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HomeMy WebLinkAbout01-25-2016 l General Govern-ment Committee Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers, 2 nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario r Inquiries &Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambers(cD-clarington.net. f` Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Noon Recess: Pleas&—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. Copies of Reports are available at www.clarington.net r General Government Committee Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers 1 Call to Order 2 New Business -- Introduction 3 Adopt the Agenda 4 Disclosures of Pecuniary Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 Minutes of a Regular Meeting of January 4, 2016 6-1 7 Delegations 7.1 Sheila Hall, Executive Director, Clarington Board.of Trade, Regarding an Economic Development Update 8 Communications - Receive*for Information 8.1 Minutes of the Tyrone Community Centre dated September 16, October 8-1 21, November 18, and December 16, 2015 8.2 Minutes of the Kawartha Conservation Authority dated November 25, 2015 8-5 8.3 Minutes of the Regional Municipality of Durham, Energy from Waste — 8-9 Waste Management Advisory Committee dated November 17, 2015 8.4 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional 8-18 Municipality of Durham — Update and Feedback to the Province on Ontario's Proposed Cap and Trade Program Design Options 8.5 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional 8-39 Municipality of Durham,— Proposal Regarding an Ontario Climate Resilience Fund 8.6 Brian McGee, Senior Vice President, Ontario Power Generation — 8-57 Pickering Nuclear—Letter to Canadian Nuclear Safety Commission Re: Pickering Nuclear Generating Station v Page 1 General Government Committee9 .C-IaOB9 Oil Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers 8.7 Kyle Fitzgerald, Chair, Durham Youth Council — GO Train Extension to 8-70 Bowmanville 9 Communications -- Direction 9.1 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional 9-1 Municipality of Durham — Integrity Commissioner and Code of Conduct: Bill 8 —Public and MPP Accountability and Transparency Act, 2014 (Motion to advise the Region of Durham of actions taken in 2013; and that the Municipality of Clarington will not be participating with the Region of Durham in the Request for Proposal process for sending proposals -for an Integrity Commissioner) 9.2 Carol Hall Regarding the Treatment of Animals at the Bowmanville Zoo 9-25 i (Motion to refer the correspondence from Carol Hall, regarding the treatment of animals at the Bowmanville Zoo,- to the Ontario Society for the Protection of Cruelty to Animals) 10 Presentations No Presentations ° 11 Engineering Services Department 1 11.1 EGD-003-16 Monthly Report on Building Permit Activity for October, 11-1 November, and December 2015 11.2 EGD-004-16 Port of Newcastle Subdivision Phase 2 West Stage 4, 11-7 Newcastle, Plan 40M-2375 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works 11.3 EGD-005-16 Valiant Subdivision Phase 5, Bowmanville, Plan 40M-2363 11-12 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works Page 2 0 General Government Committee A9 enda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers 11.4 EGD-006-16 Westvale Subdivision Phase 2, Courtice, Plan 40M-2353 11-18 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other.Related Works 11.5 EGD-007-16 Headgate Subdivision, Courtice, Plan 40M-2452 `Certificate 11-23 of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works 12 Operations Department No Reports 13 Emergency and Fire Services Department No Reports 14 Community Services Department 14.1 CSD-001-16 Newcastles of the World 14-1 14.2 CSD-002-16 Sponsorship Requests from the Community Living 14-16 Oshawa/Clarington, VON Durham and Concerts in the Park Bowmanville 15 Municipal Clerk's Department 15:1 CLD-007-16 Appointments to Energy From Waste—Waste 15-1 Management Advisory Committee 15.2 CLD-008-16 Municipal Ombudsman 15-12 15.3 CLD-009-16 Private Property Parking Enforcement 15-1.9 16 Corporate Services Department No Reports 17 Finance Department No Reports ` Page 3 clar ana, General Government Committee Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers { 13 Solicitors Department 18:1 LGL-00.1-16 Orono Business Improvement Area By-law 18-1 19 Chief Administrative Office No Reports 20 New Business - Consideration 21 Unfinished Business I` 21.1 CLD-004-16 Election Sign By-law-Sign Placement Portion 21-1. Is [Referred from the January 18, 2016 Council meeting.] [Memorandum from Anne Greentree, Municipal Clerk, to be distributed under separate cover.] 22 Confidential Reports ii No Reports 23 Adjournment j i i b Page 4 . General Government Committee ClaringtonMinutes January 4, 2016 i Minutes of a meeting of the General Government Committee held on Monday, January 4, 2016 at 9:30 AM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor W. Woo Regrets: Councillor Traill Staff Present: F. Wu, R. Albright, A. Allison, S. Brake, J. Caruana, L. Gordon, M. Marano, G. Weir, J. Gallagher, M. Chambers 1 Call to Order Mayor Foster called the meeting to order at 9:31 AM. j 4 I„ I 2 Neter Business — Introduction Councillor Hooper added a new business item, regarding well interference on the west side of Regional Road 57, be added to the New Business — Consideration section of the Agenda. 3 Adopt the Agenda i' Resolution #GG-001-16 Moved by Councillor Hooper, seconded by Councillor Cooke That the Agenda be adopted as presented, with the addition of the new business item regarding well interference on the west side of Regional Road 57. Carried 4 Disclosures of Pecuniary Interest There were no disclosures of pecuniary interest stated at this meeting. 5 Announcements i Members of Council announced upcoming community events and matters of community I i interest. F 6--1 i General Government Committee ClaringtonMinutes January 4, 2016 6 Adoption of Minutes of Previous Meeting Resolution #GG-002716 Moved by Councillor Woo, seconded by Councillor Partner That the minutes of the regular meeting of the General Government Committee meeting held on November 30, 2015, be approved. Carried 7 Delegations 7.1 Libby Racansky Regarding a Request for Changes to the Tree By-law Libby Racansky was present regarding a request for changes to the Tree By-law. She made a verbal presentation to accompany an electronic presentation and a handout. Ms. Racansky explained that the current Tree By-law 97-35 needs to be updated. She reviewed the projected amount of trees that will be removed as a result of the Highway 407 project, the current By-law, and highlighted several quotes from various organizations to support the maintenance of wetlands. Ms. Racansky continued by reviewing the consequences of losing wetlands and forest in the greenbelt and waterfront. She concluded by asking for the Tree By-law to be updated, that the Municipality request that the Region of Durham to update their Tree By-law, that a: landscape restoration plan be prepared for the Highway 407 project, and that the greenbelt lands be relocated to Clarington streams. Alter the Agenda Resolution #GG-003-16 Moved by Councillor Neal, seconded by Councillor Cooke That the Agenda be altered to consider Communication item 9.4 from Libby Racansky regarding a request for changes to the Tree By-law, at this time. Carried Resolution #GG-004-16 Moved by Councillor Neal, seconded by Councillor Woo That the delegation of Libby Racansky and Communication item 9.4 from Libby Racansky regarding a request for changes to the Tree By-law, be referred to Staff. Carried - 2 - 6-2 General Government Committee Minutes Clarington January 4, 2016 i 7.2 Jeany Barrett Regarding Newcastles of the World Jeany Barrett was present regarding the Newcastles of the World. She made a verbal presentation to accompany an electronic presentation. Ms. Barrett noted the Newcastles of the World Conference is being held in Clarington 'September 19 to 23, 2016. She reviewed the previous host countries and noted that the 2016 World Conference is being held in Canada. Ms. Barrett reviewed the declaration, the Municipality's resolution supporting Newcastles of the World Summit, and the Newcastles of the World Steering Committee. She continued by providing an overview of the projected budget, a sample day of the conference, the youth in involved in the event, income details, financial administration, benefits to Clarington, Council support, and the contingency plan. Resolution #GG-005-16 Moved by Councillor Woo, seconded by Councillor Partner That the Rules of Procedure be suspended to allow the delegation of Jeany Barrett to j be extended for an additional two minutes. Carried Ms. Barrett thanked Clarington Staff for their support and assistance. She continued by i requesting that the Newcastle of the World Steering Committee become a Committee of Council, that the Municipality provide administrative and financial support for the conference in the amount of$20,000, and that the Municipality provided support during the conference. Ms. Barrett concluded by showing the video of the "Mayor's Favourite Spot in Newcastle", highlighted an email from David Faulkner, and thanked the Committee. Resolution #GG-006-16 r Moved by Councillor Woo, seconded by Councillor Partner That the delegation of Jeany Barrett regarding Newcastles of the World, be received with thanks; and That the requests of the Newcastles of the World Steering Committee, be referred to Staff to prepare a report to the January 25, 2016 General Government Committee �? meeting. Carried h F i - 3 - 6-3 General Government Committee Clar-ingtonMinutes January 4, 2016 8 Communications - Receive for Information 8.1 Minutes of the Kawartha Conservation Authority dated October 28, 2015 Resolution #GG-007-16 Moved by Councillor Woo, seconded by Councillor Partner That the Communication Item 8.1, regarding the Minutes of the Kawartha Conservation Authority, be received for information. Carried 8.2 Minutes of the Newcastle Community Hall Board dated October 20, 2015 Resolution #GG-008-16 Moved by Councillor Neal, seconded by Councillor Hooper That the Communication Item 8.2, regarding the Minutes of the Newcastle Community Hall Board, be received for information. Carried 8.3 Gary Cole, President, West Beach Association — Annual Progress Report Resolution #GG-009-16 Moved by Councillor Woo, seconded by Councillor Hooper That the Communication Item 8.3, regarding the West Beach Association —Annual Progress Report, be referred to Staff. Carried Later in the meeting (See following motion) Resolution #GG-010-16 Moved by Councillor Neal, seconded by Councillor Partner That the foregoing Resolution #GG-009-16 be amended by adding the following at the end: "to prepare a report to Committee the General Government Committee meeting of January 25, 2016." Motion Lost The foregoing Resolution #GG-009-16 was then put to a vote and carried. - 4 - 6-4 General Government Committee ClaringtonMinutes January4, 2016 9 Communications — Direction 9.1 Martin Field, PAWS-4 Durham - Feral Cats and Establishing.a Trap Neuter Return Program in Clarington Resolution #GG-011-16 Moved by Councillor Hooper, seconded by Councillor Partner That Correspondence Item 9.1 from Martin Fields, PAWS-4 Durham - Feral Cats and Establishing a Trap Neuter Return Program in Clarington, be referred to the consideration of Report CLD-002-16, Feral Cat Trap Neuter Return. Carried 9.2 H.S. Hughes, Mayor, Township of Oro Medonte — Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) Resolution #GG-012-16 Moved by Councillor Woo, seconded by Councillor Partner That the following Township of Oro-Medonte resolution, regarding the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), be endorsed by the Municipality of Clarington: Whereas the Council of The Corporation of the Township of Oro-Medonte recognizes that pursuant to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"), it has an obligation to provide a right of access to the public to information under its control, with limited and specific exemptions and to protect the privacy of individuals with respect to their personal information held by the Township; And Whereas Ontario Regulation 823 issued under MFIPPA sets out the fees that may be charged to and collected from those persons making a request for access to records; And Whereas the amount of the fees set out in Ontario Regulation 823 were established over 20 years ago and have not been updated and do not reflect anywhere near the actual costs incurred; And Whereas such fees do not cover the actual costs incurred in responding to requests for information and for providing access to records in accordance with j the provisions of MFIPPA; And Whereas in the last year the Township has incurred almost $60,000 in net costs, including for computer forensic assistance and for legal advice, in - 5 - 6-5 General Government Committee ClaringtonMinutes January 4, 2016 responding to requests and in simply issuing fee estimates for access to requested records; z And Whereas after considerable staff time and costs incurred to issue various fee estimates for access to requested records, 3 fee estimates were appealed to the Information and Privacy Commissioner of Ontario, pursuant to MFIPPA, and the requester subsequently chose not to proceed with the appeals and chose to not proceed with any of the 3 requests; And Whereas in such situations there is no mechanism in MFIPPA or in Ontario Regulation 823 that would allow the Township to recover any of the substantial fees incurred, leaving such costs as a burden to the Township's taxpayers; Now therefore the Council of The Corporation of the Township of Oro-Medonte resolves that correspondence, under the Mayor's signature, be forwarded to the Minister of Municipal Affairs and Housing to request a review and update of the fees provisions in MFIPPA and in Ontario Regulation 823 to ensure that they are more reflective of current and actual costs incurred in responding to requests for access to requested records and to ensure they include provisions for the collection of all or part of the costs involved in preparing fee estimates for requesters; and That such letter be circulated to County of Simcoe, Cities of Barrie and Orillia, Simcoe County Municipalities, all other Ontario Municipalities, Patrick Brown, Simcoe North MPP, the Association of Municipalities of Ontario and the Association of Municipal Managers, Clerks and Treasurers of Ontario for their support. Carried 9.3 Gun Koleoglu, Our Horizon — Climate Change Warning Labels on Gas Pumps Resolution #GG-013-16 Moved by Councillor Neal, seconded by Councillor Cooke That the Communication Item 9.3 from Gun Koleoglu, Our Horizon — Climate Change Warning Labels on Gas Pumps, be received for information. Carried 9.4 Libby Racansky - Request for Changes to the Tree By-law Correspondence Item 9.4, Libby Racansky- Request for Changes to the Tree By-law, was considered earlier in the meeting during the delegation portion of the agenda. - 6 - 6-6 I General Government Committee C1aFjBgt0,UMinutes January 4, 2016 9.5 Kim Coates, Interim Municipal Clerk, Township of Scugog —.New Business/General Information: High Speed Internet Resolution #GG-014-16 i Moved by Councillor Woo, seconded by Councillor Cooke That the following Township of Scugog resolution, regarding high speed internet, be i endorsed by the Municipality of Clarington: Whereas Canada is reported as being unable to compete with global economy being hampered by the inability to connect efficiently and effectively; And Whereas Canada needs to compete globally to achieve higher employment opportunities and economic growth; And Whereas Canada is a country rich in natural resources but high unemployment, due in part to lack of opportunities for international trade and commerce; Therefore be it resolved that the Township of Scugog calls on Durham Region and its member municipalities to challenge the provincial and federal governments through AMO and FCM to bring Canada into the global market through expanding efficient and effective high speed internet to not only large urban centres, but also our vibrant rural areas. Carried 9.6 Jason Hagan, LAS Program Manager, Association of Municipalities of Ontario — One Investment Program I: Resolution #GG-015-16 4 E G Moved by Councillor Woo, seconded by Councillor Hooper That the following Association of Municipalities of Ontario resolution,.regarding One Investment Program, be endorsed by the Municipality of Clarington: Whereas municipalities are required to invest their reserves in accordance with the Municipal Act, 2001 and Ontario Regulation 438/97 (as amended), which specifically outlines allowable investments; And Whereas to ensure the sustainability and sound stewardship of the municipality's investments, the municipality is of the opinion that changes should be made to the Municipal Act, 2001 and Ontario Regulation 438/97 (as amended), to allow for the prudent investment of reserves, if those investments are professionally managed and part of a broader investment strategy; - 7 - 6-7 General Government Committee Clar*wnMinutes January 4, 2016 And Whereas the Prudent Investor Standard is an industry accepted best . practice in effectively managing a portfolio of investments, and the Standard applies to investments, not in isolation, but in the context of the portfolio of investments and as part of an overall strategy, that should incorporate acceptable risk and return objectives suitable to the stakeholders; And Whereas the Province is proposing to confer "Prudent Investor" status on the City of Toronto to enable greater diversification in portfolio management, And Whereas the Association of Municipalities of-Ontario (AMO), Local Authority Services (LAS), and the Municipal Finance Officers Association of Ontario (MFOA), have long requested that the Prudent Investor Standard apply to municipal investments that are invested with The One Investment Program; And Whereas in 2005, municipalities were granted the ability to invest in longer- term corporate bonds and Canadian equity investments via only the One Investment Program, and the One Investment Program has demonstrated strong investment returns for municipalities within these 'new' investment sectors; And Whereas the institutional portfolio managers utilized by the One Investment Program recommend that the Prudent Investor Standard approach is a more appropriate approach to investing; And Whereas the operating municipal investments under the Prudent Investor Standard is precluded by the Municipal Act, Eligible Investments, in its current form; and Therefore be it resolved that Council support the request of AMO, LAS, and MFOA to amend Ontario Regulation 438/97 (as amended) of the Municipal Act, 2001, to allow for municipalities to invest in a fashion consistent with the Prudent Investor Standard, if such investments are through the One Investment Program. Carried 9.7 Councillor Don Kett, Township of Scugog, Director, Kawartha Region Conservation Authority — Greenbelt Municipalities Resolution #GG-016-16 Moved by Councillor Hooper, seconded by Councillor Partner That the Communication Item 9.7 from-Councillor Don Kett, Township of Scugog, Director, Kawartha Conservation Authority— Greenbelt Municipalities, be endorsed by the Municipality of Clarington. Motion Lost - 8 - 6-8 General Government Committee Uadiwn Minutes January 4, 2016 Resolution #GG-017-16 Moved by Councillor Neal, seconded by Councillor Cooke That the Communication Item 9.7 from Councillor Don Kett, Township of Scugog, Director, Kawartha Conservation Authority— Greenbelt Municipalities, be received for information. Carried 10 Presentations No Presentations is Recess Resolution #GG-018-16 Moved by Councillor Partner, seconded by Councillor Neal That the Committee recess for five minutes. Carried The meeting reconvened at 11:16 AM with Councillor Neal in the Chair. 11 Engineering Services Department 11.1 EGD-001-16 Bond Springfield Subdivision Phase 4, Courtice, Plan 40M-2474 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works Resolution #GG-019-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Report EGD-001-16 be received; That the Director of Engineering Services be authorized to.issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2474;' That Council approve the by-law attached to Report EGD-001-16 assuming certain streets within Plan 40M-2474 and adjacent Plans 40R-18124 and 40R-26039 as public highways; and That all interested parties listed in Report EGD-001-16 be advised of Council's decision. Carried - 9 - 6-9 General Government Committee ClaringtonMinutes January 4, 2016 11.2 EGD-002-16 Orono Parking Study Update Resolution #GG-020-16 Moved by Councillor Partner, seconded by Councillor Woo That Report EGD-002-16 be received; That agreements between business owners be formalized to provide off-street private shared parking for employees as well as patrons and customers where possible; That the Municipality continue to provide parking enforcement to assist with long term parking violators; and That the Orono Downtown Business Improvement Area board of directors, the Orono Community Improvement Plan committee members and other interested stakeholders be advised of the parking study update results. Carried Councillor Partner chaired this portion of the meeting. 12 Operations Department 12.1 OPD-001-16 Cemetery By-Law Amendment Resolution #GG-021-16 Moved by Councillor Hooper, seconded by Councillor Neal That Report OPD-001-16 be received; and That the draft amending By-law (Attachment#1 to Report OPD-001-16), be approved. Carried 12.2 OPD-002-16 Emerald Ash Borer Update Resolution #GG-022-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Report OPD-002-16 be received for information; That Council acknowledge an over-budget expenditure of$99,141.20 in the 2015 Operations Department brush/tree - contract account, that has been offset by the Operations Department 2015 gravel patch/resurfacing account, to provide for the removal and replacement of approximately two hundred and forty Ash trees affected by the Emerald Ash Borer beetle; - 10 - 6-10 General Government Committee Clarington Minutes January 4, 2016 That Council provide pre-budget approval for the 2016 brush/tree — contract account, in the amount of $123,521.21, net HST, to proceed with the award of an existing tender for the removal of another eight hundred and thirty infected Ash trees throughout the municipality; That Council provide direction on the approval of a $125,000 budget in the brush/tree — contract account, from 2017 to 2019, inclusive, to continue with the removal of the remaining Ash trees in the municipality; That Council consider, during the 2016 budget process, an additional budget of $188,000 in the 2016 brush/tree — contract account to replant an estimated six hundred Ash trees that will be removed from boulevards; That Council consider, during the 2017 to 2019 budget process, an additional budget of $188,000, in the brush/tree — contract account, until all of the twenty-five hundred boulevard Ash trees have been replaced. Carried Later in the meeting (See following motion) Suspend the Rules ' Resolution #GG-023-16 Moved by Councillor Neal, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow Members of Committee to speak to C the matter of the foregoing Resolution #GPA-022-16 a second time. j Carried The foregoing Resolution #GG-022-16 was then put to a vote and carried. 13 Emergency and Fire Services Department No Reports for this section of the Agenda. 14 Community Services Department No Reports for this section of the Agenda. r 6-11 General Government Committee Clar*wnMinutes January 4, 2016 Mayor Foster chaired this portion of the meeting. 15 Municipal Clerk's Department 15.1 CLD-001-16 Snow Removal By-law Amendment Resolution #GG-024-16 That Report CLD-001-16 be received; That the costs for the Municipality to remove snow, slush or ice from any sidewalk where the owner/occupant has failed to remove it, be amended to reflect the fees detailed in Report CLD-001-16; That the draft by-law, included as Attachment 1 to Report CLD-001-16, be approved; and That all interested parties listed in Report.CLD-001-16 and any delegations be advised of Council's decision. Carried 15.2 CLD-002-16 Feral Cat Trap Neuter Return Resolution #GG-025-16 Moved by Councillor Neal, seconded by Councillor Partner That Report CLD-002-16 be received; That Council approve a Trap Neuter�Release (TNR) program, in principle; That the Animal Services Manager and Shelter Staff be authorized to work with TNR interest groups and utilize established working group's findings to establish a TNR program that is suitable to all of Clarington's Residents; and That all interested parties listed in Report CLD-002-16, and any delegations, be advised of Council's decision. Carried 15.3 CLD-003-16 2015 Accessibility Annual Status Update Resolution #GG-026-16 Moved by Councillor Partner, seconded by Councillor Hooper That Report CLD-003-16 be received for information. Carried - 12 - 6-12 General Government Committee Cladtwn Minutes January 4, 2016 Suspend the Rules Resolution #GG-027-16 Moved by Councillor Hooper, seconded by Councillor Cooke That the Rules of Procedure be suspended to allow the Committee to extend the j meeting until 12:10 PM. Suspend the Rules Resolution #GG-028-16 Moved by Councillor Hooper, seconded by Councillor Cooke That the Rules of Procedure be suspended to allow members of Committee to speak to � Resolution #GG-026-16 a second time. Carried i 15.4 CLD-004-16 Election Signs Resolution #GG-029-16 ,Moved by Councillor Cooke, seconded by Councillor Hooper That Report CLD-004-16 be received; That the By-law, attached to Report CLD-004-16, as Attachment 1 to regulate Election Signs, be approved; i That By-law 2010-015, being an amendment to By-law 2009-123, be repealed; and That all interested parties listed in Report CLD-004-16 and any delegations be advised of Council's actions: Carried as Amended Later in the meeting (See following motion) r Recess Resolution #GG-030-16 i Moved by Councillor Neal, seconded by Councillor Cooke i That the Committee recess for one hour. Carried The meeting reconvened at 1:04 PM with Mayor Foster in the Chair. - 13 - 6-13 General Government Committee ClaringtonMinutes January 4, 2016 15.4 CLD-004-16 Election Signs— Continued Resolution #GG-031-16 Moved by Councillor Neal, seconded by Councillor Cooke That the foregoing Resolution #GG-029-16 be amended by adding the following to the end of Paragraph two: "with the following amendment: That Section 16(d) of the proposed By-law, be deleted." Carried Suspend the Rules Resolution #GG-032-16 Moved by Councillor Neal, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #GPA-031-16 a second time. Carried Resolution #GG-033-16 Moved by Councillor Neal, seconded by Councillor Partner That the foregoing Resolution #GG-029-16 be amended by adding the following to the end of Paragraph two: "with the following amendment: That Section 10 of the proposed By-law, be deleted." Motion Lost The foregoing Resolution #GG-029-16 was then put to a vote and carried as amended. Alter the Agenda Resolution #GG-034-16 Moved by Councillor Hooper, seconded by Councillor Cooke That the Agenda be altered to consider Report CLD-005-16, E-Agenda Software Project, at this time. Carried - 1'4 - 6-14 General Government Committee Clat*ywn Minutes January 4, 2016 Closed Session Resolution #GG-035-16 Moved by Councillor Hooper, seconded by Councillor Partner That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Carried Rise and Report I The meeting resumed in open session at 2:00 PM with Mayor Foster in the Chair. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. 22.1 CLD-005-16 E-Agenda Software Project i Resolution #GG-036-16 I Moved by Councillor Cooke, seconded by Councillor Hooper That Report CLD-005-16 be received for information. Carried i 16 Corporate Services Department 16.1 COD-001-16 Courtice Main Street Community Improvement Plan Resolution #GG-037-16 i That Report COD-001-16 be received; That approval be granted for the Municipality to award Request for Proposal RFP2015-12 for the provision of Courtice Main Street Community Improvement Plan to r Dillon Consulting Limited, being the highest ranked proposal meeting all terms, conditions and specifications of the aforementioned Request for Proposal; and i That the funds required in the amount of$59,245.38 (net HST Rebate) be drawn from the following account: i` - 15 - 6-15 GClarftwaeneral Government Committee Minutes January 4, 2016 Unclassified Administration — Professional Fees 100-21-211-00000-7161 $59,245.38 Motion Referred (See following motion) Resolution #GG-038-16 Moved by Councillor Hooper, seconded by Councillor Neal That Report COD-001-16, regarding Courtice Main Street Community Improvement Plan, be referred to the January 11, 2016 Planning and Development Committee meeting. Carried 16.2 COD-002-16 John Howard Society — Lease Extension- 132 Church Street, Bowmanville Community Living Oshawa/Clarington — Lease Extension- 132 Church Street, Bowmanville Resolution #GG-039-16 Moved by Councillor Cooke, seconded by Councillor Woo That Report COD-002-16 be received; That approval be granted for the Municipality to extend the lease agreement with the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of$15,129.5 per year (inclusive of H.S.T) for a five year period commencing on January 1, 2016 and subject to a yearly rate increase based on the Consumer Price Index, All Items, Ontario (most recent month)the Lease Extension for the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of$15,129.5 per year for the term of January 1, 2016 to December 31, 2020, be approved; That approval be granted for the Municipality to extend the lease agreement with the Community Living Oshawa / Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of$15,129.5 per year (inclusive of H.S.T) prorated on a month by month period commencing on January 1, 2016 until they are able to relocate; and That the Mayor and the Municipal Clerk be authorized to execute the lease extension agreements with the John Howard Society and Community Living Oshawa / Clarington. Carried - 16 - 6-16 General Government Committee CladiwwaMinutes January 4, 2016 17 Finance Department No Reports for this section of the Agenda. 18 Solicitors Department No Reports for this section of the Agenda. 19 Chief Administrative Office No Reports for this section of the Agenda. I 20 New Business — Consideration 20.1 Well Interference on the West Side of Regional Road 57 i Resolution #GG-040-16 Moved by Councillor Hooper, seconded by Councillor Neal i Whereas there seems to be some issues regarding well interference to existing residents on the west side of Regional Road 57 (Old Scugog Neighbourhood); Now therefore is be resolved that Staff organize a Public Information Centre (PIC), as soon as possible, to discuss the impacts that development on the east side of Regional Road 57 has (or will have) on the existing residents; and i That the developers, Regional staff representation who could give comments, as well as appropriate municipal staff, the Ministry of the Environment and Climate Change representation, and residents be invited to discuss the issues that are now impacting residents. Carried F i 21 Unfinished Business C There were no items considered under this section of the Agenda. 22 Confidential Reports 22.1 CLD-005-16 E-Agenda Software Project Confidential Report CLD-005-16, E-Agenda Software, was considered earlier in the meeting during the Clerk's Department portion of the agenda. - 17 - 6-17 General Government Committee ClarftwnMinutes January 4, 2016 23 Adjournment Resolution #GG-041-16 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 2:19 PM. Carried Mayor Deputy Clerk - 18 - 6-18 i v; �` I 3x Tyrone Community Centre September 17,2015 RoU Call: Present:Claude, Ed, Dave,Corinne, Larry,Walter,Joy,Alvina 9, Cecile Present from MunicipaiitV: Fred Horvath and Rob Groen Minutes from June &Duly: Read by Chairman,toy Vaneyk. M/S by Dave Taylor& Larry Quinney to accept the minutes as read. Carried. `treasurer's &etoort: Approx.$20,000. June dance profit:$1723. Sept. Dance:Gross$2,054. Bills to be paid-propane&countertops Maintenance: Larry spoke about three day power outage in August Rob Groen to follow up on this matter. Gall[hooking Report: Corinne noted that there.are 4 contracts ongoing,7 bookings to happen and 11 new for 2€ 16. L.C.Q.0 regulatlonse Fred Horvath......the permit holder is responsible for the whole evening and the permit holder must be in attendance. At a wedding free drinks before meal are allowed. Permit holder cannot drink. Hallboard should have all their own bartenders with Smart Serve. --no jello shooters allowed at any event ---prices must stay same all during rental, no 2 for 1,etc. --need food...not just chips and snacks. –must post permit where visible—all liquor must be removed at 1 p.m.from the premises. Cannot keep it until next day for pickup,this is not legal. i ®Id Business. Bar&Ladies`Bathroom counters are complete: Total cost: Approx.$2700. Regarding Energy Ffricient Program Submission—submitted for lights and programmable thermostat. Phone Landline has been disconnected. Cell phone for emergency only.905-263-4330. Have$100 card. Hydro Sentinel Light charge---still working on that. Larry noted we need hugger ceiling fan,with low wattage bulbs in bar. M/S by Larry Quinney and Dave Taylor to purchase one. Carried. Larry also noted that two sets of table legs ordered but only one pair in package. Wrong style as well. CPR Certificates Facebook updated with videos for"virtual tour"....good reir.arks have been received regarding this page. Booking contract retyped and printed. Upcoming Events: Dktoberfest—Sept.27 moon until 4 p.m. Helpers needed for games, BBQ,setup and clean up. Alvina is handling the games, Dave is looking after the bar. Breakfast with Santa will be December 12 from 10 a.m.to 12 noon.' New Year's Eve....tickets available at$50.Per person. Helpers needed for food prep,serving,set up, dean up. New Business: Joy to go to Community Development Courses offered. M/S by Alvina and Ed to send f{ Joy and Tyrone Community Centre to pay the$35.00. Carried. r Other New Business: Free Accounting for Not For Profit...Wed.Oct.7 from 6-8 p.m. $35.Smart Serve courses Wed. Nov. 18 from 6-10 p.m. $42.40-Volunteer Engagement Course to be held Nov. 14 from 9-4 Motion to adjourn Ed and Alvina. Carried. 'L i 8-1 Tyrone Community Centre Board Meeting Wednesday,October 21,2015 Roll Call: Chairman.:Joy Vaneyk; Secretary: Cecile Bowers;Dance Co-Ordinator:Dave Taylor; Caretaker: Larry Quinney; Board Member: Ed Wilson; Srs. Rep: Walter Loveridge. Regional Rep: Willie Woo Absent: Work/Holidays: Corinna Traill; Claude Godin;Laurie LaFrance,Paul Rowan. Interested Villagers: Lisa Pleasance Minutes of Sept. 16,2015: M/S by Dave Taylor and Larry Quinney. CARRIED. Treasurer's Report: In absence of Claude,Joy read the Balance is $16,322.73. Sentinel.light is still being charged on Hydro bill,so email sent to Fred Horvath. M/S by Larry Quinney and Cecile Bowers to accept report as read. CARRIED. Maintenance Report: Larry Quinney noted all in order. Fan purchased, soon to be up. Hall Booking Report: Joy noted an upcoming dance Nov. 7,Nov. 14 is rental by Tyrone United Church for.roast beef dinner. Old Business: Fred had told us cannot store liquor in hall on our permit at this time; AED 7 Fire Extinguishers checked;Need to make list of Controlled Products;Thurs. Oct. 29 will be Special Occasion permit meeting at Bow:Town Hall;Feb 2016-Finance Director speaking about financial records. Details to follow. Also upcoming Volunteer Workshop at Garnet Rickard Centre...Joy to attend on Nov. 14. Cost will be$47.91 to register. Spirit Day update: Not most successful event. Upcoming Events: Breakfast with Santa---Dec. 12 from 10 a.m.to 12 noon. Need cooks,table set up,music, entertainment. New Year's Eve Dance---Tickets$50 per person.... Help needed for food prep, serving, set up,clean up. Ticket sales not great so far. Early December chosen as earliest date to cancel if necessary. New Business: Need to discuss price to charge for group wanting to rent January 31 to March 27/16.