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HomeMy WebLinkAbout2024-05-06 General Government Committee Revised Agenda Date:May 6, 2024 Time:9:30 a.m. Location:Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public on the Municipality’s website, www.clarington.net/calendar Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Land Acknowledgement Statement 3.Declaration of Interest 4.Announcements 5.Presentations/Delegations (10 Minute Time Limit) 5.1 Laura Burch, Executive Director, Bethesda House, regarding the Intimate Partner Violence Epidemic 4 6.Consent Agenda 6.1 LGS-018-24 - Procedural By-law Changes – Delegations and Strong Mayors Act 6 *6.1.1 Procedural By-law Proposed Amendment (Mayor Foster Intends to Introduce the Attached Amendment) 30 6.2 LGS-020-24 - Equity and Inclusion Lens Guideline 31 6.3 FSD-020-24 - Concrete Curb and Sidewalk Repairs 46 6.4 FSD-021-24 - 2024 User Fee By-law Update 50 6.5 FSD-022-24 - Engineering Services for Multiple Bridge and Culvert Replacements 124 6.6 FSD-023-24 - High Street and O’Dell Street Reconstruction 130 6.7 FSD-024-24 - Cutting Red Tape to Build More Homes Act 2024 (Bill 185) Comments 134 *6.8 FSD-025-24 - Diane Hamre Recreation Complex Dehumidification Equipment 150 May 6, 2024 General Government Committee Page 2 7.Items for Separate Discussion 7.1 LGS-017-24 - Appointments to the Accessibility Advisory Committee, Newcastle Hall Board, Orono Business Improvement Area, and Samuel Wilmot Nature Area Management Advisory Committee 154 8.Unfinished Business 9.New Business 9.1 Homelessness Crisis (Councillor Rang)160 9.2 Open Air Burning By-law Review (Councillor Zwart)162 10.Confidential Items 10.1 LGS-019-24 - Mental Health Benefits (The matter deals with Section 239(2)(d) of the Municipal Act) 10.2 FSD-019-24 - Elexicon Update May 2024 (The matter deals with Sections 239(2) (i) (j) and (k) of the Municipal Act) 11.Adjournment May 6, 2024 General Government Committee Page 3 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Burch Date:March 13, 2024 10:10:40 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Presentation: IPV Epidemic Action requested of Council Support for IPV Epidemic Date of meeting 5/6/2024 Brief summary of the issue or purpose of your delegation. IPV Epidemic Have you been in contact with staff or a member of Council regarding your matter of interest? Yes Name of the staff member or Councillor. Pinder Da Silver Will you be attending this meeting in person or online? In person First name: Laura Single/Last name Burch How to pronounce your name: Laura Burch Firm/Organization (if applicable) Bethesda House Page 4 Job title (if applicable) Executive Director Address Town/Hamlet Bowmanville Postal code Email address: executivedirector@bethesdahouse.ca Phone number Alternate phone number Do you plan to submit correspondence related to this matter? No Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to theMunicipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 5 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: May 6, 2024 Report Number: LGS-018-24 Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: Authored by: June Gallagher, Municipal Clerk File Number: By-law Number: Report Subject: Procedural By-law Changes – Delegations and Strong Mayors Act Recommendations: 1. That Report LGS-018-24, and any related delegations or communication items, be received; 2. That the By-law attached to Report LGS-018-24, as Attachment 2, to amend sections of the Procedural By-law 2023-033 related to delegations and the Strong Mayors Act, be approved; and 3. That all interested parties listed in Report LGS-018-24, and any delegations, be advised of Council’s decision. Page 6 Municipality of Clarington Page 2 Report LGS-018-24 Report Overview This report responds to the Council direction to amend the Procedural By-law, specifically as it relates to delegations. In addition, it addresses changes arising from the Strong Mayors Act. 1. Background 1.1 Arising out of the Strong Mayors Act, Staff brought Report LGS-024-23 to the General Government Committee of September 11, 2023. The Committee passed the following Resolution #GG-145-23 (excerpted): “That Staff bring forward the Procedural By-law amendments noted in Section 14 of this report, directly to a future Council meeting.” 1.2 At the March 25, 2024, Council meeting, Council passed the following Resolution # C- 029-24: That the Municipal Clerk be directed to prepare a report for possible wording changes to the Procedural By-law, as follows: 1. Require all requests for delegations to be accompanied by a written summary, to be included in the Agenda, outlining their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation. 2. For matters which are more properly within the responsibility of staff, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate department. The delegation shall not be listed on an agenda until staff has had the opportunity to address the matter. 3. Not allow delegations who are there for the sole purpose of generating publicity for an event. 4. Not allow candidates, or nominees, for a political party. 5. Regarding decorum, add the following clause as follows: a. “No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee.” b. Members of the public shall be respectful of Council, staff, delegations, and all attendees at the meeting by refraining from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings. Page 7 Municipality of Clarington Page 3 Report LGS-018-24 c. Attendees shall not engage in conversations, display placards or props. 6. Change the time limit for delegations from ten minutes to seven minutes, with a single extension of up to three minutes by majority vote. Should there be more than one individual that registers to speak as a group, the group shall be allotted up to ten minutes to delegate. 7. That the time limit for Members of the Public to speak at Public Meetings be changed from ten minutes to five minutes. 8. That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. That all interested parties be advised of Council's decision. 2. Review of the Council Resolution’s Other Municipalities 2.1 Staff have surveyed the Durham Area municipalities regarding various aspects of delegations and their procedural by-laws. Attachment 1 shows the results of the survey. Written Submission/Summary 2.2 Clarington’s current Procedural By-law 2023-033 does not include a requirement for a written submission/summary, other than the following subsections: 7.5.6 Where a Delegation wishes to provide Members with written communication supporting the Delegation’s comments, the communication shall be provided to the Municipal Clerk prior to the meeting. The written communication may be distributed to the Members at the discretion of the Municipal Clerk or designate. 7.5.11 Where a delegation request is received after the Agenda Deadline and the matter is included on an agenda for a meeting, the request will be added to the addendum for the applicable meeting if written notice to the Clerk is received, including the subject of their address and their desired action requested by Council, by the Agenda Update Deadline for the meeting. Page 8 Municipality of Clarington Page 4 Report LGS-018-24 2.3 To address Council’s direction, Staff recommend a new section be added to the beginning of the delegation section, and the subsequent sections be renumbered: 7.5.1 All requests for delegations shall be accompanied by a written summary, to be included in the Agenda, outlining their subject, their name and address, their reason for delegating, their desired action requested of Council, and any supporting documentation. Delegations will not be allowed if the Municipal Clerk, in consultation with the CAO, deems that the written summary is not sufficient to convey the topic and position of the delegation. 2.4 As a matter of housekeeping, Staff are also recommending that subsection 7.5.11 be changed to remove content details as they are addressed in the new section. Therefore, change from: “if written notice to the Clerk is received, including the subject of their address and their desired action requested by Council, by the Agenda Update Deadline for the meeting.” TO: “if written notice to the Clerk is received, by the Agenda Update Deadline for the meeting.” 2.5 To facilitate the above, Staff will be changing their process and will be adding the “Delegation Request” to the delegation on the agenda (minus personal details – but leaving the person’s municipality). This will include the above information that Council is requesting. Matters Under Staff Responsibility 2.6 Subsection 7.6.2. touches on the matter of items that are the subject of a staff report: 7.6.2 Notwithstanding Sub-section 7.6.1, Delegations shall not be permitted to speak to a matter that was considered at a Standing Committee, or is the subject of a Staff report or matter included under Unfinished Business included on the Council agenda, where the Delegation spoke to the item at a Standing Committee meeting, including a Public Meeting, which is being reported to Council, unless a majority of the Members present vote in favour to hear the delegation. Page 9 Municipality of Clarington Page 5 Report LGS-018-24 2.7 As a housekeeping matter, Staff are seeking to clarify the wording, within subsection 7.6.2: “unless a majority of the Members present vote in favour to hear the delegation”. Although Council can always suspend the rules to hear a delegation, it puts Staff in a difficult position where we tell them that they are not permitted to speak “unless Council lets you” – then we have the difficulty of “do we add them to the agenda?” “do we tell them to show up and hope for the best?” “do we send them the link to appear electronically?” Therefore, Staff are recommending the removal of this wording in subsection 7.6.2. 2.8 In addition to Council’s concern above, Staff are also concerned about delegations which may come to Committee prematurely (i.e. the matter has been referred to Staff for a report which is not yet published). To address both concerns, Staff recommend a new section be added: 7.5.2(f) Speak to matters which have been referred to Staff for a report which is not yet on a published agenda or matters which are within the responsibility of Staff. For these inquires, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate Department. The delegation shall not be listed on an agenda until Staff has had the opportunity to address the matter. 2.9 Similarly, Staff recommend the following new section be added related to Communications, and subsequent sections be renumbered: 7.14.2 Communications which relate to a matter which has been referred to Staff for a report which is not yet on a published agenda or matters which are within the responsibility of Staff, shall not be placed on an agenda or the ECCIP and will be forwarded to the appropriate staff member for response to the author. Agenda Restrictions 2.10 Subsection 2.6 of the Procedural By-law outlines Agenda Restrictions, which is directly referred to from the Delegation section, but does not currently include a restriction regarding publicity. 2.11 To address Council’s direction, Staff recommend a new section be added, and the remainder (existing (j)) of subsection 2.6.1 be renumbered accordingly: 2.6.1 (j) is solely for the purpose of generating publicity for an event; Page 10 Municipality of Clarington Page 6 Report LGS-018-24 2.12 Additionally, Staff have identified that the following agenda restriction also be added: 2.6.1 (k) Involves an active by-law investigation or prosecution. 2.6.1 (l) Involves other administrative, or operational matters, including but not limited to: contract awards and billing discrepancies/issues. Candidates and Nominees 2.13 Subsection 2.6 of the Procedural By-law includes a restriction “where the subject matter involves political parties”. This does not speak particularly to nominees or candidates, or addressing candidates in a municipal election which would not be affiliated with a political party. 2.14 To address Council’s direction, Staff recommend that “candidate” and “political party” be defined and that the above section be replaced with the following wording: 2.6.1 (i) Involves candidates, political parties, or nominees for a political party. Conduct 2.15 Subsection 7.9.1 of the Procedural By-law outlines the conduct for delegations and presenters who shall not: a) speak disrespectfully of any person; b) use offensive words; c) speak on any subject other than the subject for which they have given notice to address Council/Committee; d) disobey the decision of the Chair; e) enter into debate with Members; f) appropriate any unused time allocated to another Delegation or Presenter; or g) deviate from answering directly when answering a question. Page 11 Municipality of Clarington Page 7 Report LGS-018-24 2.16 To address Council’s direction regarding comments, Staff recommend that subsection 7.9.1 (a), regarding conduct of delegations and presenters, be replaced with the following wording: 7.9.1 (a) speak disrespectfully of any person or make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee. 2.17 To address the display of placards and props, Staff recommend that the following section also be added to Subsection 7.9.1: 7.9.1 (h) display placards or props. 2.18 Similarly, subsection 9.14.1 states that Members of the Public shall maintain order and quiet and may not: a) Address Council or Committee without permission; b) Interrupt any speaker or action of the Members or any other person addressing Council or Committee; c) Speak out; d) Clap, except following award presentations; e) Behave in a disorderly manner; or f) Make any other noise or sound that proves disruptive to the conduct of the meeting. 2.19 To address Council’s direction Staff recommend that the following subsections be replaced, with the addition of subsection 9.14.1(g): 9.14.1(c) Speak out and shall refrain from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings; 9.14.1(e) Behave in a disorderly manner or be disrespectful of Council, Staff, delegations, or any member of the audience. 9.14.1 (f) Engage in conversations or make any other noise, or sound, that proves disruptive to the conduct of the meeting; 9.14.1 (g) Display placards or props. Page 12 Municipality of Clarington Page 8 Report LGS-018-24 Time Limit 2.20 The matter of the delegation time limit has changed back and forth over the years. The following is a summary of the history of the delegation time limit (beginning in 2001):  Report CLD-017-01 and its Addendum recommended changing the time limit from 10 minutes to five minutes in By-law 95-55. Council referred it back to staff and ultimately it was decided to keep it to ten minutes.  Report CLD-041-07 recommended five minutes and Council approved five minutes (By-law 2007-227).  In January, 2022, arising out of a delegation and correspondence, Council changed the limit from five minutes to ten minutes (Amending By-law 2011-009).  Report CLD-007-11 containing a new procedural by-law (By-law 2011- 016) which kept the ten minutes.  Report CLD-006-15 containing a new procedural by-law which (By-law 2015-029) kept the ten minutes.  Report LGS-017-21 containing a new procedural by-law which recommended five minutes and Council changed it to ten minutes (By-law 2021-054).  Report LGS-017-23 was the most recent comprehensive Staff review of the Procedural By-law and Staff considered recommending a reduction from ten minutes to five minutes, but there did not seem to be an appetite for that, in discussions with individual Members of Council, so it remained at ten minutes with a single extension. 2.21 The current Procedural By-law contains the following time limits for delegations: 7.5.13 Each Delegation in respect of a particular matter shall be limited to 10 minutes in addition to the time taken by Council to ask questions of the delegate and to receive answers to such questions. 7.5.14 An extension of 2 minutes may be provided to a delegation by passing a motion with a simple majority vote. All other extensions require the suspension of the rules of procedure. Page 13 Municipality of Clarington Page 9 Report LGS-018-24 2.22 To address Council’s direction regarding time limits for delegations, Staff recommend subsections 7.5.13 and 7.5.14 be replaced with the following: 7.5.13 Each Delegation in respect of a particular matter shall be limited to seven minutes in addition to the time taken by Council to ask questions of the delegate and to receive answers to such questions. 7.5.14 Should there be more than one individual who registers to speak as a group on the same matter, the group shall be allotted up to ten minutes to delegate. 7.5.15 A single extension, of up to three minutes, may be provided to a delegation by passing a motion with a simple majority vote. All other extensions require the suspension of the rules of procedure. 2.23 Regarding Council’s direction to change the time limit for Members of the Public to speak at Public Meetings from ten minutes to five minutes, Staff have concerns about communicating the distinction between delegations (i.e. one is for seven minutes, and one is for five minutes) and presentations. However, if it is Council’s wish to proceed with the original direction in the resolution, Staff recommend replacing the following subsection 7.10.3: Members of the Public speaking at a Public Meeting shall be limited to 10 minutes, in addition to the time taken by Council to ask questions of the person and to receive answers to such questions. With the following: Members of the Public speaking at a Public Meeting shall be limited to five minutes, in addition to the time taken by Council to ask questions of the person and to receive answers to such questions. 2.24 Regarding Council’s direction to add a limit of 20 minutes for staff and consultant presentations at Public Meetings, Staff recommend adding the following subsection 7.4.6: “The time limit for Staff and Consultant presentations at Public Meetings shall be 20 minutes.” Page 14 Municipality of Clarington Page 10 Report LGS-018-24 3. Changes Arising out of the Strong Mayors Act Previously Identified Matters 3.1 The following matters were identified, in Report LGS-024-23 regarding the Strong Mayors Act, as possible changes to the Procedural By-law:  Add that the Procedural By-law may be subordinated to the Strong Mayors powers section (Part VI.1) of the Municipal Act.  Mayoral veto overrides must be by 2/3 majority vote as defined in Part VI.1 of the Municipal Act.  The Strong Mayors powers allows the Mayor to appoint the Chair and Vice- Chair of Committees wholly consisting of Members of Council (i.e. General Government Committee and the Planning and Development Committee).  Deputy Mayors do not have the Strong Mayor powers.  The logistics of Council overriding a Mayoral veto, i.e. if there is a Council meeting scheduled within the timeframe, a Councillor should be able to put the proposed override resolution on the agenda for consideration. The Procedural By-law however does not allow a Member to add new business to a Council meeting. NOTE: If there is no meeting scheduled within the timeframe, and the Mayor is not willing to call a Special Council meeting, the current procedural by-law provisions for the calling of a special meeting by a majority of members prevails.  Clarify the Mayor’s power to introduce a matter or a by-law that could potentially affect a prescribed provincial priority and require Council to consider the matter, regardless of the Procedural By-law. 3.2 Although the resolution, arising out of Report LGS-024-23, directed Staff to bring the changes directly to a Council meeting, Staff felt that it would be appropriate to include it in this update to the Procedural By-law. Therefore, Staff are recommending that the following wording be added to the end of subsection 2.1.1, under the Applicability section: “unless specifically overridden by sections of the Municipal Act (i.e. Strong Mayor powers).” Page 15 Municipality of Clarington Page 11 Report LGS-018-24 3.3 Therefore, Staff are recommending that the following replace subsection 2.4.1(a): “The majority of Members have the right to decide unless specifically noted elsewhere in this Procedural By-law, or by Statute.” 3.4 Staff are recommending that the following words be deleted from subsection 5.1.1(b): “Each Member shall Chair the GG Committee meetings in accordance with the following schedule:” And replaced with the following words: “Unless the Strong Mayors Powers are invoked where the Mayor may appoint the Chair and Vice-Chair of Committees wholly consisting of Members of Council, each Member shall Chair the GG Committee meetings in accordance with the following schedule:” 3.5 Staff are recommending that the following wording be added to the end of subsection 3.2.1, under the “Appointment of Deputy Mayor” section: “except the Strong Mayors powers as defined in Part VI.1 of the Municipal Act.” 3.6 Staff are recommending that the following sections be added: 7.16.1.1 Notwithstanding subsection 7.16.1, Members of Council are permitted to add an agenda item to the “Items for Separate Discussion” section of the Council agenda (not a Standing Committee) to override a Strong Mayors’ Mayoral veto by providing notice to the Clerk prior to the meeting, in accordance with the Council override provisions of the Strong Mayor powers within Part VI.1 of the Municipal Act. 7.16.1.2 Despite any provision in this Procedural By-law and subject to any prescribed requirements, if the Mayor is of the opinion that a particular matter could potentially advance a prescribed provincial priority, the Mayor may require the Council to consider the matter at either a Standing Committee or Council meeting, without notice, in accordance with the Strong Mayor powers within Part VI.1 of the Municipal Act. Page 16 Municipality of Clarington Page 12 Report LGS-018-24 7.20.1.1 Despite any provision in this Procedural By-law and subject to any prescribed requirements, if the Mayor is of the opinion that a by-law could potentially advance a prescribed provincial priority, the Mayor may propose the by-law to the Council and require the Council to consider and vote on the proposed by-law at either a Standing Committee or a Council meeting, without notice, other than notice prescribed in Statutes, in accordance with the Strong Mayor powers within Part VI.1 of the Municipal Act. 3.7 Regarding the Mayor’s power to put items on an agenda, Staff are recommending that wording be added to clarify that the Mayor is the mover and does not require a seconder for Council to consider and vote on that by-law, but for a matter, Council may deal with it how they see fit through the normal course of the mover, seconder, and voting on a motion. These actions may include referring, deferring, dividing, or tabling, etc. 3.8 Therefore, Staff are recommending that the following subsections be added, renumbering subsection 9.12.4 to be 9.12.4(a): 9.12.4(b) Notwithstanding subsection 9.12.4(a), if the Mayor is invoking Strong Mayor powers within Part VI.1 of the Municipal Act for Council to consider and vote on a particular by-law, the Mayor shall be the mover and no seconder shall be required. 9.12.4(c) Notwithstanding subsection 9.12.4(a), if the Mayor is invoking Strong Mayor powers within Part VI.1 of the Municipal Act for Council to consider a matter, the matter may be dealt with as the Committee or Council sees fit through the normal course of a mover, seconder, and voting on a motion. 3.9 For clarity, Staff are recommending that the following be added: 3.3.3 Notwithstanding any requirement for the Mayor to leave the Chair to introduce a motion, this does not apply when the Mayor is introducing a motion under the Strong Mayor powers within Part VI.1 of the Municipal Act. Confirming By-law 3.10 Section 11 of the Municipal Act states that municipalities may pass by-laws respecting matters prescribed in the section. A confirming by-law confirms all the decisions of Council and provides a by-law reference for all its decisions in the meeting, whether done by by-law or not. It ensures that the municipality complies with Section 11 of the Municipal Act. Page 17 Municipality of Clarington Page 13 Report LGS-018-24 3.11 The Procedural By-law includes a section for a Confirming By-law. The current Clarington confirming by-law makes no reference to the Strong Mayors Act. Further to Staff’s initial review of the impacts of the Strong Mayors Act, Staff are recommending changes to the standard wording in the confirming by-law. 3.12 Staff have reviewed the confirming by-laws of other municipalities, and the legislation, and will be changing the standard template for a confirming by-law to that indicated in Attachment 3. 4. Financial Considerations Not Applicable. 5. Strategic Plan Not Applicable. 6. Concurrence Not Applicable. 