by last name alphabetically in rotation. However, the “virtualness” results in the problems with internet and smooth running of a meeting, so Staff are not recommending it. 3.6 The above options come with the following: Requirement that all participants be on MS Teams to use the hands feature. Provides the option of allowing the member to be “seen” by turning on their video. For Option #1 & #3, if a Chair was scheduled and is unable to attend in person, they skip their turn. Page 148 Municipality of Clarington Page 6 Report LGS-006-22 The provision that the Chair can “step down”, to participate in debate, still remains. 4. Change to Procedural By-law - Chair 4.1 Depending on the option decided for the Joint/GGC Chair, the procedural by-law may need to be changed and the draft amending by-law will be brought forward at the next Council meeting. 5. Concurrence Not applicable. 6. Conclusion It is respectfully recommended that Council provide direction on how to proceed regarding the Joint/GGC Chair. Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or jgallagher@clarington.net. Attachments: Not applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 149 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: March 21, 2022 Report Number: LGS-007-22 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Appointment to the Clarington Municipal Election Compliance Audit Committee Recommendations: 1. That Report LGS-007-22 and any related communication items, be received; 2. That the Committee consider the applications for appointments to the Clarington Municipal Election Compliance Audit Committee in accordance with the Appointment to Boards and Committees Policy; 3. That three members and one alternate member be appointed to the Clarington Municipal Election Compliance Audit Committee in accordance with Section 88.37(1) of the Municipal Elections Act, 1996, for a term beginning September 30, 2022, and ending September 30, 2026; and 4. That all interested parties listed in Report LGS-007-22 and any delegations be advised of Council’s decision. Page 150 Municipality of Clarington Page 2 Report LGS-007-22 Report Overview This report is intended to provide background information, regarding the Clarington Municipal Election Compliance Audit Committee appointments in accordance with the Municipal Elections Act, 1996. 1. Background 1.1 The Municipal Elections Act, 1996, as amended, (the MEA) requires that every municipality appoint a municipal elections compliance audit committee prior to October 1, 2022. 1.2 The Committee has the full authority, provided by Sections 88.33 to 88.37 of the MEA, to address applications requesting an audit of a candidate's or third party advertiser's election campaign finances and to consider reports from the Clerk citing apparent instances of over-contribution to municipal campaigns. In accordance with the MEA, this authority includes, but is not limited to, the following: review applications for a compliance audit and grant or reject audit requests within 30 days of receipt; where an audit is granted, appoint an auditor and review the audit report; following the audit, decide whether legal proceedings shall be commenced; and within 30 days after receiving a report from the Clerk, under Sections 88.34 and 88.36 (dealing with apparent campaign contributions above the permitted limits), the Compliance Audit Committee shall meet to consider the report and decide whether to commence a legal proceeding against a contributor for an apparent contravention, if applicable. 1.3 At the January 24, 2022, Council meeting, Council adopted the following resolution contained in Report LGS-001-22: That Report LGS-001-22, and any related communication items, be received; That the By-law appended as Attachment 1 to Report LGS-001-22, to update the Terms of Reference for the Municipality of Clarington's Compliance Audit Committee, be approved; and That all interested parties listed in Report LGS-001-22 and any delegations be advised of Council's decision. 1.4 The Committee’s Terms of Reference were approved with the passage of By-law 2022- 003. Page 151 Municipality of Clarington Page 3 Report LGS-007-22 2. Recruitment of Compliance Audit Committee Members 2.1 The Terms of Reference indicate that the composition of the Committee shall consist of three members and one alternate member, appointed by Council. 2.2 The Municipal Clerk’s Division placed an advertisement in local papers and on the Municipality’s website detailing the selection criteria, with a deadline of 2:00 p.m. on Friday, March 11, 2022. In an effort to extend the reach of our advertisements for vacancies, the Clerk’s Division has created a profile on the www.claringtonvolunteers.ca website. Vacancies for the Compliance Audit Committee were listed on the Clarington Volunteers website. 2.3 Additionally, Staff contacted the Institution of Chartered Accountants, the Law Society of Upper Canada, Durham Region Police Service, UOIT, and former applicants. 2.4 In response to the advertisements, the following applications were received: Mohammed Ahmed Alan Tibbles Paul Jones* Ryan Frost* John Mutton JoAnne Swaine* Nancy Guerin-Read – Late Andrew Villeneuve – Late *Note: Paul Jones, Ryan Frost, and JoAnne Swaine are currently appointed to the 2018-2022 Clarington Municipal Election Compliance Audit Committee. 2.5 The applications have been circulated confidentially under separate cover (Attachment 1) as they contain personal information. 