=... Winter Bible studies... Would be Sundays with Service 7-8 p.m. and they would rent for 2 hours 6:30-8:30 p.m.to set up and clean up. Adjourn: M/S by Cecile Bowers and Larry Quinney to adjourn. CARRIED. • t \J 8-2 Tyrone Community Centre Board Meeting November 18, 2015 Roll Call: Present Chrmn: Joy Vaneyk;Treasurer: Claude Godin; Secretary: Cecile Bowers:Munic. Rep: Corinna Traill;Members: Corinne VanDeGrootevheen;Dave Taylor;Larry Quinney. Interested parties: Diane Woodley. Working: Ed,Paul,Alvina, Lisa,Laurie. Minutes from October Mtg: Corrected that Corinne's name was missing as on holidays. M/S by Dave Taylor and Larry Quinney to accept as corrected. CARRIED. Treasurer's Report: 2014 Financials to be picked up from Town Hall. Sentinal Light still not looked into...Corinna to follow up with Finance Dept. We have paid$175.55 monthly. Town had approved to pay this but not done so far. Balance$19,184.00 as of today. Currently all bills paid.Income$400.00 for next March rental has been included and will be taken off total. Hall Bookings: Joy read off all upcoming rentals. Nov.20 to Dec.26 rentals upcoming. Dance Update: 182 attended...great dance. Gross$2300.00. Old Business: As stated by Fred Horvath...no alcohol may be stored on premise. Will have Multiple Occasion Permit for our ten monthly dances in 2016. Joy noted that there were items listed to be looked into by Larry Quinney. Feb.2016 Finance Director,speaking about financial records. Details to follow. E Volunteer Engagement Workshop...Nov. 14...Joy attended. r Upcoming events: Dec. 12 Christmas with Santa...from 10-12 noon. Cecile asking Church for volunteers to set up tables. Lists were being filled for cooks,table set ups,music,entertainment,etc. i; New Years Eve: tickets for sale$50.Per person—need helpers for food prep; serving and set up; clean up, Joy getting Special Occasion Permit. November 23 Joy,Cecile and Paul to clean out trophy case in entry. November 24 to decorate hall at 7 p.m. Tuesday,December 1-New Year's Eve planning. Dec. 12Christmas Party at Maddy's. December 16-at 7 p.m.Hall Board meeting. Corinna to follow up with Fred Horvath about roughness of entry laneway. M/S by Cecile Bowers and Dave Taylor to purchase a Retractable Screen for Bar Door, I Claude is to purchase it. M/S by Larry Quinney and Dave Taylor to adjourn. r 8-3 Tyrone Community Centre Bd. Meeting Wed. Dec. 16, 2015 - Roll Call: Joy, Corrine,Larry,Dave,Paul., Cecile, Corrina,Walter Excused: Claude,Alvina Minutes from Nov.Mtg. No minutes at this time available. Treasurer's Report: No report at this time, Claude excused. Ball Booldngs: Hall rental for Dec.20,26 and in January 13-ProBus holding a meeting Here flee of charge...It is discussing for ages 55 and up Social Activities by Town at all or some of the Community Centres in Clarington. $25. To join. January 16...Medieval Times rental. Mtnce.Report: Health Inspector here...noted that she said there was no thermometer in Freezer,it must be noted that there is one on one side. Notes made of what needs doing to west walls..wash down,carpet piece in entry needs replacing. Request to Municipality to clean furnace ducts and ceiling diffuser to main entrance has been generated. Discussed cleaning main hall and Larry looking into borrowing a Walk Behind Polisher/Cleaner to try and then possibly purchase one to bring shine up on floors. Booldng Report: Mon.December 14-funeral tea gave donation. Sun. Dec.20 is rented for a Memorial Service. Dance Update: Dance had 155 here--gross$2542.00. Old Business: Santa's Breakfast was success--150 served--and great food bank donations received. Trophy case has been cleaned but cork backing needs replacing. Cecile to look into what could be done and by whom. Larry needs to purchase Test Strips to be left on sink for Renters. For New Year's Eve Joy has purchased Special Occasion Permit,placed order with Lorri. Joy has serviettes and Corinne and Joy to shop for food. Everyone needs to be present on December 30r''at 1 p.m.to set up and prepare food, December 31 at 10 a.m.to prepare late items. New Business: Flooring-Municipality uses a:No Scrub Stripper...cleans then hard wax and burnish once or twice per month depending on use. Floor Trends in Bowmanville has done work for Municipality...their Commercial grade 12"vinyl tiles(glued)are approx. $1.20 per sq. foot plus approx. $1.00 per sq. ft. for installation. Joy had tracked this information. For New Year's Eve: Corinna,her boyfriend and his parents will serve. Cecile&Maggie on door. Kitchen will be Laurie, Corinne,Joy,Alvina,Larry Bar...Dave and Calvin Noted that Corinne had sold 14 tickets and turned money in to Joy. Paul Rowan took a few more to sell. Joy has sold some and has had calls inquiring. Church rentals start in last of January to March. M/S to adjourn by Larry and Paul. 8-4 | ! KAVVARTHA Minutes of Meeting #10/15 »^`=^ -,~�',`»=``^ Meeting #10/15 was held on Wednesday, November 25, 2015 at the Kawmrtha Conservation Administrative Offices. Chair Staub|ecalled the meeting toorder et2:OOp.m. i Present: Heather Staub/e, Chair / Potbunn Don Kett ]undonLan6�y GurdMiUer ^ Peter Raymond ' Regrets: Ron Hooper Tom Rowett Ted Smith,Vice-Chair Guests: Steve StranOway, Councillor Ward 5, City ofKowarthaLakes Staff: Rob Mesoervey, CAO Wanda Stephen, Director,Corporate Services MarkMa/chrovvoki Director, Watershed Management. Dave pridham, Manager,Technical and Stewardship Services Brett Tne8unno,Aquatic Biologist |ryna8hu|yorenko, Hydrologist DavvnaRycroft, Executive Assistant ADOPTION OF AGENDA RESOLUTION#109/15 MOVED BY: GoxoM|iLEn -SECONDED BY: DoNK[TT RESOLVED,THAT,the agenda for Meeting#1O/1Sbeadopted. Cxnmso DECLARATION OF PECUNIARY INTEREST None APPROVAL OF MINUTES RESOLUTION#110/15 MOVED BY: ]oRoxwLANoxY SECONDED BY: PETER RAYMOND RESOLVED,THAT,the Board of Directors Minutes of Meeting#9/15 be adopted, cAn0eo ' BUSINESS ARISING FROM THE MINUTES CAO Messervey confirmed that the members of the Board had been distributed the documents requested at the October meeting#9/1S. A_5 8 � Board of Directors Meeting#10/15 Wednesday;November 25,2015 Page 2 of 4 SINISTER CREEK FLOODPLAIN MAPPING STUDY Staff reviewed the highlights of the study and responded to questions from the Board members. RESOLUTION#111/15 MOVED BY: JORDAN LANDRY SECONDED BY: PAT DUNN RESOLVED,THAT,the Sinister Creek draft floodplain mapping, Floodplain Mapping:Sinister Creek Final Report (November 2015),and associated modelling be approved. CARRIED APPOINTMENT OF AUDITOR Staff clarified the fee proposal from Peter Shennett, Professional Corporation with the Board members. RESOLUTION#112/15 MOVED�BY: PAT DUNN SECONDED BY: JORDAN LANDRY RESOLVED,THAT,the Peter Shennett, Professional Corporation, be appointed as auditor for the years ending December 31,2015,2016, 2017 as per the fee quote provided. CARRIED DRAFT PIGEON LAKE MANAGEMENT PLAN CAO Messervey introduced the Draft Pigeon Lake Management Plan report and provided an update on the current status of the plan. Brett Tregunno,Aquatic Biologist, reviewed the report with the Board members and provided information on the next steps as well as answering questions from the Board. Staff was asked to forward a copy of comments from Professor Frost and other technical sources on septic leaching to Board members. The Pigeon Lake Management Plan will be coming to the Board in early 2016 for approval. RESOLUTION#113/15 MOVED BY: JORDAN LANDRY SECONDED BY: DON KETT RESOLVED,THAT,the update on the Pigeon Lake Management Plan and draft Executive Summary,be received for information. CARRIED DRAFT CLIMATE CHANGE STRATEGY lryna Shulyarenko, Hydrologist, provided an update on the Kawartha Conservation Climate Change Strategy development and preliminary draft of the document.She provided the Board members with information on the next steps and responded to their questions. The document will return to the Board for approval once it has been reviewed and finalized. RESOLUTION#114/15 MOVED BY: GORD MILLER SECONDED BY: DON KETr RESOLVED,THAT,the update on the development of a Climate Change Strategy be received. CARRIED 8-6 i Board of Directors Meeting#10/15 Wednesday,November 25,2015 Page 3 of 4 PERMITS ISSUED BY DESIGNATED STAFF Staff responded to questions from the Board members. RESOLUTION#115/15 MOVED BY: PAT DUNN SECONDED BY: .PETER RAYMOND RESOLVED,THAT,the following list of Section 28 Permits issued between October 1 and November 11, 2015 (P2015-133, P2015-211, P2015-212, P2015-213, P2015-214, P2015-215,P2015-216, P2015-217,P2015-218, P2015-219, P2015-220, P2015-221, P2015-222, P2015-223, P2015-224, P2015-225, P2015-226, P2015-227, P2015-228, P2015-229, P2015-230, P2015-231, P2015-232, P2015-233, P2015-234, P2015-235, P2015-236, P2015-237, P2015-238, P2015-239, P2015-240, P2015-241, P2015-242, P2015-243, P2015-244, P2015-245, P2015-246, P2015-247, P2015-248, P2015-249, P2015-250, P2015-251, P2015-252, P2015-253, P2015-254, 1 P2015-255, P2015-257), be received,AND, THAT,the permitting performance report be received. CARRIED MONTHLY CAO REPORT The CAO highlighted the following items in his monthly report. i Port Perry Bay Shoreline Enhancement Project A Request for Proposal (RFP) document to seek bids from firms to provide consulting services for the design study and impact analysis to support the project has been completed and released with the closing date of December 8, 2015. E Large Scale Fill I' CAO Messervey has been participating on a Conservation Ontario Large-Scale Fill Working Group helping to perform a review of the need for stronger provincial policy oversight for the management of large-scale fill activity. MOECC has provided a strong analysis of the gaps, deficiencies and challenges in the existing policies. Core Services Review The CAO will be presenting to council at the City of Kawartha Lakes on December 1. He will be profiling the work that Kawartha Conservation does that is mandated, Board approved and in support of the municipalities. He will also be focussing on the role that we take in planning and regulation and discussing opportunities to integrate with the City of Kawartha Lake's processes in order to provide better customer service. I Student Parking Pass A proposal for Student Parking Passes has been forwarded to the Dean of Sir Sandford Fleming College and the CAO is awaiting a response. Planning and Regulations The CAb told the Board members that the Acting Planning Manager, Leah Stephens, has resigned and that Kawartha Conservation is actively recruiting a replacement. RESOLUTION#115/15 MOVED BY: DON KETT SECONDED BY: PAT DUNN k RESOLVED,THAT,the CAO Monthly Report for meeting#10/15 be received. CARRIED F I' 8-7 Board of Directors Meeting#10/15 Wednesday,November 25,2015 Page 4 of 4 CORRESPONDENCE RESOLUTION#116/15 MOVED BY: JORDAN LANDRY SECONDED BY: DON KETT RESOLVED,THAT,the attached correspondence be received CARRIED NEW BUSINESS None REPORTS AND UPDATES Director Landry: ® Firearms by-law draft going to council on Monday, November 30,2015 Chair Stauble: • A decision by the Environmental Review Tribunal issued an order in advance of the expected decision date of December 7th for Settlers Landing farm proposal. The Tribunal found that Settlers Landing will'cause serious and irreversible harm: "The Tribunal finds that engaging in the Project in accordance with the REA will cause serious and irreversible harm to plant life, animal life or the natural environment as set out in s. 145.2.1(2)(b)of the EPA.Specifically, the Tribunal finds that construction and decommissioning of turbines 3 and 5, and the access roads to turbines 2, 3 and 5, will cause such harm to significant woodland identified as Woodland 11,including the habitat it represents. P.3, Para 5 The full impact of this decision is being reviewed. The project company has proposed a teleconference for the afternoon of November 25 to propose a remedy which all Parties and Participants will then have the opportunity to review and address. Director Raymond: • Trent Lakes held a fundraiser to save Boyd Island and were successful in raising$22,000.The total of the fund now stands at$872,883.00.A target of$1,000,000 has been set by the end of the month. ADJOURNMENT There being no further,business, the meeting adjourned at 3:10 p.m. RESOLUTION#117/15 MOVED BY: GORD MILLER SECONDED BY: PAT DUNN RESOLVED,THAT,the meeting be adjourned. CARRIED Heather Stauble Robert Messervey Chair CAO 8-8 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2097. The Regional municipality of-Durham: Minutes Energy From Waste WAste ManagerrientAdvisory'COMmittee Tuesday; (november 17, 2.01.5 A meeting of the Energy From Waste Waste Management Advisory Committee Was held on Tuesday, November .17, 201.5 at the Durham York Energy Centre, 1835 Energy Drive; Courtice, at 6:00 PM. I Present: T.-Baker; Pickering,, Chair W:.Bracken., Clarington f N..Burnett, Ajax M. Clayton, Whitby- $4 hitbyS: Clearwater; Whitby K: Coupland, .Clarington J. Vinson, Clarington Absent: S, Barnes, Clarington, Vice-Chair- E. ice-ChairE. Fernando, Oshawa Non-Voting M_ ember`s: Present: Councillor Cooke, Local Councillor;.Clarington F: Langmaid; Manager of Special Projects;.Planning Department, Clarington t Councillor Joe Neal, Regional.Councillors Clarington Staff Present: G. Anello, Manager, Waste Planning and Technical Services; Works Departmerit, Durham Region C. Bartlett; Manager, Waste Management,.Works Department, Durham_Region J. Baron, Business Manager, Covanta Durham York Renewable EnergysL G. Borchuk, .Project Manager.,Works Department, Durham Region L. B.rasowski, Director, Environmental Engineering, Covanta Durham York Renewable Energy P'. Gilman, Senior Vice President and Chief Sustainability Officer; Covanta Durham York Renewable Energy K. Gorman, Environmental Health, Health Dep.artrnent;. Durham Region D. Luciano, Waste.Technician., Works Department, Durham Region M. Neild; Facility Manager, Covanta Durham York Renewable Energy J. Regan,. Director of Communications, Covanta Durham York Renewable Energy M. Smart, Adm inistrativeAssistant, Works Department., Durham Region 3 g—g Energy from Waste—Waste Management Advisory Committee Minutes. November-17, 2015 Page 2 of 0 C.-Slaughter, Works Technician 2, Works Department,. Durham Region L.Waller,-Operations Technician,, Works Department, Durham DJames, Cqm 6qee Clerk, Corporate, Services Le�gislatiVe. .mi r Servi.ces.i Durham* Region Also Pt6seht' - Qbuh0i.IIor. Joh.n­ Neal., attended the M-petiri.g at 6115 PM.: I.. Declarations of Interest There were no declarations of interest. 2, Adoption*of'Minutes Moved by N. Burneitt, That the minutes.of the EFVV-WMAQ:.me. eting _held on September 15; 2015 be adopted: CARRIED- 3. Announcements Chair Baker e .welcomed Pix3-Films and advised that they.will b filming the.meeting as part of a documentary about waste management in 66tariQ. He stated that anyo'*n-o in-attendance at the meeting that did not Want to,be included in the..film.to advise the film crew of their decision; and, also, that those in attefidahce.*that wished to be-included in the film Would be roquiredto.-8igri a waiver, and that these fdrms.could-be obtained from the.film.company.. 4. Presentations Moved by S. Clearwater, That the agenda be altered in order to he6r Matt Neild, Facility Ma'nager, Re: Update on the Durham York Energy* Centre next. CARRIED.* . 8. Update.on the Durham York Energy Centre A) Update by Matt Neild, Facility Manager, Go- vanta Durham York Renewable Energy L.P., on the Durham York Energy Centre M. Neild.provided an update on the acceptance testing for the Durham York Energy Centre (DYEC). He stated that there is a communication protocol in place and that inforrrIation with respect to the acceptance testing Will be communicated first to the Ministry of. the Environment and Climate Change and to the Regions of Durham and York. 8-10 4 Energy from Waste —Waste Management Advisory Committee Minutes November 17, 2015 Page 3 of 9. " M. Neild stated that the acceptance testing began on September 27th and.concluded on November P. He.reviewed the performance and emissions testing protocols with.the Committee,. He stated the acceptance testing was completed in 37 days, with only 1. hour of -down-time. He advised that the Acceptance Testing report will be provided to the.R'egio' ns of Durham:and York and the Ministry of the Envirohme:nt and.Climate Change (MOECC) shortly..He added that the.acoustic and..odou`r audits.have:been completed; that the website and electronic real-time sign board are actiVe'; and, that all major equipme.nt;has been commissioned. L. Brasowsk_i responded to a question with respect to the emission I procedures used during tie aeceptance,testing. M.-Neild responded to a question with respect to whether the combustion system has changed Within the.last sixty days . j P, Gilmar responded,to questions.with respecttothe:date of the: dioxin and.furan exceedances;whether there is further information that can.be shared with respect tb the testing for dioxins and .furans,•. whether the original stack test:was compromised;clarification on how the interference total (15%) reported by the testing lab impacts c the overall reported exceedances;.the location of the second lab, and whether it is an. accredited.Canadian lab;.clarification on whether the source of the interference. has been"identified; whether the acceptance:testing report:will.be released to the public; whether discussions took place.with the.Ministry of the Environment and Climate Change with respect to n.on-steady state conditions that could be. experienced during start-up of the facility; whether Covanta has start-up procedures in their other plants that could have.been implemented here.. A) Craig Bartlett, Manager; Waste Operations, The Regional Municipality of Durham Re..: Status of Waste In Ontario and Quebec and British Columbia Extensive Producer Responsibility Legislation C. Bartlett, Manager, Waste Operations, The Regional Municipality of Durham gave a PowerPoint presentation on the Extended Producer Responsibility (EPR) in Canada. A copy of the presentation was provided as a handout Highlights of the presentation included: • What is EPR EPR in British Columbia • EPR in Alberta • EPR in Saskatchewan • EPR in Manitoba • EPR in Ontario • EPR-in Quebec • EPR in Maritimes-and Territories 5 8-11 Energy from Waste—Waste Management Advisory Committee Minutes November 17, 2015 Page 4 of 9 Ontario.Municipality Share. Changes in Packaging Canadian-Blue.Box Cost Comparison C; Bartlett.responded to questions..from the Committee with respect to Whethor the.-recycling:rates could be:based on volume; whether the volume of newspaper collected in blue boxes has decreased. due to a reduction in newspaper subscriptions.; .and, whether a study has been completed on the number of iniuries incurred by customers opening product packaging.. B) Carol Slaughter, Warks:Technician 2, The Regional Municipality of Durham Re. Recycling lof Textiles This.:item was-deferred until a future-meeting. C) Wendy Bracken, EPW-WMAC Voting Member, Re: Emissions .Monitoring at the Incinerator- W. Bracken gave a PowerPoint presentation on the Emissions , Monitoring.at th:e. Incinerator. A copy of the presentation was provided as a handout. Highlights of the presentation included: • EFW=WMAC. Mandate • EFW-WMACRoles and Responsibilities • Types of Monitoring.at:incinerator Emissions Monitoring Co.ncerris • Why Monitoring is Inadequate` Some of the.Serious L'imitatfons of the Regions' Ambient Air Moritoring Plan • Better Available Monitoring Requested but Denied • D.iaxins and Furans Monitoring • Long-Tetrh:C:ohtinuous Sampling,(LTSS).for Dioxins.and Furans Required.by Environmental Compliance Approval (ECA) • Exceedances at Incinerator During Acceptance Testing More. Developments Clarington Council November 2"d: LTSS for Dioxins and Furans Not Installed • Environmental Asessment Notice of Approval • ECA • Environmental Compliance:Approval (EGA) Section 7 Monitoring, Testing and Auditing • LTSS of Dioxins and Furans in Ambient Emissions Monitoring Procedure (AEMP) • AEMP Section 5.7 • AEMP States: "Monitoring commences when the first discharges are emitted" • AEMP Designates LTSS Responsibilities • Failure to Monitor Dioxins and Furans 8-12 6 Energy from Waste—Waste Management Advisory Committee Minutes November 17, 2015 Page 5 of 9 Transcripf of Audio at Clarington Council,. November 2"d, 2015 Works Committee, November 10th s MOECC Letter to Mirka.Januszkiewicz, Director Waste Management.dated June 251 2015 • Letter from MOEC.0 r bme'til from C.`Bartlett, Manager, Waste Operations to W. Bracken K.Bracken.responded to a question from'the-Committee.with respect.to.the'em'iss ons monitoring at the. incinerator and how to move fo.rward.. L. Brasowski responded to questions from_the Committee with respect to the installation of the-Long=Term Sampling System; whether-the AMESA cartridge was.sent to the lab and if that. information will be included in the acceptance testing report. 5; De.tegations; A) Linda Gasser Requested to Appear Befa:re the Committee to Discuss Recent`Incinerato.r Emissions and the EFW-WMAC's Work Plan L.. Gasser appeared before the Committee to d-iscuss the recent emiss.'ions exceedances at the Durham York Energy Centre: A copy of her delegation was provided as a.handout. L. Gasser referenced the November 4, 2015 Works Committee webcast at.which the emissions exceedances were first reported. She requested that the Committee recommend that a notification protocol be developed; that the EFW-WMAC restate their November 2012 recommendation with respect to additional ambient air and soil monitoring stations.; and, that the Regions=undertake a review of all emissions monitoring prior to the completion of.the Acceptance Testing and consider expanding monitoring to include the EFW- WMAC's recommendations from November 2012. I` Moved by M. Clayton, That the Rules of Procedure be suspended in order to' permit Ms. Gasser to finish her delegation. CARRIED on a 2/31ds Vote L. Gasser advised that in her opinion, ambient air monitoring is as important as stack testing;.that a long term sampling cartridge could have provided.data over a longer period of time; that the failed stack test was completed during steady state; and that periodic, infrequent, pre-advised stack tests.do not represent day-in, day-out emissions. 4 7 8-13 E Energy from Waste —.Waste Management Advisory Committee Minutes November 17, 2015 Page 6 of 9 L. Gasser responded to questionsfrom the Committee. 6. Correspondence. AY Correspondence from. Lirida.Gasser to the.Ministry of the Environment and Climate Change dated November 11, 2015, regardinq 'Durham'Incinerator Emissions Exceedances' Moved by N. Burnett, That Correspondence dated November 1.1, 2015 from Linda Gasser to the Ministry of the Environment and. Climate Change with respect,to `Durham Incinerator Emissions Exce.edances' be.received for information.. CARRIED 7. Administrative Matters. A) Update by Mirka Januszkiewicz, Director, Waste Management Services, .The Regional Municipality of Durham-, on EFW=WMAC membership In the absence.of M..Januszkiewicz, G.,Aneilo advised.that members who wish to apply to sit.on,the EFW-WMAC for another term sho.u.Id submit letters indicating their intentions to Melodee Smart via email by November. 30th,:He further advised,that a notice will he placed.in the.local papers in December and January seeking volunteers for the 2016-201.8 term of the Committee.. He noted that as a courtesy; an email wily be sent to those that have-submitted. their letters advising them of When the notices will.be published in the papers. He stated that a report will be prepared appointing members to the EFW-WMAC for Works Committee and Council approval. He.added that Clarington will be. undertaking a similar .process,. 8.. Update on the Durham York Energy Centre A) Update.by Matt Neild, Facility Manager, Covanta Durham York Renewable Energy L.P., on the Durham York Energy Centre This matter was considered earlier in the meeting. (Refer to Item 8, A) on pages 2 and 3 of these minutes.] 9. Other Business A) Review by Ted Baker, Chair of the EFW-WMAC, on the EFW- WMAC Annual Report to be presented to The Regional Municipality of Durham's Works Committee on December 2, 2015,,and the Municipality of Clarington's Council on December 14, 2015 T. Baker stated that the annual report has not been finalized yet. He noted that the report will be circulated via email to the Committee for 8-14 8. Energy from Waste—Waste Management Advisory Committee Minutes- November inutesNovember 17, 2015 Page 7 of 9 their information.before the presentations:to the Works.Committee and the Council,of the Municipality of Clari_ngton. B) Closing Remarks.by Mirka Januszkiewicz, Director, Waste Management Services, The Regional Municipality of Durham, for the EFW-WMAC End of Term This-item was deferred until the next. meeting. C) Durham York Energy Centre — Covanta Acceptance Testing Discussion ensued with respect to the need for the EFW-WMAC to b.e.notified when emission exceedances.occur and the.need for a. communication protocol. Based.on.the diiscu.ssion, thefollowing motion was made. i Moved by S. Clearwater, That We .recommend to the Works.Committee for approval.,- and subsequent.:recoi-hmendation to. Regional Council• f That the DurhamYork Incinerator Project Team be directe.d.(o develop a notification protocol to ensure that the incinerator owners., Durham and York,.Regional Councils., the Coancil of the Municipality of Clarington,.the.Energy From Waste Advisory Committee and the Energy From Waste;—Waste Management Advisory Committee., and the public would be promptly informed about,emissions exceedances and any other event.that has..the_potential to impact public health and safety bji the incinerator owners. CARRIED Discussion ensued with respect to the need for further information regarding the Ministry of the Environment and Climate Change's (MOECC).decision to delay the installation and operation .of the t Long-Term Sampling.System. f` l' P. Gillman responded to questions with respect to clarification on f' whether the Long-Term Sampling System was in place and if a. F sample was collected on October 9St and 2"d during the.stack test; and whether these results will be provided to the MOECC and the Regions of Durham and York. Based on the discussion, the. following motion was made: Moved by W. Bracken, That we recommend to the Works Committee for approval, E' and subsequent recommendation to Regional Council: a) That the Energy From Waste—Waste Management Advisory Committee write to the Ministry of the Environment and Climate Change (MOECC), including the Minister, Environmental Approvals Branch, Standards Development r 9 8-15 Energy.from Waste—Waste Management Advisory Committee.Minutes November 17, 2015 Page 8 of 9 Branch and District Office, to ask each department if the NIOECC gave authori2ation to the Regions-to delay the installation and operation.of the Long-Term Sampling System for dioxins and furans until the Fall of 2015;.and b) That the MOECC provide any amendments and/or "administrat'ive changes" to fhe_Environmental.Certificate of Approval (ECA) regarding th-is matter. MOTION DEFEATED: Discussion_ensued with. respect to when the term of the present EFW-WMAC ends; and the need for an additional meeting .to allow the Committee to review the various reports.with respect to the acceptance testing and emissions exceedances. Based on the discussion,, the following motion was made: Moved by W. Bracken, That:a.Special meeting of the Energy From Waste—Waste Management Advisory Committee be held at a mutually agreed upon :date.to.deal with the numerous issues,,, concerns and reports over emission exceedances and Acceptance Testing, CARRIED Further discussion ensued regarding the motions adopted by the EFW WMAC in November 2012.with.respect to .additional air and soil monitoring stations and the continuous monitoring of particulate matter. Based on the discussion., the following motions were made: Moved'by N. Burnett, That we recommend to the Works Committee for approval,. . and subsequent recommendation to Regional Council: That two additional ambient air and soil monitoring stations (fixed or mobile) be applied to the Energy From Waste project for a minimum of-five.years at'locations to be determined by the Region, prior to being forwarded to the Ministry of the Environment and Climate Change for approval. CARRIED Moved by W. Bracken, That we recommend to the.Works Committee for approval, and subsequent recommendation to Regional Council: That the continuous monitoring of mercury and continuous emissions monitoring of particulate matter be undertaken at the incinerator stack. MOTION DEFEATED 8-16 10 h ` 1 Energy from Waste—Waste Management Advisory Committee Minutes November 17, 2015 Page 9 of 9 L Discussion ensued. regarding the need for additional information with respect,to the cost and impact of implementing continuous monitoring of heavy metals and particulate matter at the incinerator stack. Moved by M. Clayton., That we recommend to the Works Committee for approval, !; and subsequent recommendation to.Regional Council: That,staff report,back.to the Energy From.Waste—Waste Management Advisory Committee on the.cost and impact of continuous monitoring of'heavy metals and all particulate matter. I CARRIED f' r D) Update bn'the.Curbside Battery Collection Program Held During the Week of'November 2 2015 i M. Clayton asked for the results from the Curbside Battery Collection. campaign that was held during the week.of November 200..G:Anello advised"that he would provide this information.to her directly. I a. Next Meeting The_date:and location for a Special meeting of the EFW-WMAC is to be determined. Future meetings of.the EFW-W MAC will be held at the Durham York, Energy Centre, Visitor's Centre-Conference Room.,1.835 Energy Drive, Courtice., QN C1 E 2R2. 11. Adjournment Moved by J. Vinson, That the meeting be adjourned. CARRIED .The meeting adjourned at 9:03 PM. T. Baker, Chair, Energy From.Waste- Waste 'Management Advisory Committee h D. James, Committee Clerk 8—� 7 j+ i I i December 18, 2015DISTRIBU , I REVIEWED BY The Honourable Kathleen W nem ORIGITY-J. D: � Premier of Ontario ❑ COUNC ❑ RLE ■, DIREC!tON 1,NFORMATION • Main Leglslativ� i ding, Room 281 Q.ueen's 'arFC >;ohY T o: nto, ON M7A 1A1 ❑ MAYOR ❑ MEMBERS ❑ CAO y OF COUNCIL ❑ COMMMITY ❑ CORPORATE ❑ EMERGENCY The Regional SERVICES • SERVICES SERVICES Municipality RE; Update and Feedback to the Province €� , t r� LEiRK'SAL ❑ OPERATIONS of Durham Proposed Cap and Trade Program Delur n rip Corporate Services EBR Posting #012-5666 2015-F-86 ��1 w LOO SOLICITOR TREASURY Department- ❑ OTHER Legislative Services Please be advised that the Finance & Administr f 9MMM ee of 605 ROSSLAND RD.E. Regional Council considered the above matter a PO BOX 623 December 16, 2015, Council adopted the following recommendations of WHITBY ON L1 N 6A3 CANADA the Committee: • i 905-668-271102 11 "A) That Report#2015-F-86 of the Commissioner of Finance be Fax:905-668-9963 submitted to the province in response to.EBR Posting #012-5666 www.durham.ca 'Cap and Trade Program.Design Options'; Matthew L.Gaskell B) That the following resolution, as proposed by the Association of Commissioner of Municipalities of Ontario.(AMO), be adopted and forwarded to the Corporate Services Honourable Kathleen Wynne, Premier: 'Please be advised that the Regional Municipality of Durham supports the collaboration of the Association of Municipalities of j Ontario and the Union of Quebec Municipalities to enhance and support municipal climate action in our provinces. To help meet reduction targets and to reduce emissions in our communities and improve.resilience in local economies, we call on you to work in partnership with local governments and: • Give municipalities adequate, stable and long-term funding resources to invest in greenhouse gas reduction initiatives in our communities such as public transit and active transportation, building energy efficiency, water conservation, planning development and other programs; • Recognize municipal projects that reduce greenhouse gases E for offset credits in Cap and Trade programs; • Provide dedicated funding for climate change adaptation to help municipalities provide resilient infrastructure to keep our economies and communities functioning and productive; and I's_ hence ro , > _wanites" If this information is required in an accessible format, please contact r 8-18 the Accessibility Co-ordinator at 1-800-372-1102 ext, 2009. - 2 - ® Provide tools to help facilitate and transfer knowledge regarding greenhouse gas reduction and climate adaptation projects.' C) That Report#2015-F-86 be forwarded to the Region's local municipalities, the Association of Municipalities of Ontario, the Union of Quebec Municipalities, the Ontario Waste Management Association and the respective Government of Ontario Ministers of the Environment and Climate Change, Municipal Affairs and Housing, Energy, Finance and Economic Development, Employment and Infrastructure and Durham Members of Provincial Parliament." Please find enclosed a copy of Joint Report#2015-F7.86, for your information. Debi A. Wilcox, MPA, CMO, CMM III Regional Clerk/Director of Legislative Services DW/tf c: The Honourable Glen Murray; Minister of the Environment and Climate Change The Honourable'Ted McMeekin, Minister of Municipal Affairs and Housing The'Honourable Bob Chiarelli, Minister of Energy The.Honourable Charles Sousa, Minister of Finance The Honourable Brad Duguid, Minister of Economic Development, Employment and Infrastructure. M. deRond, Clerk, Town of Ajax T. Gettinby, CAO/Clerk, Township of Brock 'A..Greentree, Clerk, Municipality of Clarington .. S. Kranc, Clerk, City of Oshawa D. Shields, Clerk, City of Pickering K. Coates, Interim.Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby G. Anderson, MPP (Durham) . J. Dickson, MPP (Ajax/Pickering) J. French, MPP (Oshawa) The Honourable T. MacCharles, MPP (Pickering/Scarborough East) L. Scott, MPP (Haliburton/Kawartha Lakes/Brock) P. Vanini, Executive Director, Association of Municipalities of Ontario J. Savard, General Manager, Union of Quebec Municipalities R. Cook, Chief Executive Officer, Ontario Waste.Management 8-19 Association G I If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2305, The Regional Municipality of Durham Report To; The Finance and Administration Committee From: Commissioner-of Finance Report: #2015-F-86 Date: December 8', 2015 • i Subject: Update and Feedback to the Province on Ontario's Proposed Cap and Trade Program Design Options (EBR Posting#012-5666) - I R.ecommendatloris: t. That the Finance and Administration Committee recommend to Regional Council that: A) This report be submitted to the.province in response to EB.R Posting#012-5.666"Cap � and Trade Program Design Options".- - F B) The following resolution,-_as-proposed lay Association of Municipalitles (AMO), be adopted and forwarded to the Honourable Kathleen Wynne, Premier i .Please bo.advised that the Regional Municipality of Durham supports:the collaboration-of the Association of Municipalities of Ontario and'the.Union of Quebec Municipalities to enhance and support municipal,climate aofion in our provinces. To help meet reduction targets-and to'reduce -emissions in our communities and j improve resilience in local economies, we:call on you to work in partnership with local govomments:and: i a Give municipal'{ties adequate, stable and long-term funding resources to Invest in I' greenhouse gas reduction initiatives in our communities such as public transit and active transportation, building energy efficiency, water conservation, planning development and other programs; „ Recognize municipal projects that reduce greenhouse-gases for offset credits in Cap and Trade programs; 93 8-20 Report#2015-F-86 Page 2 of 19 Provide dedicated funding for climate change adaptation to help municipalities provide resilient infrastructure to keep our economies and communities functioning and productive; and Provide tools to help facilitate and transfer knowledge regarding greenhouse gas reduction and climate adaptation projects. C) This report be forwarded to the Region's local municipalities., the Association of Municipalities of Ontario., the Union of Quebec Municipalities, the Ontario Waste Management Association and the respective Government of Ontario Ministers of the Environment and Climate Change, Municipal Affairs and Housing, Energy, Finance and Economic Development, Employment and Infrastructure and Durham Members of Provincial Parliament. Report: 1. 