HomeMy WebLinkAbout2024-02-05Clar*wn
General Government Committee
Post-MeetingAgenda
Date: February 5, 2024
Time: 9:30 a.m.
Location: Council Chambers or Microsoft Teams
Municipal Administrative Centre
40 Temperance Street, 2nd Floor
Bowmanville, Ontario
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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.
General Government Committee
February 5, 2024
Pages
1. Call to Order
2. Land Acknowledgement Statement
3. Declaration of Interest
4. Announcements
5. Presentations/Delegations (10 Minute Time Limit)
5.1
Presentation by Ian McVey, Manager of Sustainability, Regional
4
Municipality of Durham, Regarding Support for the Courtice Transit -
Oriented Community District Energy System
6. Consent Agenda
6.1
LGS-003-24 - Intimate Partner Violence — Follow Up on Direction
37
6.2
CAO-001-24 - Define and Determine the Duties and Responsibilities of
45
the CAO
6.3
FSD-004-24 - Orono Arena Community Centre Indoor Rink
63
Refurbishment
6.4
FSD-005-24 - 2023 Annual Leasing Report and Policy Update
67
6.5
FSD-007-24 - 2023 Annual Commodity Hedging Report and Commodity
79
Hedging Policy Update
6.6
PUB-001-24 - South Bowmanville Recreation Centre —Architectural
91
Services
*6.7
FSD-008-24 - Delegation of Authority to Single Source Equipment for
94
Outdoor Rinks
7. Items for Separate Discussion
8. Unfinished Business
Page 2
General Government Committee
February 5, 2024
9. New Business
*9.1 Request the Province Review and Modernize the Municipal Freedom of 97
Information and Protection of Privacy Act (Mayor Foster)
(Link to AMCTO Advocacy Update: MFIPPA Modernization)
10. Confidential Items
10.1 LGS-002-24 - 2023 CUPE Market Review
(The matter deals with personal information about an identifiable
individual including municipal employees and labour relations and
employee negotiations)
*10.2 Update from Rick Hutchinson, Chief Information Officer, Regarding IT
Security Risks
(The matter deals with the security of the property of the municipality or
local board)
11. Adjournment
Page 3
If this information is required in an accessible format, please contact 1-800-372-1102
ext. 3802.
The Regional Municipality of Durham
Report
To: Committee of the Whole
From: Chief Administrative Officer
Report: #2024-COW-1
Date: January 17, 2024
Subject:
Courtice Transit -Oriented Community District Energy System Preliminary Business
Case Update
Recommendation:
That the Committee of the Whole recommends to Regional Council:
A) That Regional Council endorse in principle the concept of a district energy system
(DES) in the Courtice Transit -Oriented Community (CTOC) that leverages waste
heat from Regional infrastructure in the adjacent Clarington Energy Park, as
outlined in this report and attachment.
B) That Regional Council direct staff to work with staff from the Municipality of
Clarington to incorporate the DES concept into the CTOC Secondary Plan to
support the future implementation of a DES focused on serving new development in
the CTOC Major Transit Station Area (MTSA).
C) That Regional Council direct staff to evaluate potential grant and low -interest
financing options that might be available to support the proposed CTOC DES
project concept.
D) That Regional Council direct staff to evaluate ownership and governance models
for the CTOC DES in collaboration with the Municipality of Clarington, landowners
in the area, as well as potential energy utility partners, and report back to Council in
mid-2024 with a recommendation as well as an updated and refined preliminary
business case, identifying Regional financial, business planning and budget
implications, opportunity costs and assessment of risk and potential mitigation
strategies based on refined project timing and implementation strategies.
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Report #2024-COW-1
Report:
Purpose
Paae 2 of 9
1.1 This report seeks Council endorsement in principle of the CTOC DES concept
and the recommended next steps which intend to further evaluate ownership
models, update the preliminary business case, financing options and energy
sources related to a proposed DES in Courtice.
2. Background
2.1 Regional staff have been actively pursuing opportunities to achieve Regional
Council's vision for a low carbon future as reflected in the
Durham Region Strategic Plan, the Council -endorsed Durham Community
Energy Plan (DCEP) and the Region's climate emergency declaration. The
building sector in Durham Region is a key area for action, accounting for
approximately 30 per cent of community wide GHG emissions, largely
generated from energy consumption for space and domestic hot water heating
and cooling.
2.2 The DCEP identified district energy as a strategic priority for building sector
decarbonization with the potential to contribute more than 15 per cent of total
GHG emissions reductions by 2050, making it one of the top decarbonization
strategies for Durham Region. District energy feasibility is highly correlated with
density of land use (i.e., greater density of population and jobs tends to improve
the technical and financial viability). As such, there is an opportunity to
implement district energy in the context of the Region's designated Protected
Major Transit Station Areas (PMTSAs) and Strategic Growth Areas to help
achieve Durham Region's climate objectives. A brief introduction to district
energy, its advantages including improved overall energy security, provision of
affordable low carbon heat, and reduction of community GHG emissions, as well
as associated challenges can be found in report #2022-INFO-55.
2.3 Durham's Regional Official Plan (Envision Durham), as adopted by Regional
Council on May 17, 2023, underscores the importance of supporting the
development of low carbon energy systems. The plan encourages the
development of district energy to provide low carbon energy to higher -density
Community Areas, with a focus on connectivity to existing or planned networks.
2.4 Through adoption of recommendations in report #2022-P-11 associated with
Envision Durham's Growth Management Study Regional Council provided
direction that:
"...future Regional Official Plan policies for the required settlement area
boundary expansion area address sustainability practices to reduce
greenhouse gas emissions, energy and water consumption, and waste
generation through measures including... the use of low -carbon and
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Report #2024-COW-1
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smart energy systems and technologies at the district scale or building -
scale in these new areas".
2.5 Durham Region's Economic Development and Tourism Strategy and Action
Plan identifies "future energy" as a key priority economic cluster, and points
specifically to the Clarington Energy Park as an area where the Region will
collaborate with key partners to attract energy investment.
2.6 Through the negotiations associated with the development of the Durham York
Energy Centre (DYEC), Durham Region and the Municipality of Clarington
signed a Host Community Agreement in 2010 which included agreement by
Clarington to "strongly encourage and promote development within the
Clarington Energy Business Park and other areas of Clarington to utilize district
heating and cooling provided by the energy from waste (EFW) Facility".
2.7 A 2022 pre -feasibility study co -led with Clarington and the Region developed a
preliminary assessment of the feasibility of a first phase of a DES focused on
the Clarington Energy Park and Courtice Employment Lands and Major Transit
Station Area (MTSA) surrounding the planned new Courtice GO Station. The
pre -feasibility study found that conditions in South Courtice were potentially
favourable for the implementation of a DES. Sources of low carbon heat are in
proximity to planned higher density transit -oriented mixed -use development
within the Courtice MTSA, including the DYEC and the Courtice Water Pollution
Control Plant (WPCP).
3. Courtice Transit Oriented Community District Energy Preliminary
Business Case
3.1 Following the 2022 pre -feasibility study exploring DES potential across the
southern Courtice, Regional staff collaborated with the Municipality of Clarington
and a consulting team consisting of Reshape Strategies and Kerr Wood Leidal
(together, the Project Team) to develop a more detailed business case focused
on serving the Courtice Major Transit Station Area (MTSA) with waste heat from
Regional infrastructure in the Energy Park immediately to the south of Highway
401. This area was chosen because of the planned higher densities of
population and employment surrounding the future Courtice GO Station at the
intersection of Courtice and Baseline Roads. The full preliminary business case
analysis is available as Attachment #1 to this report, and key findings are
summarized in this report.
3.2 Key activities used to develop the preliminary business case included:
a. Cross -Departmental and Inter -Municipal Engagement: the preliminary
business case analysis was undertaken in collaboration with internal staff
across departments (Finance, Works, Planning, and CAO's Office), as well
as staff from the Municipality of Clarington to gather input, highlight key
considerations, and identify challenges and opportunities associated with
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different DES scenarios, including using waste heat from the DYEC facility
and the Courtice WPCP, as well as exploring potential cooling applications.
b. Develop Phase 1 concept for a DES focused in the Courtice MTSA. The
project team developed an updated DES concept which incorporates load
forecast analysis based on population and job inputs from the secondary
planning process, preliminary indicative capital cost estimates (i.e., Class D
estimate, including allowances and contingencies), and a site map which
defines the DES service area, projected gross floor areas served, and the
proposed distribution network plan.
C. Courtice DES Preliminary Business Case Analysis of Scenarios: the
preliminary business case analysis involved an assessment of costs, the
potential GHG emission reductions, and additional benefits associated with
four DES technical concepts:
1) DYEC heating and cooling;
2) Courtice WPCP heating and cooling;
3) Courtice WPCP heating only (cooling supplied through in -building
systems);
4) DYEC heating only (cooling suppled through in -building systems).
3.3 These concepts were evaluated against a reference case whereby buildings in
the Courtice MTSA achieve low carbon outcomes through fully electrified on -site
heating systems, as well as a business -as -usual (BAU) case whereby each
building has on -site natural gas boiler heating with conventional chillers and
cooling towers. All scenarios assume evolution in the requirements for building
energy and emissions performance over the 30-year forecast period, whether
driven by a local municipal green development standard (such as is currently in
place in Pickering, Ajax, and Whitby) or through changes to the Ontario Building
Code.
3.4 While the BAU case was found to result in the lowest cost of energy to the end -
user, it results in GHG emissions that are approximately 75 per cent higher than
the DES concepts and the electrification reference case which is inconsistent
with Council direction as outlined in Section 2 of this report. The technical and
financial analysis of the four DES technical concepts listed above in Section
3.2c identified a heating -only system that leverages DYEC heat as the preferred
concept and the basis for subsequent base case analysis because it:
a. Is the lowest cost pathway to achieving the Region's low carbon
development objectives when compared to other low carbon DES concepts
as well as a reference case where all buildings in the area have 100 per
cent electrified heating. The overall capital costs for the DES are estimated
at $62 million in 2023 dollars ($116 million cumulative nominal costs over
30-year project Iifecycle). The cost estimates, allocation of project costs and
respective responsibilities of involved parties will be determined in the next
phase of the preliminary business case. These expenses are assumed to
be incurred over the 30-year build out period, with potential subsidies from
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grant funding and low-cost debt financing programs specifically designed to
support DES possibly being available to enhance the viability of the project
concept.
b. Results in the lowest cost per tonne of GHG emissions reductions ($/tCO2e)
when compared to the electrification scenario as well as the three other
DES concept scenarios.
C. Offers potential for greater energy cost stability to energy consumers in the
CTOC compared to building -scale energy systems, namely due to reduced
exposure to escalating electricity and/or natural gas rates and carbon
pricing over the 30-year forecast period.
3.5 The foregoing analysis indicates the potential for the CTOC DES to support
alignment of GHG emissions reduction objectives with energy security
objectives within the Courtice MTSA. This is a unique opportunity for the Region
and Clarington to work with utilities and landowners to demonstrate leadership
in the low carbon transition in the context of a major transit -oriented
development initiative surrounding the future Courtice GO Station.
3.6 The project team conducted a sensitivity analysis on the CTOC DES preliminary
business case to a range of key input parameters to understand the relative
impact of these variables on the DES preliminary business case. Key findings of
the sensitivity analysis include:
a. Higher than projected capital costs represent the most significant risk
to the preliminary DES business case. Capital costs in the preliminary
business case are preliminary estimates (including contingencies and
allowances), which is appropriate at a conceptual design stage. The project
team has included a 40 per cent contingency in the cost estimates to
account for uncertainty at this conceptual stage, and cost estimates will be
refined in 2024 as more clarity emerges on the development phasing plans
of landowners, the road network in the MTSA, and the associated costs of
the DES distribution piping system.
b. Uncertainty in future load is another key risk factor identified in the
sensitivity analysis, which is influenced by factors such as the phasing of
new construction and the density of population and jobs that is ultimately
realized in the MTSA. The project team has made conservative estimates,
including use of the minimum target for population and jobs identified for the
MTSA in the draft CTOC Secondary Plan. Note that the load forecast is
based on a higher level of building energy efficiency than what is presently
mandated by the Ontario Building Code. Should the higher target density
scenario outlined in the draft CTOC Secondary Plan be achieved, the DES
preliminary business case would be enhanced by an additional $25 million
(net present value) over the forecast period under the base scenario.
Consultations with the Municipality of Clarington and the landowner group in
2024 will help to refine these input parameters for the next phase of the
business case.
AM :
Report #2024-COW-1
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C. Availability of grant funding and low-cost financing could materially
enhance the options to finance a proposed Courtice DES project concept.
There are a number of funding programs available to support DES
development, including the FCM Green Municipal Fund, Environment and
Climate Change Canada's Low Carbon Economy Challenge Fund, as well
as Canada Infrastructure Bank's Clean Power funding stream.
4. Next Steps to Refine Courtice DES Preliminary Business Case &
Implementation Strategy
4.1 In further developing the CTOC DES preliminary business case and
implementation strategy, evaluation and determination of a preferred ownership
and governance model will be a key area of focus. There are several different
ownership models for DES, which can range from wholly municipally owned,
public -private partnerships, and wholly privately owned options. There are
tradeoffs between each model and the ownership type selected is often
dependent on the specific context of municipalities and factors such as
regulatory authority, risk tolerance, desired degree of control, and external
market conditions. A high-level summary of governance model options is
provided below:
a. Publicly -owned: in this case municipalities retain full ownership and control
of the DES, either wholly or in collaboration with other local governments.
This ownership model would make it easier to establish connection
requirements and/or provide connection incentives to reduce load risk.
Municipally -owned systems have more control over the carbon intensity of
the DES over time. Municipalities may also have access to lower cost of
capital and grants from senior levels of government, as well as a longer time
horizon for return on investment than private utilities. Examples of publicly
owned DE systems include Vancouver's False Creek Neighbourhood
Energy Utility and Markham's DES.
b. Public -Private partnership: municipal ownership does not necessarily
mean that all DES assets are financed, owned, and operated by the
municipality. In some cases, municipal ownership can be viewed as a
transitional strategy to initiate a new DES, which can then be divested to the
private sector once adequately established. In some cases, the municipality
will enter a partnership with a private sector entity to establish a new system
which offers the benefit of risk sharing the initial investment. These can also
include private or public utilities as a joint venture. An example of this model
is the City of Ottawa's Zibi community utility DES, which is co -owned in
partnership between Ottawa Hydro and the developer, Dream.
C. Privately -owned: in this scenario, the DES is wholly owned by the private
sector. While privately owned systems present an alternative to municipal
ownership, their feasibility depends on load certainty, energy, and GHG
performance requirements in municipal green development standard
programs. An example of this type of model is the DES that serves the
master planned development, River District (Vancouver, BC). The resulting
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DE Utility, River District Energy (RDE) is a private utility, owned by the
master developer, Wesgroup.
4.2 As part of the recommendations associated with this report, Regional staff are
seeking direction to further evaluate DES ownership and governance models
and report back to Council on findings and proposed next steps. This evaluation
will also consider impacts on the updated preliminary business case which will
be presented concurrently with recommendations on DES ownership and
governance models. Pending Council approval, this comprehensive assessment
of options will be a key component in the next phase of the proposed project
concept where stakeholder engagement will be carried out concurrently to
gather feedback.
4.3 Integral to the effort to develop an updated business case for the DES will be
further evaluation of the economic and environmental rationale for connecting
the Courtice WPCP. The business case presented in this report assumes that
biogas that is currently produced and consumed on -site at the Courtice WPCP
will in the future be upgraded to renewable natural gas (RNG) and exported
from the site to support GHG emissions reductions elsewhere. Dialogue with
Enbridge, and other utilities seeking RNG opportunities, will be critical to this
evaluation.