2.6 The following selection criteria are recommended: Demonstrated knowledge and understanding of municipal election campaign financing rules; Proven analytical and decision-making skills; Experience working on committees, boards, adjudicative bodies, task forces, or similar settings; Page 152 Municipality of Clarington Page 4 Report LGS-007-22 Experience in accounting and audit, law, law enforcement, academics, or municipal administration from related fields; Demonstrated knowledge of quasi-judicial proceedings; Availability and willingness to attend meetings; and Excellent oral and written communication skills. 3. Timing Although Council has until October 1st to appoint the new Committee, the preferred timing would be prior to the May 1st start of nominations. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that Committee consider the vote to make four appointments to Compliance Audit Committee for a term ending September 30, 2026. Staff Contact: Lindsey Patenaude, Committee Coordinator, 905-623-3379 ext. 2106 or lpatenaude@clarington.net. Attachments: Attachment 1 – Confidential Applications (Distributed Under Separate Cover) Interested Parties: The following interested parties will be notified of Council's decision: Mohammed Ahmed Alan Tibbles Paul Jones Ryan Frost John Mutton JoAnne Swaine Nancy Guerin-Read Andrew Villeneuve Page 153 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: March 21, 2022 Report Number: LGS-009-22 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Amendments to the Fee By-law – Finance and Clerk’s Recommendations: 1. That Report LGS-009-22 and any related communication items, be received; 2. That the By-law attached to Report LGS-009-22, as Attachment 1 to Report LGS- 009-22, amending the Fee By-law 2010-142 to primarily reinstate service fees and to waive the Commissioner of Oaths fees for name changes (as well as make some housekeeping changes), be approved with an effective date of June 1, 2022; and 3. That all interested parties listed in Report LGS-009-22 and any delegations be advised of Council’s decision. Page 154 Municipality of Clarington Page 2 Report LGS-009-22 Report Overview This report has been prepared to present recommendations to reinstate service fees charged by Financial Services that were previously removed and obtain Council’s approval to amend By-law 2010-142, the Fee By-law; and to waive the Commissioner of Oaths fee for change of name forms; as well as some other housekeeping changes to the Clerk’s Division fees. 1. Background Commissioner of Oaths – Change of Name Form 1.1 Through recent awareness programs, education, and webinars, Staff have become aware that certain communities have an added burden when it comes to changing their name. These communities include persons impacted by the Truth and Reconciliation Committee’s calls to action; 2SLGBTQI and transgender people. Reinstate Services Fees Charged by Financial Services 1.2 In 2018, several service fees were removed from the Fee By-law 2010-142. Fees for processing ownership changes, arrears notices, and issuing statements were removed from the Fee By-law. The estimated revenue loss at the time was $150,000/year. 1.3 A change of ownership service fee was first implemented in 2010 and is commonly charged by Municipalities. A fee is added after a title change has been registered, and the update is processed by municipal staff, including adding or removing names. 1.4 A statement of account shows the current status of a property tax account. A statement is often requested when an owner sells the property or for mortgage or income tax purposes. A statement is a duplication of information that is already provided on the property tax bill. 1.5 Arrears notices for properties with three years of outstanding taxes or greater are currently mailed twice a year. These properties are eligible for tax sale registration or would become eligible on January 1 of the following year. Previously a $25.00 service fee was added to each roll number. These notices are printed internally and are assigned to staff to monitor. 1.6 Arrears notices for properties with less than two years outstanding t axes are printed by a third party. A third mailing is sent for properties containing an outstanding amount in the current year. No service fees were previously added to these accounts. Page 155 Municipality of Clarington Page 3 Report LGS-009-22 2. Discussion Change of Name Form 2.1 In an effort to support diversity initiatives and to remove systemic barriers, Staff are proposing that Clarington waive the fee for commissioning services on Ontario’s change of name forms (currently referred to as Form 11155E for adults and Form 11156E for children). 2.2 In particular, through the waiving of fees for the Change of Name Form, Staff believe this will support the Truth and Reconciliation Committee’s Call to Action, where #17 states: “We call upon all levels of government to enable residential school Survivors and their families to reclaim names changed by the residential school system by waiving administrative costs for a period of five years for the name -change process and the revision of official identity documents, such as birth certificates, passports, driver’s licenses, health cards, status cards, and social insurance numbers.” 2.3 Additionally, the 2SLGBTQI Community experiences an extra burden when they are going through a gender or identity change and could benefit from the waiving of the fees. 2.4 The following shows the total revenue, by year, for Commissioner of Oaths fees: Year Amount Collected Number of Transactions 2017 $11,300 558 2018 $14,100 555 2019 $12,750 508 2020 $9,750 385 2021 $9,900 389 Total $57,800 2,395 The above is for all commissioning services and reflects an increase from $20 to $25 in September, 2017. It also shows the decrease in 2020 and 2021 due to COVID. 