'Purpose 1.1 This report provides an update regarding the provinces proposed cap and trade program design options for greenhouse gas (GHG) emissions. The proposed program design is anticipated to have direct and indirect impacts to the Region and its taxpayers/ratepayers as well as the broader Ontario.economy..It should be noted that the proposed program, depending upon final design and regulations and mechanisms for the reinvestment-of program proceeds, could also_present opportunities for the funding of municipal green projects. 1.2 The Region's direct consultations with the province around the proposed cap and trade program have to datebeen related to solid waste management; although the Association of Municipalities Ontario (AMO) and Union of Quebec Municipalities (UQM) on November 25, 2015 announced their commitment to work together.to share best practice, policy ideas and advocate onbehalf of municipalities..The province also commits to continued collaboration to-ensure the design and implementation of the program reflects the interests and concerns of municipalities. 1.3 .This report provides detail on the proposed cap and,trade program, questions posed by the Ministry of the Environment and Climate Change (MOECC), and Regional. staff concerns and comments received from across all Regional departme.ntai program areas based on information received from the MOECC through`EBR Posting #012-5666, "Cap and Trade Program Design Options." 2. 1Backgrbund 2.1 The NIOECC released its Climate Change Discussion Paper on February 12, 2015 (EBR Posting #012-3452). Report 2015-J-20 provided a response supporting a proactive and Ontario-wide approach. The report advocated for continued collaboration and consultations with municipal governments and other provincial ministries implementing related programs and reporting requirements. Meaningful 8-21 94 Report#2015?F-86 Page 3 of 19 collaboration can assist in avoiding duplication and streamlining administrative burden and reporting requirements. Synchronizing administrative frameworks for the multitude of environmental and energy reporting requirements faced by municipalities would assist in avoiding unintended costs. 2.2 On April 13, 2015 Ontario Premier Kathleen Wynne announced the intention to establish a cap and trade system for carbon emissions in Ontario, and noted that the program would be the primary tool to achieve Ontario's 2020 GHG emissions target of 15 per cent below 1990 emission levels. 2.3 On July 8, 20115, at the Climate Summit of the Americas, Ontario announced the plan to link with the Western Climate Initiative (WCI), a non-profit corporation that assists provinces.and states in the delivery of cap and trade programs by providing administrative and technical services and implementation support. Ontario has collaborated with WCI since 2008 including the development of recommendations for cap and trade program options and detailed design framework,'despite not initiating development of formal cap and trade regulations until now. The cap and trade-system has been operating in Quebec and California since January 1, 2013, Other W01 partners who have not implemented capand trade regulations include the provinces-of British Columbia and Manitoba. 2.4 Crap and trade systems impose a mandatory hard ceiling on carbon emissions, provide emission allowances (free allocation and/or- through auction sales) and createa market system for emission allowances.to provide an economic incentive j for emitters to invest in lower carbon technologies. A goal its to provide flexibility for market participants to determine the most appropriate., cost-effective means for achieving reductions. During each subsequent compliance period, the allowance cap can be reduced to gradually remove,allowances from the market and reduce carbon emissions. Reduced allowance supply increases the price on emitters that do not take actions to reduce emissions, and provides a market revenue opportunity j for emitters that do; Those that reduce emissions can sell their excess allowances to other participants (covered and/or non=covered)i entities. 2.5 The MOEGC is seeking stakeholder comments on EBR Posting #012-5666 "Cap and Trade Program Design Options" by December 15, 2015., for consideration in the draft regulatory.proposal-anticipated to be available for comment in early 2016. l 1 Covered entities are mandated to participate under cap and trade regulation (as described in sections 3.3 and.3.4). The province also proposes non-covered entities have opportunities to opt-iri voluntarily(see section.3.7). 8-22 Report#2015-F-86 Page 4 of 19 3. . Ontario Cap and Trade Program Design 3.1 Linkage with the Western Climate Initiative 3.1.1 The province proposes joining the WCI Cap and Trade program with Quebec and California, which commenced cap and trade January 1, 2013. ;Haw do:::• .ou;antic1 'ate;lrrakiri`;.With Quek e _ani..Gafifor is affi-"ting :`you`.b :c#or` �'andl r.:fa iii c - ijiY• 0n o� ustr'e :-�ie e •�e'.'i �'ri r s. a. x r e.. c��wti3�fhe:lira`kir3` o�tr"oi'ra" r" - 'u rd ' iic •t?nS " s' tt .that:can:be.� s •u. _ ' n tr carve 4,°O'� 3.1.2 While joining the established WCI framework could lower overall administrative and compliance costs given enhanced liquidity, market depth and price discovery, caution should be exercised related to potential impacts due to differences amongst parftner jurisdictions. California would repre§ent the largest player amongst the three linked jurisdictions. Given this, the California market may have the greatest effect on emission allowance pricing within the linked market. 3.1.3 Given the relatively low emission intensity for electricity generation in Ontario and Quebec (due to the predominance of low emission generation), incremental erimission reduction opportunities are likely to come from other sectors and jurisdictions, particularly California. The larger California market with its greater reduction opportunities could result in a net import to Ontario of California-based allowances and/or offset credits combined with a net outflow of currency to the California market. Cross jurisdictional market dynamics and distortions and resulting Ontario economic impacts, including exchange rate impacts, should be clearly understood, with mitigating measures applied as required. 3.1.4 The ability of each WCI.ju.risdiction to distribute allowances to specific local entities at no cost, and outside of the allowance auction .process at their.own discretion :could also lead to-market distortions. These include the risk that an overabundance of available allowances could reduce per unit compliance costs for covered entities. This could skew market signals to the point where the environmental benefits of the program aro being negated by lower financial incentives to invest in incremental emission reductions. 3.2 Cap and Trade Timing. 3.2.1 The province proposes commencing the cap and trade program in Ontario on January 1, 2017, with an initial four-year compliance period, followed by subsequent three-year compliance periods consistent with WCI partners Quebec and California. The province also considered a later January 1, 2018 start, with 8-23 96 i Report#2015-F-86 Page 5 of 19 three-year compliance periods, However the earlier start is proposed to allow for less severe annual emission cap reductions thereafter, to achieve the province's GHG target of a 15 percent reduction from 1990 levels by 2020. The first allowance auction under the proposed 2017 start-date is anticipated to-occur in March 2017. (ll%f1 ':51l�Sff Ss P 0 ate:thts t�mlri: :afifectin outsector:andl �rtacilIt""!? ' - _ _g. gY. _ _ _ cy. ,'t' n" `a a t'" r�>�la. e ` `Q:u'ld`�rrea �-aste :'i�:: O ,�. uv- rx e`y`e dee(ir�e.:i` �y C e fes_.: _•-�:: - �:tw, -.- ` - ar_.g•ets= �caes�a�_ �� �redue. ; / ..yr _t - LJi 1 a ... ale-:,.i�:: �. � ff ce�it`ti"'e�fo" _ „�.. .� � _r``ndus�t-: bus �esse-s����anei.h� .,.l:.o�U. - ;;fir. _ l•. -,�1 ��:�JGI:I�V��'�'it�j�: icer.. -c:e.,, ar. - -�:`'�� Wit:; _ _ _ (� riN :j 3 _ r'e: .a e. .o a�� - - _ e-� ._o,: -�am. :gip., .,.�,. ,.�._ ..r - :�.: .�. £inn .:ri. jti• - - e s r Cita == - . nd� :4 aro��d�' rt n'diast': as•t< . A:. ::... ;::.. .,:.�.�.� pp. . . . .. .------.:.__ . _ ......._..............__._... ._:a..:d.N=__...�v_._. _.dram:•_._.. .....:,....._.A f �`n '.x _..__ 3.2.2 The timeline is ambitious and not without risk, although possible given derhonstraWd political will and the pre-existence of the WCI program and administrative structure in place for Quebec and California. The. province is encouraged not to rush final design and implementation to the point of risking unintended consequences and costs: The proposed cap and trade program is extensive and the province must ensure adequate time to ensure evidence based technical., -economic and financial analysis; and ensure effective and efficient solutions; promote smart and-sustainable investment decisions;.and, minimize opportunity costs;Additional costs to municipalities are not acceptable, particularly without-offsetting funding to.assist local governments in continuing to adapt to climate realities. - E 3.2.3 To be open and transparent, the framework proposed by the province must include design details made available at the start of the program, which define the offset market; including eligible offset projects and parameters, and ensure avenues for the participation of municipalities of all sizes, both individually and through offset .aggregators. There should also be clarity up-front in regards to provincial policy and timing for the reinvestment of program proceeds, including a transparent application j and.allocation process and subsequent assessments of program challenges and successes in achieving overall carbon reductions at an acceptable net economic cost. 3.2.4 While-cap and trade is noted as the primary tool for achieving the province's 2020 C GHG emission target, it must be considered within a broader context with _ complementary programs, policies and initiatives also aimed at reducing GHG emissions or increasing energy efficiencies. Provincial initiatives, including those proposed as part of the province's Climate Change Strategy, should be clear to stakeholders, regarding anticipated incremental costs, economic impacts, synergies with other programs, and impacts to GHG emissions. r 8-24 97 Report#2015-F-86 Page 6 of 19 3.3 Sector Coverage 3.3.1 The province proposes broad sector coverage for the cap and trade program, initially including: the electricity sector (imported and domestic); the industrial, large commercial and institutional sectors; transportation fuels, including propane, fuel oils and natural gas. The province is currently considering how the proposed program would cover energy from waste facilities (EFWs). ltr6vince s: uesfiaons:. i e teen to.broade' rim =`the:ac`t`: toother-°sacf - :..:::,:.......:_ .. ... .. . ... ... . ._. .:,.. - - ors..;; f: OW 11 Ulcl'` Q:ptcl.l'i(?� t':©: _ •:rami tr t;. ::a _etei- n�FroVes`cor�si`-'ern• 'h�: 6.m la d r iri`�- ars ��.ro°'osecl'rof�t�a`��e`coverirdL=" ` Y P... b. :tl!ie��''ragraYn.- 3.3.2 Regional Council has put forward its position that the solid waste management sector:should be entirely.exempt from the cap and trade system; including EFW (Report#2015-J-52). As previously indicated,.including the solid waste management sector and EFW technology options in the cap and trade program may adversely impact waste diver sion_goals and limit options available to municipal governments to reduce net carbon emissions. The municipal solid waste secttor is best regulated under existing regulatory programs. 3.3.3 The purpose of municipal solid waste management is to divert materials out of the residual solid waste stream for re-use, recycling and composting. Re-using and recycling materials is far less energy and carbon-intensive than the production of comparable materials from virgin sources. Municipal programs result in significant reductions to Ontario carbon emissions by minimizing the.amount of waste seat to landfills. This is accomplished through a multitude of programs including: re-use programs; blue box recycling; organics composting, resident education programs; and solid waste energy recovery. 3.3.4 EFW technology is recognized internationally as an effective carbon mitigation tool: EFW facilities produce electricity for sale to the grid, which offsets higher GHG- emitting fossil fuel combustion sources; e EFW facilities, built locally as a solution to post-diversion residual solid waste disposal, allow a municipality to avoid long-distance truck haulage of residual waste to distant landfills, with reductions in GHG emissions due to haulage; EFW technology produces lower overall carbon emissions than landfilling options; and, EFVll-related processes assist in recovering additional metals for recycling, which further reduces carbon emissions associated with the production of metals from raw materials. 8-25 . 98 f t Report#2015-F-86 Page 7 of 19 i 3.3.5 The provincial government emphasizes a role for waste disposal as an approach to reducing carbon emissions with electricity generation as a by-product of the j process. In April 2015, the Minister.of Energy Issued a directive to the Independent Electricity System Operator (IESO) seeking 75 MW of electricity from new EFW facilities in Ontario under a Standard Offer Program. Further, the MOECC is implementing the Alternative Low-Carbon Fuels regulation (0. Reg. 79/15)that allows certain fuel intensive industries such as cement and steel to combust post- diversion municipal residues as a low carbon alternative fuel. 3,3.6 Should the MOECC include EFW as a covered entity under the new cap and trade f legislation while exempting higher fugitive emissions from landfill methane, municipalities could incur higher costs for a solid waste disposal method which reduces carbon emissions compared to the alternative of landfilling while also creating the perverse incentive to dispose through landfilling. 3.3.7 The Government of Quebec, the Regional GHG initiative (RGGI), the European Union Emissions Trading System (EU ETS) and the Kyoto Clean Development Mechanism ail'exempt the solid waste management sector under their cap and trade systems, California initially Included EFW under the cap; but have since exempted EFW facilities with a planned extension through 2017. Ontario should ensure consistency with-partners in the.WCI initiative and eensure uniform treatrbent for all methods of solid waste disposal. Full exemption of the solid waste management sector continues to be recommended. i r 3.3..8 The Ontario Waste Management Association (OWMA), which consists of both private and public sector-representatives, is completing a research study on carbon emission reductions associated with re-use, recycling and enhanced waste disposai.activities, including EFW: The study will assess the challenges and I' opportunities of the proposed cap and trade program and recommend how Ontario could better recognize waste reduction, recycling and composting and.adopt protocols which account for GHG emissions savings. 3.4 Points of Regulation i 3.4.1 The province's proposed point of regulation is at the facility level for industrial, large commercial and institutional sources emitting annual GHG emissions greater than 25,000 tonnes of carbon dioxide equivaient (002e).2 I' 3.4.2 Alternatively, electricity will be regulated at the border(if imported) or,the generation level when domestically produced (point of distribution). 2'002e,or'equivalentcarbon dioxide factors not only carbon dioxide(CO2), but other GHG emissions such as methane (CH4)and nitrous oxide(N20)based on their relative global warming potential(GWP). r. 99 8-26 Report#2015-F-86 Page 8 of 19 3.43 Transportation fuel (including propane and fuel oil), natural gas and heating fuels will be regulated at the distribution level. Imported or domestic fuel (greater than or equal to 200 litres) will bemeasured as it is delivered to the Ontario consumer market. Natural gas (equal to or greater than 25,000 tonnes of CO2e) will be measured at the point where the gas is transferred from pipeline to the local distribution network. Erovii7ice'srCCuestQis:; : :. 1 :,4_:e.,._f7e.e orrie sectors::fliat.sf oOld.have: differ nfi oiri of.re" ula (ori-:tf ora nl of ro; P _ PPA wf :: :•2: :W; ;hat< ce'the <:l irr� !catof:the idenified•: °o:irits:;of're elation frorh`':`oii`:sectar';s or'. fac►I . ..s:' errs .ective. 3.4.4 -Regional staff are reviewing whether regulation at the facility level will mean that larger solid waste facilities like the Durham York Energy Centre or sanitary sewerage facilities like the Duffin Creek Water Pollution Control Plant will have a compliance obligation for reporting purposes and/or if they will be classified as covered entities under cap and trade. 3.4.5 Regional Council's existing recommendation to exempt all municipal solid waste management disposal facilities and to treat these facilities uniformly (EFW and landfilf) is discussed above. 3:4.6 The Region's largest single point emitting facilities also have joint jurisdiction, with ownership shared with the Regional Municipality of York. Disclosure, reporting, verification requirements and obligations for jointly owned facilities need further clarification. 3.4.7 Other than single point emissions coverage, it is.estimated that the Region spends over $18 million per,year on fuels and natural gas and approximately $25 .million on electricity corporate-wide to deliver Regional services. A significant proportion of the Region's programs are mandated and partially funded by the province. Facilities like the Region's long-te.rm care homes operate with heighte-ned energy -costs to ensure the comfort and security of residents. Therefore, only limited energy consumption adjustments are possible during pear:hours. Further analysis is required at each of the provincial and municipal levels to ensure an understanding of potential impacts to municipal costs, provincial subsidies, and taxpayer/ratepayer affordability, particularly for vulnerable populations. 3.4.8 Furthermore, off-setting cost impacts depend upon the success of the cap and trade program and other complementary initiatives in reducing energy requirements and emissions. While the province has promised to dedicate cap and trade program proceeds to policies and programs designed to further reduce emissions, the province should also consider the following- 8-27 i Report #2015-F-86 Page 9 of 19 A portion of proceeds could be dedicated to supporting low-carbon municipal projects; and, The province should ensure that increased energy bills far low-income families, including those on Ontario Works (OW) and/or Ontario Disability Suppert Program (ODSP), are offset by increased subsidies and/or other forms of fiinancial support to avoid adverse impacts to:affordability and quality of life, especially given a large share of renters in multiple-residential buildings with relatively limited opportunities for achieving sizable emission reductions. i 3.4.9 G.larification is also required regarding how the province intends-to reallocate r auction proceeds to reinvest in initiatives to reduce carbon emissions. Evaluation criteria should be clear., equitable and evidence based, with funding programs monitored to ensure intended results are being achieved. 3.4:10 The Ontario Government has.ackn.owledged the important role municipalities have and will continue to play in achieving set emission reduction targets, and rather than increasing municipal costs, municipalities could be further supported by dedicated funding from .auction proceeds to green municipal infrastructure:, completion of. energy retrofits, and investment in public transit. While. acknowledging the significant work already undertaken by municipalities, -continued support is required from senior levels of,government to build on successes in.reducing G'HG emissions.and improving municipal infrastructure resiliency to chmate change. 3.4.11 Early-adopters, including municipalities, should be appropriately.rewarded, while the province must ensure negative impacts are both gradual.and anticipated. Givers the cost Implications expected to.be felt by taxpayers/ratepayers through the upstream -regulation of emitters((.e. natural gas and fuel distributors), - t municipalities should not be left to incur the financial impacts of a proposed cap and trade system, or other costs which will in the end be borne by property tax Payers:and water supply and sanita sewerage rate aYers. 3.5 Emissions Coverage I . c Time province proposes covering both.fixed process emissions (non-combustion industrial process---.missions where the primary purpose is not energy production) I and combustion emissions (combustion of fossil fuels). i E c' i; i 8-28 Report #2015-F-86 Page 10 of 19 Frciriic su.�sti� . ;.. 1,-:f .o�nr should tFie:treatrrie'nt of fixed • focess and combustion emir=`i 'r diff `'`�: Vti(hat:s>b ld":13e_.tf e iridin <'.r nc Jes far°defii:ri_iri :vi nat;are fix d:`':'r`-.o e'ss. missions . ..f .. p. . p..: :uersus:�ainbu-stia`n•�em`ssioris? • - - - - 3.5.2 Facilities' coverage should be consistent with that of the WCI approach and the methodologies for calculating emissions from each type of facility should be consistent, repeatable., and verifiable. 3.6 New and Expanding Facilities . 3.6.1 For new facilities constructed on January-1, 2016 or later and with annual emissions equal to or greater than 25,000 tonnes of C0.2% the compliance obligation is proposed to start in the third year of operation. For existing facilities which are expanded, the compliance obligation is proposed to start the first year the 25-;000 tonnes of CO2e threshold is reached. v e'. esn r x. t� n •,' - ._,l_ hep.ra` l i' a es thfi>- e a. n c`. gni corrin'alJ` ;N d`` rpt f ave a`:,I'. -;efi... .::.:. �;:. t� d re com.' ian'ce`=o `' `i "n= -.._.+.. :..: .,-Y..:...._..._:....�..__.J:+ tlx: - ( gat a u.T-. a%''. F rcl: s.. fir _ _ tr►. :�. �`�. =; <-` W hese_aci d`�stM.- It 'ave`:a' ini�rec�'cam�'li`•"r�`� i'�_r� a. c��cb (uyati'or��fa :fiiaef::u�e:s:•.{{n,{(r)coult���•-`:a t `r� :e� •ao.t�: wr=iorsfiort^ `-e If+` _ >w1�a-`�•d'�•r`.�-1" f�:'-., p s. .. ..........:.g'.:..t.. ..: ._. ::,.. t. a a�. r_ - " .?c?.moi - - L.....:•'.+•fit::•. " `l `C ` - wX� 1't` J r��e_s ri. c t tha are�:ex��'at 'dir • �f�'it s'��"ra=:ose,d�th`at���l=ie�co- liance-.o`Ji t t�•�.f rst:• 'r of f'.ie"`" ::��T - } rr�:e=for�en�iti�s='to�� �re•`are�for�om •`fiance.._. T. :=�' - :7:, - n �.._,-. .-......._..._.........I„.—.t_._.;:. ...•.-.,.... ..+. .......:t._.t _.-..-.-_..._....... __.-._.....--......t'i... w.-_ ., ial...v rr"i.'• 3.6.2 Consultations with specific economic sectors would assist'in ensuring that proposed timing does not have negative economic or growth-impacts. For the institutional sector, including municipalities, regulation taming could influence business case results and cause the delay of specific planned capital projects. 3.7 Opting-In 3.7.1 It is proposed that facilities covered under Ontario Regulation 452/09."G-l-1G Emissions Reporting” be permitted to voluntarily submit to the compliance obligations. There will be no ability, however, to opt out once an entity has opted in to the program. 102 8-29 i l Report#2015-F-86 Page 11 of 19 I`.s:optirig` an , ue::supporled bynoprtvobstalseh:a(ders? :2 Are:there benefits or pro to s.tnafi':ha e:.not,been: �derit"i_led? h an enti b.eable t .._:. •Y.. ta:;o... :'out'af .::•:. :.,•::.)::. _ ..p:. _h _ airi,;:ajfter•o .i:in:�`.ir ...:_•:��Vi .; - ...... .. _.:.._....rN.:• ..:<,:::a•::-�•_>:s;;•.:.':�:�..>:::::�:: .�:',......: . ..-:: ::',:P..,._.r�... rs. Y operat� g^below,;the.:•regulata�yahreshold:? f sa under,w . _);. ,v haf::cor� itois. :..:. ha t'sort..,. o •l' f tmE• tat'- �or .-.: u d: M4!.:.. 3,7.2 The ability for below-threshold entities to opt-in may encourage greater participation in the program, however could affect the distribution of free i allowances. While ability to opt-in could add to the breadth of emission reduction options and provide an avenue for municipal participation, potential market j distortions need to be better understood-as well as potential complexities in ensuring consistent data protocols, across.a broader range of participants. 3.7.3 There is potential that ability to opt-in, could decrease the supply of allowances available for entities with mandatory compliance obligations. The province should � F' also consider the.potential for and implications of: whether entities.opting in at program commencement would be eligible for early reduction-allowances; whether the 2017 emissions cap would include entities that opt in; how baseline emissions could impact the overall allowance budget; and, -whether entities would be given a limited window to opt-in. - t 3.8 Setting the Annual Gap i 3.8.1 The province proposes to set an annual emissions cap starting with a best estimate of 2017 emissions, including. existing emissions, growth, and new and expanded facilities. The cap would then decline annually at the rate necessary to achieve the province's 2020 reduction target of 10 per.cent below 1990 emissions. 5 : c - - n Q es u 'Yo t ns .,q fC' C'J�^u - f Ft oc m' e m" ei%'t 6rr3.e �4; _ �Yp_ ores:- w• .q:�- ...aij%.. 4e'+sur' n E.'. �..,.. ..r�.. _ � _ - e't'�r Deport #2015-F-86 Page 12 of 19 ' allowances versus those auctioned. 3.8.3 The MOECC should define how the cap reflects the movement of participants into or out of the market over time, and how this could impact allowances already in circulation. The aggregate cap, individual sector caps and allowance allocation assistance factors needs to be well-understood. 3.8,4 Critical to business planning, prudent investments and overall confidence in the cap and trade program, stakeholders, including municipalities.; require clear market signals.This includes upfront knowledge of potential allowance price changes, sector caps, and details regarding complementary provincial programs, policies and.initiatives. 3.9 Market Des<igri Features 3:9.1 The province proposes several market design features that align.with the-program in place in the California and Quebec market', including requirements-around: registration; corporate disclosure; allowance transactions, auction; and financial guarantees and compliance. The first auction is.scheduled for March 2017 as a stand-alone auction, prior to aligning with quarterly WCi auctions. "^l':fit" ��11.• -L1. .Y'-' - .4. - . .: . .afP' - - '''1._ - ;3 i _ _ _ i).--- - - `Ce,Vis+ V �:1�S�11S ��<; �i. ~i lin };,�`? 1?7'��fit1 {� - c 2 - •,� -�'� `:C2' :_}vim 2>4:. �.y,,.. i`= a s In i' )nC:i�.:-... i., 'Cl :i!.-:':y,' xS•.r:=.,;t"iv:.-y,a;"=3:":'r._':.�:.:7x:-� s... 'i.. jury 4�t. _Y :�i; •i Atli/^i i� "i=ite`%"es�� : ce"ar�oto Ulzts .r its,. c.. .... :,:..:::..1:,�.:>... I` y tkirs,s%S:niTi .,hd,.`t'S-.��d .�tl�'� �. c �:n `'cei5�s'..•:..,. ;_ ��K� _ `a:r�rcr��anti�?�: �� .e. :�. .e. _�Q s:. Y�vgo:'.Y�^' W. \:. =S t :.L :t. - ?. .._}:� rye :'s s ' ,t 3 C'S':' ell, R! ..� J:te+.'•>`.i�,':�?i:is t -�1 lit?ri. - ft . cfU,++�:.5-''ir:':.T-.. �y�/ %f. is t <<dora�� ace oto ni�' t c .ed���� t; snit 'r��:�: r �<�-r. k�':� ai..fi3:u e•..,r `;�uz:.:.:y- .:�.. .:,i.� ;..:. .fid.,. ,1. :. . ..�:� ,t ,a, ,a = _.,['c>ec, 1T; -,�✓ r7':' s< ":'�,-, t :`4^'e.. •aa. :''rte ���.� - `er�i" "anel��fh�r='�.a i n�isrit� �th�' ��� 'c� 'a e�:�"`.-'rto.��s;•- ,-s�t;::' - - �a' ate_ - - ?iF`;,4,. .,tr;e♦ rid:::?:r_ iit::x.;;c._�+,j�:.: - - — r••}'moi... F�f,c.Vlt%a 3.9:2 Changes to Ontario Regulation 452/09 under the.Environmental. Protection Act will support cap.and trade through amended G:HG emission reporting requirements. The province also emphasizes securing equivalency with the federal government to•avoid duplication of reporting and regulatory processes, However; the province should pursue additional harmonization of-varied but related reporting methodologies and compliance requirements to avoid-reporting inconsistencies, redundancies and .duplication. All stakeholders, including municipalities would benefit from data, methodology and reporting that is consistent,efficient, streamlined and well-understood both across provincial ministries and between provincial and federal compliance instruments. 8-31 1 0 4 Report#2015-F-86 Page 13 of 19 i' 3.10 Price Stability Mechanisms 3.10.1 An amount equal to five per cent of total annual allowances will be placed in a strategic reserve. Strategic Reserve Allowances will be available to emitters at higher fixed prices. Only entities covered by the regulation may purchase allowances from the reserve and they-can only be utilized for current-year C compliance (i.e. not for banking or resale). i 3.10.2 The Auction Reserve Price is proposed at the WCi price-or$10 USD per tonne in 2013 escalated annually at five per cent, plus inflation., and for Quebec and Ontario converted to Canadian currency. The reserve price•would be $15.84 CAD in 2017 based on the August 2015 auction. Ontario proposes aligning price fliers with WCI as well, with these allowances available for purchase from reserve based on $40,-$45 and $50 USD per allowance at 2013 base prices and escalated annually at five per cent plus inflation and converted to Canadian currency. r �y es lop u t it UY" • art.. , ..._. ...a.c. .�?Ctario'=ro - - - •�:-:� lairenti ':a�stra�t` "icy;: r _ e:" reserve. -z 1Nh.ats.hou.�dOntario:cons'dt er: Y "• .�.si ' 3.10.3-The strategic reserve can serve as a fall back option for covered entities that � require additional emission allowances to meet current-compliance obligations. it is important to ensure consistency with WCI and to understand and avoid unintended potential market distortions. 3.11 Mitigating Carbon Leakage ' r 3.11.1 To mitigate carbon leakage and provide a disincentive for entities to relocate to neighboring jurisdictions to avoid cap and trade regulation:(which would cause economic harm locally while increasing neighboring emissions), Ontario proposes j several measures, including: distributing free allowances, use of offset credits, banking of allowances.(borrowing from future allowances is not proposed) and border adjustments, 3.11.2 Free allowances are proposed for large- emitters to address leakage risk and !` support transition. The electricity sector is not eligible for free allowances;while all industrial and institutional sectors will receive an 100 per cent assistance factor. Remaining-allowances will be sold at auction. The assistance factor will be reassessed in 2020. - 3.11.3 Ontario will allow carbon offsets using an Ontario-approved offset protocol, which - will define verifiable, validated, enforceable and permanent offsets that can be used for up to eight per cent of an emitter's total compliance requirements. 8-32 Report #2015-F-86 Page 14 of 19 1;:A:re adj stmei ts_=requ red to:the.:propose- approach:fgr-assessing.leakage--:_risk::€o; reflect Untar'io's Vin► ue cfreurr starie .'`If so Ervhat.-—.'8tmer'ts:::viouId:`:ou recomm6h.d rides - 2:11Vhatare the.sfrert` till:acid vVakriesses of c .itarjo s. ro``osd if o;c ` :`` _. o car onaleaka •e:risk9T-Af6--*I.re-a:ditioi al a rs 0` ;`i o' j" ,:: b 4_g d.. s ep_ nta.l.. should.consider Are there,. e >es:it °i` 9: ;m asu'r hd. 'ro�� o�ui `e' m� v 'd:. 'b e - p: - r os' 0 Jqnc s_ d..1e dffereri EITE erriiYssiorts anensi. `/ rade'ex toned: .:r�sk;.classes:be freated:with::.re, ardtc.;:setttn. .:the..assistance,: •lac "r.. - _ _:.: :.. :.ou r' 4, a sh. ld°C3tta �i co sid f n er-in ` 'in`' tre` ` Of- 5e�t ca?�`deelirie:fac�'r�f`�`r�� e�,::t=�;:r. �., C} C3 $, C.O.S:eli`'ible"f4.r:; ;.;.. Na a:r 'ice.. 10' ES:ffr�C�_ -'G13a1' ofe.. - h i e o'ces" errz '"sign s: s s art :ci m usf11 :e'm► r:r :...::..s.:..,i.�. 1:.,....:._p.,:..:.. � a s:s �1±reated��der.:entl. �'r x y.. :recd nation that;ertmtss�on:reductron 'o ortuiit(es=for::.i' . .,• p f Vic. _ cess<erss%orifi"are imo :``;`` .. ::. ... :.i;::::.:,;:Y::. .•.: .. `l'i' -"iced n`t e:: •n:, m s oi�t=ter� m. g '-:1i1(. :-t � s::o-:I s 6 :6. at:::k nd f nve tment :a Sib s re require aired:to iTiake.iossrbie�f' r�.,;j. '.. :.. . :': j " r'fi ca nt. H oor .d cns/ . - ?;`' o s47: = Qi :ad it :n r_ a bone°°ad'is# eits:: d`if'so inrhic '`ori: 3,11.4 Carbon offsets present an important opportunity for municipalities to participate, although offset aggregation may be required for smaller projects and entities. The free distribution of allowances must be carefully measured to ensure an appropriate and equitable distribution, in particular for sectors defined as emission intense and/or trade exposed (EITE). 3.11,5 Clearly understood and well defined methodology for allocating free allowances and for the application of.border adjustments and sector-specific transitional supports are imperative for transparency and stakeholder planning, and should be reviewed in consultation with impacted sectors to ensure broader economic and industry-specific conditions are considered. 3,11.6 Durham's large industrial sector includes entities important, -not only to Durham's local economy, but to broader provincial and national economies (e.g. General Motors of Canada Limited, St. Mary's Votorantim-Cement North America LLC, etc.). Potentially significant trade-related impacts need to be considered and mitigated by the province prior to-cap and trade implementation. The province will need to consider additional transitional supports, which may include assistance to encourage cleaner fuels and altered processes and new technologies to help lower emissions intensity related to both process and combustion emissions. 8-33 1 0 6 ' h , 4 Report#2015-F-86 Page 15 of 19 3.12 recognizing Early Reductions 3.12.1 The province has yet to determine whether it will recognize early emission reductions, but is considering doing so in one of two ways: through "product-output benchmarking which is based on average emissions intensity of the sector(Le. facilities that are more emissions-efficient than the benchmark get more E! allowances relative to actual,emissions); or, early reduction credits (ERC) which reward actions that meet specific requirements. 4 Province s:: :txesors I' 1, Cftould: .ntarro, develop an.:earl. :reductiort al.i:ovvance.: ra ram rn addrfiro ,y. n o�. rec" b'��'TIiZ� � r1l%:: :'ea iJ rec3izct' _ g , ...,:.,,rg•.:. , ' .. _.... . ericFimarkin� - Th - t'�•: n :2..1-s'{s +:70'a.:Y Y' a# te =s •P .u.I O d -r' oL°-`s a rQ`�G 1 X1. rl e.r"[n'� �eve d lay ri; r1ct'd• _ aY. - - I t' - auld.'`.. earl reduc't: t o: n=a1(o. via'n` ce���oril _ '•�e: con is _ s dire` - d�f��'r= ebtor��� :�': .s'b`itr�`�ailoc�ated-•r':' u el n er ' the-yen :r - e �s, -u e:=b ase: "i- _ a .oa _ .,.,...:_..,..:..,:,G...._.- .. g.Y.,..:.�. _.. . _.. e: I�ere: s°aes�s`��no'. ,z .,pp. eri��ue`�foxle.".�e- r::;<erie_c ps >S :t.f': rllt f 2 a es�si - b eta - t f�`r 'lI' la ..a ocatron' . - _ rrie _ - K a.•y:i - _ a.,. .. •rte i:,x ,.::.:.:.. s >4: _ ,.W. -e ° �rs�•s[7- a of .i d.be:e "r le` o .r ec` g.,: :g. Y:.::-.... c roes• •.�° ra i��ain 3.12.2 Confirmation is required as to whether entities voluntarily opting-in at the start of the'program would be eligible for early reduction credits (ERC). 3.12.3 While the recognition of early reductions is generally only applied to covered entities, at a minimum the program should ensure that municipalities that decide to opt-in to the program should be recognized for their reduction efforts through receipt of ERCs. This may enable a broader voluntary participation in the program by, municipalities through the proposed opt-in process. 3.13 Compliance and Enforcement . f 3.13.1 Covered entities are required to "true-up" 100 per cent.of their emissions by November 15t in the year subsequent to the compliance period. Ontario is also considering a one-time partial true-'up (trial run) during the first compliance period: j 3.13.2 Acceptable compliance units include allowances (auction, free allocation, strategic 1 .reserve purchase or secondary market); offset credits issued by Ontario; and/or, approved offsets originated in/by other jurisdictions (e.g., Quebec and California) and ERGs (inclusion still to be determined). 3.13.3 Ontario will enforce compliance under the existing provincial enforcement framework. However like WCI, the province is proposing to subject excess emissions to an additional 3 to 1 compliance penalty, meaning the non-compliant emitter would surrender three extra allowances plus the allowances originally owed. An emitter's holding account could also be suspended for failure to surrender required allowances/offset credits. 