7. Conclusion It is respectfully recommended that Council approve the draft by-law (Attachment 2) to amend the Procedural By-law. Staff Contact: June Gallagher, Municipal Clerk, jgallagher@clarington.net Attachments: Attachment 1 – Summary of Durham Municipalities – Delegations & Procedural By-law Attachment 2 – By-law to Amend the Procedural By-law Attachment 3 – New Confirming By-law Template Interested Parties: Rege Harren Libby Racansky Page 18 Attachment 1 to Report LGS-018-24 Summary of Durham Municipalities’ Procedural By-law Regarding Delegation Questions Page 1 of 4 Question/Matter Region Ajax Brock Oshawa4 Pickering Scugog Uxbridge Whitby A Delegate may only address a Standing Committee/Council with respect to an item on the agenda. With written submission, at Standing Committees only. Delegations at COW are only allowed on agenda items, and delegations at Council or only allowed on items on the agenda that were not first addressed at a Committee meeting. Can only be heard at Council provided they first appeared at Committee. “All Delegations for items not listed on an agenda shall register ten (10) days prior to the Meeting.” Committee first2. Request for support, free use, in-kind, or added services should go to Council as there may be budget implications, unless there is delegated authority, or a policy, or approved budget. Delegations must be submitted in writing with any support documentation and in accordance with our agenda deadlines (one week prior). We have an agenda item on each agenda that is: Public Comments or Questions as it relates to Items on the Agenda. Written request5 With the exception of matters considered directly by Council, a Delegation will be first heard at the Committee as determined by the Clerk in relation to the subject matter of the Delegation, prior to Council. Delegations for items not listed on an agenda shall register 10 days prior to the Meeting. Delegations requesting action be taken shall be referred to Staff for a report. Can only be heard at Council provided they first appeared at Committee, except where the matter is on Council or urgent. Goes to Committee, with proper notice. Uses the suggested wording. Written notice required. Must first appear before Committee unless the matter comes direct to Council. Not allowing delegations from persons who are not citizens of Clarington, excluding public meetings (in order to allow agents/consultants/developers). No such exclusion No such exclusion No such exclusion No such exclusion No such exclusion No such exclusion No such exclusion No such exclusion, but they note whether the delegation is a resident, non- resident, or representing a company on the agenda Page 19 Attachment 1 to Report LGS-018-24 Summary of Durham Municipalities’ Procedural By-law Regarding Delegation Questions Page 2 of 4 Question/Matter Region Ajax Brock Oshawa4 Pickering Scugog Uxbridge Whitby Not allowing delegations who are there for the “sole purpose of generating publicity for an event”. No such exclusion. We sometimes have delegations promoting events (usually if they are encouraged by staff and endorsed by the Region).R1 Uses this suggested wording. If the submission clearly has a political intent, or other publicity intent, then, in discussions with the Mayor, have the authority to say “no thank you”. Uses this suggested wording. Uses this suggested wording. Not allowing candidates, or nominees, for a political party. No such exclusion. But such a delegation could be found to be out of council’s jurisdiction. Similar wording1 No such exclusion – But could be “outside of jurisdiction” or could be addressed in the “use of Corporate resources during and election policy” No such exclusion - But could be “outside of jurisdiction” Uses this suggested wording. No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee. Chair to maintain order & decorum and, if necessary, through points of privilege which includes impugning the reputation of staff. The Region has experienced “ambushing”. “Attendees shall maintain order and not heckle or engage in conversations, display placards or props, or engage in any behavior that may be considered disruptive.” Members of the public shall be respectful of Council, staff, delegations and all attendees at the meeting by refraining from public outbursts, heckling, shouting, making comments, or behavior intended to disrupt the debate, discussion and/or general proceedings.3 Meeting attendees will maintain mutual respect and order and not disrupt the Meeting in any manner. See below6 Also restrictions on signs, banners, emblems and flags See below7 Can’t be disrespectful of any person; use improper language or unparliamentary language; disobey the rules of Procedure or decision of Chair. Uses this suggested wording. How long are delegations? 5 minutes 5 minutes 5 minutes 5 minutes 5 minutes 5 minutes 10 minutes 5 minutes Page 20 Attachment 1 to Report LGS-018-24 Summary of Durham Municipalities’ Procedural By-law Regarding Delegation Questions Page 3 of 4 NOTES: R1REGION = Restrictions on delegations: o Delegations related to labour relations, ongoing legal proceedings, insurance claims, or solicitation of business shall not be permitted. o Delegations with respect to complaints about Regional administrative processes shall not be permitted, including but not limited to contract awards and billing discrepancies/issues. o We also have restrictions on delegations coming to speak repeatedly about previous decisions of council, as a means to not tie up meeting time addressing things that are already dealt with. 1AJAX = The Clerk may decline to grant a request for delegation if the subject matter pertains to personnel matters, labour relations, ongoing legal proceedings, solicitation of business, political parties, or if it is otherwise apparent that the subject matter of the delegation is not suitable for discussion at a meeting of Council. Individuals wishing to appear as a delegation may be encouraged by a Member or a Staff person to consider resolving an issue or concern with Staff in lieu of, or prior to, submitting a request for delegation. 2BROCK = For matters which are more properly within the responsibility of staff, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate department. The delegation shall not be listed on an agenda until staff has had the opportunity to address the matter. 3BROCK = Delegations shall not: o Speak disrespectfully of any person; o Use improper language or unparliamentary language; o Speak on any subject matter other than the subject for which they have given notice to address Council/Committee; o Disobey the decision of the Chair; or o Enter into debate with Members. Page 21 Attachment 1 to Report LGS-018-24 Summary of Durham Municipalities’ Procedural By-law Regarding Delegation Questions Page 4 of 4 4OSHAWA = Related to correspondence = Correspondence that, in the Clerk’s determination, relates to staff performance, labour relations, ongoing legal proceedings or solicitation of business will not be placed on an agenda or considered by Council or a Committee and will be referred to staff. Council or the Committee to which the correspondence was addressed will be advised of the Clerk’s determination. Correspondence that, in the Clerk’s determination, relates to the following will not be placed on an agenda: o Matters which are not within Council’s jurisdiction; o Matters which have been decided upon by Council, if the period for reconsideration on the matter set out in section 26.10 has not expired; o Matters which have been referred to staff for a report, until the matter is before Council or Committee; and o Matters which are the subject of an Education and Training Session. 5OSHAWA = Related to delegations = Delegation requests that relate to staff performance, ongoing legal proceedings or solicitation of business will not be placed on an agenda or considered by Council or a Committee and will be referred to staff. Council, or the Committee to which the Delegation was intended, will be advised by the Clerk. Delegation requests that, in the Clerk’s determination, relate to the following matters will not be placed on an agenda (similar restrictions as correspondence). 6PICKERING = Regarding conduct = The Chair may impose restrictions on any Delegation and any questions to a Delegation for disorder or any other breach of this By-law and, if the Chair rules that the Delegation is concluded, the person or persons appearing shall end the Delegation. Delegations limitations are the same as Brock. 7SCUGOG= Same wording as Brock for matters that are staff responsibility. Regarding delegations the limitations are the same as Brock, with the following additions: o appropriate any unused time allocated to another Delegation or Presenter. o be placed on an agenda to discuss the same matter within six (6) months of the last appearance, unless otherwise approved by the Mayor. Page 22 Attachment 2 to Report LGS-018-24 Page 1 of 6 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2023-XXX Being a by-law to amend the Procedural By-law 2023-033. Whereas, arising out of Report LGS-018-24, Council approved Resolution #GG-XXX- 24, to amend the Procedural By-law regarding delegations and the Strong Mayors Act; Now therefore be it enacted that By-law 2023-033, Clarington’s Procedural By-law, be amended as follows: 1. Add the following to Section 1 – “Definitions and Interpretation”: “Candidate” shall have the same meaning as in the Canada Elections Act, S.C. 2000, the Election Act, R.S.O. 1990, or the Municipal Elections Act, 1996, as applicable, and shall be deemed to include a person or an agent for a registered person seeking to influence another person to vote for or against any candidate, question, or by-law submitted to the electors. “Group” means more than one person speaking on the same topic registered as a single delegation. “Political Party” means a political party registered with Elections Ontario or Elections Canada if it succeeds in endorsing one, or more confirmed candidates, in a general election or a by-election after it has become eligible for registration. Page 23 By-law to Amend the Procedural By-law Page 1 of 6 2. Add the following new subsection to the beginning of the delegation section and the subsequent sections be renumbered: 7.5.1 All requests for delegations shall be accompanied by a written summary, to be included in the Agenda, outlining their subject, their name and address, their reason for delegating, their desired action requested of Council, and any supporting documentation. Delegations will not be allowed if the Municipal Clerk, in consultation with the CAO, deems that the written summary is not sufficient to convey the topic and position of the delegation. 3. Replace the following words from subsection 7.5.11: “if written notice to the Clerk is received, including the subject of their address and their desired action requested by Council, by the Agenda Update Deadline for the meeting.” With the following words: “if written notice to the Clerk is received, by the Agenda Update Deadline for the meeting.” 4. Delete the following words from subsection 7.6.2: “unless a majority of the Members present vote in favour to hear the delegation.” 5. Add the following new subsections, and the subsequent sections be renumbered accordingly: 7.5.2(f) Speak to matters which have been referred to Staff for a report which is not yet on a published agenda or matters which are within the responsibility of Staff. For these inquires, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate Department. The delegation shall not be listed on an agenda until Staff has had the opportunity to address the matter. Page 24 By-law to Amend the Procedural By-law Page 2 of 6 7.14.2 Communications which relate to a matter which has been referred to Staff for a report which is not yet on a published agenda or matters which are within the responsibility of Staff, shall not be placed on an agenda or the ECCIP and will be forwarded to the appropriate staff member for response to the author. 6. Add the following new subsections, and renumber subsection 2.6.1 accordingly: 2.6.1 (j) Solely for the purpose of generating publicity for an event. 2.6.1 (k) Involves an active by-law investigation or prosecution. 2.6.1 (l) Involves other administrative, or operational matters, including but not limited to: contract awards and billing discrepancies/issues. 7. Replace subsection 2.6.1(i) with the following: 2.6.1 (i) Involves candidates, political parties, or nominees for a political party. 8. Replace subsection 7.9.1(a) with the following: 7.9.1(a) speak disrespectfully of any person, or make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee. 9. Add the following to subsection 7.9.1: 7.9.1 (h) display placards or props. 10. Replace subsection 9.14.1(c) with the following: 9.14.1(c) Speak out and shall refrain from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings; 11. Replace subsection 9.14.1(e) with the following: 9.14.1(e) Behave in a disorderly manner or be disrespectful of Council, Staff, delegations, or any member of the audience. 12. Replace subsection 9.14.1(f) with the following: 9.14.1 (f) Engage in conversations or make any other noise, or sound, that proves disruptive to the conduct of the meeting; 9.14.1 (g) Display placards or props. Page 25 By-law to Amend the Procedural By-law Page 3 of 6 13. Replace subsections 7.5.13 and 7.5.14 with the following: 7.5.13 Each Delegation in respect of a particular matter shall be limited to seven minutes in addition to the time taken by Council to ask questions of the delegate and to receive answers to such questions. 7.5.14 Should there be more than one individual who registers to speak as a group on the same matter, the group shall be allotted up to ten minutes to delegate. 7.5.15 A single extension, of up to three minutes, may be provided to a delegation by passing a motion with a simple majority vote. All other extensions require the suspension of the rules of procedure. 14. Replace subsection 7.10.3 with the following: 7.10.3 Members of the Public speaking at a Public Meeting shall be limited to five minutes, in addition to the time taken by Council to ask questions of the person and to receive answers to such questions. 15. Add the following subsection: 7.4.6 The time limit for Staff and Consultant presentations at Public Meetings shall be 20 minutes. 16. Add the following wording to the end of subsection 2.1.1, under the Applicability section: “unless specifically overridden by sections of the Municipal Act (i.e. Strong Mayor powers).” 17. Delete the following words in subsection 2.4.1(a): “The majority of Members have the right to decide.” And replaced with the following words: “The majority of Members have the right to decide unless specifically noted elsewhere in this Procedural By-law, or by Statute.” 18. Delete the following words from subsection 5.1.1(b): “Each Member shall Chair the GG Committee meetings in accordance with the following schedule:” And replaced with the following words: Page 26 By-law to Amend the Procedural By-law Page 4 of 6 “Unless the Strong Mayors Powers are invoked where the Mayor may appoint the Chair and Vice-Chair of Committees wholly consisting of Members of Council, each Member shall Chair the GG Committee meetings in accordance with the following schedule:” 19. Add the following words to the end of subsection 3.2.1, under the “Appointment of Deputy Mayor” section: “except the Strong Mayors powers as defined in Part VI.1 of the Municipal Act.” 20. Add the following sections: 7.16.1.1 Notwithstanding subsection 7.16.1, Members of Council are permitted to add an agenda item to the “Items for Separate Discussion” section of the Council agenda (not a Standing Committee) to override a Strong Mayors’ Mayoral veto by providing notice to the Clerk prior to the meeting, in accordance with the Council override provisions of the Strong Mayor powers within Part VI.1 of the Municipal Act. 7.16.1.2 Despite any provision in this Procedural By-law and subject to any prescribed requirements, if the Mayor is of the opinion that a particular matter could potentially advance a prescribed provincial priority, the Mayor may require the Council to consider the matter at either a Standing Committee or Council meeting, without notice, in accordance with the Strong Mayor powers within Part VI.1 of the Municipal Act. Page 27 By-law to Amend the Procedural By-law Page 5 of 6 7.20.1.1 Despite any provision in this Procedural By-law and subject to any prescribed requirements, if the Mayor is of the opinion that a by-law could potentially advance a prescribed provincial priority, the Mayor may propose the by-law to the Council and require the Council to consider and vote on the proposed by-law at either a Standing Committee or a Council meeting, without notice, other than notice prescribed in Statutes, in accordance with the Strong Mayor powers within Part VI.1 of the Municipal Act. 21. Renumber subsection 9.12.4 to 9.12.4(a) and add the following subsections: 9.12.4(b) Notwithstanding subsection 9.12.4(a), if the Mayor is invoking Strong Mayor powers within Part VI.1 of the Municipal Act for Council to consider and vote on a particular by-law, the Mayor shall be the mover and no seconder shall be required. 9.12.4(c) Notwithstanding subsection 9.12.4(a), if the Mayor is invoking Strong Mayor powers within Part VI.1 of the Municipal Act for Council to consider a matter, the matter may be dealt with as the Committee or Council sees fit through the normal course of a mover, seconder, and voting on a motion. 3.3.3 Notwithstanding any requirement for the Mayor to leave the Chair to introduce a motion, this does not apply when the Mayor is introducing a motion under the Strong Mayor powers within Part VI.1 of the Municipal Act. 22. This by-law shall take effect on the date of passing. Passed in Open Council this XX day of MMMM, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Page 28 Attachment 3 to Report LGS-018-24 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law YYYY-NNN Being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this regular meeting held on DATE. Whereas Part 1, Section 11 of the Municipal Act, 2001, as amended, states that a municipality may pass by-laws respecting matters which are within the spheres of jurisdiction approved by the Province; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. The actions of the Council of the Municipality of Clarington at this regular meeting held on DATE, in respect of each recommendation contained in the minutes of the Committees and each motion and resolution passed and other action taken by the Council of the Municipality of Clarington at this meeting, is hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law. 2. The Mayor and proper officials of the Municipality of Clarington are hereby authorized and directed to do all things necessary to give effect to the actions of the Council of the Municipality of Clarington referred to in the preceding section hereof. 3. The Mayor and Municipal Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the Municipality of Clarington. 4. For the purposes of the exercise of the authority of the head of council to veto a by-law in accordance with section 284.11 of the Municipal Act, 2001, as amended, this Confirming By-law shall be deemed to be separate Confirming By- laws for each item listed on the meeting agenda. Passed in Open Council this DD day of MMMM, YYYY. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-YYYY-NNN dated MMMMMM DD, YYYY. Page 29 MUNICIPALITY OF CLARINGTON GENERAL GOVERNMENT COMMITTEES MEETING RESOLUTION # DATE: May 6, 2024 MOVED BY Mayor Foster SECONDED BY Councillor Item 6.1 – Report LGS-018-24 – Procedural By-law Changes – Delegations and Strong Mayors Act That the draft by-law be amended to add the following new section in the Conduct of Delegations Section: 7.9.2 Delegations are encouraged not to repeat information, on the same matter, presented by an earlier Delegation, at the same meeting. Page 30 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: May 6, 2024 Report Number: LGS-020-24 Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: Authored by: Pinder DaSilva, IDEA Officer File Number: By-law Number: Report Subject: Equity and Inclusion Lens Guideline Recommendations: 1. That Report LGS-020-24, and any related delegations or communication items, be received; 2. That the Equity and Inclusion Lens Guideline attached to Report LGS-020-24, as Attachment 1, be approved; and 3. That all interested parties listed in Report LGS-020-24, and any delegations, be advised of Council’s decision. Page 31 Municipality of Clarington Page 2 Report LGS-020-24 Report Overview This report provides an overview of the Equity and Inclusion Lens Guideline for Council’s approval. The report includes an outline of the engagement process, including consultations with other municipalities who have adopted similar guidelines, and presentations to the Diversity Advisory Committee, Accessibility Advisory Committee, and the Anti-Black Racism Task Force. 1. Background 1.1 Clarington’s Inclusion, Diversity, Equity and Anti-Racism (IDEA) Officer conducted considerable research and consulted with different municipalities across Ontario which have implemented an Equity and Inclusion Lens Guideline, including City of Ottawa and City of Oakville. 1.2 Utilizing the different versions of the Equity and Inclusion Lens, the IDEA Officer worked with the Staff Diversity and Inclusion Team to select content for the Equity and Inclusion Lens Guideline that would be applicable to the Municipality of Clarington. 1.3 The content for the Equity and Inclusion Lens Guideline was presented to the Diversity Advisory Committee, the Anti-Black Racism Task Force, and the Accessibility Advisory Committee for feedback and approval. The Committees and Task Force all endorsed the Equity and Inclusion Lens. 1.4 The Equity and Inclusion Lens Guidelines has been branded by the Communications Division for Clarington. 2. Equity and Inclusion Lens Guideline 2.1 The Equity and Inclusion Lens (Attachment 1), is like a pair of glasses or a filter, helping Staff to look at programs and services with a new or different perspective. It’s an easy- to-use tool made up of three questions that prompt Staff and Council to think about inclusion in their work. Using the lens helps Staff and Council to consider potential impacts of programs, services, and initiatives on the diversity of our employees and customers. 2.2 The Equity and Inclusion Lens Guideline is intended to be used by Council, Municipal Staff and Municipal committees when creating a new initiative or when reviewing an existing project or program. Page 32 Municipality of Clarington Page 3 Report LGS-020-24 2.3 The Equity and Inclusion Lens Guideline is included in the IDEA Strategy and aligns with the Strategy’s Guiding Principles and Pillars of Diversity, Equity and Anti-Racism. 2.4 The Equity and Inclusion Lens Guideline will be posted on the Hub and made available for all staff to use. It will also be made public once it is uploaded to the Diversity, Equity and Inclusion section of the website. 2.5 Formal presentation and training will be made available to departments interested in learning more on using the Equity and Inclusion Lens Guideline. 3. Financial Considerations Not Applicable. 4. Strategic Plan L.1.4: Take steps to ensure our staff team is diverse and inclusive, representative of the community it serves. C.3.1: Recognize and celebrate the growing diversity of the community. C.3.2: Reduce barriers to municipal programs, services and infrastructure. 5. Concurrence Not Applicable. 6. Conclusion These Guidelines pertain to Council, among others. As such, it is respectfully recommended that the Equity and Inclusion Lens Guideline be approved by Council. Staff Contact: Pinder DaSilva, IDEA Officer, 905-623-3379 ext. 2563 or pdasilva@clarington.net. Attachments: Attachment 1 – Equity and Inclusion Lens Guideline Interested Parties: Clarington’s Diversity Advisory Committee Clarington’s Anti-Black Racism Task Force Clarington’s Accessibility Advisory Committee Page 33 Equity and Inclusion Lens Guideline www.clarington.net Page 34 2 Clarington’s Equity and Inclusion Lens The Municipality of Clarington recognizes that ethno-cultural, race, gender identity, sexual orientation, ability, religious affiliation, age, and other aspects of identity collectively impact and form our life experiences and how we interact with each other and our communities. We value the diversity of the people and communities we serve. The need to belong is universal and fundamental. We recognize that there is work to be done to close the belonging gap. Clarington is committed to closing the gap and creating an inclusive, equitable and safe community. Inclusion is about building environments and cultures where people with diverse identities feel like they belong, can work and live to their full potential with respect, dignity and freedom from discrimination, and participate freely in the life of the community while retaining authenticity, uniqueness and autonomy. Page 35 3 What is an Equity and Inclusion Lens? An Equity and Inclusion Lens is like a pair of glasses that help you see things with a new or different perspective. It’s an easy-to-use tool made up of three questions that prompt us to think about inclusion in our work. Using the lens helps us consider potential impacts of programs, services and initiatives on the diversity of our employees and customers. The three questions are: • What am I already doing to promote inclusion? • Who is not included in the work I am doing? • What changes or recommendations can I make to improve inclusion and create a positive impact? Why use an Equity and Inclusion Lens? • To become more aware of the diversity in our workforce and our community • To incorporate broader perspectives into our work, leading to creative solutions to address diversity and inclusion challenges • To create an inclusive and respectful work culture that values equity and diversity • To better understand the needs of our residents and the systemic barriers preventing equitable access Who should use the Equity and Inclusion Lens? • Councillors • Municipal Staff • Municipal volunteers and committee members • Community partners, consultants and businesses providing services on behalf of the Municipality When should you use the Equity and Inclusion Lens? New initiatives: use it at the beginning of a project or when planning new programs and services to identify impacts that may unintentionally exclude certain groups. Remember to use the lens when developing a Request for Proposal (RFP) or requesting a quote. Existing initiatives: use it to review a current project, program or service to identify steps to eliminate or reduce any unintended negative impacts or barriers. Page 36 4 How to use the Equity and Inclusion Lens Guideline The Equity and Inclusion Lens Guideline is intended to be an interactive tool that can help staff to check their own perspectives and potential biases when reviewing, designing and implementing programs, services and initiatives. Check your Biases When asking yourself the three Equity and Inclusion Lens questions, consider starting by checking your biases. We all have conscious or unconscious biases — those unsupported opinions, assumptions or prejudices we make about people or groups that could result in treating some people unfairly. Unconscious or implicit bias refers to the social stereotypes and judgments that people unknowingly assign to others based on a variety of factors, such as their age, socioeconomic status, weight, gender, race or sexual orientation. Unconscious bias has the potential to influence the way we work, the way we think and the way we interact with colleagues. These biases can lead to inaccurate judgments and reinforce stereotypes, greatly impacting organizational decision-making. Questions to ask yourself to check your biases: •Do I seek out new experiences and interact with people with different lived experiences than me? •Which issues do I not care about as much? Why is that? •Am I comfortable with questioning social norms or do I avoid conversations about social issues? •What privileges do I have that others do not? •Do I actively listen to other peoples’ experiences and perspectives? •What has formed my implicit biases? •What will I do next to be more aware of my biases? Page 37 5 Steps to implementing the Equity and Inclusion Guideline: Identify Identify a program, service, policy or project. Remember it can be new or already implemented. Answer Answer the three questions below to help you determine the potential direct or indirect impacts of the initiative and whether it encourages inclusion. 