4.4 The project team envisions the following tentative project development timeline
to phase DES delivery to mitigate investment risk:
a. 2024-2026: inclusion of DE in the Courtice MTSA secondary plan,
evaluation and selection of a preferred ownership model, and negotiation of
agreements for Phase 1 project delivery.
b. 2027-2033: Phase 1 of the DES will be served by a temporary natural gas
boiler plant (or plant integrated with a municipal facility). Once sufficient load
is connected to the DES, the connection to DYEC would be completed,
decarbonizing the heat supply to all buildings connected to the DES. This
phase would involve the design and construction of DYEC heat recovery
system and transmission piping, as well as negotiation of Phase 2
agreements with landowners. This phase would also involve negotiation/
renegotiation of agreements associated with the DYEC to enable heat
recovery from the facility (i.e., with co-owner York Region, as well as the
facility operator).
C. 2034-2050: at least 90% of annual heating in buildings connected to the
CTOC DES is supplied by heat from DYEC.
d. 2050+: depending on growth outside the MTSA, the DES may be expanded
to serve additional areas and additional low -carbon heat supplies may be
connected as required.
4.5 Regional staff are seeking direction to explore potential funding and low interest
debt financing avenues, such as the Federation of Canadian Municipalities'
(FCM) Green Municipal Fund (GMF) program and the Canada Infrastructure
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Bank (CIB). In the last two years, CIB has provided over $1 billion dollars in debt
financing to three DES utilities. It is anticipated that available grant funding and
low interest debt financing could cover a portion of the project's capital costs,
potentially strengthening the financial viability of the proposed Courtice DES
project concept, as currently contemplated.
4.6 Although the Courtice DES project focuses on the feasibility of utilizing waste
heat from the Region's solid and liquid waste management facilities, there may
be additional energy sources and thermal waste heat that can be considered for
long-term expansion, as well as parallel initiatives that complement the project.
These are outlined below:
a. The Region's pursuit of Project Woodward, being the creation of a clean
energy business and industrial park, in the Clarington Energy Park offers
potential alignment and thermal load support for the Courtice DES.
b. The recent provincial announcement to build small modular reactors
S( MRs) also may present an opportunity to leverage nuclear waste heat in
terms of future district energy system expansions/ nodes.
C. There may also be opportunity to leverage industrial waste heat sources
located in proximity to the Courtice area, such as St. Mary's Cement plant.
5. Key Recommendations and Next Steps
5.1 Based on the Courtice DES preliminary business case findings, the following
recommendations are outlined to support the next steps identified in section 4:
a. Regional Council endorsement in principle of the Courtice DES project and
the recommendations of this report.
b. Undertake an evaluation of a preferred service delivery model for the
Courtice DES, exploring costs, risk mitigation and other potential Regional
implications for options ranging from municipal ownership, hybrid (public -
private), to fully private ownership and recommend a preferred model for
service delivery.
C. Collaborate with Clarington to integrate the DES concept into the CTOC
Secondary Plan, including definition of a DES service area focused on the
MTSA.
d. Engage with the CTOC landowner group and local energy utilities to seek
support for the successful implementation of the DES and foster
collaboration and alignment with project goals, and where applicable, gather
preliminary capital and operational cost estimates and related
implementation timelines and information for utility site servicing connections
and related approvals.
e. Engage with funding / financing agencies to pursue potential financing
sources such as FCM/GMF and CIB, as well as explore additional financial
tools and options to help capitalize the DES project.
Page 11
Report #2024-COW-1 Page 9 of 9
5.2 Staff in the CAO's Office, Finance, Works, and the Planning and Economic
Development departments have reviewed the content of this report and will
collaborate in implementing the recommendations of the report.
5.3 For additional information, contact: Ian McVey, Manager of Sustainability, at
905-668-7711, extension 3803.
6. Relationship to Strategic Plan:
This report aligns with the following strategic goals and priorities in the Durham
Region Strategic Plan:
a. Goal #1 — Environmental Sustainability
• Goal 1.1 - Accelerate the adoption of green technologies and clean
energy solutions through strategic partnerships and investment; and
• Goal 1.4 - Demonstrate leadership in sustainability and addressing
climate change.
b. Goal #3 — Economic Prosperity
• Goal 3.4 — Capitalize on Durham's strengths in key economic sectors to
attract high -quality jobs.
7. Attachments
Attachment #1: Courtice District Energy System Preliminary Business Case
Report
Respectfully submitted,
Original signed by
Sandra Austin
Executive Director, Strategic Initiatives
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
Page 12
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RESHAPE
STRATEGIES
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Page 13
RESHAPE
STRATEGIES
Attachment #1 to Report #2024-COW-1
Statement of Limitations
This report has been prepared by Reshape Infrastructure Strategies ("Reshape") for The
Regional Municipality of Durham (the Region), and for the exclusive use and benefit of the
Region ("Client"). This report represents the best professional judgment of Reshape, based on
the information available at the time of its completion and as appropriate for the scope of work.
Services were performed according to normal professional standards in a similar context and for
a similar scope of work.
Region of Durham Courtice Transit Oriented Community District tP geli4i4ry Business Case [Reshape Strategies P774]
RESHAPE
STRATEGIES
Attachment #1 to Report #2024-COW-1
Executive Summary
The Regional Municipality of Durham (the Region) engaged Reshape Infrastructure Strategies,
Kerr Wood Leidal, and RR Consulting to evaluate the business case for a District Energy System
(DES) serving the new, high -density Major Transit Station Area (MTSA) that is expected to
develop around the planned Courtice GO station in the Municipality of Clarington. The high -
density development is referred to as the Courtice Transit Oriented Community (CTOC).
The CTOC preliminary district energy business case evaluation was completed in two phases.
The first phase was a screening -level analysis of four different district energy concepts. The
concepts were evaluated on a lifecycle basis to identify the preferred energy source (either the
Durham York Energy Centre or the Courtice Water Pollution Control Plant) and system
configuration (heating and cooling versus heating only).
The screening analysis found that a heating only system with heat from the Durham York Energy
Centre has the lowest capital and lifecycle cost, as well as the lowest levelized cost of avoided
GHG emissions. This concept — heating -only service from Durham York Energy Centre — was
carried forward to the second phase, development of a DES Utility cost recovery model based
on utility rates and fees.
CTOC District Energy System Utility Cost Recovery Model
Prior to developing a District Energy (DE) Utility cost recovery model, the DES concept was
refined to include a temporary energy centre (a containerized gas boiler plant) located in
Courtice that will provide heating to the first buildings that develop in the CTOC. The temporary
energy centre will reduce investment risk by deferring the capital cost of connecting to the
Durham York Energy Centre until sufficient load has developed in the CTOC, while also ensuring
that the DES is ready to provide service when the first buildings in the neighbourhood require it.
The DE Utility rates and fees in this report are based on a revenue -neutral utility as shown in
Figure E1 (total revenues equal to lifecycle costs). The DE Utility rates and fees required for full
cost recovery indicated that the low carbon CTOC DES could provide the following benefits to
the Region of Durham, Municipality of Clarington, CTOC Landowners, and CTOC residents:
• Alignment with the Durham Community Energy Plan's objectives to reduce GHG
emissions and facilitate the transition to a clean energy economy. Buildings connected
to the CTOC DES will have a clear decarbonization pathway, avoiding carbon lock -in of
buildings. The CTOC DES is estimated to result in 130,000 tonnes of cumulative avoided
GHG emissions in the first 30 years of the project as compared to the Business -as -Usual
Reference Case (see Figure E2) of heating with natural gas.
• The preferred low -carbon DES is the lowest -cost pathway to decarbonizing building
heating in the CTOC.
o The DES business case indicates that the low -carbon DES will result in lower
thermal energy costs for rate payers than electrification of heating at the
building level (via air source heat pumps and electric boilers in the 100%
Electrified Reference Case — see Error! Reference source not found.).
Region of Durham Courtice Transit Oriented Community District tP geli4i6ry Business Case [Reshape Strategies P774]
RESHAPE
STRATEGIES
Attachment #1 to Report #2024-COW-1
o District energy will allow CTOC building owners to be less exposed to escalating
electricity costs than if CTOC buildings are built with 100% Electrified heating
systems (Figure E3).
o From a landowner (developer) perspective, connecting to a low carbon DES is a
lower -cost pathway than constructing on -site low -carbon heating systems (see
Figure E4).
Increased building design flexibility relative to on -site low -carbon heating systems and
reduced noise impacts.
Reduced strain on the electrical distribution system relative to building -scale electric
heating systems.
Although the DE Utility business case base scenario is presented as "revenue neutral" in this
report, there are several opportunities that could result in a positive net present value for the
DE Utility over the 30-year project lifecycle, including:
Increasing DE utility rates to capture some of the rate payer energy cost savings relative
to the alternative decarbonization pathway of 100% electrified heating as revenue for
the utility.
• Access to low-cost debt financing through the Canada Infrastructure Bank (which has
signed financing agreements with multiple public and privately owned DE utilities).
Access to grant funding through organizations and funding streams such as the
Federation of Canadian Municipalities' Green Municipal Fund and the Low Carbon
Economy Fund.
CTOC District Energy System Project Risks
There are several key risks that would adversely impact the business case for the CTOC district
energy system by significantly increasing the cost of DES service (resulting in higher DES rates or
a revenue shortfall for the DE Utility). These risks include:
• Higher capital costs and higher cost escalation.
• Higher financing costs.
• Lower heating demands and slower build out than modeled.
• Excluding the Courtice Water Pollution Control Plant from the DES load forecast.
The DES business case sensitivity analysis is provided in Figure E5.
Region of Durham Courtice Transit Oriented Community District tP gi&1 1i I6ry Business Case [Reshape Strategies P774]
Attachment #1 to Report #2024-COW-1
LRAPETEGIES
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80,000
70,000
60,000
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50,000
40,000
c
30,000
20,000
i%
10,000
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Revenues Costs
■ DE Fixed Rate Revenue ■ DE Variable Rate Revenue ® Fuel Costs
❑ Carbon Taxes ❑ Non Fuel Operating Costs ❑ Capital and Financing Costs
Figure E1: DE Utility Costs Equal to Utility Revenues on a Present Value Basis
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160
a) 120
N
O
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80
40
0
DES GHG 100% Electrified Green Development Business -as -Usual
Emissions Reference Case Standard Reference Reference Case
GHG Emissions Case GHG GHG Emissions
Emissions
Figure E2: Cumulative GHG Emissions from the CTOC DES and Reference Cases
Region of Durham Courtice Transit Oriented Community District tP geliQaary Business Case [Reshape Strategies P774] 4
Attachment #1 to Report #2024-COW-1
LRAPETEGIES
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-DES Case Residential Unit Monthly Costs
••••.•• 100% Electrified Reference Case Residential Unit
Monthly Costs
Green Development Standard Reference Case
Residential Unit Monthly Costs
Business -as -Usual Reference Case Residential
Unit Monthly Costs
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N M M M to M M 0 N R to to M 0 N M
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N
Figure EI Representative Monthly Costs for Residential Unit with 2.6% annual electricity
price escalation (left) and 4% annual electricity price escalation (right).
100,000
On -site Cooling Systems
90,000
DES Connection
80,000
Charges
70,000
60,000
0
50,000
a
40,000
30,000
20,000
10,000
0
Reference Case - Reference Case - Reference Case - District Energy
100% Electrified Green Development BAU
Standard
Figure E4: 30-Year Present Value of Landowner (Developer) Costs to Connect to District
Energy compared to the 100% Electric and natural gas BAU reference cases.
Region of Durham Courtice Transit Oriented Community District Pegeli4i$ry Business Case [Reshape Strategies P774]
5
Attachment #1 to Report #2024-COW-1
ERTEHAPEATEGIES
Higher Turbine Extraction Efficiency (7 MWth/Mwe)
Lower Turbine Extraction Efficiency (5 MWth/MWe)
$3 million Capital Grant from Senior Government
Higher Staffing Costs (4 FTEs)
Lower Staffing Costs (2 FTEs)
Inclusion of Food Waste AD Facility
Inclusion of Liquidated Damages in Cost of Heat
Higher Discount Rate (8%)
Higher Capital Cost Escalation (5%)
Lower Capital Cost Escalation (2.5%) -
Lower Discount Rate (3%) -
$10 million Capital Grant from Senior Government -
Exclusion of CWPCC as DE Customer -
Lower Financing Costs (2.5%) -
50-year Build -out -
Higher Financing Costs (8%) -
30-year Build -out
Target Growth Scenario
30% Capital Cost Decrease
30% Capital Cost Increase
-30 -25 -20 -15 -10 -5 0 5 10 15 20 25 30
Figure E5: DES Business Case Sensitivity Analysis
Change in DE Utility NPV ($ million)
(Base Case NPV = $0)
Region of Durham Courtice Transit Oriented Community District Energy Preliminary Business Case [Res hP rgeAR74]
6
RESHAPE
STRATEGIES
Attachment #1 to Report #2024-COW-1
Recommendations and Next Steps
Based on the benefits provided by district energy in the CTOC, Reshape recommends that the
Region undertake the following next steps to advance the project:
Include District Energy in the CTOC Secondary Plan: Collaboration with the Municipality
of Clarington to include DE supportive policies in the Secondary Plan will provide
legitimacy for the system and provide clarity for landowners with respect to energy
services in the neighbourhood. In addition, including DE in the CTOC Secondary Plan
may also support funding applications and discussions with potential DE partners and
sources of financing (such as the Canada Infrastructure Bank).
Identify a Preferred Ownership Model and Delivery Strategy: It is recommended that
the Region conduct a structured evaluation of different CTOC DES ownership models to
identify the one that best aligns with the Region's objectives. This analysis will include
an examination of costs and benefits associated with transferring project risk through
public private sector partnerships.
Engage with Landowners: It is recommended that the Region and the Municipality
engage with landowners in the CTOC to ensure that they understand the benefits and
impacts of the DES on their buildings and business models. Securing the support of
landowners early in the project development process will support the objective of
including DE in the CTOC Secondary Plan.
Engage with Local Utilities: District Energy in the CTOC will impact the infrastructure
requirements of other local utilities in the area.
Achieving low -carbon development in the CTOC without electrifying building
heating will reduce the capacity requirements of local electrical distribution
infrastructure in the CTOC. It is recommended that the Region engage with
Hydro One to identify the magnitude of Hydro One infrastructure cost savings
from developing the proposed DE concept. There may be an opportunity for the
DES project to be recognized as a "non -wires alternative", potentially enabling
access to funding support through Hydro One, the Independent Electricity
System Operator, or the Ontario Energy Board.
The DES will greatly reduce or eliminate the need for gas distribution
infrastructure throughout the CTOC, replacing it with a single large gas service
connection to the Courtice District Energy Centre. If the DES proceeds, the
Region should communicate with Enbridge to avoided stranded or underutilised
gas distribution infrastructure in the CTOC.
Consideration of District Cooling: The analysis completed as part of this study showed
that on a lifecycle cost basis, in -building cooling systems are lower cost than district
cooling in the CTOC. However, some landowners may see additional value in eliminating
cooling equipment from their buildings, freeing up valuable building rooftop space and
reducing noise and vibration issues. If landowners in the CTOC are strongly in favour of
district cooling and express a willingness to pay a premium to eliminate cooling
equipment in their buildings, the Region could consider developing a district cooling
Region of Durham Courtice Transit Oriented Community District egeiiA)ry Business Case [Reshape Strategies P774] vii
RESHAPE
STRATEGIES
Attachment #1 to Report #2024-COW-1
business case in partnership with the CTOC landowners, or potentially facilitating a
procurement process for a private sector utility to deliver district cooling in the CTOC
with landowner group participation. District cooling would also benefit Hydro One, as it
would further reduce the electrical distribution system loads, as noted above.
Integration of DE Modifications with Other Projects at DYEC: there is significant
potential for interaction with overall DYEC performance related to the design and
operation of the DES, including opportunities to enhance plant performance relative to
existing conditions.
Given the complexities of DYEC ownership and operational agreements and
environmental permits, agreements with the facility owners and operator will be
required to further the development of design components as well as incorporate any
operations and maintenance activities. Opportunities for efficiencies to both parties,
such as the addition of DE steam extraction from the low-pressure port (rather than the
high-pressure port, as specified in the original facility agreement) may be explored as
part of the negotiations.