1 Q 7 8-34 �: Report #2015-F-86 Page 16 of 19 3.13.4 Registration can be revoked for fraud, or criminal offences related to market integrity, insider trading, false information or other offences, including convictions in the USA. Ontario will develop rules on the application of administrative monetary penalties and financial penalties for a range of regulatory violations. 1:: is the rap`a roaeh fob demar trat�n `cam" .Iiance;.suitabld.t :ari:Oritarfo context? p . A... g P Hovii:could �t be improved? = .2'Sf lbo'd:Ontario;irtslucla g re,.uiremerit-to::s, .mit:aliouvarices.,fa.r. a ,orfian_af:orriis5:i6.. .:,;:.. a`iil_tr..ueu fio `'7ue:com 'anles:arid;staff_ex : rence:. eforehecoiri liarce= eadfin`' .; t n 1 irvh" "`orfiiori'of tl e:::cam `liance;a i "ation'si c uld cvm' a 'ies.be:.re a wire p}.,.,...,. _ .. j .s b a e �e: '�5:..ro�-`5010£tC; ?::: h S:flPP d th- i ::UV e' e p?i a - ..e 1 u �i ' :take'- - rk:. - - - p, - S i - 5;`Are: tie o d``enforerne` v nt : ro isiois suffic'ien`t t <e:._ e;.:' -.- .'proposensu-r .com larcer'`a'ca` a5d :rr.: trades•. ste Shaul.d.an :.of th m ' y.:: .. m,.: e b. scale. clifferetj -.lf- e �vc} ':ap° :sand:t7ow-. _,.. t.. i. = `UVha:t�ddt�ionaC-er�forcement.tools should`Orita�io consider fio"ers"re`comp!`_ :.:.,,,. . .z u. iance'uvti: ro :.rules.. ram . g hats c d Qnta o c-ons�der r estak�'lshfn `ari administrative:�.erai` scheme. 3,13.5-A partial true-up mid-way through the compliance period should not obstruct the flexibility accorded by the multi-year compliance period and meant to ensure covered entities can meet compliance obligations as they determine appropriate, and potentially significant, investments and/or new technologies which could require additional time to implement properly. 4.0 Conclusions 4.1 Ontario is seeking feedback on its proposed cap and trade framework. This submission continues to advocate for the exclusion of all solid waste management disposal options from the Ontario cap and trade program,*consistent with the WCI cap and trade programs of Quebec and California to which Ontario intends to link. Incentives will be negatively skewed by the province's proposal to include EFW within the cap and trade system, while excluding fugitive methane emissions from landfill. - 4.2 While the province,acknowledges the contributions and actions undertaken by municipalities in preparing for, and responding to climate change, AMO has recently joined forces with the UQM to ensure municipal interests and concerns continue to be considered within the cap and trade program and other climate related endeavors. 8-35 108 Report #2015-F-86 Page 17 of 19 (' 4.3 As presented to the AMO Board in September 2015, the AMO Climate Change Task Force has put forward recommendations related to climate change adaptation and mitigation efforts, issues of rural and northern concern, in addition to items of municipal importance relating to the proposed cap and trade program. Specific to the latter, the AMO Climate Change Task Force has outlined the following recommendations to MOECC: Additional predictable provincial funding be provided to municipalities to:allow for the continued investment in key infrastructure which can serve to mitigate GHG emissions, including but not limited to, transit and active transportation Infrastructure as well as green buildings. More specifically, dedicated revenues to support municipal infrastructure requirements should come through cap and trade program revenues; and, The proposed cap and trade program and climate change strategy and plan j should provide credit for early action in achieving GHG emissions reductions (i.e. emission offsets.).prior to program implementation which should include municipal projects and initiatives. 4.4 The AMO Task Force recognized the significant role and influence that municipalities have ewith regards to the provision of key services and critical infrastructure. 4.5 Financial impacts resulting from the province's proposed cap and trade system and regulation:of upstream entities are.currently unknown, however a potentially significant increase in Regional energy costs, currently totalling over$42 million annually, can be anticipated. LL 4.6 The Region has considerable interest in better understanding the potential financial, accounting and reporting-related impacts from the proposed cap and trade program. Aside from anticipated cost impacts, areas of interest include: additional reporting requirements.; carbon accounting., emission baseline and inventory development; consideration of complementary GHG emission reduction programs and policies; potential opportunities from carbon offsets; and, recognition .of early=action initiatives. r } i r i j 1 0 9 8-36 Report #2015-F-86 Page 18 of 19 4.7 This report has been prepared with the assistance of Works department staff and the interdepartmental Climate. Change Staff Working group, as co-ordinated by the Finance Department, and has been reviewed by the Commissioner of Works. 4.8 Regional staff will continue to monitor and report back to Regional Council on potential implications related to the proposed cap and trade system as commitments.are made by the.province around the various design features noted herein. Furthermore., specific program impacts will also be evaluated and considered further by department staff through future reporting, including annual Servicing and Financing Studies across major program areas. Respectfully submitted,. R.J. Clapp.;CRA, CA Commissioner of Finance, Recommended for Presentation to Committee .a G.H. Cubitt, MSW Chief Administrative Officer 8-37 1 1 0 Report#2015-F-86 Page 19 of 19 List of Acronyms AMO Association of Municipalities Ontario CAD Canadian Dollars CH4 Methane CO2e Carbon Dioxide Equivalent EBR Environmental Bill of Rights EFW Energy from Waste EITE Emission Intensive-'Trade Exposed ERC Early Reduction Credit EU ETS European Union Emissions Trading System GHGGreenhouse Gas . I GIMP Global Warming Potential IESO Independent Electricity System Operator MOECC Ministry of the Environment and Climate Change N90 Nitrous Oxide OWMA Ontario Waste Management Association RGGI Regional Greenhouse Gas Initiative SOP Standard Offer Program UQM Union of Quebec Municipalities USD United States Dollars WCI Western Climate Initiative 8-38 December 18, 2015 DOPSTRIB go The Right Honourable Justin Trudeae 1 REv!L+avl 9 ev j Prime Minister of Canada OP!Gt,•s',-T` • House of Commons ❑ COUNCILElF!LE j Ottawa, ON K1A OA6 i oIRErnoN INFORMATION }COPY Ti: ❑ MAYOR ❑ MEMBERS II,CAO Andtt OF CourC!L The Regional 5❑ COMIOUNITY O CORPORATE ❑ EMERGENCY Municipality The Honou le Kathleen Wynne SERVICES SERVICES SERVICES of Durham ❑ ENGINEER NIG ❑ MUNICIPAL ❑ OPERATIONS PremieOntario SERVICES CLERK'S - ---- — - — Corporate Services Mai egislative Building, Room 281 PLANNING ❑ SOLICITORS TREASURY Department.- een's Park SERVICES - Legislative Services oronto, ON M7A 1A1 El OTHER . r 605 ROSSLAND RD.E. MUNICIPAL CLERK'S FILE PO BOX 623 . WHITBY ON LiN 6A3 CANADA RE: Proposal Regarding an Ontario Climate Resilience Fund 905-668-7711 (2015-J-56), Our File: E00 1 1-800-372-1102 Fax:905-668-9963 Please be advised that the Joint Finance & Administration, Health & www.durham.ca Social Services, Planning & Economic Development and Works � Committees of Regional Council considered the above•matter and at a Matthew L.Gaskell meeting held on December 16, 2015, Council adopted the following Commissioner of recommendations of the Joint Committees: Corporate Services "That the Proposal for an Ontario Climate Resilience Fund be approved; and f That a copy of Joint Report#2015-J-56 and the Proposal for an Ontario Climate Resilience Fund (outlined in Attachment 1 to Joint Report #2015-J756) be forwarded to local area municipalities, Durham Area MPs and MPPs, Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM), and members of the Clean Air Council for their information." L For your reference, at their meeting held on December 16, 2015, Regional Council also adopted the following resolution to the Premier of Ontario proposed by the Association of Municipalities of Ontario: "Please be advised that the Regional Municipality of Durham supports j the collaboration of the Association of Municipalities of Ontario and the Union of Quebec Municipalities to enhance and support municipal climate action in our provinces. f I` <�c Sw-VT eftence fogdal 6 Ftes" If this information is required in an accessible formatAlf ft , please contact 8_39 ` r the Accessibility Co-ordinator at 1-800-372-1102 ext. 2009. - 2 - To help meet reduction targets and to reduce emissions in our communities and improve resilience in local economies, we call on you to.work in partnership with local governments and: • Give municipalities adequate, stable and long-term funding resources to-invest in greenhouse gas reduction initiatives in our communities such as public transit and active transportation, building energy efficiency, water conservation, planning development and other programs; • Recognize municipal projects that reduce greenhouse gases for. offset credits in Cap and Trade programs; • Provide dedicated funding for climate`change adaptation to help municipalities provide.resilient infrastructure to keep our economies and communities functioning and productive; and • Provide-tools to help facilitate and transfer knowledge regarding greenhouse gas reduction and climate adaptation.projects." t � Please find enclosed a copy of Joint Report#2015-J=56, for your information. Debi A. Wilcox,-MPA, CMO, CMM III Regional Clerk/Director of Legislative Services DW/tf c: Please see attached list 8-40 - 3 - c: The Honourable-Glen Murray,.Minister of-the Environment and Climate Change M. deRond, Clerk, Town of Ajax T. Gettinby, CAO/Clerk, Towinship.of Brock A. Greentree; Clerk, Municipality of.Clarington. S. Kranc, Clerk,-City of.Oshawa D. Shields, Clerk, City of Pickering - K. Coates, Interim Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby G. Anderson, M'PP (Durham) J. Dickson, MPP (Ajax/Pickering) J. French,. MPP (Oshawa)- The Honourable T. MacCharles, MPP (Pickering/Scarborough East) L. Scott, MPP (Haliburton/Kawartha Lakes/Brock) 4 J. O'Connell, MP, Flickering-Uxbridge M. Holland, MP, Ajax C. Caesar-Chavannes, MP,'Whitby C. Carrie, MP, Oshawa E. O'Toole, MP, Durham $ J. Schmale, MP, .Haliburton-Kawartha Lakes-Brock K. Rudd, MP, Northumberland-Peterborough South. P. Vanini, Executive Director, Association of Municipalities of Ontario B. ,Carlton, Chief Executive Officer, Federation of Canadian Municipalities G. Kalapos, Executive Director, Clean Air-Partnership ' P.. Reid,-Director of Corporate Policy and Strategic-Initiatives r r F I 8-41 - j i The Regional Municipality of Durham Report c To: The Joint Finance & Administration, Health & Social Services, Planning & Economic Development and Works Committee From: Pauline Reid., Director of Corporate Policy and Strategic initiatives j Report: #2015-J-56 Date: December 3, 2015 Subject: Proposal Regarding an Ontario Climate Resilience Fund i Recommendation: t2 I THAT the Joint Finance &Administration, Health & Social Services, Planning& r Economic Development-and Works Committee recommends to Regional Council that the Proposal for an Ontario Climate Resilience Fund be approved.; and THAT a copy of this report and proposal be forwarded to local area municipalities, j Durham Area MPs and MPPs, Association of Municipalities of Ontario (AMO), the j Federation of Canadian Municipalities (FCM), and members of the Ciean Air Council for the.ir'information. 1.. Purpose r 1.1. The purpose of the memo is to present the Proposal far an Ontario Climate Resilience :Fund for approval and recommendation to Regional Council for 1 endorsement 2. Background I t 2.1. On January 21; 2015 Regional Council. endorsed the progress Report on the Community Climate Adaptation Plan which laid out next steps including Phase c 2 focused on Program Design in 2015, Phase 3 forecasted to include Program Approvals and Funding in 2016 and Phase 4 focused on initiating Program Implementation. in 2017 and beyond. Thus, there will be a.need to anticipate ;( new funding sources.for Durham community climate adaptation investments which, under current conditions, fall largely to local governments and local Ih 8-43 Report#2015-J-56 Page 2 of 4 If this information is required in an accessible format please contact 1-800-372-1102 ext. 2009 taxpayers to support. 2.2. The revised Terms of Reference for the DRRCC dated March 13, 2015 (approved by Regional Council on April 22, 2015) include the following under .. Scope of Activities: "Provide information that would assist Regional Council in lobbying the Provincial and Federal governments to undertake activities that address both climate change mitigation and adaptation measures and encourage -international action." Thus, this initiative is consistent with the explicit advocacy role of DR.RCC. 2.3. The provincial government released a Climate Change Discussion.Paper in February 2015 to which the Region of Durham responded officially on April 9, 2015 (Report 2015-Y-20). Among the recommendations from the Region was one which stated: "Provincial climate change actions and policies should not result in the need for additional funding by municipalities. Therefore, consistent with the approach that the Association of Municipalities of Ontario (AMO) is developing, the Government of Ontario should plan to-create dedicated funding to assist local governments with the task of adapting infrastructure . and services to the new climate realities in Ontario. 2.4. In April of 2015, the Provincial Government announced that it was pursuing a Ca.p and Trade Program as a major element of its Climate Change Action Plan. This new program is expected to raise between $1 and 2 billion per year in new revenues through the sale of allowances to GHG emitters-in the province. These revenues are to be recycled into supporting climate initiatives. 2.5. In October, a new federal government was elected.on a platform which included a doubling of infrastructure spending over the next 10 years including significant new funding for "green 'infrastructure"., described in the Liberal Party election platform as: "Our dedicated funding for green infrastructure will support a broad range of projects, including but not limited to: local water and wastewater 8-44 Report #2015-J-56 Page 3 of 4 If this information is required in an accessible format please contact 1-800-372-1102 ext. 2009 I' facilities, climate resilient infrastructure, clean energy, and clean-up of contaminated sites to facilitate new construction. We will also support efforts to prepare for changing weather patterns, such as: protections against wildfires, improved storm water systems to diminish the impact of urban floods, additional dams and dikes to prevent overland or coastal flooding, the reinforcement of energy systems in the face of possible ice storms, and the reinforcement of infrastructure to confront melting permafrost in our,North. These and other efforts will be undertaken in partnership with other levels of government and based on the best available science." 3. Ontario Climate Resilience Fund 3.1. Attachment 1 outlines a proposal for an Ontario Climate Resilience Fund which is intended to provide.significant funding for climate adaptation projects and programs by.municipal gov6Imarits across Ontario (and by extension across i' Canada)'. Currently'municipal governments (both upper and lower tier) are essentially responsible for providing. 100% of the funding for adaptation investments and programs to protect the infrastructure and citizens of our municipalities against the impacts of a changing climate. The concept for an Ontario Climate Resilience Fund is designed to bring provincial, federal and insurance industry funding together into an effective,_efficient'and equitable funding program to enable municipalities to undertake priority investments in infrastructure and programs. G 4. Financial Considerations 4.1. The intent of this proposed fund is to reduce.the burden of the "climate deficit" on munidi al governments and their taxpayers b levers ingprovincial federal and insurance industry funding for infrastructure investments and new programs to protect public and private infrastructure_ Currently municipalities are responsible for 100% of this funding. If.successful, this program could lower that burden to 25%. ` i 5. Next Steps j 5.1. Following approval by Regional Council, this proposal will be forwarded to the local area municipalities, Durham Area MPs and MPPs, Association of 4" 8-45 Report##2015-J-56 Page 4 of 4 If this information is required in an accessible format please contact 1-800-372-1102 ext. 2009 Municipalities of Ontario (AMO), the Federation .of Canadian Municipalities (FCM), and members of the Clean Air Council for potential support by a large number-of municipalities across Ontario. It will also serve as thebasis for an advocacy campaign by the Region of Durham and the DRRGC directed toward the Ontario and Federal Governments to pursue the creation of such a fund. 6. Conclusion 6.1. Given the pressure on municipal governments with increasing infrastructure . deficits, the ability to access funding for climate related projects would be welcomed. _ r Duline Reid Director of Corporate Policy & Strategic Initiatives Recommended for Presentation to Committee G.H. Cub' MSW Chief .dministrative Officer Attachment 1: Proposal for an Ontario CIimate.Resilien ce Fund Attachment 2: Direction Memorandum Attachment 3: Memorandum to- DRRGC re: Proposal Regarding an Ontario Climate Resilience Fund 8-46 li Attachment 1 to Report 2015-J-56 Proposal for an Ontario Climate Resilience � f Fund 1. Introduction This.preliminary paper outlines a proposed Ontario Climate Resilience Fund f designed to assist municipalities to make critical investments in the infrastructure and programs necessary to protect their communities against the extreme weather associated with the changing climate in Ontario. i 4 2. Rationale J, _- The.global climate is.being altered and in Ontario this generally means warmer, wetter and wilder weather that will exceed the capacity of our current community infrastructure and programs to cope. Indeed, this is already happening as demonstrated by recent events in Ontario.'The costs of adaptation to this "new normal" are significant and well beyond the ability of the municipal property tax base alone to fund. Moreover, this "climate deficit" is on top of thecurrent "infrastructure -deficit"which municipaffies are already suffering.as-a result of aging and neglected F infrastructure-. An important part of the-Province's forthcoming Climate Action Plan { could be a new, dedicated Climate Resilience Fund designed to strategically direct and financially assist municipalities to make the necessary investments in new and retrofitted physical infrastructure and new programs to monitor, respond to and prevent climate-related damage. 3. The Concept The Ontario.Climate Resilience Fund could be a major element of the,Ontario Climate Action Plan intended to promote, prioritize and financially support meaningful investment of funds into. programs by municipal governments to protect infrastructure and citizens against the impacts of a changing climate. It should'be designed as a matching grant fund to which local .governments.make appfications which meet prescribed criteria demonstrating proactive..climate adaptation planning and local co-fundiing. Such a Fund would be a very tangible example of investing Cap and Trade Program 'revenues into measures which bring direct benefit to citizens and.taxpayers. j 4. Sources of Funding This program could be self-funded from the sale of allowances under the-Ontario Cap and Trade Program. Indeed, roughly half of the revenues from Cap and Trade Program could be allocated to adaptation programs to protect Ontario's 8-47 Attachment 1 to Report 2015-J-56 infrastructure and its citizens from the inevitable effects of climate change. The other half could be invested in GHG mitigation programs. Ontario municipalities would be expected to match provincial funding. Note that under the current situation, municipalities are essentially responsible for 100% of climate adaptation costs. The new Federal government should be requested to contribute an amount equal to the Province's share. The insurance industry could also be approached at the right time to also contribute an appropriate share. For the insurance companies, prevention should be less costly than payouts. Ultimately, a 8:1 leverage proposition should be attractive to the four major contributors. (See Financial Projections in Table 1) 5. Eligible Applicants and Participants This Fund should be directed exclusively to municipal investments in: a Municipal, utility and conservation authority infrastructure (such as roads, bridges, culverts, stormwater management systems, water supply and wastewater treatment, electrical service, dams, weirs etc.); - Y Municipal or conservation authority programs to help affected citizens prevent or manage.the impacts of changing climate (health programs, food security., cooling centres, improved building standards and upgrades, natural environment protection .etc.). The Fund should be mostly for capital investments but maintenance and program design and operating costs should also be eligible (with certain .rest(ctions). In order to promote cost-effective investments, a prerequisite `dor application to the fund should be the completion and adoption (by municipal council) of a comprehensive .Community Climate Adaptation Plan which identifies climate trends, the resulting risks, adaptive measures and programs to implement theappropriate actions. The government should set out the model for an acceptable Adaptation Plan as a-requirement far.application to the Climate Resilience Fund. The funding sought by applicants should relate to the high priority programs and actions identified in their Adaptation Plans and should be matched by municipal//utility funds. 8-48 Attachment 1 to Report 2015-J-56 6. Timing and Size of the Fund The Ontario Climate Resilience Fund could be announced in the fall of 2015 as a major element of the Ontario Climate Action Plan. Further details could be revealed in the 2016 Ontario Budget together with the linkage to the Cap and Trade Program as the major source of funding. The Fund should be launched on January1, 2017 with ani initial Provincial contribution of$500 million. 'The Provincial contribution should be ramped up each year by about$200 Million. By.2020 the Fund should reach its designed maximum Provincial contribution of $1 billion/year and remain flat at that level until 2025. The rationale, operations, effectiveness and size of the fund should be thoroughly evaluated in 2024 with possible revision and renewal in 2025 and 5-year increments thereafter. See Financial Projections in Table 1. 7, Positioning In order to maximize the chances of success.(increased resilience to extreme . weather in Ontario), it will be necessary to position the Fund as: a a "Made in Ontario" initiative in response to the growing recognition of the "climate deficit" in the province, o a significant element of the Provincial.Climate Action Plan; o funded by provincial revenues from the sale of allowances under the Cap and Trade Program; a cost-shared program with the municipalities;, a program calling for an equal federal contribution from the new Federal Government; I i a program that will ..request a significant annual contribution from the r insurance industry; e A fund dedicated exclusively to climate resilience investments by j municipalities in Ontario; A fund.requiring up-front analysis and planning by municipalities in order to optimize the results of the investments. i` 8-49 CO csi . O Table 1 : Financial Projections. Proposal for-an Ontario Climate Resilience Fund Provincial Municipal' Federal Insurance Year Ind.utry 'Total Fund Contribution .Matching.Funds Contribution Contribution 2017 $500M $500M $500M $500M $2.OB 2018 $700M $700M $700M $700M $2.8B 2019 $900M $900M $900M $900M $3.OB 2020 $1 B $1 B $1 B $1 B $4.0B 2021 and beyond $1 B $1 B $1 B $1 B $4.OB A r-r T m . N t , Attachment 2 to Report 2015+56 Direction. Memo TO: P. Reid, 'Director, Corporate Policy and Strategic Initiatives FROM: N. Prasad, Committee Clerk Corporate Services — Legislative Services DATE: November 23, 2015 RE: Direction as per minutes of: DURHAM REGION ROUNDTABLE November 13, 2015 ITEM 6.A ON CLIMATE CHANGE 6. Proposal for Ontario Climate Resilience Fund A) Brian Kelly, Manager of Sustainability B. Kelly, Manager of Sustainability, provided.a PowerPoint presentation E regarding the Proposal for an Ontario Climate Resilience Fund. A Memorandum from P. Reid, Director.of Corporate Policy and Strategic Initiatives was provided as Attachment#5 to the Agenda and a copy of the PowerPoint was provided by email to Committee members. B. Kelly advised that the proposal for the Ontario.Climate Resilience Fund is to anticipate the need for funding from the federal and provincial governments for climate adaptation projects and programs that are starting to materialize; to present an attractive Resilience Fund concept to provincial and federal governments; to leverage .ins-uranoe industry funding; and to initiate advocacy for a Resilience Fund. Highlights of the presentation included: Purpose The Concept. The Concept (Year 1) j ® Eligibility for Fund Prerequisites New Federal Commitments a .Liberal Election Platform Financial Projections Scoping the Fund Next Steps wiae,�zoellence uir Communities" 8-51 Page 2 Discussion ensued with regards to the extent of advocacy on behalf of the proposal and the possibility of providing information to various agencies and organizations such as the Association of Municipalities of Ontario (AMO), the Fedei-atian of Canadian 'Municipalities (FMC), and'othe`r municipalities etc. to help advocate on the Committee's .behalf. Discussion also,ensued with respect to whether staff has received any feedback from the insurance industry; and how priorities will be determined with respect to how funding is applied to future projects. Moved by Councillor Ballinger, That the Durham Region Roundtable on Climate Change recommends to the Joint Finance &Administration, Health & Social Services, Planning & Economic Development and Works Committees that the Proposal for an Ontario Climate Resilience Fund.be approved. CARRIED. Nola Prasad Committee Clerk C. B. Kelly, Manager of Sustainability, Office of the CAO A. Hogan, Climate Change Coordinator, Office of the CAO 8-52 Attachment 3 to Report 2015-J-56 If this information is required in an accessible format please contact 1-800-372-1102 ext. 2009 Memorandum To: Durham Region Roundtable on Climate Change From: Pauline Reid, Director of Corporate Policy and Strategic Initiatives Date: November 13, 2015 Re: Proposal Regarding an Ontario Climate Resilience Fund Recommendations; THAT the Durham Region Roundtable on -Climate Change recommends to the Joint Finance.&Administration, Health and'Social.Services, Planning & Economic Development and Works Committee that the Proposal for an Ontario Climate Resilience Fund be approved. i Report: i 1. Purpose I 1.1. The purpose of the memo is to present the Proposal for an Ontario Climate Resilience Fund for approval and recommendation to Regional Council for endorsement. t 2. Background 2.1. On January 21, 201:5 Regional Council endorsed the progress Report on the Community Climate Adaptation Plan which laid out next steps including Phase 2 focused on Program Design in 2015, Ph-ase 3 forecasted to include Program Approvals and Funding in 2016 and Phase 4 focused on initiating Program Implementation in 2017 and beyond. Thus, there will be a.need to anticipate t' new'funding sources for Durham community climate adaptation investments which., under current conditions, fail largely to local governments and local taxpayers to support. 2.2. The revised Terms of Reference for the DRRC� C dated-March 13, 2015 (approved by Regional Council on April 22, 2'0 15) .include the following under Scope of Activities: 1 . r. 8-53 Attachment 3 to Report 2015-J-56 If this information is required in an accessible format please contact 1-800-372-1142 ext. 2009 "Provide information that would assist Regional Council in lobbying the Provincial and Federal governments to undertake activities that address both climate change mitigation and-adaptation rimeasui-es and encourage international action." Thus, this initiative is consistent with the explicit advocacy role of DRRCC. 2.3. The provincial-government released a Climate Change Discussion Paper in February 2015 to which the Region of Durham responded officially on April 9, 2015 (Report 2015-J-20). Among the recommendations from the Region was one which stated: "Provincial climate change actions and policies should not result in the need for additional funding by municipalities. Therefore, consistent with the approach that the Association of Municipalities of Ontario (AMO) is developing, the Government of Ontario should plan to create Dedicated funding to assist local governments with the task.of adapting infrastructure and.services to the new climate realities in Ontario.." 2.4. In April of 2015., the Provincial Government announced that it was pursuing a Cap and Trade Program as.a major element of its Climate Change Action Plan. This new program is expected to raise between $1 and 2 billion per year in new revenues through the sale of allowances to GHG emitters in the province. These revenues are to be recycled into supporting climate initiatives, 2.5. In October, anew federal government was elected on a platForm,which included a doubling of infrastructure spending over the next 10 years including .significant new funding for "green infrastructure", described in the Liberal Party election platform as: "Our dedicated funding for green infrastructure will support a broad range of projects, including but not limited to: local'water and wastewater .facilities, climate resilient infrastructure, clean energy, and clean-up of contaminated sites to facilitate new construction. We will also support efforts to prepare for changing Weather patterns., such as: protections- against wildfires, improved storm water systems to diminish the impact of 2 8-54 14 i E Attachment 3 to Report 2015-J-56 If this information is required in an accessible format please contact 1-800-372-1102 ext. 2009 urban floods, additional dams and dikes to prevent overland or coastal flooding, the reinforcement of energy systems in the face of possible ice storms, and the reinforcement of infrastructure to confront melting I permafrost in our North, These and other efforts will be undertaken in partnership with other levels of government and based on the best available science." 3. Ontario Climate Resilience Fund 3.1. Attachment 1 outlines a proposal for an Ontario Climate Resilience Fund which is intended to provide significant funding for climate adaptation projects and programs by municipal governments across Ontario (and by extension.across Canada). Currently municipal governments (both upper and lower tier) are I essentially responsible for providing 100% of the funding for adaptation investments and programs to protect the infrastructure and citizens of our municipalities against the impacts of a changing climate. The concept for an Ontario Climate Resilience Fund is designed to bring provincial, federal and insurance industry funding together into an effective., efficient and .equitable E' funding program to enable municipalities to undertake priority investments in infrastructure and programs. 4. Financial Considerations t 4.1. The intent of.this proposed fund is to reduce the burden of the "climate deficit" f on municipal governments and their taxpayers by leveraging provincial, federal and insurance industry funding for infrastructure investments and new programs to protect public and private infrastructure. Currently municipalities are responsible for 100% of this funding. If successful, this program could lower that burden to 25%. 5. Next Steps 5.1. Following approval by Regional Council, this proposal will be forwarded to the Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM), and members of the Clean Air Council for potential support by a large number of municipalities across Ontario. It will also serve as the basis for an advocacy campaign by the Region of Durham and the DRRCC i r 3 8-55 Attachment 3 to Report 2015-J-56 If this information is rewired in an accessible format please contact 1-800=372-1102 ext. 2009 directed toward the Ontario and Federal Governments to pursue the creation of .such a fund. 6. Conclusion 6.1. Given the pressure.on municipal governments with increasing 'infrastructure deficits, the ability to access funding for climate related projects would be welcomed. Pauline Reid Director of Corporate Policy &.Strategic Initiatives Attachment 1: Proposal for an Ontario Climate Resilience Fund 4 8-56 f j, ONTAR10runtR Briar McGee , GENERATION Senior Vice President,Pickering Nuclear i 1675 Montgomery Park Road,'Pickering,ON,L1V 2R5 Tet:(905)839-1151,X3643 Email:brian.mcgee@opg.com Mayor David Ryan DECEMBER 15, 2015 City of Pickering 1 The Esplanade South Pickering, ON L1V 6K7 I Letter to the Canadian Nuclear Safety Commission re:Pickering Nuclear Generating Station Dear Mayor Ryan and Council members, On April 22,2014, City of Pickering council passed a motion and subsequently submitted a letter to the Canadian Nuclear Safety Commission(CNSC)as part of the hearing to consider our application to remove the"hold point'from the Pickering station operating licence.Your letter requests the CNSC require OPO to submit a draft decommissioning plan for the Pickering Nuclear station by year-end 2015. We are pleased to provide you with a follow up respond to your request-for submission of a Draft Decommissioning Plan.Currently,our draft plan is due to the CNSC by the end of 2017 and will become a public document at that time; however,to fulfil our commitment to the City of Pickering please find enclosed the draft decommissioning plan. For your information,we have posted the document on our public website: httn://www.opo.com/generating)ower/nuclear/stations/oickering-nuclear/Pages/Public- Hearing-on-Pickering-Licence.aspx At OPG,we work hard to earn and maintain the trust of the public, in particular the residents of the communities in which we operate generating stations.This includes a commitment to sharing information about the safety and operations of stations in an open and transparent manner. Many of our employees are also residents of Durham Region and I share your desire to ensure our community is a safe and healthy place to live and work. We are proud that Pickering Nuclear has been a part of the community for more than 40 years,We value the relationship we have developed with City of Pickering council and staff which has promoted ongoing open and frank-dialogue over the years. I encourage you to contact me directly anytime if you or any member of the community=ha _testierrer- - ��--u- - concern about our operations. (ill STRIBUTO N i I look forward to sharing more information about our station operati�AvfvffiR We-appear before council in the New Year to provide you with our annual upd IteRAtrthat'lime III also be happy to address any questions about the items outlined in t�i�l��tehr. L ❑ FILE OIREOTION INFORNiArION J jr1an urs trul coax To . I I ❑ MAYOR ❑ MEMBERS ❑ CAO OF COUNCIL COMMUNIMcGee ❑ SERVIC S� SEERVICESTE ❑ SERVCESCY} Senior Vice President ❑ ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS Ontario Power Generation-Pickering Nuclear SERVICES CLERK'S ❑ PLANNING ❑ SOLICITOR ❑ TREASURY SERVICES ❑ OTHER — MUNICIPAL CLERK'S FILE is 8-57 Cc: The Honourable Kathleen Wynne, Premier of Ontario The Honourable Tracy MacCharles, MPP, Pickering-Scarborough East Joe Dickson, MPP Ajax-Pickering Jennifer O'Connell, MP, Pickering-Uxbridge Mark Holland, MP, Ajax Celina Caesar-Chavannes, MP,Whitby Deborah Bowen, Regional Clerk, Region of Durham Debbie Leroux, Clerk, Township of Uxbridge Debi Wilcox, Clerk, Town of Whitby Thom Gettinby,Township of Brock Anne Greentree, Clerk, Municipality of Clarington Christopher Harris, Clerk,Township of Scugog Sandra Kranc, City Clerk, City of Oshawa Martin de Rond, Clerk, Town of Ajax Pickering Nuclear Community Advisory Council Canadian Nuclear Safety Commission II } 4 r I { 1 I 8-58' t wwa�Na' Internal Use Only ONTAR10runt� DocumentNumbaE us.gaulaasn'Canonl GENERATION P-PLAN-00960-00006 Bhaat Numbar. Revision: R000 Tftia: DECOMMISSIONING STRATEGY FOR THE PICKERING NUCLEAR GENERATING STATION ©Ontario Power Generation Inc.,2015. This document has been produced and distributed for Ontario Power Generation Inc. purposes only. No part of this document may be reproduced,published,converted,or stored in any data retrieval system,or transmitted in any form or by any means(electronic,mechanical,photocopying,recording,or otherwise)without the prior written i permission of Ontario Power Generation Inc. I Decommissioning Strategy for. ;. Pickering Nuclear Generating Station P-PLAN-00960-00005-11000 2015-10-28 Order Number: N/A Other Reference Number: Internal Use Only I 1 I� Prepared By: `"�t"?9r Lo/S� Reviewed By. i a1scu Date V.Bostan Date Associate Section Manager Engineer/Officer Engineering Decommissioning& Decommissioning& Safestore Safestore �! 