2.5 Since we provide commissioning services for all manner of forms, we can only provide an anecdotal estimate of 5% of our transactions being for Change of Name forms. Therefore, in a non-COVID year, we would anticipate this would be an approximately $675/year decrease in revenue. Page 156 Municipality of Clarington Page 4 Report LGS-009-22 New Ownership Letter 2.6 A survey was completed by the local municipalities in February 2022, following the Special General Government Committee meeting on January 31. The new ownership fee is consistently charged by all other municipalities in Durham Region. It is recommended to reinstate the new ownership fee at the same rate as 2017 in the amount of $30.00. This administration fee is to cover staff time to make the necessary changes as well as the costs to send a change of ownership letter. The change of ownership letter is a notification to the new owner of taxes to be paid. This fee recovers the costs of service provided to specific taxpayers, rather than general taxation services that all taxpayers would benefit from. Oshawa Whitby Ajax Pickering Scugog Brock Uxbridge $25.00 $25.00 $40.90 $40.00 $30.00 $15.00 $30.00 Statement of Account 2.7 The statement of account fee is also consistently charged by all other local municipalities. It is recommended to reinstate the statement of account fee in the amount of $10.00/roll number. Oshawa Whitby Ajax Pickering Scugog Brock Uxbridge $10.00 $10.00 $20.50 $10.00 $15.00 $10.00 $15.00 Page 157 Municipality of Clarington Page 5 Report LGS-009-22 Arrears Notices 2.8 Despite the arrears notice fee not being consistently charged by all local municipalities, it is recommended the administration fee be changed from the original $25/roll number for properties with three years outstanding taxes or greater to be $5.00/roll number for all arrears notices issued. This is to cover the costs of printing and postage and is a lower impact to individuals than the existing process. Oshawa Whitby Ajax Pickering Scugog Brock Uxbridge $5.00 $0.00 $0.00 $5.00 $6.00 $0.00 $5.00 Housekeeping of other Fees 2.9 In reviewing the changes necessary for the Commissioner of Oaths fee, Staff have identified the following housekeeping changes that are recommended to be addressed: Schedule “D” – Clerk’s Division Fees: o Change title of schedule from “Clerk’s Department” to “Legislative Services Department” o Delete the $25 fee for “Certification of Documents” – in accordance with the limited authority to certify documents, we no longer provide this service. o Delete the $15 fee for the “Snow Removal By-law” – this is not requested and we typically forward electronic copies of by-laws to requesters. o Delete the $25 fee for the Live Birth Registration – municipalities do not perform this service any longer, it is do ne by the Province. o Delete the $25 fee for the Live Birth Confirmation – municipalities do not perform this service any longer, it is do ne by the Province. Page 158 Municipality of Clarington Page 6 Report LGS-009-22 “Schedule “F” – General Fees: o Delete the “11-20 pages = $5.00 + Over 20 pages = $10.00 fee” for hard copy staff reports – this is not requested and we typically forward electronic copies of reports to requesters. o Delete the “Flat rate $10 up to 5 pages + $1.00 per page thereafter” fee. We sometimes provide faxing services, however this needs to be discouraged as Clarington should not be responsible for any lost documents + this service is available from other retail outlets. 3. Concurrence This report has been reviewed by the Director of Financial Services/Treasurer who concurs with the recommendations. 4. Conclusion It is respectfully recommended that Council approve the attached amendment to the Fee By-law 2010-142 for rates and fees to come into effect on June 1, 2022. By allowing these fees to be implemented on June 1, 2022, staff will be able to communicate the finance changes through the 2022 Final Tax Brochure and through social media platforms. Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or jgallagher@clarington.net. Attachments: Attachment 1 – Draft By-law to amend the Fee By-law 2010-142 Interested Parties: The following interested parties will be notified of Council's decision: Clarington Diversity Advisory Committee PFLAG Canada of Durham Region Durham Alliance Association Pride Durham Durham Region Aboriginal Advisory Circle Page 159 Municipality of Clarington Page 7 Report LGS-009-22 Bawaajigewin Aboriginal Circle Metis Nation of Ontario Tungasuvviingat Inuit Williams Treaties First Nations o Alderville o Beausoleil o Curve Lake o Georgina Island o Hiawatha o Scugog Island o Rama Page 160 Attachment 1 to Report LGS-009-22 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2022-0XX Being a By-law to amend Schedules D, E, and F of the Fee By-law 2010-142 Whereas the Council for the Municipality of Clarington adopted the recommendations in Report LGS-XXX-22 to make several amendments to Schedules D, E, and F; Now therefore be it resolved that the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Schedule “D” to By-law 2010-142 be amended as follows: Change title of the Schedule from “Municipal Clerk’s Department” to “Legislative Services Department” Delete the fee for “Certification of Documents” Delete the fee for the “Snow Removal By-law” Delete the fee for the Live Birth Registration Delete the fee for the Live Birth Confirmation 2. That Schedule “E” to By-law 2010-142 be amended as follows: Change the title of the Schedule from “Finance Department” to “Financial Services Department” Add: i. Ownership Change $30.00 per roll number ii. Statement of Account $10.00 per roll number iii. Arrears Notice $5.00 per roll number Page 161 Attachment 1 to Report LGS-XXX-22 3. That Schedule “F”, General Fees, to By-law 2010-142 be amended as follows: Delete the “Staff Reports” fee Delete the “Long Distance Fax Service” fee Change the “Commissioner of Affidavits” fee to “Commissioner of Oaths” Change the fee for the “Commissioner of Oaths” service to waive the fee for Ontario “Change of Name Forms”, currently referred to as Form 11155E and Form 11156E. 4. That this By-law shall come into effect on June 1, 2022. By-Law passed in open session this XXth day of XXX, 2022. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Page 162 MUNICIPALITY OF CLARINGTON GENERAL GOVERNMENT COMMITTEE RESOLUTION #_________________ DATE March 21, 2022 MOVED BY CORINNA TRAILL SECONDED BY ____________ W hereas when an Official Plan Amendment, Rezoning Application, Zoning By- law Amendment or Zoning By-law Application is being considered by Council, and Clarington law enforcement has file open which runs concurrent to and pertains to the subject of such Official Plan Amendment, or Zoning By-law Amendment or Rezoning Application, past practice has been for Clarington Law Enforcement to stay the file pending a final resolution by Council of such Amendment or Application being considered. And whereas the interests of justice dictate that like cases should be treated in a like manner; and And whereas Council has final say on all policy matters; Now therefore be it resolved that: 1. The Enforcement By-Law be amended to reflect that where a by-law matter has a policy component, the past practice as per Official Plan Amendments, Rezoning Applications, Zoning By-Law Amendments and Zoning By-Law Applications of staying the by-law enforcement matter pending a final resolution of Council on the policy aspect of the enforcement matter shall automatically apply; and 2. This amendment to the Enforcement By-Law applies to all ongoing and future by-law enforcement matters but shall have no retroactive application; and 3. If there is uncertainty as to whether a by-law enforcement matter has a "policy" component, the issue shall be referred to Council for a determination. Page 163 MUNICIPALITY OF CLARINGTON GENERAL GOVERNMENT COMMITTEE RESOLUTION # DATE March 21, 2022 MOVED BY Mayor Foster SECONDED BY Whereas the population growth in Clarington has exceeded the growth in other municipalities served by the Kawartha Pine Ridge District School Board, And whereas the disparity in population growth has resulted in an unbalanced geographic representation of trustees across the Kawartha District School Board; And whereas school boards are responsible for trustee determination based o n O Reg 412/00; Now, therefore, be it resolved, that should the Kawartha Pine Ridges School Board not allow for greater representation for the Municipality of Clarington in their 2022 Determination and Distribution Report that Staff be directed to appeal the decisions based on that report to the Ontario Land Tribunal ; and That the required administration appeal fees come from the 2022 Operating Budget. Page 164 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: March 21, 2022 Report Number: FSD-014-22 Submitted By: Trevor Pinn, Director of Financial Services/Treasurer Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: CL2022-8 By-law Number: Report Subject: Miscellaneous Catch Basin and Maintenance Hole Repairs Recommendations: 1. That Report FSD-014-22 and any related communication items, be received; 2. That Corsa Construction Limited with an estimated annual bid of $96,300 (Net HST Rebate) being the lowest bidder meeting all terms, conditions and specifications of CL2022-8 be awarded the contract for an initial two-year term for Miscellaneous Catch Basin and Maintenance Hole Repairs, as required by the Public Works Department; 3. 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 three additional one-year terms; 4. That the funds required for the first-year term in the estimated amount of $96,300 (Net HST Rebate) be funded from the Municipality’s respective operating accounts. The funds required for the second-year term in the estimated amount of $96,300 (Net HST Rebate) will be included in future budget accounts; and 5. That all interested parties listed in Report FSD-014-22 and any delegations be advised of Council’s decision. Page 165 Municipality of Clarington Page 2 Report FSD-014-22 Report Overview To request authorization from Council to award CL2022-8 Miscellaneous Catch Basin and Maintenance Hole Repairs. 1. Background 1.1 Tender specifications for Miscellaneous Catch Basin and Maintenance Hole Repairs were prepared by the Public Works Department and provided to the Purchasing Services Division. 1.2 Tender CL2022-8 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 Buyers Association ’s website. 1.3 Twenty-two plan takers downloaded the tender document. 2. Analysis 2.1 The tender closed on February 25, 2022. 2.2 Eight bids were received in response to the tender call. 2.3 Of the fourteen companies that downloaded the tender document but chose not to submit pricing: Two companies were associations that distribute bid documents to their members; Two companies were not able to take on the contract due to current workload; Two companies were not able to bid competitively due to geographical location; and Eight companies did not respond to 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, Corsa Construction Limited be recommended for award of tender CL2022-8. 