1. What am I already doing to promote inclusion? Create a list of the programs, projects and initiatives that are addressing equity and inclusion challenges. 2. Who is not included in the work I am doing? Determine if you’ve missed a group that may be impacted or impact your work: Consider: • New Canadians, newcomers, refugees • People with different educational backgrounds • People with disabilities (visible, invisible) • People with different language, literacy levels • Faith groups • Families • 2SLGBTQQIA+ • Indigenous Peoples • Low-income households • Older adults, seniors • Racialized people • Women • Youth • Rural residents 3. What changes or recommendations can I make to improve inclusion and create a positive impact? Be sure to find ways to consult individuals with lived experience from the groups that you have identified as missing from your work. If you are not making any changes describe why. Gender neutral language in forms/documents: Remove Mr./Mrs., his/her (or change to them) Welcoming facilities: remove physical obstacles, provide inclusive wayfinding Images: Include people of diverse groups Implement Record ideas from discussions and reflections. Incorporate and implement outcomes from the lens. Page 38 6 Additional questions and facts when applying the Equity and Inclusion Lens These additional questions will help you take a deeper look at inclusion in key areas below. Working Together When I interact with others, do I: ▢Check my assumptions? Am I using information I have, or information I created based on my inferences and personal experiences? ▢Avoid stereotypes so I can see the individual for who they are? ▢Discourage jokes, insults and negative comments that may be offensive? ▢Respect differences and recognize what we have in common? ▢Encourage feedback and full participation from everyone? As a leader, do I: ▢Take steps to create a respectful and inclusive environment and encourage staff to contribute to creating an inclusive workplace? ▢Clearly communicate to staff and the public that inappropriate behaviour such as offensive jokes and negative comments? ▢Actively gather input and ideas from staff or the public with diverse perspectives? ▢Have procedures, practices or attitudes that unintentionally prevent some people from fully engaging in our work? For example, scheduling meetings that conflict with religious holidays or not considering accessibility in planning or implementation. What alternatives are possible? Page 39 7 Public Engagement ▢ What types of engagement and outreach will help to ensure that everyone is able to fully participate? How are you creating opportunities for people less likely to be heard to share their specific concerns? For example, using multiple tactics such as online surveys and focus groups, types of questions asked, communication supports and anonymous feedback. ▢ Is your team representative of the diversity of the population you are engaging? What steps can you take to ensure you are inclusive of the diversity of perspectives? ▢ What steps can you take to remove barriers to people’s full participation? For example, ensuring the location is accessible, offer communication supports such as ASL or CART, or considering date and time of day. ▢ Does the time of the event or hours of the service consider potential impacts on people’s time? For example, transportation, language, time, religious and cultural holidays, culturally appropriate content and family responsibilities. ▢ Which employee(s), department(s), or agencies with experience in these communities or areas help us engage with the community? ▢ Is the environment welcoming to participants who may be reluctant to share their views? Does the pace, format and language of the engagement accommodate everyone, including participants for whom the information may be new? If not, what can we do to change this? For example, pair a new participant with an experienced one to help the new participant feel encouraged to participate, use closed captioning and translation software or services. ▢ Are the insights from groups who face systemic barriers and inequities reflected in the final product? Programs, services, policies and projects ▢ Have equity and inclusion been considered for the current or proposed program, service, policies, or project? ▢ How is the current or proposed service, policy, project or program designed to ensure that diverse people can participate and benefit with dignity? For example, accessibility for mobility devices, visual and hearing disabilities, language or access to public transit. ▢ Will the service or program give the community fair and equal access to resources and benefits? ▢ Are there inclusion practices in other municipalities, departments or community organizations that can inform the implementation? ▢ Have the primary target user groups been consulted? Page 40 8 Communications ▢Have you considered all possible target audiences? Who might not be included? ▢What specific communication strategies are needed to reach them? For example, working with community leaders, community organizations and networks, municipal website, community newspapers or social media? ▢Is the way you are communicating easily accessible and understood by the full diversity of our target audience? For example, using plain language, accessible formats, graphics, multiple languages and making information available both online and print). Will any groups be missed by only using certain methods? What other approaches might we use? ▢Do images represent the full diversity of employees or residents? ▢Will people relate to the images and feel included in the way they are represented? ▢Is everyone portrayed in a positive way that promotes inclusion and eliminates stereotypes? Inclusive Hiring Checklist The purpose of this checklist is to challenge unconscious bias and consider barriers that candidates may face during the recruitment process. Below is a list of questions to ask yourself to support an inclusive hiring process as much as possible. Pre-Posting ▢Do staff in your department reflect the diversity of the residents of the Municipality of Clarington? ▢Would it be beneficial to engage in any focused employment outreach activities such as job fairs and information sessions to encourage diverse applicants to apply for positions in your department? ▢Are you aware that unconscious biases or perceptions about who is suitable for certain jobs exist for all of us? For example, assumptions that men are more suited to certain jobs, people from certain backgrounds are better or worse at certain positions, or that people are too young/old. Page 41 9 Posting Content ▢ Have you reviewed the job posting to ensure it continues to include bona fide occupational requirements that are integral to carrying out the functions of the position? ▢Are the educational credentials (degree, diploma, certificate, licence) listed in the job description, job posting, pre-screening criteria and/or assessment criteria still necessary and/or required by law to perform the job? Could a candidate with an equivalent combination of education and experience perform the duties of the position? ▢Are the years of experience requirements that are listed in the job description, job posting, pre-screening criteria and/or assessment criteria still necessary or valid in order to perform the job? For example: •Requiring “recent experience” can create barriers for people re-entering the job market•Requiring a specific number of years of experience can create barriers due to age •Legally in Ontario, employers are not permitted to ask for Canadian experience in a job posting ▢Are you using inclusive language in the job description, job posting, testing materials, during your interviews and telephone discussions with candidates? For example: •Are your communications and terms gender-neutral, such as referring to a “firefighter” not a “fireman”?•Are you providing examples and communicating messages that reflect diversity? •Are you using jargon, idioms or humour that would not be easily understood across different generational, cultural, ethnic and language groups? Posting Content ▢Have you considered where to post your job to reach the broadest pool of diverse applicants? For example, in addition to the Municipal website, the job ad may be shared with community partners, employment agencies that serve diverse applicants, educational institutions, or other places that facilitate access to job postings for diverse applicants. ▢Have you considered the language level used in the posting? Use plain language and consider testing your document’s readability. Page 42 10 Screening ▢ Make sure when reviewing applications you are not allowing irrelevant information to influence your assessment of candidates, such as their name, home address, sex/gender, where or what year they completed their education or training, where they received their prior work experience, etc. Interview Panel ▢ Does your interview panel include diverse representatives? ▢ Have you considered having cross-departmental interview panels to draw on the different experience, skill sets, educational background, professional background, etc. of people outside of your department? Evaluating Candidates ▢ Are you evaluating candidates in the same way, against the same criteria, at every stage of the hiring process? ▢ Are tests/screening tools reviewed for cultural, gender, racial, age or other biases? Biases ▢ Are candidates being evaluated on factors that do not predict future job performance and could result in bias, discrimination and/or a lack of diversity in hiring and advancement decisions? These factors could include: • Personality, generation, culture, gender, etc. • Your first impression or “gut” feeling • Perception of “fitting” in or how comfortable you feel with them • Communication style such as accent, speaking volume, speaking style, level of formality, etc. • Whether they are introverted or extroverted • Body language, such as how they shake hands, eye contact, how close they stand to others • Physical appearance and dress, facial hair, tattoos, piercings Page 43 11 ▢Make sure you are not evaluating candidates based on gaps in their employment history. This could result in bias and create systemic barriers for: •Individuals who left the workplace to care for children or aging parents•Individuals with disabilities who have periods of absence due to medical reasons•New Canadians and foreign-trained professionals•Youth entering the workforce who face difficulty securing permanent full-time work •Individuals who face barriers and are underemployed due to race, ethnicity, ancestry, place of origin, ethnic origin, sex/gender, sexual orientation, etc. ▢Make sure you are not rejecting candidates solely because they appear to be overqualified. This could have an adverse effect on: •Older individuals, who have significant work experience but are facing barriers to employment, or who may desire a position with less responsibility to transition into retirement or for greater work life balance•Newcomers to Canada who are facing difficulties securing employment despite their prior work experience and education •Individuals re-entering the workforce after lengthy absences such as individuals with disabilities or who have taken time off for childrearing ▢Make sure you are not favouring candidates that are similar to you in gender, race, ethnicity/ancestry/place of origin, ability, sexual orientation, cultural background, education background, similar interests, etc. Barriers ▢Are you able to remove as many barriers as possible upfront? For example: •Scheduling interviews in locations that are physically accessible•Arranging interview/testing rooms that are large enough for assistive devices •Providing a copy of interview questions for candidates to refer to•When a candidate asks for accommodation, be prepared to provide test materials in alternate formats. The Municipality of Clarington would like to extend thanks to the Town of Oakville for sharing their Inclusion Lens. Page 44 Equity and Inclusion Lens Guideline The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 Local: 905-623-3379 info@clarington.net www.clarington.net Page 45 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: May 6, 2024 Report Number: FSD-020-24 Authored by: David Ferguson Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Mary-Anne Dempster, CAO Resolution Number: By-law Number: File Number: CL2024-14 Report Subject: Concrete Curb and Sidewalk Repairs Recommendations: 1. That Report FSD-020-24, and any related delegations or communication items, be received; 2. That Epic Paving & Contracting Ltd. with a total estimated bid amount of $230,000 (Net HST Rebate) for the initial one-year term and an estimated five-year contract value of $1,150,000 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of CL2024-14 be awarded the contract for Concrete Curb and Sidewalk Repairs; 3. That pending satisfactory performance and price, the Purchasing Manager, in consultation with the Director of Public Works, be authorized to extend the contract for this service for up to four additional one-year terms; 4. That the total estimated funds required for this project for the first-year term in the amount of $230,000 (Net HST Rebate) be funded from the Sidwalk Mntce – Contract account; and 5. That all interested parties listed in Report FSD-020-24, and any delegations be advised of Council’s decision. Page 46 Municipality of Clarington Page 2 Report FSD-020-24 Report Overview To request authorization from Council to award tender CL2024-14 for Concrete Curb and Sidewalk Repairs. 1. Background 1.1 Tender specifications for Concrete Curb and Sidewalk Repairs were prepared by the Public Works Division and provided to the Purchasing Services Division. 1.2 Tender CL2024-14 was issued by the Purchasing Services Division and advertised electronically on the Municipality’s website. 1.3 Thirty-five plan takers downloaded the tender document. 2. Analysis 2.1 The tender closed on April 12, 2024. 2.2 Thirteen bids were received in response to the tender call. 2.3 The bids were reviewed and tabulated by the Purchasing Services Division (see Attachment 1) and deemed compliant. The results were forwarded to the Public Works Division for their review and consideration. 2.4 After review and analysis by the Public Works Division and the Purchasing Services Division, it was mutually agreed that the low-compliant bidder, Epic Paving & Contracting Ltd., be recommended for award of tender CL2024-14. 2.5 Epic Paving & Contracting Ltd. has successfully completed work for the Municipality in the past. 3. Financial Considerations 3.1 The annual funding required for the first-year term in the estimated amount of $230,000 (Net HST Rebate) will be funded by the Municipality as provided. Future budget accounts include the funds required for the second, third, fourth, and fifth-year term terms. Description Account Number Amount Sidewalk Mntce – Contract 100-36-380-10733-7163 $230,000 Page 47 Municipality of Clarington Page 3 Report FSD-020-24 3.2 Pricing submitted for Concrete Curb and Sidewalk Repairs is to remain firm for the first year of the contract. For future contract years, the unit prices would be adjusted on the anniversary date of the contract award by the annual percentage change in the most recent issuance of the Consumer Price Index (CPI), All Items, Ontario, as published by Statistics Canada and the pricing will remain firm for the contract year. 3.3 The total estimated contract is for one year plus four optional additional years is approximately $1,150,000 (Net HST Rebate). 3.4 Queries with respect to the department’s needs should be referred to the Director of Public Works. 4. Strategic Plan Not Applicable. 5. Concurrence This report has been reviewed by the Deputy CAO, Public Services and the Director of Public Works who concur with the recommendations. 6. Conclusion It is respectfully recommended that Epic Paving & Contracting Ltd. being the lowest compliant bidder, be awarded the contract for Concrete Curb and Sidewalk Repairs in accordance with the terms and conditions of Tender CL2024-14. 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 48 Municipality of Clarington Page 4 Report FSD-020-24 Attachment 1 to Report FSD-020-24 Municipality of Clarington Summary of Bid Results Tender CL2024-14 Concrete Curb and Sidewalk Repairs Bidder One-Year Total Bid (Net HST Rebate) Potential Five-Year Total Bid (Net HST Rebate) Epic Paving & Contracting Ltd. $104,960.35 $524,801.76 Avion Construction Group Inc. 105,830.40 529,152.00 May's Group 121,114.75 605,573.76 Shayk Construction Inc 122,061.12 610,305.60 ROYAL CROWN CONSTRUCTION 124,070.81 620,354.04 Quality Property Services 124,452.48 622,262.40 Emmacon Corp. 132,288.00 661,440.00 DIG-CON INTERNATIONAL LIMITED 144,448.32 722,241.60 Aloia Bros. Concrete Contractors Ltd. 156,075.93 780,379.63 FDS Construction Inc. 162,522.93 812,614.66 Vidan Roofing & Contracting Inc. 171,516.48 857,582.40 Aqua Tech Solutions Inc 199,245.06 996,225.31 GIP Paving Inc. 321,725.43 1,608,627.17 Note: The tender provided conservatively estimated project quantities and therefore, Epic Paving and Contracting Ltd.'s bid is significantly below the approved operating budget. The allocated 2024 budget for sidewalk and curb repairs is $230,000. The department will manage the contract quantities to maximize the amount of work that can be completed within the limit of the operating budget. Page 49 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: May 6, 2024 Report Number: FSD-021-24 Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Mary-Anne Dempster, CAO Resolution#: Authored by: Brittany Renwick, Administrative Assistant, Finance and Technology File Number: By-law Number: Report Subject: 2024 User Fee By-law Update Recommendations: 1. That Report FSD-021-24, and any related delegations or communication items, be received; 2. That the By-law attached to Report FSD-021-24, as Attachment 1, repealing and replacing By-law 2023-044, the User Fee By-law, be approved; and 3. That all interested parties listed in Report FSD-021-24, and any delegations be advised of Council’s decision. Page 50 Municipality of Clarington Page 2 Report FSD-021-24 Report Overview In June 2023, Council approved report FSD-029-23, which began the process of consolidating user fees into one by-law, an efficient way to incorporate inflationary factors and adopt new fees in a consistent manner. The Deputy CAO/Treasurer has the authority to approve annual changes to existing fees in the User Fee By-law up to the CPI increase or $5, whichever is greater. These changes took effect in January of 2024. This report adds new fees and highlights administrative changes to the User Fee By-law, which will take effect July 1, 2024. This requires Council approval. Once these new fees are added to the Fee Schedule, they will also be subject to the annual CPI/$5 increase to be approved by the Deputy CAO/Treasurer. 1. Background 1.1 For the 2024 update, in consultation with the Clerk, it was decided that last year’s By- law would be repealed, and a new By-law would be created for ease of reference and public transparency. 1.2 The Municipal Act, 2001 allows the Municipality to charge user fees for services which are provided to individuals. The user fee must be provided for in a by-law approved by Council. 1.3 Increasingly, municipalities are reviewing their user fee process to consider the appropriateness of the amount of costs that should be borne by the property tax levy versus the amount that the benefiting party should be paying. 1.4 As Municipalities are limited in the types of revenue that they may generate (property taxes, user fees, investment income), it is important to ensure that user fees are carefully considered when the service being provided benefits individuals. 2. By-law Changes 2.1 In By-law 2023-044, authority was provided to the Deputy CAO/Treasurer to waive fees up to $50. The intent of this authority was to address customer service issues. It has been noted that customer service complaints are not the only time that fee waivers may be beneficial to the corporation. Page 51 Municipality of Clarington Page 3 Report FSD-021-24 2.2 The Community Services Division of the Public Services Department receives requests from community groups for in-kind support such as reduced rental charges. Further, special events such as ParticipAction Week or other campaigns (such as Bike Safety Week) may benefit from reduced fees for activities. As well, the Municipality historically has provided free public swims during extreme heat events. 2.3 The Deputy CAO/Treasurer will develop a management directive and standard operating procedures for implementing controls on the waiving or provision of complimentary or reduced fees for community events and partners. 2.4 Throughout the year, it may be necessary for staff to establish new fees outside of the schedule outlined in the User Fee By-law. In order to meet customer service standards and service delivery requirements, it is recommended that the Deputy CAO/Treasurer (or designate) be authorized to approve interim service fees to be ratified by Council within 12 months of approval. For example, it is anticipated that certain services from the Region of Durham may be transferred to the Municipality, there would be a need to add these new services to the User Fee Schedule. 3. Legislative Services - Animal Services Current Animal Adoption Services, Costs, and Fees 3.1 Currently, all animals made available for adoption are vaccinated with species- appropriate vaccinations and rabies vaccinations, dewormed, and microchipped. 3.2 Any additional veterinary care, within reasonable parameters, may be undertaken, such as eye and ear treatments or minor dental work. 3.3 Cats over six months of age are sterilized. Adopters of kittens under the age of six months are provided a $75 voucher at the time of the adoption to be redeemable on proof of sterilization by a veterinarian. Adopters are responsible for any other costs. 3.4 Most dogs in Clarington Animal Shelter's care are not sterilized prior to adoption as the current adoption fees do not cover the cost of the required veterinary and aftercare. Some exceptions have been made in unique circumstances, which has proven to increase the animal's adoptability. 3.5 The current fee for a cat adoption is $135. The adoption fee includes the Municipality of Clarington’s license fee ($15 for a microchipped/spayed or neutered pet) for one year. 3.6 The current fee for a dog adoption is $100. The adoption fee includes the Municipality of Clarington’s license fee ($15 for a microchipped/spayed or neutered pet) for one year. There is no voucher program currently in place. Page 52 Municipality of Clarington Page 4 Report FSD-021-24 3.7 Dogs (adults and puppies) were not routinely sterilized prior to adoption until late 2023. Costs were viewed as prohibitive, and there were concerns with recuperation in the shelter. Post-surgical animals have a ten-to-fourteen-day recovery period. Rationale for Proposed Animal Adoption Fee Increases 3.8 Moving forward, Shelter staff recommend that Clarington require sterilization of all dogs prior to adoption. This will result in extra costs, however the returns, tangible and intangible, are worthwhile. 3.9 Sterilization of animals is quite expensive for pet owners and can be a barrier to adoption for many people. This could lead to a preference for sterilized animals, leading to longer shelter stays between incoming and outgoing dates. Longer shelter stays cost the Municipality for animal care (food, staffing, cleaning, shelter overhead) and decreases available space in the shelter, causing challenges for sufficient housing of incoming animals. 3.10 Unsterilized pets contribute to the overpopulation of unwanted and abandoned pet populations. Pet owners often wish to surrender pregnant dogs or cats or entire litters of puppies or kittens. They may also try to surrender puppies that they could not sell, after intentional, or accidental, breeding. In 2023, one stray adult female Rottweiler was impounded and within three days had eight puppies at the shelter. Eleven stray cats gave birth at the shelter in 2023. Other callers asking about surrendering their pregnant pets were referred elsewhere due to space limitations. 3.11 In a shelter setting, unsterilized dogs and cats are behaviourally more anxious, excitable, and reactive and may show more signs of aggression. 3.12 Sterilized animals help decrease the domestic animal population. This assists in mitigating the root cause of animal sheltering requirements—overpopulation with unwanted animals. 3.13 Sterilized animals lead less stressful, healthier lives due to the reduction of hormonal urges and effects. Sterilization has also been shown to reduce common hormonal- related illnesses such as mammary gland tumours and testicular cancer. 3.14 Sterilization of young animals is not an accepted veterinary practice by many veterinarians. Approximately six months is the commonly accepted age for a vet to perform the surgery. Rebates are already provided to adopters of kittens. This rebate is $75 off the $135 adoption fee, and the amount is sent once proof of sterilization is remitted. This important incentive to sterilize adopted animals, provides a 56% discount. A similar rebate program for dogs will incentivize puppy adoptions and have a positive impact on the unwanted pet population by helping to reduce accidental breeding. Page 53 Municipality of Clarington Page 5 Report FSD-021-24 3.15 There are many sources of incoming animals: strays, surrenders, Ontario Provincial Police and Provincial Animal Welfare Services seizures, and protective custody holds with varying hold times. 3.16 Incoming animals are vaccinated, dewormed, and treated with flea medication as needed, within 48 hours of impoundment in the shelter, to protect them and other animals. 3.17 Animals that are not redeemed become the property of the Municipality of Clarington after the stray hold time is expired (five days, as per the Responsible Pet Owners By- law 2013-024 Section 4.21(1)). After this time, they are assessed to determine adoptability. This hold time can vary if the animal is from a seizure. Surrenders become the immediately the property of the Municipality of Clarington as soon as the surrender forms are signed. 3.18 Care costs are difficult to quantify for pets in the care of Clarington Animal Shelter. The costs include many factors, depending on the length of stay, the animal's health, and/or special needs such as diet or medication. Staff hours, disinfection, and cleaning supplies, as well as appropriate bedding and enrichment, all contribute to the cost of sheltering animals from their intake to their outcome. Once an animal is deemed suitable for adoption, it is microchipped and sterilization surgery is booked as soon as possible. 3.19 Veterinary Costs for Cats in 2023 (Average of various clinics used): Item Average Cost FVRCP $25 Rabies 30 Flea Tx 25.66 Deworming 10 Microchip 10 Male Neuter 121.32 Female Spay 179.80 Male Total $221.98 Female Total $280.46 Adoption Fees $130 ($135 in 2024) Page 54 Municipality of Clarington Page 6 Report FSD-021-24 3.20 Veterinary Costs for Dogs in 2023 (Average of various clinics used): Item Average Cost DHCPP $25 Rabies 28 Flea Tx 30 Deworming 2 Microchip 10 Male Neuter 406.13 or Female Spay 499.70 Male Total $501.13 Female Total $594.70 Adoption Fees $95 ($100 in 2024) 3.21 The above charts include only routine veterinary costs to prepare an animal for adoption. Any other treatments or interventions are in addition to these costs, such as dental work or umbilical hernia repair. 3.22 Animals that remain in the shelter for more than 30 days may also require booster vaccinations for the initial vaccines (FVRCP or DHCPP) and repeat flea treatment. 3.23 Currently, the Clarington Animal Shelter does not have a contracted veterinarian due to the lack of bidder in the most recent Request for Quotations. The Shelter must obtain services from whichever vet is willing to provide them, at their convenience, and at their variable prices and discounts. 3.24 Currently the adoption costs in the Municipality of Clarington are very low compared to surrounding municipalities. Differences range from 300% to 600% higher than the adoption fee at Clarington Animal Shelter. Page 55 Municipality of Clarington Page 7 Report FSD-021-24 3.25 Current Adoption Fees in Surrounding Communities: Municipality Puppies Adult Dogs Senior Dogs Kittens Adult Cats Senior Cats Clarington $100 $100 $100 $135 ($75 voucher) $135 $135 Pickering 300 ** 150 Whitby 500 309.74 250 150 Oshawa 500 400 226 169.50 Port Hope 600 450 300 200 150 100 Ajax (HSDR) 585 325 210 85 3.26 All surrounding municipalities adopt out only sterilized animals, except in the case of Pickering, which offers a $75 rebate for kittens adopted unsterilized due to age. Recommended Changes to Clarington’s Adoption Fees 3.27 The following chart summarizes the recommended changes: Species New Fee Increase Voucher Rebate (Proof of Sterilization) Net increase Dog - Adult $400 $300 N/A $300 Dog – Puppy (<6mo) 500 400 $100 rebate (25%) (new) 300 Cat – Adult 150 15 N/A 15 Cat – Kitten (<6mo) 150 15 $75 rebate (50%) 15 3.28 Cat fees remain constant between adults and kitten, so the increase would be the net increase in both cases. Page 56 Municipality of Clarington Page 8 Report FSD-021-24 3.29 Fees for puppies would be higher to mitigate the cost of a voucher program. 3.30 In 2023, 24 adult dogs and 10 puppies were successfully adopted to new owners. Additionally, 76 adult cats and 53 kittens were adopted. The recommended rate increase applied to the 2023 adoptions would have resulted in a gain of $12,885 adoption revenue. 3.31 The increased fees would put the Clarington Animal Shelter fees in the mid-range of the other area lakeshore communities. 3.32 New Adoption Fees in Relation to Surrounding Communities: Municipality Puppy Fee Adult Dog Fee Senior Dog Fee Kitten Fee Adult Cat Fee Senior Cat Fee Pickering $300 ** $150 Whitby 500 309.74 250 150 Clarington 500 ($100 rebate) 400 150 ($75 rebate) 150 Oshawa 500 400 226 169 Port Hope 600 450 300 200 150 100 Ajax (HSDR) 585 325 210 85 Other Agency Boarding User Fee Addition 3.33 It is recommended that Clarington adopt new “Other Agency Boarding” fees and add to the Legislative Services fee schedule. 3.34 Other agencies, such as the Provincial Animal Welfare Services or neighboring municipalities, may sometimes require assistance housing animals in their care. Clarington Animal Shelter may be able to assist in some cases, depending on the number of animals in care at the time. Page 57 Municipality of Clarington Page 9 Report FSD-021-24 3.35 This is to set the fees for outside agencies and allow them to be raised along with the other user fees at the shelter when appropriate. Other Agency Boarding Fee HST Total Unit Intake exam – first day board $60 $7.80 $67.80 First day Daily Boarding Fee (includes food, cage space, care, daily monitoring, etc.) Regular Dog 30 3.90 33.90 Per animal, per day Cat 25 3.25 28.25 Per animal, per day Aggressive, dangerous, quarantine or medical isolation animals 75-100 Plus HST Varies Per animal, per day Nursing mom and litter (kittens or pups <4 weeks) 35-100 Plus HST Varies Per animal, per day Small Animals 30 3.90 33.90 Per animal, per day Medical Care Veterinary intervention As billed Total bill per animal Daily medication administration 15 1.95 16.95 Per animal Grooming (if necessary) As billed Total bill per animal Other Services Cold Storage 25-40 Plus HST Varies Billed by month based on size 3.36 The Agency to whom the service is provided shall be responsible for all additional incidental fees, including veterinary fees, medications, grooming, any special dietary requirements, and any other unforeseen fees that may arise. 3.37 Unless a situation is an emergency, consent will be sought from the responsible Agency for any additional care. Page 58 Municipality of Clarington Page 10 Report FSD-021-24 3.38 It is recommended that Clarington adopt new “Other Agency Boarding” fees and add to the Legislative Services fee schedule. 3.39 Staff will develop SOPs regarding temporary boarding services for outside agencies. These additional SOPs and user fees will be included in future amendments to the Responsible Pet Owner’s By-law (2013-024). 3.40 Staff will set out criteria for the SOP for numbers permitting intake, intake procedures, responsibilities of each agency, and hold time/outcomes. Procedures for emergencies and medical care will also be documented. Necessary documents will be drawn up and executed by staff for these boarding services. 4. Legislative Services – Clerk’s Division Marriage License 4.1 The Province of Ontario Form 8 is used to reduce the marriage license fee when both parties to a marriage have, or are entitled to have, registered Indian status under the Indian Act and also reside in Ontario on a reserve or Crown lands. 4.2 The Province of Ontario waives their portion of the marriage license fee when Form 8 “Affidavit to Waive Provincial Fee for a Marriage License” is used. Staff support waiving the Municipality’s fee when Form 8 is used as well, to be consistent with the Province’s process. 4.3 The current fee for a marriage license is $140, with $75 be the portion that the Province waives. Clerk’s Division staff recommend that the remainder (i.e. the Municipal portion) be waived. 4.4 This situation has not occurred in the past and is not anticipated to occur frequently but inquires have been made and it speaks to the goals of the Strategic Plan. Civil Marriage Ceremony Witnesses 4.5 Since Clarington started providing the civil marriage ceremony service, Clarington has provided, free of charge, witnesses (aka Clarington Staff) for couples who are unable to provide their own witnesses. This often happens when the couple is having a larger celebration later and does not want to make it known that they are getting married at a civil ceremony. Another reason occurs when the couple is getting married at a civil ceremony during the day, and all of their friends (aka possible witnesses) are at work. 4.6 This does not happen frequently (perhaps six times per year), but it does take Staff away from their duties. Page 59 Municipality of Clarington Page 11 Report FSD-021-24 4.7 The following summarizes what other comparator municipalities charge for witnesses (sorted by fee): Municipality with link to Webpage Witnesses Provided? If yes, Fee? Notes Clarington Yes Free Ajax Yes Free Prince Edward County Yes Free Cornwall Yes $20 per witness Cash only Cobourg Yes $25 Not clear on whether this is per witness Kingston Yes $25 per witness Welland Yes $25 Not clear on whether this is per witness Niagara Falls Yes $25 per witness (plus HST) Hamilton Yes $31.85 per witness (HST included) Waterloo Yes $30 per witness Uxbridge Yes $35 per witness (plus HST) Brock Yes $50 per witness (HST included) Oshawa No Whitby No Pickering No Caledon N/A Does not provide civil ceremonies Belleville N/A Does not provide civil ceremonies Page 60 Municipality of Clarington Page 12 Report FSD-021-24 Municipality with link to Webpage Witnesses Provided? If yes, Fee? Notes Innisfil N/A Does not provide civil ceremonies Milton N/A Does not provide civil ceremonies Scugog N/A Does not provide civil ceremonies 4.8 Clerk’s Division staff recommend adding a new fee line that indicates “$25 + HST per witness, provided by Clarington, for civil marriages.” Commissioner of Oaths Fee – Subsequent Documents 4.9 Clarington has an existing fee for Commissioner of Oaths ($26+HST=$29.38 currently) but has never established how many documents that might include nor the fee for subsequent documents. Commissioner of Oaths Services is provided by both the Clerk’s Division and the Planning & Infrastructure Department (for planning documents only). 4.10 The following summarizes Durham Area municipalities’ fees for Commissioner of Oaths, sorted by “First Commissioning Fee”: Municipality First Commissioning Fee (non- resident where applicable) First Commissioning #Documents Subsequent Commissioning URL & Notes Uxbridge $25 5 $5 Uxbridge Oshawa $25 + HST = $28.25 3 $5 + HST = $5.65 Oshawa Clarington (Currently) $26 + HST = $29.38 N/A N/A Clarington Pickering $26.50 5 $5 Pickering Page 61 Municipality of Clarington Page 13 Report FSD-021-24 Municipality First Commissioning Fee (non- resident where applicable) First Commissioning #Documents Subsequent Commissioning URL & Notes Brock $27 5 $5 Brock Brock Resident initial fee is $21. Hardly any non- residents. Over 65 are free, except for MTO vehicle transfers. Scugog $27 +HST = $30.51 5 $7 + HST = $7.91 Scugog Ajax $28.41 + HST = $32.10 5 $23.72+HST Ajax Ajax Resident initial fee is $23.72 + HST Whitby $30 + HST = $33.90 4 Full fee amount again Whitby Whitby Resident initial fee is $17.50+HST. Vast majority are Whitby residents. Increase in resident fee to $20 + HST to take effect April 1st. NOTE: The above is exclusive of Change of Name Forms and Pension (aka Life Certificates). Page 62 Municipality of Clarington Page 14 Report FSD-021-24 4.11 Clerk’s Division Staff are recommending the following additions to the User Fee By-law, within the General Schedule: a. Add text to indicate that “the initial fee covers up to three documents for commissioning in a single visit.” b. Add a new fee line that indicates “$5 for each subsequent document for commissioning in a single visit.” Printing Services 4.12 Council approved Report LGS-007-27, which included a recommendation for harmonization of printing fees with the Clarington Library Museum and Archives (CLMA). Accordingly, the following fees are included in the attached by-law: Service Fee Unit Letter (8 ½” x 11”) $0.15 0.35 Per side black and white Per side colour Legal (8 ½” x 14”) 0.15 0.35 Per side black and white Per side colour Ledger/Tabloid (11” x 17”) 0.20 1 Per side black and white Per side colour 5. Legislative Services – Municipal Law Enforcement Fees for Routine Disclosure of Information 5.1 Two new fees are being added resulting from a recent modernization of processes and the creation of a Routine Disclosure Management Directive. The fees reflect the time and resources required to meet routine disclosure requests. These requests are not a public benefit but rather a benefit to identifiable parties, and therefore, a service fee is reasonable. 5.2 A fee of $50 per investigation for investigation details will be charged for investigations occurring in 2023 or onwards. In 2023, the Municipality completed its adoption of AMANDA and all MLE investigations are now kept in this system. Page 63 Municipality of Clarington Page 15 Report FSD-021-24 5.3 A fee of $100 per investigation for investigation details will be charged for investigations occurring prior to 2023. This added cost reflects the additional time and effort required to access the records for MLE investigations not maintained in the AMANDA system. 6. Finance and Technology - Taxation 6.1 There are several changes being recommended to provide clarity and or eliminate redundancy: Proposed Change Rationale Remove in its entirety – “Refund of incorrect payment by lawyers, mortgage companies” This fee is duplicated. A refund would be included in “Process a Refund”. There is no change to fee. Remove in its entirety – “Electronic payment correction (first correction at no charge for resident only)” In many cases, this fee contradicts the “Transfer between accounts” fee which is $40 Remove in its entirety – “Reprint tax bills, PASP letter…” and replace with “Reprint of any previously issued tax correspondence.” Covers all possible current and future letters. Add under “Dishonoured payments (pre-authorized payments/cheques) - $5 for each additional roll This captures the staff time required to correct returned payments that impact multiple roll numbers. Add under “Process a refund/transfer between accounts” - $5 for each additional roll This captures the staff time required to correct returned payments that impact multiple roll numbers. 6.2 The addition of the per roll fee is recommended because commercial taxpayers or developers pay multiple tax bills with one single payment. Each transfer or dishonoured payment has to be individually adjusted and reviewed; the current fee treats does not differentiate between payments to one or one hundred different properties and, therefore, is not equitably treating the different situations. Page 64 Municipality of Clarington Page 16 Report FSD-021-24 7. Planning and Infrastructure – Planning 7.1 As a result of changes to routine disclosures, a fee of $200 per property is recommended to be added for each request for an Environmental Review Letter. These letters are similar to Land Use Information and Compliance Letters which already have a fee associated for the service. 8. Planning and Infrastructure - Infrastructure 8.1 It is proposed that, in accordance with the new Site Alteration By-law, changes to the fees be made to reflect the changes as adopted: Service Fee HST Total Unit Minor Fill Operation Permit $250 $250 Per permit Minor Fill Operation Permit Renewal 125 Per permit Small Fill Operation Permit 1,000 1,000 Per permit 2 2 Per cubic metre of fill Small Fill Operation Permit Renewal 500 Per permit 2 2 Per cubic metre of fill Large Fill Operation Permit 2,000 2,000 Per permit 2 2 Per cubic metre of fill Large Fill Operation Permit Renewal 1,000 1,000 Per permit 2 2 Per cubic metre of Fill 9. Planning and Infrastructure – Building Inspections 9.1 Staff have proposed the addition of a Pool Enclosure Permit fee of $75 per application to the fee schedule. Please note, this is not a new fee, but was not previously captured on the schedule. Page 65 Municipality of Clarington Page 17 Report FSD-021-24 10. Planning and Infrastructure – Development Engineering 10.1 Staff have proposed the following additions to the Planning and Infrastructure user fee schedule. Please note, these are not new fees, but were not previously captured on the schedule: Development Engineering Fees Fee HST Total Unit ROW Closure and Conveyance Application Fee $250 $32.50 $282.50 Per application ROW Closure and Conveyance Processing Fee 750 97.50 847.50 Per closure and conveyance processed Winter Maintenance Fee 5,600 Per km of road in the development Streetlighting Fee 125 Per light in subdivision Engineering Review Fee 1.25% of the Final Works Cost Estimate or $2,000, whichever is greater. Engineering Inspection Fee Estimated Cost of Services: Less than $500,000 $8,000 or 3.5% of the Estimated Cost of Services, whichever is greater. Page 66 Municipality of Clarington Page 18 Report FSD-021-24 Development Engineering Fees Fee HST Total Unit $500,000-$1,000,000 $17,500 or 3.0% of the Estimated Cost of Services, whichever is greater. $1,000,000-$2,000,000 $30,000 or 2.5% of the Estimated Cost of Services, whichever is greater. $2,000,000-$3,000,000 $50,000 or 2.25% of the Estimated Cost of Services, whichever is greater. $3,000,000 or greater $67,500 or 2.0% of the Estimated Cost of Services, whichever is greater. 11. Public Services – Public Works 11.1 It is being recommended that the Access Permit Urban, Curb Reinstatement, and Sidewalk Remove and Replace fees be changed to match the wording for the installation of culverts to read “Actual costs of required resources”. Page 67 Municipality of Clarington Page 19 Report FSD-021-24 11.2 Staff have proposed the addition of a Commemorative Tree Plaque fee to the Commemorative Tree and Bench Program: Commemorative Tree and Bench Program Fee HST Total Unit Commemorative Tree $900 $117 $1,017 Per tree Commemorative Bench 2,750 357.50 3,107.50 Per bench Commemorative Tree Plaque 477.88 62.12 540 Per plaque 11.3 Staff have also proposed the addition of Incident Response fees pertaining to municipal roadway and right of way clean up, infrastructure damage incidents and any additional incurred expenses. Fees to be determined by the current MTO rate plus actual cost of required resources. 12. Public Services – Community Services 12.1 Staff recommend the addition of new fees to better reflect available rental facilities in our community: 12.2 Staff recommend the inclusion of a Youth equivalent general drop-in fee to support program expansion. This fee is in-line with other comparable rates for drop-in programming for youth: Recreation Fee HST Total Unit General Drop-In Youth 1.92 1.92 Per visit 12.3 Inclusion of wording ‘locker rentals per term’ in the per transaction Administrative Fee description. Currently, the Administrative Fee applies to cancellations of activities, memberships, and permit requests. Facilities Fee HST Total Unit Category F $25 $25 Per hour Indoor Turf Half Field Discount 50 50 Per hour Event – Additional Amenities  Community Group / Not-For- Profit 0 0 Per event Page 68 Municipality of Clarington Page 20 Report FSD-021-24 12.4 With the addition of new multi-use outdoor skating and civic square facilities anticipated to open between 2024 to 2026, the Facility category of Parking Lots is updated to include reference to Civic Squares. This provides staff an appropriate fee for these new facilities that is in-line with current vendor markets and similar community events that currently take place in our parking lots. 12.5 Staff wish to make clarification to items in FSD-029-23 where staff have continued to honour previous rates and fees: a. The non-resident surcharge was listed as applicable for activity registrations only. The non-resident surcharge also applies to memberships and facility rentals; b. The age-based discount for seniors aged 55 years and older was excluded. This discount of 50% remains in effect; c. The student membership discount was incorrectly stated at 20%. The correct discount is 25%. 12.6 For clarification, the standard multi-fee discount of 10% off pay-as-you-go admissions instated in FSD-029-23 is only applicable on drop-in programming and not on ticketed or registered programs (i.e. luncheons and special events). 13. Public Services – Emergency and Fire Services 13.1 No proposed user fee updates. 14. Financial Considerations 14.1 The Financial considerations have been identified in the above rationale; departments will update user fee revenue as part of the 2025-2027 Budget Update. 15. Strategic Plan 15.1 Not applicable 16. Concurrence This report has been reviewed by the Planning and Infrastructure Services, Public Services and Legislative Services Deputy CAO’s who concur with the recommendations. Page 69 Municipality of Clarington Page 21 Report FSD-021-24 17. Conclusion It is respectfully recommended that Council approve the attached draft User Fee By- law, and repeal By-law 2023-044. Staff Contact: Trevor Pinn, Deputy CAO/Treasurer, CPA, CA, 905-623-3379 x2602 or tpinn@clarington.net. Attachments: Attachment 1 – Draft User Fee By-law Interested Parties: The following interested parties will be notified of Council's decision:  Clarington’s Staff Truth & Reconciliation Committee, c/o Pinder DaSilva, IDEA Officer  Pranay Gunti, Founder and President, Cultural Association of Clarington Page 70 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2024-xxx Being a by-law to require the payment of fees for services. Whereas Subsection 69(1) of the Planning Act, R.S.O. 1990, c.P.12, as amended, provides that by-laws may be passed by the council of a municipality to establish a tariff of fees for the processing of applications made in respect of planning matters; And whereas Subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to impose fees or charges for services or activities provided or done by or on behalf of it; And whereas Council passed a resolution arising out of Report FSD-021-24 recommending that the User Fee By-law 2023-044 be repealed and replaced; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That, commencing July 1, 2024, the fees for services provided by the Municipality shall be set out in the following Schedules to this By-law: a. Schedule “A” – General Fees b. Schedule “B” – Legislative Services Fees c. Schedule “C” – Financial Services Fees d. Schedule “D” – Emergency and Fire Services Fees e. Schedule “E” – Planning and Infrastructure Services Fees f. Schedule “F” – Community Services g. Schedule “G” – Public Works Fees h. Schedule “H” – Cemetery Services Fees 2. That the Deputy CAO/Treasurer is authorized to adjust the above schedules, without amendment to this By-law, effective annually on January 1 of each year, beginning July 1, 2024, by an amount not exceeding the July over July, Ontario All-Items Consumer Price Index (CPI) or $5, whichever is higher. Page 71 Attachment 1 to FSD-021-24 3. Notwithstanding Section 1, the Deputy CAO/Treasurer, or designate, is authorized to waive service fees for customer service, community events, or internal purposes. 4. That the Deputy CAO/Treasurer, or designate, be authorized to approve interim service fees to be ratified by Council within 12 months of approval. 5. That By-law 2023-044, and any amendments thereto, be repealed. 6. That this by-law shall be effective on July 1, 2024. Passed in Open Council this _____ day of May, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Page 72 Attachment 1 to FSD-021-24 By-law 2024-xxx Schedule “A” General Fees Fee Schedule Effective July 1, 2024 Service Fee HST Total Unit Photocopies $0.67 $0.09 $0.76 Per page 3.10 0.40 3.50 Minimum Printing – Letter (8 ½" x 11”) 0.13 0.02 0.15 Per side black and white 0.31 0.04 0.35 Per side colour Printing – Legal (8 ½” x 14”) 0.13 0.02 0.15 Per side black and white 0.31 0.04 0.35 Per side colour Printing – Ledger/Tabloid (11” x 17”) 0.18 0.02 0.20 Per side black and white 0.89 0.11 1 Per side colour Commissioner of Oaths 26 3.38 29.38 Covers up to three documents for commissioning in a single visit 5 0.65 5.65 For each subsequent document for commissioning in a single visit Commissioner of Oaths(for Ontario “Change of Name” forms currently referred to as Form 11155E and Form 1156E) 0 Not applicable Page 73 Attachment 1 to FSD-021-24 By-law 2024-xxx Schedule “B” Legislative Services Fees Fee Schedule Effective July 1, 2024 Service Fee HST Total Unit Burial Permit $26 $26 Civil Marriage Ceremony 280 36.40 316.40 Marriage Licenses 140 140 Civil Marriage Ceremony Witness – Provided by Clarington 25 3.25 28.25 Per witness Cost to File Appeal of Property Standards Order (50% to be refunded to Appellant following appearance before Appeal Committee. Failure to appear for the Appeal will result in forfeiture of entire fee amount) 88.50 11.50 100 Municipal Law Enforcement Investigation 44.25 5.75 50 Per investigation, 2023 onwards 88.50 11.50 100 Per investigation, 2022 and prior Page 74 Attachment 1 to FSD-021-24 The following table is a summary of regulatory fees set by the Municipality and rules outlining the license, applicability and eligibility should be referred to the appropriate regulatory by-law: Snow Clearing By-law (93-144) Fee HST Total Unit Removal of Snow Actual cost Administrative Charge $50 $50 Per removal Body Rub Parlour By-law (2003-127) Fee HST Total Unit Application Owner’s Licence $1,061.95 $138.05 $1,200 Operator’s Licence 176.99 23.01 200 Attendant’s Licence 132.74 17.26 150 Licence Owner’s Licence 176.99 23.01 200 Operator’s Licence 88.50 11.50 100 Attendant’s Licence 44.25 5.75 50 Licence Renewal Owner’s Licence 353.98 46.02 400 Operator’s Licence 247.17 2.83 250 Attendant’s Licence 88.50 11.50 100 Peddler’s License By-law (2005- 206) Fee HST Total Unit Stationary $265.49 $34.51 $300 Per year Mobile 265.49 34.51 300 Per year Assistant 88.50 11.50 100 Per year Page 75 Attachment 1 to FSD-021-24 Auctioneers License By-law (2006-116) Fee HST Total Unit Auctioneer Annual $66.37 $8.63 $75 Per licence Auctioneer Single Event 35.40 4.60 40 Per licence Adult Entertainment By-law (2007-063) Fee HST Total Unit Owner Licence $2,654.87 $345.13 $3,000 Per licence Operator Licence 884.96 115.04 1,000 Per licence Attendant Licence 221.24 28.76 250 Per licence Fill By-law (2008-114) Fee HST Total Unit Minor Fill Operation Permit $250 $250 Per permit Minor Fill Operation Permit Renewal 125 Per permit Small Fill Operation Permit 1,000 1,000 Per permit 2 2 Per cubic metre of fill Small Fill Operation Permit Renewal 500 Per permit 2 2 Per cubic metre of FIll Large Fill Operation Permit 2,000 2,000 Per permit 2 2 Per cubic metre of fill Large Fill Operation Permit Renewal 1,000 1,000 Per permit 2 2 Per cubic metre of Fill Page 76 Attachment 1 to FSD-021-24 Exotic Animal By-law (2012-045) Fee HST Total Unit Permit Application $44.25 $5.75 $50 Impound 44.25 5.75 50 Daily Care 13.27 1.73 15 Per day Third-party Daily Care Actual cost Note Note: Where a Prohibited Animal is impounded and a third-party is contracted to care for the Animal, the third-party care fee shall be charged for every day or part of a day the Animal is cared for by the third-party. Responsible Pet Owners By-law (2013-024) Adoptions Fee HST Total Unit Adoption – dogs (all dogs are microchipped and sterilized prior to adoption) $353.98 $46.02 $400 Adoption – puppies (<6 months) *$100 voucher rebate with proof of sterilization 442.48 57.52 500 Adoption – cats (all cats are microchipped and sterilized prior to adoption) 132.74 17.26 150 Adoption – kittens (<6 months) *$75 voucher rebate with proof of sterilization 132.74 17.26 150 Responsible Pet Owners By-law (2013-024) Licenses Fee HST Total Unit Dog or cat – microchipped & spayed or neutered $15 $15 Dog or cat – spayed or neutered no microchip 25 25 Page 77 Attachment 1 to FSD-021-24 Responsible Pet Owners By-law (2013-024) Licenses Fee HST Total Unit Dog – unaltered 40 40 Cat – unaltered 40 40 Dog or cat – Agricultural rate (Note 1) 100 100 Annual Note 1: Rate is offered where there are more than three dogs or three cats and where owner provides proof current rabies vaccination for each, and proof of zoning. Responsible Pet Owners By-law (2013-024) Impounding Wearing License or Microchip Fee HST Total Unit First occurrence Free Picked up within 24 hours $46.02 $5.98 $52 Otherwise Second or subsequent occurrence 68.58 8.92 77.50 Daily care fee (Note 2) 14.16 1.84 16 Per day Note 2: Every dog impounded is subject to an additional charge for every day or part of a day after the day the pet is brought into impoundment. Responsible Pet Owners By-law (2013-024) Impounding Not Wearing License or Not Microchipped Fee HST Total Unit First occurrence $46.02 $5.98 $52 Second or subsequent occurrence 68.58 8.92 77.50 Daily care fee (Note 2) 14.46 1.84 16 Per day Page 78 Attachment 1 to FSD-021-24 Responsible Pet Owners By-law (2013-024) Impounding Not Wearing License or Not Microchipped Fee HST Total Unit Not licensed (Note 3) See license schedule Note 2: Every dog impounded is subject to an additional charge for every day or part of a day after the day the pet is brought into impoundment. Note 3: In addition to the fees detailed above, every Owner of a dog not licensed for the current year who is a resident of the Municipality is also required to pay the licence fee in addition to the impoundment fees. Responsible Pet Owners By-law (2013-024) Surrenders Fee HST Total Unit Transfer of ownership of a cat or dog or litter, brought into the Animal Shelter $53.10 $6.90 $60 Transfer of ownership of a cat or dog, picked up by the Animal Services Officers, during normal working hours (excluding Sunday and Holidays) 61.95 8.05 70 Transfer of ownership of a cat or dog, picked up by the Animal Services Officer, outside of regular business hours. 84.07 10.93 95 Responsible Pet Owners By-law (2013-024) Trap Rental Fees Fee HST Total Unit Deposit – Fully refundable upon return of trap $45 $45 Page 79 Attachment 1 to FSD-021-24 Responsible Pet Owners By-law (2013-024) Trap Rental Fees Fee HST Total Unit Daily rental 4.42 0.58 5 Per day Responsible Pet Owners By-law (2013-024) Permit to Keep More Dogs than Prescribed Limit Fee HST Total Unit Initial Application Fee $70.80 $9.20 $80 Annual Renewal 44.25 5.75 50 Responsible Pet Owners By-law (2013-024) Other Agency Boarding Fee HST Total Unit Intake exam – first day board $60 $7.80 $67.80 First day Daily Boarding Fee (includes food, cage space, care, daily monitoring, etc.) Dog 30 3.90 33.90 Per animal, per day Cat 25 3.25 28.25 Per animal, per day Aggressive, dangerous, quarantine or medical isolation animals 75-100 Plus HST Varies Per animal, per day Nursing mom and litter (kittens or pups <4 weeks) 35-100 Plus HST Varies Per litter, per day Small Animals 30 3.90 33.90 Per animal, per day Medical Care Veterinary intervention As billed Total bill per animal Page 80 Attachment 1 to FSD-021-24 Responsible Pet Owners By-law (2013-024) Other Agency Boarding Fee HST Total Unit Daily medication administration 15 1.95 16.95 Per animal Grooming (if necessary) As billed Total bill per animal Other Services Cold Storage 25-40 Plus HST Varies Billed by month based on size Kennel By-law (2013-025) Fee HST Total Unit Initial Application Fee $176.99 $23.01 $200 Annual Renewal 132.74 17.26 150 Special Events on Private- Property By-law (2014-020) Fee HST Total Unit Application Review Fee $442.48 $57.52 $500 Traffic and Parking By-law (2014-059) Fee HST Total Unit Parking Meter Zones on Highways (per schedule 5 of By-law) $0.88 $0.11 $1 Per hour 4.42 0.58 5 Maximum Municipal Parking Permit Until 8:00am the next day $0 $0 Page 81 Attachment 1 to FSD-021-24 Traffic and Parking By-law (2014-059) Fee HST Total Unit 7 days 10 1.30 11.30 14 days 20 2.60 22.60 21 days 30 3.90 33.90 28 days 35 4.55 39.55 56 days 70 9.10 79.10 84 days 105 13.65 118.65 Refreshment Vehicle By- law (2015-016) Fee HST Total Unit Stationary Refreshment Vehicle Annual Licence $181.42 $23.58 $205 First Vehicle 92.92 12.08 105 Per additional vehicle Licensed Stationary Refreshment Vehicle Temporary Relocation Fee 0 Up to 10 times per licensing period 48.67 6.33 55 Each additional time per licensing period Mobile Refreshment Vehicle Annual Licence 181.42 23.58 205 First vehicle 92.92 12.08 105 Per additional vehicle Mobile Refreshment Vehicle Temporary Relocation Fee 0 0 Refreshment Cart Annual Licence 181.42 23.58 205 Unlimited number of carts Page 82 Attachment 1 to FSD-021-24 Refreshment Vehicle By- law (2015-016) Fee HST Total Unit Participation in a Special Event Currently licensed in Clarington 0 0 Per vehicle Currently licensed in Durham 26.55 3.45 30 Per vehicle Currently licensed in another jurisdiction in Ontario 48.67 6.33 55 Per vehicle If not Currently licensed in any jurisdiction 181.42 23.58 205 First Vehicle 92.92 12.08 105 Each additional vehicle Fireworks By-law (2015-047) Fee HST Total Per Unit Class A (Permit to Discharge Consumer Fireworks) (Note 1) $44.25 $5.75 $50 Class B (Permit to Discharge Display Fireworks or Special Effect Pyrotechnics 66.37 8.63 75 Class C (Permit to Sell from a Mobile Sales Location) 88.50 11.50 100 Class D (Permit to Sell from a Temporary Sales Location) 44.25 5.75 50 Fire Inspection Fee for all Permits other than a Class Permit. 66.37 8.63 75 Note 1: The fee for a Class A Permit is waived for cultural or religious holidays. Vehicle-For-Hire By-law (2019-069) Fee HST Total Unit Taxicab/Limousine Broker Licence $1,327.43 $172.57 $1,500 TNV Broker Licence 22,123.89 2,876.11 25,000 Replacement Plate 8.85 1.15 10 Page 83 Attachment 1 to FSD-021-24 Vehicle-For-Hire By-law (2019-069) Fee HST Total Unit Broker Information Update (during term of licence) 22.12 2.88 25 Page 84 Attachment 1 to FSD-021-24 By-law 2024-xxx Schedule “C” Financial Services Fees Fee Schedule Effective July 1, 2024 Taxation Services Fee HST Total Unit Tax Certificate $70 $70 Per roll Tax Certificate – Rush 80 80 Per roll Tax Receipts/Letters 10 10 Per notice Reprint of any previously issued tax correspondence 10 10 Per notice New tax account set-up fee 50 50 Per roll Research/archival fee (one hour minimum) 30 30 Per hour Post dated cheque removal fee or date change 25 25 Per roll Mortgage company information 15 15 Per roll Addition to tax roll (e.g., Region of Durham water/sewer lien, POA arrears, development charges etc.) 40 40 Per roll Dishonoured payments (pre- authorized payments/ cheques) 35 35 Per transaction 5 5 Each additional roll Ownership change 35 35 Per roll Statement of Account 10 10 Per roll Arrears notice 5 5 Per roll Legal Fees/Title Searches 100 100 Per roll Farm Debt Notice Fee 40 40 Per notice Process a refund/transfer between accounts 40 40 Per transaction 5 5 Each additional roll Page 85 Attachment 1 to FSD-021-24 Taxation Services Fee HST Total Unit Tax sale registration recovery service fee Recovery of actual cost Page 86 Attachment 1 to FSD-021-24 By-law 2024-xxx Schedule “D” Emergency and Fire Fees Fee Schedule Effective July 1, 2024 Information / Document Fee HST Total Unit Copy of Emergency Response Report, Fire Loss Report – Within past two (2) years $150 $19.50 $169.50 Copy of Emergency Response Report, Fire Loss Report – Over past two (2) years (Archival) 225 29.25 254.25 File Search for buildings up to four (4) units. 150 19.50 169.50 Up to first four (4) units 25 Per additional unit Permits Fee HST Total Unit Schedule “A” Open Air Fire Permit – Residential (12 months) $81 $81 Schedule “A” Open Air Fire Permit – Residential (30 day) 40.50 40.50 Schedule “B” Agreement for Controlled Burn Permit – farm No Charge Fireworks – Class B (permit to Discharge Display Fireworks or Special Effect Pyrotechnics) 225 225 Fireworks – Class C (permit to Sell from a Mobile Sales Location) 100 100 Fireworks – Class D (permit to Sell from a Temporary Sales Location) 50 50 Open Aire Fire/Explosion Permit – Special Effects/Movie/Theatrical/Music 225 225 Page 87 Attachment 1 to FSD-021-24 Request Fee HST Total Unit Inspection of all buildings and occupancy $225 $29.25 $254.25 Up to 600m2 225 29.25 254.25 Each additional 600m2 or part thereof Propane Plan review Existing plan up to 5,000 USWG 300 39 339 Existing Plan, greater than 5,000 USWG 450 58.50 508.50 New/Modified Plan, up to 5,000 USWG 750 97.50 847.50 New/Modified plan greater than 5,000 USWG 2,250 292.50 2,542.50 Retention of third-party engineering or other firm Actual cost Single Family Residential Inspection No charge Refreshment Vehicle Inspection 75 9.75 84.75 Public Education and Training Fee HST Total Unit Fire Safety Presentations and Lectures No charge Fire Drill No charge Fire Extinguisher Training No charge Extinguishers to be provided by requestor Page 88 Attachment 1 to FSD-021-24 Emergency Services Fee HST Total Unit Standby requests Current MTO Rate Per vehicle for the first hour or part thereof Motor Vehicle Collisions on 400 Series Highways, Highway 35/115, Highway 35, Highway 115 Current MTO Rate Per vehicle for the first hour or part thereof Motor Vehicle Collisions on Municipal Roadways (both Municipal and Regional Roads) – Non-Clarington Resident at fault Current MTO Rate plus Authorized Requestor Information Service fee Per vehicle for the first hour or part thereof, and for each additional one-half hour or part thereof Response to a natural gas incident Current MTO Rate plus any costs incurred to clean up or mitigate the hazard Per vehicle for the first hour, and every one- half hour thereafter Response to a dangerous goods, or hazardous materials incident Current MTO Rate plus any costs incurred to clean up or mitigate the hazard Per vehicle for the first hour, and for every on-half hour or part thereof thereafter Additional expenses to retain a private contractor or rent equipment on fire apparatus in order to suppress a fire, preserve property, prevent fire spread, remove materials Cost recovery at actual costs Page 89 Attachment 1 to FSD-021-24 Emergency Services Fee HST Total Unit creating a hazard, secure a property for investigation, determine fire cause, conduct a fire watch, or otherwise eliminate an emergency or hazard Preventable Fires and Alarm Services Fee Unit Response to unapproved open- air burning (after one warning per 12-month period) Current MTO Rate Per vehicle, minimum one (1) hour, and every one-half hour thereafter Responses to fires on or beside rail lines caused by railway company Cost recovery at actual costs Response to malicious and nuisance alarms (following two occurrences in a 12-month period) Current MTO Rate Per vehicle, minimum one (1) hour, and every one-half hour thereafter Page 90 Attachment 1 to FSD-021-24 By-law 2024-xxx Schedule “E” Planning and Infrastructure Services Fees Fee Schedule Effective July 1, 2024 Official Plan Amendment (Note 7) Fee HST Total Unit Minor Application $17,960 $17,960 Major Application (Note 1) 26,320 26,320 Aggregate Pit or Quarry 39,740 39,740 Regional Official Plan Amendment Review 3,240 3,240 Neighbourhood Design Plan Amendment 5,990 5,990 Zoning By-law Amendment (Note 7) Fee HST Total Unit Minor $9,030 $9,030 Major (Note 3) 13,530 13,530 Removal of “(H)” Holding Symbol 3,120 3,120 Extension of a temporary use 2,650 2,650 Combined Official Plan and Zoning By-law Amendments (Note 11) Fee HST Total Unit Minor $24,730 $24,730 Major 33,080 33,080 Draft Plan of Subdivision (Note 7) Fee HST Total Unit Residential $19,160 $19,160 Base amount 305 305 Per unit Page 91 Attachment 1 to FSD-021-24 Draft Plan of Subdivision (Note 7) Fee HST Total Unit 510 510 Per block Non-Residential 7,930 7,930 Preparation of Subdivision Agreement (Note 5) 4,790 622.70 5,412.70 Preparation of Subdivision Agreement Amendment (Note 5) 1,200 156 1,356 Recirculation Fee 50% of the base fee Red Line Revisions to Draft Approval Plan of Subdivision (Note 7) Fee HST Total Unit All revisions $10,580 $10,580 Base amount 305 305 Per unit 510 510 Per block Major Revisions to Subdivision Applications Not Draft Approved (Note 7) Fee HST Total Unit Where original application was filed prior to July 1, 2000 $16,740 $16,740 Base amount 305 305 Per unit 510 510 Per block 8,390 8,390 Base amount Page 92 Attachment 1 to FSD-021-24 Major Revisions to Subdivision Applications Not Draft Approved (Note 7) Fee HST Total Unit Where original application was filed between July 1, 2000 and December 31, 2006 305 305 Per unit 510 510 Per block Where original application was filed after December 31, 2006 8,390 8,390 Subdivision Clearance 3,050 3,050 Extension of Draft Plan Approval 3,050 3,050 Draft Plan of Condominium (Note 7) Fee HST Total Unit Residential and Non-residential $8,730 $8,730 Application for Condominium Conversions 10,580 10,580 Preparation of Condominium Agreement (Note 5) 4,380 569.40 4,949.40 Preparation of Condominium Agreement Amendment (Note 5 890 115.70 1,005.70 Condominium Clearance 2,410 2,410 Part Lot Control (Note 7) 1,200 1,200 Base amount 60 60 Per unit Site Plan Approval / Amendment (Note 7) Fee HST Total Unit Telecommunications Towers $9,580 $9,580 Residential Use 7,200 7,200 Base Page 93 Attachment 1 to FSD-021-24 Site Plan Approval / Amendment (Note 7) Fee HST Total Unit 230 230 Per unit for first 100 units 150 150 Per unit after first 100 units Commercial Use 5,990 5,990 Base 2 2 Per m2 commercial gross floor area Mixed Use Building (note 12) 5,400 5,400 Base 0.70 0.70 Per m2 commercial gross floor area 60 60 Per residential unit (max $20,000) Industrial / Other Uses 3,610 3,610 Base 0.50 0.50 Per m2 gross floor area (max $10,000) Amendment – Residential Use 1,200 1,200 Base 50 50 Per unit (maximum $6,000) Page 94 Attachment 1 to FSD-021-24 Site Plan Approval / Amendment (Note 7) Fee HST Total Unit Amendment – Commercial Use 2,170 2,170 Base 2 2 Per m2 commercial gross floor area (maximum $16,000) Amendment – Mixed Use (note 12) 2,550 2,550 Base 0.70 0.70 Per m2 commercial gross floor area 60 60 Per residential unit (maximum $16,000) Amendment – Industrial / Other Use 980 980 Base 0.50 0.50 Per m2 gross floor area (maximum $6,400) Minor Site Plan / Oak Ridges Moraine (note 2) 780 780 Sales Trailer / Model Home 2,410 2,410 Preparation of Section 41 Agreement (note 5) 730 94.90 824.90 Preparation of Section 41 Agreement Amendment (note 5) 730 94.90 824.90 Page 95 Attachment 1 to FSD-021-24 Site Plan Approval / Amendment (Note 7) Fee HST Total Unit Landscape Inspection Fee For projects with greater than 2500 sq.m. of floor area, or 25 units or greater (0.5% of the landscape cost estimate with a minimum of $1,000) Recirculation Fee 50% of the base fee Extension of Site Plan Approval 50% of the original application fee Committee of Adjustment – Minor Variance (Notes 4 and 7) Fee HST Total Unit Accessory Buildings and Structures $690 $690 Residential Minor (single, semi- detached, townhouse or proposed lot) 890 890 Residential Major (all other residential) $1,450 $1,450 Commercial 2,060 2,060 Other non-residential 890 890 Page 96 Attachment 1 to FSD-021-24 Committee of Adjustment – Minor Variance (Notes 4 and 7) Fee HST Total Unit Tabling and Recirculation Fee (applicant initiated) 305 305 Land Division Fee HST Total Unit Application Fee $3,175 $3,175 Pre-Application Meeting 310 310 Tabling of Application 310 310 Re-circulation 750 750 Per additional circulation Additional Committee of Adjustment Hearing 520 520 Per additional Committee of Adjustment Hearing Preparation of Section 53 Agreement 730 94.90 824.90 Sign Permit Fee HST Total Unit Permanent $240 $240 Temporary 130 130 Sign By-law Fee HST Total Unit Variance $840 $840 Amendment 2,100 2,100 Additional Dwelling Unit Fee HST Total Unit Application and Registration $250 $250 Page 97 Attachment 1 to FSD-021-24 Additional Dwelling Unit Fee HST Total Unit Registration for Applications submitted prior to January 1, 2015 120 120 Rental Protection Act 1,550 1,550 Land Use Information and Compliance Letter Fee HST Total Unit Zoning, Building, and all other property information $200 $200 Subdivision and Site Plan (per agreement) 200 200 Environmental Review Letter 200 200 Per property Peer Review Fee HST Total Unit Peer review (Applicant responsible for 100% Municipality's full costs of undertaking a Peer Review) Comments on Applications under the Green Energy Act Fee HST Total Unit microFIT applications (10 kW or less) $200 $200 FIT applications up to 10 MW (solar energy) 560 560 FIT applications up to 10 MW (other than solar) 7,310 7,310 Page 98 Attachment 1 to FSD-021-24 Other Fee HST Total Unit Pre-Consultation Stage 1 – Conceptual Proposal Review $1,030 $1,030 Pre-Consultation Stage 2 – Technical Proposal Review 5,160 5,160 Pre-Consultation - Minor 300 300 Street Name Change Request 1,450 1,450 Base 50 50 Per Municipal Address Activation of a dormant application not requiring a public meeting Greater of 25% of initial application fee or $1,650 Greater of 25% of initial application fee or $1,650 Application Fee HST Total Unit Application Requiring An Open House or Additional Public Meeting $2,110 $2,110 Per meeting Application Requiring Additional Public Meeting 2,410 2,410 First meeting plus fee for each subsequent public meeting where notice is provided through the local newspaper Application Involving Review Under EPA and/or EAA Process (additional fee) 17,370 17,370 Page 99 Attachment 1 to FSD-021-24 Application Fee HST Total Unit Ontario Municipal Board or Land Planning Appeals Tribunal Related Administration Fee (note 8) Preparation of Development / Servicing Agreement (note 5 and note 9) Folding of drawings accompanying a submission (fee per sheet) 5.10 0.66 5.76 Per sheet Notarial Fee by Municipal Solicitor 26 3.38 29.38 Commissioners Fee by Municipal Staff 26 3.38 29.38 Publications Fee HST Total Unit Small maps $5.10 $0.66 5.76 Large maps 15.40 2 17.40 Aerial Photography (colour) 5.10 0.66 5.76 Official Plan Colour Map 5.10 0.66 5.76 Clarington Official Plan 80 10.40 90.40 Clarington Zoning By-law 80 10.40 90.40 Clarington Street Name Index CD Format 20 2.60 22.60 Studies Under 40 pages 13.40 1.74 15.14 40 to 100 pages 30 3.90 33.90 100 to 200 pages 45 5.85 50.85 Page 100 Attachment 1 to FSD-021-24 Publications Fee HST Total Unit Over 200 pages 65 8.45 73.45 CD 15 1.95 16.95 Real Property Transactions Fee Unit Preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee schedule; land transfers (e.g., right-of-ways, encroachments, leases and licensed, easements) the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. Development Engineering Fees Fee HST Total Unit ROW Closure and Conveyance Application Fee $250 $32.50 $282.50 Per application ROW Closure and Conveyance Processing Fee 750 97.50 847.50 Per closure and conveyance processed Winter Maintenance Fee 5,600 Per km of road in the development Streetlighting Fee 125 Per light in subdivision Engineering Review Fee 1.25% of the Final Works Cost Page 101 Attachment 1 to FSD-021-24 Development Engineering Fees Fee HST Total Unit Estimate or $2,000, whichever is greater. Engineering Inspection Fee Estimated Cost of Services: Less than $500,000 $8,000 or 3.5% of the Estimated Cost of Services, whichever is higher $500,000-$1,000,000 $17,500 or 3.0% of the Estimated Cost of Services, whichever is greater. $1,000,000-$2,000,000 $30,000 or 2.5% of the Estimated Cost of Services, whichever is greater. $2,000,000-$3,000,000 $50,000 or 2.25% of the Estimated Cost of Services, whichever is greater. $3,000,000 or greater $67,500 or 2.0% of the Estimated Page 102 Attachment 1 to FSD-021-24 Development Engineering Fees Fee HST Total Unit Cost of Services, whichever is greater. Chief Building Official Service Fee Unit Master Plumbing License $103.20 $103.20 Drain Contractor License 103.20 103.20 Pool Enclosure Permit 75 75 Per application Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application:  New golf courses or expansion to existing golf courses;  New waste facility or expansion to existing waste facility;  Commercial Development greater than 2,500 m2;  Deletion or addition of arterial or collector road; and/or  Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be a major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application:  A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109;  A dog kennel and similarly scaled uses; and/or  A minor alteration to an existing site plan to revise parking, add a patio, add a storage building, revise signage, add or delete portables, etc. Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application:  Associated with an Official Plan Amendment;  Associated with an application for proposed Plan of Subdivision;  Application involving multiple properties, except for commercial and industrial related applications; and/or  Any application that requires the review of technical support documents Page 103 Attachment 1 to FSD-021-24 or studies (e.g., environmental analyses, transportation). Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/link or townhouse dwelling is exempt from the fee. An “accessibility device” is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents (e.g., Transfers, Postponements, or inhibiting orders) in the Land Registry office. The cost of such registrations is as follows:  Initial registration $250 plus HST, plus disbursements.  