19a siok< Reviewed By: Vishan WgobK Date Reviewed By: Don Jarron Date Manager Director Decommissioning& Safe Storage Safestore Engineering Pf Approved By: Ke Date VP Nuclear E Decommissioning Division Associated with document type N TMP-10010-R012,Controlled Document or Record(Microsoft®2007) 8-59 Internal Use Only oocumentNumber, Us go clesslficatlon: P-PLAN-00960-00005 sheet Number. Revision Number. ,Page: I. R000 2 of 11 THIe: DECOMMISSIONING STRATEGY FOR PICKERING NUCLEAR GENERATING STATION Table of Contents Page RevisionSummary......................................................................................................................3 RecordsTable.............................................................................................................................4 1.0 BACKGROUND...........................................................................................................5 2.0 BASIS FOR OPG'S DECOMMISSIONING STRATEGY..............................................5 2.1.1 Context.........................................................................................................................5 2.1.2 Deferred Decommissioning..........................................................................................5 2.13 Decommissioning Cost Estimate and Funding..............................................................6 3.0 DECOMMISSIONING PLANS SPECIFIC TO PICKERING..........................................6 3.1 Preliminary Decommissioning Plan ............:.................................................................7 3.2 Stabilization Activity Plan..............................................................................................7 3.3 Storage and Surveillance Plan:....................................................................................8 3.4 Detailed Decommissioning Plan...................................................................................9 N-TMP-10010-RO12(Microsoft@ 2007) 8-60 Infernal Use Only Document Number. Uuge clasmcatlon: P-PLANa00960-00005 'Sheet Number, a Revislon Number. Pa➢e: j 8000 3 of 11 nne: I DECOMMISSIONING ST'RAT'EGY FOR PICKERING NUCLEAR GENERATING STATI®N Revision Summary Revision f' Number Date Comments R000 2015-10-28 Initial issue. i il. L i L f' L I' I I t 1 i I' L i 4' L i h i i' N-TMP-10010-R012(Microsoft@ 2007) i 8-61 (; Internal Use Only Document Number. usagecimiffil tion: P-PLAN-00960-00005 Sheet Number. Revision Number, Page: 8000 4 of 11 TtNe: , DECOMMISSIONING STRATEGY FOR PICKERING NUCLEAR GENERATING STATION Records Table The following Records may be generated by use of this document and shall be registered in the appropriate document management system in accordance with the following table: QA Associated Form or Record?; Filing Information/Retention Record Created Template Number YIN (AIMS Type/Sub-Type) N TMP-10010-8012(Microsoft®2007) 8-62 I j internal Use Only- Document Number. Usage classuicauon: P-PLAN-00960-00005 Shat Number. FtWilon Number. Page: R000 5 of 11 W DECOMMISSIONING STRATEGY FOR PICKERING NUCLEAR GENERATING STATION 1.0 BACKGROUND • 6 Ontario Power Generation's(OPG's)plan has been, and continues to be, to apply a deferred decommissioning strategy with an approximately 30 years safe storage period after final shut down of its Pickering Nuclear Generating Station(PNGS). As per current planning assumptions, permanent shutdown of the facility is to take place approximately in 2020. An evaluation of the end of operations and the declaration of shutdown date is to be submitted to the Canadian Nuclear Safety Commission(CNSC) by June 2017. The basis for this strategyls provided below in section 2.0.Applying this strategy, the PNGS will pass through four distinct stages post shutdown (refer to Figure 1).These are: 1) Preparation for.Safe Storage 2) Safe Storage(also referred to as SAFSTOR) 3) Dismantling and Demolition i f 4) Site Restoration During each of these stages, OPG is committed to ensuring the safe management of the facility. C Program specifics for each stage are provided in greater detail in section 3.0 below. i i! 2.0 BASIS FOR OPG'S DECOMMISSIONING STRATEGY 2.1.1 Context Canadian regulations require that planning for decommissioning takes place throughout a licensed facility's lifetime. Licences issued by the CNSC include requirements for the submission of decommissioning plans and associated financial guarantee. Further, the CNSC guidelines suggest that (' the following three basic alternative strategies should be evaluated in support of those plans: prompt decommissioning, deferred decommissioning,and in-situ entombment. The main feature that distinguishes the decommissioning of a nuclear station from that of any other large L industrial plant is the radiological hazard. Dismantling the radioactive parts of the station is considered to be the most challenging and labour and cost intensive activities involved in decommissioning. Hence, reducing the amount of radiation exposure to workers was one of the most important factors considered when OPG developed its strategy for decommissioning. 2.1.2 Deferred Decommissioning Planning for decommissioning of OPG's nuclear generating stations began in the 1980's and considered fhe three basic strategies (i.e., prompt decommissioning, deferred decommissioning and in-situ entombment). Decommissioning options are re-examined periodically and international trends and approaches are considered for applicability. Currently, OPG's strategy for decommissioning is to shut down and place its nuclear generating stations in SAFSTOR for approximately 30 years, followed by dismantling, demolition, and site restoration. SAFSTOR is a general industry term used to refer to the physical, operational and administrative stage which the PNGS will exist in during the approximately 30 year SAFSTOR period.This strategy is a commonly used option internationally. ' . f N-TMP-10010-R012(Microsoft®2007) 8-63 Internal Use Only Documant Number. usage classfioation: P-PLAN-00960-00005 Sheet Number. IRevisionNumber. Page: Title; R000 6 of 11 DECOMMISSIONING STRATEGY FOR PICKERING NUCLEAR GENERATING STATION This strategy was chosen based on the following considerations and benefits: 1) Avoids dose/radiation exposure to workers consistent with the As Low As Reasonably Achievable (ALARA)principle. Initial information shows significant avoidance of occupational exposure. 2) Gives time to implement long-term Low and Intermediate Level Waste(L&ILW)disposal strategy and Used Fuel(UF)disposal strategy. 3) Allows continued growth of the decommissioning fund to help moderate price of power as a result of future expenditures vs. expenditures in the present. 4) Lower classification of radioactive waste is achieved through natural radiation decay and the ALARA goal is met. This additionally lowers waste management costs associated with handling, packaging,shielding, transporting and disposing of waste. 6) Efficiencies as a result of technological development in decommissioning and waste management, and benefit of industry decommissioning experience. 6) Reduced costs of dismantling activities due to substantially lower radiation levels. 7) Greater costs for longer deferral options due to increased facility caretaking needs with age(i.e., optimal deferral period of 30 years) 2.1.3 Decommissioning Cost Estimate and Funding OPG is required to maintain a Financial Guarantee in accordance with the criteria set out in the CNSC Regulations and Guidelines (e.g.,G-206 Financial Guarantees for the Decommissioning of Licensed Activities and G-219 Decommissioning Planning for Licensed Activities), CSA Standard N294 Decommissioning of Facilities Containing Nuclear Substances,and agreements with the Ontario government. In Dec. 2012, the CNSC accepted OPG's proposed 2013 to 2017 Financial Guarantee. The Financial Guarantee is supported by segregated funds that have been set aside for OPG's decommissioning liabilities and is based on the deferral period of approximately 30 years.The Financial Guarantee is normally updated on a five-year cycle. In addition to the five-year update cycle, OPG provides an annual financial guarantee report to the CNSC detailing the status of the guarantee including the amounts accumulated in the segregated funds and the value of the Provincial Guarantee required. Currently(Jan 2015), the segregated decommissioning fund is fully funded. OPG continuously monitors and incorporate best practices from the industry and has a high degree of confidence that the current decommissioning cost estimates are appropriate and sufficient based on the following: 1) Benchmarking of OPG's cost estimates against the international community of nuclear plants planning, undergoing, or completed decommissioning projects. 2) Independent third party review of OPG's cost estimates that were compared against estimating methodologies from nuclear decommissioning industry. 3.0 DECOMMISSIONING PLANS SPECIFIC TO PICKERING The End of Life of the Pickering nuclear facility will be managed through the following regulatory activities: a) A Preliminary Decommissioning Plan (PDP), and b) A Stabilization Activity Plan (SAP), and c) A Storage and Surveillance Plan (SSP), and d) A Detailed Decommissioning Plan (DDP) In general, the purpose of the aforementioned plans is to ensure that all reasonable precautions are taken to protect workers, the public and the environment from both radiological and conventional hazards as the plant transitions from operations to SAFSTOR to eventual dismantling and demolition(D&D). The plans will describe the arrangements and activities required to ensure a safe transition of PNGS from operations to SAFSTOR, and ultimately to D&D. OPG will address, as appropriate, all elements of the N-TMP-10010-RO12(Microsoft®2007) 8-64 1 I; Internal Use Only Document Number: Usage clasetfiatlon: P-PLAN-00960-00006 Sheet Number. Revision Number. Page: 8000 7 of 11 i Title: DECOMMISSIONING STRATEGY FOR PICKERING NUCLEAR GENERATING STATION i Safety and Control Areas (SCA)authorized by the licence, and provide information on the duration, and milestones for their execution. j OPG will also complete an Environmental Risk assessment as required by the CNSC. I In addition to developing the aforementioned plans, OPG is conducting a Repurposing Pickering Study to determine the most beneficial uses for the Pickering Nuclear Site once the station has ended commercial operations.The goal of this study is to help identify a broad range of potential uses of the site both during and after decommissioning. OPG is seeking input from many stakeholders, including: the local community, OPG's employees,community leaders, industry, government and planning specialists. The -key steps in planning for repurposing are: identify opportunities,screen for viability, assess options, and evaluate the business cases. Please refer to Figure 1 for an overview of the decommissioning strategy for PNGS.This schedule is based on current knowledge of the regulations at this time and is subject to change. Details on the activities to be undertaken in support of the PDP, SAP, SSP and DDP are summarized in the following sections. j r 3.1 Preliminary Decommissioning Plan Planning for the eventual decommissioning of Pickering Nuclear Station is an ongoing process, taking place throughout each stage of the licensed facility's life cycle. The PDP is the proposed plan for decommissioning and is prepared in accordance with CNSC Regulatory Guide G-219 and CSA N294 Standard,The PDP describes the activities that will,be required to decommission and restore the site for other OPG uses. It demonstrates that decommissioning is feasible with existing technology and it t provides a basis for estimating the costs of decommissioning.The PDP includes schedules and cost estimates based on the assumptions that form the basis for this plan. OPG will update the PDP as required to incorporate lessons learned, updates to the regulatory requirements, and industry best practices. The PDP was provided to the CNSC staff in support of the 2013 to 2017 Financial Guarantee submission. t The next revision of the PDP will be submitted to the CNSC by Jan 31,2017 as part of 2018 to 2022 Financial Guarantee submission and updated revisions submitted every five-years thereafter. 3.2 Stabilization Activity Plan The preparation for SAFSTOR stage covers the transition period from regular plant operations through shutdown until commencement of the SAFSTOR stage.Activities to be covered In this stage include, but are not limited to, all those which support the safe shutdown of the facility including pre-shutdown activities, defueling/dewatering, decontamination, deactivation and isolation of systems as well as islanding modifications. The Pickering SAP outlines OPG's strategy for managing the arrangements and activities that will be conducted in support of planning and executing the transition of PNGS from its final shutdown to its SAFSTOR stage. Furthermore, the SAP highlights the changes to the licensing requirements across the 14 elements of the CNSC SCAB correlated to key milestones of hazard reduction during the preparation for SAFSTOR period (i.e., nominally 2020 to 2023). Safety assessments, covering both nuclear and conventional safety aspects will be completed in support of project planning, the results of which will ensure safety practices,safety culture, key programs and access control remain relevant throughout the preparation for SAFSTOR period. r c N-TMP-10010-RO12(Microsoft@ 2007) 8-65 Internal Use Only Document Number. usage clas0ricavan: P-PLAN-00980-00005 sheet Number. pevislon Number. T Pape. Title: 8000 18 of 11 DECOMMISSIONING STRATEGY FOR PICKERING NUCLEAR GENERATING STATION 3.3 Storage and Surveillance Plan The SAFSTOR stage is the bridge between the Preparation for Safe Storage and the initiation of D&D of the station. The specifics of the SAFSTOR stage will be outlined in the SSP.As OPG's current strategy is for a deferred decommissioning, the SSP will be in effect from approximately 2024 to 2050. During this period, OPG is committed to continuous monitoring and surveillance during the SAFSTOR stage of the facility to ensure worker, public and environmental safety is maintained. The SSP,when prepared, will include the following: • A description of the arrangements and activities required to ensure the appropriate long-term maintenance during the SAFSTOR stage. • A description of the required plant monitoring and surveillance activities that will be completed on a routine basis. • A description of the continued environmental monitoring onsite that will be completed on a routine basis(i.e.,to ensure protection of the environment). • A description of other work.activities that may occur during this period(i.e., moving fuel'from the irradiated fuel bays to dry storage, asset recovery, comprehensive site characterization, etc.). All station Systems, Structures and/or Components(SSCs)at the facility will be reviewed to identify which can be taken out of service and which will require modifications or upgrades to support the SAFSTOR stage for the required period of approximately 30 years.This work would also be covered in the Preparation for Safe Storage activities. The details of the SSP will be centered on equipment, systems, processes, and procedures that will ensure that the facility is kept in a safe state throughout the SAFSTOR period.While the SSP will leverage off of existing programs to the extent practicable, it is recognized that new procedures or programs may be required due to the unique considerations associated with the SAFSTOR stage. The SAFSTOR stage will be divided into two distinct sub-stages. The first sub-stage is the period when defueling occurs and the irradiated fuel is being stored on site in.the irradiated fuel bays. During this sub- stage, all of the required facilities to maintain wet storage and bays defueling in service will be available. The second sub-stage is the period when all of the irradiated fuel has been removed from wet storage and placed in Dry Storage Containers(DSC), awaiting shipment to its final repository. Site Characterization The Historical Site Assessment(HSA) is one of the first steps in the activities required for decommissioning of PNGS. The HSA that was developed for the PNGS will be maintained up to the D&D stage of decommissioning as per the Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM)cited in CSA N294-09. The historical data for PNGS will be evaluated and used in the development of a site characterization plan. In addition, scoping and characterization surveys will be performed prior to the start of dismantling and demolition stage.The acquired site characterization field data will permit an appropriate assessment of the radiological and conventional hazards impacts on workers, the public and the environment.A comprehensive Site Characterization will be completed prior to the development of the DDP. D&D operational surveys will be performed throughout the dismantling and decontamination process in order to guide and monitor this work. Final status surveys(consistent with requirements of CSA N294-09)will be designed and performed to demonstrate that the residual radioactivity at the site meets the final clearance levels, in order to be able to release the site for other OPG uses.The results will be submitted to the CNSC in support of an application for a License to Abandon(i.e., release the site from further regulatory control). N-TMP-10010-RO12(Microsoft®2007) 8-66 i i Infernal Use Only Document Number Usage ClassQlgUon: P-PLAN-00960-00005 Sheet Number. Rarlslon Number: Page: 14000 9 of 11 Tltle: i DECOMMISSIONING STRATEGY FOR PICKERING NUCLEAR GENERATING STATION 3.4 Detailed Decommissioning Plan Following the approximately 30 year SAFSTOR-stage, D&D work may begin as early as the mid 2040's on certain units, Prior to this date the detailed planning will have been completed and the necessary licences, permits and approvals will have been obtained. The program specific activities that will occur during this stage are described below, with the expectation that a higher level of detail will be provided closer to the actual execution of D&D, i Section 7 of CSA N294-09 indicates that a safety assessment shall be performed during the preparation for the D&D stage of decommissioning.The standard specifies that the level of the safety assessment should be commensurate with the type and complexity of the facility. Preparation of a Detailed Decommissioning Plan i' The current Pickering Nuclear Station PDP is updated every five-years and will include updates to the decommissioning strategy in light of regulatory or technical changes.The PDP will be replaced by a DDP prior to the commencement of D&D as part of OPG's application for the necessary regulatory licence. The submission of the DDP is expected to occur approximately five-years prior to the start of D&D work. The j DDP will detail how the D&D of the station will be executed, both technically and organizationally. A transition plan will be developed for the orderly progression from SAFSTOR to D&D operations, including staff augmentation and any required plant system re-activation.A Decommissioning Operations I` Contractor(DOC)will be hired to manage and perform the dismantling,demolition and site restoration. The activities performed by the DOC will include, but are not limited to, updating procedures for the characterization surveys,dismantling work,waste packaging, disposal,site restoration and final surveys. r Environmental and Safety Assessment Environmental and safety assessments for the intended D&D processes will be performed as required by prevailing regulations prior to D&D. OPG will complete those actions necessary to comply with the requirements of the Canadian Environmental Assessment Act(CEAA).The Environmental Assessment, if required,will be submitted prior to the start of D&D execution consistent with requirements in effect at that time, L! Decommissionina Waste Strategy (' i' For financial planning purposes, OPG assumes that the Low and Intermediate Level Waste(L&ILW) resulting from decommissioning activities will be placed in the L&ILW Deep Geologic Repository(DGR) in Kincardine, Ontario.An Environmental Assessment was completed for the DGR Project and the facility is expected to be in service by 2026.Any hazardous wastes derived from decommissioning activities will be transferred to appropriate licensed waste facilities for disposal, .-Used Fuel Strate-gy The Nuclear Waste Management Organization(NWMO)is a federal organization mandated with the responsibility for the long-term management of Canada's used nuclear fuel. Under the NWMO's Adaptive Phased Management(APM)program, the long term disposal facility for used fuel is expected to be in ; service no earlier than 2035, at'which time, used fuel will start to be transferred from the interim storage location at OPG to the APM. Therefore, when the D&D work concludes at PNGS, it is anticipated that the fuel will have been removed from the site. i' N-TMP-1 001 0-R01 2(Microsoft®2007) 8-67 Interval Use Only Document Number. Usage Clesstgcation: ' P-PLAN-00960-00005 Sheet Number: ReWslon Number, Page: 8000 10 of 11 Title: , DECOMMISSIONING STRATEGY FOR PICKERING NUCLEAR GENERATING STATION Note: once all the used fuel is removed, the Pickering Waste Management Facility(PWMF)is expected to be free from any radiological or conventional hazards. As such,the PWMF is expected to be dismantled after all the used fuel has been removed from site. Site Release Limits/Clearance Levels Acceptable site radiological release criteria or clearance levels will be developed and established prior to the start of D&D decommissioning work. Soil and structural surfaces that are within authorized limits based on a dose criterion approved by the regulatory authority may remain at site following D&D activities.The Pickering Site will be shown to meet the final clearance levels in support of release from further regulatory control. End State Objectives By the end of the D&D and site restoration period,the site will be free of industrial and radiological hazards.All of the station SSCs will have been dismantled and all of the applicable buildings demolished. Subsurface structures will have been decontaminated and removed to an appropriate removal depth and capped if required. The Pickering site will be restored to a state suitable for other OPG uses. License to Abandon Upon completion of decommissioning, the Pickering site will be in a condition that will support its removal from Regulatory control.A final end state report(or site abandonment plan)on the decommissioning program will be prepared.The final report will describe the decommissioning work completed and the results and associated interpretation of the final surveys. The final report will be submitted to the CNSC as part of an application for a License to Abandon. N-TMP-10010-8012(Microsoft@ 2007) 8-68 M = Figure 1:Overview of the Preliminary Decommissioning Strategy for Pickering Nuclear Station" 2020-2023 Execution of 0 Stabilization Acwty 2024-2045° 2045-2060 Pian(SAP) Execution of Storage and Suivelaance Plan(SSP) Executlon of Deloaed Decumndc7oning Pion(ODP) M 2023-2060 M 2015-2023 Nuclear Power Reactor Decommissioning 5 Nuclear Power Operating Licence Licence X 2015.2020 2020•'2023ZPJ J OperationsPrap for{`SS _ _ tid5lar. -— — �g p g, --- Silo R-Wralon C 2015 2020 2023 72045 2055 200 CZ 1 ° M 2022 2040 2060 DocomrnWloning Llconco DDP SubMund Icauansa of a Lkence X v ® Application to Abandon O Q. Z CD O s CA a, Some units may continue to be In SAFSTOR pest this dere M 4 CD "All dates are nominal and are for financial punning purposes Acronyms z c N SS=SAFSTOR d DDP=Detailed Decommissioning Plan SAP=SlaNlization Activity Plan 0 oSSP=Storage and Surveillance Plan ® D&D=Dismantling 8 Demolition 0 Z N O O V 00 O C to Fleming, Cindy From: Office of the Youth Chair<durhamyc@gmail.com> Sent: January-15-16 3:29 PM To: Clerks Department Outside Subject: Correspondence: GO Train Extension to Bowmanville Attachments: Letter to Clarington Council, GO Train Extension.pdf; Letter to Minister Del Duca, GO Train Extension.pdf Good afternoon. Please find attached a letter for the attention of the Mayor and members of Council of the Municipality of Clarington, as well as the attachments mentioned therein, concerning the GO Train extension F project to Bowmanville. Thank you in advance for your time and assistance. Any follow-up can be directed to (905) 259-2991, or to this email address. i Best regards, Kyle Fitzgerald Chair, Durham Youth Council (905)259-2991 i The information contained in this electronic message, and any attachments, is potentially sensitive. If you believe you have received it in error,please do not open any attachments, delete the message, and notify the original sender immediately. Similar requests re ardmi messages sent to this account will be respected. is 1 I; D-ISTRIBU ON REVIEWED 6 Original To: Fife D Council Direction O GG Direction 9 PD Direction ❑Council Information�GG information O PD Information F Copy To: O Mayor d Members of 9 Ward Councillors Council O CAO 9Clerks u Communications o community ❑Corporate o Emergency Services Services Services Engineering OFinance OLegal Services Services I' 6 Operati ons -s Planning Services Other A' ,l �`�C'iA Municipal Clerk's File 1 8-70 Mayor Foster and Members of Council, Please find attached for your information a letter from the Durham Youth Council to Ontario's Minister of Transportation, concerning the proposed extension of the Lakeshore East GO Train line to Bowmanville. Letters have also been sent to the Councils of Oshawa and Whitby, as well as Durham MPP Granville Anderson. We remain committed to ensuring the extension project comes to fruition, and look forward to working with Clarington Council on this ongoing effort. Yours in community service, 3�4 Kyle Fitzgerald Chair, Durham Youth Council Attachment 1: Letter to the Minister of Transportation r ` DurhamYC.ca (905) 259-2993. DtirhamYC@gmail.com . Durham Youth Council T�' @DurhamYC 8-71 i < urfiam Youth Councd Believe ill Youtf Minister Del Duca, We submit for your consideration a recently approved policy piece of the Durham Youth Council, pertaining to the extension of the Lakeshore East GO Train line to Bowmanville. i Youth Council would like to encourage you to ensure the GO Train extension to Bowmanville is a priority amongst your peers in Cabinet, and is funded at the earliest availability of capital. I The Lakeshore East extension has united the residents and Councils of Eastern Durham in their support for the project. The Councils of Oshawa and Clarington have expressed their desire to see the project come to fruition, alongside community groups in each municipality. j The residents of the Durham riding, Bowmanville specifically, would benefit immensely from a E fast, reliable connection to Toronto, with youth in particular relying on.such a connection for access to educational institutions. The economic benefits of the extension are also compelling; Durham Region would profit from an influx of provincial investment during construction, and from the private sector investment that accompanies a project of this scale. Such investment would be vital to meeting employment targets laid out in the Province's Growth Plan for the Greater Golden Horseshoe Area. We look forward to working with you and your office to bring this extension project to fruition, and would be happy to answer any questions arising from this letter or the attached r correspondence. r I Yours in community service, k� I: Kyle Fitzgerald Chair, Durham Youth Council r- Attachment 1: Connecting Clarington: GO Train Extension to Bowmanville CC: Clarington Municipal Council Oshawa City Council Whitby Town Council Granville Anderson, MPP c .Y DurhamYC.ca {905) 259-2991 DurhamYCgmail.com Durham Youth Council b @DurhamYC 8-72 i i FREVVIEWED 'STRIB , j December 18, 2015 BY it.To.° IVt. De Rond Clerk C ❑ COUNCIL ! EILE � DIRECTION INfORMATIOPJ Tow f Ajax 1 COPY TO: 65 Harw d Avenue South ❑ MAYOR ❑ MEMBERS b CAD Ajax ON L1 H9 OFCOUNCII. ❑ COMMUNITY ❑ CORPORATE � EP.IERGENCY. SERVICES SERVICES SER1lICES ❑ EiNGINEERItJf` ❑ NIC A vrRATIOGIS RE: Integrity Commissioner and Code of Cond ct$EBM g�� � I The Regional Sector and MPP Accountability and Traits �;� S 4o`t DL0r14 _3 TREASURY Municipality (2015-A-40) (Our File: L00-1696) of Durham U UIIILH Corporate Services Please be advised the Finance &Administration Co mitteelf'�la ig onal j Department- Council considered the above matter and at a meeting held on ecem er Legislative Services 16, 2015, Council adopted the following recommendations of the 605 ROSSLAND RD,E. Committee: PO BOX 623 WHITBY ON L1 N 6A3 „ j CANADA A) That Regional Council receive for.information the findings of Regional staff.regarding the merits and feasibility of establishing of 1-800-3772-2-111102 g 905-66 a Code of Conduct for Regional Council; Fax:905-668-9963 il B) That Regional Council approve the development of a Council Code I www.aurham.ca of Conduct, using the draft Code of Conduct, as amended, with I Matthew L.Gaskell Complaint Procedure attached as Schedule "A" as a framework for Commissioner of discuss ion; Corporate Services C) That Regional Council approve the concept of appointing an j Integrity Commissioner to assist in the administration of a Code of Conduct for Regional Council and conduct inquiries; D) Should Regional Council endorse the concept of a Council Code of Conduct, and that it be administered by an Integrity Commissioner, that Regional Council authorize: i) Region.of Durham staff to issue a Request For Proposals (RFP) seeking proposals for the services of an Integrity Commissioner, subject to financing at the discretion of the Region's Finance Department and completing .Recommendation D) ii); ii) That prior to implementing Recommendation D) i) that Regional staff be directed to send copies of Report.#2015-A- 40 and the Regional Council direction to all local municipalities within the Region of Durham and request that the local municipalities report back to Regional staff within 30 days from receipt'of Report#2015-A-40 as to whether they would like to participate and partner with the Region of � y Durham in the proposed RFP as described in f r Recommendation D) i); and ,1Se> rcel(ence . .rM., foL nates" If this information is required in an accessible format, please contact 'ext. 2009. 9-1 -44 the Accessibility Co-ordinator at 1-800-372-1102 iii) That upon completion of the RFP, Regional staff report back in 2016 with a final report and recommendation establishing an Integrity Commissioner along with a recommendation for the recommended proponent pursuant to the RFP; and E) That upon completion of Recommendation D) iii), Regional staff report back with a final draft of the Code of Conduct for Regional Council for final approval and implementation." The draft code attached as Schedule A to the report was amended to reflect the following: • That Section 2.1 (j) regarding a lobbyist registrar be referred back to staff to give further consideration and make recommendations as to the necessity and suggested method of implementation; and • That Section 7.2 (b) be amended by adding the words "or gender identification" after the words "sexual orientation". As directed, attached is a copy of Report#2015-A-40 of the Commissioner of Finance. Please note that during discussion of Report#2015-A-40 at the Finance & Administration Committee meeting, it was indicated that there was flexibility on the 30 day response due to the holiday season and area municipality Council meeting schedule. D. Wilcox, Regional Clerk/ Director of Legislative Services DW/Img Attach. c: T. Gettinby, CAO/Clerk, Township of Brock A. Greentree, Clerk, Municipality of Clarington S. Kranc, Clerk, City of Oshawa.. D. Shields, Clerk, City of Pickering K. Coates, Interim Clerk, Township of Scugog . D. Leroux, Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby M. Gaskell, Commissioner of Corporate Services 9-2 I The Regional Municipality of Durham Report c To: Finance and Administration Committee From: Matthew L. Gaskell, Commissioner of Corporate Services Report: #2015-A-40 Date: December 8, 2015 Subject: Integrity Commissioner and Code of Conduct Bill 8-Public Sector and MPP Accountability and Transparency Act 2494 Recommendations: E THAT the Finance &Adminlstration Committee recommends to Regional Council that they adopt the following recommendations with respect to a Code of Conduct: A) That Regional Council receive for information the findings of Regional staff regarding the merits and feasibility of establishing of a Code of Conduct for Regional Council; B) That Regional Council approve the development of a Council Code of Conduct, using the draft Code of Conduct with Complaint Procedure attached as Schedule W as a framework for discussion; C) That Regional Council approve the concept of appointing an Integrity Commissioner to-assist in the administration of a Code of Conduct for Regional Council and conduct inquiries; D) Should Regional Council endorse the concept of a Council Code of Conduct, and that it be administered by an Integrity Commissioner, that Regional Council - authorize: (a) Region of Durham staff to issue a Request For Proposals (RFP) seeking C. proposals for the services of an Integrity Commissioner, subject to financing at the discretion of the Region's Finance Department and completing Recommendation 4(b); (b) That prior to implementing Recommendation 4(a)that Regional staff be directed to send copies of this report and the Regional Council direction to all local municipalities within the Region of Durham and request that the local municipalities.report back to Regional staff within 30 days from: receipt of this I 12 9-3 !' Page 2 of 22 report as to whether they would like to participate and partner with the Region of Durham in the proposed RFP as described in Recommendation 4(a); and (c) That upon completion of the RFP, Regional staff report back in 2016 with a final report and recommendation establishing an Integrity Commissioner along with a "recommendation for the recommended proponent pursuant to the RFP; and E) That upon completion of Recommendation 4(c);Regional staff report back with a final draft of the Code of Conduct for Regional Council for final approval and implementation. Report: 1.1 Purpose This report is in response to Council direction at the June 24P, 2015 meeting, to provide an update with respect to Bill 8, Public Sector and MPP Accountability and Transparency Act, 2094("Bill 8")which includes amendments to the Ombudsman Act, Municipal Freedom of Information and Protection of Privacy Act("MFIPPA"), and the Excellent Care forAll Act, 2090. Regional staff initially reported to Regional Council on Bill 8 in Commissioner's Report 2015-A-26, dated June 24, 2015. Staff were then directed to investigate and report back to Council on: `Yhe feasibility of appointing a municipal ombudsman to conduct investigations with respect to administrative acts of the Region, including options for appointment jointly with other municipalities"and "the establishment of a code of conduct for Regional Council and the appointment of an integrity commissioner to administer the code of conduct and conduct inquiries" The'purpose of this report is to report back on the establishment of a code of conduct for Regional Council and the appointment-of an Integrity Commissioner. A separate report speaks to the feasibility of appointing a Municipal Ombudsman. 