2.6 Corsa Construction Limited has not completed work for the Municipality of Clarington. References were checked for Corsa Construction Limited and they came back satisfactory. Page 166 Municipality of Clarington Page 3 Report FSD-014-22 3. Financial 3.1 The annual funding required for the first-year term in the estimated amount of $96,300 (Net HST Rebate) will be funded from the respective operating budget accounts as required. The funds required for the second-year term in the estimated amount of $96,300 (Net HST Rebate) will be included in future budget accounts. 3.2 Pricing submitted for Miscellaneous Catch Basin and Maintenance Hole Repairs is to remain firm for the first year of the contract. Should the contract be 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 is for two years plus three optional additional years and is approximately $481,500 (Net HST Rebate). 3.4 Queries with respect to the department needs 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 Corsa Construction Limited being the lowest compliant bidder be awarded the contract for Miscellaneous Catch Basic Repairs per the term and conditions of Tender CL2022-8. Staff Contact: David Ferguson, Purchasing Manager, (905) 623-3379 x2209 or dferguson@clarington.net. Attachments: Attachment 1 – Summary of Bid Results Interested Parties: List of Interested Parties available from Department. Page 167 Municipality of Clarington Page 4 Report FSD-014-22 Attachment 1 to Report FSD-014-22 Municipality of Clarington Summary of Bid Results Tender CL2022-8 Miscellaneous Catch Basic and Maintenance Hole Repairs Bidder One-Year Total Bid (Net HST Rebate) Potential Five-Year Total Bid (Net HST Rebate) Corsa Construction Limited $ 96,326.02 $ 481,630.08 Coco Paving 204,863.23 1,024,316.16 PTR Paving Inc. 205,346.53 1,026,732.65 Carchidi Excavating 250,988.39 1,254,941.97 Arenes Construction Ltd 265,150.94 1,325,754.72 Aqua Tech Solutions Inc 303,666.09 1,518,330.43 Bry Ron Contracting Limited 330,704.74 1,653,523.68 Quality Property Services 707,659.39 3,538,296.96 Page 168 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: March 21, 2022 Report Number: FSD-015-22 Submitted By: Trevor Pinn, Director of Finance/Treasurer Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: 2021 Building Permit Fees Annual Report Recommendation: 1. That Report FSD-015-22 be received for information. Page 169 Municipality of Clarington Page 2 Report FSD-015-22 1. Background 1.1. Under the Building Code Act, 1992 and the passing of subsequent amendments and Ontario Regulation 350/06, municipalities are required to prepare an annual report that records the amount of building permit fees collected and the costs incurred during the process. 1.2. In accordance with the Building Code Act, 1992 as amended, staff have prepared this report to Council with the required content on an informational basis and Attachment “A” will be posted on the Municipality’s website. 1.3. A Building Permit Fee Update Study was completed in September 2017 by Hemson Consulting Ltd. This was an update to the 2011 study also completed by Hemson. The reviews are completed every five (5) years to ensure that the building permit fees are in line with the cost of building inspections and that all appropriate direct and indirect costs are being allocated. Funds were included in the 2022 Budget to complete the update study to the permit fees. 1.4. In 2021, building permits issued generated total building permit revenue of $3,038,510 (2019 - $2,496,222) creating a surplus of $711,595 (2019 –$224,225) after reducing the total revenue by the direct and indirect expenses as outlined on Attachment 1. 1.5. As the building permit funds are to be segregated from the general funds of the Municipality, the surplus of $711,595 was transferred to the Building Division Reserve Fund leaving the surplus/deficit for December 31, 2021, as nil. As of December 31, 2021, the reserve fund had approximately $2.8 million. These funds are restricted to building inspection related uses. 1.6. For the 2021 year, the Planning and Development Services Department advised Council through the annual building permit activity report (PSD-012-22) that the building permits issued in 2021 (1,103) were lower than 2020 (1,352). 2. Concurrence This report has been reviewed by the Planning and Development Services Director who concurs with the recommendations. Report Overview This report is prepared as required by the Building Code Act reporting requirements for Building Permit Fees. There is no current adjustment required to the building fees beyond the normal increase approved through By-law 2017-086. Page 170 Municipality of Clarington Page 3 Report FSD-015-22 3. Conclusion It is respectfully recommended that Council receive this report. Staff Contact: Michelle Pick, Accounting Services Manager / Deputy Treasurer, 905-623-3379 ext. 2605 or mpick@clarington.net. Attachments: Attachment 1 - 2021 Annual Building Permit Fee Report Interested Parties: There are no interested parties to be notified of Council's decision. Page 171 Attachment #1 to Report FSD-015-22 Municipality of Clarington Building Permit Fee Report December 31, 2021 2021 Actual Building Permit Fees Revenue $ 3,038,510 Transfer from Reserve Fund - Total Revenue $ 3,038,510 Direct costs (Note 1) Payroll $ 1,763,432 Office Space 90,197 Other Operating and Capital Costs 193,939 Subtotal Direct Costs $ 2,047,569 Transfer to Reserve Fund 711,595 Overhead Costs (Note 2) 279,346 Total $ 3,038,510 Revenue (Under) / Over Expenditures $ - Note 1 - Direct costs are deemed to include the costs of the Building Division for the processing of building permit applications, the review of building plans, conducting inspections and building-related enforcement duties. Direct costs also include costs from Public Works, Legislative Services, Fire and Emergency Services and Planning and Development Services which can be directly attributed to the building permit function. Note 2 - Overhead or Indirect costs are deemed to include the costs for support and overhead services to the Building Division. Page 172 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: March 21, 2022 Report Number: FSD-016-22 Submitted By: Trevor Pinn, Director of Financial Services/Treasurer Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Number: Resolution#: Report Subject: 2021 Annual Statement for Cash-in-Lieu of Parkland Recommendation: 1. That Report FSD-016-22 be received for information. Page 173 Municipality of Clarington Page 2 Report FSD-016-22 1. Background 1.1 In accordance with Section 37 (Increased Density) and Section 42 (Cash-in-Lieu of Parkland) of the Planning Act, the Treasurer must provide a financial statement including opening and closing balances to Council relating to cash-in-lieu of parkland monies and increased density funding. This statement must be made available to the public. 2. Section 42 (Conveyance of land for park purposes) 2.1 Under Section 42 of the Planning Act, a municipality may require, as a condition of development, that land be conveyed to the municipality for park or other public recreational purposes. In certain circumstances, Council may require a payment in lieu of land dedication, to the value of the land otherwise required to be conveyed. 2.2 These funds must be held in a special account (Reserve Fund), allocated interest and spent only for the acquisition of land to be used for park or other recreat ional purposes, including the erection, improvement or repair of buildings and the acquisition of machinery, particular to park purposes. 2.3 Attachment #1 details the Statement of the Treasurer, in compliance with the Act. 3. Section 37 (Increased Density) 3.1 Clarington does not currently have a program set up for Section 37; therefore, an annual statement is not required. The Official Plan has a section on “community benefits” (Section 37). Staff will be re-evaluating whether to bring a “community benefits” by-law into place in conjunction with the Secondary Plan approvals and the next review of the Development Charges Study. The Official Plan provision is also in place to allow Clarington to consider this opportunity in the future. As a result, there is no Statement of the Treasurer required. Report Overview This report complies with amendments to the Planning Act, 1990 which became effective in 2016. The Smart Growth for Our Communities Act, 2015 requires reporting on Section 37 (Increased Density) and Section 42 (Conveyance of land for park purposes). On June 6, 2019, Bill 108, More Homes, More Choice Act, 2019 received Royal Assent. This Act contained changes to the Development Charges Act and the Planning Act and included the introduction of the new community benefits charge. This report discloses the annual activity in the Parkland Cash-in-Lieu Reserve Fund for 2021. There is nothing to report for increased density funds or a community benefits charge, at this time. Page 174 Municipality of Clarington Page 3 Report FSD-016-22 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that this report, as required by Section 42 of the Planning Act, 1990 be received for information and be made available to the public by posting on the Municipality’s website. Staff Contact: Michelle Pick, Accounting Services Manager / Deputy Treasurer, 905-623-3379 ext. 2605, mpick@clarington.net Attachments: Attachment 1 – Cash-in-lieu of Parkland Reserve Fund for the year ended December 31, 20 21 Interested Parties: There are no interested parties to be notified of Council's decision. Page 175 Attachment 1 to Report FSD-016-22 Municipality of Clarington Cash-in-lieu of Parkland Reserve Fund For the Year Ended December 31, 2021 Parkland R/F -504 Balance as of December 31, 2020 3,678,240 Plus: Cash-in-lieu Collected in 2021 1,116,517 2021 Reserve Fund Interest 80,287 Subtotal 1,196,804 Less: Amount Transferred to Capital Fund - Land Acquisition Costs - Subtotal 0 Closing Balance as of December 31, 2021 4,875,044 Committed Amounts from Prior Years - Available at December 31, 2021 4,875,044 Page 176 MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee From: Trevor Pinn, Director of Financial Services/Treasurer Date: March 21, 2022 Memo #: Memo-014-22 File No.: Re: 2021 Region of Durham Council Remuneration Report At the February 28, 2022 General Government Committee, Report FSD-010-22 2021 Council Remuneration was received for information. This report is the annual statutory report for remuneration paid to or on behalf of Members of Coun cil in accordance with section 284 of the Municipal Act, 2001. Per Resolution #GPA-455-95, the remuneration report for the Regional Municipality of Durham is to be reported to Council. The Region’s report, which was presented to Finance and Administration Committee on March 8, 2022 is attached to this memo. Trevor Pinn, CPA, CA Director of Financial Services/Treasurer Financial Services Department Page 177 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2304 The Regional Municipality of Durham Report To: Finance and Administration Committee From: Commissioner of Finance Report: #2022-F-10 Date: March 8, 2022 Subject: The Remuneration and Expenses in 2021 of Members of Regional Council and Regional Council Appointees to Local Boards, as Required by Section 284(1) of the Municipal Act, 2001, S.O. 2001, c. 25 Recommendation: That the Finance and Administration Committee recommends to Regional Council: That this report be received for information. Report: 1. Purpose 1.1 The purpose of this report is to provide a statement of the remuneration and expenses that were paid in 2021 to Regional Councillors and Regional Council Appointees, as required by the Municipal Act. 2. Background 2.1 The Municipal Act, 2001 Section 284(1) requires that: "The treasurer of a municipality shall in each year on or before March 31 provide to the council of the municipality an itemized statement on remuneration and expenses paid in the previous year to, (a)each member of council in respect of his or her services as a member of the council or any other body, including a local board, to which the member has been appointed by council or on which the member holds office by virtue of being a member of council; 48 #2022-F-10 Attachment 1 to Memo-014-22 Page 178 Report #2022-F-10 Page 2 of 3 (b) each member of council in respect of his or her services as an officer or employee of the municipality or other body described in clause (a); and (c) each person, other than a member of council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body. 2001, c. 25, s. 284 (1).” 3. Previous Reports and Decisions 3.1 This report is presented to Regional Council annually, in compliance with the Act. 4. Remuneration and Expenses of Regional Council Members and Appointees to Boards and Committees 4.1 Remuneration and expenses of Regional Council members represent the amounts reimbursed directly to or paid on behalf of Regional Council members in 2021, as recorded on the Region’s accounts (Schedules 1 and 2). 4.2 The information concerning Regional Council appointees (Schedule 3) was obtained directly from the Local Boards, except for the Boards, Committees, and Taskforces whose accounting records are maintained by the Regional Finance Department: Development Charges Complaint Committee, Accessibility Advisory Committee, Durham Active Transportation Committee, Durham Advisory Committee on Homelessness, Durham Agricultural Advisory Committee, Durham Environmental Advisory Committee, Durham Nuclear Health Committee, Durham Regional Local Housing Corporation, Durham Region Anti-Racism Taskforce, Durham Region Community Safety and Well-Being Plan Steering Committee, Durham Region Child & Youth Advocate, Durham Region Police Services Board, Durham Region Roundtable on Climate Change, Durham Region Transit Commission, Durham Vision Zero Task Force, Energy from Waste – Waste Management Advisory Committee, Land Division Committee, Local Diversity and Immigration Partnership Council, Strategic Plan Development Task Force, Transit Advisory Committee, and the 9-1-1 Management Board. 5. Relationship to Strategic Plan 5.1 This report aligns with/addresses the following strategic goals and priorities in the Durham Region Strategic Plan: a. Goal 5: Service Excellence 5.3 Demonstrate commitment to continuous quality improvement and communicating results. This report is in compliance with the requirements of the applicable legislation and is part of the Region’s commitment to accountability and transparency framework. 49Page 179 Report #2022-F-10 Page 3 of 3 6. Attachments Schedule #1: Schedule #1: Regional Council Members 2021 Remuneration and Expenses Schedule #2: Schedule #2: Regional Council Members 2021 Compensation Paid in Lieu of Pension Plan and Severance Schedule #3: Schedule #3: Regional Council Appointees to Local Boards 2021 Remuneration and Expenses Respectfully submitted, Original Signed By Nancy Taylor, BBA, CPA, CA Commissioner of Finance Recommended for Presentation to Committee Original Signed By Elaine C. Baxter-Trahair Chief Administrative Officer 50Page 180 REMUNERATION MILEAGE CONFERENCES, CONVENTIONS & MEETINGS TOTAL $$$$ REGIONAL COUNCIL MEMBERS Anderson, G. (3) 58,073.86 - - 58,073.86 Ashe, K. 58,073.86 - - 58,073.86 Barton, D. (3) 58,073.86 - - 58,073.86 Bath-Hadden, D. 3,350.42 - - 3,350.42 Carter, D. 58,073.86 - - 58,073.86 Chapman, R. (4) 64,053.34 41.77 - 64,095.11 Collier, S. (4) 64,053.34 - 678.00 64,731.34 Crawford, M. 58,073.86 - 666.52 58,740.38 Dies, J. 58,073.86 - - 58,073.86 Drew, R. 58,073.86 - - 58,073.86 Foster, A. (3) (4) 64,053.34 - - 64,053.34 Grant, J. 46,459.09 - 678.00 47,137.09 Highet, G. (3) 58,073.86 - - 58,073.86 Kerr, R. 58,073.86 - - 58,073.86 Leahy, C. (3) 58,073.86 - - 58,073.86 Lee, S. 58,073.86 - - 58,073.86 Marimpietri, T. 58,073.86 - - 58,073.86 McLean, W. 58,073.86 - - 58,073.86 Mitchell, D. (3) (4) 64,053.34 - - 64,053.34 Mulcahy, R. (3) 58,073.86 - - 58,073.86 Neal, Joe (3) 58,073.86 - - 58,073.86 Neal, John 58,073.86 - - 58,073.86 Nicholson, B. 58,073.86 - - 58,073.86 Pickles, D. 58,073.86 22.36 762.75 58,858.97 Roy, E. (3) 58,073.86 - - 58,073.86 Ryan, D. (4) 64,053.34 - - 64,053.34 Schummer, W. 11,614.77 - - 11,614.77 Smith, T. 58,073.86 - - 58,073.86 Wotten, W. 58,073.86 - - 58,073.86 Yamada, S. (3) 58,073.86 - - 58,073.86 1,659,315.90 64.13 2,785.27 1,662,165.30 2022-F-10 SCHEDULE 1 REGIONAL COUNCIL MEMBERS 2021 REMUNERATION AND EXPENSES 51Page 181 SCHEDULE 1 (continued) CONFERENCES, MEETINGS REMUNERATION MILEAGE & OTHER TOTAL $$$$ REGIONAL CHAIR Henry, J. 198,482.70 2,030.53 2,560.76 203,073.99 198,482.70 2,030.53 2,560.76 203,073.99 NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2021 REMUNERATION AND EXPENSES (1) (2) Mileage - based on the approved rate per kilometre. Conferences, Meetings, etc. - Accommodation, registration, etc. - reimbursed based on actual receipts. Term Limit maximum of $10,000 for conferences. (3) (4) Denotes Regional Standing Committee Chair. Regional Councillors may claim reimbursement for expenses incurred for Regional business purposes in accordance with approved policies. Regional Councillors may decline reimbursement. Meals & Incidentals - based on the approved rate of $75/day without receipts; however, if the daily rate is insufficient, actual expenses with receipts are reimbursed. Remuneration paid to Regional Councillor by Area Municipality and the Region reimburses the Area Municipality. Remuneration to the Regional Chair and Regional Councillors is authorized under by-laws #55-2018, #16-2007, #01-2005, #08-2004, #09-2004, #10-2004, #50-95 and #61-93. REGIONAL COUNCIL MEMBERS 2021 REMUNERATION AND EXPENSES 52Page 182 2022-F-10 SCHEDULE 2 REGIONAL COUNCIL MEMBERS IN LIEU OF PENSION $ Ashe, K. 6,383.90 Bath-Hadden, D. 5,477.32 Brenner, M. 1,165.94 Carter, D. 5,477.32 Chapman, R. 6,383.90 Collier, S. 5,477.32 Crawford, M. 5,477.32 Dies, J. 5,477.32 Drew, R. 6,383.90 Henry, J. 27,574.38 Kerr, R. 5,477.32 Lee, S. 5,477.32 Marimpietri, T. 5,477.32 McLean, W. 5,477.32 Neal, John 5,477.32 Nicholson, B. 5,477.32 Pickles, D. 5,477.32 Ryan, D. 6,383.90 Schummer, W. 603.07 Smith, T. 5,477.32 Wotten, W. 5,477.32 131,561.47 NOTES TO SCHEDULE OF 2021 COMPENSATION PAID IN LIEU OF PENSION PLAN (1) (2) Pursuant to by-law #08-2004, members of Regional Council who are not enrolled in the Ontario Municipal Employees Retirement System (OMERS) are entitled to compensation in lieu of a pension plan. Payment is made in the current year based on prior year's earnings. Pursuant to by-laws #16-2007 and #55-2018, the Regional Chair has the option to enrol in OMERS or to receive payment in Lieu of Pension. REGIONAL COUNCIL MEMBERS 2021 COMPENSATION PAID IN LIEU OF PENSION PLAN 53Page 183 SCHEDULE 3 REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2021 REMUNERATION AND EXPENSES CONFERENCES, CONVENTIONS, REGIONAL COUNCIL MEETINGS & APPOINTEES REMUNERATION MILEAGE OTHER TOTAL $$$$ Central Lake Ontario Conservation Authority Barton, D. 350.00 - - 350.00 Chapman, R. 2,900.00 - - 2,900.00 Hooper, R. 400.00 - - 400.00 Jones, J. 400.00 - - 400.00 Lee, S. 350.00 - - 350.00 Marimpietri, T. 400.00 - - 400.00 McDougall, I. 300.00 - - 300.00 Mitchell, D. 400.00 - - 400.00 Mulcahy, R. 400.00 - - 400.00 Neal, John 400.00 - - 400.00 Nicholson, B. 300.00 - - 300.00 Pickles, D. 400.00 - - 400.00 Roy, E. 350.00 - - 350.00 Traill, C. 250.00 - - 250.00 Yamada, S. 350.00 - - 350.00 7,950.00 - - 7,950.00 Ganaraska Region Conservation Authority Neal, Joe 330.00 - - 330.00 Zwart, M. 385.00 - - 385.00 715.00 - - 715.00 Kawartha Region Conservation Authority Hooper, R. - - - - Kiezebrink, D. - 102.00 - 102.00 Ross, A. - 459.00 - 459.00 Smith, T. - 74.00 - 74.00 - 635.00 - 635.00 Lake Simcoe Region Conservation Authority Barton, D. 1,000.00 - - 1,000.00 Drew, R. 1,100.00 - - 1,100.00 Pettingill, C. 900.00 - - 900.00 3,000.00 - - 3,000.00 Toronto & Region Conservation Authority Ashe, K. 1,039.44 - - 1,039.44 Dies, J. 1,645.78 - - 1,645.78 Highet, G. 1,819.02 - - 1,819.02 4,504.24 - - 4,504.24 54Page 184 SCHEDULE 3 (continued) REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2021 REMUNERATION AND EXPENSES CONFERENCES, CONVENTIONS, REGIONAL COUNCIL MEETINGS & APPOINTEES REMUNERATION MILEAGE OTHER TOTAL $$$$ Durham Agricultural Advisory Committee Barrie, T. - - - - Bath-Hadden, D. - - - - Cohoon, Z. - - - - Guthrie, N. - - - - Highet, G. - - - - Howsam, B. - - - - Kemp, K. - - - - Kennedy, K. - - - - MacArthur, P. - - - - Neal, Joe - - - - O'Connor, G.L. - 112.57 - 112.57 Puterbough, F. - - - - Risebrough, D. - - - - Schillings, H. - 62.30 - 62.30 Smith, B. - - - - Taylor, G. - - - - Watpool, T. - - - - Winter, B. D.- - - - - 174.87 - 174.87 Durham Region Non-Profit Housing Corporation Carter, D. 6,000.00 - - 6,000.00 Chapman, R. - - - - Dies, J. - - - - Foster, A. - - - - Henry, J. - - - - Mitchell, D. - - - - Ryan, D. - - - - 6,000.00 - - 6,000.00 Durham Region Police Services Board Ashe, K. 6,191.02 - 239.67 6,430.69 Drew, R. 10,768.00 129.80 1,003.58 11,901.38 Fisher, K. 11,908.75 50.74 444.23 12,403.72 Henry, J. 5,979.48 - - 5,979.48 34,847.25 180.54 1,687.48 36,715.27 55Page 185 SCHEDULE 3 (continued) REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2021 REMUNERATION AND EXPENSES CONFERENCES, CONVENTIONS, REGIONAL COUNCIL MEETINGS & APPOINTEES REMUNERATION MILEAGE OTHER TOTAL $$$$ Land Division Committee Arnott, A. 2,721.55 - - 2,721.55 Bavington, K. 3,279.00 - - 3,279.00 Camposeo, A. 2,721.55 333.70 - 3,055.25 Georgieff, A. 4,059.70 104.80 - 4,164.50 Hudson, E. 2,721.55 159.94 - 2,881.49 Molinari, C. 2,721.55 - - 2,721.55 O'Connor, G.L. 2,623.69 - - 2,623.69 Smith, D. 2,512.20 - - 2,512.20 23,360.79 598.44 - 23,959.23 NOTE TO SCHEDULE OF REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 1. No remuneration or expenses were paid to Regional Council Appointees to the: - 911 Management Board - Accessibility Advisory Committee - Association of Local Public Health Agencies - Association of Municipalities of Ontario - Business Advisory Centre Durham - Canadian National Exhibition Association - CTC Source Protection Committee - Development Charges Complaint Committee - Durham Active Transportation Committee - Durham Advisory Committee on Homelessness - Durham Environmental Advisory Committee - Durham Nuclear Health Committee - Durham Region Anti-Racism Taskforce - Durham Region Child and Youth Advocate - Durham Region Community Safety and Well-Being Plan Steering Committee - Durham Region Roundtable on Climate Change - Durham Region Transit Commission - Durham Regional Local Housing Corporation - Durham Vision Zero Task Force - Golden Horseshoe Food & Farming Alliance - Greater Toronto Airports Authority - Local Diversity and Immigration Partnership Council - Royal Agricultural Winter Fair Association - South Georgian Bay-Lake Simcoe Source Protection Committee - Strategic Plan Development Task Force - Toronto Global - Transit Advisory Committee - Trent Conservation Coalition Source Protection Committee 56Page 186