All subsequent registrations $125 plus HST, plus disbursements. Applicants must provide the Municipality (Legal Services) with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red- line revisions to Draft Approval:  Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications, the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees at a rate of $180/hour and consultant/witness fees where required but excluding the costs of the Planning Department staff. Note 9 For preparation of any development/servicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53 agreement, the applicant is required to reimburse the Municipality for its legal costs. If the legal work is undertaken by the Municipal Solicitor, it will be charged at the rate of $180/hour. If the legal work is undertaken by other legal counsel, it will be charged at the legal counsel’s hourly rate. The minimum fee for any such agreement shall be $475 plus HST. Page 104 Attachment 1 to FSD-021-24 Note 10 This Schedule “A” shall remain in effect from July 1, 2022, until June 30, 2023. In the event that a fees review is not undertaken before that date fees will be increased annually by 3%, commencing on July 1, 2024. Note 11 Where Official Plan and Zoning By-law Amendments are submitted together a reduction of 50% of the Major Zoning By-law Amendment Fee shall apply. Note 12 The fee for a Mixed-Use Building will apply when residential units are proposed and a minimum of 50% of the ground floor of a building is for non-residential purposes. Note 13 Recirculation fees will be required on the 4th resubmission of application materials that require circulation to internal departments and/or external agencies. Note 14 The following are criteria for determining what constitutes a Minor Pre-consultation:  Applications associated with a single detached dwelling; and/or  Applications associated with an agricultural use. Page 105 Attachment 1 to FSD-021-24 By-law 2024-xxx Schedule “F” Community Services Fees Fee Schedule Effective July 1, 2024 Aquatics Fee HST Total Unit Category A $19.99 $19.99 Per hour Category B 14.07 14.07 Per hour Category C 60.83 60.83 Per hour Category D 38.61 38.61 Per hour Bronze Cross 6.83 0.89 7.72 Per hour Bronze Medallion and Emergency First Aid 6.99 0.91 7.90 Per hour Bronze Star 8.88 8.88 Per hour Lifesaving Society Instructor 2.60 0.34 2.94 Per hour National Lifeguard Full Course 5.33 0.69 6.02 Per hour Advanced Leadership Instructor 6.58 0.86 7.44 Per hour National Lifeguard Recertification 8.01 1.04 9.05 Per hour Standard First Aid and CPR C 4.76 0.62 5.38 Per hour Swim Instructor 4.49 0.58 5.07 Per hour Exam Cost Actual Per exam Material Cost Actual Per exam Swim / Skate Adult 4.33 0.56 4.89 Per visit 3 and Under 0 0 Per visit Senior 3.41 0.44 3.85 Per visit Youth 3.41 3.41 Per visit Group 10.78 1.40 12.18 Per visit Page 106 Attachment 1 to FSD-021-24 Aquatics Fee HST Total Unit Membership 214.55 27.89 242.44 Per year Camps Fee HST Total Unit Category A $5.36 $5.36 Per hour Category B 5.69 5.69 Per hour Category C 7.22 7.22 Per hour Category D 7.33 7.33 Per hour Extended Care 3.16 3.16 Per hour Community Development Fee HST Total Unit Admissions and ticketing Set by event Based on services and on a cost recovery basis Facilities Fee HST Total Unit Category A Resident $104.23 $13.55 $117.78 Per hour Parking lot / Civic Square 629.52 81.84 711.36 Per day Category B Resident 90.64 11.78 102.42 Per hour Parking lot / Civic Square 314.76 40.92 355.68 Per day Page 107 Attachment 1 to FSD-021-24 Facilities Fee HST Total Unit Category C Resident 77.40 10.06 87.46 Per hour Parking lot / Civic Square 157.08 20.42 177.50 Per hour Category D Resident 56.76 7.38 64.14 Per hour Parking lot / Civic Square - Community Group 10 1.30 11.30 Per hour Category E Resident 41.54 5.40 46.94 Per hour Category F Resident 25 3.25 28.25 Per hour Starting July 1, 2024 Event Full Hall 1,000 130 1,130 Per day Dry Pad 1,325 172.25 1,497.25 Per day Full Facility with Dry Floor 3,400 442 3,842 Per day Page 108 Attachment 1 to FSD-021-24 Facilities Fee HST Total Unit Full Facility with Ice 5,500 715 6,215 Per day Licensed event 10 1.30 11.30 Per hour Drapery rental Resident 82.56 10.73 93.29 Per event Community Group / Not-For-Profit 0 0 0 Starting July 1, 2024 Kitchen Resident 125.90 16.37 142.27 Per day Community Group / Not-For-Profit 0 0 0 Starting July 1, 2024 Indoor stage set-up Resident 51.60 6.71 58.31 Per event Community Group / Not-For-Profit 0 0 0 Starting July 1, 2024 Dry Floor Resident 94.10 12.23 106.33 Per hour Ice 5 Skater 87.72 11.40 99.12 Per hour Ice Discount 132.61 17.24 149.85 Per hour Ice Non-Prime Resident 181.47 23.59 205.06 Per hour Ice Prime Time Resident 239.54 31.14 270.68 Per hour Lacrosse Bowl Page 109 Attachment 1 to FSD-021-24 Facilities Fee HST Total Unit Resident 27.64 3.59 31.23 Per hour Turf Full Field Discount Resident 75.34 9.79 85.13 Per hour Turf Full Field Non-Prime Resident 168.93 21.96 190.89 Per hour Turf Full Field Prime Time Resident 205.17 26.67 231.84 Per hour Turf Half Field Discount Resident 50 6.50 56.50 Per hour Starting July 1, 2024 Turf Half Field Non-Prime Time Resident 84.47 10.98 95.45 Per hour Turf Half Field Prime Time Resident 103.39 13.44 116.83 Per hour Gymnasium Full Resident 59 7.67 66.67 Per hour Gymnasium Half Resident 42.31 5.50 47.81 Per hour Gymnasium South Courtice Arena Resident 24.77 3.22 27.99 Per hour Page 110 Attachment 1 to FSD-021-24 Facilities Fee HST Total Unit Pool Main Resident 164.92 21.44 186.36 Per hour Pool Additional Staff 25.36 3.30 28.66 Per hour Pool Swim Club / School Board Youth 69.13 8.99 78.12 Per hour Adult 83.44 10.85 94.29 Per hour Squash Club Court Rentals 663.72 86.28 750 Per month Internal Bookings / Community Group 0 0 Per event Fields Fee HST Total Unit Major Field – Lit Adult $57.40 $7.46 $64.86 Per hour Commercial 68.88 8.95 77.83 Per hour Youth 34.04 34.04 Per hour Major Field – Unlit Adult 28.70 3.73 32.43 Per hour Commercial 34.44 4.48 38.92 Per hour Youth 4.99 4.99 Per hour Minor Field Page 111 Attachment 1 to FSD-021-24 Fields Fee HST Total Unit Adult 15.94 2.07 18.01 Per hour Commercial 19.13 2.49 21.62 Per hour Youth 4.04 4.04 Per hour Tournaments Baseball Tournament 217.06 28.22 245.28 Per day Tournament lighting 40.04 5.21 45.25 Per hour Batting Cages 0 0 Per hour Artificial Turf Field – Lit Adult 100 13 113 Per hour Commercial 120 15.60 135.60 15.60 Youth 84.21 84.21 Per hour Artificial Turf Field – Unlit Adult 68.42 8.89 77.31 Per hour Commercial 82.11 10.67 92.78 Per hour Youth 57.90 57.90 Per hour Gazebo 0 0 Per hour Picnic Area 0 0 Per hour Special Event Commercial 77.86 10.12 87.98 Per hour Resident 38.74 5.04 43.78 Per hour Page 112 Attachment 1 to FSD-021-24 Fields Fee HST Total Unit Stage Rental Saturday (minimum 3 hours) 51.73 6.72 58.45 Per hour Sunday / Stat holiday (minimum 3 hours) 70.41 9.15 79.56 Per hour Fitness Fee HST Total Unit Category A $6.46 $0.84 $7.30 Per hour Category B 9.37 1.22 10.59 Per hour Assessment – Body Scan 13.23 1.72 14.95 Per service Assessment – First Steps 71.21 9.26 80.47 Per service Dryland Training (max 30 players) 140.53 18.27 158.80 Per hour High School Visits (max 30 students) 84.90 11.04 95.94 Per hour Workshops 13.25 1.72 14.97 Per hour Personal Training Per Hour 52.05 6.77 58.82 Per hour 5 Hours 49.45 6.43 55.88 Per hour 10 Hours 44.24 5.75 49.99 Per hour Semi-Private 39.17 5.09 44.26 Per hour Semi-Private 5 hours 37.21 4.84 42.05 Per hour Small Groups 15 1.95 16.95 Per hour Fitness Centre 423.12 55.01 478.13 Per year Fitness Centre Plus 595.55 77.42 672.97 Per year Group Fitness 377.40 49.06 426.46 Per year Page 113 Attachment 1 to FSD-021-24 Fitness Fee HST Total Unit Locker Rental 82.56 10.73 93.29 Per year Fitness 10.79 1.40 12.19 Per visit Group Fitness 9.37 1.22 10.59 Per visit Recreation Fee HST Total Unit Category A Adult $4.50 $0.59 $5.09 Per hour Youth 4.30 4.30 Per hour Category B Adult 5.40 0.70 6.10 Per hour Youth 6.81 6.81 Per hour Category C Adult 7.29 0.95 8.24 Per hour Youth 8.27 8.27 Per hour Category D Adult 9.93 1.29 11.22 Per hour Youth 10.72 10.72 Per hour Category E Adult 12.57 1.63 14.20 Per hour Youth 17.50 17.50 Per hour Tournament 3.96 0.51 4.47 Per hour Page 114 Attachment 1 to FSD-021-24 Recreation Fee HST Total Unit Trade Booth Commercial 56.31 7.32 63.63 Per event Community Group 0 0 Per event Luncheon 10.49 1.36 11.85 Per visit Special event with meal and entertainment 20.99 2.73 23.72 Per visit Special event with refreshment 14.29 1.86 16.15 Per visit General Drop-in Adult 3.84 0.50 4.34 Per visit Senior 1.92 0.25 2.17 Per visit Youth 1.92 1.92 Per visit Starting July 1, 2024 Sports Drop-in Adult 5.30 0.69 5.99 Per visit Senior 2.37 0.31 2.68 Per visit Youth 2.65 2.65 Per visit Sports Drop-in Specialty Adult 7 0.91 7.91 Per visit Senior 4.75 0.62 5.37 Per visit Youth 4.75 4.75 Per visit Daytime Skating Drop-in 3 and Under 0 0 Per visit Page 115 Attachment 1 to FSD-021-24 Recreation Fee HST Total Unit Adult 3.10 0.40 3.50 Per visit Senior 2 0.26 2.26 Per visit Youth 2 2 Per visit Administration Fee HST Total Unit Aquatic Leadership Discount 20% Remote Programming Incentive Discount 20% Starting January 1, 2024 Non-Resident Surcharge 10% Activity registration Memberships Facility rentals Age Based Discount – Senior 50% Activity registration Memberships Age Based Discount - Youth 50% Memberships Employee Part-time Discount 50% Memberships Family/Group Discount 20% Memberships Inclusion Membership Discount – Adult 50% Memberships Inclusion Membership Discount – Senior 20% Memberships Inclusion Membership Discount – Youth 20% Memberships Student Discount 25% Memberships Page 116 Attachment 1 to FSD-021-24 Administration Fee HST Total Unit Community Group / Not for Profit Discount (not already identified) 20% Facility rentals Starting January 1, 2024 Commercial Business Surcharge (not already identified) 20% Facility rentals Starting January 1, 2024 Multi-pack Discount (not already identified) 10% Pay As You Go (drop-in programming) Starting January 1, 2024 Facility Cancellation Surcharge – Spot rentals with notice 10% Per hour turnback Facility Cancellation Surcharge – Spot rentals without notice 50% Per hour turnback Statutory Holiday Rental Surcharge 88.49 11.50 99.99 Per hour Administrative Fee 10 1.30 11.30 Per transaction Replacement Access Card 5 0.65 5.65 Per card Discounts do not apply where rates have already been discounted. Page 117 Attachment 1 to FSD-021-24 By-law 2024-xxx Schedule “G” Public Works Fees Fee Schedule Effective July 1, 2024 Electric Vehicle Charging Stations Fee HST Total Unit Daytime electric vehicle station use under three (3) hours $1.50 $0.20 $1.70 Per hour Daytime electric vehicle station use after three (3) + 30 minute grace period 4 0.52 4.52 Per hour Nighttime electric vehicle station use 1.50 0.20 1.70 Per hour Reservation no-show 3 0.39 3.39 Flat fee Note: 1. For daytime use (7:30am to 5:00pm Monday to Sunday), the user is expected to move their vehicle from the charge station parking spot after three (3) hours. A grace period of 30 minutes will be permitted once their allotted time has elapsed before an additional fee is applied. 2. Where offered by the Electric Vehicle Charger Service Provider, Electric Vehicle Parking Spaces may be reserved via an online booking platform on a first come first served basis. If the User does not connect to the electric vehicle charging station within 10 minutes of the reserved time, the User will be charged a fee and lose their place in the queue.3 Special Events on Municipal Highways By-law (2014-021) Fee HST Total Unit Application Review Fee $500 Road Occupancy By-law (2014- 022) Fee HST Total Unit Municipal Resources required for the temporary closure or occupancy Actual costs of required resources Page 118 Attachment 1 to FSD-021-24 Senior Snow Clearing Program Fee HST Total Unit Senior snow clearing program $91.33 $11.87 $103.20 Per Season Commemorative Tree and Bench Program Fee HST Total Unit Commemorative Tree $900 $117 $1,017 Per tree Commemorative Bench 2,750 357.50 3,107.50 Per bench Commemorative Tree Plaque 477.88 62.12 540 Per plaque Access Permits Fee HST Total Unit Access Permit Application $125 $125 Access Permit Rural (based on size of culvert) Actual costs of required resources Access Permit Urban Actual cost of required resources Curb reinstatement Actual cost of required resources Sidewalk remove and replace Actual cost of required resources Page 119 Attachment 1 to FSD-021-24 Incident Response Fee HST Total Unit Response to incident clean up on municipal roadway and right of way Current MTO Rate plus actual costs of required resources Per vehicle and labour, minimum one (1) hour Response to a municipal infrastructure damage incident Current MTO Rate plus actual costs of required resources Per vehicle and labour, minimum one (1) hour Additional expenses to retain a private contractor or to rent equipment to repair or replace municipal infrastructure Actual costs of required resources Page 120 Attachment 1 to FSD-021-24 By-law 2024-xxx Schedule “H” Cemetery Fees Fee Schedule Effective July 1, 2024 Sale of Plots Care and Maintenance Plot Total Fee HST Total Unit Single (3’ x 9’) $861.60 $1,292.40 $2,154 $280.02 $2,434.02 Per plot, includes 40% care and maintenance Infant (1.5’ x 3’) Not applicable No charge No charge Cremation (2’ x 2’) 288.40 432.60 721 93.73 814.73 Per plot, includes 40% care and maintenance Sale of Crematio n Niches Care and Maintenanc e Niche Total Fee HST Grand Total Unit Niche (including plaque) $368.85 $2,090.15 $2,459 $319.67 $2,778.67 Per niche, includes 15% care and maintenance Interment Fee HST Total Adult – Single Depth $1,138 $147.94 $1,285.94 Adult – Double Depth 1,415 183.95 1,598.95 Cremation 438 56.94 494.94 Niche 222 28.86 250.86 Infant No charge Page 121 Attachment 1 to FSD-021-24 Disinternment Fee HST Total Adult – Single Depth $1,870 $243.10 $2,113.10 Adult – Double Depth 2,248 292.24 2,540.24 Cremation 516 67.08 583.08 Niche 222 28.86 250.86 Infant 516 67.08 583.08 Fee HST Total Saturday Plot Interments $271 $35.23 $306.23 Saturday Cremation/Niche Interments No additional charge Sunday & Stat Holidays Plot Interments 632 82.16 714.16 Sunday & Stat Holidays Cremation/Niche Interments 233 30.29 263.29 Rental for lowering device, set up and dressing 149 19.37 168.37 Provincial Licence Fee Set by province Granite Plaque Replacement 338 43.94 381.94 Administrative Fee HST Total Transfer Fee $44 $5.72 $49.72 Duplicate or Replacement Certificate 44 5.72 49.72 Third Party Sale Transfer 44 5.72 49.72 Transfer Back to Municipality 44 5.72 49.72 Page 122 Attachment 1 to FSD-021-24 Monument Foundation or Marker Setting Care and Maintenance Monument Total Fee HST Grand total Monument $200 $282 $482 $88.66 $770.66 Flat Marker – Regular 100 205 305 52.65 457.65 Maximum height 24.5” x 18.5” Flat Marker – Cremation 100 38 138 30.94 268.94 Maximum size 22” x 16” Flat Marker – Block IBL Not Applicable 137 137 17.81 154.81 Maximum size 16.5” x 10.5” Foot Marker Not Applicable 137 137 17.81 154.81 Maximum size 16” x 10” Removal of Monuments Not Applicable 97 97 12.61 109.61 Page 123 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: May 6, 2024 Report Number: FSD-022-24 Authored by: David Ferguson Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Mary-Anne Dempster, CAO Resolution Number: By-law Number: File Number: RFP2024-2 Report Subject: Engineering Services for Multiple Bridge and Culvert Replacements Recommendations: 1. That Report FSD-022-24, and any related delegations or communication items, be received; 2. That the proposal received from Cima Canada Inc. being the most responsive bidder meeting all terms, conditions and specifications of RFP2024-2 be awarded the contract for the provision of Engineering Services for Multiple Bridge and Culvert Replacements for the specific locations highlighted in Section 1.3 of the report; 3. That the funds required for this project in the amount of $412,152.42 (Net HST Rebate) be funded from the approved budget; 4. That subject to municipal resources at the time of construction, budget approval and construction contract award, CIMA Canada Inc. be authorized to provide the required Inspection and Contract Administration at a maximum cost of $218,580.48 (net HST Rebate); and 5. That all interested parties listed in Report FSD-022-24, and any delegations be advised of Council’s decision. Page 124 Municipality of Clarington Page 2 Report FSD-022-24 Report Overview To request approval to award RFP2024-2 to the most responsive proponent to provide Engineering Services for Multiple Bridge and Culvert Replacements. 1. Background 1.1 The Municipality of Clarington (Municipality) requires the assistance of a qualified firm to provide Engineering Services for Multiple Bridge and Culvert Replacements. 1.2 A Request for Proposal (RFP) was drafted to allow the Municipality to select a qualified Engineering Services Consultant with the skills, resources, and experience necessary to provide a cost-effective design, tender preparation, construction inspection, and contract administration services for the replacement of one (1) bridge and five (5) culverts within the Municipality of Clarington. 1.3 The various locations of bridges and culverts being replaced are as follows:  Culvert 98513 – East Townline Road between Regional Hwy. 2 and Hwy. 401  Culvert 98535 – Best Road between Concession Road 8 and Hwy. 407  Culvert 98533 – Concession Road 7 between Best Road and Hwy. 35/115  Structure 99077 – Hancock Road between Nash Road and Regional Hwy. 2  Culvert 99125 – West Townline Road between Concession Road 9 and Regional Road 9  Culvert 99525 – Concession Road 6 between Acres Road and Darlington-Clarke Townline Road 1.4 East Townline Road and West Townline Road are boundary roads with the adjacent Municipality of Port Hope and City of Oshawa, respectively. Therefore, Culverts 98513 and 99125 will be eligible for partial cost recovery through the Municipality’s Boundary Road Agreements. As outlined in these agreements, infrastructure replacement costs of this nature shall be split in equal parts between each Municipality that share the subject boundary road. 1.5 The RFP was split into two Parts. Part 1 included the detailed design and tendering for the bridges and culverts and Part 2 included provisional inspection and contract administration services during construction. Part 2 of this contract is subject to Council budget and contract approval for the construction of this project. Page 125 Municipality of Clarington Page 3 Report FSD-022-24 1.6 RFP2024-2 was issued by the Purchasing Services Division and advertised electronically on the Municipality’s website. The RFP was structured on a two-envelope system with price being an evaluated factor. 2. Analysis 2.1 The RFP closed on February 23, 2024. 2.2 The RFP stipulated, among other things, that the proponents were to provide a description of the Firm/Consulting team, key qualifications, firm profile, highlights of past service and experience of team members with projects of similar size, nature and complexity, and demonstrate an understanding of the Municipality’s requirements. 2.3 Twenty-two companies downloaded the document, and eight proposals were received (refer to Attachment 1) by the stipulated closing date and time. Submissions were reviewed to ensure that they met the Phase 1 - Mandatory Requirements. Two submissions received did not meet the mandatory requirements and were deemed non- complaint. Six proposals met the mandatory requirements and were deemed compliant. The six compliant proposals were distributed to the evaluation committee for review, evaluation, and scoring. 2.4 The technical proposals were evaluated and scored independently by the members of the evaluation committee in accordance with the established criteria as outlined in the RFP. The evaluation committee was comprised of staff from the Planning and Infrastructure Services Department. 2.5 The evaluation committee met to review and agree upon the overall scores for each proposal. Some of the areas on which the submissions were evaluated were as follows:  The Proponent’s understanding of the Municipality’s requirements;  Highlights of services provided performing similar work on projects of comparable nature, size, and scope in a municipality of similar population size;  Proposed team’s experience with projects similar in size and nature;  A methodology describing the Proponent’s project management approach, work plan, goals, objectives, and methods of communication to be utilized to meet the requested deadlines; and  A proposed solution including a detailed work plan indicating the project method, schedule, Gantt chart, tasks and deliverables showing an estimated overall timeline of the project. 2.6 Upon completion of the evaluation, four submissions met the established passing threshold of 80 percent for Phase 2—Technical Submission and moved to Phase 3— Pricing. The evaluation committee determined that a presentation from the short-listed proponents would not be required. Page 126 Municipality of Clarington Page 4 Report FSD-022-24 2.7 The pricing envelopes were opened, reviewed and scored as stipulated in the RFP document. 2.8 The RFP was structured to award the detailed design and tendering for the bridges and culverts with the option to include inspection and contract administration services during construction. 2.9 The inspection and contract administration was bid as a provisional item dependent on the construction budget and contract being approved by Council. The amendment to include Part 2 Inspection and Contract Administration will be subject to budget availability, Council approval of the construction contract and Municipal resources at the time of award. 2.10 Upon completion of the evaluation scoring, the recommendation is to award the contract for this work to the highest-ranked proponent, Cima Canada Inc. 2.11 Cima Canada Inc. has provided Engineering Services to the Municipality in the past, and as such, a reference check was not required. 3. Financial Considerations 3.1 The Proponents provided provisional pricing for the inclusion of Inspection and Contract Administration. The fees are allocated between the two items is as follows: Part 1 – Lump Sum for Detailed Design and Tendering $412,152 Total net HST rebate Part 2 – Provisional Item: Lump Sum for Inspection and Contract Administration $218,580 Total net HST rebate 3.2 The funding required for Part 1 of this contract award is up to $412,152.42 (Net HST Rebate) and will be funded from the following account: Description Account Number Amount Structures Rehabilitation 110‐50‐330‐83275‐7401 $252,152 Oshawa Cost Recovery (99125) 110‐50‐330‐83275‐7402 50,000 Port Hope Cost Recovery (98513) 110‐50‐330‐83275‐7402 20,000 Hancock Rd. Box Culvert (99077) 110-32-330-83365-7401 90,000 Page 127 Municipality of Clarington Page 5 Report FSD-022-24 3.3 Part 2- Inspection and contract administration for the project was included in the issued RFP as a provisional item in addition to the pricing requested to complete the design and tendering work. There are cost and quality efficiencies when the contract administration and inspection are performed by the same consultant as the design of the capital work. Contract administration and inspection costs will be included in the 2025-2027 multi-year capital budget. Approval of the award of the contract for this work is subject to the project receiving budgetary approval in a subsequent year. 3.4 The funding required for Part 2 of this contract in the amount of $218,580 (net HST rebate) will be required to complete inspection and contract administration for the project and will be identified in a future budget submission. 4. Strategic Plan 4.1 Not Applicable 5. Concurrence This report has been reviewed by the Deputy CAO, Planning and Infrastructure Services who concurs with the recommendations. 6. Conclusion It is respectfully recommended that Cima Canada Inc. be awarded the contract for the provision of Engineering Services for Multiple Bridge and Culvert Replacements. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1 – Summary of Proposals Received Interested Parties: List of Interested Parties available from Department. Page 128 Municipality of Clarington Page 6 Report FSD-022-24 Attachment 1 - Summary of Proposals Received Municipality of Clarington RFP2024-2– Engineering Services Multiple Bridge and Culvert Replacements Proposals Received Bidder CIMA Canada Inc. D.M. Willis GHD Ltd. The Greer Galloway Group Inc. Jewell Engineering Inc. Q&E Engineering Inc. * REMISZ Consulting * TSI Inc. Note: Companies with * were deemed non-compliant. Page 129 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: May 6, 2024 Report Number: FSD-023-24 Authored by: Sandra McKee Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Mary-Anne Dempster, CAO Resolution Number: By-law Number: File Number: CL2024-3 Report Subject: High Street and O’Dell Street Reconstruction Recommendations: 1. That Report FSD-023-24, and any related delegations or communication items, be received; 2. That GIP Paving Inc. with a total bid amount of $1,507,333.84 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of CL2024-3 be awarded the contract for High Street and O’Dell Street Reconstruction; 3. That the total funds required for this project in the amount of $1,726,400.00 (Net HST Rebate) which includes construction costs of $1,507,333.84 (Net HST Rebate) and other related costs such as topographic survey, geotechnical investigation, excess soil planning documents, tree inventory and impact assessment, material testing, and contingencies of $219,066.16 (Net HST Rebate) be approved; and 4. That all interested parties listed in Report FSD-023-24, and any delegations be advised of Council’s decision. Page 130 Municipality of Clarington Page 2 Report FSD-023-24 Report Overview To request authorization from Council to award tender CL2024-3 High Street and O’Dell Street Reconstruction to the lowest compliant bidder being GIP Paving Inc. 1. Background 1.1 Tender specifications were prepared by Planning and Infrastructure Services, the Region of Durham and provided to the Purchasing Services Division. 1.2 The tender scope of work for the reconstruction of High Street and O’Dell Street includes local storm sewer and structure removal and replacement, local sanitary sewer and structure removal and replacement including replacement/relining of existing lot connections, local watermain abandonment including removal and replacement of service connections, installation of new watermain and subdrain, curb and gutter installation, associated road and landscape work. 1.3 The work for this project is located in Bowmanville at the following locations:  High Street – Concession Street West to northern terminus (south of the CP Rail Corridor)  O’Dell Street – High Street to western terminus (east of Elgin Street) 1.4 Tender CL2024-3 was issued by the Purchasing Services Division and advertised on the Municipality’s website. The tender closed on April 22, 2024. 2. Analysis 2.1 Thirty-three plan takers downloaded the tender document. Four bids were received in response to the tender call. The submissions were reviewed by the Purchasing Services Division (see Attachment 1), and all were deemed compliant. The bid results were forwarded to the Planning and Infrastructure Services Department for their review and consideration. 2.2 After review and analysis by the Planning and Infrastructure Services Department and the Purchasing Services Division, it was mutually agreed that the low compliant bidder, GIP Paving Inc. be recommended for the award of tender CL2024-3. 2.3 GIP Paving Inc. has successfully completed this type of work for the Municipality in the past and as a result there was no need to do a reference check. Page 131 Municipality of Clarington Page 3 Report FSD-023-24 3. Financial Considerations 3.1 The total funds required for this project in the amount of $1,726,400.00 (Net HST Rebate) which includes construction costs of $1,507,333.84 (Net HST Rebate) and other related costs such as topographic survey, geotechnical investigation, excess soil planning documents, tree inventory and impact assessment, material testing, and contingencies of $219,066.16 (Net HST Rebate) is included in the approved Capital Budget and will be funded from the following accounts: Description Account Number Amount High Street & O'Dell Street Reconstruction 110-50-330-83332-7401 $790,000 High Street & O'Dell Street Reconstruction- Region Recovery 110-50-330-83332-7402 $936,400 4. Strategic Plan Not applicable. 5. Concurrence 5.1 This report has been reviewed by the Deputy CAO, Planning and Infrastructure Services Department who concurs with the recommendations. 6. Conclusion It is respectfully recommended that GIP Paving Inc., being the lowest compliant bidder meeting specifications, be awarded the contract for tender CL2024-3 for High Street and O’Dell Street Reconstruction. Staff Contact: Sandra McKee, Acting Purchasing Manager, 905-623-3379 Ext 2210 or smckee@clarington.net. Attachments: Attachment 1 – Bid Summary Interested Parties: List of Interested Parties available from Department. Page 132 Municipality of Clarington Page 4 Report FSD-023-24 Attachment 1 – Bid Summary Municipality of Clarington CL2024-3– High Street and O’Dell Street Reconstruction Bid Summary Bidder Total Bid Including HST Total Bid Net HST Rebate GIP Paving Inc. $1,673,827.87 $1,507,333.84 Nick Carchidi Excavating Limited 1,807,607.89 1,627,806.89 614128 Ontario Ltd. o/a Trisan Construction 1,972,722.02 1,776,497.28 Elirpa Construction & Materials Ltd. 2,088,972.29 1,881,184.25 Page 133 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: May 6, 2024 Report Number: FSD-024-24 Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology; Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO Resolution #: Authored by: Amanda Crompton, Principal Planner Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology File Number: PLN 1.1.31 By-law #: Report Subject: Cutting Red Tape to Build More Homes Act 2024 (Bill 185) Comments Recommendation: 1. That Report FSD-024-24, and any related delegations or communication items, be received for information; 2. That Report FSD-024-24 be adopted as the Municipality of Clarington’s comments to the Province on the Cutting Red Tape to Build More Homes Act 2024 (Bill 185); 3. That a copy of Report FSD-024-24 and Council’s decision be sent to the Ministry of Municipal Affairs and Housing, Ministry of Red Tape Reduction, the Region of Durham and the other Durham Region area municipalities; and 4. That all interested parties listed in Report FSD-024-24 and any delegations be advised of Council’s direction. Page 134 Municipality of Clarington Page 2 Report FSD-024-24 Report Overview On April 10, 2024, the Ontario government released a suite of proposed legislative, regulatory and policy changes as part of the “Spring 2024 Red Tape Reduction Package” aimed at achieving its goal of building 1.5 million homes by 2031. These changes, which follow previous rounds of legislation introduced by the Government, would impact Clarington’s powers under the Planning Act, Development Charges Act and Municipal Act. Two major pieces of legislative and policy changes were released for consultation: Cutting Red Tape to Build More Homes Act (Bill 185) and an updated draft of a new Provincial Planning Statement. The deadline to submit comments to the Province is May 10, 2024. Staff plan to submit Municipal comments by May 10, subject to Council ratification/modification. The purpose of this report is to (i) summarize the Province’s changes under Bill 185, (ii) present staff’s comments on the changes submitted to the Province as draft to meet the tight commenting deadline, and (iii) bring forward recommendations to address potential implications of the legislation for Council’s consideration. Comments on the new draft Provincial Planning Statement 2024 will be presented in a separate Planning and Development Report (see Report PDS-017-24) at the May 13, 2024 Planning and Development Committee. 1. Background 1.1 On April 10, 2024, the Government of Ontario introduced Bill 185: Cutting Red Tape to Build More Homes Act, 2024, to achieve its goal of building 1.5 million homes by 2031. These changes, which follow previous rounds of legislation introduced by the Provincial Government, would impact Clarington’s powers under the Planning Act, Development Charges Act, and Municipal Act. 1.2 On the same day, the Province released an updated draft of a new Provincial Planning Statement (PPS) 2024. This release comes one year after the first draft of the new PPS was issued for comment. Staff comments on the new PPS will be detailed in a separate report to Planning and Development Committee on May 13, 2024 (Report PDS-017-24). 1.3 The following proposals were posted for consultation with a commenting deadline of May 10, 2024:  ERO #019-8462: An updated proposed Provincial Planning Statement, with new and updated policies for feedback based on the results of the 2023 consultation of the proposed Provincial Planning Statement (ERO #019-6813);  ERO #019-8366: Removing barriers to additional residential units; Page 135 Municipality of Clarington Page 3 Report FSD-024-24  ERO #019-8368: Proposed amendments to Ontario Regulation 73/23: Municipal Planning Data Reporting regulation;  ERO #019-8369: Changes to the Planning Act, City of Toronto Act, 2006, and Municipal Act, 2001;  ERO #019-8370: Regulatory changes under the Planning Act and Development Charges Act, 1997: Newspaper Notice Requirements and Consequential Housekeeping Changes; and  ERO #019-8371: Changes to the Development Charges Act, 1997, to enhance municipalities’ ability to invest in housing-enabling infrastructure. 1.4 Over the last three years, there have been no fewer than ten bills brought forward by the Province related to matters of land use planning, development and municipal regulatory powers. The following past staff reports are of particular relevance to the matters outlined in this report:  June 3, 2019, Planning and Development Committee, PSD-027-19 More Homes, More Choices Act, 2019 (Bill 108);  December 5, 2022, Planning and Development Committee, PDS-051-22 More Homes for Everyone Act, 2022 (Bill 109);  December 5, 2022, Planning and Development Committee, PDS-054-22 More Homes Built Faster Act, 2022 (Bill 23); and  June 27, 2023, Planning and Development Committee, PDS-037-23 Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) and Proposed Provincial Planning Statement, 2023. Although the above bills received Royal Assent and are in effect, bill numbers are referenced throughout the report for ease of recognition. Summary of Proposed Changes Under Bill 185 1.5 Bill 185: Cutting Red Tape to Build More Homes Act, 2024 includes amendments to 15 Acts. Some of the changes are new, whereas others are carried forward, amended, or revoked from previous legislation. 1.6 As Bill 185 is considered an omnibus bill, there are several items that will have no impact to the Municipality. The following are the schedules to the bill, items impacting the Municipality will be expanded in following paragraphs: Page 136 Municipality of Clarington Page 4 Report FSD-024-24 Schedule Impacted Act Summary of Change 1 An Act to Incorporate the Trinity College School Provides the capacity, rights, powers and privileges of a natural person and changes to the governing body 2 Arts Council Act Renames the Province of Ontario Council for the Arts to the Ontario Arts Council 3 Building Opportunities in the Skilled Trades Act Permits the Registrar to delegate their powers and duties to employees 4 City of Toronto Act, 2006 Changes to the City of Toronto Act which mirror changes to the Municipal Act (to be discussed below) 5 Coroners Act Requires the sheriff to provide information as may be prescribed 6 Development Charges Act, 1997 See Section 2 of this Report 7 Hazel McCallion Act, 2023 Renames the act to include “Peel Restructuring” rather than “Peel Dissolution”. Provides update mandate for the transition board to provide recommendations on the transfer of powers, responsibilities or jurisdiction of the Region with respect to land use planning, water and wastewater, storm water, highways and waste management 8 Line Fences Act Changes the definition of “appeals division”, adds a new section sets out by which means any document is required to be sent, served or given. Changes to allow the Minister to appoint a referee or deputy referees, previously the Page 137 Municipality of Clarington Page 5 Report FSD-024-24 Schedule Impacted Act Summary of Change Lieutenant Governor in Council Other housekeeping and consequential amendments 9 Municipal Act, 2001 See Section 3 of this Report 10 Niagara Parks Act Remove the requirement that members of the Commission be appointed annually, changed to a term as determined by council for the municipality 11 Ontario Energy Board Act, 1998 Changes subsection 90(2) to provide that the requirements to obtain leave to construct applies to the relocation or reconstruction of a hydrocarbon line only if the conditions prescribed in the regulations are met, 92(2) is also re-enacted 12 Planning Act See Section 4 of this Report 13 Poet Laureate of Ontario Act Amendments to reflect the name change to the Ontario Arts Council 14 Redeemer Reformed Christian College Act Reduces the size of the board of governors and other related amendments 15 Université de Hearst Act, 2021 Changes the composition of the board of governors of the University 1.7 The following three sections summarize the proposed changes that have an impact to the Municipality of Clarington. Page 138 Municipality of Clarington Page 6 Report FSD-024-24 2. Summary of Proposed Changes to the Development Charges Act, 1997 Redefines eligible capital costs 2.1 Reinstates background studies, such as master plans and development charge (DC) background studies, as eligible capital costs for DCs. 2.2 This change ensures that the costs associated with studies related to growth, such as official plans, road needs studies, master plans and other studies, are paid for by the growth that they facilitate. The Municipality’s current DC by-law was adopted prior to the change, so there is no change or financial impact; however, as we are underway with our new DC background study, we will be able to maintain the studies as an eligible cost for recovery. Repeals mandatory phase-in 2.3 Repeals the mandatory five-year phase-in of DC rates that was introduced through Bill 23. This phase-in would reduce the charge, which is based on the costs that are needed to facilitate growth, by 20% in the first year, 15% in the second year, 10% in the third year and 5% in the fourth year. The impact of the phase-in was that up to 20% of the growth-related capital would have to be funded by other sources, such as taxes. 2.4 As the Municipality’s DC study was adopted in 2021, we were operating under the former rules and not subject to the phase-in. The proposed change is welcomed as we are currently undergoing our new DC background study. The result will be that all of the eligible costs will be included in the DCs collected, subject to exceptions for prescribed properties. Reduces time limit on DC freeze 2.5 Reduces the time limit on the DC freeze from two years to 18 months from when a site plan application (or zoning application) is submitted to the municipality. 2.6 As the Municipality is able to charge interest, the impacts are not large; however, the greater impact is around a change in DC studies where there may be larger changes in the value of the charge. The reduction in time limit reduces the potential lost revenue related to the cost of capital infrastructure. As it relates to the Municipality’s ability to meet our housing pledge, the change in the time limit is an incentive for developers to start the building process as they will lose the lower rate after 18 months rather than 24 months. Page 139 Municipality of Clarington Page 7 Report FSD-024-24 Implements affordable residential unit exemptions 2.7 Implements the Affordable Residential Unit exemptions on June 1, 2024. This will result in qualifying properties being exempt from DCs subject to maintaining their qualifying status. 3. Summary of Proposed Changes to the Municipal Act, 2001 Changes to Bonusing Rules 3.1 The proposed legislation adds section 106.1 which allows the Province to make regulations authorizing municipalities to grant assistance to a specified manufacturing, industrial or commercial business if the Province considers that it is necessary or desirable in the provincial interest to attract investment in Ontario. 3.2 Within the regulations, the Province may set out the types of assistance that may be granted as well as impose restrictions, limits or conditions. 3.3 This change could allow municipalities to provide grants, or tax incentives to the prescribed types of manufacturing, commercial or industrial businesses in an effort to support economic development. This is similar to recent Provincial and Federal support for electric vehicle manufacturers to locate plants in Southwestern Ontario. Currently, the only way to provide any financial support is through a Community Improvement Plan, which may not be able to provide the types of economic development incentives required. Another example could be providing financial incentives for physician attraction to the Municipality. 3.4 Further, as experienced in the pandemic, the ability to support businesses impacted by a pandemic, natural disaster, or civil unrest is restricted due to the bonusing rules. These changes could, if prescribed, allow the Municipality to provide support to businesses experiencing harsh impacts from external factors. 4. Summary of Proposed Changes to the Planning Act Removes upper-tier planning responsibilities 4.1 In 2022, Bill 23 introduced the concept of an “upper-tier municipality without planning responsibilities”. Upon proclamation, the specified upper-tier municipalities will no longer (i) exercise approval authority over lower-tier planning decisions, (ii) maintain an upper- tier official plan, or (iii) have appeal rights as a public body on Planning Act applications. 4.2 Under Bill 185, the Region of York, Region of Peel and Region of Halton will become “upper-tier municipalities without planning responsibilities” on July 1, 2024. The Region of Durham, Region of Waterloo, Region of Niagara and County of Simcoe will become Page 140 Municipality of Clarington Page 8 Report FSD-024-24 “upper-tier municipalities without planning responsibilities” at a future date to be named by proclamation of the Lieutenant Governor. Adds new parking restrictions 4.3 Prohibits municipal councils from approving official plans or enacting zoning by-laws with minimum parking requirements in Protected Major Transit Station Areas (PMTSA) and other areas where minimum densities are required by official plans or provincial policies. Eliminates third-party appeal rights 4.4 Removes permission for a third-party, such as a landowner, ratepayer or other member of the public, to appeal approved official plans, official plan amendments, zoning by- laws and zoning by-law amendments. Makes pre-application consultation voluntary and removes application fee refunds 4.5 Removes a municipality’s authority to require pre-consultation applications for official plan amendments, zoning by-law amendments, site plan approval and draft plans of subdivision. These pre-application consultations, which currently have a fee associated with them, would now become voluntary; however, municipalities retain the authority to deem an application “complete” or “incomplete”. 4.6 Allows an applicant to challenge complete application requirements to the Ontario Land Tribunal (OLT) at any time after the application fee has been paid or pre-consultation has begun. Currently, applicants have 30-days to dispute an “incomplete application” determination. 4.7 Removes the fee refund provisions from the Planning Act for zoning by-law amendment and site plan control applications, which were introduced in 2022 through Bill 109. Clarington will no longer be required to refund planning application fees to an applicant if a decision is not made within legislative timelines. Introduces new appeal rights for settlement area expansion applications 4.8 Allows applicants to appeal a municipality’s refusal or non-decision on a privately requested official plan or zoning by-law amendment that would change the boundary of a “settlement area”, provided the lands are outside of the Greenbelt Area. 4.9 This new appeal right under the Planning Act is paired with new criteria for assessing settlement area boundary expansion proposals in the new PPS as detailed in Report PDS-017-24. Page 141 Municipality of Clarington Page 9 Report FSD-024-24 Creates “use it or lose it” tools 4.10 Creates “use it or lose it” tools that would (i) expand municipal authority to attach lapsing provisions to approved site plans, (ii) require approval authorities to provide lapsing provisions to draft plans of subdivision/condominiums and (iii) authorize municipalities to adopt policies that enable servicing capacity to be allocated or reallocated to other projects if the approved development has not proceeded after a specified period. The Municipality currently has similar tools in place for site plans and subdivision applications. 4.11 Authorizes a municipality, under the Municipal Act, to adopt a municipal allocation by- law, which may include (i) a system for tracking the water supply and sewage capacity available to support approved developments, and (ii) criteria to determine the circumstances for when allocation of water supply and sewage capacity is assigned, withdrawn or reallocated. 4.12 Repeals the section of the Planning Act that allows municipalities to pass by-laws establishing a system for allocating water and sewage services to land that is the subject of an application. Introduces new additional residential unit regulations 4.13 Enhances the Minister’s regulation-making authority to remove zoning barriers to building additional residential units (ARUs), such as maximum lot coverage and limits on bedrooms allowed per lot. 4.14 Creates a regulation-making authority that would enable the establishment of requirements and standards to facilitate planning approvals for ARUs. 4.15 Changes were previously made to the Planning Act through the Bill 23 which allowed three units per lot “as-of-right” in existing residential areas and removed specific ARU barriers, such as parking requirements, parkland requirements, minimum unit sizes, and development charges. These changes stand, and the new proposed changes aim to further facilitate the creation of more ARUs. Removes the Community Infrastructure and Housing Accelerator tool 4.16 Removes the Community Infrastructure and Housing Accelerator (CIHA) tool from the Planning Act. However, a Minister’s Zoning Order (MZO) can still be used under section 47 of the Planning Act to regulate the use of land in Ontario. 4.17 The Municipality submitted a request for a CIHA order to facilitate an affordable housing development at 200 Baseline Road West. With the proposed removal of the CIHA tool, staff support the Minister considering a MZO for these lands. Page 142 Municipality of Clarington Page 10 Report FSD-024-24 4.18 The Ministry introduced a new framework for how requests for MZOs will be considered. The framework details the types of requests that will be considered, submission expectations and the assessment process. Exempts community service facilities and post-secondary institutions from Planning Act requirements 4.19 Enables a streamlined approvals pathway for prescribed class(es) of community service facility projects, such as public schools, hospitals and long-term care facilities. 4.20 Exempts publicly assisted universities from the Planning Act for student housing projects on and off campus. Allows digital public notice 4.21 Enables municipalities to provide notice of a public meeting on a municipal website, instead of in a newspaper (if there is no local print newspaper available). Proposes changes to the Provincial data reporting requirements 4.22 Adds new items that need to be reported to the Province quarterly and annually. Municipalities would be required to report on several new planning actions, share additional geospatial data indicating available serviced land, and publicly share a summary table with the total number of applications reported, submitted, decided on, and the number of housing units approved for that quarter. 4.23 The summary table would be required to be published on the municipal website by October 1, 2024. 5. Key Comments and Concerns on Bill 185 General Comments 5.1 Staff recognizes the need to address the housing crisis in Ontario and generally supports the Province’s efforts to improve housing supply and affordability. 5.2 However, staff are concerned about the extent to which planning matters currently under the jurisdiction of municipalities and subject to public participation are proposed to be exempted from the Planning Act and/or subject to future provincial regulations and out of the hands of local government. 5.3 It is challenging for staff to provide informed and fulsome comments on such extensive legislative changes within the 30-day commenting period. This is particularly so when many details required to fully understand the impacts of the proposed changes are not Page 143 Municipality of Clarington Page 11 Report FSD-024-24 included in the information currently available (including those that are to be prescribed through regulations at a later date). 5.4 Staff will submit draft comments to the Province to meet the commenting deadline of May 10, 2024. Regional Planning Framework 5.5 Regional planning provides a valuable role coordinating long-term land use planning and infrastructure across municipalities to maximize efficiency and return on public investment. 5.6 The Province is requested to provide information about how upper-tier municipalities without planning responsibilities would continue to implement capital projects for transportation and servicing infrastructure. 5.7 The Province is requested to provide information about how and over what time period the transfer of powers to lower tier municipalities will occur. 5.8 The removal of Durham Region from Planning Act processes means that Clarington will assume responsibility for all planning matters. This will place increased pressure on existing municipal staff to carry out these functions and will impact application processing timelines in situations where in-house expertise to complete adequate review is not currently present. 5.9 Similar comments as outlined above have previously been submitted to the Province in response to Bill 23 and Bill 109. Development Review Process Changes 5.10 Clarington’s By-law 2007-132 requires that pre-consultation with the Municipality occur prior to the submission and acceptance of development applications. Clarington would no longer have the authority to require participation in the pre-consultation process, which facilitates the presentation and discussion of development proposals with relevant staff and external agencies. 5.11 In response to changes made through Bill 109 (application fee refunds), staff implemented an enhanced two-stage pre-application consultation process (see Report PDS-051-22). Stage 1 aimed to provide preliminary comments on a development proposal and determine application requirements, and Stage 2 focused on screening the materials and studies before submission to verify adequacy and completeness. 5.12 The proposed removal of the Bill 109 fee refund requirements would allow the pre- application process to return to a single consultation meeting. Page 144 Municipality of Clarington Page 12 Report FSD-024-24 5.13 The Province is requested not to make pre-application consultation voluntary. Pre-application consultation provides the opportunity to clarify the development review process and the supporting materials and information that will be required to support the Planning Act application. 5.14 Currently, the Municipality’s practice is to determine the requirements of a complete application through the mandatory pre-consultation process in accordance with the policies of the Clarington Official Plan and the Pre-consultation By-law. These requirements (studies, assessments, drawings) are tailored to the specific development proposal and communicated to applicants via the minutes of the pre-consultation meeting. 5.15 Should Bill 185 be passed as proposed, staff will need to consider alternatives to identify and communicate complete application requirements. This may require an amendment to the Clarington Official Plan, and current consultation processes. 