RR Consulting recommended that after implementation of the new systems, the actual
performance should be verified by a third party and mutually agreed by both parties to
ensure adequate and continued system performance.
As noted above, these terms can only be finalized once the system requirements and
equipment design of the DE system is known, however a Memorandum of
Understanding on the process and principles for developing the agreement could be
agreed to in advance with relevant stakeholders.
Evaluation of the CWPCP RNG Upgrader Business Case: Since the CWPCP is currently
heated with low -carbon biogas produced on -site, the driver for connecting the CWPCP
to the Courtice DES is the potential to free up the biogas for RNG upgrading (rather than
GHG emissions reductions). To confirm whether the CWPCP should connect to the DES,
the business case for an RNG upgrading system at CWPCP should be evaluated.
Refinements to DES Concept and Business Case: As further details of the land use in
the CTOC are available, the DE distribution piping system concept should be refined and
optimized based on a proposed site for the Courtice Permanent (and Temporary)
Energy Centre. This step could include developing a defined "Phase 1" DE service area,
based on near -term development proposals.
In addition, the sizing of the transmission pipe from DYEC to Courtice should be
reviewed and optimized. Currently the piping is sized to transmit 15 MW of heat from
DYEC, which is more than necessary to serve the Courtice DES base load, however this
should be weighed against the future option value of increasing the low -carbon heat
supply from DYEC.
Lastly, the Region may want to consider co -locating the DES distribution piping with the
pedestrian / cyclist infrastructure that would connect the CTOC to the lakeshore as a
means of reducing the costs of crossing the 401 and streamlining the approvals process.
Region of Durham Courtice Transit Oriented Community District PPec gi&124ry Business Case [Reshape Strategies P774] viii
DURHAM
REGION
Courtice Transit -Oriented
Community District Energy
System
Ian McVey, Manager of Sustainability, CAO Office
Municipality of Clarington General Government
Committee — February 5t", 2024
District Energy — An introduction
District Energy Systems: DE systems are centralized
systems where thermal energy (i.e., heating and cooling)
is distributed via underground pipes to multiple buildings
in a neighbourhood, downtown district, or campus.
• The improved efficiencies and potential for low -
carbon fuel sources in DE systems make them a key
part of climate change and renewable energy
strategies.
• DE systems are well developed in many European
cities, largely as a legacy of the 1970's energy crises.
• In Denmark, Sweden & Finland, DE accounts for
50-60 percent of the total heating market
nationally.
Enerav Centre
Geoexchange under
Starmwater pond
• Interest in community -scale DE systems in North America is growing due to its benefits
from an energy security and environmental sustainability perspective.
Page 23
durham.ca 2
Lk
Strategic alignment
• Envision Durham: highlights the importance of supporting the
development of low carbon energy systems such as DE. The plan
encourages the development of district energy systems to provide
low carbon energy to Community Areas, with a focus on
connectivity to existing or planned DE networks.
• Durham Community Energy Plan: sets ambitious emission
reduction targets. Projected growth in population and need for new
home construction creates an emerging need to develop low and
zero carbon energy infrastructure.
o DE feasibility is highly correlated with density of land use — i.e.,
greater density increases the business case for DE systems.
o DE systems projected to contribute to 16% of Region's
emissions reductions (low carbon pathway).
ENVISION
DURHAM
• Community Host Agreement between Region & Clarington outlines commitment to
promote development within Clarington Energy Business Park to utilize district
heating provided by Energy -From -Waste (EfW) Facility.
Page 24
durham.ca 3
Project History & Context
• Prior study completed by FVB Energy in 2021/22
• Evaluated DE potential for a very large service area
• Current work is focused on the area surrounding the future
Courtice GO Station (i.e. Major Transit Station Area, or
"MTSA")
COYR-ce Fn+ptOyn.cne lfnds
COYrtice W.Wl—t fnd Energy perk
Oreh MTSA B'—dsry
idcAhe.i c.."'f
SOl1lyfNfi� [OYKKf
Figure 1: Clarington Secondary Alan Areas
kwl
Current Service Area Boundary
for DES Business case
Courtice Transit Oriented Community (CTOC)
Preliminary Land Budget 2023110116
Page 25 4
District Energy Options Evaluated
Heating
and
Cooling
(CWPCC)
Heating
and
Cooling
(DYEC)
13 RESHAPE
STRATEGIES
Four technical concepts were
developed based on the following
variations:
— Heating only
— Heating and cooling
— Low -carbon energy from Durham
York Energy Centre (DYEC)
— Low -carbon energy from Courtice
Water Pollution Control Centre
(CWPCC)
Page 26
District Energy Options Evaluated -Heating
Only
A heating -only system with heat from
DYEC is the preferred DES concept and
the basis of the DE business case
because it:
• Has the lowest capital and lifecycle
cost,
• Results in an 75% reduction in GHG
emissions from gas boiler BAU over
analysis period.
• Results in the lowest cost per tonne of
avoided GHG emissions.
1. Including the capital and lifecycle costs of in -building cooling systems
Page 27
DYEC Heating Only - DES Business Case
225
200
' 175
0
E 150
a 125
U
a) 100
U
CD 75
J
25
Lifecycle Cost of DE vs. Reference Case
Reference Case 100% Electrified DE -Heating Only (DYEC)
■ Capital & Financing Costs ❑ Fuel Costs ❑ Carbon Tax ❑ Non -Fuel O&M
E
HAPE
ATEGIES
To achieve similar GHG outcomes without the
DES, all buildings in the Courtice MTSA would
need to have 100% electrified heating (Reference
case).
The lifecycle cost of low -carbon heating in the
Courtice MTSA supplied by DE is lower than
electrification of heating at the building level.
In the reference case, fuel costs are -40% of the
lifecycle cost and capital is -40%. In the DE case,
capital and financing costs are 55% of the total
lifecycle cost and the fuel cost is 12%.
- DE provides greater energy cost stability to
MTSA residents, relative to building
electrification, due to reduced exposure to
escalating electricity rates.
Page 28
DES Business Case
Business case is presented as cost neutral from the DE Utility, with lower energy costs for DE
rate payers and lower capital costs for landowners than the 100% electrified reference case.
DE Utility Cost Recovery
DE Utility Revenues Equal to
Costs on PV Basis
90,000
80,000
70,000
60,000
0
0 50,000
40,000
c
30,000
m
20,000
a
10,000
0
Revenues
■DE Fixed Rate Revenue
®Fuel Costs
❑Non Fuel Operating Costs
Costs
■ DE Variable Rate Revenue
❑ Carbon Taxes
❑ Capital and Financing Costs
Rate Payer Costs
Monthly Heating and Cooling for Typical
Residential Unit lower with DE than with
300
250
Q116,
c
150
100
50
0
LO
N M M M M M LILn L 0 It EO co O7 in Ln
O O O 4 O O 9 O O O O O 4 O 9
N N N N N N N N N N N N N N N
—DES Case Residential Unit Monthly Costs
......• 100% Electrified Reference Case Residential Unit
Monthly Costs
Green Development Standard Reference Case
Residential Unit Monthly Costs
— — Business -as -Usual Reference Case Residential
Unit Monthly Costs
100,000
90,000
80,000
70,000
00 60,000
j 50,000
a
40,000
30,000
20,000
10,000
0
E
HAPEATEGIES
Landowner Costs
DE Connection Fees Lower than Cost
On -site Cooling Systems
DES Connection
Charges
Reference Case - Reference Case - Reference Case - District Energy
100% Electrified Green Development BAU
Standard
Page 29 8
Sensitivity to Electricity Rate Escalation
Electricity Rate Escalation at 2.6% (Base Case)
300
250
200
c
E 150
100
� r
50
Al
M O N CD O O N It CD M O N K CD
N M M M M M19T Iq IqI�r 11 M M N 0
O O O O O O O O O O O O O O O
N N N N N N N N N N N N N N N
IDES Case Residential Unit Monthly Costs
......• 100% Electrified Reference Case Residential Unit
Monthly Costs
Green Development Standard Reference Case
Residential Unit Monthly Costs
— — Business -as -Usual Reference Case Residential
Unit Monthly Costs
Electricity Rate Escalation at 4%
300
250
200
s
0 150
E
100 r r
50 —
0
MON RT CD M O N IqcD O O N q* CD
N M M M M MIt M M M M
O O O O O O O O O O O O O O O
N N N N N N N N N N N N N N N
—DES Case Residential Unit Monthly Costs
......• 100% Electrified Reference Case Residential Unit
Monthly Costs
Green Development Standard Reference Case
Residential Unit Monthly Costs
— — Business -as -Usual Reference Case Residential
Unit Monthly Costs
E
HAPEATEGIES
Page 30 9
PPPP_ "944
Potential for Low-cost Financing and Grants kwl .ESHAPE
• Over the past 2 years Canada Infrastructure Bank has entered into financing agreements
with three DES utilities totaling more than a billion dollars.
• Many low -carbon DE projects secure lesser amounts as grants through the Green
Municipal Fund.
Selection of Funding and Financing Recipients (non -exhaustive)
- Name of • •
Canadian Infrastructure Bank (CIB) Markham Centre District Energy 135
Canadian Infrastructure Bank (CIB) Enwave Energy Corporation 600
Green Municipal Fund (GMF) Markham Centre District Energy 1 7.2
Green Municipal Fund (GMF) Zibi Community Utility 3 20
Green Municipal Fund (GMF) City of Vancouver NEU 1.5 15
Green Municipal Fund (GMF) Lonsdale Energy Corporation 2 2
Low Carbon Economy Fund Enwave Energy Corporation - PEI 3.5
Page 31
DISTRICT ENERGY OWNERSHIP MODELS
w
i
♦ Mandatory Connection Bylaw in DE Service Area
- Economic Regulation by Utilities Commission
Under any ownership model, the
Municipalities will have a key role in mitigating
connection risk
DEPARTMENT SUBSIDIARY AGREEMENT PARTNERSHIPS COOPERATIVE NON-PROFIT FOR -PROFIT
Southeast +Lonsdale Energy
False Creek Corporation
(Vancouver) (North Van)
Markham District
Energy
* Lulu Island
Energy
(Richmond, BC)
Enwave & City
of Toronto
Joint
Development
Agreement
No Canadian examples
RESHAPE
STRATEGIES
• Enwave
• Creative Energy Vancouver
• SFU UniverCity (Corix)
• Calgary District Heating Inc.
Page 32 11
Municipal District Energy Supportive Policie RESHAPE
STRATEGIES
As part of developing and implementing a DES strategy it will be
important to ensure that the Official Plan framework of the
Municipalities contemplates and supports the DES strategy.... The
"Planning Act" precludes municipalities from proceeding with public works
or passing by-laws unless they conform with their Official Plans.
It will also be important to incorporate DES supportive policies into the
Courtice Transit -Oriented Community (CTOC) Secondary Plan to support
future implementation of a DES focused on serving new development in
the CTOC MTSA.
Page 33
Target Project Development Timeline & RESHAPE
wSTRATEGIES
Process
• Inclusion of DE in CTOC Secondary Plan Near term priority is to include enabling policy for DE in the
• Evaluation and selection of preferred ownership model CTOC Secondary Plan.
• Negotiation of agreements for Phase 1 project delivery
• Phase 1 DES in service
• Heat supply from temporary gas boiler plant in MTSA
• Negotiation of Phase 2 agreements
• Design and construction DYEC heat recovery system and
transmission piping
• Heat supply from DYEC connected to Courtice DES
2034- • Connection to DYEC to decarbonize heat supply
2050
• Expansion beyond Courtice MTSA
U8147810
• The objective is to have DE service available in time for the
first buildings in the CTOC to connect.
• The DE Service Area and Phasing Plan will be developed in
coordination with Landowner's Group.
• To manage investment risk, the first phase of the DES is
planned to be served by a temporary gas boiler plant (or
plant integrated with a municipal facility).
• Once sufficient load is connected to the DES, the connection
to DYEC will be completed, decarbonizing the heat supply to
all buildings connected to the DES.
• Depending on growth outside the MTSA, the DES may be
expanded to serve additional areas.
Page 34
Regional Council Direction...
A. Endorse in principle the concept of a district energy system in the
Courtice Transit -Oriented Community as presented in Report #2024-
COW-1
B. Direct staff to collaborate with Clarington to integrate DES concept into
CTOC Secondary Plan, including definition of a DES service area focused
on the MTSA.
C. Support engagement with funding/ financing agencies to pursue
potential financing sources such as FCM/ GMF and CIB, as well as explore
additional financial tools and options to help capitalize the DES project.
D. Support evaluation of ownership and governance models for the
Courtice DES, and direct staff to report back to Council with a
recommendation and updated business case.
Page 35
durham.ca 14
7wD7D))
DURHAM
REGION
Thank You!
Ian McVey, Manager of
Sustainability, CAO —
Strategic Initiatives
905-686-7711 extension 3803
an.mcvey(a-aurnam.ca
durham.ca
BRegionofflurham
f V in 0
Clarftwn
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: February 5, 2024
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary -Anne Dempster, CAO
Authored By: Pinder DaSilva, IDEA Officer
File Number:
Report Number: LGS-003-24
By-law Number:
Resolution#:
Report Subject: Intimate Partner Violence — Follow Up on Direction
Recommendation:
1. That Report LGS-003-24, and any related delegations or communication items, be
received for information;
2. That, in an effort to help prevent Intimate Partner Violence, Council take the following
actions:
a. Affirm that Intimate Partner Violence (IPV) has reached epidemic proportions;
b. Continue to advocate, to the Region of Durham, for transportation services for
residents accessing IPV-related support where public transportation is
inadequate, or not available;
c. Continue advocating for expanded cell service and high-speed internet
throughout the community; and
d. Continue to promote and support community safety outreach programs across
the Municipality.
3. That the IDEA Officer be directed to:
a. Arrange training, in 2024, for front-line staff who may encounter IPV situations;
Page 37
Municipality of Clarington Page 2
Report LGS-003-24
b. Incorporate a reference to IPV within Clarington's 2024 Reconciliation Action
Plan.
4. That Clarington Community Engagement Staff take the following actions:
a. Promote and share public education campaigns to promote awareness about IPV
including, where available, in multiple languages and formats;
b. Identify/create, by end of 2024, private confidential spaces in libraries and
community centres, where victims of IPV could make phone calls to shelters,
police and victim services for support and guidance;
c. Co -host age -appropriate community awareness programs which address IPV in
2024/2025;
d. Propose a funding stream, as part of the 2025 budget, within the Community
Funding Program, which supports community safety programs, including IPV,
especially in rural areas of Clarington; and
e. Install information and resources in recreation facility washrooms and community
message boards in 2024.
5. That this resolution be forwarded to all Durham MPPs, the Ministry of the Attorney
General, the Ministry of Women's Social and Economic Opportunity, Durham Region
Council, all lower -tier Durham municipalities, and Durham Regional Police Services
Board.
Page 38
Municipality of Clarington
Report LGS-003-24
Page 3
Report Overview
This report provides recommendations to implement actions to help prevent Intimate Partner
Violence (IPV).
1. Background
1.1 Clarington is committed to providing a safe, diverse, inclusive, and vibrant community
for its residents. Strategic Priority C.2.5 is committed to "supporting the proactive
management of community safety and well-being" and includes the following actions:
• Collaborate with Durham Regional Police Services — Community Safety Advisory
Council to support the proactive management of community safety matters.
• Support the development and implementation of the Community Safety and Well -
Being Plan (facilitated by Region of Durham).
• Prioritize initiatives to improve community safety and well-being.
1.2 In March 2023, a fury made 86 recommendations to the Province resulting from the
inquest into the murders of Carol Culleton, Anastasia Kuzyk and Nathalie Warmerdam
who were murdered as a result of intimate partner violence (IPV) in 2015.
1.3 On April 26, 2023, Durham Regional Council adopted a resolution to declare an IPV
epidemic and to integrate IPV into the Region's Community Safety and Well -Being Plan.
1.4 In response to the jury's recommendations, on June 12, 2023, Clarington Council
approved Resolution #GG-121-23, a New Business item brought forward.
Whereas Intimate partner violence (IPV) is physical, sexual, coercive control,
emotional abuse and aggression that occurs in an intimate relationship;
Whereas supporting efforts to address gender -based violence, which
disproportionately impacts BIPOC women and girls would align with the Ontario
governments' Anti -Black Racism Strategy, Ontario Health's Equity, Inclusion,
Diversity and Anti -Racism Framework, The National Action Plan to End Gender
Based Violence, and Truth and Reconciliation Call to Action #40";
Whereas on the morning of September 22, 2015, Carol Culleton, Anastasia
Kuzyk, and Nathalie Warmerdam were murdered by a former partner;
Whereas on June 28, 2022, a five -person jury established as part of a coroner's
inquest into the events of September 22, 2015, delivered 86 recommendations;
Page 39
Municipality of Clarington
Report LGS-003-24
Page 4
Whereas specific legislation addressing family and domestic violence has been
passed by six provinces and three territories; however, Ontario has not
implemented this type of legislation;
Whereas the Violence Prevention Coordination Council of Durham (VPCC),
which represents 35 local agencies including Bethesda House, Luke's Place,
Herizon House, Victim Services, and the Durham Rape Crisis Centre, reported a
significant increase in demand for assistance from local IPV support providers. In
the fiscal year 2021-22, Durham Victim Services supported 4,438 victims of
Intimate Partner Violence, up 32% over four years and supported 916 victims of
Sexual Violence, up 277% over four years. The four local shelters in the fiscal
year of 2021/22 served over 500 survivors in shelter, served 4,400 on their crisis
lines, and sadly turned away 1,374 victims of gender -based violence;
In 2022/23 fiscal years the numbers increased, serving over 600 (20% increase)
survivors in shelter, served 6,047 (37.5% increase) on the crisis lines, and
regrettably had to turn away 1,886 (37.2% increase) women and children seeking
safety in our shelters; and
Whereas the City of Ottawa, Renfrew County, and Lanark County have passed
motions declaring an IPV epidemic and acknowledging the 86 recommendations
in the Renfrew County Inquest.
Now therefore be it resolved:
That the Municipality of Clarington supports the Region of Durham who
have declared IPV an epidemic and call on the Ontario Government to do
the same, as per recommendation #1 of the Renfrew County Inquest;
That the Region of Durham integrate IPV into the Region's Community
Safety and Well -Being Plan, as per recommendation #10 of the Renfrew
County Inquest;
That Staff investigate the recommendations of the Renfrew County
Inquest and report back on which recommendations could be
implemented by the Municipality of Clarington; and
That this motion be distributed to all Durham MPPs, the Ministry of the
Attorney General, the Ministry of Women's Social and Economic
Opportunity, all lower -tier Durham municipalities, Durham Regional Police
Services Board, Renfrew County, and the Association of Municipalities of
Ontario.
1.5 Staff have reviewed communications from other municipalities and investigated the
recommendations.
Page 40
Municipality of Clarington Page 5
Report LGS-003-24
1.6 Staff have reviewed the recommendations of the Renfrew County Inquest, and this
Report outlines actions that could be implemented, by Clarington, the IDEA Officer,
Community Engagement Staff and by the Region of Durham.
1.7 The Region of Durham has provided an update on September 25, 2023 Report #2023-
A-15 indicating a motion was made to implement Recommendation 1 and
Recommendation 10 of the Renfrew County Inquest Recommendations, and have been
developing a joint work plan outlining the regional response to the intimate partner
violence epidemic.
1.8 Bethesda House serves the Clarington community through a comprehensive system of
professional supports to diverse individuals dealing with all types of abuse and gender -
based violence including but not limited to, domestic violence, sexual assault, human
trafficking, familial abuse, cultural violence, and elder abuse. Bethesda House is part of
a Region -wide network of organizations that include other women's shelters, police
service, victim service and the Region of Durham.
2. Other Municipalities
2.1 Many municipalities and regions including OBCM (Ontario Big City Mayors), and
MARCO (Mayors and Regional Chairs of Ontario) members have declared a gender -
based violence and/or intimate partner violence epidemic.
3. Clarington Council Actions
3.1 Previously, Clarington had supported the Region of Durham's declaration of the IPV
epidemic. Staff are suggesting that Clarington could take it a step further and affirm that
Intimate Partner Violence (IPV) has reached epidemic proportions as the impetus for
taking these other steps.
3.2 Having access to reliable public transportation may be the only means for some IPV
victims to access supports and resources. Given the fact that some areas across
Clarington have inadequate, or lack of, public transportation, staff recommend that the
Municipality of Clarington Council continue to advocate to the Region of Durham for
transportation services, through Durham Region Transit and other transit providers
(taxis, Uber, etc.), for residents accessing IPV-related support where public
transportation is inadequate or not available.
3.3 Clarington residents in key, under -serviced rural areas continue to face challenges with
access to cell service and high-speed internet, potentially impacting their health and
safety. Staff are suggesting that the Municipality of Clarington continue advocating for
expanded cell service and high-speed internet throughout the community to improve
safety and access to services.
Page 41
Municipality of Clarington Page 6
Report LGS-003-24
3.4 Creating a safe community where residents have access to resources and services in a
timely manner, requires a collaborative approach between different partners across
Clarington. Staff suggest that the Municipality of Clarington, in collaboration with
Durham Region, Durham Regional Police Service, and Clarington Libraries, Museums &
Archives (CLMA), promote and support community safety outreach programs across the
Municipality.
4. Clarington IDEA Officer Actions
4.1 It is essential that front-line staff has the training and skills needed to recognize intimate
partner violence and provide referrals to support and resources to victims. It is
recommended that the 2024 IDEA staff training schedule include collaborating with
subject matter experts in the community (Durham Region Police Services (DRPS),
Bethesda House, Community Development Council of Durham, and more) to provide
specialized, job and culturally appropriate education/training for front-line staff who may
encounter IPV situations (Municipal Law Enforcement Officers, Library, Customer
Service, Recreation program/facility staff, Human Resources, Health and Safety, Animal
Services, and more). This training would include gender -based violence awareness
training, perhaps lived experience sessions, etc.
4.2 Clarington is committed to creating a safe community for everyone, including those
experiencing intimate partner violence. To highlight the importance of this commitment,
the IDEA Officer will incorporate a reference to IPV within Clarington's 2024
Reconciliation Action Plan (currently in development) (which includes similar Calls for
Justice found in the Missing and Murdered Indigenous Women and Girls Final Report).
5. Clarington Community Engagement Staff Actions
5.1 Community Engagement staff sit on the Durham Regional Police Central East Division
Community Safety Advisory Council (CSAC) as a participant and liaison for the
Municipality. Through the existing relationship with DRPS Community Safety Advisory
Council, and the Durham Region Community Safety and Well Being Plan Municipal
Working Group, promote and share new and/or existing public education campaigns to
promote awareness about IPV including seeking support, access to resources, risk
factors and warning signs, community, and bystander engagement, and where
available, in multiple languages and formats. Consideration will be given to ensure the
inclusion of our rural residents in the messaging and materials.
5.2 Easy -to -access community -based safer spaces are integral to ensuring the well-being
of the community. It is recommended the Municipality of Clarington by the end of 2024,
working with the CLMA, identify/create safe and private spaces in libraries and
community centres, where victims of IPV could make phone calls to shelters, police and
victim services for support and guidance.
Page 42
Municipality of Clarington Page 7
Report LGS-003-24
5.3 There is a need for additional financial supports to develop resources, especially in rural
areas of Clarington. Community Services staff will research, propose, and develop a
funding stream, starting in 2025, within the Community Funding Program, which
supports community safety programs, including IPV.
5.4 Public awareness programs can have a tremendous impact on bringing communities
together to mobilize local knowledge and resources. It is recommended that, with our
community partners, the Community Services staff co -host age -appropriate community
awareness programs which address IPV in 2024/2025.
5.5 It can be difficult for many victims of intimate partner violence to easily access
information on supports and resources without repercussions that impact their safety
and health. It is recommended that information, and resources (e.g. pamphlets,
handouts from women's shelters, men's programs, etc.) be installed in recreation facility
washrooms and community message boards in 2024.
6. Financial Considerations
6.1 A funding stream is being recommended, for consideration in the budget of the
Community Funding Program, beginning in 2025. Amounts and projects to be
determined prior to submission of the 2025 budget.
7. Concurrence
This report has been reviewed by the Deputy CAO, Public Services who concurs with
the recommendation.
8. Strategic Plan
8.1 This report aligns with Strategic Priority C.2.5 which states that Clarington is committed
to "supporting the proactive management of community safety and well-being" and
includes the following actions:
• Collaborate with Durham Regional Police Services - Community Safety Advisory
Council to support the proactive management of community safety matters;
• Support the development and implementation of the Community Safety and Well -
Being Plan (facilitated by Region of Durham); and
• Prioritize initiatives to improve community safety and well-being.
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Municipality of Clarington
Report LGS-003-24
9. Conclusion
Page 8
It is respectfully recommended that Council approve the Staff recommendations made
in this report to enact action plans for Council, the IDEA Officer, and Community
Services Staff to combat Intimate Partner Violence.
Staff Contact: Pinder DaSilva, IDEA Officer, 905-623-3379 ext. 2563 or
pdasilva@clarington.net.
Attachments:
Not Applicable
The following interested parties will be notified of Council's decision:
Regional Municipality of Durham
Clarington Library, Museums and Archives
Bethesda House
Community Development Council Durham
Page 44
Clarftwn
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: January 15, 2024 Report Number: CAO-001-24
Submitted By: Mary -Anne Dempster, CAO
Reviewed By: Resolution#:
Authored By: Mary -Anne Dempster, CAO
File Number: By-law Number:
Report Subject: Define and Determine the Duties and Responsibilities of the CAO
Recommendations:
1. That Report CAO-001-24, and any related delegations or communication items, be
received;
2. That the By-law attached to Report CAO-001-24, as attachment 1, be approved; and
3. That all interested parties listed in Report CAO-001-24, and any delegations be
advised of Council's decision.
Page 45
Municipality of Clarington
Report CAO-001-24
Report Overview
Page 2
The purpose of this report is to update By-law 98-171, which defines and determines the
duties and responsibilities of the Chief Administrative Officer (CAO) under the Municipal Act.
As a growing and modernizing Municipality, the enhanced By-law articulates the scope of
responsibilities of the CAO in the context of recent legislative changes and the Municipality's
new organizational structure.
1. Background
1.1 By-law 98-171 covers the duties and responsibilities of the Chief Administrative Officer
(CAO). It was passed on November 27, 1998.
1.2 Over the last 25 years, the Municipality has grown from a small organization to a large
organization that requires empowerment with clear expectations to deliver, consistent
with the duties afforded to the CAO under the Municipal Act.
1.3 Recent legislation changes have provided the need to review and update By-law 98-
171.
1.4 By-law 98-171 has been reviewed in the context of the legislative changes and new
organizational structure — with a focus on ensuring clarity and completeness.
1.5 Clarington's By-law 98-171 has been compared to those from the other Durham
Lakeshore municipalities for consistency and completeness.
2. Review and Identified Changes
2.1 The proposed By-law has been updated and modernized, and also includes
expectations — all of which are in line with the duties assigned to the CAO under the
Municipal Act.
2.2 The enhanced structure of the By-law provides for the establishment of the By-law and
the scope of responsibility.
2.3 By-law 98-171 identifies expectations within the body of the By-law under Section 4 and
encompasses sub -sections 4.a) to 4.cc). Under the proposed By-law, the expected
duties of the position are now housed in "Schedule A" and broken into three distinct
sections: General Duties and Responsibilities of the CAO; Human Resource
Management and Administration; and Financial Management to clearly understand in
what aspect duties are assigned.
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Municipality of Clarington
Report CAO-001-24
Page 3
2.4 The new structure is consistent with that of the other Lakeshore Municipalities in
Durham, including the duties assigned. It provides the necessary flexibility to manage
operations effectively and efficiently, as assigned under the Municipal Act.
2.5 With the format change, it was not possible to provide a red -lined version. Instead,
tables have been developed to provide the roadmap to where to find the existing
authority in the proposed By-law. The sections that were not included and those which
have been added have been identified.
2.6 Sub -Sections 4.j), 4.1), 4.r), 4.y) and 4.cc) of By-law 98-171 have been removed as they
are operational in nature and too specific to how duties are to be performed. They are
inherent in the duties provided for.
2.7 The following table illustrates the comparison between the proposed By-law Schedule A
duties under Section 1 and those provided for in By-law 98-171 Section 4. Sub -sections
a), c), n) and o) have been added to the proposed By-law to provide clarity and
completeness. The duties identified are not new, they are consistent with current
practice, but are now clearly articulated.
Proposed By -Law -Schedule A
Existing By -Law -Section 4
1. General Duties and Responsibilities of the CAO
Subject to the provisions of the Municipal Act, 2001, as amended from to time, be
responsible for the general duties, authorities and responsibilities as follows:
a) To protect the interests of the
Corporation, financial and otherwise;
b) Develop short and long-term goals,
b) Collaborate with Municipal Council
strategies, and operating plans to implement
and the Administrative Branch in the
Council's strategic plans and priorities and
development and administration of the
provide recommendations to Council in
Municipality' s objectives and major
collaboration with Senior Leadership Team
policies.
(SLT), where appropriate;
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Municipality of Clarington
Report CAO-001-24
Proposed By -Law -Schedule A
c) Provide for the supervision, care, control,
and management of all assets and services
under the ownership or control of the
municipality;
d) Ensure the Organization, in consultation
with the Mayor, is appropriately structured to
deliver services and programs as
established by Council;
e) Manage and administer the business of
the Corporation in accordance with the by-
laws, policies, resolutions, and plans
approved by Council and in some instances
the Mayor, specific to the Strong Mayors Act
powers;
f) Lead, direct, and coordinate the SLT in
the administration of the business affairs of
the corporation;
g) Attend, or be represented at, all Council
and Standing Committee meetings to
provide advice, answer questions, and
make recommendations to Council;
h) Provide information, recommendations,
advice, and expertise to the Mayor, Council
and Standing Committees of Council, as
required, in collaboration with SLT, including
the preparation of Council Reports, Council
Page 4
Existing By -Law -Section 4
w) Ensure that the Civic administration
has and functions under an appropriate
organization structure.
c) Provide advice and expertise to
Municipal Council on the Corporation's
general policies. Inform Council on the
condition of the Municipality's
administrative affairs and factors that
may affect them.
f) Act upon Council requests,
resolutions and directives.
a) Maintain total responsibility to the
Municipal Council for the operations of
the Corporation, while liaising closely
with the Administrative Branch.
d) Attend Council and Committee
meetings with the right, with the
consent of the Chair, to speak, but not
to vote.
g) Develop and recommend to Council,
plans and programs for the attainment
of organization objectives.
h) Review drafts of all by-laws, staff
, contracts and agreements and
Municipality of Clarington
Report CAO-001-24
Page 5
Proposed By -Law -Schedule A
Existing By -Law -Section 4
Memos, and Council Briefing Notes to
submit to Council and/ or committee of
support decision -making and by-law
Council his/her recommendations
approvals;
thereon.
i) Lead, direct, and coordinate the
v) Provide for the continual
Corporation's Departments in the pursuit of
improvement of the Municipality' s
continuous improvement, innovation and
management techniques and operating
cost-effective delivery of services and
efficiency.
management of the Corporation to enhance
service levels at the lowest possible cost to
the taxpayer;
j) Delegate duties and responsibilities to
u) Prescribe the specific limitation of
SLT, as deemed appropriate, for the
authority of subordinates regarding
effective and efficient management and
policies, contractual commitments,
administration of the Corporation;
expenditures and personnel action.
k) Represent the interests of the
e) Maintain communications with all
Corporation as it pertains to federal,
levels of government, as necessary for
provincial, regional, and local municipal
the conduct of Municipal business.
intergovernmental issues and with boards,
Provide resource information for
agencies, and commissions at the
members of Council in consultation
administrative level;
with Department Heads, on relevant
matters with the various levels of
government.
1) Enhance the Corporation's public relations
z) Conduct such dealings with
and communications functions;
individuals or groups outside the
Corporation as are necessary to carry
out responsibilities and promote the
interests of the Municipality.
bb) Give thought and action to all
phases of the maintenance of sound
public relations as it pertains to the
Page 49
Municipality of Clarington
Report CAO-001-24
Page 6
Proposed By -Law -Schedule A
Existing By -Law -Section 4
municipal staff, the general public and
the taxpayer.
m) Be involved in the ongoing maintenance
t) Be involved in the on -going
of the Emergency Plan and play a
maintenance of a nuclear and non -
leadership role in carrying out the plan in the
nuclear emergency plan and play a
event of an emergency;
leadership role in carrying out the plan
in the event of an emergency.
n) Foster a positive working relationship
between Members of Council and Municipal
Staff and maintain a courteous, considerate,
and respectful workplace environment;
o) Where service level changes are
contemplated, secure Mayor and/or Council
approval, whichever is appropriate through
authorities provided in the applicable
legislation; and
p) Oversee and coordinate the execution of
k) Oversee and co-ordinate the
approved plans and programs;
execution of approved plans and
programs.
q) Perform any additional responsibilities
cc) Generally and in addition to the
and exercise the powers incidental thereto
foregoing, to perform the duties and
which, from time to time, may lawfully be
exercise the powers which, from time
assigned to, or vested by, the Council.
to time, may lawfully be assigned to or
vested in him/ her by the CAO.
2.8 The following table illustrates the comparison between the proposed By -Law Schedule
A duties under Section 2 and those provided for in By -Law 98-171 Section 4. Sub -
Page 50
Municipality of Clarington Page 7
Report CAO-001-24
section f) has been added to clearly articulate the expectations with non -bargaining
employees, which is consistent with current practice.
Proposed By -Law -Schedule A
Existing By -Law -Section 4
2. Human Resource Management and Administration
Subject to the provisions of the Municipal
Act, 2001, as amended from to time, be
responsible for the human resource
management and administration, authorities
and responsibilities as follows:
a) Responsible for personnel administration
with the Municipality including appointment,
promotion, demotion, suspension, discipline,
and/or dismissal of all employees including
Department Heads, with the Mayor to be
consulted for positions of interest
(Department Heads, Statutory Officers, and
other applicable roles);
m) Co-ordinate, direct and supervise
the Heads of Department, and through
them, all other employees of the
Corporation except those officials as
are appointed under statute in respect
to their statutory duties and
responsibilities.
n) Advise Council on the appointment,
suspension, or dismissal of
Department Heads.
o) Appoint, suspend or dismiss for
cause, other management and Non -
Union employees.
p) Appoint and employ all other
employees of the Corporation in
accordance with procedures laid down
in collective bargaining agreements,
and to dismiss or suspend such
employees for cause, after consultation
with the Department Head.
x) Ensure that officials carry out
statutory duties in a proper manner.
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Municipality of Clarington Page 8
Report CAO-001-24
Proposed By -Law -Schedule A
b) Recommend statutory appointments to
Council after a recruitment process has
been undertaken, which the Mayor may, at
their discretion, have been included;
c) The CAO shall not act in a manner that
conflicts with the statutory duties of the
employees who are appointed under any
statute, inclusive of the Chief Building
Official, Municipal Clerk, Fire Chief, and
Treasurer;
d) Direct the Collective Bargaining Process
and contract negotiations with all unionized
employees and recommend to Council the
terms of the collective agreements
concerning wages, benefits, and terms of
service and, upon approval of Council,
direct the administration of the collective
agreements with the assistance of human
resources staff;
e) Be authorized to resolve any
employee/labour relations or personnel -
related matters involving the Municipality,
including the authority to enter into terms of
Existing By -Law -Section 4
m) Co-ordinate, direct and supervise
the Heads of Department, and through
them, all other employees of the
Corporation except those officials as
are appointed under statute in respect
to their statutory duties and
responsibilities.
m) Co-ordinate, direct and supervise
the Heads of Department, and through
them, all other employees of the
Corporation except those officials as
are appointed under statute in respect
to their statutory duties and
responsibilities.
q) Perform the duties of personnel
administrator and co-ordinate and
supervise, through the Committee or
Council, the negotiation and settlement
of the terms of the collective bargaining
agreements between the municipality
and its employees and generally
supervise and administer such
agreements and make
recommendations to the Council or its
committee with respect to the salaries,
wages and working conditions of its
employees, subject to normal
grievance procedure.
q) Perform the duties of personnel
administrator and co-ordinate and
supervise, through the Committee or
Council, the negotiation and settlement
of the terms of the collective bargaining
agreements between the municipality
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Municipality of Clarington
Report CAO-001-24
Page 9
Proposed By -Law -Schedule A
Existing By -Law -Section 4
settlement as required and in consultation
and its employees and generally
with the Mayor; and
supervise and administer such
agreements and make
recommendations to the Council or its
committee with respect to the salaries,
wages and working conditions of its
employees, subject to normal
grievance procedure.
f) Administer the terms and conditions of
employment of the Non -union Employee
group including all wage, salary, benefits,
and leave administration in accordance with
applicable human resources policies and
procedures and contracts of employment.
2.9 The following table illustrates the comparison between the proposed By -Law Schedule
A duties under Section 3 and those provided for in By -Law 98-171 Section 4. Sub-
section c), d), e) and f) have been added to clearly articulate financial expectations.
The duties identified are not new, they are consistent with current practice, but are now
clearly articulated.
Proposed By -Law -Schedule A I Existing By -Law -Section 4
3. Financial Management
Subject to the provisions of the Municipal
Act, 2001, as amended from to time, be
responsible for the financial management,
authorities and responsibilities as follows:
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Municipality of Clarington
Report CAO-001-24
Proposed By -Law -Schedule A
a) With the assistance of the Treasurer and
Senior Management Team, ensure the
preparation of the Operating and Capital
Budgets necessary for the financial and
operational management of the Corporation
for the Mayor's consideration and to present
these budgets to Council, which have been
agreed to by the Mayor;
b) Review, with the Senior Leadership
Team, the performance of contracts or
agreements entered into by the Corporation
and ensure conditions have been fulfilled in
accordance with the provisions of such
contracts or agreements as approved by
Council;
c) Exercise and maintain sound financial
management of the Corporation inclusive of
effective monitoring, control, and
compliance with the annual estimates of
revenues and expenditures, as deemed by
the Mayor and supported by Council;
d) Ensure, with the assistance of the
Treasurer, all statutory financial actions
comply with the Municipal Act 2001, as
amended from time to time, and applicable
accounting standards;
e) Ensure the establishment and
enforcement of policies and procedures for
the procurement of goods and services of
the Corporation; and
Page 10
Existing By -Law -Section 4
s) Supervise and direct the preparation
of the annual estimates of revenue and
expenditures for the consideration of
Council and the administration of the
budget, subject to the approval of
Council.
i) Review the performance of all
contracts or agreements entered into
by the Municipality and satisfy
himself/herself that all conditions have
been fulfilled in accordance with the
provisions of such contracts or
agreements and he/she may report
therein to Council.
Page 54
Municipality of Clarington
Report CAO-001-24
Page 11
Proposed By -Law -Schedule A
Existing By -Law -Section 4
f) Exercise effective financial control of all
departments, with the assistance of the
Treasurer and members of the Senior
Leadership Team.
3. Financial Considerations
Not Applicable
4. Strategic Plan
This Report supports Strategic Plan Priority L.1.2: Promote a culture of corporate
excellence, by bringing strategic alignment across the organization and better defining
the roles and responsibilities and the ability to delegate to the Senior Leadership Team.
5. Concurrence
The proposed By -Law has been reviewed by the Clerk, the Solicitor, and the Mayor.
6. Conclusion
It is respectfully recommended that the proposed By-law be approved and By-law 98-
171 be repealed.
Staff Contact: Mary -Anne Dempster, CAO, mdempster(a)_clarington.net
Attachments:
Attachment 1 — Draft By-law 2024-XXX CAO Duties and Responsibilities
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 55
Attachment 1 to Report CAO-001-24
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 98-171
Being a by-law to establish the position and to define and determine
the duties and responsibilities of the Chief Administrative Officer and
to repeal By-laws 85-23 and 88-145
WHEREAS it is deemed expedient and desirable to establish the position of Chief Administrative Officer
and to define and determine the duties and responsibilities thereof:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
HEREBY ENACTS AS FOLLOWS:
THAT the position of Chief Administrative Officer is established.
2. THAT the Chief Administrative Officer is the head administrative official of the Municipality of
Clarington and is accountable to Municipal Council for the effective administration of all Municipal
Departments. Responsibility includes the overall planning, co-ordination and control of all
Municipal operations in collaboration with the Administrative Branch of the Municipality's
government, and in accordance with the objectives, policies and plans approved by Municipal
Council.
Specific responsibilities may be delegated to staff members together with the necessary authority
for their fulfillment but the overall responsibility for results may neither be delegated nor
relinquished.
4. The Chief Administrative Officer will be specifically responsible to:
a) Maintain total responsibility to the Municipal Council for the operations of the Corporation,
while liasing closely with the Administrative Branch.
b) Collaborate with Municipal Council and the Administrative Branch in the development and
administration of the Municipality's objectives and major policies.
c) Provide advice and expertise to Municipal Council on the Corporation's general policies.
Inform Council on the condition of the Municipality's administrative affairs and factors that
may affect them.
d) Attend Council and Committee meetings with the right, with the consent of the Chair, to
speak, but not to vote.
e) Maintain communications with all levels of government, as necessary for the conduct of
Municipal business. Provide resource information for members of Council in consultation
with Department Heads, on relevant matters with the various levels of government.
f) Act upon Council requests, resolutions and directives.
g) Develop and recommend to Council, plans and programs for the attainment of
organization objectives.
h) Review drafts of all by-laws, staff reports, contracts and agreements and submit to Council
and/or committee of Council his/her recommendations thereon.
i) Review the performance of all contracts or agreements entered into by the Municipality
and satisfy himself/herself that all conditions have been fulfilled in accordance with the
provisions of such contracts or agreements and he/she may report therein to Council.
j) Meet regularly with Department Heads for discussion of policy matters and for
co-ordination of all departmental activities.
k) Oversee and co-ordinate the execution of approved plans and programs.
Page 56
By-law 98-171
Page 2
I) Ensure that information about policies, organization, and procedures is prepared and
promulgated.
m) Co-ordinate, direct and supervise the Heads of Department, and through them, all other
employees of the Corporation except those officials as are appointed under statute in
respect to their statutory duties and responsibilities.
n) Advise Council on the appointment, suspension, or dismissal of Department Heads.
o) Appoint, suspend or dismiss for cause, other management and Non -Union employees.
p) Appoint and employ all other employees of the Corporation in accordance with procedures
laid down in collective bargaining agreements, and to dismiss or suspend such employees
for cause, after consultation with the Department Head.
q) Perform the duties of personnel administrator and co-ordinate and supervise, through the
Committee or Council, the negotiation and settlement of the terms of the collective
bargaining agreements between the municipality and its employees and generally
supervise and administer such agreements and make recommendations to the Council or
its committee with respect to the salaries, wages and working conditions of its employees,
subject to normal grievance procedure.
r) Recommend to Council any change in the position descriptions of Department Heads.
s) Supervise and direct the preparation of the annual estimates of revenue and expenditures
for the consideration of Council and the administration of the budget, subject to the
approval of Council.
t) Be involved in the on -going maintenance of a nuclear and non-nuclear emergency plan
and play a leadership role in carrying out the plan in the event of an emergency.
u) Prescribe the specific limitation of authority of subordinates regarding policies, contractual
commitments, expenditures and personnel action.
v) Provide for the continual improvement of the Municipality's management techniques and
operating efficiency.
w) Ensure that the Civic administration has and functions under an appropriate organization
structure.
x) Ensure that officials carry out statutory duties in a proper manner.
y) Handle inquiries and complaints that require the attention of the senior official.
z) Conduct such dealings with individuals or groups outside the Corporation as are
necessary to carry out responsibilities, and promote the interests of the Municipality.
aa) Develop, record and maintain a policy manual and distribute copies to Council Members
and Department Heads.
bb) Give thought and action to all phases of the maintenance of sound public relations as it
pertains to the municipal staff, the general public and the taxpayer.
cc) Generally and in addition to the foregoing, to perform the duties and exercise the powers
which, from time to time, may lawfully be assigned to or vested in him/her by the Council.
5. THAT the said duties and responsibilities as set forth above shall not be deemed to empower the
said Chief Administrative Officer to have, perform, do or direct any act of matter that would, to any
extent whatsoever, encroach upon the statutory authority or legislative powers of the Council.
THAT Council is hereby authorized and empowered to appoint by by-law, such person as it may
deem most suitable for the purpose of the carrying out of said duties and responsibilities.
Page 57
By-law 98-171 Page 3
7. THAT the Chief Administrative Officer shall not be dismissed from office except by the provisions
of a by-law passed at a meeting by a majority vote of the members of Council at such meeting so
called.
8. THAT By-law Nos. 85-23 and 88-145 are hereby repealed.
By-law read a first and second time this 27th day of November 1998.
By-law read a third time and finally passed this 27th day of November 1998.
Page 58
Attachment 2 to Report CAO-001-24
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 XX-XXX
Being a by-law to establish the position and to define and determine the duties and
responsibilities of the Chief Administrative Officer and to repeal By-law 98-171.
Whereas it is deemed expedient and desirable to establish the position of Chief
Administrative Officer and to define and determine the duties and responsibilities
thereof;
Now therefore the Council of the Municipality of Clarington enacts as follows:
That the Chief Administrative Officer (CAO), subject to the provisions of the
Municipal Act, 2001, is the head administrative official of the Municipality of
Clarington and, through direction from Council, or the Mayor, as deemed
appropriate by legislation, including the Strong Mayors Act, is appointed by and
accountable to the Mayor for the effective and efficient administration of all
Municipal Departments.
2. That the said duties and responsibilities contained within shall not be deemed to
empower the CAO to have, perform, do, or direct any act of matter that would, to
any extent whatsoever, encroach upon the statutory authority or legislative
powers of the Council.
3. During an extended absence of the CAO, the Mayor may appoint an Acting Chief
Administrative Officer who shall be empowered to perform all the duties, roles
and responsibilities of the Chief Administrative Officer. The CAO is authorized to
designate an Acting Chief Administrative Officer to act in their place during
periods of temporary absence.
4. The CAO is hereby assigned the duties, authorities, and responsibilities outlined
in Schedule "A" of this By-law, and Schedule "A" shall form a part of this by-law.
5. That By-law 98-71 is hereby repealed.
Page 59
By-law 2024-xx
Schedule A
1. General Duties and Responsibilities of the CAO
Subject to the provisions of the Municipal Act, 2001, as amended from to time, be
responsible for the general duties, authorities and responsibilities as follows:
a) To protect the interests of the Corporation, financial and otherwise;
b) Develop short and long-term goals, strategies, and operating plans to implement
Council's strategic plans and priorities and provide recommendations to Council
in collaboration with Senior Leadership Team (SLT), where appropriate;
c) Provide for the supervision, care, control, and management of all assets and
services under the ownership or control of the municipality;
d) Ensure the Organization, in consultation with the Mayor, is appropriately
structured to deliver services and programs as established by Council;
e) Manage and administer the business of the Corporation in accordance with the
by-laws, policies, resolutions, and plans approved by Council and in some
instances the Mayor, specific to the Strong Mayors Act powers;
f) Lead, direct, and coordinate the SLT in the administration of the business affairs
of the corporation;
g) Attend, or be represented at, all Council and Standing Committee meetings to
provide advice, answer questions, and make recommendations to Council;
h) Provide information, recommendations, advice, and expertise to the Mayor,
Council and Standing Committees of Council, as required, in collaboration with
SLT, including the preparation of Council Reports, Council Memos, and Council
Briefing Notes to support decision -making and by-law approvals;
i) Lead, direct, and coordinate the Corporation's Departments in the pursuit of
continuous improvement, innovation and cost-effective delivery of services and
management of the Corporation to enhance service levels at the lowest possible
cost to the taxpayer;
j) Delegate duties and responsibilities to SLT, as deemed appropriate, for the
effective and efficient management and administration of the Corporation;
k) Represent the interests of the Corporation as it pertains to federal, provincial,
regional, and local municipal intergovernmental issues and with boards,
agencies, and commissions at the administrative level;
1) Enhance the Corporation's public relations and communications functions;
Page 60
m) Be involved in the ongoing maintenance of the Emergency Plan and play a
leadership role in carrying out the plan in the event of an emergency;
n) Foster a positive working relationship between Members of Council and
Municipal Staff and maintain a courteous, considerate, and respectful workplace
environment;
o) Where service level changes are contemplated, secure Mayor and/or Council
approval, whichever is appropriate through authorities provided in the applicable
legislation; and
p) Oversee and coordinate the execution of approved plans and programs;
q) Perform any additional responsibilities and exercise the powers incidental thereto
which, from time to time, may lawfully be assigned to, or vested by, the Council.
2. Human Resource Management and Administration
Subject to the provisions of the Municipal Act, 2001, as amended from to time, be
responsible for the human resource management and administration, authorities
and responsibilities as follows:
a) Responsible for personnel administration with the Municipality including
appointment, promotion, demotion, suspension, discipline, and/or dismissal of all
employees including Department Heads, with the Mayor to be consulted for
positions of interest (Department Heads, Statutory Officers, and other applicable
roles);
b) Recommend statutory appointments to Council after a recruitment process has
been undertaken, which the Mayor may, at their discretion, have been included;
c) The CAO shall not act in a manner that conflicts with the statutory duties of the
employees who are appointed under any statute, inclusive of the Chief Building
Official, Municipal Clerk, Fire Chief, and Treasurer;
d) Direct the Collective Bargaining Process and contract negotiations with all
unionized employees and recommend to Council the terms of the collective
agreements concerning wages, benefits, and terms of service and, upon
approval of Council, direct the administration of the collective agreements with
the assistance of human resources staff;
e) Be authorized to resolve any employee/labour relations or personnel -related
matters involving the Municipality, including the authority to enter into terms of
settlement as required and in consultation with the Mayor; and
f) Administer the terms and conditions of employment of the Non -union Employee
group including all wage, salary, benefits, and leave administration in accordance
with applicable human resources policies and procedures and contracts of
employment.
Page 61
3. Financial Management
Subject to the provisions of the Municipal Act, 2001, as amended from to time, be
responsible for the financial management, authorities and responsibilities as
follows:
a) With the assistance of the Treasurer and Senior Management Team, ensure the
preparation of the Operating and Capital Budgets necessary for the financial and
operational management of the Corporation for the Mayor's consideration and to
present these budgets to Council, which have been agreed to by the Mayor;
b) Review, with the Senior Leadership Team, the performance of contracts or
agreements entered into by the Corporation and ensure conditions have been
fulfilled in accordance with the provisions of such contracts or agreements as
approved by Council;
c) Exercise and maintain sound financial management of the Corporation inclusive
of effective monitoring, control, and compliance with the annual estimates of
revenues and expenditures, as deemed by the Mayor and supported by Council;
d) Ensure, with the assistance of the Treasurer, all statutory financial actions
comply with the Municipal Act 2001, as amended from time to time, and
applicable accounting standards;
e) Ensure the establishment and enforcement of policies and procedures for the
procurement of goods and services of the Corporation; and
f) Exercise effective financial control of all departments, with the assistance of the
Treasurer and members of the Senior Leadership Team.
Passed in Open Council this day of
February,2024.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page 62
Clarftwn
Staff Report
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Report To: General Government Committee
Date of Meeting: February 5, 2024 Report Number: FSD-004-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
Authored by: David Ferguson, Purchasing Manager
File Number: CL2023-41 By-law Number:
Report Subject: Orono Arena Community Centre Indoor Rink Refurbishment
Recommendations:
1. That Report FSD-004-24, and any related delegations or communication items, be
received;
2. That Gerr Construction Limited with a total bid amount of $2,030,112.00 (Net HST
Rebate) being the lowest compliant bidder meeting all terms, conditions and
specifications of tender CL2023-41 be awarded the contract for the Orono Arena
and Community Centre Indoor Rink Replacement and renovations, as required by
the Community Services Department;
3. That the total cost of $2,233,123.20 (Net HST Rebate), which includes construction
costs of $2,030,112.00 (Net HST Rebate) and other related costs such as design,
inspection, testing, contract administration and contingencies of $203,011.20 (Net
HST Rebate) be funded from the Newcastle/Orono Arena Improvements account;
and
4. That all interested parties listed in Report FSD-004-24, and any delegations be
advised of Council's decision.
Page 63
Municipality of Clarington
Report FSD-004-24
Report Overview
Page 2
To request authorization from Council to award CL2023-41 for the rink replacement and
renovations required at the Orono Arena & Community Centre.
1. Background
1.1 Tender specifications and drawings were prepared by Barry Bryan Associates and
provided by the Community Services Department to the Purchasing Services Division.
The scope of work included the full rink slab replacement, localized refrigeration system
replacement, renovations of existing changerooms of the Orono Arena & Community
Centre.
1.2 Tender CL2023-41 was issued by the Purchasing Services Division and advertised
electronically on the Municipality's website.
1.3 Forty-eight companies registered as official plan takers. The tender document included
a mandatory site visit. Only those plan takers in attendance at the site visit were eligible
to submit a bid. Twenty-eight companies attended the mandatory site visit.
2. Analysis
2.1 The tender closed on January 19, 2023.
2.2 Ten submissions were received in response to the tender call. The bids were reviewed
and tabulated by the Purchasing Services Division (see attachment 1). Nine
submissions were deemed compliant and forwarded to the Community Services
Department for review and consideration.
2.3 After reviewing the low bid, it was removed from consideration and deemed non-
compliant by the Purchasing Services Division.
2.4 Gerr Construction Limited has completed work for the Municipality in the past with
satisfactory results.
2.5 After review and analysis of the bids by the Purchasing Services Division and the
Community Services Department, it was mutually agreed that the second low bidder
Gerr Construction Limited be recommended for the award of CL2023-41.
3. Financial Considerations
3.1 As part of the 2022 budget deliberations, $6,402,000 (Net HST Rebate) was approved,
in Report CSD-002-22, for renovation work at both the Newcastle Memorial Arena
Page 64
Municipality of Clarington
Report FSD-004-24
Page 3
(Phase 1) and the Orono Arena & Community Centre (Phase 11). Phase I work at
Newcastle Memorial Arena was completed in November 2023. Phase II work is
scheduled for spring 2024. Based on the approved cost for Phase I of $3,974,236.80
(Net HST Rebate), a balance of $2,427,763 (Net HST Rebate) remains for the
completion of the Phase 11 work.
3.2 The total funds required for Phase II of this project is $2,233,123.20 (Net HST Rebate),
which includes the construction costs of $2,030,112.00 (Net HST Rebate) and other
related costs such as design, inspection, testing, contract administration and
contingencies of $203,011.20 (Net HST Rebate), be drawn from the following account:
Description
Account Number
Amount
Orono Arena Improvements
110-42-421-84233-7401
$2,233,123.20
4. Queries with respect to the department's needs, specifications, etc. should be referred
to the Director of Community Services.
5. Concurrence
This report has been reviewed by the Director of Community Services who concurs with
the recommendations.
6. Conclusion
It is respectfully recommended that Gerr Construction Limited with a total bid price of
$2,030,112.00 (Net HST Rebate) being the low compliant bidder be awarded the
contract for the Orono Arena & Community Centre Rink Replacement and Renovation
in accordance with the terms, conditions and specifications of Tender CL2023-41.
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 - Summary of Bid Results
Interested Parties:
List of Interested Parties available from Department.
Page 65
Municipality of Clarington
Report FSD-004-24
Attachment #1
Page 4
Municipality of Clarington
CL2023-41
Orono Arena and Community Centre Refurbishment
Bid Summary
Bidder
Total Bid Price
(Including HST)
Total Bid Price
(Net HST Rebate)
Gerr Construction Limited
$2,254,350.00
$2,030,112.00
Anacond Contracting Inc.
2,378,650.00
2,142,048.00
MJ.K. Construction Inc.
2,396,734.52
2,158,333.67
Ball Construction Ltd.
2,400,120.00
2,161,382.40
Peak Construction Group Ltd.
2,540,127.00
2,287,463.04
Frank Pellegrino General Contracting
Ltd
2,639,307.10
2,376,777.79
MVW Construction & Engineering
Inc.
2,649,398.00
2,385,864.96
Chart Construction Management Inc.
2,781,804.62
2,505,101.22
NEED Design Build Inc.
3,384,948.84
3,048,251.28
AMVI Construction Company Ltd.
Non -Compliant
Non -Compliant
Page 66
Clarftwn
Staff Report
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Report To: General Government Committee
Date of Meeting: February 5, 2024 Report Number: FSD-005-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By:
Authored by:
File Number:
Mary -Anne Dempster, CAO Resolution#:
Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
By-law Number:
Report Subject: 2023 Annual Leasing Report and Policy Update
Recommendations:
1. That Report FSD-005-24, and any related delegations or communication items, be
received;
2. That the Lease Financing Policy attached to Report FSD-005-24, as attachment 1,
be approved;
3. That Attachment A to Report FND-021-03, as the Statement of Lease Financing
Policies and Goals be replaced by the "Lease Financing Policy"; and
4. That all interested parties listed in Report FSD-005-24, and any delegations be
advised of Council's decision.
Page 67
Municipality of Clarington
Report FSD-005-24
Report Overview
Page 2
The Municipality of Clarington adopted a Statement of Lease Financing Policies and Goals
in 2003 as required by the Ontario Municipal Act, 2001. The Statement requires the
Treasurer to report to Council annually on material leases entered into by the Municipality.
As part of continuous improvement, staff have prepared a new Lease Financing Policy to
replace the existing statement of lease financing policies and goals.
This Report meets the reporting requirements under the Municipal Act, 2001, and
modernizes the policy based on current best practices.
1. Background
1.1 Under Ontario Regulation 635/05, the Treasurer is required to report annually to Council
the details of existing material leases, including the following:
a. Confirmation of compliance with the lease policy;
b. Summary of material leases;
c. Estimated costs of material leases;
d. Impact of the leases on the financing arrangements and the debt servicing levels.
1.2 As required by the Municipal Act, 2001, the Council adopted a Statement of Lease
Financing Policies and Goals in report FND-021-03 on September 8, 2003. To date,
Clarington has typically chosen to purchase or debenture (if necessary) rather than use
financial lease agreements. There is no impact on the Municipality's long-term financing
or debt servicing levels.
2. 2023 Annual Report
2.1 There were no material leases to report for the fiscal year 2023
3. Lease Financing Policy
3.1 The last policy statement on leasing by Council was approved in 2003. As part of
continuous improvement and updating policy formats to a consistent model, staff felt it
appropriate that an updated policy be brought to Council for consideration.
'�
Municipality of Clarington Page 3
Report FSD-005-24
3.2 The Draft Lease Financing Policy, see Attachment #1, is based on research from other
municipalities, including the City of London. Adjustments have been made to suit
Clarington's needs and policy framework.
3.3 The policy allows staff to enter into lease financing arrangements to acquire the rights to
use capital property and equipment rather than an outright purchase. The Municipality
currently leases specific small office equipment such as multi -function devices
(printers/copiers); however, the policy could be used for leasing vehicles, property, or
other equipment.
3.4 Leasing is a financing option to spread the cost over a period of time while the risk of
ownership of the asset remains with the lessor. There are many types of lease
arrangements; some may result in the ability of the Municipality to gain ownership at the
end of the lease period.
3.5 Staff will consider lease arrangements as an option to purchase where the lease terms
are advantageous and beneficial to the taxpayer.
4. Financial Considerations
4.1 There are no financial considerations specifically as a result of this report. The
economic impacts of leasing will be brought to the Council when considering future
capital purchases.
4.2 The Municipality will enter into lease arrangements where the cost of the agreement is
financially beneficial compared to the cost of purchase.
5. Strategic Plan
5.1 Creating a Lease Financing Policy supports priority L.2.5 Maintain, protect and invest in
Municipal infrastructure and assets. Specifically, the policy will be used in developing
the funding strategy for future capital investments.
6. Concurrence
Not Applicable.
7. Conclusion
It is respectfully recommended that the annual report be received, and the draft policy
be approved.
Page 69
Municipality of Clarington
Report FSD-005-24
Page 4
Staff Contact: Michelle Pick, CPA, CGA, Manager, Accounting Services/Deputy Treasurer,
905-623-3379 ext.2605 or mpick(@clarington.net.
Attachments:
Attachment 1 — Draft Policy "Lease Financing Policy"
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 70
Attachment 1 to Report FSD-005-24
Council Policy Clarftwju
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Number:
CP-004
Title:
Lease Financing
Type:
Financial Management
Sub -type:
Debt Management
Owner:
Finance and Technology
Financial Planning
Approved By:
Council
Approval Date:
February 26, 2024
Effective Date:
February 26, 2024
Revised Date:
Click or tap to enter a date.
Applicable to:
All Staff
Legislative or Administrative Authority:
1.1. The Municipal Act, 2001, S.17(2) states that the Minister may make regulations
prescribing financial actions for the purpose of clause (1). This includes the
ability for the Municipality to enter into agreements for the purpose of
minimizing costs or financial risk associated with the incurring of debt.
1.2. The Province of Ontario Regulation 653/05: Debt -Related Financial
Instruments and Financial Agreements outlines the requirements for a
municipality to enter into a lease financing agreement for the purpose of
obtaining long-term financing of a capital undertaking.
2. Purpose:
2.1. This policy constitutes The Municipality of Clarington's (the "Municipality")
statement of policies and goals relating to the use of Lease Financing
Agreements, in accordance with Ontario Regulation 653/05 made under the
Municipal Act, 2001.
2.2. The purpose of this policy is to provide guidance to staff when contemplating
Lease Financing Agreements for the provision of municipal equipment and
facilities. Lease Financing Agreements may be preferred to outright purchase
and/or debt financing of equipment, facilities, and land. The Municipality may
enter into Lease Financing Agreements in order to acquire the rights to use
capital property and equipment, including some or all of the benefits and risks
of ownership for specific periods of time and stipulated rental payments.
Page 1 of 8
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Council Policy
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3. Scope:
3.1. This policy applies when the Municipality is contemplating Lease Financing
Agreements for the provision of municipal equipment and facilities.
4. Definitions:
4.1. Combined Material Impact - The costs or risks of a proposed Non -Material
Lease which, when combined with all other Non -Material Leases entered into
or proposed to be entered into in a particular year by the Municipality, result in
a material impact.
4.2. Lease Financing Agreement - A financial agreement for the purposes of
obtaining long term financing for a capital undertaking of the Municipality.
4.3. Material Impact - The costs or risks that significantly affect, or would
reasonably be expected to have a significant effect, on the Municipality's debt
and financial obligation limit as determined by O. Reg. 403/02
4.4. Material Lease - Any Lease Financing Agreement that does not meet the
definition of a Non -Material Lease.
4.5. Municipality — The Corporation of the Municipality of Clarington.
4.6. Non -Material Lease - A Lease Financing Agreement that will not result in a
Material Impact on the finances of the Municipality and includes:
4.6.1. rental agreements which have a term of less than one year and the
cancellation of which results in no financial penalty to the Municipality;
4.6.2. commercial real property leases with a term of five years or less;
4.6.3. Lease Financing Agreements requiring annual payments for an individual lease
of less than $100,000;
4.6.4. Lease Financing Agreements where the net present value of all lease
payments, including possible extensions, renewals and bargain purchase
options, is less than $1.0 million in the year the Lease Financing Agreement is
entered into.
Page 2 of 8
Page 72
Council Policy
Clarboon
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5. Policy Requirements:
Statement of Goals and Objectives
5.1. The following goals and objectives will be used in the consideration and
evaluation of all Lease Financing Agreements:
5.1.1. The Municipality shall only consider Lease Financing Agreements that prioritize
the Municipality of Clarington's governing principles;
5.1.2. Lease Financing Agreements shall be entered into with care and prudence,
applying experience and professional judgment to each agreement reviewed,
with the best interest of the Municipality's ratepayers in mind;
5.1.3. All lease financing activities shall adhere to statutory requirements as governed
by the Ontario Municipal Act, 2001 as well as other Council approved policies;
5.1.4. Consideration will be given to its impact on future ratepayers in order to
achieve an appropriate balance between lease financing and other forms of
funding; and
5.1.5. The Municipality shall manage the exposure to financial risk and the financial
impact the Lease Financing Agreements will have on current and future fiscal
years.
5.2. Without limitation, the Municipality may enter into Lease Financing
Agreements:
5.2.1. for the purpose of obtaining long-term financing of a capital undertaking;
5.2.2. to finance equipment, buildings, land or other assets that the Municipality does
not have a long-term interest in or may not be able to acquire through other
means; or
5.2.3. where a lease provides material and measurable benefits compared with other
forms of financing.
5.3. It is the opinion of the Council and the Treasurer, or designate, that the
category of Lease Financing Agreements defined as Non -Material Leases in
this policy will not result in a Material Impact for the Municipality.
Page 3 of 8
Page 73
Council Policy
Clarftwju
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5.4. It is the opinion of the Council and the Treasurer, that Non -Material Leases that
require or may require the Municipality to make payments after the expiry of
the term for which the Council authorizing the agreement was elected and that
have a Combined Material Impact less than 20% of the Municipality's annual
debt and financial obligation limit determined in accordance with O. Reg.
403/02 will not result in a Material Impact for the Municipality.
Application of the Policy (General Provisions — All Lease Financing Agreements)
5.5. All Lease Financing Agreements shall be reviewed by the Treasurer or
designate who shall determine:
5.5.1. if this policy applies;
5.5.2. if the Lease Financing Agreement is a Material or Non -Material Lease;
5.5.3. the financial and other risks of the Lease Financing Agreement, compared to
other forms of financing, which shall include:
a) The ability for lease payment amounts to vary if based on changes in an
underlying benchmark debt instrument (generally expressed as a particular
Government of Canada Bond);
b) The ability for lease payments to vary based on changes in the assumed
residual values of the asset being leased;
c) Uncertainty over leasing costs if contract needs are to be extended or
renewed. The normal practice of the Municipality will be to negotiate these
costs prior to the Lease Financing Agreement being executed; and
d) The potential for the seizure and removal of leased equipment if the leasing
company goes into default of its obligations to creditors, and its creditors
have the legal right to seize assets of the leasing company. The practice of
the Municipality will be to assess the financial strength of the normal
leasing company prior to the leasing agreement being executed.
5.6. All Lease Financing Agreements shall include a schedule of all fixed payments,
if any, required for the term and any extensions or renewal.
5.7. The requirements in sections 5.9 and 5.10 apply to all Lease Financing
Agreements except;
Page 4 of 8
Page 74
Council Policy
Clarftwju
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5.7.1. Non -Material Leases that do not or may not require the Municipality to make
payments after the expiry of the term for which the Council authorizing the
agreement was elected; or
5.7.2. Non -Material Leases that require or may require the Municipality to make
payments after the expiry of the term for which the Council authorizing the
agreement was elected and that have a Combined Material Impact less than
20% of the Municipality's annual debt and financial obligation limit determined
in accordance with O. Reg. 403/02.
5.8. A Lease Financing Agreement to which this policy does not apply must comply
with any other applicable Municipal policies or procedures, including without
limitation to any requirements for review, approval and reporting to Council.
Lease Financing Agreements Approval Process
5.9. This section applies to:
5.9.1. all Material Leases; and
5.9.2. all Non -Material Leases that require or may require the Municipality to make
payments after the expiry of the term for which the Council authorizing the
agreement was elected and that have a Combined Material Impact greater
than 20% of the Municipality's annual debt and financial obligation limit
determined in accordance with Ontario Regulation 403/02.
5.10. Before entering into a Lease Financing Agreement, the Corporation shall:
5.10.1. have the Treasurer or designate prepare a report with a recommendation
assessing, in their opinion, the costs and financial and other risks associated
with the proposed Lease Financing Agreement, including any possible
extensions or renewals which report shall include:
a) a comparison between the fixed and estimated costs and the risks
associated with the proposed Material Lease and those associated with
other methods of financing;
b) a statement summarizing, as may be applicable, the effective rate or rates
of financing for the Material Lease, the ability for lease payment amounts to
Page 5 of 8
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Council Policy
Clarftwju
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vary, and the methods or calculations, including possible financing rate
changes, that may be used to establish that variance under the lease;
c) a statement summarizing any contingent payment obligations under the
lease that, in the opinion of the Treasurer or designate, would result in a
Material Impact for the municipality, including lease termination provisions,
equipment loss, equipment replacement options and guarantees and
indemnities;
d) a summary of the assumptions applicable to any possible variations in the
lease payment and contingent payment obligations; and
e) any other matters the Treasurer or designate or Municipality Council
considers advisable.
5.10.2. Obtain legal advice and financial advice with respect to the proposed
agreement.
5.10.3. Consider if the scope of the proposed transaction warrants obtaining legal
advice or financial advice with respect to the proposed agreement that is from
a source independent of the source of the advice mentioned in paragraph
5.10.2 above.
5.10.4. Consider, as of the date of the report under paragraph 5.10.1 above, whether
the costs of financing for the proposed agreement are lower than other
methods of financing available to the Municipality and whether the risks
associated with the proposed agreement are reasonable. Costs of any legal or
financial advice would also be included in the costs of financing.
5.10.5. If at any time after a report is made but before the proposed Lease Financing
Agreement is entered into, the Treasurer or designate becomes of the opinion
that a changed circumstance with respect to the proposed Lease Financing
Agreement may result in a Material Impact for the Municipality, the report shall
to updated as soon as reasonably possible and present the updated report to
Council.
Annual Report to Council
5.11. Once in every fiscal year or more often if Council requires, the Treasurer or
designate shall provide a report to Council containing the following:
Page 6 of 8
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Council Policy
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5.11.1. a description of the estimated proportion of the total financing arrangements of
the municipality that is undertaken through Lease Financing Agreements to the
total long-term debt of the Municipality;
5.11.2. a description of the change, if any, in that estimated proportion since the
previous year's report;
5.11.3. a statement by the Treasurer or designate as to whether, in their opinion, all
Lease Financing Agreements were made in accordance with this policy; and
5.12. any other information that may be requested by Council or that, in the opinion
of the Treasurer or designate, should be recorded.
6. Roles and Responsibilities:
6.1. Council is responsible for:
6.1.1. Establishing policy regarding the use of lease financing as a form of financial
agreement for funding the purchase of goods.
6.2. Chief Administrative Officer (CAO) is responsible for:
6.2.1. As applicable under the Purchasing By-law, Delegation of Authority By-law or
other Council policy or management directive of the Municipality, authorizing or
signing for lease agreements.
6.3. Deputy CAO, Finance and Technology/Treasurer is responsible for:
6.3.1. Ensuring any long-term leases entered into by the Municipality are in
accordance with this policy.
6.3.2. Developing procedures and practices to properly account for lease agreements
in accordance with Public Sector Accounting Standards.
6.4. Directors / Managers are responsible for the following within their scope
of authority:
6.4.1. As applicable under the Purchasing By-law, authorizing or signing for lease
agreements.
6.4.2. Ensuring staff are trained in this policy.
Page 7 of 8
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Council Policy Clarftwju
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6.5. All Staff are responsible for:
6.5.1. Ensuring compliance with the Lease Financing Policy.
6.5.2. Informing the Finance and Technology Department of any leases entered into
that qualify under this policy.
7. Related Documents:
7.1. O.Req. 653/05
7.2. Purchasing By-law
7.3. Debt Management Policy
8. Inquiries:
8.1. Manager, Accounting Services/Deputy Treasurer
8.2. Manager, Financial Planning/Deputy Treasurer
9. Revision History:
Date Description of Changes Approved By
�: •
Page 78
Clarftwn
Staff Report
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Report To: General Government Committee
Date of Meeting: February 5, 2024 Report Number: FSD-007-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By:
Authored by:
File Number:
Report Subject:
Mary -Anne Dempster, CAO Resolution#:
Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
By-law Number:
2023 Annual Commodity Hedging Report and Commodity Hedging Policy
Update
Recommendations:
1. That Report FSD-007-24, and any related delegations or communication items, be
received;
2. That the Commodity Hedging Policy attached to Report FSD-007-24, as attachment
1, be approved;
3. That Schedule B to Report COD-054-08, as the "Commodity Price Hedging
Agreements Statement of Policies and Goals" be replaced by the "Commodity
Hedging Policy" and
4. That all interested parties listed in Report FSD-007-24, and any delegations be
advised of Council's decision.
Page 79
Municipality of Clarington
Report FSD-007-24
Report Overview
Page 2
This report complies with the annual requirements to report to Council on the status of the
existing commodity hedging agreements. The Municipality hedged natural gas in 2023 to
mitigate risks resulting market volatility.
This report also provides an updated, modernized, policy for Commodity Hedging replacing
the previous policy statement from 2008.
1. Background
1.1 Under Ontario Regulation 653/05, the Treasurer must report on an annual basis to
Council regarding the status of existing commodity hedging agreements, including a
comparison of the expected results to the actual use of the arrangements and
confirmation that they comply with the Municipality's policies and goals.
1.2 As required by the Municipal Act, 2001, Council adopted a Commodity Price Hedging
Agreement Statement of Policies and Goals in report COD-054-08, on October 6, 2008.
In this statement of policies and goals, the responsibilities are delegated as follows:
a. The Deputy CAO/Treasurer (at the time Director of Finance/Treasurer) or designate
is responsible for the financial administrative matters pertaining to commodity price
hedging.
b. The Director of Corporate Services or designate is responsible for the procurement
and contractual administrative matters pertaining to commodity price hedging.
1.3 The designate for the Director of Corporate Services was the Purchasing Manager.
Following the 2020 reorganization, this position has moved to the Finance and
Technology Department and reports to the Deputy CAO/Treasurer.
2. 2023 Annual Reporting Matters
Natural Gas Hedging
2.1 Through the Co-operative Buyers Group, Request for Proposal issued by the Region of
Durham and approved through Report COD-003-20, the Municipality has an existing
energy consulting agreement with Blackstone Energy Services Inc., Toronto, for the
provision of consulting and related services for the supply of natural gas. Blackstone
acts as an independent agent of the Municipality of Clarington to execute direct
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Municipality of Clarington Page 3
Report FSD-007-24
purchase agreements. The term is for three years with an option to extend two
additional one-year terms.
2.2 The Municipality's energy consumption trends have been studied since 2008. Detailed
budget estimates are made based on these consumption trends and pricing projections
of the various utilities, including natural gas, for the Municipality's operating
departments. This information and the procurement strategy aimed at reducing risk and
stabilizing cost continue to focus on the need for a stable natural gas supply contract.
2.3 Blackstone Energy Services Inc., as directed by the Municipality of Clarington, is
authorized to enter into fixed -priced natural gas agreements as required, considering
market conditions at any given time. Previously, natural gas was supplied from two
pools — Dawn (southwestern Ontario) and Empress (western Canada). The
Municipality's natural gas is now supplied from the Dawn hub.
2.4 The Municipality of Clarington has natural gas commodity hedging agreements up to
October 2026. These agreements are consistent with the Municipality's statement of
policies and goals for using financial agreements to address commodity pricing and
costs. In May 2022, in consultation with Blackstone, the Municipality entered into two
hedging agreements. One was from November 2022 to October 2023, where 50% of
the gas supply was hedged, and a second was from November 2023 to October 2024,
where 40% was hedged.
2.5 In December 2022, the Municipality entered into additional hedges after consultation
with Blackstone. From November 2022 to March 2023, 20% of the supply is based on
an anticipated colder winter season. As well as for the period November 2024 to
October 2025 for 30% of the supply and for November 2025 to October 2026 for 20%.
2.6 Staff receive regular market intelligence and analysis on the natural gas market from
Blackstone Energy Services. With the information from Blackstone, the Municipality can
proactively respond to the market conditions to ensure a secure supply source and cost
certainty where determined to be prudent.
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2.7 Based on the recommendation of Blackstone Energy Services, the Municipality entered
into the hedging agreements, all via the Dawn hub, shown in the following chart:
November 1, 2022 to 7.650 0.294 50 Fixed
October 31, 2023
November 1, 2022 to March 7.435 0.286 20 Fixed
31, 2023
November 1, 2023 to 5.350 0.206 40 Fixed
October 31, 2024
November 1, 2024 to 5.595 0.215 30 Fixed
October 31, 2025
November 1, 2025 to 5.575 0.214 20 Fixed
October 31, 2026
Notes: Costs are landed and do not include local toles from CDA Enbridge to Union
Dawn. Gigajoules (GJ) conversion to cubic meters (m3) assume 1 GJ = 26 m3.
2.8 The following chart shows the Enbridge natural gas rates, including transportation.
October 1 to December 31, 2022 I $0.3311/m3
January 1 to March 31, 2023 I $0.2813/m3
April 1 to June 30, 2023 I $0.1956/m3
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July 1 to September 30, 2023 � $0.2014/m3
October 1 to December 31, 2023 I $0.2124/m3
January 1 to March 31, 2024 1 $0.1853
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2.9 In May and December of 2022, there was much uncertainty in the natural gas market
due to several factors, including the Ukraine -Russia conflict. The Municipality entered
into the hedges to maintain some budgetary stability. The Municipality is well positioned
in the future with the current hedges for the next few years.
2.9 Another element of natural gas purchasing is that the Municipality sets the price on the
bill (POB). The POB is developed to estimate the average cost of the gas, factoring in
transportation costs. Setting the price on bill reduces the fluctuations over the year,
similar to the concept behind consumer "equal billing" plans. The POB was reviewed in
2022 and adjusted upwards to $0.45/m3 to compensate for increasing natural gas
prices. In 2023, the POB was reduced to $0.35/m3 from March 2023 to June 2023. In
July 2023 the POB was reduced to $0.20/m3 and will remain at this point for 2024. This
will be reviewed later in 2024.
2.10 The natural gas year is from November 1 to October 31. During this period the
Municipality may use more gas than estimated during the heating season and less
during the cooling season. These differences are settled in the Municipality's account at
Blackstone with the gas suppliers. As of October 31, there may be a balance of gas
owing or a supply of gas to be sold in the market based on the gas supply obligation
from the estimate required versus actual usage. Blackstone advises the best time to
settle the gas account for the best price (or hedge price if applicable), which is settled in
the account.
2.11 The contracts met the procurement goal of reducing the risk and stabilizing the cost, as
we have a fixed source of supply for most of the estimated requirement during the
winter months at a fixed price with a reasonable consumption estimate.
Electricity Hedging
2.12 To date, the Municipality has not hedged electricity. The structure of electricity hedging
is different from natural gas. A significant portion of the large electricity accounts is the
Global Adjustment. Only the electricity commodity can be hedged, typically done in
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Page 6
strips during peak use periods such as summer cooling. Hedging of the electricity
commodity does not reduce the Global Adjustment charges. Blackstone does provide
market updates on the electricity market. Electricity hedging could be explored in the
future, but it is not anticipated that the Municipality will be hedging electricity in 2024.
3. Commodity Hedging Policy
3.1 The last policy statement on Commodity Hedging was approved by Council in 2008. As
part of continuous improvement and updating policy formats to a consistent model, staff
felt it appropriate to bring an updated policy to Council for consideration. Changes to the
organizational structure since the initial policy also necessitated modernization of the
statement of policy and goals to reflect current responsibilities.
3.2 The Draft Commodity Hedging Policy, see Attachment #1, is based on research from
other municipalities, including the City of London. Adjustments have been made to suit
Clarington's needs and policy framework.
4. Financial Considerations
4.1 Natural gas hedging is used to reduce risk in the volatility of pricing in our natural gas
needs. Hedging provides consistent pricing on the commodity, which provides
budgetary certainty. The Municipality enters into hedging agreements where it makes
financial sense and only after consultation with commodity advisors.
4.2 The Municipality will enter into commodity hedging arrangements where there is a
financial benefit to the Municipality. These benefits could include long-term financial and
budgetary stability.
5. Strategic Plan
5.1 Creating a Commodity Hedging Policy supports priority L.2.5 Maintain, protect and
invest in Municipal infrastructure and assets. Specifically, the policy will be used in
developing the funding strategy for future capital investments and continued service
delivery.
6. Concurrence
Not Applicable.
7. Conclusion
It is respectfully recommended that the Report be received to meet the reporting
requirements and that the new draft Commodity Hedging Policy be approved.
Municipality of Clarington
Report FSD-007-24
Page 7
Staff Contact: Catherine Carr, Project Manager, Financial Systems and Policy, 905-623-3379
ext 2606 or ccarr@clarington.net.
Attachments:
Attachment 1 — Draft Commodity Hedging Policy
Interested Parties:
There are no interested parties to be notified of Council's decision.
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Attachment 1 to Report FSD-007-24
Council Policy Clarftmn
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
Number:
CP-00#
Title:
Commodity Hedging
Type:
Financial Management
Sub -type:
Financial Instruments
Owner:
Finance and Technology
Financial Planning
Approved By:
Council
Approval Date:
February 26, 2024
Effective Date:
February 26, 2024
Revised Date:
Click or tap to enter a date.
Applicable to:
All Staff
1. Legislative or Administrative Authority:
1.1. The Municipal Act, 2001, S.17(2) states that the Minister may make regulations
prescribing financial actions for the purpose of clause (1). This includes the
ability for the Municipality to enter into agreements for the purpose of
minimizing costs or financial risk associated with the incurring of debt.
1.2. The Province of Ontario Regulation 653/05: Debt -Related Financial
Instruments and Financial Agreements outlines the requirements for a
municipality to enter into an agreement under Part II of the Municipal Act, 2001
for the supply of a commodity and entering into a financial agreement to
minimize the cost or financial risk associated with incurring debt for the
commodity.
2. Purpose:
2.1. The purpose of this policy is to adopt a statement of the Municipality's
commodity price hedging policies and goals. Section 6(1) of O.Reg. 653/05
requires the adoption of such a statement prior to the Municipality entering into
commodity price hedging agreements.
3. Scope:
3.1. This policy applies to all commodity price hedging agreements that the
Municipality may enter into.
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4. Definitions:
4.1. Commodity - means, whether in the original or a processed state, an
agricultural product, a forest product, a product of the sea, a mineral, a metal, a
hydrocarbon fuel, electricity, a precious stone or other gem and other physical
goods but does not include chattel paper, a document of title, an instrument,
money or securities.
4.2. Commodity Price Hedging Agreement - A municipality that plans to enter an
agreement under Part II of the Municipal Act for the supply of a commodity
required for a municipal system may enter into one or more financial
agreements to minimize the cost or financial risk associated with incurring debt
for the commodity.
4.3. Contract Agent — means an external agent, contractor, consultant, or other
representative retained by the Municipality to assist with the procurement, sale
and/or delivery of commodities for the Municipality in accordance with the
Municipality's Purchasing By-law.
4.4. Electricity Market - is a system for effecting purchases through bids to buy,
sales through offers to sell, and short-term trades, generally in the form of
financial or obligation swaps. Bids and offers use supply and demand
principles to set the price.
4.5. Energy Commodity - includes electricity, natural gas, propane, coal, and oil.
4.6. Municipality — the Corporation of the Municipality of Clarington.
5. Policy Requirements:
Statement of Commodity Price Hedging Policies and Goals.
5.1. The Municipality will consider commodity price hedging agreements as a
means of fixing, directly or indirectly, or enabling the Municipality to fix, the
price or range of prices to be paid by the Municipality for the future delivery of
some or all of the commodity or the future cost to the Municipality of an
equivalent quantity of the commodity, where it is advantageous for the
Municipality to do so.
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5.2. In determining whether a particular commodity price hedging agreement is
advantageous for the Municipality, the following will be considered:
5.2.1. Any and all projects of the Municipality are projects for which commodity price
hedging agreements will be appropriate;
5.2.2. If, at the time, it is the opinion that the fixed costs and estimated costs of the
Municipality will be reduced by virtue of the use of such an agreement;
5.2.3. If, at the time, it is the opinion that the future price or cost to the Municipality of
the applicable commodity will be lower or more stable than it would be without
the agreement;
5.2.4. If, at the time, the project includes a detailed estimate of the expected result of
using such an agreement;
5.2.5. If, at the time, it is the opinion that the financial and other risks to the
Municipality that would exist with the use of such an agreement will be lower
than the financial and other risks to the municipality that would exist without
such an agreement;
5.2.6. If, at the time, it is the opinion that the agreement contains adequate risk
control measures relating to such an agreement, such as:
a) Limited credit exposure based on credit ratings and/or on the degree of
regulatory oversight and/or the regulatory capital of the other party to the
agreement;
b) A standard agreement
c) Ongoing monitoring with respect to the agreement.
Authority and Accountability
5.3. The Deputy CAO, Finance and Technology/Treasurer is the designated person
responsible for the administrative matters pertaining to commodity price
hedging and will delegate certain administrative duties and responsibilities to
internal staff and external agents.
5.4. The Deputy CAO, Finance and Technology/Treasurer, or their designate, is
authorized to enter into contracts for the purpose of securing a physical supply
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of commodities that are required by the Municipality in its normal course of
operation and to engage a Contract Agent in accordance with the
Municipality's purchasing policies.
Report on Commodity Price Hedging Agreements
5.5. If a municipality has any subsisting commodity price hedging agreements in a
fiscal year, the Treasurer of the Municipality shall prepare and present to the
municipal council once in that fiscal year, or more frequently if the council so
desires, a detailed report on all of those agreements. O. Reg. 653/05, s. 7 (1).
5.6. The report must contain the following information and documents:
5.6.1. A statement about the status of the agreements during the period of the report,
including a comparison of the expected and actual results of using the
agreements.
5.6.2. A statement by the Treasurer indicating whether, in his or her opinion, all of the
agreements entered during the period of the report are consistent with the
Municipality's statement of policies and goals relating to the use of financial
agreements to address commodity pricing and costs.
5.6.3. Such other information as the council may require. Such other information as
the Treasurer considers appropriate to include in the report.
6. Roles and Responsibilities:
6.1. Council is responsible for:
6.1.1. Setting the Commodity Hedging Policy.
6.2. Chief Administrative Officer (CAO) is responsible for:
6.2.1. Ensuring the Municipality is compliant with this policy and the legislative
requirements of the Municipal Act, 2001.
6.3. Deputy CAO, Finance and Technology / Treasurer is responsible for:
6.3.1. Establishing relevant processes and controls for implementing commodity price
hedging agreements.
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6.3.2. Negotiating and administering all commodity price hedging agreements.
6.3.3. Ensuring that all commodity price hedging agreements comply with this policy.
6.3.4. Reporting to Council all required legislative information regarding commodity
price hedging agreements.
6.4. Directors / Managers are responsible for the following within their scope
of authority:
6.4.1. Ensuring that appropriate staff are trained on this policy.
6.5. All Staff are responsible for:
6.5.1. Ensuring compliance with this policy.
7. Related Documents:
7.1. O.Req. 653/05
7.2. Purchasing By-law
8. Inquiries:
8.1. Manager, Financial Planning/Deputy Treasurer
8.2. Manager, Accounting Services/Deputy Treasurer
9. Revision History:
Date Description of Changes Approved By
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Page 90
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Staff Report
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Report To: General Government Committee
Date of Meeting: January 15, 2024 Report Number: PUB-001-24
Submitted By:
Reviewed By:
Authored By:
File Number:
Lee -Ann Reck, Deputy CAO, Public Services
Mary -Anne Dempster, CAO Resolution#:
George Acorn, Director Community Services
By-law Number:
Report Subject: South Bowmanville Recreation Centre — Architectural Services
Recommendations:
1.1 That Report PUB-001-24, and any related delegations or communication items, be
received;
1. That the Purchasing By-law 2021-077 be waived to give the CAO authority to
approve staff recommendation for the awarding of the RFP 2023-10 Architectural
(Prime Consultant) Services for the South Bowmanville Recreation Centre; and
2. That the CAO be authorized to execute the necessary agreements, in a form
acceptable to the Deputy CAO/Solicitor and the Deputy CAO/Treasurer.
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Report PUB-001-24
Report Overview
Page 2
This report is requesting Council approval to provide the CAO the authority to award a
contract for the architectural services of the South Bowmanville Recreation Centre and to
execute the contract for these services.
With the expected opening of this new facility to the public in the summer of 2026, staff are
making these recommendations to expedite the commencement of this work.
2. Background
2.1 The Request for Proposal (RFP) for the Architectural (Prime Consultant) Services for
the South Bowmanville Recreation Centre was published on December 22, 2024. The
RFP is scheduled to close on January 29, 2024.
2.2 Following the closing of the RFP, a review committee, consisting of staff from
Purchasing and Community Services with a representative of Colliers Project Leaders,
will review all compliant bids and make a recommendation to award, directly to the
CAO. Upon approval, staff will prepare the contract and supporting documentation for
execution by the CAO.
2.3 With the objective of completing the construction of this facility for summer 2026, it
would be beneficial to have the design phase commence as soon as possible. By
providing authority to the CAO this could result in an estimated saving of 4-5 weeks,
which is critical at the initial stages of a project of this size.
3. Project Next Steps
3.1 Following the award of the RFP, the successful proponent will commence work with the
project team in the Program Scope and Development Phase. The Municipality has
developed a brief functional program for project. It will be the Architect's responsibility to
refine and finalize any existing program, resulting in the final Functional Building
Program (FBP).
3.2 Next will follow the Concept Design Phase. With the project team, the Architect will
develop a Concept Plan which represents the form, size, character, and massing of the
facility based on approved FBP and includes an Architectural design and Class D
estimate. The completion of this phase represents the first major milestone of the
project and will require the Municipality's approval prior to moving onto the next design
phases. It is estimated this will be completed in May 2024.
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4. Financial Considerations
Page 3
4.1 The architectural services costs have been considered in the overall project budget
previously approved by Council. The recommendations contained in this report will have
no adverse impact on the approved project budget.
5. Strategic Plan
The design and construction of the South Bowmanville Recreation Centre is a priority
project within the Strategic Plan objective to cultivate a strong, thriving and connected
community where everyone is welcome.
6. Concurrence
Not Applicable.
7. Conclusion
It is respectfully recommended that Council approve the recommendations in this report,
which will expedite the design phase for this new facility, which is scheduled to be open
to the public in July 2026.
Staff Contact: George Acorn, Director Community Services, 905 623-3379 ext. 2502 or
gacorn@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
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Staff Report
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Report To: General Government Committee
Date of Meeting: February 5, 2024 Report Number: FSD-008-24
Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Reviewed By:
Authored by:
File Number:
Mary -Anne Dempster, CAO Resolution#:
Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
By-law Number:
Report Subject: Delegation of Authority to Single Source Equipment for Outdoor Rinks
Recommendations:
1. That Report FSD-008-24, and any related delegations or communication items, be
received;
2. That the CAO be given delegated authority to single source the purchase of
refrigeration equipment for the construction of outdoor skating rinks as authorized by
Resolution #C-122-23; and
3. That all interested parties listed in Report FSD-008-24, and any delegations be
advised of Council's decision.
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Report FSD-008-24
Report Overview
Page 2
Council approved on September 25, 2023, authority for the CAO to enter into contracts for
the construction of two outdoor skating rinks, one in Newcastle and one in Courtice. Further,
the recently adopted Strategic Plan has outlined as a priority of Council the development of
outdoor ice-skating amenities in the community.
This report seeks to obtain authority for the CAO to single source the refrigeration equipment
necessary for the development of the ice pads. This equipment would be from the same
provider which provides refrigeration equipment for indoor ice-skating surfaces that the
Municipality owns and operates.
1. Background
1.1 On September 25, 2023, Council approved Resolution #C-122-23 which included
delegated authority to the CAO to award contracts for the construction of two outdoor
skating rinks, given an upset budget of $8,000,000.
1.2 The Municipality has entered into a design contract with BBA for the design of the
skating rinks. This work is currently underway and a tender for the construction services
to build the Courtice Community Complex skating surface is expected to be released in
the next two months.
1.3 There is lead time required for the procurement of the necessary refrigeration
equipment that would be used in the artificially refrigerated skating surfaces. Community
Services staff have identified Cimco Refigeration as a preferred vendor for this
equipment.
1.4 Cimco has provided similar work in the past including the recent renovations to the
Newcastle Arena, Orono Arena, Garnet B. Rickard, and South Courtice Arena.
1.5 Staff are familiar with the equipment, training and maintenance needs of this equipment
and certifications required to operate this equipment.
1.6 To ensure the equipment is ready in time for the construction of the ice pad, a single
source is requested to ensure that timeframes are met, and the equipment is ready
when needed.
2. Financial Considerations
2.1 The cost of the equipment is anticipated to be within the budgetary limit set by Council.
The CAO has the authority to enter into agreements. However, the previous resolution
did not explicitly provide authority to enter into single source agreements.
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Report FSD-008-24
2.2 There is the risk that a single source is not the lowest bid; however, the reduced costs
for training on different equipment, inventory of spare parts, and staff efficiency mitigate
this risk. Further, the public tender processes for both the Orono and Newcastle arena
upgrades in 2022 and 2023 resulted in Cimco equipment being used; it is, therefore,
likely that in an open process, this equipment would ultimately be chosen.
2.3 This authority is not for the construction of the surfaces; it is solely to purchase the
required refrigeration equipment for delivery when construction is underway.
3. Strategic Plan
3.1 This report supports the actions necessary to complete C.4.3 "Design and construct
outdoor skating amenities." Specifically, action C.4.3.1 states that the Municipality will
complete the design and construction of outdoor ice-skating amenities in Courtice and
Newcastle.
4. Concurrence
Not Applicable.
5. Conclusion
It is respectfully recommended that the CAO be provided authority to single source the
refrigeration equipment for the outdoor skating rinks previously approved through
Resolution #C-122-23
Staff Contact: Ken Ferguson, Manager, Facility Services, 905-623-3379 ext.2504 or
kferguson@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 96
MUNICIPALITY OF CLARINGTON
GENERAL GOVERNMENT COMMITTEES MEETING
RESOLUTION #
DATE: February 5, 2024
MOVED BY Mayor Foster
SECONDED BY Councillor
Whereas the Municipal Freedom of Information and Protection of Privacy Act,
1990 (MFIPPA) has not been comprehensively reviewed in over 30 years;
And whereas municipalities consider transparency an important tool for building
and maintaining public trust and recognize the importance of continuously
improving;
And whereas municipal administrators need legislation that supports effective
local program delivery, is responsive to current technology and reflects its
original intent of open and accountable government;
And whereas MFFIPA presents a number of challenges for municipal staff which
can hinder its effectiveness and efficiency when it comes to serving the public;
And whereas municipalities should have updated legislation that ensures
municipal resources are best allocated; increases trust in public institutions
through strengthening accountability, transparency and responsiveness; and
addresses the needs of the digital era;
And whereas the Association of Municipal Managers, Clerks, and Treasurers of
Ontario (AMCTO) has comprehensively reviewed MFIPPA and put forward
recommendations in their submission "Looking Ahead: A Proactive Submission
to Modernize the Municipal Freedom of Information and Protection of Privacy
Act"
Now therefore be it resolved that the Ministry of Public and Business Service
Delivery be requested to review MFIPPA and consider recommendations as
outlined by AMCTO within their submission, "Looking Ahead: A Proactive
Submission to Modernize the Municipal Freedom of Information and Protection of
Privacy Act"; and
That a copy of this resolution be forwarded to the Premier of Ontario, the Minister
of Public and Business Service Delivery, local MPPs, AMO, AMCTO.
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