1.2 Background The Municipal Statute Law Amendment Act, 2006 amended the Municipal Act, 2009, effective January 1, 2007, to add a new Part entitled Accountability and Transparency. The provisions of that Part authorized municipal councils to establish a code of conduct for members of both the council and local boards. Municipal councils were also empowered (in the case of Toronto, required)to appoint -an integrity commissioner who would report to council and be responsible for 13 9-4 Page 3 of 22 E performing, in an independent manner, the functions assigned by the municipality with respect to the application of a code of conduct. The role of the municipal integrity commissioner had its.genesis in the 2005'report of Madam Justice Bellamy in the Toronto Computer Leasing Inquiry. Justice Bellamy's recommendations related to Ethics, included many suggestions for the improvement of the Ciity's code of conduct for councillors. These suggestions recommended the appointment of an integrity commissioner. The amendments to the Municipal Act, 2009 implemented by Municipal Statute Law Amendment Act, 2006, demonstrated the Province's expectation for greater openness, transparency and accountability in local government. The subsequent provisions-of Bill 8, as described herein, move further to implement the Province's expectation that municipal governments will act upon the accountability and transparency provisions first enacted in 2006 by mandating the oversight of the Provincial Ombudsman. The recommendations contained herein, as they relate specifically to establishing a Code of Conduct and appointing an Ince,grrty Commissioner have been made in order to respond to the Provinces'expectations towards enhanced accountability and I transparency in local government, and the public policy trend towards greater accountability for governments of all levels. 1.3 Code of Conductlintegrity Commissioner and Regional Staff Research and Investigations Over the summer, Regional staff conducted investigations and research.on the merits r and feasibility of the Region of Durham establishing a Code of Conduct for Regional Council that would be enforced by a proposed:Integrity Commissioner. Regional staff also investigated the role of an Integrity Commissioner and consulted with the Clerks of those area municipalities who have established Codes of Conduct for their respective Councils. 1 A Codes of Conduct and Consultation with Other Municipalities The adoption of Codes of Conduct in the municipal sector is becoming common practice and has not been limited to lower tier municipalities. The Regions of Halton, Niagara, and Peel, have adopted Council Codes of conduct. The Region of Waterloo is working to develop a Code of Conduct. The single tier cities of Toronto, Ottawa, Hamilton, Kingston, and Sudbury all have similarly adopted codes of conduct by their councils. At present, 7 of the 8 area municipalities in Durham Region have adopted Council Codes of Conduct. i. F -5 14 9 Page 4 of 22 The feedback provided by the Clerks of those municipalities was that the Code of Conduct was a positive element within their governance structure to promote and enhance transparency and accountability. The types of issues that Codes of Conduct address are intended to achieve transparent and accountable government and the exercise of the duties of a Member of Council in such a way as to ensure public confidence with the highest levels of ethical conduct and behaviour. Codes of Conduct address principles of ethics and integrity which are at the core of public confidence in government and in the political process. Elected officials are expected to perfomn their duties in office and arrange their private affairs in a manner that promotes public confidence, avoids the improper use of influence of their office and. conflicts of interests, both apparent and real,and signals the need to,uphold both the letter and the spirit of the law including policies adopted by Council. Councillor conduct is already subject to a variety of existing statutes and policies including the Criminal Code of Canada and the Ontario Human Rights Code, as well as the following: A) Municipal Act, 2001 B) Municipal Conflict of interest Act C) Municipal Freedom of information and Protection of Privacy Act D) Municipal Elections Act, 1996 E) Occupatlonal Health and Safety Act F) Region of Durham Policies, By-laws It is incumbent upon (Members of Council to be aware of, and understand the statutory obligations imposed upon Council as a whole, as well as on Members of Council individually. A Code of Conduct is supplementary to existing legislation and policies and is meant to be considered, in whole, with existing laws. Codes of Conduct also allow Members of Council to have a common basis and understanding for acceptable conduct extending beyond the legislative framework already governing the conduct of Members of Council. Codes of Conduct are a value-based reference intended to encourage the highest .standards of ethical behaviour to uphold the public trust, the integrity of governance and Region's reputation. The principles identified and addressed in Codes of Conduct in general are those that have been recognized as being.significant in the performance of political office. Over the summer,the Region's solicitors in consultation with John Mascarin completed A draft Code of Conduct which is attached as Schedule"A"to this report to be received 9-6 5 Page 5 of 22 for information. The principles covered in the attached draft Code of Conduct are typical of those of most municipalities that have adopted them including the lower tiers_ Typically it was found they all follow the same template covering generally the.same topics such as gifts, conduct with staff, conduct in meetings, handling confidential information etc. The draft Code of Conduct also includes a proposed Complaint Procedure for which input was sought from John Mascarin. 1.5 Integrity Commissioner and the Code of Conduct It is the consensus of most experts that it is important for municipalities to have an I, independent entity to enforce a Council Code of Conduct, and the Integrity Commissioner model has worked well in numerous jurisdictions. As noted above, 7 of the 8 local municipalities in Durham Region have established Codes of Conduct. The majority that are enforced by Integrity Commissioners either f permanently appointed or who are retained on a case by case basis. It has also been noted that the role of Integrity Commissioners in other jurisdictions has typically involved review of, and refinement to, Codes of Conduct and the process and procedures related to a Code. For instance, it has been observed historically that Toronto's Integrity Commissioner has issued several reports in addition to annual reports, which serve to refine and develop new procedures and protocols around a Code of Conduct. Therefore the Code of Conduct is viewed as an ever evolving r document with amendments being recommended as a response to ever changing issues in municipal law and ethics. In the event that Regional Council endorses the principle of a Council Code of Conduct, then Regional staff recommend the establishment and appointment of an Integrity Commissionerrp for to the approval of a finalized Code of Conduct to Regional Council. 1.6 Integrity Commissioner,their Role,and Duties Section 223.3 of the Municipal Act, 2009 outlines the legislated role of an Integrity Commissioner. It identifies that the role of an Integrity Commissioner is to perform in an independent manner those functions assigned by a municipality with respect to: "(a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them; (b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behavior of members of council and of local boards or of either of them; or (c) both of clauses(a) and(b). 16" 9_7 Page 6 of 22 Under the Municipal Act, 2001, Council has the authority to assign duties and functions to an Integrity Commissioner. Duties may typically involve, but not necessarily be limited to the following: A) Providing advice to Members of Council on ethical behaviour; B) Providing education to Members of Council on.the application of a Code of Conduct; C) Assisting in the development of policies and processes for the Office of the Integrity Commissioner, D) Receiving complaints and conducting investigations in accordance with a Council approved process with respect to alleged contraventions of a Code of Conduct for Members of Council; E) Provide a report on his or her findings and recommendations to Council, (including adjudicating and imposing sanctions as necessary) and; F) Provide an annual summary of report of complaints, investigations and advice provided and make any recommendations for any changes to the approved process; A more formal list of duties and responsibilities of an Integrity.Commissioner is provided. as Schedule."B"to this report. 1.7 Request To Initiate a Request:for Proposal for an Integrity Commissioner In order to establish an Integrity Commissioner, Regional staff recommend in this report that they,be permitted to conduct a Request for Proposals (RFP)to appoint an Integrity Commissioner to carry out the role and duties as described in this report and such other duties as Regional Council may assign and Regional staff advise. As part of-that RFP, Regional staff would also look into establishing an educational and advisory component for the Integrity Commissioner. It is considered a best practice among integrity professionals and would assist in helping members of the public understand how the Region's accountability policies are applied. Regional staff would also look at the possibility of an Integrity Commissioner being readily available to Members of Council to provide advice in a timely manner and also providing specific legal or other advice related to the Municipal Conflict of Interest Act. The practical effect.of this is that prospectively an Integrity Commissioner would be able to respond to requests for assistance from individual members of Council before matters become larger causing formal complaints and warranting costly investigations. If the education and advice functions are provided promptly there theoretically should be a reduced need for the complaint and investigation functions. 9-8 17 f Page 7 of 22 n Schedule "C"to this report also contains a list oftypical qualifications,that would be required and the Region would look for in a potential Integrity Commissioner candidate. 1.0 Financial Implications and Costs Related to Integrity Commissioners Regional staff investigated the costs related to the establishment of an Integrity Commissioner. Regional staff have found that Integrity Commissioners typically charge an annual retainer with a second daily/hourly rate for the conduct of investigations or the provision of other delegated services. It appears that the average retainer for an Integrity Commissioner falls within the range of$15,000.00 to $30,000.00. The price of the delivery of these services would be one criteria assessed in any RFP. Opportunities to partner with the local municipalities, and possibly share costs, will be explored with those who respond expressing an interest to participate and partner in the RFP. 1.9 Conclusion s Regional Council is being asked to approve the following with respect to a Code of Conduct: A) That Regional Council receive for information the findings of Regional staff regarding the merits and feasibility of establishing of a Code of Conduct for Regional Council; B) That Regional Council approve the development of a Council Code of Conduct, using the draft Code of Conduct with Complaint Procedure attached as Schedule "A" as a framework for discussion; C) That Regional Council approve the concept of appointing an Integrity Commissioner to assist in the development and administration of a Code of Conduct for Regional Council and conduct inquiries; Regional Council endorse the concept of a Council Code of Conduct D) Should Reg p , and that it be administered by an Integrity Commissioner, that Regional Council authorize: (' i (a) Region of Durham staff to issue a Request For Proposals (RFP)seeking I' proposals for the services of an Integrity Commissioner, subject to financing at the discretion of the Region's Finance Department and completing Recommendation 4(b); (b) That prior to implementing Recommendation 4(a)that Regional staff be directed to send copies of this report and the Regional Council direction to all local municipalities within the Region of Durham and request that the local municipalities report back to Regional staff within 30 days from i' 9-9 Page 8 of 22 receipt of this report as to whether they would like to participate and partner with the Region of Durham in the proposed RFP as described in Recommendation 4(a); (c) That upon completion of the RFP, Regional staff report back in 2016 with a final report and recommendation establishing an integrity Commissioner along with a recommendation for the recommended proponent pursuant to the RFP; and (d) That upon completion of Recommendation 4(c); Regiorial staff report back with a final draft of the Code,of Conduct for Regional Council for final approval and implementation. 1.10 Attachments Attachment#1 —Schedule"A" Regional Municipality of Durham Draft Code of Conduct with Appendix A-Complaints Procedure Attachment#2--Schedule "B"Typical Roles and Duties of an Integrity Commissioner Attachment#3—Schedule"C"Typical Qualifications of an Integrity Commissioner Candidate Respectfully submitted, Matthew L. Gaskell Commissioner of Corporate Services Recommended for Presentation to Committee G%HM' .SW. Cve Officer 19 9-10 Page 9 of 22 f i SCHEDULE 'W' REGIONAL MUNICIPALITY OF DURHAM DRAFT CODE OF CONDUCT FOR MEMBERS OF COUNCIL E 1. PRINCIPLES j 1.1. Improving the equality of Regional administration and governance can best be achieved by encouraging high standards of conduct on the part of all municipal officials. In particular, the public is entitled to expect the highest standards of conduct from the members that it elects to local government. In turn, adherence to these standards will protect and maintain the Region's reputation and integrity. 1.2. Key statements of principles that underline this Code of Conduct are as follows, members shall: i . r 1.3. serve and be seen to serve their constituents in a conscientious and diligent manner; .r G (a) be committed to performing their functions with integrity, avoiding the improper use of the influence of their office, and conflicts of interest, both apparent and real; (b) perform their duties in office and arrange their private affairs, in a manner that'promotes public confidence and will bear close public scrutiny; (c) recognize and act upon the principle that democracy is best achieved when the operation of government is made as transparent and accountable to members of the public as possible; and (d) seek to serve the public interest by upholding both the letter and spirit of the laws of Parliament and the Ontario Legislature, as well as the laws and policies adopted by the Council. i 2. DEFINITIONS 2.1. in this Code of Conduct: (a) ".child" means a child bom within or outside marriage and includes an adopted child and a person whom a member has demonstrated a settled intention to treat as a child of his or her family; (b) "Code of Conduct"means the rules which govern the conduct of members established pursuant to the authority of section 2232 of the Municipal Act, 2001, S.O. 2001, c. 25; I' 20 9-11 ' Page 10 of 22 (c) "complaints means a written request to investigate the conduct of any member for a possible violation of the Code of Conduct filed in accordance with the Complaint Procedure; (d) "confidential information"means any information in the possession of, or received in confidence by, the Region that the Region is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of information and Protection of Privacy Act, R.S.0. 1990, c. M.56, or any other law, which includes, but is not limited to: (i} information of a corporate, commercial, scientific or technical nature received in confidence from third parties, (11) personal information as defined in subsection 2(1)of the,Municipal Freedom of Information and Protection of Privacy Act, (iii) information that is subject to solicitor-client privilege, (iv) information that concerns any confidential matters pertaining to personal, labour relations, litigation, property acquisition, the security Of the property of the municipality or a local board, (v) any other information lawfully determined by the Council to be confidential, or required to remain or be kept confidential by legislation or order, and (vi) any information considered by or made available to Council during a closed meeting pursuant to subsection 239(2)of the Municipal Act, 2001. (e) "Council" means the council of The Regional Municipality of Durham; (f) "disclosure statement"means that statement set out in Section 9.4 of the Code of Conduct; (g) "gift and benefits means any cash or monetary equivalent,fee, object of value, service, travel and accommodation, or entertainment; (h) "information"means any record; document, data, material, correspondence or evidence however recorded, whether oral or in printed form, on film, by electronic means or otherwise; (i) "Integrity Commissioner"means the Integrity Commissioner appointed by the Council pursuant to section 223.3 of the Municipal Act, 2009; (j} "lobbyist"means an individual, organization or business that: 9-12 21 Page 91 of 22 ,I (i) lobbies, or causes lobbying of, any public office holder of the Region, the Council or a municipal corporation or a local board of the Region, j(ii) the member knows is attempting or intending to lobby the member, any public office holder of the Region, the Council or a municipal corporation or a local Board of the Region, or (iii) is maintaining an active lobbyist registration with the Region, whether or not with respect to any specific or current subject matter; (k) "member" means a member of the Council, unless the context otherwise requires; (1) "parent"means a person who has demonstrated a settled intention to treat a child as a part of his or her family whether or not that person is the natural parent of the child; F (m) "person"includes a corporation, partnership, association and any other entity, as the context allows, and expressly includes a member as well as Council; (n) "Region"means The Regional Municipality of Durham; (o) "spouse"means a person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage; (p) "staff"means the municipal administrative staff of the Region and of its municipal corporations and local boards. i 3. APPLICATION OF THIS CODE i 3.1. This Code of Conduct applies to every member. G • I I 4. COMPLIANCE WITH DECLARATION OF OFFICE 4 4.1. Every member shall act in accordance with his or her declaration of office sworn pursuant to section 262 of the Municipal Act, 2009. 5. ADHERENCE TO COUNCIL POLICIES AND PROCEDURES 5.1. Every member shall observe and comply strictly with every provision of this Code of Conduct, as well as all other policies and procedures adopted or established by Council affecting the member,whether or not acting in his or her capacity as a member of Council. I C 22 9-13 Page 12 of 22 6. CONDUCT AT MEETINGS 6.1. Every member shall conduct himself or herself properly and in a civil manner at Council, committee and other meetings, and in accordance with the provisions of the Region's Council Rules of Procedure Sy-law, this Code of Conduct, and any other applicable law. 7. CONDUCT RESPECTING OTHERS 7.1. Every member has the duty and responsibility to treat all members of the public, other members and all staff appropriately and without abuse, bullying or intimidation, and to ensure that the work environment is free from discrimination and harassment. 7.2. Every member shall not: (a) not use indecent, abusive or insulting-words or expressions toward any other member, any member of staff or any member of the public; and (b) not speak in a manner that is discriminatory to any individual, based on that person's race, ancestry, place of origin, creed, gender, sexual orier#tation, age, colour, marital status, or disability. 8. CONDUCT RESPECTING STAFF 8.1. Every member acknowledges that staff operate under the direction of the senior municipal administration, and in accordance with the decisions of Council, and are required to serve the Region as a whole and not the needs or desires of any individual member. 8.2. Every member shall: (a) be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any member or faction of the Council; and (b) show respect for staff, and for their professional capacities and responsibilities. 8.3. Every member shall not: (a) maliciously or falsely injure or impugn the professional or ethical reputation of any member of staff; (b) compel any member of staff to engage in partisan political activities, or subject any member of staff to threat or discrimination for refusing to engage in any such activity; and 9-14 23 f . i Page 13 of 22 I (c) use or attempt to further his or her authority or influence by intimidating, threatening, coercing, commanding or influencing improperly any staff member or interfering with that staff person's duties, including the duty to disclose improper activity. 9. GIFTS, BENEFITS, SERVICES AND HOSPITALITY 9.1. In order to preserve the image and integrity of the Region, business gifts to Members are discouraged. The Region recognizes that moderate hospitality is an accepted courtesy of a business relationship. However, Members should not accept any gift, benefit, service, entertainment or hospitality which could be seen to compromise their decision on a matter or create any obligation or special consideration by an individual, group or organization; 9.2. There will be no solicitation of gifts, benefits, services or hospitality in recognition of the fulfillment of the Member's official duties; 9.3. If the refusal of any gift or act of hospitality will strain the Region's business relationship,the Regional Chair or Chief Administrative Officer may accept it on behalf of the municipality with the appropriate acknowledgment; 3 9.4. Generally, the Regional Chair or Chief Administrative Officer will be the official ! recipient of those gifts afforded to the Region for ceremonial, symbolic, protocol or official business purposes. Members will turn over such a gift to the Regional Chair or Chief Administrative Officer. Wherever possible, ceremonial, symbolic, protocol or official business gifts should be presented at a meeting of Council; 9.5. This section does not preclude Members from accepting: 4 E (a) Token gifts, souvenirs, mementos, or hospitality received in recognition for service on a committee, for speaking at an event, or for representing the Region at an event; (b) Political contributions that are otherwise offered, accepted, and reported in accordance with the Municipal Elections Act or other applicable law; i (c) Food and beverages at meetings, banquets, receptions, ceremonies, or similar events; (d) Food, lodging, transportation, entertainment provided by other levels of government, by other local governments, or by local government boards or j commissions; (e) A stipend from a board or commission that the Councillor serves on as a result of an appointment by Council; r, r 24 9-15 Page 14.of 22 (f) Reimbursement of reasonable expenses incurred in the performance of their office, and the performance of activities connected with municipal associations; (g) Gifts of a nominal value that are received as an incident of protocol or .social obligation that normally and reasonably accompany the responsibility of the office; (h) Services provided without compensation by persons volunteering their time for an election campaign. 9.6. Members will be required to exercise their personal judgment of the provisions within this section. 10. CONFIDENTIAL INFORMATION 10.1. No member shall: (a) disclose, release or publish by any means to any person or to the public any confidential information acquired by virtue of his or her office, in any , form, except when required or authorized by Council or otherwise by law to do so; (b) use confidential information for personal or private gain or benefit, or for the personal or private gain or benefit of any other person or body; (c) disclose a matter,the substance of the matter, and information pertaining to a matter, that has been debated or discussed at a meeting closed to the public, and shall be maintained as confidential, unless authorized by the Council or legislation to be released, generally or subject to conditions, and such are complied with; (d) disclose the content of any matter referred to in the preceding paragraph or the subject matter of deliberations, at a meeting closed to the public meeting, only after the Council or,committee lawfully and knowingly discusses the information at a meeting that is open to the public or releases the information to the public; (e) without lawful authority, disclose, or make personal use of, any of the following types of confidential information: (i) information concerning litigation, negotiation or personnel matters, (ii) information the publication of which may infringe on the rights of any person (e.g. source of a complaint where the identity of a complainant is given in confidence), 9-16 25 Page 15 of 22 (iii) price schedules in any contract, tender or proposal document while such remains a confidential document, (iv) information deemed to be "personal information"under the Municipal Freedom of Information and Protection of Pdvacy Act, and (v) any other information or statistical data required by law not to be released; and (f) - obtain access, or attempt to gain access, to confidential information in the custody of the municipality except to the extent that such access is necessary for the performance of his or her duties and such access is not prohibited by Council or otherwise by law. 11. USE OF REGIONAL PROPERTY, SERVICES AND OTHER RESOURCES i 11.1. No member shall: i (a) use, or permit the use of, Regional land, facilities,-equipment, supplies, services, staff or other resource, including any municipally-owned information, website, transportation delivery service or funds allocated for the member expenses of his or her office, for any purpose or activity other than the lawful business of the Region; or (b) seek or acquire any personal financial gain from the use or sale of confidential information, or of any Regionally-owned intellectual property including any invention, creative writing or drawing, computer program, technical innovation, or any other information or item capable of being patented or copy righted, of which property remains exclusively that of the Region. 12. CONDUCT OF ELECTION CAMPAIGN i 12.1. Every member shall comply with all applicable requirements of the Municipal- Elections Act, 9996, S.O. 1996, c. 32, Sched. } 12.2. No member shall: (a) use confidential information,facilities, equipment, supplies,.services or her resources of the Region, including an member newsletter or website of g Y 9 linked through the Region's website, for any election campaign or campaign-related activity; (b) undertake campaign-related activities on municipal property during regular staff working hours unless authorized by the Region; or (c) use the services of any person for election-related purposes during hours in F which that person receives any compensation from the Region. 9-17 26 Page 16 of 22 13. NO IMPROPER USE OF INFLUENCE 13.1. No member shall: (a) use the influence of his or her office for any purpose other than for the lawful exercise of his or her official duties and for municipal purposes; (b) use his or her office or position to influence or attempt to influence the decision of any other person, for the member's private advantage or that of the member's parent, child, spouse, staff, friend, or associates, business or otherwise; (c) attempt to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties; or (d) hold out the prospect or promise of future advantage through the member's supposed influence within Council, in return for any action or inaction. 13.2. For the purposes of this provision, "private advantage"does not include a matter that: (a) is of general application; (b) affects a member, his or her parents/children or spouse, staff, friends or associates, business or otherwise, as one of a broad class of persons; or (c) concerns the remuneration or benefits of a member. 13.3. Section 13.1 does not prevent a member from requesting that Council grant a lawful exemption from a Regional policy. 14. NO REPRISAL OR OBSTRUCTION IN THE APPLICATION OR ENFORCEMENT OF THIS CODE 14.1. Every member must respect the integrity of the Code of Conduct and inquiries and investigations conducted under it, and shall cooperate in every way possible in securing compliance with its application and enforcement. 14.2. No member shall obstruct the Integrity Commissioner, his or her designate, or any other Regional official involved in applying or furthering the objectives or requirements of the Code of Conduct, in the carrying out of such responsibilities, or pursuing any such objective. No member shall undertake any act of reprisal or . threaten reprisal against a complainant or any other person for providing relevant information'to the Integrity Commissioner or any other person under the Code of Conduct. 27 9-18 Page 17 of 22 i 15. STATUTES REGULATING THE CONDUCT OF COUNCILLORS 15.1. Members acknowledge that in addition to this Code of Conduct,the following legislation also governs the conduct of members: i (a) Municipal Act, 2001; (b) Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50; (c) Municipal Elections Act, 1996; j (d) Municipal Freedom of Information and Protection of Privacy Act; (e) Occupational Health and Safety Act, R.S.O. 1990, c. 0.1; I (f) Human Rights Code, R.S.O. 1990, c. H.19; and (g) Criminal Code, R.S.-C. 1985, c. C-46. 15.2. A member may become disqualified and lose his or her seat by operation of law, including being convicted of an offence under the Criminal Code or the Municipal Elections Act, 9996, or being found to have failed to comply with the Municipal Conflict of Interest Act, whether or not the conduct in question involves a contravention of this Code of Conduct:. 15.3. In the case of any inconsistency between this Code of Conduct and a federal or provincial statute or regulation, the statute or regulation shall prevail. 15.4. . All references to any statute, regulation, by-law or legislation shall be deemed to be a reference to the statute, regulation, by-law or legislation as amended, consolidated, replaced or superseded. 16. INTEGRITY COMMISSIONER 16.1. The Integrity Commissioner shall be responsible for performing in an independent manner the following functions as assigned by the Region with respect to: (a) the application of the Code of Conduct; and l' (b) the application of any procedures, rules and policies of the Region governing the ethical behaviour of members; and, without limiting the generality of the foregoing, shall be entitled to undertake investigations or not undertake investigations in accordance with provisions of Part V.1 of the Municipal Act, 2001. F 9-19 Page 18 of 22 16.2. In addition,to the responsibilities set out in Section 16.1, the Integrity Commissioner shall also provide: (a) information to Council as to members' obligations,under the Code of Conduct and the Complaint Procedure; (b) advice to individual members regarding specific situations as they relate to the application of the Code of Conduct; (c) advice to Council on other policies and procedures that relate to the ethical behavior of members; (d) information to the public regarding the Code of Conduct and the obligations of members under the Code of Conduct; and (e) an annual report to Council on the activities of the Integrity Commissioner. 16.3. Without limiting the generality of Section 16.1, the Integrity Commissioner may determine, on a case-by-case basis, whether to undertake an investigation or not to undertake an investigation. The Integrity Commissioner shall be entitled to summarily dismiss-a complaint filed in accordance&th the Complaint Procedure on the basis that it constitutes in his or her opinion, an abuse of process or is frivolous or vexatious. 16.4. Without limiting the generality of Article 16, all determinations of the Integrity Commissioner under the Code of Conduct shall be made in his or her own absolute discretion and shall be final and binding. 17. COMPLAiNTs 17.1. All complaints pursuant to the Code of Conduct shall be filed in accordance with the Complaints Procedure in Appendix"A". 18. PENALTIES 18.1. Council may,where it has received a report from its Integrity Commissioner that there has been a violation of the Code of Conduct, impose one of the following penalties on a member who has been found to be in contravention of the Code of. Conduct: (a) a reprimand; or (b) suspension of the remuneration paid to the member in respect of his or her services as a member for a period of up to ninety(90) days. 9_20 29 i' Page 19 of 22 I 19. ANNUAL REPORTS. 19.1. The Integrity Commissioner shall submit an annual report to Council which will include information on the nature and volume of activity for the past year and provide examples, while maintaining the anonymity of the persons involved, in respect of advice provided and the nature of complaints received and responded r to. 19.2. The annual report of the Integrity Commissioner shall be provided to Council for k information purposes. The report is a public document. i 1. 9.3. The Integrity Commissioner shall file his or her annual report by October 31 in j the year following the Integrity Commissioner's appointment and annually thereafter. i i ' r i { I i i i i ' C i I Y I i { i t i i 30 9-21 Page 20 of 22 SCHEDULE b°E" TYPICAL ROLES AND DUTIES OF AN INTEGRITY COMMISSIONER 1. Role of the appointed Integrity Commissioner will be to: 2. Function independently from Civic Administration and report directly to Regional Council. 3. Investigate complaints and alleged breaches of the"Code of Conduct for Members of Council"in accordance with a "The Regional Municipality of Durham Code of Conduct for Members of Council Complaint Protocol' (draft attached to Schedule A). 4. Review the"Code of Conduct for Members of Council`and make recommendations thereon, at a minimum of once per year. 6. Serve as an advisor to individual Members of Council in relation to the"Code of Conduct for Members of Council', and any procedures, rules and policies of the municipality governing ethical behavior,and act as a proactive educator for the Regional Council, the Civic Administrati6n and the Public. 6. Provide annual reports to the Municipal Council, summarizing his/her activities in accordance with section 223.6 of the Municipal Act, 2001. 7. Provide individual investigative reports, as required, which will include background concerning a complaint and recommendations to Municipal Council with respect to a complaint for its consideration, in accordance with section 223:6 of the Municipal Act, 2001. 8. The integrity Commissioner will work independently and it is expected that the bulk of the work will be carried out at his/her workplace and not on Regional property, however,space at a Regional facility to undertake interviews will be made available, as required. ADDITIONAL DUTIES OF AN INTEGRITY COMMISSIONER Under the Municipal Act, 2001, Council has the authority to assign duties and functions to the Integrity Commissioner. Regional Staff have reviewed various Codes of Conduct and roles given to other Integrity Commissioners and typically have found the following duties being assigned: 1. Provide advice to Members of Council on ethical behaviour; 2. Provide education to Members of Council on the application of a Code of Conduct for Members of Council; 3. Assist in the development of-the policies and processes for the Office; 9-22 31 i Report#2015-A-40 Page 21 of 22 4. Receive complaints and conduct investigations in accordance with the Council- approved process with respect to alleged contraventions of a Code of Conduct for Members of Council; E 5. Provide a report on his or her findings and recommendations to City Council (which will adjudicate and impose sanctions as necessary); I 6. Provide an annual summary report of complaints, investigations and advice provided and make any recommendations for any changes to the approved process; and Act as the Region's Meetings investigator and the Region's Lobbyist Registrar in accordance with the duties set out in the reports establishing those offices. Ottawa's Integrity Commissioner also acts as a lobbyist register. i LEGISLATED ROLE OF THE INTEGRITY COMMISSIONER PURSUANT TO G SECTION 223.2 OF THE MUNICIPAL ACT 1. The Integrity Commissioner has the powers of inquiry, sanction and delegation as well as confidentiality and reporting requirements. 2. The Integrity Commissioner reports directly to Council on matters related to the Code of Conduct and other policies, rules or procedures relatod to ethics for Council and/or local boards; 3. The Integrity Commissioner has the power to undertake investigation into complaints alleging contraventions of the applicable code of conduct while respecting confidentiality; 4. The Integrity Commissioners reports are public and s/he is permitted to disclose necessary information related to the findings while maintaining confidentiality. . i I i r I i i i 329-23 Report#2015-A-40 Page 22 of 22 SCHEDULE "C" PROPONENT QUALIFICATIONS TYPICALLY SOUGHT FOR INTEGRITY COMMISSIONERS The qualifications that a candidate for the position of Integrity Commissioner should possess include: 1. Proven impartiality and neutrality, such as that of a judge; 2. An ability to provide services on a part-time,flexible and as-needed basis; 3. No other involvement in political campaigning/endorsement, or related conflicts of interest; 4. No financial interest in the work undertaken by the Region of Durham; 5. An independent person who personifies high ethical standards; 6. Experience managing sensitive inquires, conducting investigations and making appropriate recommendations; 7. Excellent communication skills; 8. Familiarity with investigator procedures and the applicable legal principles, 9. General knowledge and appreciation of municipal government; 10. Ability to interpret and apply the provisions of various statutes, regulations, policies and other enabling frameworks; 11. Impartiality, wisdom, sound judgment combined with the ability to inspire trust and confidence; and, 12. At least ten years of senior-level management, legal or quasi-judicial experience. 9-24 33 Fleming, Cindy From: info@clarington.net on behalf of Carol Hall <carol_anne_hall@hotmail.com> Sent: December-23-15 3:45 PM To: Clerks Department Outside Subject: Animal torture at the Bowmanville Zoo Dear Mayor and Council of Clarington, I am begging you to close this facility and send all the creatures to sanctuaries. The violent whipping of Uno the tiger is some of the most vicious, terrorizing abuse of an animal I have ever seen. The sick staff responsible for this unforgivable torture must be prosecuted and punished and never allowed to own or supervise an animal again. Please do not wait, please do not allow these people around animals -- they are highly likely to take retribution against the abuse reports by further torturing the animals. Thank you for taking this act of mercy. Sincerely, Carol A. Hall ------------------------------------- Origin: http://www.clarington.net/en/town-hall/mayor-and-council.asp ------------------------------------- This email was sent to-you by Carol Hall<carol_anne_hall@hotmail.com> through http://www.clarington.net/. DRSTRIIB BON REVIE`AlEQ ORI C) COUNCIL 0 FILE DIRECTION INFORMATION COPY TO: 0 MAYOR 0 OFIABERS L 0 CAO SERVICES '0 SERVICES CORPORATE n CY SERVICES 0 ENGINEERING 0 MUNICIPAL 0 OPERATIONS SERVICES CLERK'S 0 PLANNING 0 SOLICITOR 0 TREASURY SERVICES tOTHER �'�`�",� MUNICIPAL CLERY'S FILE 1 9-25 i Ion ClIall-w-g Engineering services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 extension 2102. j Report To: General Government Committee Date of Meeting: January 25, 2016 Report Number: EGD-003-16 Resolution: File Number: By-Law Number: Report Subject: Monthly Report on Building Permit Activity for October, November, and December 2015 i Recommendations: r 1. That Report EGD-003-16 be received for information. i i i i' I r i 71-1 i' Municipality of Clarington Report EGD-003-16 Page 2 Report Overview The following is a report on building permit activity in Clarington for the months of October, November, and December and the total for year to date. The construction value for October, November, and December 2015 was 32.2% higher than the same period in 2014. The construction value for 2015 was 24.4% higher than 2014. To the end of December 2015, we issued 933 new residential dwelling units, compared to 657 at the same time in 2014. 1 . Permits Issued 1.1 Months of October November, and December The following is a table showing the number of permits issued and the value of construction in each of the building categories for October, November, and December 2015 and October, November, and December 2014. 2015 2014 Building Number Of Value Of Number Of Value Of % Change Of Category Permits Construction Permits Construction Value 2015-2014 Residential 217 $56,849,921 173 $40,235,391 41.3% Industrial 6 $975,000 4 $1,703,000 -42.7% Government 5 $581,000 3 $350,000 66.0% Commercial 15 $1,615,682 14 $2,100,540 -23.1% Institutional 3 $625,000 3 $1,785,320 -65.0% Agricultural 8 $650,764 3 $185,058 251.7% Demolition 14 $0 20 $0 N/A Total 268 $61,297,367 220 $46,359,309 32.2% 1.2 Year to Date The following is a table showing the number of permits issued and the value of construction in each of the building categories for year to date 2015 and year to date 2014. 2015 2014 Building Number Of Value Of Number Of Value Of % Change Of Category Permits Construction Permits Construction Value 2015-2014 Residential 975 $291,392,945 928 $217,649,678 33.9% Industrial 33 $50,155,950 21 $49,667,024 1.0% Government 10 $1,623,000 10 $3,315,039 -51.0% Commercial 57 $11,629,882 58 $5,800,308 100.5% Institutional 14 $3,556,475 16 $13,467,120 -73.6% Agricultural 23 $3,557,784 15 $1,486,377 139.4% Demolition 84 $0 128 $0 N/A Total 1,196 $361,916,036 1,176 $291,385,546 24.4% Municipality of Clarington Report EGD-003-16 Page 3 2. Permit Value 2.1 High Value Permits With respect to building permit activities over $250,000 and large residential building permit activities, the details are provided as follows: Seasons Retirement G.P. Inc. Interior Alterations (Senior's Residence) 65 Clarington Boulevard, Bowmanville Value of construction - $250,000 2.2 Historical Comparison of Permit Value The following are bar graphs showing an historical comparison of the building permits issued for the months of October, November, and December and year to date for a three year period. Historical Data for Month of Historical Data -Year To Date October, November, and December $400,000,000 $70,000,000 $350,000,000 $60,000,000 $300,000,000 $50,000,000 $250,000,000 $40,000,000 $200,000,000 $30,000,000 $150,000,000 $20,000,000 $100,000,000 $10,000,000 $50,000,000 $0 2015 2014 2013 $0 2015 2014 2013 Value $61,297,367 $46,359,309 $39,838,259 Value $361,916,036 $291,385,546 $186,597,686 3. Permit Revenue 3.1 The following is a table comparing the permit fees for the permits issued in October, November, and December and the year to date 2015 with those for the permits issued in October, November, and December and year to date 2014. 2015 2014 October, November, Year To Date October, November, Year To Date and December and December Permit Fees $443,952 $2,439,974 $329,142 $27062,924 Municipality of Clarington Report EGD-003-16 Page 4 4. Residential Units 4.1 Types of Residential Units The following is a table comparing the types of dwelling units issued in October, November, and December and the year to date 2015 and in October, November, and December and year to date 2014. 2015 2014 October, November, Year to Date October, November, Year to Date and December and December Single Detached 84 492 72 411 Semi-Detached 0 78 22 142 Townhouse 80 99 33 89 Apartments 27 264 0 1 15 Total 190 933 127 1 657 The following are pie charts showing the types of dwelling units issued in October, November, and December 2015 as well as the types of dwelling units issued in the year to date 2015. Dwelling Unit Type October, Dwelling Unit Type Year to Date 2015 November, and December 2015 Apartment Semi- Townhouse 264 Townhouse Detached80 � 99 28% � 11 0 ��� � .- = 42% 0% Single Apartment Semi- Single Detached 27 Detached Detached 84 14% 78 492 44% ®Single Detached 84 8% ®Single Detached 492 53% Semi-Detached 0 Semi-Detached 78 Townhouse 80 Townhouse 99 ■Apartment 27 ■Apartment 264 11-4 Municipality of Clarington Report EGD-003-16 Page 5 4.2 Historical Comparison of Residential Units The following is a table showing the number of new residential units issued in each area of Clarington for the year to date 2015, as well as a comparison of the past ten years. Year: Area Year to 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 Date 2015 Bowmanville 461 420 216 291 360 282 98 340 451 609 307 Courtice 292 153 97 179 312 236 113 134 82 126 241 Newcastle 154 51 92 34 165 37 24 60 77 84 202 Wilmot Creek 0 4 2 2 5 8 9 30 16 15 15 Orono 0 0 1 1 1 1 0 2 1 1 1 V Darlington 8 9 12 6 5 8 6 10 6 7 14 Clarke 11 12 6 10 8 6 11 5 11 12 13 Burketon 0 1 1 0 0 1 0 0 0 0 1 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 1 2 3 0 3 2 0 0 1 1 Hampton 2 2 0 1 1 0 0 0 1 1 0 Haydon 0 1 0 0 0 0 0 0 0 0 0 Kendal 1 0 0 0 0 1 1 0 1 0 0 Kirby 1 0 1 0 0 1 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 0 0 Maple Grove 0 0 0 0 0 0 0 0 0 0 0 Mitchell Corners 0 0 1 1 1 0 0 0 1 0 0 Newtonville 3 3 7 6 3 7 5 7 2 2 4 i Solina 0 0 1 3 1 1 5 0 6 3 3 Tyrone 0 0 0 0 1 1 0 5 0 0 0 j Total 933 657 439 537 863 593 274 593 655 861 802 I I i 11-5 Municipality of Clarington Report EGD-003-16 Page 6 5. Inspections 5.1 The following is a table showing how many inspections were attended in October, November, and December and the year to date 2015 as well as those attended in October, November, and December and year to date 2014. 2015 2014 October, Year to Date October, Year to Date November, and November, and December December Building Inspections 1,861 7,232 2,142 8,331 Plumbing and Heating 1,776 7,804 2,138 8,669 Pool Enclosure Inspections 15 90 12 72 Total 3,652 15,126 4,292 17,072 6. Concurrence Not Applicable 7. Conclusion The year 2015 proved to be a record year in a number of areas relating to building permits. The construction value of building permits and the building permit fees were the highest recorded. The number of building permits issued, as well as dwelling units issued, was the highest in the past ten years. 8. Strategic Plan Application Not Applicable Submitted by: �/ -' _ Reviewed by- Anthony S. Cannella Franklin Wu, Director of Engineering Services Chief Administrative Officer Staff Contact: Adam Dunn, Plans Examiner, 905-623-3379 extension 2314 or adunn(a)_clarington.net. There are no interested partied to be notified of Council's decision. ASC/AD/jo 11-6 Engineering services Report r If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee i Date of Meeting: January 25, 2016 Report Number: EGD-004-16 i File Number: C.BF.30.009 By-law Number: Report Subject: Port of Newcastle Subdivision Phase 2 West Stage 4, Newcastle, Plan 40M-2375 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works Recommendations: i 1. That Report EGD-004-16 be received; 2. That the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2375; 3. That Council approve the by-law attached to Report EGD-004-16, assuming a certain street within Plan 40M-2375 as public highway; and 4. That all interested parties listed in Report EGD-004-16 be advised of Council's decision. i Eff I r f 11-7 Municipality of Clarington Report EGD-004-16 Page 2 Report Overview This report requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume a certain street within Plan 40M-2375 as public highway. 1. Background 1.1. The Subdivision Agreement The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered December 17, 1999, with 1138337 Ontario Limited (now CCCC Durham West Ltd.) to develop lands by plan of subdivision, located in Newcastle and described as Plan 40M-2375 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works b) Final Works c) Street Lighting System; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lightinq System were issued `Certificates of Completion' and subsequent `Certificates of Acceptance' by the Director of Engineering Services. 1.4 The Final Works were issued a `Certificate of Completion' dated November 1, 2014. This initiated a one (1) year maintenance period, which expired on November 1, 2015. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 1.6 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume a certain street within Plan 40M-2375 as public highway (Attachment 2). 2. Concurrence Not Applicable 11-8 i I i Municipality of Clarington I Report EGD-004-16 Page 3 E 3. Conclusion i It is respectfully recommended that the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2375, and that Council approve the by-law attached to Report EGD-004-16, assuming a certain street within Plan 40M-2375 as public highway. 4. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Anthony S. Cannella, C.E.T. Franklin Wu, Director of Engineering Services Chief Administrative Officer I I E i r r f Staff Contact: Tony Ricciardi, Manager of Construction, Engineering Services, 905-623-3379 ext. 2322 or tricciardi@clarington.net I Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law The following is a list of the interested parties to be notified of Council's decision: Kelvin Whalen — CCCC Durham West Ltd. t i' ASC/TC/ac/jb/mb 11-9 MILLIGAN STREET p F— W Q Z z W W O U W J � Q U HODNETT CR �v LANE Porn of Newcastle Phase 2 West Stage 4 Plan 40M-2375 Sy/p�gyq�F� �v CO OF �' C NEWCASTLE ,j N O o � S ~ Metcalf St' Milligan St. DRAWN BY: C6 E.L. DATE: January 13, 2016 4eREPORT EGD-004-16 keb"ee2epr ATTACHMENT No. 1 FILE NAME: KEY MAP 40M-2375.mxd J:\Engineering\Attachments\Attachments Post ESRI.Upgmde\40M-2375.mxd i Municipality of Clarington Attachment 2 to Report EGD-004-16 'I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON i i BY-LAW 2016- Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington. The Council of The Corporation of the Municipality of Clarington hereby enacts as follows: That the street shown on Plan 40M-2375, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by The Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use: Alldread Crescent t i BY-LAW passed in open session this t" day of 2016. j Adrian Foster, Mayor i C. Anne Greentree, Municipal Clerk 'i r i C C j 71-11 f i 01"Y- -al dn--A-Soqt�-av Engineering Services Report If this information is required in an alternate accessible format, please contact the Municipal E Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: January 25, 2016 I I Report Number: EGD-005-16 File Number: 8.02.12.009 By-law Number: Report Subject: Valiant Subdivision Phase 5, Bowmanville, Plan 40M-2363 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works Recommendations: 1. That Report EGD-005-16 be received; 2. That the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2363; 3. That Council approve the by-law attached to Report EGD-005-16, assuming certain streets within Plan 40M-2363 and adjacent Plan 40M-1852 as public highways; and I 4. That all interested parties listed in Report EGD-005-16 be advised of Council's decision. i i i i I i i 11-12 Municipality of Clarington Report EGD-005-16 Page 2 Report Overview This report requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume certain streets within Plans 40M-2363 and 40M-1852 as public highways. 1. Background 1.1. The Subdivision Agreement The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered October 19, 2007, with Halloway Holdings Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-2363 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works b) Final Works c) Street Lighting System; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lighting System were issued `Certificates of Completion' and subsequent `Certificates of Acceptance' by the Director of Engineering Services. 1.4 The Final Works were issued a `Certificate of Completion' dated October 1, 2014. This initiated a one (1) year maintenance period, which expired on October 1, 2015. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 1.6 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plans 40M-2363 and 40M-1852 as public highways (Attachment 2). 2. Concurrence Not Applicable 11-13 i F Municipality of Clarington Report EGD-005-16 Page 3 3. Conclusion It is respectfully recommended that the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2363, and that Council approve the by-law attached to Report EGD-005-16, assuming certain streets within Plans 40M-2363 and 40M-1852 as public highways. 4. Strategic Plan Application Not applicable. Submitted by: Reviewed by:(.) Anthony S. Cannella, C.E.T. Franklin Wu, Director of Engineering Services Chief Administrative Officer Staff Contact: Ron Albright, Assistant Director, Engineering Services, 905-623-3379 ext. 2305 or ralbright@clarington.net j Attachments: I Attachment 1 - Key Map Attachment 2 - Proposed By-law The following is a list of the interested parties to be notified of Council's decision: Robert Hann, Halloway Holdings Limited i ASC/TR/ac/jb/mb 11-14 Kola li IL IIE N I N N I January 12, 2016 REPORT EGD-005-16 ATTACHMENT No. 1 FILE NAME: I N' 111111 IN M1111111 I Ill I Jill 11,11 lill III IY r t 4 Municipality of Clarington Attachment 2 to Report EGD*005-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2016- Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. That the blocks shown on Plans 40M-2363 and 40M-1852, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by The Corporation of the Municipality of Clarington as public highway: Plan 40M-2363: Block 195 (0.3 metre reserve) Plan 40M-1852: Block 138 (0.3 metre reserve) 2. That the streets and blocks shown on Plans 40M-2363 and 40M-1852, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by The Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Plan 40M-2363: Laurelwood Street Honeyman Drive Darryl Caswell Way Bons Avenue i Gimblett Street Colville Avenue Wyse Gate Block 193 (street widening) Block 194 (street widening) Block 195 (0.3 metre reserve) i 11-16 E Municipality of Clarington Attachment 2.to Report EGD-005-16 Plan 40M-1852: Block 138 (0.3 metre reserve) BY-LAW passed in open session this t" day of 2016. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 11-17 i `.IW17 _ Engineering Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. i Report To: General Government Committee Date of Meeting: January 25, 2016 Report Number: EGD-006-16 File Number: D.01.34.003 By-law Number: Report Subject: Westvale Subdivision Phase 2, Courtice, Plan 40M-2353 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works Recommendations: 1. That Report EGD-006-16 be received; 2. That the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2353; 3. That Council approve the by-law attached to Report EGD-006-16, assuming certain streets within Plan 40M-2353 as public highways; and i 4. That all interested parties listed in Report EGD-006-16 be advised of Council's decision. I i i I i i i i I I I 11-18 Municipality of Clarington Report EGD-006-16 Page 2 Report Overview This report requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume certain streets within Plan 40M-2353 as public highways. 1 . Background 1.1. The Subdivision Agreement The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered April 9, 2002, with 289143 Ontario Limited, to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-2353 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works b) Final Works c) Street Lighting System; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lighting System were issued `Certificates of Completion' and subsequent `Certificates of Acceptance' by the Director of Engineering Services. 1.4 The Final Works were issued a `Certificate of Completion' dated October 1, 2014. This initiated a one (1) year maintenance period, which expired on October 1, 2015. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.6 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plan 40M-2353 as public highways (Attachment 2). 2. Concurrence Not Applicable 11-19 i Municipality of Clarington Report EGD-006-16 Page 3 j 3. Conclusion i It is respectfully recommended that the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2353, and that Council approve the by-law attached to Report EGD-006-16, assuming certain streets within Plan 40M-2353 as public highways. 4. strategic Plan Application Not applicable. Submitted by: Reviewed b�I:._ Y � Anthony S. Cannella, C.E.T. Franklin Wu, Director of Engineering Services Chief Administrative Officer Staff Contact: Ron Albright, Assistant Director, Engineering Services, 905-623-3379 ext. 2305 or ralbright@clarington.net Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law The following is a list of the interested parties to be notified of Council's decision: Michael Freedman, 289143 Ontario Limited ASC/TR/ac/jb/mb i 11-20 BATHGATE CRESCENT SOUTHFIELD AVENUE KERSEY CRESCENT LU 0 J J w w Q O � w KERSEY CRESCENT j z 0 - w a Westvale Subdivision Phase 2 Plan 40M-2353 I 1--T Bloor St. W E s Southfield DRAWN BY: Dr. E.L. DATE: January.12, 2016 REPORT EGD-006-16 a COURTICE ATTACHMENT No. 1 FILE NAME: a f KEY MAP 40M-2353.mxd mx ac mens ac mens os pgra e - i Municipality of Clarington Attachment 2 to Report EGD-006-16 i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2016- i Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. I The Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1: That the streets shown on Plan 40M-2353, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by The Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: i i i Rosswell Drive j Kersey Crescent I i i BY-LAW passed in open session this t" day of 2016. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 11 -22 I i w Engineering services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. I Report To: General Government Committee i Date of Meeting: January 25, 2016 Report Number: EGD-007-16 File Number: D.03.27.003 By-law Number: Report Subject: Headgate Subdivision, Courtice, Plan 40M-2452 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works Recommendations: i 1. That Report EGD-007-16 be received; 2. That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2452; 3. That Council approve the by-law attached to Report EGD-007-16, assuming a certain street within Plan 40M-2452 as public highway; and 4. That all interested parties listed in Report EGD-007-16 be advised of Council's decision. I 11-23 Municipality of Clarington Report EGD-007-16 Page 2 Report Overview This report requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume a certain street within Plan 40M-2452 as public highway. 1. Background 1.1. The Subdivision Agreement The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered August 23, 2011, with Headgate Developments Inc. to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-2452 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works b) Final Works c) Street Lighting System; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lighting System were issued `Certificates of Completion' and subsequent `Certificates of Acceptance' by the Director of Engineering Services. 1.4 The Final Works were issued a `Certificate of Completion' dated October 30, 2014. This initiated a one (1) year maintenance period,'which expired on October 30, 2015. The Works were re-inspected at that time, and all deficiencies have now, been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 1.6 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume a certain street within Plan 40M-2452 as public highway (Attachment 2). 2. Concurrence Not Applicable 11-24 Municipality of Clarington Report EGD-007-16 Page 3 E 3. Conclusion It is respectfully recommended that the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2452, and that Council approve the by-law attached to Report EGD-007-16, assuming a certain street within Plan 40M-2452 as public highway. 4. Strategic Plan Application Not applicable. Reviewed b : Submitted by. Y =_ Anthony S. Cannella, C.E.T. Franklin Wu, Director of Engineering Services Chief Administrative Officer i ant Director Engineering Services 905-623-3379 ext. 2305 Staff Contact: Ron Albright, Assist g g or ralbright@clarington.net Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law The following is a list of the interested parties to be notified of Council's decision: Andy Anderson — Headgate Developments Inc. E i ASC/TR/ac/jb/mb i I I t 11-25 i BROOMEAVE w w ,. w Headgate Subdivision co Plan 40M-2452 a � = o TABB AVE LIZ NASH ROAD George,Reynolds N Dr. W E DRAWN BY: Nash Rd. E.L. a DATE. January 14, 2016 �0 REPORT EGD-007-16 = COURTICE ATTACHMENT No. 1 N�ghH,cly Z FILE NAME: KEY MAP 40M-2452.mxd ac mens ttachmens Post ESHI UpgradeMM-2452.= Municipality of Clarington Attachment 2 to Report EGD-007-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2016- Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington. The Council of The Corporation of the Municipality of Clarington hereby enacts as follows: That the street shown on Plan 40M-2452, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by The Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use: Duval Street i i BY-LAW passed in open session this th day of 2016. i Adrian Foster, Mayor i C. Anne Greentree, Municipal Clerk 11-27 I 12 Community Services i I Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. k I Report To: General Government Committee i Date of Meeting: January 25, 2016 I Report Number: CSD-001-16 Resolution: j f File Number: N/A By-law Number: Report Subject: Newcastles of the World i Recommendations: 1. That Report CSD-001-16 be received; 2. That the Newcastles of the World Steering Committee be established as a Committee of Council and the Terms of Reference (Attachment 2) be approved for the period of February 2, 2016 to October 31, 2016; 3. That Council Representative(s) be appointed to the Newcastles of the World Steering Committee; 4. That the $20,000 financial contribution be referred to the 2016 municipal budget process; 5. That Council.support all appropriate grant funding applications of the Committee; 6. That the Municipality of Clarington Finance Department issue receipts for sponsorship and donation payments pertaining to Newcastles of the World event and in turn remit these funds to the Newcastles of the World Steering Committee for their use; 7. That municipal staff involvement with participation in the conference sessions be referred to Department Heads for their consideration; and 8. That all interested parties listed in Report CSD-001-16 and any delegations be advised of Council's decision. E i" F I' 14-1 Municipality of Clarington Report CSD-001-16 Page 2 Report Overview Newcastles of the World Alliance was created in the United Kingdom and its goals include sharing best practices in economic development, tourism, culture and heritage; creating connections between communities through education (youth delegates) and business (trade). Since 1998 a summit is held every two (2) years in different Newcastles around the world. The next summit in 2016 is being held in Newcastle, Ontario. 1 . Background On February 10, 2014, Council approved the following resolution: "WHEREAS there are more than 100 different "Newcastles"or "New Castles"around the globe, in many different countries and in many different languages; WHEREAS "Newcastles of the World"connects citizens and groups from the Newcastles for friendship, for cultural, educational and business exchange, and to share experiences and ideas; WHEREAS Newcastle, Ontario in the Municipality of Clarington participated in the "Newcastles of the World"Summit held July, 2012 in Newcastle upon Tyne; WHEREAS Newcastle, Ontario in the Municipality of Clarington has joined and become a member of the "Newcastles of the World; and WHEREAS the next "Newcastles of the World" Summit is to be held April, 2014 in the town of Nove Hrady, Czech Republic; NOW THEREFORE BE IT RESOLVED THAT MayorAdrian Foster and Members of Council for the Municipality of Clarington send a Proclamation recognizing the "Newcastles of the World"Summit in Nove Hrady, Czech Republic; and THAT the Council of the Municipality of Clarington support the "Newcastles of the World Summit"be held in the Village of Newcastle, Ontario in the Municipality of Clarington for the summit year 2016." On Monday, January 4, 2016, Jeany Barrett, Chair of the Newcastles of the World Steering Committee made a delegation to the General Government Committee with an update on the planning and identified some specific requests from the Committee to the Municipality of Clarington. These requests are: 14-2 I i Municipality of Clarington Report CSD-001-16 Page 3 F I • Steering Committee become a Committee of Council • Support for putting on an international conference to showcase Newcastle and Clarington • Fin8ncial support in the amount of $20,000 • Staff support from various departments: Community Services Department, Corporate Services Department, Operations Department and Finance Department This report has been prepared by staff to provide specifics to Council on these requests, as directed through Resolution GG-006-16: "That the delegation of Jeany Barrett regarding Newcastles of the World, be received I with thanks; and That the requests of the Newcastles of the World Steering Committee, be referred to Staff to prepare a report to the January 25, 2016 General Government Committee meeting." 2. Proposal 2.1. Newcastles of the World Summit 2016 The 2016 Newcastles of the World Summit is scheduled to take take place in Newcastle, Ontario from September 19 to 23, 2016. It is expected that the delegates will include Mayors, municipal staff, business people and youth from allover the world. The theme for the 2016 Summit in Newcastle, Ontario is aging population and how it affects the community, family and youth. Since 2014, a steering committee has been developing a plan to best highlight the Village of Newcastle and the benefits of living, working and playing in Clarington for the 2016 Summit. Each morning, the delegates will take part in seminars related to either the conference theme or advancing the priorities of the Newcastles Alliance (Attachment 1) forward. In the afternoons, delegates participate in locally based excursions with visits to Algoma Orchards, OPG, golfing, Bowmanville Zoo and a historical walking tour to name a few. Evenings will include local entertainment and other activities. The Newcastle Community Hall has been reserved for the week to host these workshops and serve as the home base during the conference. A separate contingent of youth G delegates (ages 18-25 years) will conduct their working sessions at the Newcastle Branch of the Clarington Public Library. i I' E 14-3 I Municipality of Clarington Report CSD-001-16 Page 4 2.2. Steering Committee The members of the Steering Committee are: Jeany Barrett Chairperson Brianna Bate Project Coordinator Jane Black Food Jane Chung Youth Committee Joyce Kufta Excursions Masood Vatandoust Accommodations Shirley Rogers Secretary Carl Good Transportation Marilia Hjorngaard Newcastle BIA representative Leo Blindenbach Finances / Treasurer Jill Richardson Sponsorships Vacant Entertainment & Culture The committee also includes two municipal staff: the Community Development Programmer (Community Services Department) and the Communications Coordinator (Corporate Services Department). 2.3. Committee of Council The Newcastles of the World Steering Committee has requested to be recognized as a Committee of Council. This request is a result of the anticipated insurance premium for the scope of this event. As a Committee of Council, they would be covered under the Municipality's insurance coverage. To address this request, the Durham Region Insurance Pool was contacted. They have advised that they would cover the insurance requirements of the Newcastles of the World Committee for the purposes of planning and hosting the event. In order to be covered, the following conditions must be met: • Council passes a resolution accepting the Committee as a Committee of Council • A member of Council sits on the Committee • Committee minutes are forwarded to Council for information • A budget is prepared by the Committee and submitted to Council • Financial statements are submitted to Council • The Committee is aware that they cannot incur debt • All assets of the Committee become municipal assets • The Committee will not become incorporated 14-4 i Municipality of Clarington Report CSD-001-16 Page 5 For Council's information, the Committee currently meets monthly on Wednesday mornings and meeting frequency will increase as the event date approaches. Sub- committees /working groups may meet more frequently as workload and activities demand. Staff have drafted the attached Terms of Reference (Attachment 2) to help guide the work of this group. 2.4. Financial Administration The Newcastles of the World Steering Committee is requesting the assistance of the Municipality's Finance Department with certain tasks related to financial administration such as processing sponsorship and registration payments and issuing receipts. Through discussions with Finance Department staff, it is not normal practice to do the accounting functions for the boards of council; however, the department does issue municipal receipts for donations and sponsorships that the boards of council receive. The funds received are then forwarded to the applicable board of council for their use. In this manner, the Steering Committee will be required to establish their own bank account to conduct their business. The Committee would remain responsible for any costs incurred as a result of hosting the event. 2.5. Budget and Financial Support The Committee has created a budget for the 2016 Newcastles of the World Conference (Attachment 3). The budget assumes revenue from an estimated 50 registered delegates, and various unconfirmed sources including sponsorships and grants. While the Committee is hopeful they can secure more through provincial and federal grant programs, they have conservatively submitted a budget revenue figure of $10,000. As with all budgets, some of the expenses will need to be adjusted based on the number of delegates (i.e. accommodations, food, gifts) while other costs such as facility rental fees, speakers and transportation will be fixed costs that have been factored in to the r overall budget. The Committee has indicated they are committed to providing a fiscally responsible, world-class event. f The Committee has prepared a contingency plan in case revenue targets are not met or if expenses come in higher than anticipated. This contingency plan includes re- evaluating the budget and conference program regularly and offering the opportunity for local businesses to provide in-kind services or products in lieu of cash sponsorship if that is prohibitive for them. i; 14-5 i` Municipality of Clarington Report CSD-001-16 Page 6 The committee is seeking financial support for the week-long conference and is requesting $20,000 from the Municipality of Clarington. 2.6. Departmental Support In addition to the financial support requested, the Newcastles of the World Steering Committee is also requesting support from various municipal departments. Community Services Department Municipal staff from the Community Services Department will act as a resource to the Steering Committee and assist with aspects of the planning, logistics and implementation of the event in their role as Municipal Liaison. Corporate Services Department, Communications and Tourism Division The Communication and Tourism Division will continue to assist as required with graphic design needs of the Committee. A significant focus of this event is the Tourism component and to that end the department is determining if a more specific role for the new Tourism Co-ordinator is appropriate. Finance Department As outlined in section 2.4 of this report, the Finance Department would be relied upon to issue municipal receipts for donation and sponsorship payments pertaining to the Newcastles of the World event. Operations Department The Committee has many activities and excursions planned to entertain the delegates and showcase our community. In order to offer these activities, some assistance and resources will be required to coordinate the events with the Operations Departments such as use of picnic tables, waste receptacles, and traffic pylons. Upon discussion with the Operations Department, once the events are confirmed by the Committee, requirements will be reviewed with the Operations Department as per their normal practice. 2.7. Staff Participation The conference, which will run September 19 to 23, 2016, will be attended by delegates from around the world. Past conferences have indicated many of these delegates will be municipal council representatives and staff from various departments, specifically Tourism, Planning, and Economic Development. 14-6 Municipality of Clarington Report CSD-001-16 Page 7 I` The Newcastles of the World Committee is encouraging municipal departments to consider sending staff to the conference. The role of these staff members would be to participate in discussions during conference sessions and offer a Clarington perspective while networking on an international level. The Committee has offered to waive the registration fee for municipal staff. i Municipal staff would not be required or expected to attend excursions, meals or special events, unless deemed appropriate, so their attendance would not be required for the entire week. 3. Financial Considerations G If all recommendations are approved, there will be a financial impact of $20,000 which is r recommended to be referred to the 2016 budget process. i 4. Concurrence I. This report has been reviewed by Nancy Taylor, Director of Finance, Fred Horvath, Director of Operations and Marie Marano, Director of Corporate Services who concur with the recommendations. 5. Conclusion I' I This fall, the Newcastles of the World Steering Committee will welcome delegates from around the world as the host of the 2016 Newcastles of the World conference. The Newcastles of the World conference is an opportunity for political and municipal representatives from various Newcastles around the world to come together to network j and collaborate topics such as economic development, tourism and citizenship. This will be a unique opportunity to discuss issues surrounding an aging population and how the growing older adult demographic affects the community, family and youth on an r international level. i The discussions with other communities and linkages that will be created could facilitate the creation of jobs, attraction of new businesses and expansion of existing businesses, which is a strategic priority of Council. Should Council wish to support the requests of the Newcastles of the World Steering Committee, they would provide a unique opportunity to showcase Newcastle and Clarington on an international stage, setting the tone for the possibility of international partnerships and relationships for the community. i; i c 14-7 Municipality of Clarington Report CSD-001-16 Page 8 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. i Ct-TA Submitted by: Reviewed b � :y Jo/eph P. Caruana, Franklin Wu, Director of Community Services Chief Administrative Officer Staff Contact: Sharon Meredith, Manager of Recreation, 905-623-3379 ext. 2504 or smeredith@clarington,net Attachments: Attachment 1 — Newcastles of the World Declaration 2014 Attachment 2 — Newcastles of the World Steering Committee Terms of Reference Attachment 3 — Newcastles of the World Steering Committee — Event Budget List of interested parties to be notified of Council's decision: Jeany Barrett, Chair, Newcastles of the World Steering Committee JPC/SM/WG 14-8 Attachment 1 to CSD-001-16 2014 Conference in Nove Hrady f NEWCASTLES OF THE WORLD DECLARATION 2014 Delegations from different Newcastles gathered in Nove Hrady, Czech Republic, from E 28 April to 4 May 2014 for our ninth conference. Following the original initiative of Shinshiro City, Japan, we have continued to exchange views and have deepened understanding, friendship and solidarity among us. We have succeeded in establishing and maintaining and international network connecting our towns and cities for the mutual benefit of our citizens. On behalf of our respective Newcastles, we have agreed to use our best endeavours to k progress the following programme: 1. To implement the funding arrangement, as agreed between us, at the earliest possible date which will provide resources to establish a paid secretariat- responsible for taking forward this agreed plan of action. 2. To share information and best practice, and to support each other in any other practicable way to further our principal common interests which are: • To create employment opportunities, especially for our young people, together with the skills development that underpins it. • To development new initiatives that provide affordable housing for those in our communities who need it. • To address the gap in communication and involvement between local leaders and institutions and the people and communities who they are there to serve. • To support services that recognise an ageing population, meeting their needs but recognising the experience that older people have and the contribution that they can make. 4 • To sustain the viability of our town centres and district centres in the face of € out-of-town and Online retailing. I • To develop new uses for our historic buildings and identify the resources to carry this out. • To protect and sustain for future generations our environment, including our surrounding agricultural land and forestry. • To further our additional interests (more important for some individual Newcastles than others) of building a clear civic identity; tackling inequalities, discrimination and/or civil disobedience or disengagement; developing a more cohesive local society that welcomes new communities. 3. To improve communications between us by: • Having nominated contact points among officers, politicians and relevant individuals and agencies who guarantee to take initiatives, provide information and otherwise respond promptly and positively &s necessary. • Creating greater content and functionality in our on-line presence to include: topic forums to share concerns, ideas and best practice (both member- i 14-9 Attachment 1 to CSD-001-16 specific and open access); clear links from our municipality websites to Newcastles of the World. • Subject to individual agreement, to share contacts in each of our Newcastles across a range of disciplines and interests. • Developing a virtual and/or print gazette of all Newcastles of the World as a basis for contacts, interaction and public information: • Creating and keeping up to date a calendar of events and activities so we can promote each other's programmes but also avoid conflicts of dates. • Opportunities for income-generation through site sponsorship/management, advertising etc. • A more proactive approach to Facebook, Twitter and other social media platforms, perhaps with some rotation of site management and updating responsibility. 4. To create a shared tourism strategy and city branding, as a key vehicle for driving economic development, that will have the following elements: • A platform of digital/social media-based connectivity that operates for the benefit of both our own individual citizens and our visitors/investors, but which is also customised to facilitate the participation of as many Newcastles as possible. The "Omni City" model developed by Neuchatel will be examined by us all to see if it can be the basis of such a shared platform. • A Newcastles tourism passport or card which offers a mutually-guaranteed range of benefits to all visitors from one Newcastle to another. The Nove Hrady model is to be examined as a basis for such development. • Common or shared branding based on heritage (castles, other historic buildings, industrial heritage and regeneration); culture and festivals; our towns and cities as gateways to surrounding areas of natural beauty • A range of appropriate promotional material that can be used in our individual information centres, online and for exhibitions. 5. To encourage and develop a range of contacts and opportunities between businesses'and business agencies, especially through online presence and the interests that we have in chambers of commerce and trade, exchanging information on important business sectors with possibilities for trade, research and development and other collaborations. 6. To pursue opportunities for collaborative applications for EU and other international funding involving those Newcastles who wish to be part of such appropriate applications and can commit to finding their share of any match- funding that may be required. Initial areas of opportunity might be: international exchange programmes, work experience and training; choirs, traditional music and other creative cultural and craft programmes; conservation and regeneration; sustaining the viability of local centres; citizen engagement in decision-making institutions and in civic pride initiatives. The Erasmus +, Europe for Citizens and Cultural Programmes appear to provide most opportunities among the Transnational Funds; also work and skills from the Social Fund. 14-10 { Attachment 1 to CSD-001-16 7. To respond to the'agenda developed and presented by the 2014 youth conference, with positive intent, both as individual Newcastles and collectively, to support this within the future business plan, and to encourage our members to agree that all delegations to future conferences should include youth delegates, with a guideline of at least 25% of the delegation numbers. 8. To develop further between us educational, cultural and business links, with particular focus on schools; colleges/universities; chambers of commerce and trade; heritage (castles, museums and galleries), recognising that some ! partnerships will be one-to-one, others may involve a small number of Newcastles with common characteristics and interests and some may involve all Newcastles. 9. To welcome and accept the invitation extended by Newcastle, Ontario, Canada to host the tenth conference in 2016. i f I i r f i C k I I I 14-11 Attachment 2 to CSD-001-16 Newcastles of the World Steering Committee Terms of Reference Background: The idea of bringing together places around the world that share the name "Newcastle" came in 1996 from the then Newcastle upon Tyne-based arts manager John Nicolaou. He created the "Newcastle's of the World United" project, which resulted in a website and a book with this title, covering the Newcastles of the English-speaking world. The aim was to foster links of friendship, culture, education and tourism, hopefully leading to economic links and benefits. In 1998 the first Summit was held in Shinshiro, Japan with delegates from South Africa, Germany, Switzerland, Indiana and Pennsylvania (USA), United Kingdom and France. This expanded the original idea beyond the English speaking world. Since then the Summit has been held every two years in different Newcastles around the world. The goals of the Alliance include sharing best practices in economic development, tourism and culture and heritage. Creating connections between communities through education (youth delegates) and business (trade). In 2012 Newcastle, Ontario sent two delegates to the conference for the first time to bring back their impressions and thoughts on the benefits of being a part of the Newcastles Alliance. At each conference the Mayors, or Mayors' representatives, meet to create a declaration establishing a direction for the group and goals for the future of the Alliance. The next Newcastles of the World Conference will be held in our Newcastle, Ontario in September of 2016. A Steering Committee is already hard at work coming up with all the ways to best highlight the Village and all of the benefits of living, working and playing here. The 2016 delegates will include Mayors, Municipal staff, business people and youth from all over the world. The Newcastles of the World Committee will plan and implement a five day conference, hosting delegates from other Newcastles around the world. The conference will be held from September 19 — 23, 2016. The theme of the conference is Aging population and how it affects the community, family and youth. Steering Committee: Mandate: The Newcastles of the World Steering Committee has responsibilities for the following: • All areas of conference planning including: accommodations, food, project coordination, excursions, transportation, youth, sponsorships, entertainment and culture • Confirm conference budget and, submit final copy to the Municipality • Manage all aspects of conference marketing and registration • Arrange and confirm accommodations and transportation for delegates • Secure speakers and excursions in line with conference theme 14-12 r Attachment 2 to CSD-001-16 • Develop a cultural program for the conference, including entertainment and , experiences • Inform local residents and businesses of conference to build a welcoming atmosphere in the community • Create welcome packages and other materials 'as required for all delegates • Submit financial statements to the Municipality following the conclusion of the event, once all costs and monies have been received • Offer a world-class event from September 19 to 23, 2016, showcasing Newcastle j (Clarington), Ontario The Committee: I • The Newcastles of the World Steering Committee shall consist of twelve (12) voluntary members and their term shall conclude following the event and once all activities are completed (October 31, 2016 or before.) The Committee will also include appropriate municipal staff members and at least one (1) Council representative, all non-voting members • The Committee will be supported by volunteers, who can be any individuals from the general public who possess various skills or who have an interest in the k event • A Chair and Vice-Chair shall be appointed by the Committee and must be a member of the Committee A recording secretary shall be appointed at the first meeting. Duties of the recording secretary shall include the taking of meeting minutes, and circulating these minutes to the staff liaison for Council's information • The Committee will not seek incorporation Quorum: I The quorum of the Newcastles of the World Steering Committee shall consist of a f majority (7) of voting members. If a quorum is not present within fifteen (15) minutes after the time appointed for a meeting, the Chair may adjourn the meeting. If a member is absent from three (3) consecutive meetings without regrets, the Chair may request the resignation of the individual. Budgeting: ting: The Committee will prepare and provide a budget detailing anticipated revenue and E expenses for the conference. This budget will be submitted to the Municipality for their information. k The Committee shall be responsible for applying for grants from various sources including private sector and other levels of government. t There is no operating budget for the Committee as all members are volunteers. j I The Committee cannot incur debt. Any assets of the Committee will become municipal assets. I 14-13 Attachment 2 to CSD-001-16 Meetings and Reporting: The Steering Committee will meet monthly and meeting frequency will increase as the event date approaches. Subcommittees may be formed and will meet as needed to deliver various aspects of the conference. Minutes of the meetings shall be recorded and distributed to the Committee members and the Municipality of Clarington. The minutes will be placed on the Council agenda for information. The Committee will meet one final time following the event and the Chair will report back to Council on the success of the event. 14-14 f Attachment 3 to CSD-001-16 Newcastles of the World Steering Committee - Event Budget i Income Expenses i Delegate fee $ 75,000 Venue $ 5,000 (based on 50 delegates) Food $ 25,000 Sponsorship Campaign $ 10,000 Accommodation $ 25,000 Grants $ 10,000 Speakers $ 10,000 (federal, provincial) Entertainment/Cultural $ 6,000 Municipality of Clarington $ 20,000 Gifts $ 5,000 Administration $ 5,000 TOTAL $115,000 (Printing, office supplies) Sponsorship fee $ 3,500 Youth $ 3,500 E Transportation $ 12,000 Contingency $ 15,000 TOTAL $115,000 i i i f i i I i i j. i i i l 1. ! i I t j fi 14-15 r Community Services . Y Report If this information is required in an alternate accessible format, please contact the Municipal I Clerk at 905-623-3379 ext. 2102. + I Report To: General Government Committee i Date of Meeting: January 25, 2016 I Report Number: CSD-002-16 Resolution: G File Number: N/A By-law Number: Report Subject: Sponsorship Requests from the Community Living Oshawa/Clarington, VON Durham and Concerts in the Park Bowmanville Recommendations: 1. That Report CSD-002-16 be received; i 2. That Council consider the sponsorship requests submitted by the Clarington Project— Community Living Oshawa / Clarington, VON Durham Hospice and Concerts in the Park Bowmanville; and 3. That all interested parties listed in Report CSD-002-16 and any delegations be advised of Council's decision. i I 14-16 Municipality of Clarington Report CSD-002-16 Page 2 Report Overview The Municipality of Clarington supports a variety of local events and activities through the sponsorship program. Sponsorship requests have been received by the Clarington Project - Community Living Oshawa / Clarington, Durham Hospice and Bowmanville Concerts in the Park. 1 . Background The Municipality of Clarington has sponsored a variety of events and activities in the community through the sponsorship program. Previously, sponsorship requests were received and processed with limited involvement by Council. A formalized sponsorship program is being drafted by staff and a report is anticipated at General Government this spring. Until such time as a formal procedure is in place, sponsorship requests are received by staff. As they are received, sponsorship requests are summarized in a report to Council for their consideration. As the 2016 budget is not yet approved the funds available for 2016 are unknown at this time. Typically an annual sponsorship amount of$40,000 is available for sponsorship requests. 2. Proposal 2.1. The Clarington Project— Community Living Oshawa / Clarington The Clarington Project, a project of Community Living Oshawa / Clarington, offers day services in Bowmanville that support people with developmental disabilities. Members participate in a variety of activities that include recreational, educational and volunteer opportunities. On Saturday, February 20, 2016, the Clarington Project will be hosting their 19th Annual Fundraising Gala: Fire and Ice at the Garnet B. Rickard Recreation Complex. The funds raised through this event are used to offer services for people with developmental disabilities by creating opportunities for inclusion, citizenship, acceptance and partnerships. The Clarington Project— Community Living Oshawa / Clarington has submitted a sponsorship request in the range of$75.00 to $1,500.00 (Attachment 1) in support of this event. 14-17 i 4 r C Municipality of Clarington Report CSD-002-16 Page 3 i r r { 2.2. VON Durham Hospice VON Durham Hospice Services is a non-profit, community based, charitable organization that provides non-medical, emotional, social and spiritual support to individuals, their families and caregivers who are facing advanced illness and death. Their services are provided throughout Durham Region, at no charge, in homes, long-term care centres, retirement homes and communities, hospitals and shelters. The Beach Ball fundraising event hosted by VON Durham Hospice is being held on Friday, March 4, 2016 at the Ajax Convention Centre. The event proceeds will go directly to support their community-based services. VON Durham Hospice has submitted a sponsorship request (Attachment 2) in the range of $1,000.00 to $5,000.00 in support of this event. 2.3. Concerts in the Park (Bowmanville) Concerts in the Park (Bowmanville) offers free concerts for the public in Rotary Park Bowmanville each summer. The 2016 concert schedule is June 9 until August 25. i Attendees are not only local residents, but also include visitors from as far west as Scarborough and as far east as Belleville and average well over 300 per concert. Some -- nights, they have in excess of 500 to-800-guests.The concerts have experienced an increase in costs in order to secure quality entertainment and provide sound capabilities on occasion. These expenses, along with the printing of posters, programs and banners are all covered through sponsorships by local organizations and businesses. A sponsorship request from Concerts in the Park (Bowmanville) has been received (Attachment 3) in'the amount of $2,500.00 to support these summer concerts. 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that the sponsorship requests received from the Clarington Project Community Living Oshawa / Clarington, VON Durham Hospice and Concerts in the Park Bowmanville be considered by Council. i C i" r 14-18 Municipality of Clarington Report CSD-002-16 Page 4 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Jo h P. Caruana, Franklin Wu, Director of Community Services Chief Administrative Officer Staff Contact: Sharon Meredith, Manager of Recreation, 905-623-3379 ext. 2504 or smeredith@clarington.net Attachments: Attachment 1 — The Clarington Project Community Living Oshawa / Clarington Sponsorship Request - -Attachment-2 — VON Durham Hospice-Sponsorship Request- -_ -- Attachment 3 — Concerts in the Park Bowmanville Sponsorship .Request List of interested parties to be notified of Council's decision is on file in the Community Services Department. JPC/SM/WG 14-19 Attachment 1 to t1 • On 14-20 �`�1gTH'ANNUAL GALA tIv suPPORT CJF ' TFtE GLAR1tVGTON PRL�JECT �ta� i ri�txion t-uie kk �.t�(�'�E�jUt�li�'LtVIhIG ._ '_ilk I Itl l''ilJl'l111�iQli �� " EXCLU�(V� CRAFT BR�tAI�RY EVE�tT SP�}N5>rtR f3F CH©(CE - CRAFi BREWING �. w.eventbrite.ca Buyyourticketsatww �'" .. Buy inpersonati32thurchSt.,BowmanviileOH. • 93sitwsvw.,�communityltvm'gocaafurmoreinfarmatio,�n�, .. r �• .4Findusastivww.facebc�m,/c�gommunitylivingoc -� ,� �� � COMMUNITY LIVING Oshawa/Ctarington inspiring Possibilities t Dear Merchant: The Clarington Project-is pleased to announce our 191th Annual Gala.on Saturday, February 20, 2016 at The Garnet B. Rickard Complex in Bow' manville. This year's theme Is"Fire& Ice'and this exciting night will feature a live and silent auction, a fabulous plated dinner,live entertainment, music and dancing, I t The Clarington Profect,a project of Community Living Oshawa/Clarington, offers day services In Bowmanville that support people with developmental disabilities. Members participate in a Variety of activities that include recreational,educatio-nal and volunteer opportunities.. These I activities are made possible by fundraising activities such as our Gala. Our goal is to provide the highest quality of services for people with developmental disabilities by creating opportunities for inclusion,citizenship, acceptance and partnerships. We are writing to-ask for your support through attending,sponsorship,financial donation or the donation of an item to be used in our live or silent auction. The evening is sure to be filled with warmth and friendship,but most importantly,a generous outpouring of support Attached please find more information for our 19th-Annual Gala "Fire&Ice"commitment and sponsorship levels. We will be making follow-up calls In the next two weeks to see.if you have any questions that we can answer about our proposal or our organization. I we thank you for taking the time to review our package and hope that we can count on your support. if you have any questions, please do.not hesitate to contact us. Sincerely, r Ashley Vos and Andrea-Shierson Coordinators,.Volunteers&Community Relations 905-623-6854 ext.25 avos@communitylivingoc.ca . ashierson@comunitylivingoc.ca i Supporting people who have a developments!disability. !( 39 Wellington Avenue East t 905-576-3011 iilfo@communitylivingoc.ca Oshawa,Ontario L1 H 3Y1 f.905-576-9754 www,communitylivingoc.ca 4_r1�i�dtable Registration Number.M091307RR0001 - r COMMUNiTYLIWING Oshawa I Clarington Inspiring Possi.biti-ties The Clarington Project's 19t Annual Gala -- February 20, 2010 �. COMMITMENT FORM Company Name: Contact: -- Address: City, Prov.; Postal Code: Tel#: E-mail Address: k TICKETS l Yes, 1 would like attend The Clarington Prolect's 19th Annual Gala on February 20tH 2016 ❑ Tickets 66.00 each x =$ SPONSORSHIP ~ See sponsorship levels below AUCTION ITEM DONATION ' I wo.uld like to donate to be used as a silent auction item at The Clarington Project Gala. Approximate Value, $ REGRETS Unfortunately; I cannot attend the event on February 20th, 2016, however I would like to F1makea donation to The Clarington Project$ (a tax receipt will beissued) i I PAYMENT OPTIONS 1. Buy your tickets at www.eventbrite.ca and search Community Living Oshawa Clarington 2, To donate money o illne:you.go the above event page and click on the`.`Donate-Today button 3. Enclose a cheque payable to The Clarington Project 4. Cash can be paid at the Clarington Project to.Ashley or Andy(See information below): Complete and return form to: Ashley Vos/Andrea Shlerson Coordinators,Volunteers and Community Relations Community Living Oshawa/Clarington, 132 Church St.,.Oshawa,'ON-L1C 1T5 Tel: 905-623-6814 ext 25 - Fax:905-6:23-0221 E-Mail: avos@communitylivingoc.ca or ashierson@communityllvingoc.ca Supporting people who have a.devel .a mental disability, pp �p P P Y 1 i 39WeilingtonAvenue East t905-576-3011 infactcommunityiivingoc.ca Oshawa,OntarioLlH3Y1 f.905-576-9754 www.communitylivingoc.ca charitable Registration Number.10809130711110001 I 14-22 f F t COMMUNITY LIVING Oshawa./Clarington Inspiring Possibilities 1 SPONSORSHIP LEVELS Fire&Ice Sponsorship(exclusive)-SOLD Contribution::$2,000 Tickets: Eight tickets(one table) • On stage recognition by evening host • Invitation to present introductory remarks at. 1 • Prominent signage for one table j i • Logo/Name on tent cards plac all tables Inside front cover full dvertisement in the evening program • Official designa ' as the Platinum Sponsor on on-site signage • Busines s (provided by sponsor)available for guests • ured logo recognition in our Clarington Project.multi-media Presentation that will be playing duringthe evening Platinum Sponsorship(exclusive) Contribution:-$1,500 Tickets:Six tickets f p_ On stage recognition by evening host • Prominent signage:for one table • Logo/Name on tent cards placed on all tables • 'Logo/Name recognition on on=site signage o Half page advertisement in the evening program • Official designation as the Platinum Sponsor on.on-site.-signage • . Business Cards(provided by sponsor)available for.guests . - Featured logo recognition In our Clarington Project multi-media Presentation that will be playing during the.-evening. Gold Sponsorship Contribution:$1,000 Tickets: Fourtickets i i • On stage recognition by evening host • Logo/Name on tent cards placed on all tables • Logo/Name recognition on on-site-signage • Half page advertisement in the evening program ' • Business.Cards(provided by sponsor)available.for guests • Featured Logo/Name recognition In our Clarington Project multi-media Presentation that will be playing during the evening E E Supporting people who have a developmental disability. i i 39 wellington Avenue East t.905-576-3011 inWcommunitylivingoc.ca Oshawa,Ontario OH 3Y1 £905-576-9754 www.communitylivingoc.ca 14—gr a�tabieRegisttatlon Number.108[39I30780061 i COMMUNITY LIVING i Oshawa/Clarington InspiringPassibillr les i Table Sponsor i I Contribution:$800 Tickets: Eight tickets(one table) I • Signage for one table • Logo/Name recognition on on-site signage • Logo/Name recognition in the evening program • Logo/Name recognition in our Clarington Project multi-media Presentation that will be playing during the evening Clarington Project Friend Sponsorship i C' Contribution: $300 Tickets:Two tickets i • Name recognition on on-site signage r Program Sponsor Contribution: $150 for full page ad $75 for%page ad - o Advertisement in our event program Auction-item Donation One of the many everits planned for The Clarington Project Gala is a Silent Auction. To make this a successful part of the evening, we are looking for items to be auctioned off as part of our fundraising endeavors. l i . i Your contribution would be greatly appreciated. i Supporting people who have a developmental disability. k 3g Weilington Avenue East t.905-576-3011 infommmunitylivingoc.ca f. Oshawa,Ontado UH 3Y1 f.9057576-9754 wwwcomniunitylivingoc.ca Charitable Registration Number.108091307RR0001 14-24 �. rt s vq - �v ' is c '•. "., ,a. _.rt ` ME ':'• X1. v< 3*,�:,_, •` � x,4..3}\ ., � ,•� . _ • u saw ` _ �". •. ;,y-fi �Lid x'.. Ta 'c :.. �,`a -f 3 «,f y,v`+- - ' ,•� �-'� "'•�-rte- ;;w ��' �a�mom- � ��" s � - i1 -'a t" y, ua AM! r. P -� -" �,,r z aAX-CON EN ION-CENTRE S 0 BECK CRESC I T • :O ( P T1;. t I it The Beach Batt is a lively event, unique to Durham Region, with a different tropical destination highlighted every year. Tickets are $ 150 per person and our goal is to raise $100,000 for VON Durham Hospice Services and programs. The evening .begins with a cocktail reception, then an elegant dinner E followed by dancing to the sounds of the Island. Your evening will also include complimentary premium bar service and silent Et' live auctions. E R `__ C'—ODE _ Anythinn, ooeS, wi h a prize ot-Ang io tine tackiest tou; 3s{! _ t Ie Cease VON Durham Hospice Services is a non-profit, community based, charitable organization (13808-3209-RR0001) that provides non-medical, emotional, social, and spiritual support to individuals, their families and caregivers who are facing advanced illness and death. We also provide bereavement support to those struggling with the loss of a loved one. Our services are provided throughout Durham Region (at no charge) in homes, long-term care centres, retirement homes 8t communities, hospitals and shelters. 100% of the net proceeds raised by The Beach Batt go directly to support these community-based services! i 14-26 �Rl CANADA Board Walk $ 10,000 Cabana $ 5,000 { Ocean View $ 3,000 . VIP Table2 000 $ Sand Castle $ 1 , 500 { Sea Shell $ 1 ,000 '[ E Making a corporate commitment to a charity is a reflection of your company's core values and offers an incredible way to `give back' to the community in which you do business! Thank you!!!!!i!! 14-27 i CANADA ,_F . 3s s -s atY 8 1 Number of Complimentary 20 10 4 10 2 2 i 4 f tickets to event (2 tables) (1 table) (1 table) Table Signage —_ e ✓�✓ ✓ ✓ '� '� Complimentary advertising m Full 1/2 1/4 Name Business Name i. in program Et website Page Page Page Et Logo Card Et Logo Special Table Centrepieces ✓ ✓ ✓ jj7j3 ✓ Acknowledgement E from the podium ✓ ✓ ✓ Listing on donor wall Name and logo on press releases ✓ Logo on printed materials ✓ l (time permitting) E Opportunity to speak ✓ i from podium I Radio Advertising CKDO/KX96.. t Radio Commercials ✓ Value $3,000 I "According to CRA regulations,sponsorships are not eligibte for income tax receipts due to the advantages afforded by the above benefits. However,typically this type of sponsorship expense qualifies as a fully-deductible advertising or promotional expense,which is of far greater benefit.to the Corporate Sponsor. 14-28 - k CANADA E Inside Front Cover $ 1 ,000 Outside Back Cover $ 1 ,000 I _ Centre Page $ 1 ,000 F ,t AAh Fu ll Page $ 750 1 /2 Page $ 500 114 Page $ -300 e i� 1 /8 Page (Business Card) $ 200 14-29 f is 1 CANADA f of 0 i i f F E I C t FULL PAGE 1/2 PAGE „ „ „ 5.5 x 8.5 (with .25 bleed) or Horizontal: 4.75 x 3.75" 4.75" x 7.75" (no bleed) Vertical: 2.25" x 7.75" _ I k i i I i f { _ t 1/4 PAGE 1/8 PAGE (Business Card) `[ F Horizontal: 4.75" x 1.75" 2.25" x 1..75" : Vertical: 2.25" x 3.75" { i f _77 � � • AlLcatQurs must be converted tp LMYK Bleeds an#ull paads must extend 25"on • Man�mem a esalut�an of 304 dpi far all images MOWSi[ f f 1 • `Gorr�pteted ad.must tie subm�tked as a •' All other ads require a defiling bflrder i 14-30 i CANADA er Oppataft,ides G�ir�e S��r�sbr ,„„ .,,,, 3 ddd Receives 4 complimentary tickets, recognition on each table and is , WNE&6o�MY highlighted in signage and the printed program. 1 AVAILABLE �ece�t�bwS�br�sbr ,„.,,, 3,ddd Receives-4 complimentary tickets and is highlighted in signage Et in the program, customized cocktail napkins. 2 AVAILABLE �s�,atibws b f items f6r bur Uve awd slat auc'dm br draw hags Receive tax receipt for full retail value and honourable mention in the program. (Some C.R.A. restrictions apply) 14-31 k f CANADA f - r i i CANADA ! CONTACT INFORMATION: ��r fccrt�,er ir���rmati��, �a�ease db est h,es�tate tb c��.tact; VON Durham Hospice Services Vikki Gilmour 201-1650 Dundas Street East Fundraising and Event Coordinator Whitby, ON L1 N-2K8 905.240.4522 x118 Phone: 905-240-4522 vikki.gilmour@von.ca Fax: 905-240-4533 Toll Free: 1-877-668-9414 Tkukyk f 6r dakj attpt cast uaj(VLkj wkatyk caK, Every Utde h(t m65 a SIS d� ere ce, 14-32 Attachment 3 to CSD-002-16 From: Carol Purdy [mailto:bandcpurdy@sympatico.ca] Sent:January-18-16 11:47 AM . i To: Mittag, Erica <emittag@clarington.net> Subject: Re: Concerts in the Park Good Morning, Erica: The Municipality of Clarington has been a major sponsor of Concerts In the Park since its inception 17 years ago. Since that time this event has achieved an enviable reputation of being one of the finest concert series along Lake.Ontario. We have regular attendees from as far as Scarborough to the west, Port Perry and beyond to the north and as far east as Belleville and beyond to the east. The reason for this is because we bring in quality performers from all around the area as well as local groups. These groups all need to be paid and for that reason we need sponsors. We have been relying on the same budget for all these years but the groups are requiring more money to perform. It would be easy for us to pay less but the quality of concerts would suffer. We have been very proud to say we are averaging well over 300 guests to our concerts, indeed some nights we have in excess of 500 to 800 guests that literally fill Rotary Park. Many of these people arrive early on the evening and have their meal in one of our local restaurants or have a picnic in the park. All of this is wonderful exposure for our Historic Downtown. For 12 Thursday evenings Rotary Park is a "Destination". In fact a couple -- of years agotheOshawa-Senior-Citizens-organization had a concert at-Rotary-Park as a final destination for a - - "Mystery Tour". The Municipality has traditionally given us $1000.00 but due to increased costs for the bands and sound we provide on occasion, we are respectfully requesting$2500.00 this season. The Concerts In the Park series begins on Thursday, June 9 and ends on August 25. All concerts begin at 7:00 and end at 9:00 p.m. We thank you in advance for your consideration. Respectfully, your Concerts In the Park Committee, Garth Gilpin, Ron Hooper, Brian Purdy 1 . 1.4-33 clarb 9--toil i i Clerk Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: January 25, 2016 Report Number: CLD-007-16 Resolution: File Number: C12.EN Dy-law Number: i Report Subject: Appointments to Energy From Waste —Waste Management Advisory Committee I Recommendations: 1. That Report CLD-007-16 be received; r 2. That the current Clarington appointees be thanked for their contributions to the Energy from Waste—Waste Management Advisory Committee; 3. That the vote be conducted to appoint four citizen representatives for a two-year term or until a successor is appointed, from the Municipality of Clarington, to the Region of Durham's Energy From Waste —Waste Management Advisory Committee, in accordance with the Appointments to Boards and Committees Policy;.and Y 4. That all interested parties listed in Report CLD-007-16 and any delegations be advised of Council's decision. E i I, I 15-1 Municipality of Clarington Report CLD-007-16 Page 2 Report Overview This report is intended to provide background information regarding the vacancies on the Energy from Waste —Waste Management Advisory Committee (EFW-WMAC) and to assist Council in the appointment of members to fill these vacancies. 1. Background 1.1 . Energy from Waste — Waste Management Advisory Committee (EFW-WMAC) The EFW-WMAC was established in 2011. It acts in an advisory role to the Durham Works Committee on issues or concerns which arise with waste diversion, waste management, environmental performance and monitoring of the EFW Facility, including the construction and operational phases. The EFW-WMAC is comprised of nine residents from the Region of Durham: five residents appointed by Durham Regional Council and four residents appointed by Clarington Council. 2. Current Situation 2.1. EFW-WMAC - End of Term The following four Clarington EFW-WMAC members were appointed in 2014, for a two year term: • Suzanne Marie Barnes • