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HomeMy WebLinkAbout09-11-2023 General Government Committee Agenda Date:September 11, 2023 Time:9:30 a.m. Location:Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Inquiries and 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 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 3:30 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 Presentation by Linda J. Laliberte, CPA, CGA, CAO/Secretary Treasurer, Ganaraska Region Conservation Authority, Regarding an Overview of the Legislative Changes in the Conservation Authorities Act 5.2 Presentation by Peter Moreira, Chief of Police, Vidal Chavannes, Director, and Dr. Amanda Couture-Carron, Senior Strategic Planner, Durham Regional Police Service, Regarding Durham Regional Police Service Strategic Plan 2024 5.3 Delegation by Yuri Castillo and Allison Schizkoske, The Salvation Army, regarding The Salvation Army in Bowmanville 6.Consent Agenda 6.1 Communications 6.2 Staff Reports and Staff Memos 6.2.1 LGS-024-23 Strong Mayors Legislation – Impact on Clarington 4 6.2.2 FSD-031-23 Appointment of Deputy Treasurer 23 6.2.3 FSD-032-23 Tax Write-Offs under Section 354(2)(a), 354(4)(b) and 353(3) of the Municipal Act, 2001 27 6.2.4 FSD-033-23 2023 DMIP Insurance Renewal 35 6.2.5 FSD-034-23 Fire Apparatus Procurement 40 6.2.6 PWD-006-23 Orono Parking Study Update 43 General Government Committee September 11, 2023 Page 2 6.2.7 PWD-007-23 School and Community Safety Zone Traffic Speeds 49 6.2.8 PWD-008-23 Traffic Speeds and Pedestrian Crossings on Scugog Street 93 6.2.9 PWD-010-23 Staffing Requirements for New Municipal Sidewalk Snow Clearing Program 98 6.2.10 CAO-018-23 Municipal Law Enforcement Service Delivery Review 107 7.Items for Separate Discussion 7.1 PWD-009-23 Bowmanville Dog Park Solar Lighting Update 205 8.Unfinished Business 9.New Business 9.1 Durham Region Hospice Grant - Mayor Foster 210 10.Confidential Items 11.Adjournment General Government Committee September 11, 2023 Page 3 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: LGS-024-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Number: Resolution#: Report Subject: Strong Mayors Legislation – Impact on Clarington Recommendation: 1. That Report LGS-024-23, and any related delegations or communication items, be received; 2. That Staff bring forward updates to the Council-Staff Relations Policy E12, as it relates to the strong mayors powers, during a fuller review of the policy; and 3. That Staff bring forward the Procedural By-law amendments noted in Section 14 of this report, directly to a future Council meeting. Page 4 Municipality of Clarington Page 2 Report LGS-024-23 Report Overview This report is intended to provide background and implications of the extension of strong mayor powers to additional municipalities, including the Municipality of Clarington. 1. Background Bill 3, Strong Mayors, Building Homes Act, 2022 1.1 On June 16, 2023, the Government of Ontario announced that changes were being made to Bill 3, including Regulation 530/22, to expand the strong mayor powers beyond the Cities of Ottawa and Toronto, to 26 other municipalities (with a population over 100,000 and signed on to the provincial housing pledge), including the Municipality of Clarington. 1.2 These changes became effective July 1, 2023. 1.3 The Mayor may exercise certain powers if it could potentially advance a prescribed provincial priority which are: 1.Building 1.5 million new residential units by December 31, 2031 . 2.Constructing and maintaining infrastructure to support housing, including: i. transit, ii. roads, iii. utilities, and iv. servicing. 1.4 Bill 3 adds a new Part VI.1, “Special Powers and Duties of the Head of Council” to the Municipal Act, and some changes to the Municipal Conflict of Interest Act. 1.5 On August 21, 2023, the Province announced that, effective October 31, 2023, 21 1 more municipalities (with populations greater than 50,000 by 2031 and whose heads of 1 Complete list of municipalities with strong mayors powers can be found in the Province’s Backgrounder, “Ontario Providing New Tools to Municipalities to Build More Homes Sooner”, dated August 21, 2023. Available at https://news.ontario.ca/en/backgrounder/1003396/ontario- providing-new-tools-to-municipalities-to-build-more-homes-sooner Page 5 Municipality of Clarington Page 3 Report LGS-024-23 council are committed to a provincially assigned housing target) would have expanded strong mayor powers. Bill 39 – Better Municipal Government Act, 2022 1.6 Among other matters, this Act authorizes the Mayor to introduce certain by-laws that would require more than one-third of the members of Council to pass, rather than a majority. 2. Strong Mayor Powers and Duties - General 2.1 Strong mayor powers and duties include:  Proposing and adopting the municipality’s annual budget subject to Council amendments, a Mayoral veto, and a Council override process.  Ability to veto certain by-laws passed by Council.  Power to hire, dismiss, or exercise any other prescribed employment powers of various senior managers, including the CAO and various heads of any part of the organizational structure. NOTE: As of the writing of this report, there are no other “prescribed employment powers”.  Power to determine the organizational structure of the municipality.  Power to establish or dissolve prescribed committees. o Prescribed committees consist solely of members of council.  Power to appoint chairs and vice-chairs of prescribed committees and local boards.  Ability to require Council to consider a matter at a meeting.  Ability to require Council to consider and vote on a by-law at a meeting.  Authority to direct employees to undertake research and provide advice to the Mayo r and the municipality, in certain circumstances, and to carry out duties to implement those decisions. 2.2 Council may override the mayor’s veto of by-laws or budget amendments with a two- thirds majority vote and the Mayor is permitted to vote. 2.3 The Acting or Deputy Mayor does not inherit the Special Powers and Duties under Part VI.1. 2.4 Any decision made, or power exercised, by the Mayor cannot be quashed or judicially reviewed for unreasonableness if made legally and in good faith. 2.5 See Attachment 1, Powers and Duties of the Mayor: A Summary. Page 6 Municipality of Clarington Page 4 Report LGS-024-23 3. Delegation of Authority 3.1 The Mayor may delegate the following powers and duties: Power / Duty May delegate to: Chief Administrative Officer (CAO) Council Organizational Structure Council or CAO Local Boards Not yet prescribed Committees Council 3.2 Implication – See the “Chief Administrative Officer”, “Organizational Structure”, and “Boards and Committees” sections below. 4. Mayoral Decisions and Mayoral Directives 4.1 Mayoral Decisions are records of decisions made by the Mayor regarding governance and policy. 4.2 Mayoral Directives are records of directions made by the Mayor and given to Staff to do research and preparation on an item under Section 284.3 of the Act. 4.3 Mayoral Decisions and Mayoral Directives can be revoked and replaced by other decisions/directives. 4.4 When exercising a power or performing a duty under Part VI.1, the Mayor is required to do so in writing and provide a written record to each member of council and to the Clerk. The records are also required to be made available to the public, subject to the Municipal Freedom of Information and Protection of Privacy Act. How the records are made available to the public is not further described; however, other jurisdictions have created an online repository on their website. 4.5 For context, the following is a summary of the types of Mayoral Decisions that has taken place in the City of Toronto and the City of Ottawa as of July 19, 2023: Municipality Approve By-laws Establish Committee/Chairs Organizational structure and Employees Delegation Budget Toronto (19) 9 2 5 2 1 Ottawa (23) 18 0 0 4 1 Page 7 Municipality of Clarington Page 5 Report LGS-024-23 4.6 Implications – The Mayor has chosen to routinely disclose the records and a municipal webpage has been created for the “Strong Mayors related documents”. This will allow members of the public to subscribe to the page for updates, which will be “pushed out” to subscribers as each directive and decision is added. Mayoral Decisions and Mayoral Directives have been created in their own template, with a numbering scheme. The Mayor will forward the documents to the Municipal Clerk’s office for numbering and adding to the website. This recognizes it as an official document and avoids the use of informal forms of communication such as emails. This approach will also be used as the authority for repealing or amending by-laws, or for court proceedings, and will be easier to access for the general public. 5. Veto Power – By-laws 5.1 The Mayor’s veto powers apply to the following types of by-laws: a) the Municipal Act, and the regulations, other than under any prescribed section; b) the Planning Act and its regulations, other than any prescribed section; and c) any other prescribed Act or regulation or prescribed section of an Act or regulation. Ontario Regulation 530/22, section 5(2) includes by-laws under section 2 of the Development Charges Act, 1997. 5.2 This will apply to “Director-approved by-laws” as well, since it is a delegated Council authority, it is considered a “Council by-law”. 5.3 The following is illustrated in Attachment 2, Strong Mayors “Veto Scenario”. 5.4 If the Mayor is of the opinion that all, or part, of a by-law could potentially interfere with a prescribed provincial priority, the Mayor may veto the by-law by providing to the Clerk, on the day of the veto, a written veto document that includes the reasons for the veto. 5.5 The Mayor is required to provide the intent to veto a by-law on, or before, two days after the day Council voted in favour of the by-law. If the Mayor has provided intent to veto, the Mayor then has 14 days from the day Council voted in favour of the by-law to veto it. The Mayor may also approve the by-law in writing within these timeframes or allow the time to lapse which would result in the by-law being passed. 5.6 The Mayor can veto the by-law in the same meeting that it was passed, provided the veto is in writing. 5.7 The Municipal Clerk is required to provide the veto document to the Members of Council by the next business day after it is received and make the written veto document available to the public. Page 8 Municipality of Clarington Page 6 Report LGS-024-23 5.8 If the Mayor vetoes a by-law, it will be noted on the agenda and minutes when the minutes of the meeting are brought forward for adoption. 5.9 Within 21 days of receiving the veto, Council can override the veto with a 2/3 vote and the Mayor may vote on the override. A Special Council meeting would need to be called for Council to decide on the override. The Procedural By-law provides that a special meeting may be called by the Mayor or a majority of the Members. 5.10 A by-law is deemed passed: a) If notice is given by the Mayor of their intent to veto the by-law, the earlier of, o the day written approval from the Mayor is given, and o 14 days after Council voted in favour of the by-law. OR b) If notice is not given, the earlier of, o the day written approval of the by-law is given by the Mayor, and o two days after the Council voted in favour of the by-law. Implications – Staff will add an annotation to the by-laws indicating when Council voted in favour of the by-law and when written approval/veto was given by the Mayor (including the Mayoral Decision number). The Mayor also has veto powers related to the budget. For more information see the budget section below. Page 9 Municipality of Clarington Page 7 Report LGS-024-23 6. Chief Administrative Officer 6.1 The Mayor has been assigned the powers of the municipality under section 229, which are to appoint a chief administrative officer. The Mayor may delegate this power only to Council. 6.2 Implication – The Mayor has decided to retain the authority to appoint a CAO. 7. Organizational Structure 7.1 The Mayor has been given the power to determine the organizational structure including hiring, dismissing, or other prescribed employment powers regarding the “head of any division or the head of any other part of the organizational structure”. There are exemptions for specific statutory officers. See Attachment 3 for the list of exemptions. However, the organizational structure remains the same unless the Mayor makes a change. 7.2 Implication – The Mayor has delegated this authority back to the CAO, including the CAO’s ability to sub-delegate. 8. Direction to Staff 8.1 The Mayor has been given the authority to direct staff to:  undertake research and provide advice to the Mayor and the municipality on policies and programs of the municipality or of the Mayor as they relate to the powers and duties under Part VI.1 – Special Powers and Duties of the Head of Council; and  carry out duties related to the exercise of the power or performa nce of the duty, including implementing any decisions made by the Mayor under Part VI.1. 8.2 Examples include working on the budget, changing the organizational structure, etc. The direction must be provided in writing and must be available to the public. Any direction to staff must be provided to the Clerk and Chief Administrative Officer by the next business day. 8.3 Implication – Similar to the Mayoral Decisions, the Mayoral Directions will be added to an online repository. Page 10 Municipality of Clarington Page 8 Report LGS-024-23 9. Boards and Committees 9.1 The Mayor has the authority to establish and dissolve prescribed committees, assign them functions and appoint the chairs and vice-chairs of prescribed local boards and committees. Currently, prescribed committees are those that consist solely of Members of Council. Council retains the power to establish committees composed of at least one non-Councillor (i.e. an advisory committee). 9.2 The power to appoint chairs and vice chairs of local boards depends on the regulations and no regulations have been made – therefore the power remains dormant. 9.3 Implication – This impacts only the General Government Committee and, the Planning and Development Committee. The Mayor has chosen to maintain the status quo as it relates to these Committees. 10. Considering Matters and By-laws at Meetings 10.1 The Mayor may require Council to consider a matter that could advance a prescribed provincial priority. This means that the Mayor can bypass the Procedural By-law regarding notice requirements, agenda deadlines, and reopening rules. Once the matter is before Council, Council may do with it, whatever they feel is appropriate and within their power. 10.2 The Mayor may propose By-laws under the Municipal Act, the Planning Act, and any other prescribed Act or regulation or prescribed section of an Act or re gulation and require Council to consider and vote on the proposed by-law at a meeting. The Mayor is required to provide the Clerk and every Member of Council with a copy of the by-law and the reasons for the proposal, which will be provided by a Mayoral Decision. This type of by-law is passed if more than one third of the Members of council vote in favour. 10.3 As the Mayor can require Council to consider and vote on a by-law and requires only one-third of the Members of Council to pass the by-law, Council do not have the option to amend the by-law. However, the Mayor could retract the by-law, amend it, and re- introduce the by-law as there are no timelines expressed in the legislation. The Mayor would have to provide a copy of the by-law and the reasons for the proposal to the Clerk and each Member of Council. 10.4 Staff believe that the new provisions do not relieve the Mayor from following the notice, open house, and hearing provisions of the Planning Act. Page 11 Municipality of Clarington Page 9 Report LGS-024-23 10.5 If the Mayor intends to exercise the power to introduce a matter or by-law, Staff recommend that the Mayor issue a Mayoral Directive first, directing Staff to do the required research on the by-law or matter, and then, once complete, issue a Mayoral Decision to propose it to Council. This will allow thorough research to be conducted and will assist the Mayor in drafting any proposed matters or by-laws. 10.6 Implication – Staff have developed Mayoral Decision templates for the use of the Mayor for both bringing forward a matter and a by-law. Staff will also develop wording to identify matters and by-laws on an agenda brought forward by the Mayor, which may result in making changes to the Procedural By-law. 11. Budget Preparation of the Budget 11.1 The powers and duties of the municipality, with respect to proposing, and adopting a budget are assigned to the Mayor. 11.2 The Mayor cannot delegate the duty to prepare the budget. The budget must be provided, by the Mayor, prior to February 1st each year. Failing that, Council is responsible for preparing and adopting a budget. Council retains the powers to pass the user fee by-law. 11.3 If the Mayor is prohibited, by the Municipal Conflict of Interest Act, from using the power and exercising the duty under section 284.16(2) regarding the preparation of the budget, Council may pass a resolution to amend the budget and the Mayor may not veto the resolution. 11.4 Attachment 4 illustrates the following steps in a “budget scenario”. 11.5 After receiving the proposed budget from the Mayor, Council may, within 30 days, pass a resolution making an amendment to the proposed budget. 11.6 If Council makes an amendment the Mayor may veto the resolution within 10 days of the end of the 30-day period. The Mayor is required to provide the veto to each member of Council and to the Clerk, including the reasons for the veto. 11.7 Council may override the Mayor’s veto, with a two-thirds majority vote, within 15 days of the expiry of the veto period. The Mayor may vote on the override. 11.8 The Mayor or the Council may shorten the time periods noted above. 11.9 After the expiry of the time period for council to override the Mayor’s veto, the proposed budget is deemed to be adopted by the municipality and does not require a vote of Council. Page 12 Municipality of Clarington Page 10 Report LGS-024-23 11.10 Implication – Staff have prepared templates for Mayoral Decisions for a veto of a Council resolution amending the proposed budget. 11.11 The following is an example of the planned budget timing in Clarington, using the 2024 budget schedule, which would meet the required timeframes:  November 13 – Budget distributed to Members of Council, as a pre-release.  November 22 – Publication (in the form of the budget for the November 27th meeting) of the budget to each member of Council, the Clerk and the public, which meets the requirements for the Mayor to propose the budget. The 30- day time limit for Council to propose amendments to the budget begins. Council may shorten the 30-day time limit.  November 24 – Budget Presentations by Agencies and Deputy CAO/Treasurer (Special General Government Committee meeting).  November 27 – Presentation of the budget by the Mayor at the Special Council meeting. Council may make amendments to the budget.  December 18 – last Council meeting of the year – Council can make amendments to the budget if the time limit has not been shortened on November 27.  December 22 – 30-day deadline for Council to make amendments to the budget if the deadline has not been shortened by Council. If Council did not make any amendments to the budget, it shall be deemed to be adopte d by the municipality the following day (December 23). This would be the first possible day the budget could be deemed adopted.  January 2 (January 1 being a holiday, the Legislation Act requires the deadline to be extended to the next day that is not a hol iday) – if Council made amendments to the budget prior to December 22, this is the 10-day deadline (after the 30-day period) for the Mayor to veto any amendment(s). The Mayor may shorten the 10-day time limit. If the Mayor does not veto the amendment(s), the proposed budget shall be deemed to be adopted by the municipality the following day (January 3). This would be the second possible day the budget could be deemed adopted.  January 17 – 15-day deadline for Council to override the Mayor’s veto by a two-thirds vote of the members of Council (5 of the 7 members) if the deadline has not been shortened by Council. The Mayor may vote on the Council override of the veto. Page 13 Municipality of Clarington Page 11 Report LGS-024-23  January 18 – If all of the actions described above have been utilized (Council amendments, Mayor veto, Council override) without any of the time limits being shortened, the budget is deemed to be adopted by the municipality on this date (after the expiry of the time period for Council to override the Mayor’s veto). In-Year Budget Amendments – Requiring an Additional Levy 11.12 For the purpose of raising an additional levy (i.e. general local municipality levy or a special local municipality levy), the Mayor may prepare an in-year budget amendment, by providing the proposed budget amendment to the Members of Council, the Municipal Clerk, and the public. 11.13 Within 21 days after receiving the proposed budget amendment, Council may pass a resolution to amend the proposed budget amendment. In the absence of a resolution, the budget amendment is deemed adopted after 21 days. Council may also pass a resolution to shorten the 21-day period, which would result in the budget being deemed to have been adopted at that time. 11.14 If Council amended the budget, within five days after the 21-day time period for Council to make an amendment, the Mayor may veto the amendment made by Council by providing each member of Council and the Clerk the written veto document and the reasons for the veto. The Mayor may also shorten this five-day limit. If the Mayor does not veto the amendment, it is deemed to be adopted by the municipality. 11.15 If the Mayor vetoes the amendment, Council may override the Mayor’s veto by a vote of two-thirds of the Members of Council, within ten days after the five-day time period for the Mayor to veto the amendment. Council may shorten this time limit. The Mayor may vote on the Council override of the veto and may also shorten the 10 -day time limit. 11.16 After the expiry of the time period for Council to override t he Mayor’s veto, the proposed budget amendment is deemed to be adopted by the municipality. Budget Policy 11.17 The Deputy CAO/Treasurer is reviewing the Budget Policy which will need to be updated to reflect the Strong Mayor Powers. 11.18 Implications - The Deputy CAO/Treasurer will be bringing the recommended changes to the October General Government Committee meeting. Page 14 Municipality of Clarington Page 12 Report LGS-024-23 12. Vacancy of the Mayor 12.1 Amendments were made to eliminate the option of appointing a Mayor on or before March 31 of an election year, if the Mayor’s office becomes vacant, and instead a by- election would be required. 12.2 If the vacancy of the Mayor occurs after March 31 in an election year, the municipality shall fill the vacancy by appointing a person who has consented to accept the office if appointed. In this case, the municipality is deemed not to be prescribed for the purposes of Part VI.1 of the Act for the remainder of the term of the appointed Mayor. Therefore, the appointed Mayor cannot exercise the strong mayor powers as they do not apply to the Municipality during that period of time, and those powers are exercised by Council. 13. Municipal Conflict of Interest Act (MCIA) 13.1 The MCIA is amended by adding section 5.3, which is specific to the Mayor and their powers under Part VI.1 of the Municipal Act. 13.2 If the Mayor has any pecuniary interest and has a power or duty under Part VI.1 (except the power to delegate in section 284.13), the Mayor shall disclose the interest in the matter by filing a written statement, including its general nature with the Clerk; shall not use the power or exercise the duty; and shall not use their office in any way to attempt to influence any decision or recommendation of the municipality. 13.3 The requirements within Section 5.3 of the MCIA do not include the power to delegate in subsection 284.13 of the Municipal Act. This allows the Mayor to delegate those powers if they have a pecuniary interest. It does not allow the Mayor to use the powers, just to delegate them. 13.4 The Mayor is also prohibited from using any power or exercising any du ty related to the budget if they have a pecuniary interest. For more information see the budget section above. 13.5 Implication – Any declarations from the Strong Mayor powers will be included in the existing online declaration of interest registry. Page 15 Municipality of Clarington Page 13 Report LGS-024-23 14. Procedural By-law 14.1 A Procedural By-law amendment will be proposed to clarify the Mayor’s power to introduce a matter that could potentially affect a prescribed provincial priority and require Council to consider the matter, regardless of the Procedural By-law. 14.2 Although Bill 3 provides provisions for council to override a Mayoral veto, there is no guidance on how Council does so, i.e., how does one or more Members of Council put forward a motion before Council within the prescribed timeframe. 14.3 To handle this situation, Staff are proposing a draft procedural by-law amendment whereby if there is a Council meeting (not a Standing Committee) scheduled within the timeframe, a Councillor can put the proposed override resolution on the agenda for consideration. 14.4 If there is no meeting scheduled within the timeframe, and the Mayor is not willing to call a Special Council meeting, the procedural by-law provisions for the calling of a special meeting by a majority of members prevails. 14.5 Additionally, the above-noted (Section 10) change related to “matters and by-laws proposed by the Mayor”. 15. Delegation of Authority By-law 15.1 There are two areas that affect the delegation of authority by-law: the Mayor’s ability to delegate some of the strong mayors powers, and the mayoral directives. 15.2 Implications - Staff are currently reviewing the delegation of authorities within Clarington and will be bringing forth the comprehensive review in coming months. Staff will include the above notes regarding delegations, but specific mayoral delegations will not be itemized (they will remain with all the mayoral decisions on the website). 16. Purchasing By-law 16.1 The Deputy CAO/Treasurer is reviewing the Purchasing By-law, as part of a regular review. The implications of the Strong Mayors powers will be considered and may include minor grammatical changes to reflect budget responsibilities. 17. Council Code of Conduct 17.1 The Council Code of Conduct was already under review by Staff and the Integrity Commissioner, in conjunction with Durham Area municipalities. If there are any changes required, as a result of the Strong Mayors powers, they will be incorporated in the review and presented at a later date. Page 16 Municipality of Clarington Page 14 Report LGS-024-23 18. Council-Staff Relations Policy 18.1 The requirement within the Council-Staff Relations Policy (Policy E12) that every Member of Council acknowledges that Staff operate in accordance with the decisions of Council and not any individual Member, no longer applies to the Mayor, who can now direct Staff. 18.2 Implications - Staff are recommending that the Council-Staff Relations Policy (Policy E12), approved by Council on February 25, 2019, be amended to add the change to reflect the strong mayors powers. This policy is slated for a review to be converted to the new format, etc. and this change will be noted at that time. 19. Other Matters to be Determined 19.1 It has yet to be determined whether any of the Strong Mayor Powers are affected by the “Restricted Acts After Nomination Day” (lame duck) provisions within the Municipal Act. 19.2 If the office of the Mayor becomes vacant after exercising any veto power, but before the statutory process is complete, it has not been determined whether the veto still applies. 20. Financial Considerations 20.1 There are no direct financial considerations from the adoption of the Strong Mayor Powers. The considerations are mainly procedural in nature. 20.2 Financial considerations would be dependent on the degree to which, if any, the Mayor’s directives vary from Council’s and cannot be quantified at this time.. 21. Concurrence This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendation. Page 17 Municipality of Clarington Page 15 Report LGS-024-23 22. Conclusion It is respectfully recommended that Council receive this report for information and consider the changes to policy and the Procedural By-law when Staff bring them back. Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 email = jgallagher@clarington.net and John Paul Newman, Deputy Clerk, 905-623-3379 ext. 2103, email = jnewman@clarington.net. Attachments: Attachment 1 – Summary of the Powers and Duties of the Mayor Attachment 2 – Strong Mayors “Veto Scenario” Attachment 3 – List of Exempted Positions Attachment 4 – Strong Mayors “Budget Scenario” Interested Parties: There are no interested parties to be notified of Council's decision. Page 18 Special Powers and Duties of the Mayor under Part VI.1 of the Municipal Act Powers to Advance Prescribed Provincial Priorities: Bring to Council matters that advance the prescribed provincial priorities. Bring to Council, and require Council to consider and vote on, Municipal Act, Development Charges, and Planning Act by-laws that advance the prescribed provincial priorities and pass if more than one-third of Members vote in favour. Power does not apply to the Procedural By-law. Veto (within 2 days of passing) Municipal Act, Development Charges, and Planning Act by-laws that interfere with prescribed provincial priorities. (Council can override by 2/3 vote) Powers cannot be delegated. Powers re Administrative and Political Structure of the Municipality: Appoint and dismiss CAO. Hire and dismiss division heads (excluding prescribed list). Determine the organizational structure. Establish prescribed committees and assign their functions. Appoint chairs and vice chairs of prescribed committees. Powers can be delegated. Duty to Prepare the Annual Budgets: Duty to prepare the budget and present it to Council before February 1. Duty reverts to Council if the Mayor fails to present a budget by February 1. Power to veto amendments made by Council (subject to Council override by 2/3 vote). Budget is “deemed to be adopted” based on timeframes, not “approved by Council”. Duty to present in-year budget amendments only if a supplementary levy is required. Duty cannot be delegated, only forfeited. Supporting Provisions Mayor is required to exercise these powers in writing and give notice to the Clerk. Mayor may give direction to staff and it must be in writing and, by next business day, give notice to the Clerk and CAO. Mayor must declare an interest under Municipal Conflict of Interest Act when exercising these powers outside of a meeting context. Municipality must maintain a public registry of declared interests. In case of vacancy, powers transfer to a newly elected Mayor, but not to an appointed or Deputy Mayor. Prescribed Provincial Priorities Building 1.5 million new residential units by December 31, 2031. Constructing and maintaining infrastructure to support housing, including, transit, roads, utilities, and servicing. Page 19 Strong Mayors Powers – Veto Scenario By-law deemed passed Within 21 days after receipt, Council votes to override Mayor’s veto (with 2/3 majority)? [Mayor can vote] Yes No By-law is not passed. No Council passes by-law or Director approves by-law 14 days lapsed (after passage/ approval? Lapsed Not lapsed Within 2 days?Yes Direct Veto Written Notice of intention to consider veto Mayor vetoes by- law and provides to Clerk, on day of veto Clerk provides veto to Members of Council & public, by next business day Direct Approval Mayor’s approval of by-law Approval or Veto?Veto Approval Deemed on 3rd Day Deemed on 15th Day Deemed on same day Deemed on same day Page 20 List of Exempted Positions 1.The Clerk or Deputy Clerk. 2.A Treasurer or Deputy Treasurer. 3.An Integrity Commissioner. 4.An Ombudsman. 5.An Auditor General. 6.A registrar, as described in section 223.11. 7.A chief building official, as defined in the Building Code Act, 1992. 8.A chief of police, as defined in the Police Services Act. 9.A fire chief, as defined in the Fire Protection and Prevention Act, 1997. 10.A medical officer of health, as defined in the Health Protection and Promotion Act. 11.Other officers or heads of divisions required to be appointed under this or any other Act. 12.Any other prescribed persons. Page 21 Strong Mayors Powers – Budget Scenario Before February 1st? Before After Does Council want to amend the budget? [Mayor can vote] Budget deemed adopted after 30 days or Council shortens the 30 days No Yes Amendments approved by Council? Mayor veto’s Council Amendments? Yes Budget deemed adopted, as amended, after 10 days or Mayor shortens the 10 days No Council overrides Mayor’s Veto? [Mayor can vote] Yes Budget deemed adopted after 15 days or Council shortens the 15 days No – did not obtain 2/3 vote Budget deemed adopted, as amended, after 15 days or Council shortens the 15 days Yes - Obtained 2/3 vote Mayor Proposes Budget Council is responsible for preparing and adopting budget No Within 30 days Within 10 days after 30-day time period (unless shortened) Within 15 days after 10-day time period (unless shortened) Page 22 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Report Number: FSD-031-23 Date of Meeting: September 11, 2023 By-law Number: Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: Report Subject: Appointment of Deputy Treasurer Recommendation(s): 1. That Report FSD-031-23, be received; 2. That the By-law attached to Report FSD-031-23, appointing Paul Davidson as Deputy Treasurer, be approved; and 3. That all interested parties listed in Report FSD-031-23, and any delegations be advised of Council’s decision. Page 23 Municipality of Clarington Page 2 Report FSD-031-23 Report Overview To provide background and seek Council approval of housekeeping by-laws regarding the appointment of Municipal Officers. 1. Background 1.1 According to the Municipal Act, 2001, Council may appoint one or more deputy treasurers “who shall have all the powers and duties of the treasurer under {the Municipal Act, 2001] and any other Act” (ss.286(2)). 1.2 On July 7, 2020, Council passed By-law 2020-047 to appoint Michelle Pick as the Deputy Treasurer and to appoint her as the alternate Clarington member on the Durham Municipal Insurance Pool (DMIP) board. 1.3 As the position of Treasurer is a statutory officer it is recommended that there should be at least one deputy treasurer appointed who would be able to fulfill the role of the Treasurer in their absence (vacation, illness, work-related absence). 2. Discussion 2.1 Michelle Pick, CPA, CGA is the current Accounting Services Manager/Deputy Treasurer. She has been the manager since February 2019 and has fulfilled the joint role since March 2019 (officially since July 2020). 2.2 In the first quarter of 2023, the structure of the department was revisited. Given the expected growth and regulatory focus on future financial planning (asset management plans, development charges, community benefits charges) it was felt that a focus on financial planning was needed. The position of Manager of Financial Planning/Deputy Treasurer was created. 2.3 Initially, the deputy treasurer was not included in the job evaluation; however, as the job responsibilities were evaluated equal to the Accounting Services Manager/Deputy Treasurer it was felt that appointing this position as a depu ty treasurer would be beneficial (at no additional cost). The title of a deputy treasurer would assist in recruitment, provides additional signing ability in cases where both the Treasurer and Accounting Services Manager/Deputy Treasurer were away and was an additional source of succession planning for the Treasurer position. Page 24 Municipality of Clarington Page 3 Report FSD-031-23 2.4 It is recommended that Council approves the appointment of Paul Davidson as a deputy treasurer to fulfill the statutory roles and responsibilities of the Treasurer in my absence to ensure that the Municipality is able to meet its statutory responsibilities. The additional appointment to the DMIP board is not necessary. 3. Financial Considerations Not Applicable. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that the draft by-law to appoint Paul Davidson as a deputy treasurer be approved. Staff Contact: Trevor Pinn, Deputy CAO/Treasurer, 905-623-3379 x2602 or tpinn@clarington.net. Attachments: Attachment 1 – Draft By-law Interested Parties: There are no interested parties to be notified of Council's decision. Page 25 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2023-xxx Being a by-law to appoint a deputy treasurer. Whereas subsection 286 (2) of the Municipal Act, 2001 grants the Municipality authority to appoint a deputy treasurer who shall have all the powers and duties of the treasurer under the Municipal Act, 2001 and any other act; Now therefore, the Council of the Municipality of Clarington enacts as follows: 1. That Paul Davidson be appointed as a deputy treasurer for the Corporation of the Municipality of Clarington. 2. That this by-law shall come into force and effect on the date of passing. Passed in Open Council this ___ day of September, 2023. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Page 26 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: FSD-032-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Tax Write-Offs under Section 354(2)(a), 354(4)(b) and 353(3) of the Municipal Act, 2001 Recommendations: 1. That Report FSD-032-23, and any related delegations or communication items, be received; and 2. That the Deputy CAO/Treasurer be authorized, under Section 354(2)(a), 354(4)(b) and Section 353(3) of the Municipal Act, 2001 to write-off taxes as uncollectible and charge back the proportionate amounts to the Region of Durham and the Province of Ontario. Page 27 Municipality of Clarington Page 2 Report FSD-032-23 Report Overview A review has been completed on four properties within the Municipality of Clarington with outstanding taxes. It has been determined that completing a tax sale on these properties would not to be in the best interest of the Municipality. Due to the immaterial amounts outstanding, it is recommended to write-off the taxes and charge back the proportionate amounts to the Region of Durham and the Province of Ontario. 1. Background 1.1 Under Section 354(2)(a) of the Municipal Act, 2001, Council, on the recommendation of the Treasurer, may write off taxes as uncollectible in certain limited circumstances. 1.2 Section 354(4)(b) provides the authority for the Treasurer to write off taxes without conducting a tax sale if the recommendation of the Treasurer includes a written explanation of why conducting a tax sale would be ineffective or inappropriate. 1.3 Section 353(3) allows for the share of taxes written off to be charged back to the Region of Durham and the Province of Ontario using the same proportionate share used to calculate the revenue for taxes each year. 1.4 A tax sale for properties 1 and 2 on Attachment 1 would be ineffective due to the properties being private roads. The private roads are being used as the entranceway to private homes. Arrangements with the original developers are no longer feasible. Vesting these properties in the event of a failed tax sale could cause Clarington to become responsible for maintaining these roads, which would be an unbudgeted increased financial obligation, in comparison to the minor dollar value being written off. Maps of these properties are shown in attachments 2 and 3. 1.3 Due to the historical nature and intended service levels at that time, it is a more viable option to periodically write off accumulated taxes. 1.4 A tax sale for properties 3 and 4 on Attachment 1 would be ineffective due to the properties belonging to companies that are no longer in existence. These properties are being used as walkways, which are subject to rights-of-way to the adjacent property owners. Vesting these properties after a failed tax sale would cause Clarington to become responsible for maintaining these walkways which would be an unbudgeted financial obligation, in comparison to the minor dollar value being written off. Aerial maps of these properties are shown in attachments 4 and 5. Page 28 Municipality of Clarington Page 3 Report FSD-032-23 2. Financial Considerations 2.1 Clarington’s portion of the taxes and accumulated penalty charges result in a financial impact of $1,099.29. 3. Concurrence Not Applicable. 4. Conclusion It is respectfully recommended that Council approve the recommendation from the Deputy CAO/Treasurer to write-off taxes for the four subject properties and charge back the proportionate amounts to the Region of Durham and the Province of Ontario. Staff Contact: Jessica James, Manager of Taxation Services, 905-623-3379 x2609 or jjames@claraington.net. Attachments: Attachment 1 – Write Off Report 2023 Attachment 2 – Property #1 Location Map Attachment 3 – Property #2 Location Map Attachment 4 – Property #3 Location Map Attachment 5 – Property #4 Location Map Interested Parties: There are no interested parties to be notified of Council's decision. Page 29 Date Roll Penalty and Residential Years Number Arrears Notice Municipal Adjusted Reason for Request Fees Portion For 1 Sep-23 010.040.12510 163.62$ 230.44$ 2020-2023 Uncollectible Rundle Rd 2 Sep-23 020.130.20800 231.38$ 201.85$ 2020-2023 Uncollectible West Beach Rd 3 Sep-23 020.070.15105 33.69$ 42.36$ 2020-2023 Uncollectible Carlisle Ave 4 Sep-23 020.070.16405 86.80$ 109.15$ 2020-2023 Uncollectible Liberty Pl 515.49$ 583.80$ Clarington's portion being written off in this report September 2023 1,099.29$ Write-Off Report 2023 Page 30 Lot 23 Property Location Map (Darlington) Lands Eligible For Tax Sale 18-17-01 0-040-12510 Lot22 N C: 0 ·-en en w (.) C: 0 (.) Page 31 t--1.() ..- ..-1.0 I.() ..-..- Lot 11 132 130 221 126 122 215 209 --�- 205 co (0 r ..-..-..- COVE ROAD ..--N ..--0 N ..-- (J) I.() -.-.....-.--.- LAKE ONTARIO Property Location Map {Bowmanville) Lands Eligible For Tax Sale: 18-17-020-130-20800 - W e s t Beach (() ..- ..-..- st � :r: � UJ co UJ 3 Cf> I'-IJ) 0 0 0 ..... ..-r' v- .... z 0 LL z w � 0 co z 0 -en en w (.) z 0 (.) (I") C) ...- r Page 32 � � 8 75 73 57 f',.. ('I)N N I'-� 0 88 8 81 79 'I"" z0 (.)72 z0 (.)Subject Lands (walkway between 16 and 18 Carlisle) f',.. LO 61('I) N'q" 58 55 54 53 Property Location Map (Bowmanville) IV 1817-020-070-15105 Page 33 l'-­N ("') N 0 ("') N L------r--1 Subject Lands (walkway between 11 and 15 Liberty Pl) ("') LO N Property Location Map (Bowmanville) 1817-020-070-16405 88 84 58 8 8 81 79 z 0 75 � ---1W (.) 73� (.) 61 57 55 53 IV Page 34 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: FSD-033-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: 2023 DMIP Insurance Renewal Recommendations: 1. That Report FSD-033-23 and any related delegations or communication items, be received; 2. That the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with Intact Insurance for an integrated pooling arrangement that includes integrated insurance coverages and common self-retention deductible levels for the period July 1, 2023 to June 30, 2024, at a cost of $1,160,614 to the Municipality of Clarington be confirmed; 3. That the purchase of cyber liability coverage through CFC at a cost of $70,750 be confirmed; and 4. That all interested parties listed in Report FSD-033-23 and any delegations be advised of Council’s decision. Page 35 Municipality of Clarington Page 2 Report FSD-033-23 Report Overview 2021/2022 has been another successful year for the Durham Municipal Insurance Pool (DMIP) and the Municipality of Clarington has benefitted through a premium increase of 6.6 per cent (2022 – 9.3 percent increase). This report is primarily an update on the status of the DMIP and current initiatives being undertaken. 1. Background 1.1 The purpose of this report is to provide an update to the General Government Committee regarding the status of the Municipality’s insurance program through the Durham Municipal Insurance Pool (DMIP or the Pool). The DMIP is now entering its twenty-second year of successful operations. 1.2 Clarington is a founding member of the DMIP which was established to achieve financial savings by co-operatively purchasing insurance coverages with local and poo l level deductibles and by implementing common risk management practices. The Pool protects participating municipalities from increasing insurance premium costs through an alternative risk-financing program with a higher single deductible and collectively self-insuring claims within that deductible. 1.3 The DMIP was launched in July 2000 with the participation of the Town of Ajax, Town of Whitby, Municipality of Clarington, Township of Brock, Township of Scugog, Township of Uxbridge and the Region of Durham. The City of Oshawa joined the pool effective July 1, 2017. 1.4 Member municipalities are provided coverage in the areas of general liability, errors and omissions, auto liability and property insurance. The DMIP provides municipal specific resources such as loss prevention programs, claims handling, advice for boards and committees, site audits, review of contracts and training. 1.5 The Municipality’s insurance coverage renewed on July 1, 2022. At its meeting on November 25, 2019, GGC passed resolution #GG-547-19 which provided approval to remain in the DMIP for the 2020/21 renewal term and provided the Deputy CAO/Treasurer (at the time Director of Finance/Treasurer) the discretion to determine when a review of the Municipality’s insurance may next be conducted, such time not to exceed five years. 1.6 Given the current state of insurance in Ontario (as noted below), that being one with escalated prices or even the refusal of coverage, Staff do not feel that this is the right time to conduct a market review given we attempted two years ago, and the insurance market has hardened more since that time. Staff will continue to monitor the market to determine the appropriate time to conduct the next review. Page 36 Municipality of Clarington Page 3 Report FSD-033-23 2. 2023/2024 Insurance Coverage Renewal 2.1 Within the terms of the subscribers’ agreement, DMIP members agree to contribute sufficient funds to pay administration costs, expenses (including actuarial and audit), premiums and a claim funding amount that is supported by full actuarial projections and analyses. 2.2 DMIP members are also required to give a minimum six months’ notice of termination if they wish to leave the pool. To date no member of the pool has asked to leave while one of the two Durham municipalities that did not originally found the pool have asked to be admitted. 2.3 The DMIP has been able to position itself to minimize the impact of increases in insurance premiums paid to insurance companies related to property, casualty and liability coverages. 2.4 For 2023/2024, the DMIP negotiated with the insurer and has secured the broadest and most comprehensive coverage available to municipalities. The Municipality’s increase is 6.6 per cent, or $72,018 which is lower than the previous year’s increase of over nine per cent. 2.5 The allocation methodology was reviewed for 2023/2024. The DMIP reviews the allocation approximately every three years. The Municipality saw a decrease in its participation rate from 9.41 per cent to 9.33 per cent. 2.6 The Board of Directors of the Durham Municipal Insurance Pool has placed coverage with Intact Insurance (formerly Frank Cowan Company) for an integrated pooling arrangement. There has not been a change in the insurance coverage or services received by the DMIP. 2.7 For 2023/2024 the cyber insurance coverage will remain with CFC. The deductible has remained at $50,000, with the premium being $70,750 (2022 - $50,500). Overall, Staff feel that the value is fair for the Municipality and it provides protection against cyber risks. 3. Benefits of an Insurance Pool 3.1 The main components of the structure of the Durham Municipal Insurance Pool arrangements are summarized as follows:  Each municipality retains their respective current deductibles ranging from $5,000 to $100,000 (Clarington’s deductibles are primarily $25,000 (liability) and $5,000 (fleet);  The pool self-insures losses between these local deductibles and a per claim limit of $500,000 (on a group basis) for integrated coverages;  Under this structure, local municipalities are responsible for funding losses from $0 to their individual deductible amounts ($25,000 in the case of Clarington);  Between these local municipal deductibles and the pooled retention limit of $500,000, the eight (8) members share the cost on a collective basis; and Page 37 Municipality of Clarington Page 4 Report FSD-033-23  Excess of a $500,000 per claim loss, the members purchase insurance from municipal insurers for protection on a collective basis against catastrophic claim losses. 3.2 During its over 20 years of existence, this innovative risk financing venture continues to be a highly effective method by which the municipalities have enjoyed:  Broader insurance coverage;  Control over the costs of insurance claims below the $500,000 deductible;  Pro-active, comprehensive and coordinated risk management services to reduce property and liability exposures;  Increased investment income on the retained portion of the pre-funded claims loss reserve; and  Increased price stability. 3.3 As the DMIP is self-funded to a degree, there are opportunities for surpluses to be refunded to the Municipality. At the May 2019 DMIP Board meeting it was approved that from 2020 to 2028 the founding members (including Clarington) would receive an annual payment from the accumulated surplus in the pool. It is estimated, subject to annual review, that the Municipality will receive $91,100 per year. In keeping with past practice, this will be used to fund risk management initiatives (including safety audits, sign replacement, and other projects which lower the risk to the Municipality and residents). 3.4 The estimated rebate in 2023/2024 is $99,200 which is in excess of the insurance increase for the year. These funds will be placed into the reserve for future use in risk mitigation activities. These funds will be received in June 202 4. 3.5 At December 31, 2022, the balance in the Self-Insured Losses Reserve was approximately $480,300. These funds can be utilized for risk-mitigation activities throughout the Municipality. In the past, funds have been used to conduct risk audits, additional sidewalk repairs and other similar capital activities to reduce risk. These funds are primarily used to fund the Municipality’s deductible. In 2023, this reserve was used to fund the emergency repairs following a weather event at the Bowmanville Indoor Soccer Centre (the amount not covered by insurance). Insurance Market in Ontario 3.6 The past three years have seen a hardening of the insurance market in Ontario. This hardening is cyclical, and similar situation was the reason why the DMIP was created. 3.7 Municipalities are seeing premium increases that can be in excess of 50 per cent, with many municipalities seeing at least 10 per cent increases. 3.8 The hardening markets and increased premiums have resulted in several municipalities, as well as the Association of Municipalities of Ontario (AMO), look at developing their own insurance pools modeled after the two existing pools in the Region of Durham and the Region of Waterloo. Page 38 Municipality of Clarington Page 5 Report FSD-033-23 3.9 There continues to be advocacy from municipal associations for reform to the joint and several liability legislations that currently exist in Ontario. Staff at Clarington and at the DMIP continue to monitor this development. 4. Financial Considerations 4.1 Insurance continues to be a prudent way to mitigate financial risk to the Municipality. The DMIP provides a stable form of insurance and risk management advice to the Municipality. 4.2 The rebate expected to be received in 2024 is in excess of the premium increase for the year; the increase in premium is below what other municipalities are experiencing in these markets and would therefore indicate that changing insurance providers is not advised at this time. 4.3 Insurance and deductible budgets for 2024 will be adjusted to reflect the increased cost of insurance. 5. Concurrence Not Applicable. 6. Conclusion It is respectfully recommended that Council endorses the 2023/2024 fiscal year insurance program. Staff Contact: Trevor Pinn, Deputy CAO/Treasurer, 905-623-3379 x2602 or tpinn@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 39 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: FSD-034-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Fire Apparatus Procurement Recommendations: 1. That Report FSD-034-23, and any related delegations or communication items, be received; 2. That the additional $700,000 from the Fire Equipment Reserve Fund required to procure the replacement of Aerial 11, be approved; 3. That the Deputy CAO/Treasurer is directed to contribute any proceeds from the trade-in of Aerial 11 to the Fire Equipment Reserve Fund; and 4. That all interested parties listed in Report FSD-034-23, and any delegations be advised of Council’s decision. Page 40 Municipality of Clarington Page 2 Report FSD-034-23 Report Overview The Clarington Fire and Emergency Services is in the process of replacing Aerial 11, a 2007 Pierce Aerial. The new equipment is expected to be delivered in 2026 at which point Aerial 11 would be approximately 20 years old and at the end of its useful life as a front -line responding apparatus. Additional funds are required to procure this vehicle above the budgeted amount that was approved in the 2023 Budget. These funds are recommended to come from the Fire Equipment Reserve Fund. 1. Background 1.1 The 2023 Budget includes funding of $1,700,000 for the replacement of Aerial 11, which is a 2007 Pierce Aerial. 1.2 In the summer of 2023, a notice of intent to procure the aerial was posted on our website. The Municipality is exploring options which may include working with Canoe, a public sector buying group partnering with AMO, to procure this vehicle. 1.3 Through initial feedback, it has been determined that the vehicle cost would be approximately $2.4 million. The additional $700,000 is recommended to come from the Emergency Services Fleet Reserve Fund. 1.4 The vehicle takes approximately 36 months to build and would be available in 2026, at which point the current aerial would be approximately 20 years old. The aerial is one of two in Clarington and provides fire suppression services for taller buildings. 1.5 The existing Aerial 11 is expected to have a trade-in value of approximately $125,000; however, given that the trade-in will occur in approximately three years it is subject to change. Typically, trade-in value is considered as part of the budget ask; given the uncertainty of the value staff are recommending that the gross needs are approved from the reserve fund with any eventual trade-in being used to replenish the reserve fund. 2. Financial Considerations 2.1 The estimated balance in the Fire Equipment Reserve Fund at the end of December 2023 is $1.2 million. Additional contributions to the Fund will be contemplated during the multi-year budget process. 2.2 The aerial is a replacement vehicle and is therefore not eligible for development charges, the Fire Equipment Reserve Fund is the most appropriate source of additional funding. Page 41 Municipality of Clarington Page 3 Report FSD-034-23 3. Concurrence This report has been reviewed by Deputy Fire Chief Hesson who concurs with the recommendations. 4. Conclusion It is respectfully recommended that the additional funds required to procure the replacement Aerial be approved from the Emergency Services Fleet Reserve Fund Staff Contact: Trevor Pinn, CPA, CA, Deputy CAO/Treasurer, 905-623-3379 x2602 or tpinn@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 42 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: PWD-006-23 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Orono Parking Study Update Recommendations: 1. That Report PWD-006-23, and any related delegations or communication items, be received; 2. That residential rental property owners in Orono be encouraged to provide off-street parking for tenants wherever possible; 3. That all interested parties listed in Report PWD-006-23, and any delegations be advised of Council’s decision. Page 43 Municipality of Clarington Page 2 Report PWD-006-23 Report Overview During a Regular Council meeting on May 15, 2023, staff were given direction to conduct another parking study during peak periods for the Downtown Orono area. In response, staff have carried out a more thorough data collection including parking duration and occupan cy rates. This report discusses the findings of the follow-up parking study and provides recommendations for Council to consider. 1. Background 1.1 At the May 15, 2023 Council meeting, a request was made by a delegate Diana Stephenson of the Orono BIA that a more comprehensive parking study be conducted in downtown Orono aside from the previous study carried out by staff in April of same year. As a result, Public Works staff proceeded with a more extensive data collection, including duration and occupancy rates. 1.2 The purpose of this update was to re-examine the existing parking supply and demand for parking facilities that primarily serve retail, commercial, and institutional land uses in the commercial core of Orono. Key issues considered were related to:  the location and supply of parking  current parking standards and policies 1.3 For the purposes of this update, the Study Area was defined based on previous study limits and is generally associated with available on-street parking between 5270 and 5367 Main Street, Park and Centreview Streets between Main Street and Church Street and Church Street between Park Street and Centreview Street . 2. Data Collection Study Area 2.1 An inventory of the available on-street parking was conducted to confirm the study limits and verify any potential changes to the posted parking regulations. When compared to previous studies there was a decrease of one parking spot on Park Street due to the previously incorporated changes addressing intersection sightlines and operational safety. There are currently 59 available marked on-street parking spots within the study limits, including two stalls on the west side of Main Street marked and signed as accessible. Page 44 Municipality of Clarington Page 3 Report PWD-006-23 2.2 For analysis and summary purposes, the study area was divided into five sections, as follows:  Section 1 – west side of Main Street, 19 spaces (including 2 accessible)  Section 2 – east side of Main Street, 19 spaces  Section 3 – south side of Park Street, 5 spaces  Section 4 – east side of Church Street, 10 spaces  Section 5 – north side of Centreview Street, 6 spaces The total on-street parking inventory included in the studies is 59 spaces. Parking Surveys 2.3 Parking surveys were conducted within the Study Area during a typical summer weekday and a typical summer weekend as follows:  Friday, July 7, 2023, 8 am to 6 pm  Saturday, July 8, 2023, 8 am to 6 pm The survey dates were selected to reflect days and times with typical parking demand and were carried out following specified routes and methodology. On-Street Parking 2.4 The data collection route for on-street parking was designed to allow data to be acquired at any given location in 15-minute intervals. The data collected includes:  parking occupancy and accumulation counts (number of vehicles parked by time of day)  duration (length of time parked)  turnover (arrivals and departures) Page 45 Municipality of Clarington Page 4 Report PWD-006-23 3. Analysis 3.1 The most recent Orono Parking Study update provides key benchmark information on parking in the downtown core area of Orono and includes a detailed inventory of parking demand characteristics for typical conditions in Orono. Conclusions from a review of the updated data shows in general that parking demand displayed the following characteristics:  Highest utilization rate for the west side of Main Street was 74% on Friday during one 15 minute period and 79% on Saturday during a one 15 minute period. The west side of Main Street was the most utilized area for parking with an average of just over 4 spaces or 25% of parking available during the data collection period ;  Highest utilization rate for the east side of Main Street was 58% on Friday during two 15 minute periods and 89% on Saturday during one 15 minute period  Highest overall utilization rates were on Park Street on Friday at 100% during six non-consecutive 15 minute periods and on Church Steet on Saturday at 100% during 5 consecutive 15 minute periods and one isolated 15 minute period  Church Street had the longest duration occupancies and the lowest turnover rates on Saturday  At the time of the 100% utilization periods listed above, both sides of Main Street were only utilized in the 30-55% ranges, providing ample alternate parking spaces  Parking duration analysis showed the flowing trends: o West side of Main Street  on Friday 98.9% parked less than 3 hours, 33.3% parked less than 15 minutes  on Saturday 94.6% parked less than 3 hours, 41.3% parked less than 15 minutes o East side of Main Street  on Friday 98.8% parked less than 3 hours, 32.5% parked less than 15 minutes  on Saturday 96.6% parked less than 3 hours, 49.6% parked less than 15 minutes Page 46 Municipality of Clarington Page 5 Report PWD-006-23 o Park Street  on Friday 92% parked less than 3 hours, 20% parked less than 15 minutes  on Saturday 72.2% parked less than 3 hours, 9.1% parked less than 15 minutes o Church Street  on Friday 92.1% parked less than 3 hours, 18.4% parked less than 15 minutes  on Saturday 30.8% parked less than 3 hours, 0% parked less than 15 minutes o Centerview Steet  on Friday 100% parked less than 3 hours, 36.1% parked less than 15 minutes  on Saturday 91.3% parked less than 3 hours, 69.6% parked less than 15 minutes  Demand peaks at 77% utilization (or 23% available) between 12:30pm and 1:00pm for the data collection period; 3.2 The results of the survey have shown that the overall parking demand on Friday was approximately 42% of the available inventory and the demand on Saturday was 53% of the available inventory. The busiest periods and sections appear to be along Park Street and Church Street. However, the remaining sections provided sufficient parking as alternatives. 3.3 While the complaint was to address suspected parking over the 3 -hour limit which in turn prevents business patrons from finding parking the study demonstrated that there is a sufficient supply of parking spaces at various times during the typical business operating hours of the downtown Orono businesses. 3.4 As an added possibility, the option of issuing on-street parking passes for streets adjacent to the downtown area may be considered, should such a need arise. This option has been communicated to the Orono BIA by Municipal Law Enforcement Staff, and any interested party should contact the Municipal Law Enforcement Office to determine eligibility. Page 47 Municipality of Clarington Page 6 Report PWD-006-23 4. Financial Considerations Not Applicable. 5. Concurrence This report has been reviewed by the Deputy CAO/Solicitor who concurs with the recommendations. 6. Conclusion The updated parking data verifies that there is currently a sufficient supply of on-street parking in Downtown Orono. It is also suggested that new studies are conducted if any significant triggers arise within the Orono Downtown Business Improvement Area that would create an increase in parking demand. Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 extension 2315 or spotrykus@clarington.net. Attachments: Not Applicable Interested Parties: List of Interested Parties available from Department. Page 48 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: PWD-007-23 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: School and Community Safety Zone Traffic Speeds Recommendations: 1. That Report PWD-007-23 and any related delegations or communication items, be received; and 2. That all interested parties listed in Report PWD-007-23 and any delegations be advised of Council’s decision. Page 49 Municipality of Clarington Page 2 Report PWD-007-23 Report Overview At the December 12, 2022, regular Council meeting, resolution #C-224-22 was passed, requesting that staff report on the impacts of speeding in Clarington communities, specifically in school zones and community safety zones. This report provides an overview of traffic observations in the majority of existing school zones and community safety zones within Clarington. The report also includes and discusses other factors contributing to speeding complaints, such as school operations and human factors. 1. Background 1.1 At the regular Council meeting held on December 12, 2022, Council passed resolution #C-224-22, which directed staff to report back on the impacts of speeding in Clarington communities, specifically in school zones and community safety zones. The motion was brought forward by Councillor Anderson, who had recently travelled to the United States, where he observed various school zones with reduced speed limits. 1.2 Most of the elementary and intermediate schools in Clarington are located along roads that are classified as Collector or Arterial type roads, as per the Clarington Official Plan. Only five schools are located on Local class roads. The purpose and design of Arterial and Collector type roads allows for a higher level of service, including higher traffic volumes, a less restrictive flow of traffic and a larger mix of vehicle types, including transit, trucks, bicycles and passenger vehicles. All school frontages that are under Clarington jurisdiction have a speed limit of 50 km/h. Several school frontages are also designated as Community Safety Zones (CSZ), where the Highway Traffic Act offence fines are doubled. 1.3 Speeding complaints have always accounted for a large part of the workload for Public Works staff. Clarington is experiencing rapid growth with new developments mostly occurring throughout Newcastle, Bowmanville and Courtice. This results in an increase of traffic and pedestrian movements, which in turn increases the possibility of actual or perceived vehicle-pedestrian conflicts and related complaints. W hat is often labelled as speeding, factually involves other traffic violations, such as illegal parking, u -turns, entering oncoming lanes to bypass congestion, rapid acceleration (within speed limits), forms of aggressive behavior with both the drivers and pedestrians, and disobeying traffic control devices such as a school crossing guard, traffic signal or a stop sign. Many concerns which are initially logged as speeding, often result from triggers other than speeds, following a more detailed discussion with the constituents. 1.4 School crossings are present at many of the school locations where the crossing guards provide opportunities to cross, as needed, during school times. The design components of a school crossing include rectangular warning signs and painted lines. They are often Page 50 Municipality of Clarington Page 3 Report PWD-007-23 misunderstood by the public as they are similar in appearance to Provincially regulated pedestrian crossovers (PXO). A school crossing is a regulated crossing only if a crossing guard is present and displays the STOP paddle. 1.5 Due to this misinterpretation, the issue was recognized as an opportunity for improvement. For the past several years, staff have been utilizing traffic calming Flex Signs installed seasonally at approaches to most of the school crossings in Clarington. These Flex Signs have been found to help reduce speeds by several kilometers per hour and provide a visual cue to drivers to stop and maintain a distance from the crossing. At other locations, where opportunities have been favorable, staff instead have installed PXO’s to provide a regulated crosswalk for all pedestrians at all times. For those locations where vehicle operating speeds are confirmed to be an issue staff have selected the use of temporary speed cushions. One school area which includes this traffic calming feature is the Enniskillen Public School on Old Scugog Road. 2. Factors Traffic Data 2.1 Over the course of several months, staff have completed a series of traffic studies, directly targeting school zones and community safety zones. With the use of the available Armadillo stealth radar counters, staff collected traffic speed and traffic volume information at the following schools:  Aspen Springs Drive at Holy Family Catholic Elementary School  Avondale Drive at Lydia Trull Public School  Beaver Street at Robert Street at Newcastle Public School  Bons Avenue at Charles Bowman Public School (pre Flex Sign deployment)  Fieldcrest Avenue at Good Shepherd Catholic Elementary School  Glenabbey Drive at Saint Mother Theresa Catholic Elementary School  Longworth Avenue at Harold Longworth Public School (CSZ)  Longworth Avenue at Saint Elizabeth Catholic Elementary School (CSZ)  Meadowglade Road at G. J. MacGillivray Public School  Nash Road at Courtice North Public School (pre Flex Sign deployment, CSZ) Page 51 Municipality of Clarington Page 4 Report PWD-007-23  Nash Road at S.T. Worden Public School (pre Flex Sign deployment)  Sandringham Drive at Emily Stowe Public School  Scugog Street at Saint Stephen Catholic Secondary School (CSZ)  Waverley Road at Waverley Public School (pre Flex Sign deployment)  Westside Drive at Dr. Ross Tilley Public School (pre Flex Sign deployment) 2.2 The collected traffic data was charted by categorizing speeds and volumes in two separate graphs for each location, displayed hourly. The graphs are included in Attachment 1 to this report. The recorded speeds average around 40-55 km/h throughout the daytime at many school locations and are the highest along Arterials such as Longworth Ave and Scugog St. 2.3 During the school arrival and dismissal times there are noticeable, and at some locations, significant drops in speeds which average around 30 -45 km/h. The traffic speed and volume data demonstrate a common trend between an increase in volumes and a corresponding decrease in speed during the school arrival and dismissal times. This occurs due to the increased congestion during school times, for which some of the contributing factors are discussed later in this report. 2.4 In the past, staff have often visited schools and collected data and pictures for internal analysis. However, due to several incidents where extremely aggressive parents threaten and insult staff , this type of investigation is no longer conducted. Staff instead resort to the use of google maps live traffic data. Figures 1-6 below show samples of live traffic at several schools during the AM bell times, where the green lines indicate that traffic is moving, orange lines indicate slowdowns and congestion, and red lines indicate very slow or stopped traffic. Google obtains its live traffic information from various sources, mostly mobile devices such as cellphones and tablets. The data in the images directly corresponds to the respective graphs in Attachment 1, and further supports staff’s findings. Additional graphs for traffic studies at other schools are also included. Page 52 Municipality of Clarington Page 5 Report PWD-007-23 Figure 1 – Longworth Avenue at St. Elizabeth C. E S. AM bell time traffic Figure 2 – Avondale Drive at Lydia Trull P. S. AM bell time traffic Page 53 Municipality of Clarington Page 6 Report PWD-007-23 Figure 3 – Green Rd and Aspen Springs Dr at Holy Family C. E. S. AM bell time traffic Figure 4 – West Side Dr at Dr. Ross Tilley P. S. AM bell time traffic Page 54 Municipality of Clarington Page 7 Report PWD-007-23 Figure 5 – Meadowglade Dr at Dr. G. J. MacGillivray P. S. AM bell time traffic Figure 6 – Nash Rd at Courtice North P. S. AM bell time traffic Page 55 Municipality of Clarington Page 8 Report PWD-007-23 School operations 2.5 Clarington public schools are operated by the Kawartha Pine Ridge District School Board (KPR) and by the Peterborough Victoria Northumberland and Clarington Separate School Board (PVNC). Due to the rapid growth of population in Clarington, which differs from many of the other areas where these schoolboards’ have jurisdiction. Clarington schools have been facing enormous challenges with student capacities. 2.6 One solution to address the school capacity needs is the use of portable structures. W hile the addition of such temporary structures requires approval of permits, it does not require an amendment to the approved site plan. This results in a proportional increase of vehicle trips to the school without any proportional addition of parking spaces. One notable example is St. Elizabeth C.E.S., which recently increased from the originally approved capacity of 386 pupils to 14 portables and a capacity of 740 students as of October 2022. 2.7 With increased congestion at the schools, comes increased congestion within and around the school property. Staff have observed that many schools block on site parking access during the arrival and dismissal times for various reasons, such as staffing issues, safety and capacity concerns. As a result, traffic congestion spills onto the surrounding road network contributing to the already existing parking and sightline issues. 2.8 When these types of school operations are combined with the school peak times, during which majority of the speeding complaints and concerns originate, staff have found that the higher school capacities and the resulting congestion do increase the likelihood of parents and students interacting with more vehicles. However, the increase in congestion also creates a control condition where higher vehicle speeds are very difficult to achieve. Post COVID Changes 2.9 The COVID pandemic has had a prolonged, if not a permanent , effect on school traffic. Many guardians and parents now have the opportunity to work from home or work with flexible schedules. This flexibility allows many “new additional” drivers to personally drive their children to and from school, where in the pre-COVID times, they would not have such opportunity. As a result, staff have noticed an additional increas e in overall passenger vehicle traffic at many of the schools. 2.10 Student Transportation Services of Central Ontario (STSCO) is a school bus consortium operating all school buses in Clarington. In the past, most of their drivers were seniors or retired persons who found this as an opportunity for extra income. Since COVID, STSCO has been facing severe staffing shortage. This issue is still ongoing, as their ads seeking drivers are very apparent and frequent. As a result of the shortage of Page 56 Municipality of Clarington Page 9 Report PWD-007-23 drivers, all school boards experience daily service delays and cancellations. Staff periodically monitor the STSCO website, and confirm the issue is affecting Clarington schools in a significant way. For example, on May 27, 2023, 14 schools in Clarington were affected by the school bus cancellations, and 22 cancellations on June 5, 2023. On average, at least several cancellations occur every day. As a result, there is an additional group of drivers, who although have children eligible to take a school bus, choose to drive their children to and from school, contributing to the mix of traffic congestion. The General Public 2.11 In addition to the data collected for the subject school and community safety zones, staff regularly handle various speeding complaints from across Clarington. The typical approach involves a confirmation of the complaint to verify if no other triggers play a role as mentioned in Section 1.3 above and typically include the deployment of our Radar Message Boards or the stealth Armadillo counters. 2.12 In many cases, the causes of speeding complaints are isolated incidents perceived as continuous or a repeat problem. In other cases, higher speeds may in fact be the case. Network analysis is an ongoing task, and where some concerns are found to be validated, staff take appropriate actions. All speed data collected by staff is shared publicly and with Durham Regional Police Service (DRPS) and is available on our traffic information map. 2.13 The map contains close to 1,000 speed studies to date, including data from the Radar Message Boards and the stealth Armadillo radar units. Figure 7 is a snapshot of the combined locations where speed studies have been conducted over the last several years. The deployment of these devices is often helpful in resolving most of the speeding complaints or ones that are perceived as speeding. Residents have an opportunity to see the actual speeds displayed live on the devices with every passing vehicle. This in turn helps them understand the levels of noise and to match any visual cues they observe to any future concerns. The map also provides help with any follow up information or comparisons to other similar roads that the residents may have interest in. Page 57 Municipality of Clarington Page 10 Report PWD-007-23 Figure 7 – Snapshot of the combined speed studies around Clarington 2.14 As briefly mentioned in Section 1.4, areas that were found to be displaying speeding issues, were targeted with various kinds of treatments. This includes enforcement, temporary speed cushions, Flex Signs, installation of semi-permanent Radar Message Boards, or pavement markings treatments. 2.15 Given that the congestion around schools is a growing concern it also directly contributes to the number of speeding complaints staff receive. With the lack of access to on-site parking or kiss-n-ride type facilities any parents and students using personal transportation are the source of frequent violations of posted parking and stopping restrictions. This includes parking and stopping along fire hydrants, along spaces clearly marked out as prohibited for sightline reasons, along intersection corners, blocking residential driveways, blocking school crosswalks and other pedestrian facilities. These locations are intended to increase pedestrian and operational saf ety for anyone choosing to walk but ironically are often blocked by parents or guardians who choose to drive due to these self-inflicted unsafe pedestrian conditions. Page 58 Municipality of Clarington Page 11 Report PWD-007-23 2.16 Due to the violations of prohibited parking and congestion around pedestrian facilities near schools all foot traffic is now exposed to a more intense interaction with vehicles. This puts the students and parents unloading and loading their vehicles in a very close proximity to moving traffic. As the congestion increases so does the exposure. Even with the recorded lower speeds during school times the artificial perception of speeding erroneously contributes to the general perception of speeding. Unfortunately, because this seems to be a self-fuelled issue, compounded by the factors described in previous sections, there is no clear and simple solution. Durham Regional Police Service 2.17 The subject of this report was extensively discussed with the Durham Regional Police Service Traffic Liaison at the 16th Division. The working relationship with the DRPS counterpart is efficient and involves a high level of understanding of local needs. Knowledge of areas of interest and an open cooperation with Clarington staff make dealing with speed and other traffic related issues a team effort. This also helps with the allocation of limited police resources to areas where they are justified the most. 2.18 Based on the discussions with DRPS and the available data enforcement during school times is typically deployed on roads where speeding is most likely to occur. As demonstrated earlier in Section 2.1 and 2.2, many of the school frontages do not exhibit significant speeding issues during the busy school periods, due to the self -governing congestion. However, some of the Arterial and other Collector roads surrounding the school areas do. Therefore, police resources are primarily directed to locations where speeding may be an actual confirmed problem. These often include Regional roads, as traffic volumes and the potential for infractions is significantly higher. Attempts to conduct enforcement along some of the areas of highest complaints (school frontages) have not provided significant results. 2.19 DRPS also conducts various other safety initiative blitzes such as distracted driving, vehicle safety, traffic control compliance and aggressive behavior. Assistance is also provided to issues affecting our crossing guards and the operation of their crossings. Combined, the DRPS overall efforts are a key component of a safer community. 3. Options Reduced Speed Limits 3.1 Lowering speed limits across many Ontario jurisdictions has gained popularity in the recent years. The effectiveness of reducing speed limits from 50 to 40 km/h can vary depending on several factors including the specific circumstances of each location and the effectiveness of enforcement efforts. Here are a few considerations: Page 59 Municipality of Clarington Page 12 Report PWD-007-23  Safety Improvement: Lowering speed limits can contribute to improved road safety by reducing the severity of accidents and providing drivers with more time to react to unexpected situations. Studies have shown that lower speed limits are generally associated with a decrease in the number and severity of accidents.  Pedestrian and Cyclist Safety: Lowering speed limits can have a positive impact on pedestrian and cyclist safety, particularly in urban areas where vulnerable road users are more prevalent. Slower speeds give pedestrians and cyclists a better chance of survival in case of an accident and can encourage active modes of transportation.  Traffic Flow and Congestion: Lowering speed limits may result in a slight decrease in traffic flow and potentially contribute to increased congestion, especially during peak travel times. However, the impact on traffic flow can vary depending on the specific location, road design, and existing traffic conditions.  Compliance and Enforcement: The effectiveness of reduced speed limits depends heavily on drivers' compliance and the ability of law enforcement agencies to enforce the new limits consistently. Adequate and visible enforcement can help promote compliance with the lower speed limits , however, it often becomes very demanding on the enforcement authorities.  Community Support and Acceptance: The success of any speed limit reduction initiative also relies on community support and acceptance. Engaging with local residents, businesses, and community stakeholders can help address concerns and ensure that lower speed limits address everyone’s needs and expectations. 3.2 It's important to note that the effectiveness of reducing speed limits may vary from one location to another, and a comprehensive evaluation should consider the specific context, traffic patterns, and road infrastructure of each area. A case from the City of Mississauga has demonstrated that an area wide reduction of the speed limit from 50 km/h to 40 km/h resulted in an average reduction of actual speeds by 0.5 to 1 km/h. The City of Oshawa uses 40 km/h speed limits along school and park frontages and is also currently piloting a project of reduced speeds to 40 km/h on all downtown streets. While detailed results are not available for this report, multiple site observations demonstrate very low to no compliance, with the 40km/h signs having very little impact on established driver habits matching the surrounding road conditions and environment. As advised by City of Oshawa staff, signage by itself does not affect the speeds, therefore regular police presence is required on a consistent basis. Town of Scugog recently lowered all speed limits on rural roads to 60 km /h and all urban areas to 40 km/h. As advised by their staff, observing their lowered speed limits relies heavily on enforcement. Page 60 Municipality of Clarington Page 13 Report PWD-007-23 3.3 Although many jurisdictions have taken steps to lower area speed limits, their effectiveness is heavily dependent on police presence. Given the rapid growth in Durham, the enforcement resources may not be readily available at this time to regularly contribute to such efforts on a large scale. Additionally, inappropriate/unjustified speed limit reductions will place a higher percentage of currently compliant drivers in violation of the new posted speed limit. Traffic Calming 3.4 While the purpose of lower speed limits is to increase safety, the effectiveness is often less than desired. Drivers become comfortable with the surrounding environment and drive accordingly to the design parameters of the road. Over time, static signage, blends with the landscape and becomes ineffective. Traffic calming is a process of introducing various treatments to the road and the surrounding environment which specifically target the issues and needs of a specific road section. Unlike the area wide speed limit reduction traffic calming has the ability to address the concern at the location where it’s most likely to be effective without artificially penalizing traffic in the entire area. 3.5 Traffic calming treatments may include passive methods such as pavement markings and electronic devices with aggressive methods including speed cushions, raised intersections and crosswalks, chicanes, medians and islands. It has been well documented that traffic calming measures are often more effective than lower speed limits. Traffic calming treatments, especially of the aggressive type, often do not require police enforcement, as is the case with lower speed limits. Site assessments and justification warrants including minimum speeding or cut through traffic thresholds will provide a fair and consistent response to localized issues and concerns without defaulting to penalize all road users including the vast majority of compliant drivers. 4. Financial Considerations Not Applicable. 5. Concurrence Not Applicable. Page 61 Municipality of Clarington Page 14 Report PWD-007-23 6. Conclusion From the data and the supporting information presented in this report it is respectfully recommended that Council continue supporting staff in the ongoing monitoring of the road network in school areas and in addressing any needs as required. Staff are in the process of preparing a traffic calming policy for the Municipality of Clarington. The intent is to create a toolbox which may be able to provide suitable solutions where justified, equitably and fairly. It is also respectfully requested that Council consider the upcoming traffic calming policy as a framework for directing the resources where they are most suitable and needed. Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 or spotrykus@clarington.net. Attachments: Attachment 1 - Graphs of traffic speeds and traffic volumes in school zones and community safety zones Interested Parties: There are no interested parties to be notified of Council's decision. Page 62 Attachment 1 to Report PWD-007-23 Figure 1 - Aspen Springs Dr @ Holy Family P.S. average hourly weekday speeds Page 63 Attachment 1 to Report PWD-007-23 Figure 2 - Aspen Springs Dr @ Holy Family P.S. average hourly weekly volumes Page 64 Attachment 1 to Report PWD-007-23 Figure 3 - Avondale Dr @ Lydia Trull P.S. average hourly weekday speeds Page 65 Attachment 1 to Report PWD-007-23 Figure 4 - Avondale Dr @ Lydia Trull P.S. average hourly weekly volumes Page 66 Attachment 1 to Report PWD-007-23 Figure 5 - Beaver St @ Robert St E average hourly weekday speeds Page 67 Attachment 1 to Report PWD-007-23 Figure 6 - Beaver St @ Roberts St E average hourly weekly volumes Page 68 Attachment 1 to Report PWD-007-23 Figure 7 - Bons Ave @ Charles Bowman P.S. average hourly weekday speeds Page 69 Attachment 1 to Report PWD-007-23 Figure 8 - Bons Ave @ Charles Bowman P.S. average hourly weekly volumes Page 70 Attachment 1 to Report PWD-007-23 Figure 9 - Fieldcrest Ave @ Good Shepherd C.E.S. average hourly weekday speeds Page 71 Attachment 1 to Report PWD-007-23 Figure 10 - Fieldcrest @ Good shepherd C.E.S. average hourly weekly volume Page 72 Attachment 1 to Report PWD-007-23 Figure 11 - Glenabbey Dr @ St Mother Teresa average hourly weekday speeds Page 73 Attachment 1 to Report PWD-007-23 Figure 12 - Glenabbey Dr @ St Mother Teressa average hourly weekly volumes Page 74 Attachment 1 to Report PWD-007-23 Figure 13 - Longworth @ Harold Longworth P.S. average hourly weekday speeds Page 75 Attachment 1 to Report PWD-007-23 Figure 14 - Longworth @ Harold Longworth P.S. average hourly weekly volumes Page 76 Attachment 1 to Report PWD-007-23 Figure 15 - Longworth @ St Elizabeth C.E.S. average hourly weekday speeds Page 77 Attachment 1 to Report PWD-007-23 Figure 16 - Longworth @ St. Elizabeth C.E.S. average hourly weekly volumes Page 78 Attachment 1 to Report PWD-007-23 Figure 17 - Meadowglade Rd @ G.J. MacGillivray average hourly weekday speeds Page 79 Attachment 1 to Report PWD-007-23 Figure 18 - Meadowglade Rd @ G.J. MacGillivray average hourly weekly volumes Page 80 Attachment 1 to Report PWD-007-23 Figure 19 - Sandringham Dr @ Dr Emily Stowe average hourly weekday speeds Page 81 Attachment 1 to Report PWD-007-23 Figure 20 - Sandringham Dr @ Dr Emily Stowe average hourly weekly volumes Page 82 Attachment 1 to Report PWD-007-23 Figure 21 - Scugog St @ St Stephen C.S.S. average hourly weekday speeds Page 83 Attachment 1 to Report PWD-007-23 Figure 22 - Scugog St @ St Stephen C.S.S. average hourly weekly volumes Page 84 Attachment 1 to Report PWD-007-23 Figure 21 - Waverley Rd @ Waverley P.S. average hourly weekday speeds Page 85 Attachment 1 to Report PWD-007-23 Figure 22 - Waverley Rd @ Waverley P.S. average hourly weekly volumes Page 86 Attachment 1 to Report PWD-007-23 Figure 23 - West Side Dr @ Dr Ross Tilley P.S. average hourly weekday speeds Page 87 Attachment 1 to Report PWD-007-23 Figure 24 – West Side Dr @ Dr Ross Tilley P.S. average hourly weekly volumes Page 88 Attachment 1 to Report PWD-007-23 Figure 25 - Nash Rd @ Courtice North P.S. average hourly weekday speeds Page 89 Attachment 1 to Report PWD-007-23 Figure 26 - Nash Rd @ Courtice North P.S. average hourly weekly volumes Page 90 Attachment 1 to Report PWD-007-23 Figure 27 - Nash Rd @ S.T. Worden P.S. average hourly weekday speeds Page 91 Attachment 1 to Report PWD-007-23 Figure 28 - Nash Rd @ S.T. Worden P.S. average hourly weekly volumes Page 92 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: PWD-008-23 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Traffic Speeds and Pedestrian Crossings on Scugog Street Recommendations: 1. That Report PWD-008-23, and any related delegations or communication items, be received; 2. That Council direct staff prepare a proposal to extend the sidewalk on the west side of Scugog Street between Rehder Avenue and Wellington Street, that will include consultation with the adjacent property owners; and 3. That all interested parties listed in Report PWD-008-23, and any delegations be advised of Council’s decision. Page 93 Municipality of Clarington Page 2 Report PWD-008-23 Report Overview During the Joint Committee meeting held on June 19, 2023, Council received a delegation from Lauren Bull and Tara Asling. Resolution #JC-061-23 was passed that referred the delegates’ concerns about the speed limit on Scugog Street back to staff. This report provides Council with an update on the findings and a recommendation to improve roadway and pedestrian safety. 1. Background Delegation by Lauren Bull and Tara Asling, Regarding Reducing Speed Limit on Scugog Street 1.1 Lauren Bull and Tara Asling were present via electronic means to express their concerns over vehicle speeding on Scugog Street. Tara Asling noted problems with increased traffic, excessive speeding and noise on Scugog Street. Tara also requested that crosswalks be installed at Rehder and Jackman, along with reducing the speed limit to 40 km/hour. Lauren reported her concerns about the lack of speed reduction measures along Scugog Street. The delegates subsequently answered questions from Members of Committee. Scugog Street pedestrian and vehicle traffic operation 1.2 In the Clarington Official Plan, Scugog Street is considered a Type C Arterial class roadway. Such classification of roadway provides an important function, meaning that it is designed to operate with uninterrupted flow except at traffic control signals and pedestrian crossings. Type C Arterials are also intended to serve as local transit corridors and connections to regional transit spines. They typically feature sidewalks on both sides of the road and are good candidates for bicycle facilities. 1.3 Scugog Street has a pavement width of 10 metes, consistent with a Type C Arterial roadway. Urban shoulders or bicycle lanes are painted along the entire stretch of Scugog Street from Wellington Street to Longworth Avenue. The sidewalk on the east side is continuous. The sidewalk along the west side spans from Rehder Avenue northwards. Previous attempts by staff to complete the sidewalk on the west side were met with significant opposition from affected residents. There are currently no marked pedestrian crossings along this stretch of Scugog Street. Page 94 Municipality of Clarington Page 3 Report PWD-008-23 2. Traffic Analysis Traffic Speed Data 2.1 Staff have monitored traffic speeds and volumes on Scugog Street that is posted as 50 km/h on several occasions over the years. The two types of equipment used are radar based and include the Radar Message Boards (RMB) which collect and display speeds live to the drivers, and the Armadillo stealth radar units, which record speeds and vehicle types while being concealed for later analysis. The speed data collected is classified into Average speed and Operating (85th percentile) speed. Of the recently available data, the speeds were as follows:  RMB Deployment June 12th 2020 Scugog Street at Edsall Avenue Average Speed: 47km/h 85th Percentile: 59km/h  RMB Deployment June 12th 2020 Scugog Street at Rehder Avenue Average Speed: 50km/h 85th Percentile: 58km/h  Armadillo Deployment May 17th 2023 Scugog Street at Edsall Avenue Average Speed: 51km/h 85th Percentile: 57km/h 2.2 From the above data, it has been determined that the majority of vehicles operate at an anticipated level for a Type C Arterial roadway. As mentioned before, the intended design and purpose of such roadways is to provide a less restricted corridor for traffic, which includes transit, trucks and connections with other major roadways and trip generation clusters. Any intrusive traffic calming devices could result in a negative effect on the existing road functionality and potentially affect other nearby local roads. 2.3 It is also worth noting that the reconstruction of Bowmanville Avenue and King St intersection may be causing additional traffic volumes to use Scugog Street. It is anticipated to diminish noticeably after the widening of Bowmanville Avenue is complete in the Spring of 2024. 2.4 A review of speed limit reductions to 40 km/h in other municipalities showed that the effectiveness is very minimal if not applied to suitable roadways containing supportive design parameters. Several municipalities where 40 km/h speed limits were tested or implemented, reported results of 0-1 km/h speed reductions, even with the provision of any reasonably available police enforcement. Scugog Street, being a wide straight Page 95 Municipality of Clarington Page 4 Report PWD-008-23 stretch of a Type C Arterial, does not currently have features that would support speed limit reductions effectively. Drivers generally assume speeds that are comfortable and safe, based on the road function, risk, and assessment of the surrounding road environment, including pedestrians. Pedestrian Movements 2.5 The Ontario Traffic Manual is a set of transportation-oriented specifications and guidelines released by the Ministry of Transportation of Ontario. It is used by traffic engineering staff to provide a consistent and safe transportation network, in line with other road jurisdictions. As per the Ontario Traffic Manual Book 15 - Pedestrian Crossing Treatments, the minimum required pedestrian volume to justify an installation of a Pedestrian Crossover (PXO) is 100 or more in an 8-hour period, or 65 or more in a 4-hour period. 2.6 Staff conducted and analyzed dedicated turning move ment counts at the intersections of Scugog Street with Rehder Avenue and Scugog Street and Jackman Road. The traffic count locations were selected based on the request by the delegation and from a roadside assessment by staff. The sidewalk on the west side currently ends at its’ south terminus at Rehder Avenue. Jackman Road leads to a medium-density residential complex, which is more likely to generate pedestrian traffic and potentially contribute to crossings across Scugog Street. It should be noted that proper sightlines and adequate gaps in traffic flow that are necessary to accommodate safe roadway crossings were present. 2.7 Each intersection included a continuous traffic count between 7 am and 9 pm on Wednesday, July 5, 2023 and Saturday, July 8, 2023. From the analyzed pedestrian movements, it was found that the following pedestrian crossings occurred across Scugog Street in each 14-hour period:  Scugog Street at Jackman Road o Wednesday – 13 pedestrians o Saturday – 6 pedestrians  Scugog Street at Rehder Avenue o Wednesday – 13 pedestrians o Saturday – 10 pedestrians Since the actual pedestrian numbers are significantly lower than the required minimum pedestrian volume in the justification warrant, none of the locations qualify for a PXO. Page 96 Municipality of Clarington Page 5 Report PWD-008-23 2.8 One of the provisions in the PXO justification warrant allows consideration for maintaining a pedestrian path of desire. In cases where no other reasonable option to cross or travel exists, a PXO may be justified. However, as mentioned earlier, staff have previously worked on extending the west sidewalk to join with the existing section at Wellington Street. Due to significant opposition by affected residents, this project was temporarily abandoned. It is strongly recommended that the completion of the sidewalk on the west side is reviewed again, as the preferred option. Possible resident concerns regarding their responsibility to provide winter maintenance on the sidewalk may now be alleviated as this section of sidewalk will be cleared by the Municipality going forward under the new Arterial sidewalk program. 3. Financial Considerations Not Applicable. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that the current status of traffic operation on Scugog Street remain unchanged. It is also recommended that Scugog Street be further reviewed under the newly proposed Clarington Traffic Calming Policy, if adopted by Council, which staff will be reporting on later this year. Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 or spotrykus@claringtonn.net. Attachments: Not Applicable Interested Parties: The following interested parties will be notified of Council's decision: Lauren Bull Tara Asling 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: September 11, 2023 Report Number: PWD-010-23 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Staffing Requirements for New Municipal Sidewalk Snow Clearing Program Recommendations: 1. That Report PWD-010-23 be received; 2. That the additional staffing resources outlined within this report be approved by Council to effectively manage the new level of service, as directed; and 3. That all interested parties listed in Report PWD-010-23 be advised of Council’s decision. Page 98 Municipality of Clarington Page 2 Report PWD-010-23 Report Overview At the special budget meeting held on Monday, January 30, 2023, Council approved capital funding, in amount of $600,000, for Public Works Staff to acquire new specialized equipment to begin the clearing of sidewalks on arterial roads during the 2023/2024 winter season. This level of funding was in addition to an earlier capital approval of $300,000 that was passed by Council at the February 7, 2022, Joint Committee meeting to be used for the same service level improvement. 1. Background Current State 1.1 The Municipality has historically hired external vendors to provide snow clearing services for municipal sidewalks, parking lots at municipal facilities, trails, school crossing guard locations, crosswalks, connecting paths, senior and disabled resident snow clearing and other snow removal services as directed. 1.2 Our present vendor, GWS Landscaping Inc., was awarded CL2021 -24- Snow Clearing Services in the Fall of 2021. This vendor currently provides snow clearing services for municipal sidewalks, parking lots at municipal facilities, trails, school crossing guard locations, crosswalks and connecting paths through Parks. 1.3 In accordance with Clarington By-law #93-144, property owners are responsible for clearing snow, slush and ice from the sidewalks that are in front of, adjacent to, or in certain cases behind their homes and businesses. Municipal Law Enforcement officers respond to maintenance complaints and also enforce the conditions of the By-law. Future State 1.4 At the special budget meeting held on Monday, January 30, 2023, Council passed Resolution #GG-067-23 that approved capital funding in addition to the previously allocated capital funding on February 7, 2022 . With this available funding Council provided Public Works with direction to procure sidewalk snow clearing equipment to begin clearing arterial road sidewalks. 1.5 On March 24, 2023, Tender document CL2023-12 was issued for the procurement of the necessary sidewalk snow clearing equipment that later closed on April 11, 2023. 1.6 On June 12, 2023, FSD-024-24 report was approved during a regular Council meeting to procure five sidewalk snow clearing tractors with associated attachments. The Page 99 Municipality of Clarington Page 3 Report PWD-010-23 delivery date of this specialized equipment is expected during the week of September 18, 2023. 1.7 Maps included in Attachment 1 show the walking routes that currently receive winter maintenance in Clarington’s five urban areas of Bowmanville, Courtice, Newcastle, Orono and Newtonville. The maps identify the infrastructure that is currently being cleared by the vendor and also the new highlighted routes that will be managed by the Municipality. The proposed new level of service along Clarington’s arterial classed roadways will improve safety and connectivity for pedestrians. 2. Staffing New Staff 2.1 Public Works is requesting ten Light Equipment Operators (LEO) and one Supervisor to effectively provide this new level service. Five staff would be assigned to operate the sidewalk clearing machines while the other five staff would provide support by delivering salt and filling machines. Other duties for the filler crews would include snow removal at 131 existing pedestrian crossings, school crossing salt box filling and responding to customer service requests. Filler crews will also assist with snow removal at intersection crossing points within the main urban areas. The Supervisor would be responsible for the overall coordination of the sidewalk snow clearing service, staff scheduling, service request tracking and concern resolution. 2.2 Public W orks currently has three Supervisors that are directly related to the supervision of winter control activities. Each Supervisor is currently responsible for approximately 11-13 full time staff. To date in 2023, Public Works has received 675 winter control related work orders to which the Supervisors must review and respond. The new level of service is expected to generate a considerable number of additional work orders that would be beyond our current level of resources to properly manage. 2.3 During summer operations the ten light equipment operators will be distributed between the roads and parks divisions. Six light equipment operators will report to the Parks Supervisor and two to each Road Supervisor. 2.4 With the addition of these full-time staff members, Public Works will be able to eliminate the need to hire our annual compliment of eight temporary labourers that support our summer operations. The full-time positions would not only provide a more versatile workforce and support the new sidewalk snow clearing service but would also fill the gaps in the shoulder seasons before the temporary labourers and summer students are onboarded. Ongoing maintenance for areas such as sports fields, trails, parks and play structures will experience increased service levels. Page 100 Municipality of Clarington Page 4 Report PWD-010-23 2.5 The new Supervisor position will report to the Parks Division and also support forestry and cemetery services. The Parks Division currently only has one Supervisor with a summer staff complement of 36 consisting of 17 fulltime, four permanent part-time and 15 seasonals. The addition of a new Supervisor would result in a more acceptable Supervisor to staff ratio. This will create more divisional focus, improved staff coordination and allow for better overall maintenance for parks main tenance, sports fields maintenance, forestry services and cemetery services. The entire division is proposed to be led by a Manager of Parks Services that will be requested in the 2024 budget. 2.6 The increase in full time staff to provide this new level of service aligns with the departments future growth planning as described in the staffing business cases submitted as part of the 2024 budget. These positions will assist in shaping the Parks Services division and ensure that appropriate service levels continue to be met. 3. Financial Considerations 3.1 The financial implications required to properly resource this new level of service is outlined below. The breakdown identifies the increase in staffing costs based on a 12- month rate for the light equipment operators and the respective supervisor. Also included is the current annual budget allocated for the eight temporary labourers to show the reduction against the proposed increase. 3.2 Additional financial implications are shown for locations currently cleared by contracted services. Below is a breakdown showing the quantity of municipal sidewalks and pedestrian locations that will now be performed by municipal staff and associated contracted costs to offset the staffing level increases. Position Grade/Level 2024 Rate Supervisor Grade 8, Level 3 $114,403 Ten (10) Light Equipment Operator Code 3, 12 Month $630,460 New staffing cost $744,863 Offset Eight (8) Temporary Labourers Code 1, 6 Month $186,284 Offset sidewalk removed from existing contract 34 kilometers $130,110 Page 101 Municipality of Clarington Page 5 Report PWD-010-23 Offset pedestrian crossings removed from existing contract 131 locations $26,284 Total cost reduction $342,677 Net cost increase $402,185 Notes:  Staffing salaries above do not include annualized benefits.  Sidewalks & pedestrian crossing costs based on 20 annual winter control events and current contract pricing. 4. Concurrence This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Council approve the additional 11 full time staffing positions needed to facilitate the arterial roads sidewalk snow clearing program. The proposed staffing positions will not only support the new level of service but also continue to assist the Public Works Department in providing year-round maintenance on core infrastructure items and assist with achieving the departments goals of providing excellent customer service levels. Staff Contact: Brett Novak, Manager of Operations, 905-623-3379 Ext. 2909 or bnovak@clarington.net. Attachments: Attachment 1 – Sidewalk Snow Clearing Maps Interested Parties: The following interested parties will be notified of Council's decision: - All property owners currently fronting proposed arterial sidewalk locations. - Bowmanville, Newcastle and Orono Business Improvement Areas Page 102 Attachment 1 to Report PWD-010-23 Figure 1: Bowmanville map Page 103 Attachment 1 to Report PWD-010-23 Figure 2: Courtice map Page 104 Attachment 1 to Report PWD-010-23 Figure 3: Newcastle map Page 105 Attachment 1 to Report PWD-010-23 Figure 4: Orono and Newtonville map Page 106 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: CAO-018-23 Submitted By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Municipal Law Enforcement Service Delivery Review Recommendations: 1. That Report CAO-018-23 and any related delegations or communication items, be received; 2. That the recommendations contained in Attachment 1 of Report CAO-018-23, the Municipal Law Enforcement Service Delivery Review, be forwarded to Staff for an implementation plan; 3. That Council endorse the request for a full-time Clerk II position, to be funded out of gapping in 2023, and included in the 2024 budget; 4. That a full-time MLE Officer and a full-time Animal Shelter Clerk I (upgrading current part-time position) be included for consideration in the 2024 budget; and 5. That all interested parties listed in Report CAO-018-23 and any delegations be advised of Council’s decision. Page 107 Municipality of Clarington Page 2 Report CAO-018-23 Report Overview The Office of the Chief Administrative Officer completed a service delivery review of the Municipal Law Enforcement Division (MLE) over the course of 2023. Several opportunities for service enhancements are contained within the report: People and Process, Technology and Equipment, Standards and Services. It is important to note that this exercise was not an audit of the services and specific cases were not reviewed. 1. Background 1.1 This review was formally recognized and endorsed by Council in Report CAO-002-23, and was undertaken through the Office of the CAO. It marks the first comprehensive service delivery review undertaken internally at the Municipality. 1.2 This review provides insight into the needs of the MLE division and identifies ways to improve the overall efficiency and effectiveness of the operation. The scope included enforcement and related processes and practices (inclusive of some licensing/ permitting), but did not include the following services:  Animal services - not relating to animal by-law enforcement (e.g., animal licensing, adoptions, animal care)  Building code enforcement (under the jurisdiction of the Chief Building Official)  Fire inspection (under the jurisdiction of Fire Services)  Court processing Project Approach and Methodology 1.3 The service delivery review involved the following information and data collection actions:  Interviews with Municipal Law Enforcement full-time staff including manager, coordinator, MLEO II, MLEO I and clerks.  Interviews with Council regarding their concerns and comments on the enforcement services including feedback from constituents.  A public survey to provide feedback on the service, inclusive of the customer experience. The survey received 135 responses.  A benchmark survey was sent out and responded to by multiple municipalities, including several in Durham Region.  Review of policies, procedures, and current systems used within the MLE Division.  Additional information was received from other department staff to provide further clarity. This included Council Services and the IT Services divisions.  Data was used from internal systems and the provincial Financial Information Return (FIR) report. Page 108 Municipality of Clarington Page 3 Report CAO-018-23 2. Recommendations Summary 2.1 The attached Report includes 38 recommendations within the three categories – People and Process, Technology and Equipment, and Standards and Services. The sections focused on the following areas: 2.2 People and Process  Administration (culture, interdepartmental communications, and scheduling)  Clerical Support  Animal Services 2.3 Technology and Equipment  AMANDA Software  Telephone System – Queue Line  Vehicles  Office Space  Body Worn Cameras 2.4 Standards and Services  Service Levels (reporting functionality, key performance indicators, role of Council)  Parking (first attendance)  Licenses and Permitting  Property  Animal (enforcement and non-enforcement)  Community Engagement (information navigation and public education , and outreach) 2.5 As part of this report Staff are seeking Council support to prepare an implementation plan, particularly for the items that require further investment of time and resources. As a result, not all recommendations can be implemented immediately. Some items, s uch as the need to increase clerical support to ensure timely response to residents, are being requested for immediate implementation. 2.6 The proposed recommendations will provide an enhanced customer experience, increased reliance on data-driven decision-making, and provide productivity gains through the increased adoption of technology. It is important to note that this exercise was not an audit of the services and specific cases were not reviewed. Page 109 Municipality of Clarington Page 4 Report CAO-018-23 3. Financial Considerations 3.1 The estimated 2023 financial impact (all wages presented as fully burdened) for the Clerk II position, for the remaining 3 months, would be $18,883.03. This would be funded through gapping. 3.2 The 2024 budget impact, assuming the position is approved would be $77,524.04. 4. Concurrence This report has been reviewed by the Deputy CAO/Solicitor who concurs with the recommendations and will prepare the implementation report. The Deputy CAO/Treasurer also concurs with the recommendations. 5. Conclusion It is respectfully recommended that Council endorse the recommendations as set out in the service delivery review and direct staff to prepare an implementation plan. Staff Contact: Justin MacLean, Manager, Strategic Initiatives, jmaclean@clarington.net. Attachments: Attachment 1 – Municipal Law Enforcement Service Delivery Review Page 110 Municipal LawEnforcement Service Delivery Review Page 111 Municipal Law Enforcement Service Delivery Review | 1 Municipal Law Enforcement Service Delivery Review Table of Contents Background ....................................................................................................................................................................... 5 Project Overview ............................................................................................................................................................ 5 Project Approach and Methodology ............................................................................................................................... 5 Current State Assessment ................................................................................................................................................. 8 Services Provided .......................................................................................................................................................... 8 Customer Experience ..................................................................................................................................................... 8 Staffing ......................................................................................................................................................................... 12 Hours of Operation ....................................................................................................................................................... 14 Engagement .................................................................................................................................................................... 17 Public Survey Results .................................................................................................................................................. 17 Councillor Interviews .................................................................................................................................................... 17 Staff Interviews............................................................................................................................................................. 18 Continuous Improvement Efforts .................................................................................................................................. 18 Observations and Opportunities ...................................................................................................................................... 20 People and Process ..................................................................................................................................................... 20 P.1 – Administration ..................................................................................................................................................... 20 P.2 – Clerical Support .................................................................................................................................................. 22 P.3 – Animal Services .................................................................................................................................................. 23 People and Processes - Department Response .......................................................................................................... 25 Page 112 Municipal Law Enforcement Service Delivery Review | 2 Technology and Equipment ............................................................................................................................................. 26 T.1 - AMANDA Software .............................................................................................................................................. 26 T.2 - Telephone System – Queue Line ........................................................................................................................ 27 T.3 - Vehicles ............................................................................................................................................................... 28 T.4 – Office Space ....................................................................................................................................................... 29 T.5 – Body Worn Cameras ........................................................................................................................................... 29 Technology and Equipment - Department Response ................................................................................................... 31 Standards and Services ................................................................................................................................................... 32 S.1 - Service Levels ..................................................................................................................................................... 32 S.2 – Parking................................................................................................................................................................ 33 S.3 - Licensing and Permitting ..................................................................................................................................... 34 S.4 - Property ............................................................................................................................................................... 35 S.5 - Animal ................................................................................................................................................................. 36 S.6 - Community Engagement ..................................................................................................................................... 36 Standards and Services – Department Response ....................................................................................................... 38 Future Considerations ..................................................................................................................................................... 40 After-hours Enforcement Pilot ...................................................................................................................................... 40 Administrative Monetary Penalty System (AMPS) ....................................................................................................... 40 Recommendations Summary .......................................................................................................................................... 42 People and Process Recommendations ...................................................................................................................... 42 P.1 – Administration ..................................................................................................................................................... 42 P.2 – Clerical Support .................................................................................................................................................. 43 P.3 – Animal Services .................................................................................................................................................. 43 Page 113 Municipal Law Enforcement Service Delivery Review | 3 Technology and Equipment Recommendations ........................................................................................................... 44 T.1 - AMANDA Software .............................................................................................................................................. 44 T.2 - Telephone System – Queue Line ........................................................................................................................ 44 T.3 - Vehicles ............................................................................................................................................................... 44 T.4 – Office Space ....................................................................................................................................................... 45 T.5 – Body Worn Cameras ........................................................................................................................................... 45 Standards and Services Recommendations ................................................................................................................ 45 S.1 - Service Levels ..................................................................................................................................................... 45 S.2 – Parking................................................................................................................................................................ 45 S.3 - Licensing and Permitting ..................................................................................................................................... 45 S.4 - Property ............................................................................................................................................................... 46 S.5 – Animal ................................................................................................................................................................. 46 S.6 - Community Engagement ..................................................................................................................................... 46 Attachments ................................................................................................................................................................... 487 Attachment 1 – Survey Results (high-level data – no individual comments) ....................................................... 489 Attachment 2 – Municipal Law Enforcement Service Levels ................................................................................. 59 Attachment 3 – Current Organizational Structure of MLE Division ........................................................................ 64 Attachment 4 – PO1-004 Roles, Protocols and Expectations ............................................................................... 65 Page 114 Municipal Law Enforcement Service Delivery Review | 4 Page 115 Municipal Law Enforcement Service Delivery Review | 5 Background Project Overview Clarington has experienced significant growth over the last number of years and is projected to have a population of 115,800 in 2024, which will have a direct impact on the demand for Municipal Law Enforcement (MLE) Division services. The Municipality, as part of the Provincial agenda to build more homes, has committed to deliver 13,000 new homes by 2031 in Clarington. This service delivery review will provide insight into the needs of the MLE division and identify ways to improve efficiency and effectiveness of the operation. This was formally recognized and endorsed by Council in Report CAO-002-23. The scope includes a review of the enforcement structure and processes and practices both internal and external. Excluded from this review are the following services: Animal Services not relating to animal by-law enforcement (e.g., animal licensing, adoptions, animal care) Building code enforcement (under the jurisdiction of the Chief Building Official) Fire inspections (under the jurisdiction of Fire Services) Court processing Service delivery reviews are an integral part of any operation to ensure they remain current and efficient. The proposed recommendations will provide an enhanced customer experience, increased reliance on data driven decision making, and provide productivity gains through the increased adoption of technology. It is important to note that this exercise was not an audit of the services and specific cases were not reviewed. Project Approach and Methodology The service delivery review of MLE was undertaken in the first quarter of this year and involved the following information and data collection actions: Interviews with Municipal Law Enforcement full-time staff including manager, coordinator, MLEO II, MLEO I and clerks. Interviews with Council regarding their concerns and comments on the enforcement services including feedback from constituents. Page 116 Municipal Law Enforcement Service Delivery Review | 6 A public survey was conducted from March 8 to 26 for residents to provide feedback on the service, inclusive of the customer experience. The survey received 135 responses (Attachment 1). A benchmark survey (Attachment 2) was sent to 6 municipalities including Oshawa, Whitby, Ajax, Pickering, Caledon and Milton. Four of the six municipalities responded to the survey. Review of policies, procedures, and current systems used within the division (Attachment 3). Additional information was received from other department staff to provide further clarity. This included Council Services and the IT services divisions. Data from internal systems and the provincial FIR report was used. Page 117 Municipal Law Enforcement Service Delivery Review | 7 Page 118 Municipal Law Enforcement Service Delivery Review | 8 Current State Assessment Services Provided Municipal Law Enforcement responsiveness is driven by complaints from the community. Exceptions to this include parking infractions, school traffic, illegal road occupancy, boulevard obstructions, sidewalk snow clearing, parks, pets-at- large, and any situation that presents an immediate risk to public safety. The number of By-laws enforced is extensive. In addition to enforcement, MLE provides licensing for some services such as fireworks, refreshment vehicles, peddlers, taxi, dog/cat licenses and parking permits. The process followed by an officer responding to a complaint could include an initial investigation, following-up with contacts for further information, re-inspection, and possible notice/ticket/infraction issuance. Customer Experience MLE services can be accessed in-person, by email, over the phone, or through the web. Some licensing services are still required in person, but high-volume activities such as complaints and parking ticket payments can be completed digitally. The following charts summarize the total number of Parking complaints received (in-person, phone, or web), the total number of parking tickets issued and overall MLE complaints. Since 2017 overall occurrences have increased by 55% with MLE complaints increasing by 149% and parking tickets by 33%. Retaining staff in this area has been a constant challenge over the period reviewed. Table 1 - Parking Complaints and Parking Tickets Issued Breakdown Year Parking Complaints Annual Increase/ decrease (%) Parking Tickets Issued Annual Increase/ decrease (%) Total % Increase of Total 2017 706 7,830 8,536 2018 793 12% 8,976 15% 9,769 14% 2019 953 20% 12,850 43% 13,803 41% 2020 1282 35% 9,122 -29% 10,404 -25% Page 119 Municipal Law Enforcement Service Delivery Review | 9 2021 1328 4% 7,338 -20% 8,666 -17% 2022 1278 -4% 10,407 42% 11,685 35% Table 2 - MLE Complaints Year MLE Complaints Annual Increase/ decrease (%) 2017 1797 2018 2936 63% 2019 3654 24% 2020 4341 19% 2021 4905 13% 2022 4479 -9% Below is a chart that showcases the overall breakdown of the types of complaints received in 2022: Chart 1 - Breakdown of Complaints by Type Page 120 Municipal Law Enforcement Service Delivery Review | 10 The types of complaints are grouped as follows: Parking: parking, school enforcement Animal: exotic animal, kennel, responsible pet owner Public Safety (includes Public Safety-Nuisance): fireworks, open-air burning firearms, West Nile, snow removal, provincial orders, road occupancy Community Standards-safety: clean and clear, lot maintenance, property standards Nuisance: noise, loitering, public nuisance, drainage, parks Community Standards: boulevard, fortification, signs, fences, graffiti Land Use: apartment in-house, zoning Environmental: tree cutting, idling – parking, illegal dumping, site alteration Other: general, fence cost share, no category defined Licensing: peddler, refreshment vehicle The Council Services Division provides over-flow phone support for the MLE clerks, and delivers the following in-person services at the Municipal Administrative Centre (MAC): Parking o Ticket payments Page 121 Municipal Law Enforcement Service Delivery Review | 11 o Permits o Complaints o Arranging, and entering into appointment calendar, first attendance meetings. Property standards complaints (intake only) Refreshment vehicle licenses (intake only) Other (complaints – snow clearing, grass cutting, etc.) (intake only) Page 122 Municipal Law Enforcement Service Delivery Review | 12 Table 3 - In-person Interactions MLE Office and Clerks Counter at MAC Year Trulls MAC Total Trulls MAC 2017 991 1,957 2,948 34% 66% 2018 1,595 745 2,340 68% 32% 2019 2,226 891 3,117 71% 29% 2020 1,437 336 1,773 81% 19% 2021 950 157 1,107 86% 14% 2022 905 436 1,341 67% 33% The MLE division moved to the Trulls Road location in 2017. Since 2017, online payments and first attendance has been implemented which may be the cause of the decrease for in-person activity. In 2022, 67% of in-person transactions occurred at Trulls Road. The majority (90% in 2022) of the MLE transactions at the Clerk’s counter are parking ticket payments. MLE transactions represented 22% (436 of 1975) of the Clerk’s counter transactions in 2022. Telephone data was requested, but what is currently available does not provide meaningful insight. Changes will be required to improve both phone service and data collection to be able to digitize the information for more informed decision making. Staffing The MLE division is part of the Legislative Services Department. Currently there are 2 managerial positions, 8 full-time officers (3 – MLEO II, 5 – MLEO I), 4 part-time MLEO I, 2 clerks and 1 summer student. Animal Services is within MLE and has 1 supervisor, 2 full-time animal care attendants, 2 part-time animal care attendants,1 part-time clerk and 1 summer student. See Attachment 3 for the current structure of the MLE division. Page 123 Municipal Law Enforcement Service Delivery Review | 13 From the benchmark survey, below is the staffing compliment from the municipal comparators. Table 4 - Municipal Comparators (Staffing) Municipality Population Households Mgr / Super Officers Clerical Total Full-Time Part-Time Full-Time Part-Time Clarington 105,000 38,000 2 8 4 2 16 Oshawa* 183,800 66,847 4 28 4 3 35 Whitby 138,500 46,628 3 13 9 5 30 Pickering 94,941 32,612 3 10 5 to 7 3 21-23 Caledon 60,122 24,856 3 9 4 3 19 Milton* 134,304 40,492 3 11 2 4 20 When reviewing the staffing levels of the comparator group, all had more staff than Clarington, including Caledon, with a population of 60,122. Page 124 Municipal Law Enforcement Service Delivery Review | 14 Hours of Operation The MLE Division has publicly posted hours of operation on the Municipal website, which are highlighted below, including some additional staffing information: Table 5 - Clarington MLE Hours Days Hours Full-time Part-time Monday to Friday Office: 8:30 a.m. to 4:30 p.m. 6 full-time MLEO, 2 clerks, manager and coordinator work 8:30 a.m. to 4:30 p.m. 2 full-time MLEO scheduled 10 am to 6 pm September to April and noon to 8 pm May to August 4 PT MLEO I each working up to 24 hours per week with no restrictions as to days of the week or time of day. Saturday Office: 8 a.m. to noon and 1 p.m. to 4 p.m. (the last two Saturdays per month) 2 MLEO (varying between I or II) every Saturday. 1 Clerk the last two Saturdays of the month 4 PT MLEO I each working up to 24 hours per week with no restrictions as to days of the week or time of day. Sunday Office closed Overtime as needed 4 PT MLEO I each working up to 24 hours per week with no restrictions as to days of the week or time of day. Page 125 Municipal Law Enforcement Service Delivery Review | 15 Statutory Holidays Office closed Overtime as needed 4 PT MLEO I each working up to 24 hours per week with no restrictions as to days of the week or time of day. The Saturday office hours may be confusing, given that the office is only open to the public on the last two Saturdays of the month. However, this would change if there was a holiday weekend at the end of the month. For example, this would occur at the end of September 2023 when Truth and Reconciliation Day September 30 falls on a Saturday and the holiday is observed on Friday, September 29. This would be a holiday weekend and the office would be closed. Also, it has been noted by staff there are safety concerns with a single clerk working on a Saturday as the Officers are in the field. It has been observed by staff that there is little in-person traffic on Saturdays that the office is open. With the uncertainty around when the office is open on Saturday’s, it is difficult to ascertain if there is no need for Saturday in-person service or if the public simply doesn’t know they are open. Page 126 Municipal Law Enforcement Service Delivery Review | 16 Page 127 Municipal Law Enforcement Service Delivery Review | 17 Engagement Public Survey Results Over the survey period, 135 survey responses were received. Of those who responded to the “What was the purpose of your business” with MLE, the following were the top 3 responses: 50% Parking - Parking ticket, parking complaint 26% Made a complaint 13% Animal Complaint The data also highlighted a level of confusion related to who to contact for an animal related complaint (aggressive or barking dog, dog off-leash). 48% indicated they would contact Animal Services and 40% indicated they would contact MLE. Since the 2017 Animal Services Delivery Review, enforcement of such matters is with MLE. Also notable in the survey was the response to “should Clarington dedicate more resources to handling by-law complaints, understanding this may result in an increase in property taxes?”. Of the responses 44% indicated yes, 34% indicated no and 22% responded “I don’t know”. Councillor Interviews Members of Council indicated they received a variety of complaints on both sides of issues, ranging from a lack of enforcement to excessive enforcement. Notably, the majority of complaints received by Councillors were related to parking enforcement. There was also a common sentiment that communication with residents was lacking and needed to be improved. Emphasis was placed on the customer experience, and that there have been ongoing concerns that community members struggle to reach MLE staff over the phone and have to leave a voicemail. In some cases, the call will be returned when the resident is not available, when residents return the call, usually they must leave another message. There was also some concern related to a perceived lack of consistency on enforcement matters, inclusive of a lack of proactive enforcement overall. Page 128 Municipal Law Enforcement Service Delivery Review | 18 Staff Interviews Several staff interviews were conducted. All staff noted the increased volume and public expectations related to complaints over the past few years. This is fully supported in the increase in volume in both complaints and parking tickets identified in Tables 1 and 2 above. In general, staff felt that there was a decrease in civility from members of the public. There have been several cases where Durham Region Police Services (DRPS) have been contacted to deal with aggressive and abusive behaviour being displayed by members of the public towards MLE Officers. Staff indicated there were morale challenges within the MLE division. A shortage of vehicles was mentioned by all MLE Officers, which often results in them having to wait for an available vehicle, during core business hours. Many staff felt they were not fully comfortable or fully trained in the AMANDA system. Continuous Improvement Efforts As a result of the Organizational Structure Review conducted by Grant Thornton in 2019, the MLE function was migrated to the newly created Legislative Services Division. The intention was to lead to increased productivity, enhanced collaboration and communication, as well as efficiencies gained through improved human capital management and performance management. Staff indicate the journey to fulfil these aspirations is not complete, however, there have been some demonstrable improvements in the overall function of the MLE division. Some of these accomplishments include: Creation of an Investigations Procedure/Training Manual which includes service level expectations. Efficiencies to be gained through the introduction of a mobile payment solution for downtown Bowmanville parking. Ongoing implementation of the Municipal Business Solution software (AMANDA) and customer portal. Stabilization of staffed positions (no staff vacancies as of May 15, 2023). Creation of new licensing process for On-Farm Special Events. Traffic By-law amendments to address on-street parking permits. Implementation of secure file sharing procedures with prosecution services. Initial attempts to capture summary enforcement data for distribution to Council members. Establishment of training program for MLE Officers on the topics of evidence collection and witness preparation. In addition, several other initiatives in the MLE division are currently in progress. Special efforts like these compete with the day-to-day tasks and challenges. It is fully anticipated that the MLE division will be receptive to recommendations for change and will be committed to a culture of continuous improvement. Page 129 Municipal Law Enforcement Service Delivery Review | 19 Page 130 Municipal Law Enforcement Service Delivery Review | 20 Observations and Opportunities People and Process P.1 – Administration Culture It is understood that there are few regularly scheduled staff meetings held within the MLE division, with interactions happening on an ad-hoc basis. There is value in formalizing some of this communication into team/one-on-one meetings between management and staff members. This will be a critical component to enhancing the culture in the department and allow for more ongoing feedback and staff development. Interdepartmental Communications Communication between MLE and other departments could be improved to avoid customers being “passed around”. It is acknowledged that this is a shared responsibility, and that departments need to improve their collaboration to identify and eliminate such occurrences through better role clarity. The AMANDA system tracks complaint activity, but there remains confusion between MLE and other departments on certain files related to who is responsible for certain functions. Staff are often left to rely on the staff’s interpretation of who does what. To mitigate this, service level agreements between divisions and departments provide a written understanding of expectations and responsibilities for staff. In Oshawa, the MLE function has agreements with the departments it most frequently interacts with. These can be developed over time and will naturally evolve. If there is a gap in service these documents can help identify the source and not assume MLE will fill the gap. Scheduling There were several staffing gaps identified in the schedule, particularly pertaining to the confusion around the MLE Clerk II’s only being scheduled on the last two Saturdays of the month. These two Saturdays are when a Clerk II is present, but this then creates a scheduling gap during the week as that person has Monday off. Service issues occur the two Saturdays where only MLE Officers are working, and only periodically check for voicemail messages and email complaints. Page 131 Municipal Law Enforcement Service Delivery Review | 21 The website states the MLE office is closed on statutory holidays, but Officers are scheduled on some holidays. In addition, it is not clear on the website when the office is open to the public. For example, is it open to the public on Saturdays or do they only take phone calls. The Trulls Road location is currently within the Courtice Fire Hall, given the need to increase the full time fire service in this area, the MLE staff will have to vacate and move back to the MAC. Although space is limited, the introduction of hoteling for hybrid work arrangements and other changes will provide the opportunity for space. Recommendations Conduct weekly scheduled team meetings to provide ongoing feedback and staff development. Together with the Planning and Infrastructure, Public Works, Council Services and Fire and Emergency Services Departments, develop written service level agreements to clarify roles and responsibilities. This will ensure a clear understanding of roles, responsibilities, and expectations. Develop a consistent schedule for service and clearly communicate the schedule on the website. To avoid further confusion and address the staffing concerns on Saturdays, close the office to the public on Saturdays, with telephone support only. This will also provide an opportunity for clerical staff to address backlogs. For consistency and transparency, clearly identify on the website which holidays MLE Officers will be working, but that office will be closed. Hire a Clerk II to ensure adequate coverage and address the workload issues from the increased number of complaints and tickets. A staffing to demand analysis is required to understand the complete staffing requirement in this area. However, the data is not available to conduct this analysis. Once AMANDA is fully implemented and enough data points exist, this should be completed. However, given the current backlog and coverage required, a minimum of one Clerk II is required. Provide enhanced training to staff on expectations regarding in-person and phone support for residents to standardize the customer experience. In 2024 hire an additional MLE Officer to address service delivery issues. This assessment is strictly based on the existing backlog and an additional MLE Officer will bring Clarington to the same staffing level as Caledon, a municipality with a much smaller geographic footprint and 60,122 residents. This is a starting point as the data does not exist to conduct a complete staffing to demand analysis. Once improvements are made with full utilization of the available software, streamlined processes and the centralization of payments, the Business Improvement Specialist should complete a staffing to demand assessment for potential future budget consideration for MLE Officers. Page 132 Municipal Law Enforcement Service Delivery Review | 22 Given the pending increase in full-time fire service in Courtice and Bowmanville, MLE staff must move back to the MAC. This will allow for an MLE Clerk II to take payments on the ground floor with the other customer facing services. P.2 – Clerical Support Clerical staff currently manage the receipt of all complaints, which are received by telephone, email, in-person, and through the Municipal website (public portal). Once a complaint is received, the clerk is responsible for manually entering the details into the back end of the AMANDA system, if not received through the public portal. It is important to note that the information entered through the public portal still needs to be reviewed and deemed complete by a clerk before it is assigned to an officer. This requires extensive on the job training, and the clerk positions have historically been subject to considerable turnover. The clerks have other duties such as initiating work orders with contractors, verifying accounts payable invoices, preparation for invoicing property owners, processing business licences and permits, preparing items of correspondence as requested, and acting as administrative support for the Property Standards Committee. There are currently two full-time clerks, which provides limited flexibility if one is sick or on vacation. Additionally, the significant increase in complaints (149%) and parking tickets (33%) since 2017 has caused significant challenges to address customers in a timely manner and complete other assigned duties. Without a staffing to demand analysis it is not feasible to identify how many clerical staff are required, but it is reasonable to assume with the volume increase incurred and coverage requirements, a minimum of one additional Clerk II is required. The Council Services division at the MAC act as a back-up to answer phones and provide intake of complaints. Those staff provide additional support to the phone lines and email. However, this is an inefficient process as they are not able to provide the same level of service due to their own job responsibilities. This only adds to the frustration of the callers who are generally already unhappy. Staff in Council Services division would require cross training in AMANDA to enter complaints directly into the system, if there is to be a value-add. A formalized agreement does not exist between the MLE Division and the Council Services division to outline roles, responsibilities, and expectations of the support provided. In discussion with the Municipal Clerk, it is not feasible to take on any additional duties such as answering the phone as a back-up, given that it currently takes a considerable amount of time and they do not have the capacity. With the need for MLE to move back the MAC, this will provide the opportunity for the MLE Clerk II to be stationed on the main floor to deal with all related in-person activity. Page 133 Municipal Law Enforcement Service Delivery Review | 23 Recommendations Business Improvement Specialist to evaluate the complaint intake process to help with evaluating the effectiveness of the current process and outline necessary changes to improve customer service. Given the centralized approach to corporate customer service and the pending move from Trulls Road, one MLE Clerk II should be included in the front-line offering at the MAC. Purchase the phone queuing system for MLE phone support to ensure customers who want to speak to someone can reach a staff person who can assist in efficiently logging their complaint or have the ability to leave a message if they do not want to wait. A minimum of one Clerk II is required immediately to address the increased volume, coverage requirements and workload expectations. A staffing to demand assessment once the online portal and full utilization of AMANDA is complete should be conducted to ensure that clerical staffing is adequate with the established service standard. P.3 – Animal Services Although Animal Services was not part of the review, the components related to enforcement are, as the MLE Officers have duties in this area. As illustrated in the survey data, residents still contact the animal shelter for enforcement related matters. With only one part-time Clerk I assigned to the team, it causes the animal care attendants to fill the gaps, in addition to the supervisor. This is an inefficient use of staff time. When reviewing the Website to “report a problem – Animal related (barking, stray dog/cat, dog attack, stoop and scoop)” it was noted that the email generated goes to animalservices@clarington.net. MLE is responsible for enforcement of these matters, but the process falls to the part-time Animal Services Clerk I to enter the complaints into the AMANDA system, to be then assigned to an MLE officer. This approach further compounds the staffing challenges faced at Animal Services. Public complaints relating to animals should be clearly defined by which staff provide which service internally - the public should not be left to determine. Future staffing changes within the division may be an opportunity to revisit the structure at the shelter and within the Municipal Law Enforcement division. Recommendations There is an immediate need to convert the Clerk I position at the animal shelter to full-time as part of the 2024 budget (impact of $14,500). This will ensure sufficient coverage exists to deal with all clerical functions at the Animal Services Division. Page 134 Municipal Law Enforcement Service Delivery Review | 24 The website should be updated to have the animal services complaints sent to the MLE email address to ensure a clear line of communication between the public making the complaint and the office responsible to act. A clearly defined service level agreement should be prepared between Animal Services and MLE to ensure staff understand each area’s responsibilities and can effectively communicate this publicly. Page 135 Municipal Law Enforcement Service Delivery Review | 25 People and Processes - Department Response The Municipal Law Enforcement Division is committed to enhancing our services and improving internal processes. Actions taken to implement the recommendations outlined in the Municipal Law Enforcement Service Delivery Review are already underway. All service enhancements and key accomplishments will be documented with plans to publish a secondary report illustrating actions and qualitative results where measurable. P.1 - Administration Weekly team meetings will be scheduled on a recurring basis starting in September 2023. Staff will obtain copies of Oshawa’s interdepartmental Service Level Agreements to review. Management in identified departments to collaborate on how best to formalize and further establish roles, responsibilities, and expectations. Staff Schedule to be reviewed, with a view to eliminating the MLE Clerks Saturday shifts; website and phone messages will be reviewed for consistency of information. The Clerk II position was requested and declined in previous budgets, but will be included again in 2024 budget. Additional MLE Officers have been included in previous budget requests but declined; the request will be included again in 2024 budget. All staff refresher training on Roles, Protocols, and Expectations Procedures to be scheduled to reinforce customer service standards. Budget requests have been included to facilitate migration of MLE back to MAC in 2024. P.2 If the position is approved in the budget, an MLE Clerk will be stationed at front line counter at MAC. The phone queuing system is scheduled for implementation in September 2023. The implementation of the online Service Clarington Portal has noticeably improved the efficiency of MLE complaint intake and assignment. P.3 As noted in P.1, a request for a full-time Clerk has been included in the 2024 budget. The website has been updated to direct all animal related by-law complaints to the MLE Office. Animal complaints entered through the new Service Clarington Portal are directly assigned to MLE. Page 136 Municipal Law Enforcement Service Delivery Review | 26 Technology and Equipment T.1 - AMANDA Software MLE went live with the AMANDA system on November 7, 2022. The implementation of the AMANDA system faced several challenges both from a design and execution standpoint. The processes mapped into the software were not vetted through either a customer service or continuous improvement lens. Staff turnover also created issues that have impacted full adoption. Staff have been continuing to work with IT on the roll-out and functionality, as have the other municipal departments. Staff in MLE are not using the software to its full capacity, for example there are specific forms that can be filled out and modified for case files within the software, but these are not used. There remains a reliance on the previous forms, outside of the software. MLE Officers return to the office and will update the AMANDA file with images and notes from their phone. However, the updates to the AMANDA file could be done in the field with the Inspector App, limiting the need to return to the office. Twelve iPads were purchased for MLE in April of 2022, the system was live in November of 2022, but at the time of the review only one tablet was being used by the coordinator and the rest were still packaged in the office. Utilizing the app would also allow staff to assign files to officers while they are in the field. The Inspector Application is used for building inspection and roll-out has commenced in fire inspection. Officers have noted they require further training in the Inspector Application, and this should be undertaken immediately. The software has also had an impact on processes and corresponding training documents, which need to be updated with support from IT. It is however acknowledged that it has been a challenge for the MLE Manager to keep the training documents up-to-date as the software has been modified almost continuously since initial activation. Upon adoption, further investigation should take place to review the feasibility of installing printing equipment in vehicles, which would make the Officers more mobile and provide the ability to address more issues daily as well as deal with the office space concerns. As part of the AMANDA software contract, a public-facing portal was included to allow customers to access several Municipal services through it however at the time of the review was not ready for public use. From an MLE perspective, the most notable benefit would be the ability to file a complaint. It is imperative that any piece of public facing software be Page 137 Municipal Law Enforcement Service Delivery Review | 27 designed with the customer in mind, and staff are working with the vendor to make several changes to enhance the experience and functionality before full implementation. Licensing and permitting has been scoped to be available through the public portal, but due to the delayed launch the current process is inefficient. Applications are available on the website for download, to be submitted over email or in- person. Regardless of the method, payment is still required in-person, before the application can be processed. The application must be manually entered into the AMANDA software, after which the payment can be received, and the application process can be assigned to an officer or clerk for review. Recommendations The Business Improvement Specialists undertake a scoped review of the processes that were built into the software. It is critical that our processes be efficient, while maintaining legislative requirements, and have the customer journey in mind where possible. Ongoing staff training should be provided for staff to ensure all functionality of the AMANDA system is utilized. Exploration of the feasibility of installing mobile printers in MLE vehicles , which will allow the officers to save time to improve customer response times. Investment be made to update training documents to reflect the adoption of the AMANDA software. Prioritize assistance to IT to fully implement a customer portal for MLE services and all functionality the new system provides. T.2 - Telephone System – Queue Line Currently, there is one main line for MLE that is assigned to one clerk. The second clerk assists with this phone line when needed. The MLE service is sensitive given the nature of the work and resident/business interactions are constant, the lean compliment of clerical support creates a situation where service level response is extensively affected when a clerk is absent. The Council Services Division support has been an established standard to provide the additional coverage, but the value-add is limited. Staff within the Council Services Division are not cross-trained to enter complaints into the software for action by Officers. They simply answer the phone, take down details, and pass it along to a MLE clerk to call back later. These staff within the Council Services Division also provide support by monitoring the by-law general email. Although this assistance is helpful, without further cross-training to use the system, it is manual and contrary to efficiencies gained from the fully digital approach AMANDA provides. Page 138 Municipal Law Enforcement Service Delivery Review | 28 During this review, it was discovered that calls were no longer being transferred to the Council Services phone lines. Upon investigation it was determined the root cause was an upgrade related to the phone system that was initiated in mid- December of 2022. This was rectified at the end of March 2023. The new phone system functionality allows for a queuing feature to be enabled, which would put the call on hold until the call could be picked up. This system would benefit MLE as it would reduce the number of calls sent to voicemail during office hours. This system provides data for the number of calls per 15-minute increments, the maximum length of a call and a breakdown of call preset time lengths (such as under 10 seconds, under 60 seconds, under 180 seconds, up to over 540 seconds). There is also a report on abandoned calls during office hours when the queue is open. In discussions with MLE clerks, some calls can be lengthy. Residents want to tell the whole story. If receiving a complaint, it takes time to collect the information and the clerk often provides some education about the complaint process. The implementation of this change is done by the external consultant and has a lead time of 6-8 weeks with an estimated cost of $10,000. Recommendations IT/MLE should purchase, and implement, the phone queueing system to provide access to a live voice if the caller wishes to wait in the queue. This system will also provide relevant data to assess customer response rates and with time demand data, it will provide a better assessment of staffing needs to meet demand in general, by month and by day. A customer service lens should be applied to the phone response through the development of a standardized customer service model, as there are polite ways to keep the call succinct to obtain what is required by the clerk to start the file. Council Services does not have capacity to back-up MLE. Hiring an additional Clerk II and implementing the phone queuing system will remove the need for their assistance. T.3 - Vehicles Currently, the MLE division has 7 vehicles for officers to use. There are 8 full-time officers, 4 part-time officers and 1 summer student. When looking at the February schedule there are 3 - 6.5 hours instances from Tuesday to Friday where staff are short one vehicle. This is worse during the summer months when the full-time staff complement increases by way of the summer student. In addition, when a vehicle requires maintenance or repairs, there is no spare vehicle available. Page 139 Municipal Law Enforcement Service Delivery Review | 29 The MLEO vehicles do not have GPS systems. These systems provide an important safety measure for Staff and provide valuable information on the activities of municipally owned assets. This information is useful when responding to complaints regarding MLEO activities to quantifiably validate responses. Recommendations The MLE fleet should increase by two vehicles to ensure adequate coverage at all times. As a standard practice, GPS should be added to all existing and future municipal fleet vehicles. There are financial considerations but given the benefits of the data that is available, this should be prioritized, and any in-year savings used. T.4 – Office Space The office space at the Trulls Road location is full, based on the current configuration. The office houses 1 manager, 1 coordinator, 2 clerks, 8 MLEO,4 part-time MLEO and 4 fire prevention officers. Currently, the 8 MLEO each have a dedicated workspace and computer. Given the mobile nature of the position, dedicated office space is not necessary. In conversations with the IT division, a dedicated computer is not necessary. With a USER ID and password, the MLE Officers could use any computer to log in. Access to hoteling stations within the Municipality would be sufficient to support the MLE Officers. With the changes in the Fire Service in Courtice and Bowmanville, MLE will move back to the MAC. A mobile model for officers will be required as space is limited at the MAC and staff will have to fully embrace hoteling for those working less than 4 days in the office as well as positions of a mobile nature. This is already occurring with the Building Inspectors who currently have 5 workstations for 8 inspectors to use. All inspections are linked to their iPad through AMANDA so it is not always necessary for them to come into the MAC. This model has been in place since the Building Division moved to the first floor and has been working well. Recommendation AS MLE will move to the MAC, hoteling space will be provided for the officers to use when required. T.5 – Body Worn Cameras In recent years, more and more police services in Ontario have introduced the use of body worn cameras to record the interactions between police officers and members of the public. In a limited number of cases, municipalities have also Page 140 Municipal Law Enforcement Service Delivery Review | 30 begun to implement the use of body worn cameras by MLE Officers. The Body-Worn Cameras (BWCs) Policy from the City of Guelph highlights the following benefits: o Provide accurate and improve quality of evidence collection for investigative, judicial, and oversight processes; o Maintain transparency to ensure trust between our community, internal colleagues, and partner agencies; o Enhance accountability for both members of MLE and members of the community served by MLE; and o Provide information as to the effectiveness of MLE services procedures and training. The adoption of BWCs still remains controversial and is not the norm within municipal law enforcement, and there are no GTA municipalities are currently using this technology for MLE purposes. However, the municipalities of Brant County and the Town of Cobourg have recently adopted their use. It should be stated that the use of body worn cameras by police officers has routinely been justified in the media in the context of criminal investigations and specifically in circumstances in which a physical altercation has occurred between a police officer and a member of the public while in police custody. It needs to be emphasized that this rationale does not carry over to the duties performed by MLE Officers. Under no circumstances would an MLE Officer ever detain, arrest, take into custody, or initiate any physical contact with a member of the public. Recommendation Monitor the trend of body worn camera use by MLE, and if it becomes more prevalent in the GTA, conduct a cost/benefit analysis to determine the feasibility of adoption. Page 141 Municipal Law Enforcement Service Delivery Review | 31 Technology and Equipment - Department Response T.1 AMANDA MLE document templates have been identified as a priority for implementation in the coming months. The draft templates have already been created and accessibility standards review conducted. The content contained in the templates require one final review before going live. Formal training on the use of the Inspector App was provided to Officers in early July. The iPads are now operating at full utilization in the field by Officers. The App is very effective for less complex/routine investigations. Significant in-office time is still required when legal action is initiated, and for more complex enforcement matters involving property standards, zoning, site alteration, and dog biting incidents. AMANDA public-facing portal “Report a Problem” and licensing and permitting were activated in July 2023. Implementation has helped to streamline these processes for both the customer and staff. The recommendation to explore the cost and feasibility of mobile printers to be a future consideration. T.2 As noted in P.2, phone queuing system is scheduled for implementation beginning in September 2023. As noted in P.1 and P.3, an additional MLE Clerk position has been requested in the 2024 budget. T.3 Additional vehicles and GPS technology has been requested in the 2024 budget. Page 142 Municipal Law Enforcement Service Delivery Review | 32 Standards and Services S.1 - Service Levels Municipal Law Enforcement has an internal procedure PO1-004 Roles, Protocols and Expectations approved October 12, 2022, by the Deputy CAO/Solicitor (Attachment 4). With the implementation of AMANDA, the document requires some adjustments. The timing references are not consistent. For example, there are timelines of 4 weeks, 30 days, and 1 month under the column for “complete resolution”. Staff have indicated reporting of the service level expectations will commence in 2023. This data will provide internal management, senior staff, Council, and the public a snapshot of performance. If timelines are not being met it would provide an opportunity to gain a better understanding of resource allocation, process, etc. In accordance with the comparator data collected and the significant increase in activity both provided early in this report, the number of By-Law Officers is not adequate to provide a customer service model expected by Council and the residents as constant complaints are received on the timing of returned calls and action on files. However, without a staffing to demand analysis it is not feasible to use data to determine the exact number required. Reporting Functionality As data is now more readily available in AMANDA, the Municipal Law Enforcement Manger is working on developing a monthly communication summary to Council members relating to their individual wards expected to roll-out in 2023. The AMANDA software has the functionality to run various customizable reports pertaining to the service standards that have been set by the department. Standard summary reports should be run regularly to manage against those standards. Key Performance Indicators Key performance indicators are used by progressive, high-functioning operations, to monitor quantifiable results. This allows management to evaluate if expected standards are being met and adjust accordingly when they are not. MLE has recently begun using AMANDA to provide some statistical information, which is volume based. Role of Council Within P01-004, the Manager (or designate) assigns a priority level to each file (emergency, high, low, and routine) as well has the discretion to discern if a file is frivolous or vexatious. Council’s role is to set policy and expectations through by- Page 143 Municipal Law Enforcement Service Delivery Review | 33 laws and it is prohibited for them to interfere in how a file is handled. Although by-laws exist and the application of enforcement is established through the procedures document, a certain amount of discretion does exist in many circumstances with the officer. Council’s role in municipal enforcement is outlined in policy F14 Enforcement Policy, last updated in January 2021. Other municipalities, such as the City of Oshawa, provide reports to Council on MLE service levels and other statistical data. This would be a useful exercise to undertake to provide Council with insights into the operations. Recommendations Monthly reporting should be generated from the AMANDA system to the MLE management staff to review and monitor service levels. Any exceptions to the service levels should be documented and action taken to address the root cause. Regular monitoring of the service levels is an integral component of ensuring service expectations are met. As customer service standards are reported, it is recommended that these reports provide the basis of the update meetings between the Manager and officers. The Division should establish a set of key performance indicators and provide a monthly public scorecard. Although volume statistics are useful, productivity statistics provide insight into how well the service is being delivered. A semi-annual report to Council on municipal law enforcement key performance indicators should be implemented. S.2 – Parking There are several parking activities overseen by the MLE staff. The most significant would be the issuing of parking infractions and payment. Parking enforcement is guided by the Traffic By-law 2014-059. This by-law is regularly reviewed and there have been many amending by-laws made. MLE also coordinates with DRPS on school zone blitzes to address problem parking in school zones before and after school hours. Tickets are issued through the gtechna software by MLE officers. Tickets can be paid online through a link on the municipal website or in person. If a ticket is not paid after a prescribed time, Clarington sends them a “Notice of Impending Conviction” (NIC); if not paid the ticket is forwarded to the Provincial Offences Court. Once the ticket is transferred, the ticket holder must deal with the Provincial Offences Court. In 2022, 4,132 NICs were processed (40% of tickets issued). Page 144 Municipal Law Enforcement Service Delivery Review | 34 A ticket holder can dispute a ticket through Clarington’s First Attendance meeting. Currently the ticket holder would call the MLE office and book a 15-minute telephone meeting to discuss the ticket. Through this process, a ticket can be cancelled, reduced, or upheld. First Attendance First attendance meetings are a legislated process that allows individuals to dispute a parking ticket within 15 days of issuance. A significant amount of time is spent on First Attendance meetings. These are currently only booked and offered over the phone. A digital booking and screening option would alleviate some of the time pressures from the manual system. This will reduce the call volume currently being fielded by the Clerk II’s. In 2022, 927 First Attendance meetings were held and 221 have been held to-date in 2023. Currently, the Coordinator blocks 6 hours a week for these meetings – and they are booked in 15-minute increments. The Manager or another Officer are the back-up. Screening Officers are used to deliver this function in several municipalities such as Pickering, Markham, and Mississauga, among others. The process that a municipality can follow is dependent on if an Administrative Monetary Penalty System (AMPS) system is being used. There is an ability to streamline this intake review process and reduce time spent by all involved (customer and MLE staff). Recommendation IT to undertake a review of the online dispute mechanisms used by the municipalities listed to determine how Clarington could best implement one to realize the efficiencies. S.3 - Licensing and Permitting Licensing and permitting is not clearly delineated and the customer experience and documents available online are disjointed. Most applications are available to be printed on the municipal website and the filing and payment process challenges were noted above. Several of the forms require updating as the contact information is out of date, standardization is also an issue noted. The AMANDA system will allow for the public to file and pay for licenses and permits in July 2023. Page 145 Municipal Law Enforcement Service Delivery Review | 35 Recommendations All application forms should be reviewed on a cyclical basis to ensure accuracy and consistency. The Business Improvement Specialist should be engaged to review the licensing and permitting process across the organization. S.4 - Property Property related complaints cover a wide range of issues and cross into various departments/divisions within the Municipality. Clear communication, both with the public and between departments is critical to effective service delivery. Examples include: Table 6 - Property Related MLE Complaints Category Types of Complaints Community Standards Boulevard, fortification, signs, fences, graffiti Community Standards – Safety Clean & clear, lot maintenance, property standards (By-law 2007-070) Public Safety Snow removal (sidewalks), fireworks, open-air burning, firearms, West Nile, Provincial orders, road occupancy Nuisance Noise, loitering, public nuisance, trespass to property, drainage, parks, lighting Land Use Apartment in house, zoning Environmental Waste material, idling-parking, illegal dumping, site alteration-fill, tree cutting, Recommendation The development of a SLA between the various departments/divisions will clarify responsibilities, expectations (internal and external) and process for the overlapping issues. Page 146 Municipal Law Enforcement Service Delivery Review | 36 S.5 - Animal Animal Enforcement MLE officers are rotated through as Animal Officer of the week to undertake enforcement related activities, but there is no dedicated office space at the animal shelter for the officer. Non-enforcement There are several non-enforcement animal related services that are undertaken by MLE Officers, such as removal of dead animals, injured wildlife, and stray animal management. Over the past two years, annually there have been approximately 200 dead animal pick-ups, requiring a sizable amount of MLE staff time. This service does not fit neatly within the overall scope of MLE officers, yet animal services is not staffed appropriately to undertake the work. As part of the municipal benchmarking exercise, it was noted that the City of Oshawa has contracted out this service to their Public Works department. Recommendations To streamline the focus of the Animal Services division, contract out dead animal pick-up (estimated at $20,000 per year). To create greater coordination between Animal Services and MLE, a touchdown space should be created at the animal shelter and used by the Animal Officer of the week. S.6 - Community Engagement Information Navigation With the number of new residents, outside of our expected long-term growth, it is expected that there will be a significant number of people who are looking to learn about our by-laws. Particularly given that they can vary by community. The current location of Clarington by-laws on our municipal website is not user friendly and challenging to find. Page 147 Municipal Law Enforcement Service Delivery Review | 37 Public Education and Outreach MLE has created pamphlets on certain by-laws in the past but there is no proactive effort to distribute them to residents. There is a need for more active communication with residents to educate and communicate on by-laws and enforcement standards. Municipal enforcement does have seasonal peaks so a focused campaign could target common problems such as parking, snow clearing for sidewalks, grass cutting, and responsible pet ownership. Recommendation A comprehensive public engagement framework should be established to inform residents actively and regularly, particularly those in new neighbourhoods. Municipal Communications Staff should assist in the development of the framework and corresponding process used. Page 148 Municipal Law Enforcement Service Delivery Review | 38 Standards and Services – Department Response S.1 Monthly information updates will commence in the near future with a focus on both volume and productivity reporting. S.2 First attendances have been recently modified to make improvements including delegation of this task to full-time officers. An online booking option for first attendances would be of benefit to the public and administrative staff. It is proposed that appointments remain at a personal level between the requester and screener (i.e. telephone or video conference). S.3 License application forms will be scheduled for periodic review and revision. S.5 As part of the 2024 budget process, we are consulting with Public Works about the potential to contract out pick-up of animal remains. S.6 Initial efforts have been made to enhance public communication and education with further initiatives to follow in collaboration with staff in the Communications Division. Page 149 Municipal Law Enforcement Service Delivery Review | 39 Page 150 Municipal Law Enforcement Service Delivery Review | 40 Future Considerations After-hours Enforcement Pilot The Town of Whitby recently undertook an after-hours pilot project in response to concerns from council and the community. Residents had the ability to speak directly with an officer on duty between 9pm and 3am Thursday to Sunday nights from May to October. This was identified as the time through which the majority of noise complaints occur. Whitby Council recently voted to extend the pilot and explore the option of making the service permanent through the 2024 budget. Once the initial set of recommendations are implemented, a service offering like this should be explored to address service level gaps. Administrative Monetary Penalty System (AMPS) Administrative Monetary Penalties or AMPS is an alternative service delivery mechanism to the Provincial Offences Act (POA) Court. Currently unpaid parking tickets and other offences are sent the POA Court at the Region after a prescribed period. Once a ticket is passed on, the Municipality has not control or access so the customer must go through the POA Court. The POA Courts process can be lengthy and costly. If a payment is made at POA, the court system deducts their fees, and the municipality will only receive a portion of the fines collected. Under an AMPS program, should a customer disagree with a screening officers’ decision, the matter would be referred to an independent instead of through the POA Court. Implementing an AMPS requires significant time, cost, and additional staff to set up. An AMPS can be set up to include other municipal fines and penalties beyond parking tickets. Consideration should be given to any future software procurement and implementation on how it would be able to integrate an AMPS in the future. The trend is shifting towards adopting these systems given the efficiencies that can be gained upon successful implementation. Page 151 Municipal Law Enforcement Service Delivery Review | 41 Page 152 Municipal Law Enforcement Service Delivery Review | 42 Recommendations Summary People and Process Recommendations P.1 – Administration Conduct weekly scheduled team meetings to provide ongoing feedback and staff development. Together with the Planning and Infrastructure, Public Works, Council Services and Fire and Emergency Services Departments, develop written service level agreements to clarify roles and responsibilities. This will ensure a clear understanding of roles, responsibilities, and expectations. Develop a consistent schedule for service and clearly communicate the schedule on the website. To avoid further confusion and address the staffing concerns on Saturdays, close the office to the public on Saturdays, with telephone support only. This will also provide an opportunity for clerical staff to address backlogs. For consistency and transparency clearly identify on the website which holidays MLE Officers will be working, but that office will be closed. Hire a Clerk II to ensure adequate coverage and address the workload issues from the increased number of complaints and tickets. A staffing to demand analysis is required to understand the complete staffing requirement in this area. However, the data is not available to conduct this analysis. Once AMANDA is fully implemented and enough data points exist, this should be completed. However, given the current backlog and coverage required, a minimum of one Clerk II is required. Provide enhanced training to staff on expectations regarding in-person and phone support for residents to standardize the customer experience. In 2024 hire an additional MLE Officer to address service delivery issues. This assessment is strictly based on the existing backlog and an additional MLE Officer will bring Clarington the same staffing level as Caledon, a municipality with a much smaller geographic footprint and 60,122 residents. This is a starting point as the data does not exist to conduct a complete staffing to demand analysis. Once improvements are made with full utilization of the available software, streamlined processes and the centralization of payments, the Business Improvement Specialist should complete a staffing to demand assessment for potential future budget consideration for MLE Officers. Page 153 Municipal Law Enforcement Service Delivery Review | 43 Given the pending increase in full time fire service in Courtice and Bowmanville, MLE staff must move back to the MAC. This will allow for an MLE Clerk II to take payments on the ground floor with the other customer facing services. P.2 – Clerical Support Business Improvement Specialist to evaluate the complaint intake process to help with evaluating the effectiveness of the current process and outline necessary changes to improve customer service. Given the centralized approach to Customer service at the MAC and the pending move from Trulls Road, provides the opportunity for an MLE counter on the first floor for customer support with the other front-line services offered. One MLE Clerk II should be included in the first-floor customer support model. Purchase the phone queuing system for MLE phone support to ensures customers who want to speak to someone reaches a staff person who can assist in efficiently logging their complaint or they can leave a message if they do not want to wait. A minimum of one Clerk II is required immediately to address the increased volume, coverage requirements and workload expectations. A staffing to demand assessment once the online portal and full utilization of AMANDA is complete should be conducted to ensure that clerical staffing is adequate with the established service standard. P.3 – Animal Services There is an immediate need to convert the Clerk I position at the animal shelter to full-time as part of the 2024 budget (impact of $14,500). This will ensure sufficient coverage exists to deal with all clerical functions at the animal services division. The website should be updated to have the animal services complaints sent to the MLE email address to ensure a clear line of communication between the public making the complaint and the office responsible to act. A clearly defined service level agreement should be prepared between Animal Services and MLE to ensure internally staff understand each area’s responsibilities and can effectively communicate this publicly. Page 154 Municipal Law Enforcement Service Delivery Review | 44 Technology and Equipment Recommendations T.1 - AMANDA Software The Business Improvement Specialists undertake a scoped review of the processes that were built into the software. It is critical that our processes be efficient, while maintaining legislative requirements, and have the customer journey in mind where possible. Ongoing staff training should be provided for staff to ensure all functionality of the AMANDA system is utilized. Exploration of the feasibility of installing mobile printers in MLE vehicles, which will allow the officers to save time to improve customer response times. Investment be made to update training documents to reflect the adoption of the AMANDA software. Prioritize assistance to IT to fully implement a customer portal for MLE services and all functionality the new system provides. T.2 - Telephone System – Queue Line IT/MLE should purchase, and implement, the phone queueing system to provide access to a live voice if the caller wishes to wait in the queue. This system will also provide relevant data to assess customer response rates and with time demand data, it will provide a better assessment of staffing needs to meet demand in general, by month and by day. A customer service lens should be applied to the phone response through the development of a standardized customer service model, there are polite ways to keep the call succinct to just what is required by the clerk to start the file. Council Services does not have capacity to back up MLE. Hiring an additional Clerk II and implementing the phone queuing system will remove the need for their assistance. T.3 - Vehicles The MLE fleet should increase by two vehicles to ensure adequate coverage at all times. As a Standard practice GPS should be added to all existing and future municipal fleet. There are financial considerations but given the benefits of the data that is available, this should be prioritized, and any in-year savings used. Page 155 Municipal Law Enforcement Service Delivery Review | 45 T.4 – Office Space AS MLE will move to the MAC, hoteling space will be provided for the officers to use when required. T.5 – Body Worn Cameras Monitor the trend of body worn camera use by MLE, and if it becomes more prevalent in the GTA, conduct a cost/benefit analysis to determine the feasibility of adoption. Standards and Services Recommendations S.1 - Service Levels Monthly reporting should be generated from the AMANDA system to the MLE management staff to review and monitor the service levels. Any exceptions to the service levels should be documented and action taken to address the root cause. Regular monitoring of the service levels is an integral component of ensuring service expectations are met. As customer service standards are reported, it is recommended that these reports provide the basis of the update meetings between the Manager and officers. The Division should establish a set of key performance indicators and provide a monthly public scorecard. Although volume statistics are useful, productivity statistics provide insight into how well the service is being delivered. A semi-annual report to Council on municipal law enforcement key performance indicators should be implemented. S.2 – Parking IT to undertake a review of the online dispute mechanisms used by the municipalities listed to determine how Clarington could best implement one to realize the efficiencies. S.3 - Licensing and Permitting All application forms should be reviewed on a cyclical basis to ensure accuracy and consistency. The Business Improvement Specialist should be engaged to review the licensing and permitting process across the organization. Page 156 Municipal Law Enforcement Service Delivery Review | 46 S.4 - Property The development of a SLA between the various departments/divisions will clarify responsibilities, expectations (internal and external) and process for the overlapping issues. S.5 – Animal To streamline the focus of the Animal Services division, contract out dead animal pick-up (estimated at $20,000 per year). To create greater coordination between Animal Services and MLE, a touchdown space should be created at the animal shelter and used by the Animal Officer of the week. S.6 - Community Engagement A comprehensive public engagement framework should be established to inform residents actively and regularly, particularly those in new neighbourhoods. Municipal Communications Staff should assist in the development of the framework and corresponding process used. Page 157 Municipal Law Enforcement Service Delivery Review | 47 Page 158 Municipal Law Enforcement Service Delivery Review | 48 Attachments Attachment 1 – Survey Results (high-level data – no individual comments) Attachment 2 – Municipal Law Enforcement Service Levels Attachment 3 – Current Organizational Structure of MLE Division Attachment 4 – PO1-004 Roles, Protocols and Expectations Page 159 Municipal Law Enforcement Survey 1 / 16 33.82%46 36.03%49 23.53%32 6.62%9 Q1 Have you had any dealings with Municipal Law Enforcement Services? Answered: 136 Skipped: 0 TOTAL 136 0%10%20%30%40%50%60%70%80%90%100% No Yes, in the past year. Yes, in the past two to... Yes, more than five years a... ANSWER CHOICES RESPONSES No Yes, in the past year. Yes, in the past two to five years. Yes, more than five years ago. Page 160 Munic ipal Law Enf orc ement Survey 2 / 16 Q2 What was the purpose of your business? (Select all that apply.) Answered: 70 Sk ipped: 66 0%10%20%30%40%50%60%70%80%90%1 00% Animal (Animal complaint) General infor mation Made a compl aint Parking (Parking... Licensing (Refreshment... Property standards (L... Recipient of a complaint/in... Sidewal k s now removal Sign (Sign compl aint) Zoning (Site al teration) Other (please specify) Page 161 Munic ipal Law Enf orc ement Survey 3 / 16 12.86%9 11.43%8 25.71%18 50.00%35 1.43%1 11.43%8 2.86%2 15.71%11 2.86%2 1.43%1 12.86%9 Total Respondents : 70 #OTHER (PLEASE SPECIFY)DATE 1 Blocking of public road preventing ac c es s for emergenc y vehicles 3/23/2023 5:05 PM 2 I receiv ed a t ick et for the trunk of my car being ov er the sidewalk in my driv eway 3/21/2023 11:06 AM 3 Mutual fenc e 3/17/2023 4:35 PM 4 Firework s 3/11/2023 8:37 PM 5 Noise c omplaint 3/10/2023 8:18 PM 6 Car ac cident 3/10/2023 12:00 PM 7 Noise 3/10/2023 11:14 AM 8 Noisy neighbour 3/10/2023 10:44 AM 9 Entered my yard as king f or building permits for a shed, whic h were display ed on my front window 3/9/2023 2:14 PM ANSWER CHOICES RESPONSES Animal (Animal complaint) General information Made a complaint Parking (Parking tic k et, park ing complaint ) Lic ens ing (Ref res hment vehic le, pedlar) Property st andards (Long grass, garbage) Recipient of a complaint /investigation Sidewalk s now remov al Sign (Sign complaint) Zoning (Site alteration) Other (please s pecify) Page 162 Munic ipal Law Enf orc ement Survey 4 / 16 25.71%18 15.71%11 30.00%21 28.57%20 Q3 How did you contact the municipality? Answered: 70 Sk ipped: 66 TOTAL 70 0%10%20%30%40%50%60%70%80%90%1 00% Email In-person Onl ine (w ebsit e) Phone ANSWER CHOICES RESPONSES Email In-person Online (webs ite) Phone Page 163 Munic ipal Law Enf orc ement Survey 5 / 16 Q4 Please indicate how strongly you agree or disagree with the following statements. Answered: 70 Sk ipped: 66 The l ocatio n of the... The hours w orked by... Submitting my complaint w a... Page 164 Munic ipal Law Enf orc ement Survey 6 / 16 I r eceived communicatio... M y issue or complaint w a... I w as satisfied w i... Page 165 Munic ipal Law Enf orc ement Survey 7 / 16 11.43% 8 21.43% 15 38.57% 27 11.43% 8 10.00% 7 7.14% 5 70 1.43% 1 25.71% 18 27.14% 19 17.14% 12 17.14% 12 11.43% 8 70 11.59% 8 49.28% 34 13.04% 9 8.70% 6 5.80% 4 11.59% 8 69 10.14% 7 23.19% 16 18.84% 13 23.19% 16 11.59% 8 13.04% 9 69 13.04% 9 18.84% 13 13.04% 9 26.09% 18 27.54% 19 1.45% 1 69 14.49% 10 20.29% 14 13.04% 9 26.09% 18 18.84% 13 7.25% 5 69 8.70% 6 20.29% 14 13.04% 9 31.88% 22 23.19% 16 2.90% 2 69 0%10%20%30%40%50%60%70%80%90%1 00% Strongly ag…Agree Neither agr…Disagree Strongly dis…N/A Over all, I was sat isfied wi... STRONGLY AGREE AGREE NEITHER AGREE NOR DISAGREE DI SAGREE STRONGLY DI SAGREE N/A TOTAL The loc ation of the Municipal Law Enforc ement of fice meets my needs. The hours work ed by Municipal Law Enforc ement of ficers meets my needs. Submitt ing my c omplaint was eas y. I rec eiv ed c ommunic ation at important steps in the process . My is sue or complaint was res olved. I was satis fied with my interac tions with staff. Ov erall, I was sat isfied wit h the proc ess. Page 166 Munic ipal Law Enf orc ement Survey 8 / 16 48.91%45 40.22%37 0.00%0 10.87%10 Q5 Who would you contact for an animal complaint (aggressive or barking dog, dog off-leash)? Answered: 92 Sk ipped: 44 TOTAL 92 0%10%20%30%40%50%60%70%80%90%1 00% Animal Services Municipal Law Enforcement Tow n hal l Don't know ANSWER CHOICES RESPONSES Animal Servic es Municipal Law Enforcement Town hall Don't know Page 167 Munic ipal Law Enf orc ement Survey 9 / 16 43.96%40 34.07%31 21.98%20 Q6 Should Clarington dedicate more resources to handling by-law complaints, understanding this may result in an increase in property taxes? Answered: 91 Sk ipped: 45 TOTAL 91 0%10%20%30%40%50%60%70%80%90%1 00% Yes No I don’t know ANSWER CHOICES RESPONSES Yes No I don’t know Page 168 Municipal Law Enforcement Service Delivery Review | 1 Attachment 2 Municipal Law Enforcement Service Levels (P01-004) By-law Sub-type Initial Response Complete Resolution Animals - Exotic General 3 business days 30 days Animals - Kennel General 3 business days 30 days Animals - Responsible Pet Owners Emergency, Unsafe Condition (including dog bites) 1 business day 3 days Animals - Responsible Pet Owners General (outside of emergency) 3 business days 30 days Apartments-in-house General 3 business days 3 months Boulevard General 3 business days 4 weeks Boulevard Site Obstruction 1 business day 1 week Clean and Clear Debris, Grass and Weeds 3 business days 4 weeks Clean and Clear West Nile (i.e. stagnant water) 2 business days 1 week Discharge of Firearms General 3 business days 1 week Firearms - Replica General (e.g. Sales) 3 business days 1 week Page 169 Municipal Law Enforcement Service Delivery Review | 2 By-law Sub-type Initial Response Complete Resolution Drainage General 1 week 3 months Fence and Site Triangle Emergency, Unsafe Condition (including Pool Enclosure) 1 business day 1 business day Fence and Site Triangle Exceed Height Restrictions 3 business days 4 months Fence and Site Triangle Pool Enclosure, non-emergency, non-compliance 3 business days 2 months Fence and Site Triangle Site Construction 1 business day 4 months Fireworks After the fact (at the time is dealt with by Fire Services) 1 week 1 week Fortification General 1 week 3 months Graffiti General 3 business days 1 month Idling General 1 business day 1 week License - Auctioneer Operate Contrary to Regulations 1 week 4 weeks Page 170 Municipal Law Enforcement Service Delivery Review | 3 By-law Sub-type Initial Response Complete Resolution License - Peddlers Operate Contrary to Regulations 1 week 4 weeks License - refreshment Vehicles Operate Contrary to Regulations 3 business days 4 weeks License - Special Events Operate Contrary to Regulations 1 business day 4 weeks License Vehicles for Hire Operate Contrary to Regulations 1 week 4 weeks Littering General 2 business days 5 business days Noise General 3 business days 3 months Nuisance General 3 business days 3 months Open Air burning After the fact (at the time is dealt with by Fire Services unless we have an officer available in which case it would be deemed an Emergency Priority) 1 week 1 week Parks General 2 business days 1 week Page 171 Municipal Law Enforcement Service Delivery Review | 4 By-law Sub-type Initial Response Complete Resolution Property Standards Emergency, Unsafe Conditions - No Heat, Open Well, Unfenced Pool 1 business day 1 business day Property Standards Emergency, Unsafe Conditions - Outside of No Heat 1 business day 1 month Property Standards Outside of Unsafe Conditions 3 business days 4 months Road Occupancy Illegal 1 week 3 months Sign Illegal 1 week 3 months Site Alteration General 2 business days 4 months Skateboards General 1 business day 1 business day Snow & Ice Removal General 1 business day 3 business days Traffic Parking General 3 business days 1 business day * to be corrected Traffic Parking Overnight, Weekend, School Zone 1 week 1 week Page 172 Municipal Law Enforcement Service Delivery Review | 5 By-law Sub-type Initial Response Complete Resolution Traffic Unauthorized Parking (Private Property) 2 weeks 1 month Trees Clear-cutting lots 1 business day 2 weeks Waste Materials General 2 business days 5 business days Zoning Illegal Use 5 business days 4 months Page 173 Deputy CAO/SolicitorDeputy CAO/Solicitor Municipal Law Enforcement Manager Municipal Law Enforcement Manager Enforcement Coordinator Enforcement Coordinator 3 MLEO II 3 MLEO II 5 MLEO I 5 MLEO I Animal Services Supervisor Animal Services Supervisor 2 Clerk II 2 Clerk II 4 MLEO I 4 MLEO I 1 Student 1 Student 2 Animal Care Attendent 2 Animal Care Attendent 2 Attendant 2 Attendant 1 Clerk I 1 Clerk I 1 Student 1 Student Municipal Law Enforcement Division Non-AffiliatedNon-Affiliated Affiliated-UnionAffiliated-Union Part-Time/StudentPart-Time/Student Page 174 Legislative Services Municipal Law Enforcement Division Departmental Procedure Approved by: Duncan Anderson/Rob Maciver Procedure Number P01-004 Approval Date: October 12, 2022 Title: Roles, Protocols, and Expectations Revision Date: 1.Purpose The Municipality of Clarington is committed to providing residents a vibrant and safe community. In so doing, Municipal Law Enforcement staff shall ensure that, where an incident or series of events have occurred, that the matter is promptly and thoroughly investigated and responded to in accordance with prevailing legislation and Municipal by-laws. 2.Definitions Clerk means the Clerk II serving the Municipal Law Enforcement Division or any other member of the Clerk’s Division who may be receiving and logging incoming complaints. MLEO or Officer means Municipal Law Enforcement Officer. OTS means the occurrence tracking system database. POA means Provincial Offences Act. 3.Procedure 3.1. Receipt of Complaint/Notice of Issue 3.1.1. Appendix 5 is an overview of the investigation steps. 3.1.2. Where a matter of concern is brought to the attention of a Staff Member (Clerk or Officer), the individual receiving the information in person, by call or via email will record the matter into the OTS, while ensuring all required information is recorded. 3.1.3. If the complainant is unwilling to provide their name and contact information (address and phone number), they are to be advised that the Division will not respond to, or investigate, anonymous matters. Members Page 175 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 2 | Page of Council will be similarly advised that Officers require the name, address, and phone numbers of the original complainant. 3.1.4. If a resident is adamant that they will not provide their personal information, and if in the judgement of the Manager of Municipal Law Enforcement or the Municipal Law Enforcement Coordinator the nature of complaint poses a significant risk to health or safety of public, the information will be entered in the OTS and dispatched. 3.1.5. Investigations will be assigned to Officers based on their designated patrol areas. In addition, the MLEO File Assignment Guidelines (Appendix 2) shall be followed when assigning files. MLEO II may be assigned files from either column in the table in Appendix 2, provided they have the necessary training and experience. Complaint files may be assigned by the Clerk in accordance with this Procedure as well as the Enforcement Policy and other relevant departmental or corporate directives. Files may also be assigned to Officers by the Manager or Coordinator of the Division at their discretion. 3.1.6. On receipt of a complaint, the complainant shall be notified, at the Clerk’s earliest opportunity, that their complaint has been received, the name of the Officer who will be investigating the matter, and the OTS Number. 3.1.7. The Clerk/MLEO will ensure that during all calls received, residents are provided with the information required to adequately understand the role of Municipal Law Enforcement, and the extent of our ability to assist them with their concern. General information may be provided to assist them in finding a solution, including information on our website or re-directing to another Department. 3.1.8. All property standards concerns must be received in writing (including email, written hardcopy or online complaint form) and the details shall be entered in the OTS by a Clerk or MLEO. Where a person is unable to submit in writing, they shall be offered the option to attend the MLE Office and a staff member may assist them in documenting their concerns. If receipt of a handwritten, email or typed response is not received the file may be entered in the OTS as information only and no further action taken, unless there is an imminent threat to public safety. Page 176 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 3 | Page 3.1.9. Where an external complaint is received it will be logged into the OTS by [who?]. Where the complaint was received through a channel other than in person or over the phone, prior to assigning the complaint to an Officer, the Clerk II shall contact the complainant within the timeframes identified in Appendix 1 to confirm receipt and to obtain any necessary clarifications of the information that has been previously provided. 3.2. MLE Staff Duties Manager of Municipal Law Enforcement Division 3.2.1. The Manager of the Municipal Law Enforcement Division is responsible for the overall leadership and management of the entire Division. This includes: Long range planning All aspects of input into the Divisional budget Developing workplans Overseeing all POA court matters and providing direction to the Municipal Prosecutors, and advising the Deputy CAO/Solicitor with respect to other court processes Staff recruitment and discipline Lead role in addressing Council enquiries and concerns Authoring, reviewing and/or presenting reports to Council and Standing Committees Arranging and leading public consultation efforts during major by- law reviews and updates Supervising MLEO II Municipal Law Enforcement Coordinator 3.2.2. The Municipal Law Enforcement Coordinator is responsible for the overall administration of the Division on a day-to-day basis. This includes: Supervising the MLEO I Ensuring that all policies, practices and guidelines are being adhered to in order to ensure that the MLE services are applied fairly and consistently Total administration of the Municipality’s parking enforcement system including staffing, technical services and maintaining both electronic and paper tickets and other related supplies and equipment Page 177 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 4 | Page Special projects including but not limited to by-laws updates and drafting Council reports in support of such initiatives In the absence of the Manager, the incumbent will assume the role of Manager. Clerk II 3.2.3. The Clerk IIs are responsible for various administrative and clerical duties that directly serve the public and other staff regarding MLE services including: Inputting data into the OTS Coordinate the assignment of parking enforcement in high complaint areas with the enforcement of other by-law matters, based upon location and type of concern. Processing of MLE related invoices Preparing items of correspondence as requested MLE Division filing and records management Processing of Business Licences and Permits First contact by phone and general Division email Acting as Secretary for Property Standards and Order-to-Restrain Appeals MLEOs - General 3.2.4. MLEO Is and MLEO IIs will continuously communicate and coordinate call investigations to provide the most efficient time management and customer service levels. 3.2.5. All Officers are responsible for uniforms and equipment in accordance with Appendix 7. MLEO I 3.2.6. The primary responsibility of MLEO I staff is to respond to parking related complaints, investigate animal related complaints, arrange for towed vehicles as required, and perform general maintenance of the parking meters. 3.2.7. These primary responsibilities shall be aligned with the enforcement of other by-law enforcement matters including but not limited to Noise complaints (includes animal related), Lot Maintenance, Snow Removal, Page 178 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 5 | Page Signs, Boulevard complaints, Animal Handling, and minor zoning issues (e.g. trailers). MLEO I will liaise with MLEO II when investigations appear to be related to Zoning, Property Standards or of a more complex nature. At that time, the Manager will determine if carriage of the file will be assumed by an MLEO II. 3.2.8. Full time MLEO I assignment areas are presently divided between the four Electoral Wards within the Municipality of Clarington. Officers will provide assistance in other Wards as needed or assigned. 3.2.9. Part-Time MLEO I Officers generally will focus their duties on monitoring and maintaining parking meters, responding to parking related complaints, patrolling parks and waterfront areas, and issuing tickets. Other duties will include responding to animal related calls and other by-law matters of a less complex nature and will be dependant on the shift of the officer. 3.2.10. The following is a breakdown of expected tasks and duties of Part – Time MLEO I Officers within certain time frames. The noted time frames and tasks are not restricted and may be adjusted slightly, dependant on operational needs and hours of work. 3.2.11. Day Shift (hours between 0800 and 1630) – Downtown Bowmanville – maintenance of meters, collecting and counting meter money, parking enforcement downtown including all municipal lots, limited school enforcement. 3.2.12. Afternoon/Evening Shift (hours between 1600 and midnight) – downtown parking enforcement, ‘afterhours’ (e.g. noise, dogs off leash, over-weight vehicles) and parking calls/files logged in OTS, pro-active enforcement of chronic parking complaint areas e.g. bike lanes, sports fields, business locations. 3.2.13. Night Shift (hours between Midnight and 0830 hours) – pro-active 3-5 and sidewalk parking enforcement, ‘afterhours’ (e.g. noise, dogs off leash, over-weight vehicles) and parking calls/files logged in OTS 3.2.14. Ongoing communication between Officers, Clerk IIs, the MLE Coordinator and the Manager of Municipal Law Enforcement is imperative to assist in the efficient and timely response to initiating investigations and administrative duties of enforcement officers. Page 179 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 6 | Page MLEO II 3.2.15. The primary focus for MLEO II Officers, is responding to Property Standards, Site Alteration and Zoning related enforcement concerns. However, they also respond to issues involving any of the regulatory municipal bylaws including, but not limited to: Licensing (taxi, refreshment), Signs, Noise (including animal related), Fence, Boulevard, Lot Maintenance, Snow Removal, Animal related and handling (as per Collective Agreement), and Parking as required. Effective communication and coordination between MLEO I’s and the Clerk II are required to adequately manage high call volumes, and timing of investigations. 3.2.16. Assignment areas for MLEO II investigations are presently divided into the four Electoral Wards within the Municipality of Clarington, with each Officer being assigned to a specific Ward. Ongoing communication between Officers, Clerks and the Manager of Municipal Enforcement is imperative to assist in the efficient and timely response to initiating investigations and administrative duties of enforcement officers. 3.2.17. MLEO I that are progressing through the OAPSO Training Courses Level 1-3, may begin to take on “less complex files” relating to Property Standards. This is to be undertaken with the guidance of an MLEO II. 3.3. Prioritizing of File Items 3.3.1. When entering files in the OTS Database, the item shall be assigned a priority. Priority ratings include emergency, high, routine, low and information only for Municipal Law Enforcement. The following is a guideline to consider when entering the priority: EMERGENCY – public safety, immediate threat such as uncovered well, hazardous broken tree limbs, or aggressive animal at large (i.e. not confined nor restrained). HIGH -- Time factor, is there a pressing necessity to act such as a vehicle blocking driveway, active site alterations, boulevards and fill operations, Injured animal/wildlife, Dog bites, or confined animal. LOW – long-term issue which is just now being reported such as long grass weeds, public nuisance, parked more 3 hours, or poop & scoop. Page 180 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 7 | Page ROUTINE – matter is a known re-occurring issue affecting multiple residents such as 3-5 a.m. parking, snow removal, school zone enforcement, or dog off leash patrols. INFORMATION ONLY - Wildlife sighting. 3.3.2. Investigative response to all files shall be attended/completed in a timely manner, within the established Service Levels identified in Appendix 1. The following shall be a guideline to assist in initiating investigations to calls as prioritized: Emergency prioritized calls will be attended at the earliest opportunity by the most available Officer. The most available Officer may be determined by response time, ability to attend based on active field investigations, and will be assisted by the Officer assigned to the area at the earliest opportunity. Investigations of High prioritized calls will be initiated by the Officer within 12 business hours after being assigned. Investigations of Low and Routine prioritized calls shall be initiated by the Officer as detailed in Appendix 1. 3.3.3. In addition, several factors shall be considered when determining appropriate timelines for an initial response and complete processing of any complaints up to, and including, either voluntary or court authorized compliance. An Officer’s ability to process any complaint efficiently and effectively is greatly impacted by issues and factors beyond their individual control. Examples of such impediments are: Threats to public safety (which always take priority over other complaints) Court preparation and appearance Ticket review session attendance Special case folders (i.e. taxi, mobile signs, etc.) Administration and updating of current by-laws (i.e. research and drafting of new by-laws) Municipal events (i.e. Canada Day, Ribfest, Food Truck Frenzy, Municipal Elections, etc.) Review and administration of license and permit applications (i.e. mobile signs, taxi drivers, etc.) Page 181 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 8 | Page Responding to calls for actions from other departments and agencies Coordinating with contractors for private property clean up or repairs Holidays and vacation Illness Staff vacancies Weather Provincial Orders 4. Investigations 4.1 All investigations shall follow the appropriate Policy and Procedures to ensure consistency. 4.2 Once assigned a file (either by oneself, by others, or based on patrol areas), the Officer shall undertake an investigation to better understand the situation. All investigations shall be initiated based on the priority system identified above, and in accordance with Service Levels set out in Appendix 1. 4.3 For by-law matters which have a high frustration level or emotional component for complainants (e.g. noise, dog incident), the Officer shall contact the complainant to acknowledge the complaint and discuss the matter before initiating any action. 4.4 An Officer shall maintain contact with a complainant and any other person attached to the file, where they have requested a follow-up, to keep them apprised of the investigation as it progresses and of the outcome. Information will only be disclosed in accordance with the Enforcement Policy, Municipal privacy legislation, and any other applicable requirements. 4.5 At the beginning of an Officer’s shift, the Officer shall determine their file duty list. The status of priorities will be reassessed throughout the day, as new incidents may arise. The Clerk II will assess priorities as calls are received, dispatching the higher priority concerns through communication with Officers by way of telephone, text, or email – depending on the call situation. 4.6 The Officer’s notebook shall be maintained and kept up to date with detailed notes and observations, while consistently updating the file notes Page 182 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 9 | Page in the OTS Database to reflect the Officer’s current notebook. The notes entered into the current LDO system do not have to be verbatim of what an Officer has recorded in their notebook, but rather can be overview or synopsis of same. Maintaining current records in the OTS will allow the Clerk II and other Officers to address a caller’s concerns when a complainant or other interested party are following up on the status of their complaint/occurrence file. 5. Outcomes 5.1. Closing File 5.1.1. Upon conclusion of an investigation, the Officer shall: Close the file if compliance has been met, Close file if no violation observed, Close if the complaint is deemed frivolous or vexatious Issue a warning/educate, Issue an ORDER, Register an Order on Title, or Lay a charge 5.1.2. As well, the Officer shall contact the complainant and any other person attached to the file, where they have requested a follow-up, to advise of the investigation outcome. 5.2. Frivolous and Vexatious 5.2.1. Upon being assigned a file, the Officer shall review the origin and context of the complaint to determine if the complaint is frivolous, malicious or vexatious in nature. 5.2.2. In determining if a complaint is frivolous, malicious or vexatious, the officer will consider the factors enumerated in Appendix 6. 5.2.3. Where the Officer believes the complaint to be frivolous, vexatious or malicious, the Officer shall discuss their findings with the Manager of Municipal Law Enforcement. Page 183 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 10 | Page 5.2.4. If the Officer, in exercising their discretion, ultimately deems a complaint to be frivolous, malicious or vexatious in nature, the file shall be closed, the reasons for their decision are documented, and the complainant shall be advised the status. No further action will be taken on the file. 5.2.5. Notwithstanding section 5.2.4, if a file was previously closed based on the determination that it was frivolous vexatious or malicious, it does not mean that a file could not be opened in the future where there is sufficient reason to do so, or the situation has changed. 5.3. Issue a Warning/Educating 5.3.1. A warning may be used in many circumstances, and it is important to record all relevant information including the reason for issuing a warning. All details relating to the investigation including parties involved, and the location and type of complaint shall be recorded in OTS and the Officer’s notebook. Issuing a warning will be used at the Officer’s discretion, with the desired result of achieving compliance and to promote an understanding of Municipal by-laws. A warning may include verbal discussion, a door response card or a letter issued outlining the infraction. 5.4. Issue an Order 5.4.1. Orders will be issued if compliance is not obtained through education, in instance of repeat offences, or if there is an immediate concern for public safety or the public interest. An Order to Restrain (OTR) will be issued as per Policy P14-004 or its’ replacement, while Orders to Comply may be issued when an investigation has determined there is contravention of a Municipal By-Law. 5.4.2. Orders will identify the particulars of the contravention, the location (property), the remedial work necessary, and the required date for compliance. A reasonable time frame appropriate for the circumstances will be provided to the subject/property owner for completion of any necessary work. (Note: reasonable time frame shall be determined on a case-by-case basis taking into consideration the severity of the situation, health and safety, impact to area residents, cost and ability to complete the work.) The Officer shall follow up with a re-inspection within one week of the compliance date as stated in the Order, any unforeseen circumstances will be communicated with staff to co-ordinate a timely re- inspection. Page 184 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 11 | Page 5.4.3. Orders shall be posted in a conspicuous place for all properties. If a property is vacant the Order shall be sent by registered mail to the last know address as provided in Vailtech, if any discrepancies are found utilizing other means the address shall be confirmed with Municipal taxation staff. 5.4.4. Property Standards Orders and significant remedial work orders shall in addition to being posted, sent registered mail. 5.5. Lay a Charge 5.5.1. Where the Officer has determined that an offence has been committed, the Officer may lay a charge under the appropriate by-law. 5.6. Part I Provincial Offence Notice 5.6.1. A Part I Provincial Offence Notice (Part I) (i.e. ticket) is a quick and easy process for laying a charge. The Part I must be completed by the Officer and personally served on the person who committed the offence. (Note, it may be served by Officer other than charging Officer.) The Part I must be served within 30 days of the offence date. A Part I may only be issued where there is an approved short form wording for the offence. 5.6.2. The Officer shall complete the front of the Certificate of Offence as per the sample in Appendix 3. A Certificate of Offence is a 5-part form and the copies are distributed as follows: Copy 1 - Filed with POA office with-in 7 days of service (Certificate of Offence) Copy 2 - Issued to Accused (Green Copy, Offence Notice) Copy 3 – Filed in MLE Office (Computer Input Copy) Copy 4 - Filed in MLE Office (Enforcement Agent Copy) Copy 5 - Payment Notice Issued to Accused Page 185 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 12 | Page 5.6.3. When completing the Total Fine payable, the Officer shall include any Victim Fine Surcharge as determined by the Provincial Offences Act, O.Reg 161/100 and add the applicable Court Cost as determined by R.R.O. 1990, Regulation 945, pursuant to the Provincial Offences Act. 5.6.4. The Officer shall complete the Certificate Control List. This form, along with the Certificate of Offence shall be delivered to the Intake Court in Whitby within seven days from the Provincial Offence Notice being issued. 5.7. Part I Provincial Offence Summons 5.7.1. A Part I Provincial Offence Summons is an easy method to get a matter of a less serious nature, and for which there is no set fine, before the courts. A Summons (located at the back of a ticket book) is to be removed and placed behind the Certificate of Offence. The Certificate of Offence is completed down to the certification area. The applicable court date is entered. The Summons copy is removed, and the corresponding offence number is recorded in the top right corner. The officer signs the Summons and serves it on the defendant. In the certification area of the Offence Notice, the Officer strikes out “Offence Notice/Avis d’infraction,” initials this change and prints “Summons/Assignation.” The officer then signs the certification area. The Offence Notice can be discarded. 5.7.2. The Officer shall complete the Certificate Control List. This form, along with the Certificate of Offence shall be delivered to the Intake Court in Whitby within seven days from the Provincial Offence Summons being issued. 5.8. Part II Parking Infraction Notice 5.8.1. Only a Municipal Law Enforcement Officer (MLEO I or II), or a police officer, appointed by the Municipality pursuant to subsection 15(1) of the Police Services Act, may issue a Parking Infraction Notice (PIN). Page 186 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 13 | Page 5.8.2. Where it is determined that a vehicle is parked or stopped in contravention of the Municipal or Regional Parking and Traffic By-laws, the Officer may issue a PIN either by means of a handheld electronic PIN or by using a manual PIN book. 5.8.3. To issue the PIN, the Officer must enter the relevant information into the handheld ticket writer. The Officer shall enter the date, time, location, the alpha numeric licence plate of the vehicle, Province of issue and validation information. Description of the offence may be chosen from a drop-down menu. Once completed the Infraction Notice is placed on the vehicle in a conspicuous place such as under the driver’s windshield wiper or served personally on the operator of the vehicle. 5.8.4. If the Officer is using a manual ticket, they shall follow a similar procedure. All the information is entered on the manual PIN. Time is to be recorded in the manner pre-printed on the ticket i.e. ‘a.m./p.m.’ or ‘hours.’ Location of the vehicle may include the side of the street the vehicle is on and the closest address point. 5.8.5. At the end of the shift any manual PINs issued during the officer’s shift shall be provided to the Clerk II to be entered into the Command Centre tracking system. The issuing Officer is responsible for uploading the photos to Command Center. 5.9. Part III Information / Summons 5.9.1. A Part III Information / Summons shall be sought for infractions that are serious enough in nature (public safety) or do not have set fines attached to infraction, or as a tool to address repeat offences as a means to escalate the penalties. 5.9.2. Once all information has been collected, and the Officer has reasonable grounds to pursue a charge through a Part III, information on all forms will be completed. The Officer responsible for pursuing the charge will review and consult with Crown/Municipal Prosecutor (i.e. person appointed to act as Counsel for the matter) to ensure wording and dates are appropriate, the Manager of Municipal Law Enforcement may be consulted as needed. In instances where an Officer had laid a similar charge in the past, and that wording had been approved by the Crown/Municipal Prosecutor, the officer may use that wording. Page 187 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 14 | Page 5.9.3. A Short Form Information shall be used for single counts. A Long Form Information shall be used for multiple counts. Each accused person shall be listed in a separate Information unless so directed by Crown/Municipal Prosecutor. 5.9.4. Summons and Informations will be sworn/affirmed by Justice of the Peace at the Provincial Offences Court located at 605 Rossland Road East, Whitby. It is common practice for Justices of the Peace to only sign one summons. The officer must make a copy of that summons. Once an officer has the two copies of the summons, one shall be served by delivering it personally to the person to whom it is directed, or if that person cannot be conveniently found, by leaving it for the person at the person’s last known address with a person who appears to be at least sixteen years of age. Service shall be made as soon as practicable and before the court appearance; preferably no later than one week before the court date. Once served, proof of service shall be sworn or affirmed on the second copy of the summons, by a Commissioner of Oaths, by the Officer who made the service. This copy shall be retained with the Officer’s file. 5.9.5. When a charge has been sworn, the officer shall notify the MLE Clerk II of the following information for tracking purposes: file number, defendant name, court date, and status i.e. first appearance. 6. Prosecution Briefs/ Case History 6.1. Overview 6.1.1. Briefs/Case History will be completed by the Officer, prior to any court appearances but after the Part III Informations have been sworn/affirmed before, and signed by, a Justice of the Peace. Charges will be discussed with the Manager of Municipal Law Enforcement prior to commencement of a brief. 6.1.2. The Officer shall prepare and present a Case History to the prosecutor. The Case History is simple and very adaptive to any situation or charge. 6.1.3. The Case History is a user created document (see Appendix 4 for example/guide) which provides all the material necessary for the Crown/Municipal Prosecutor to prepare for and prosecute a case in court. The Case History is easily modified for use in any court situation and is Page 188 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 15 | Page provided as an alternative to the more traditionally and rigidly structured “Confidential Instructions to the Crown”. Note: The Case History may be provided by the Prosecutor to the Defendant as part of Disclosure, so it is important that it is clear and complete. 7. Court 7.1. Preparation 7.1.1. It is the Officer’s responsibility to ensure that they are prepared for upcoming Court matters, have any and all exhibits readily available, and notify witnesses sufficiently in advance to ensure their attendance. 7.1.2. All Officers attending court will ensure appearance is kept professional. 7.1.3. Prior to attending Court, Officers will update the Crown/Prosecutor with any relevant information pertaining to the case. It is good practice to meet with the Crown/Prosecutor prior to the set court time on the date of trial. This opportunity can be used to keep the Crown/Prosecutor informed and allow him/her to clarify any relevant information. Ensure enough time to arrive in court well in advance of the tier time. 7.1.4. Professionalism and demeanor both inside and outside of the court room speaks to the credibility of an Officer. Therefore, Officers must act with the highest level of professionalism within Court Buildings. Cell phones shall be turned off. Chewing of gum and discussing any issues relating to the case, outside of discussions with Prosecutor, is not permitted. 7.1.5. If approached by the media inquiring about a case, information shall not be shared. It is important to remember any comment replied to may end up being printed. The most appropriate response to Media inquiries regarding court matters is “Currently the matter is before the Courts to decide on the information put forth. If you wish to discuss the matter further, please contact [appropriate Manager]”. Refrain from using “I have no comment” or “well off the record...” the image that will be portrayed will not reflect well on the Officer’s professionalism. 7.1.6. Regardless of the outcome of the court case, the Officer shall maintain a professional image and deportment. Page 189 Departmental Procedure Title: P01-004 Roles, Protocols, and Expectations 16 | Page 7.2. Records 7.2.1. As electronic enforcement records are part of the usual and ordinary course of business within the Municipal Law Enforcement Division, enforcement records shall be maintained in electronic format and within an approved electronic business system where possible. Enforcement records, regardless of format shall be disposed of in a manner that meets statutory and policy obligations in accordance with the Municipal Records Retention By-Law. Page 190 Departmental Procedure Title: P14-004 Investigations and Outcomes 17 | Page Appendix 1 MLE Service Levels By-law Subtype Initial Response1 Complete Resolution 2 Animals - Exotic General 3 Business Days 30 Days Animals - Kennel General 3 Business Days 30 Days Animals – Responsible Pet Owners Emergency, Unsafe Conditions (includes dog bites) 1 Business Days 3 days Animals – Responsible Pet Owners General (outside of emergency) 3 Business Days 30 Days 1 Initial Response time relates to the first site visit, inspection, or client contact. In many cases, the initial response occurs sooner than the established service level. 2 The Complete Resolution period includes both the Officer’s time to execute their duties on the file as well as the remedy period granted to the property owner. Page 191 Departmental Procedure Title: P14-004 Investigations and Outcomes 18 | Page By-law Subtype Initial Response1 Complete Resolution 2 Apartments-In-house General 3 Business Days 3 Months Boulevard General 3 days 4 Weeks Boulevard Site Obstruction 1 Business Day 1 Week Clean and Clear Debris, Grass and Weeds 3 Business Days 4 Weeks Clean and Clear West Nile (i.e. stagnant water) 2 Business Days 1 Week Discharge of Firearms General 3 Business Days 1 Week Drainage General 1 Week 3 Months Fence and Site Triangle Emergency, Unsafe Situation, including Pool Enclosure 1 Business Day 1 Business Day Fence and Site Triangle Exceed Height Restrictions 3 Business Days 4 Months Page 192 Departmental Procedure Title: P14-004 Investigations and Outcomes 19 | Page By-law Subtype Initial Response1 Complete Resolution 2 Fence and Site Triangle Pool Enclosure, non- emergency, non- compliance 3 Business Days 2 Months Fence and Site Triangle Site Obstruction 1 Business Day 4 Months Firearms - Replica General (e.g. Sales) 3 Business Days 1 Week Fireworks After the fact (at the time is dealt with by Fire Services) 1 Week 1 Week Fortification General 1 Week 3 Months Graffiti General 3 Business Days 1 Month Idling General 1 Business Day 1 Week License – Auctioneer Operate Contrary to Regulations 1 Week 4 Weeks License - Peddlers Operate Contrary to Regulations 1 Week 4 Weeks Page 193 Departmental Procedure Title: P14-004 Investigations and Outcomes 20 | Page By-law Subtype Initial Response1 Complete Resolution 2 License – Refreshment Vehicles Operate Contrary to Regulations 3 Business Days 4 Weeks License – Special Events Operate Contrary to Regulations 1 Business Day 4 Weeks License – Vehicles for Hire Operate Contrary to Regulations 1 Week 4 Weeks Littering General 2 Business Days 5 Business Days Noise General 3 Business Days 3 Months Nuisance General 3 Business Days 3 Months Open Air Burning After the fact (at the time is dealt with by Fire Services unless we have an officer available in which case it would be deemed an Emergency Priority) 1 Week 1 Week Page 194 Departmental Procedure Title: P14-004 Investigations and Outcomes 21 | Page By-law Subtype Initial Response1 Complete Resolution 2 Parks General 3 Business Days 1 week Property Standards Emergency, Unsafe Conditions – No Heat, open well, unfenced pool 1 Business Day 1 Business Day Property Standards Emergency, Unsafe Conditions – Outside of No Heat 1 Business Day 1 Month Property Standards Outside of Unsafe Conditions 3 Business Days 4 Months Road Occupancy Illegal 1 Business Day Sign Illegal 1 Weeks 3 Months Sign Site Obstruction 1 Business Day 1 Month Site Alteration General 2 Business Days 4 Months Skateboards General 1 Business Day 1 Business Day Snow & Ice Removal General 1 Business Day 3 Business Days Page 195 Departmental Procedure Title: P14-004 Investigations and Outcomes 22 | Page By-law Subtype Initial Response1 Complete Resolution 2 Traffic Parking General 3 Business Day 1 Business Day Traffic Parking Overnight, weekend, school zone 1 week 1 Week Traffic Unauthorized Parking (Private property) 2 Weeks 1 Month Trees Clear-cutting lots 1 Business Day 2 weeks Trees Dangerous limbs 1 Business Day 1 Business Day Waste Materials General 2 Business Days 5 Business Days Zoning Illegal Use 5 Business Days 4 Months NOTE: Fireworks and Open Air Burning were not included, as this is enforced by the Emergency and Fire Services Department. Page 196 Departmental Procedure Title: P14-004 Investigations and Outcomes Page 23 of 30 Appendix 2 MLEO File Assignment Guidelines MLEO I MLEO II Traffic Bylaw, Meter maintenance Property Standards Responsible Pet Owner Zoning Clean and Clear, Boulevard Responsible Pet Owners (Municipal Law Enforcement Officers hired after to March 2015) Site Alteration (Stop Work Orders) Tree By-law, Woodlot Management Minor Zoning (Parking Space, Trailers) Clean and Clear, Boulevard Parks By-law Site Alteration (Investigation, Remediation) Noise Vehicle- For- Hire, Refreshment Vehicle etc. Kennel and Exotic Animal By law Noise Apartment-in-House Page 197 Departmental Procedure Title: P14-004 Investigations and Outcomes Page 24 of 30 Appendix 3 Part I Offence Notice Served To Defendant Filed Court Office Page 198 Departmental Procedure Title: P14-004 Investigations and Outcomes 25 | Page Appendix 3 Continued Served to Defendant Page 199 Departmental Procedure Title: P14-004 Investigations and Outcomes Page 26 of 30 Appendix 4 Case History Template Defendant Subject Property Offence Date Charge Investigating Officer File # Synopsis: For use by Prosecutor; to provide a brief, concise overview of the charge with sufficient information so that, in the event of a guilty plea, the Crown/Prosecutor has a quick reference document of the facts in issue to give the Court to support conviction. It also allows for an easy reference for the Crown/Prosecutor to prioritize cases for Court. Exhibits: A list of all exhibits intended to be presented; providing a simple checklist to ensure that nothing has been missed. The following are documents/exhibits which may be included but this is not an exhaustive list. Copy of Officers Notes Copy of LDO File Witness Statements Orders Issued Information/Summons Photos, signed dated by photographer (digital copy included if applicable) Statement of Municipal Clerk (License History) Certified By-Law If Applicable certified copy of Assessment Roll (Current Tax Year) Page 200 Departmental Procedure Title: P14-004 Investigations and Outcomes 27 | Page Witnesses: A list of all Witnesses, which the Municipality intends to call upon to testify, in the order in which it is anticipated they will be called. Usually the Investigating Officer is the last to be called. Witness Statements: Presented in the first person. The evidence of witnesses may be taken from actual statements or created from what the person will reasonably be anticipated to say. For example, information on name, address relationship to the offence can be drawn from the officer’s investigation without a specific statement. Penalty Recommendation: This is separate form but is attached to the Case History. The officer provides their recommendation based on circumstances particular to this case, previous dealings with the Defendant, compliance or lack thereof (Penalty recommendation shall be identified as CONFIDENTIAL and to the attention of the Prosecutor). Page 201 Departmental Procedure Title: P14-004 Investigations and Outcomes Appendix 5 Flow of Investigations Page 202 Departmental Procedure Title: P14-004 Investigations and Outcomes Appendix 6 Frivolous, Vexatious, or Malicious Complaints – Factors to Consider Injury, Health, Security, Business protection, land use protection Vicinity of complainant, effect to others outside of complainant, surrounding area and standards Immediate impact to Municipal Infrastructure Ongoing or repetitive escalation of complaints between residents Upon being assigned a file, the Officer shall consider the origin and context of the complaint and shall consider the following factors in exercising their discretion in determining if the complaint is valid or if it may be frivolous, vexatious or malicious in nature. 1. Is the complainant of the reported violation(s) adversely and/or directly affected by the by-law violation; 2. Does the complainant of the reported violation reside or own property within The Municipality of Clarington; 3. Does the reported violation compromise or otherwise negatively affect the health, safety or security of person of the citizens of the Municipality of Clarington; 4. Does the reported violation compromise or otherwise have a negative effect on a commercial entity or protected land use; 5. Is the reported violation consistent with the community standard for tolerance; 6. Does the reported violation have an immediate impact on Municipal Infrastructure? 7. Has there a history to the reported violation or with the complainant and the property owner? If yes, is this an escalation of that history? Page 203 Departmental Procedure Title: P14-004 Investigations and Outcomes Appendix 7 MLEO Uniform Purpose The Municipal Law Enforcement Division is a visible symbol and reflection of the Municipality of Clarington. As such it is necessary that a professional image is presented to the public at all times. Uniforms are issued to each officer for this purpose, as well as for the purpose of the safety and effectiveness of MLEOs Nothing shall be worn or carried on duty unless issued or approved by the Manager of Municipal Law Enforcement. The following are items to be worn at all times in the field: CSA approved boots Protective Body Armour (Vest) Black Tactical Cargo Pants Grey Short Sleeve Golf Shirt, double epauletted sleeves OR Grey Long Sleeve Shirt, double epauletted sleeves The following items are optional: Ribbed V neck Sweater, double epauletted sleeves Dickie (weather appropriate) Coat, double epauletted sleeves The following items shall be carried at all times: Officer Notebook Part I ticket book Set Fines Booklet Parking Ticket Printer/ Manual Parking Tickets Mobile Phone Municipally issued camera (mobile phone camera acceptable) for collection of evidence related strictly to infractions of Municipal Bylaws. Traffic Vest, to be worn working on roadways and in heavy traffic areas such as school enforcement Other items as directed Page 204 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Report Number: PWD-009-23 Submitted By: Stephen Brake, Director of Public Works Reviewed By: Robert Maciver, Deputy CAO/Solicitor Resolution#: File Number: By-law Number: Report Subject: Bowmanville Dog Park Solar Lighting Update Recommendations: 1. That Report PWD-009-23 and any related delegations or communication items, be received; 2. That Council approve the use of $10,000 from the Tax Rate Stabilization Reserve Fund for the removal of all existing solar lights and poles from the Bowmanville Leash Free Park; 3. That Council provide direction to staff on whether: a) to utilize the existing solar lighting at one of the alternate locations suggested in this report; or b) to place the lights into storage until a future site has been determined. 4. That if an alternate site is selected for the solar lighting, that an appropriate source of funding be identified for the reinstallation cost; 5. That Council provide direction on the future need to install a hardwired lighting system for the Bowmanville Leash Free park and the source of funding for the project; and 6. That all interested parties listed in Report PWD-009-23 be advised of Council’s decision. Page 205 Municipality of Clarington Page 2 Report PWD-009-23 Report Overview At the regular meeting held on November 1, 2021, Council passed resolution #C-355-21, that directed staff to install solar lights, as soon as possible, at the Courtice and Bowmanville Leash Free Dog Parks. While the lights at the Courtice location operate without any problems, there are on-going issues with the lights at the Bowmanville Dog Park, caused by the overhead high voltage power transmission lines. Upon further investigation with the manufacturer and Hydro One, removal of all lights was the final decision made by Hydro One. The purpose of this report is to provide an update on the current issues and to suggest alternate options in order to utilize the solar lighting, subject to the approval of funding for removal and re-installation at one of the proposed alternate locations. 1. Background 1.1 At a meeting held on November 1, 2021, the Council of th e Municipality of Clarington passed the following Resolution #C-355-21: That Staff be directed to install solar lighting, as soon as possible, at the Courtice and Bowmanville Leash Free Dog Parks with appropriate funding from the Outdoor Recreation Misc. Upgrade Account; and That the lights, on the sports field adjacent to the Courtice Leash Free Dog Park, be turned on daily from 5:00 p.m. to 9:00 p.m. from now until the earlier of the beginning of daylight savings time in the spring of 2022 or when the per manent lights have been installed. 1.2 Staff conducted market research on solar lights both within and outside of Canada as the technology is quickly evolving. A similar installation did not exist within Clarington prior to this project. After reaching out to several vendors only one showed interest and was selected to proceed to the design stage. 1.3 Shortly after the installation of the lights at the Bowmanville park was complete, several units began acting erratically. Upon a dedicated and extensive troubleshooting by the manufacturer, and a lengthy review by Hydro One, it was determined that the Electromagnetic Field (EMF) is significantly stronger than the safeguards built into the solar lights. It is suspected that the strong EMF causes build up of st atic charges within the components causing false parameters and erroneous operation of the controller units and solar panels. 1.4 Hydro One provided the following response to our inquiry: Page 206 Municipality of Clarington Page 3 Report PWD-009-23 “The Hydro One Network Inc aerial conductors are operating at 500,000 Volts and the required minimum clearance must be maintained at all times. Position of the conductors may change very quickly due to system and/or atmospheric conditions. We would request that the lighting within the corridor be removed as soon as possible” 1.5 During onsite troubleshooting of the faulting solar lights staff were made aware by our streetlight maintenance contractor that other municipalities have ongoing issues with their hardwired LED streetlights under certain high-voltage lines. It was shared with staff that some locations result in LED streetlight fixtures being replaced very frequently due to “undiagnosed” faults. 1.6 Staff have removed and tested one of the solar light assemblies and found that it operated without any issues when away from the park location. This encouraging result provides options for the use of the solar lights at an alternate suitable location. 2. Alternate solutions 2.1 Due to the decision by Hydro One to have all solar lights removed from the Bowmanville park staff are proposing the following three alternate options: i. Relocate the lights to the Newcastle Leash Free Park o The surrounding municipal property is being redeveloped to include additional facilities and lighting along the pathway to the leash-free park, but not the Dog park itself. o Sufficient quantities exist to satisfy the needs of the Newcastle Park, with several lights left over for other suitable small-scale projects. ii. Relocate the lights to the recently constructed paved pathway at Rhonda Park from Bowmanville Avenue to Rhonda Boulevard o The paved pathway is an urban pedestrian connector. o Due to budget limitations at the time of construction, no illumination was included in the construction project. o Due to the challenging terrain, any future underground electrical work will result in significant costs. o Existing solar lightning from the Bowmanville park could be relocated and proportionally distributed to illuminate the entire pathway. Page 207 Municipality of Clarington Page 4 Report PWD-009-23 o The pathway is generally well exposed to sun light for optimal solar performance. iii. Remove all lights from the Bowmanville Leash Free Park and store them until an alternate location, such as the future site of the Bowmanville North Dog Park, has been approved and constructed. 2.2 Any one of the three options would require additional funding to cover the cost associated with the removal of the existing lights and the reinstallation at a new location. It is anticipated that the installation at the Newcastle Leash Free Park location will be significantly less expensive than along the Rhonda Park pathway due to reduced challenges with access to construction equipment. Based on the initial installation pricing the anticipated overall cost of removal and reinstallation at the Newcastle Leash Free park is estimated at $20,000 and the estimated cost for the Rhonda Park pathway is $30,000. The removal-only option is estimated to be around $10,000.00. Regardless of the relocation site all existing lights at the Bowmanville Dog Park are required to be removed as soon as possible. 2.3 The removal of the solar lights at the Bowmanville Leash Free Park is expected to cause dissatisfaction with patrons. It appears that the only alternative option to provide proper lighting of the park will involve a hardwired system. This option will require to be budgeted for including system design options and studies and additional reviews by Hydro One to ensure proper operation. Based on the direction of Council this project will be costed and included as a future Capital Project. 3. Financial Considerations 3.1 The removal of the lights was not contemplated in the 2023 Budget. As this is related to the removal of the lights, the appropriate source of funding would be the Tax Rate Stabilization Reserve Fund. 3.2 Future capital projects will be included in the 2024 Budget or the 2025 Update Budget dependant on the direction of Council and the required time to design and cost the solution. 4. Concurrence This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. Page 208 Municipality of Clarington Page 5 Report PWD-009-23 5. Conclusion It is respectfully recommended that Council provide direction to staff on the preferred option. Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 extension 2315 or spotrykus@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 209 Municipality of Clarington General Government Committee Meeting RESOLUTION # __________________ DATE: September 11, 2023 MOVE BY: Mayor Foster SECONDED BY: _______________________ Where hospice provides meaningful end-of-life care, in a home-like setting, for individuals facing a palliative diagnosis; Whereas the Municipality is a willing host of Durham Region Hospice – Clarington, and has donated surplus land and a grant to offset development charges, to support the project; and Whereas due to escalating construction costs, Durham Region Hospice – Clarington requires additional financial support to build this location. Now therefore be it resolved that staff be directed to provide a $1,250,000 grant to Durham Region Hospice – Clarington, to support construction efforts; That the funds be sourced from the Strategic Capital Reserve Fund; and That the funds be repaid to the Reserve Fund through annual tax levy contributions of $125,000. Page 210