5.16 In addition, applicants would be permitted to dispute if the information or material required for an official plan amendment, zoning by-law amendment, site plan, or draft plan of subdivision application by the municipality is reasonable at any time. This could disrupt the pre-application consultation process further, by having our complete application requirements disputed before an application is deemed “complete” or “incomplete”. Appeal Rights 5.17 The new appeal rights for settlement area expansion applications, coupled with the proposed changes in the draft 2024 PPS, allow for settlement area boundary expansions of any size to be decided by the OLT, rather than by the local government. This could result in piecemeal planning that threatens Clarington’s ability to plan for and finance growth in an environmentally, socially, and fiscally responsible way. 5.18 The Province is requested to maintain the existing provisions in the Planning Act that exclude an applicant from appealing a private application that would expand or alter an in-force settlement area boundary. 5.19 Bill 23 originally proposed to remove third-party appeal rights to the OLT for all planning applications but was revised to only remove third-party appeal rights for minor variance, draft plan of subdivision and consent to sever applications. Bill 185 proposes to extend the same limitation on appeal rights to approved official plans, official plan amendments, zoning by-laws and zoning by-law amendments. 5.20 The removal of third-party appeals on Planning Act matters means that residents and community groups will lose the right to appeal decisions about land use changes in their neighbourhoods. Should Bill 185 be passed as proposed, staff recommend that Page 145 Municipality of Clarington Page 13 Report FSD-024-24 additional opportunities for community engagement be prioritized at the plan-making level. 5.21 The Province is requested to maintain third party appeal rights to the OLT for approved official plans, official plan amendments, zoning by-laws, and zoning by- law amendments. Development Charges 5.22 Repealing the mandatory five-year phase-in of DC rates will ensure that all development pays its eligible share of the costs and reduce taxpayer subsidies of development costs. 5.23 Reducing the DC freeze will incent development as developers have a time limit to avoid DC increased. There is still interest, at a prescribed rate, that can be collected. 5.24 There is revenue loss anticipated with the implementation of the Affordable Residential Unit DC exemption. Planning Act Exemptions 5.25 The proposed widening of the scope of the Minister’s regulation-making authority to remove zoning barriers to build ARUs and potentially exempt such units from all of Part V (Land Use Controls) of the Planning Act would weaken the Municipality’s ability to regulate lot and building standards relating to lot coverage, and consequently, the proportion of landscaped open space, among others. In many cases, such regulations were developed to mitigate land use conflicts, nuisance factors, and provide for the enjoyment and protection of personal property. 5.26 Should Bill 185 be passed as proposed, staff will need to consider how potential adverse impacts that would have been regulated and mitigated through zoning requirements may continue to be addressed using other available tools and processes to ensure development functions safely and efficiently both at the property and neighbourhood scale. An example of this would be to make sure there continues to be sufficient landscaped open space to provide for proper drainage. 5.27 The Province is requested to provide additional information about the scope of the exemptions from Part V of the Planning Act for ARUs in order for municipalities to understand the full impact of the proposed changes prior to enactment. 5.28 Currently, development undertaken by post-secondary institutions would be subject to the land use policies and regulations of Clarington’s Official Plan and Zoning By-law and would also be required to go through the development application process (including site plan approval). Page 146 Municipality of Clarington Page 14 Report FSD-024-24 5.29 The Province is requested to provide information about the review process proposed to be applicable to undertakings of post-secondary institutions to ensure these developments are located appropriately and are designed to function safely and effectively within the community. 5.30 The Province is also requested to provide a framework requiring consultation with the affected local municipality. 5.31 The non-application of the Planning Act for certain undertakings of school boards, long- term care homes, and hospitals appears to rely on the development of forthcoming regulations. 5.32 The Province is requested to include requirements for consultation with the affected municipality as part of any proposed regulation providing exemptions to the Planning Act for community service facilities. Further, the Province is requested to provide information as to what details may be included in such a regulation prior to enactment. Parking restrictions in PMTSAs 5.33 The proposal to prohibit municipalities from setting parking minimums in PMTSAs would result in developers deciding parking requirements based on market demands. Staff support the concept of reduced parking in areas supported by higher order and local transit, such as PMTSAs, however the transit infrastructure should be in place to support the reduced rate. 5.34 The Province is requested to allow local municipalities to determine parking requirements in PMTSAs until the transit infrastructure (GO Train) is in operation in the PMTSA. Public Engagement 5.35 Until recently, Clarington published notice of publicly initiated amendments affecting a large geographic area in the newspaper. However, with the ceasing of local print newspaper, this option for providing public notice is no longer available. Proposed public notice changes, which staff support, will enable the Municipality to give notification of any publicly initiated amendment on a website. Resource, Time and Transition Considerations 5.36 Municipalities would be given the authority to enact by-laws under the Municipal Act to track water supply and sewage capacity and to set criteria for when an approved development can have their allocation withdrawn, which could require new processes and additional staff resources. Page 147 Municipality of Clarington Page 15 Report FSD-024-24 5.37 Lower-tier municipalities, such as Clarington, will assume responsibility for all planning in their geographies when Durham Region’s powers are removed (except for matters requiring provincial approval). These changes will require additional staff resources and time to adjust to absorbing the Region’s Official Plan and components of the planning processes currently handled by Regional planning staff. 5.38 Since April 2023, Clarington and other large and fast-growing municipalities have been required to report municipal planning data to the Province. The increased reporting requirements would require additional staff time to assemble, coordinate and publish the new metrics. 5.39 The municipal resources required to review, understand, adapt and implement the multitude of legislative changes that have been rolled out over the last two years have been extensive. The continual need to pivot and adapt policy and processes to comply with the continually changing provincial planning framework has diverted resources from the efficient processing of development applications and progressing our secondary plan program to enable development to take place in these designated growth areas to deliver the much-needed housing units. 5.40 Staff is hopeful that Bill 185 and the proposed PPS, 2024 represent the last round of substantial changes to the legislative and policy framework for a while to enable municipalities to focus on completing the necessary planning studies and working with the development community to move towards achieving the 2031 housing targets. 6. Financial Considerations 6.1 The proposed changes to the Development Charges Act will reduce the negative impacts of Bill 23, which removed studies as eligible expenses and introduced a phase- in of development charges over five years. The proposed changes will ensure that growth pays for growth to a greater extent. 6.2 Proposed changes to the Planning Act removes the requirement for refunding planning application fees. As the Municipality had established requirements for pre-consultation, few refunds were provided, so the change is not expected to have a large impact. 6.3 On a related note, the Province has eliminated the ability for municipalities to mandate pre-consultation meetings. This will remove approximately $160,000 from revenues in the budget, which will have to be funded from other fees, reserves or changes to the tax levy. 6.4 With the proposed removal of mandatory pre-consultation meetings and the increased threat of an OLT appeal regarding ‘complete application’ requirements, additional resources including development engineering staff and legislative services staff will be needed. The early engineering review that was completed as part of the pre- Page 148 Municipality of Clarington Page 16 Report FSD-024-24 consultation will now be required earlier in the process, and much quicker so as to prevent an appeal. Staff also anticipate the need for additional legislative services staff as the Province has opened the door for appeals before an application has been submitted. 7. Strategic Plan 7.1 Not Applicable 8. Concurrence This report has been reviewed by the Deputy CAO of Planning and Infrastructure who concurs with the recommendation. 9. Conclusion It is respectfully recommended that Council adopt this Report as the comments to be provided to the Province, that a copy of this report be sent to the Province and other parties as our comments on the proposed changes. Staff Contacts: Amanda Crompton, Principal Planner, 905-623-3379 ext.2444 or acrompton@clarington.net. Trevor Pinn, CPA, CA, Deputy CAO/Treasurer, 905-623-3379 ext.2602 or tpinn@clarington.net. Attachments: Not Applicable Interested Parties: List of Interested Parties available from the Department. Page 149 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: May 6, 2024 Report Number: FSD-025-24 Authored by: Sandra McKee, Acting Purchasing Manager and Toni Anderson, Buyer Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Mary-Anne Dempster, CAO Resolution Number: By-law Number: File Number: CL2024-15 Report Subject: Diane Hamre Recreation Complex Dehumidification Equipment Recommendations: 1. That Report FSD-025-24, be received; 2. That HTS Engineering with a total bid amount of $677,796.70 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2024-15 be awarded the contract for the supply of dehumidification equipment, as required by the Community Services Division; 3. That the total funds required for this project is $677,796.70 (Net HST Rebate), is in the approved budget allocation as provided and be funded from the following account: Description Account Number Amount DHRC – Building Improvements 110-42-421-84244-7401 $677,797 4. That all interested parties listed in Report FSD-025-24, and any delegations be advised of Council’s decision. Page 150 Municipality of Clarington Page 2 Report FSD-025-24 Report Overview To request authorization from Council to award CL2024-15 for the supply of dehumidification equipment for the Diane Hamre Recreation Complex. 1. Background 1.1 Tender specifications and drawings were prepared by CIMA Canada Inc. and provided by the Community Services Division to the Purchasing Services Division. The scope of work included the supply of dehumidification equipment for the Diane Hamre Recreation Complex. 1.2 Tender CL2024-15 was issued by the Purchasing Services Division and advertised electronically on the Municipality’s website. 1.3 Seven companies registered as official plan takers. The tender document included two non-mandatory site visits. Four companies attended the mandatory site visits. 2. Analysis 2.1 The tender closed on April 25, 2024. 2.2 Two submissions were received in response to the tender call (see attachment 1). One submission received included restrictive conditions and did not include all the specified requirements; therefore, their submission was deemed non-compliant. The compliant submission was forwarded to the Community Services Division for their review and consideration. 2.3 HTS Engineering has completed work for the Municipality in the past with satisfactory results. 2.4 After review and analysis of the bid by the Community Services Division and the Purchasing Services Division, it was mutually agreed that the low compliant bidder HTS Engineering be recommended for the award of CL2024-15. 3. Financial Considerations 3.1 The total funds required for this project in the amount of $677,796.70 (Net HST Rebate) is in the approved budget allocation as provided and be funded by the Municipality as follows: Page 151 Municipality of Clarington Page 3 Report FSD-025-24 Description Account Number Amount DHRC – Building Improvements 110-42-421-84244-7401 $677,797 3.2 Queries with respect to the division needs should be referred to the Director of Community Services. 4. Strategic Plan The replacement of the dehumidification equipment at the Diane Hamre Recreation Complex supports strategic plan priority L.2.5 - Maintain, protect, and invest in Municipal infrastructure and assets. 5. Concurrence This report has been reviewed by the Deputy CAO, Public Services who concurs with the recommendations. 6. Conclusion It is respectfully recommended that HTS Engineering with a total bid price of $677,796.70 (Net HST Rebate) being the low compliant bidder be awarded the contract for the supply of dehumidification equipment for the Diane Hamre Recreation Complex, in accordance with the terms, conditions and specifications of Tender CL2024-15 Staff Contact: Sandra McKee, Acting Purchasing Manager, 905-623-3379 ext. 2210 or smckee@clarington.net. Attachments: Attachment 1 - Summary of Bid Results Interested Parties: List of Interested Parties available from Department. Page 152 Municipality of Clarington Page 4 Report FSD-025-24 Attachment #1 Municipality of Clarington CL2024-15 Diane Hamre Recreation Complex Dehumidification Equipment Bid Summary Bidder Total Bid Price (Including HST) Total Bid Price (Net HST Rebate) HTS Engineering $752,663.39 $677,796.70 Kilmer Environmental Non-Compliant Non-Compliant Page 153 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: May 6, 2024 Report Number: LGS-017-24 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: Authored By: Lindsey Turcotte, Committee Coordinator File Number: By-law Number: Report Subject: Appointments to the Accessibility Advisory Committee, Newcastle Hall Board, Orono Business Improvement Area, and Samuel Wilmot Nature Area Management Advisory Committee Recommendations: 1. That Report LGS-017-24, and any related delegations or communication items, be received; 2. That the resignation of Samantha Hansen, from the Samuel Wilmot Nature Area Management Advisory Committee, Diana Stephenson, from the Orono Business Improvement Area, and John Bate from the Committee of Adjustment Committee, be received with thanks; 3. That Heather Maitland be appointed to the Orono Business Improvement Area until December 31, 2026, or until a successor is appointed; 4. That the Committee consider the applications for appointments to the Accessibility Advisory Committee, Newcastle Hall Board, and Samuel Wilmot Nature Area Management Advisory Committee, and that the vote be conducted to appoint the citizen representatives, in accordance with the Appointment to Boards and Committees Policy; and 5. That all interested parties listed in Report LGS-017-24 and any delegations be advised of Council’s decision. Page 154 Municipality of Clarington Page 2 Report LGS-017-24 Report Overview This report is intended to provide background information, regarding the vacancies on the Accessibility Advisory Committee, Newcastle Hall Board, Orono Business Improvement Area and the Samuel Wilmot Nature Area Management Advisory Committee to assist in the appointment process. 1. Accessibility Advisory Committee (AAC) 1.1 At the March 4, 2024, General Government Committee meeting, Council approved the new Terms of Reference, which included an increase in members to the AAC. The Committee composition was changed from 7 to 8 citizen members. 1.2 The Committee requirements are as follows:  The majority of Committee members (at least 50 per cent) shall be persons with disabilities. If this requirement is not met, the Committee can still meet while vacancies are being advertised;  Members must be residents of Clarington;  Members must have awareness and knowledge of the Accessibility for Ontarians with Disabilities Act (AODA) and its standards;  Members must have awareness and knowledge of disability and accessibility issues;  Members must be familiar with Clarington’s goods, services, and facilities. 1.3 Currently, the AAC has 6 citizen members, therefore Committee may appoint 2 residents, who are persons with disabilities, for a term ending December 31, 2026, or until a successor is appointed. 1.4 The following have put forward an application for consideration:  Allison Speight  Beverley Oda  Jeannine Raymond  Barbara Henn  Laura McClelland  Stacey Fuller Page 155 Municipality of Clarington Page 3 Report LGS-017-24 2. Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC) 2.1 At the March 4, 2024, General Government Committee meeting, Council approved the new Terms of Reference, which included an increase in members for the SWNAMAC. The Committee composition was changed from 10 to 11 citizen members. 2.2 The Committee requirements are as follows:  All members must be residents of Clarington, should possess various skills, and participate in the implementation of the Environmental Management Plan (EMP). The required skills are as follows: o Technical– interpret the EMP, recommend the annual work plan and provide leadership during the implementation of projects and monitoring. o Public Relations – create a public relations strategy focusing on public awareness, education, and promoting the site. o Fundraising – create a fundraising strategy aimed at soliciting private funds, donations-in-kind, and investigating charitable status. o Volunteer support – responsible for soliciting volunteers and organizing work programs.  The Committee shall be supported by volunteers, who can be any individuals from the public who possess various skills or who have an interest in the site and are willing to participate in protection/enhancement projects or other aspects such as fundraising, writing, leading walking tours, tree planting, collecting litter, trailblazing, etc. 2.3 The Clerk’s Division received a resignation from Samantha Hansen who was appointed to the SWNAMAC in January 2023 for a term ending December 31, 2026, or until a successor is appointed. 2.4 Currently, the Committee has 9 citizen members, therefore Committee may appoint 2 residents for a term ending December 31, 2026, or until a successor is appointed. 2.5 The following have put forward an application for consideration:  Kayla Stephens  Meg Vandenbrink  Gregory Smith Page 156 Municipality of Clarington Page 4 Report LGS-017-24 3. Newcastle Hall Board 3.1 At the March 4, 2024, General Government Committee meeting, Staff were authorized to re-advertise for the one remaining vacancy on the Board, for a term ending December 31, 2024. 3.2 Accordingly, Committee may appoint one member to the Board, who must be a resident of the Village of Newcastle. The following Village of Newcastle Residents have put forward an application for consideration:  Deanne Frost  Vincent Wong 4. Orono Business Improvement Area (BIA) 4.1 The Orono BIA’s terms of reference state that four directors shall be selected by a vote of the membership of the BIA and appointed by the Municipality. 4.2 The Clerk’s Division received a resignation from Diana Stephenson, who was appointed to the Orono BIA in January 2023 for a term ending December 31, 2026, or until a successor is appointed. The BIA now has three members. 4.3 Accordingly, the Orono BIA has selected Heather Maitland as the fourth board member, for Council appointment. 5. Committee of Adjustment (COA) 5.1 The Clerk’s Division received a resignation from John Bate, who was appointed to the Committee of Adjustment in January 2023 for a term ending December 31, 2026, or until a successor is appointed. 5.2 Accordingly, Committee may appoint one member to the COA for a term ending December 31, 2026, or until a successor is appointed. Following our Appointment to Boards and Committees Policy, Staff contacted the applicants on file and the following have put their names forward for consideration:  Bernard Sanchez  Dave Brandreth  David Prashad  Emilia Gruyters  Funmi (Elizabeth) Adedeji  Jim Vinson  Kevin Thompson  Robert Livingstone  Sebastien Hersco  Wendy Partner Page 157 Municipality of Clarington Page 5 Report LGS-017-24 6. Advertising and Applications 6.1 The Municipal Clerk’s Division placed an advertisement on the Municipality’s website, www.clarington.net/Commitees, to fill the vacancies on the Accessibility Advisory Committee, Samuel Wilmot Nature Area Management Advisory Committee, and the Newcastle Hall Board. 6.2 To extend the reach of our advertisements for vacancies, the Clerk’s Division has created a profile on the www.claringtonvolunteers.ca website. Vacancies on the above- noted Committee’s were listed on the Clarington Volunteers website. 6.3 In accordance with the “Appointment to Boards and Committees Policy”, a confidential application package has been attached, as Attachment 1. 7. Financial Considerations Not applicable. 8. Strategic Plan L.4.1: Increase opportunities for civic engagement and public participation. 9. Concurrence Not Applicable. 10. Conclusion It is respectfully recommended that Committee consider the appointments to the Accessibility Advisory Committee, Samuel Wilmot Nature Area Management Advisory Committee, Orono Business Improvement Area, and the Newcastle Hall Board. Staff Contact: Lindsey Turcotte, Committee Coordinator, 905-623-3379 ext. 2106 or LTurcotte@clarington.net. Attachments: Attachment 1 – Confidential Application Package Interested Parties: The following interested parties will be notified of Council's decision: All applicants Accessibility Advisory Committee Page 158 Municipality of Clarington Page 6 Report LGS-017-24 Committee of A Newcastle Village Community Hall Board Orono Business Improvement Area Samuel Wilmot Nature Area Management Advisory Committee Page 159 MUNICIPALITY OF CLARINGTON GENERAL GOVERNMENT COMMITTEES MEETING RESOLUTION # DATE: April 8, 2024 MOVED BY Councillor Rang SECONDED BY Councillor Whereas the homelessness crisis is taking a devastating toll on families and communities, undermining a healthy and prosperous Ontario, and that Council accepts that the responsibility to address these challenges rests with community stakeholders, partners, and residents as well as regional, federal, and provincial governments and agencies; and Whereas the Municipality of Clarington recognizes the challenges of mental health, addictions, and homelessness, which are complex issues that have a significant and detrimental impact on the residents of the Municipality of Clarington and surrounding areas within Ontario; and Whereas addressing and responding to these issues has placed extreme stress on all levels of regional, municipal, and non-municipal programs and services, including various not-for-profit organizations and provincially funded health services within the Municipality of Clarington and surrounding areas; Now Therefore Be It Resolved That the Municipality of Clarington acknowledge that homelessness in Ontario is a social, economic and health crisis, including people with substance use disorders; That the Municipality of Clarington commits to ending homelessness in the community in collaboration with the Region, and both the Provincial and Federal governments; and That the Municipality of Clarington call on the Region, the Province, and Federal governments to increase action and supports on the following:  Commit to ending homelessness in Ontario;  Work with the Association of Municipalities of Ontario (AMO) and a broad range of community, health, and economic partners to develop, resource, and implement an action plan to achieve this goal;  Provide a long-term financial commitment to assist in the creation of more affordable and supportive housing for people in need, in Durham Region, including people with substance use disorders; and Page 160  Increase investments in evidence informed substance use prevention and mental health promotion initiatives that provide foundational support for the health, safety and well-being of individuals, families, and neighbourhoods, beginning from early childhood; and That a copy of this motion be sent to the Premier of Ontario; the Minister of Municipal Affairs and Housing; the Minister of Children, Community and Social Services; the Minister of Health; the Minister of the Solicitor General; the Minister of Finance; the Chief Medical Officer of Health; local MPs and MPPs; and the Association of Municipalities of Ontario. Page 161 MUNICIPALITY OF CLARINGTON GENERAL GOVERNMENT COMMITTEE MEETING RESOLUTION # DATE: May 6, 2024 MOVED BY Councillor Zwart SECONDED BY Councillor Whereas other municipalities have developed a mechanism to allow for “recreational campfires in urban areas”; Now therefore be it resolved: 1. That Emergency and Fire Services Staff be directed to prepare a report for the Fall of 2024 reviewing Clarington’s Open Air Burning By-law; 2. That the report contemplate the inclusion of a framework/regulations to allow residential burning/campfires on properties that meet a defined size and location threshold; and 3. That the review include best practices from other municipalities. Page 162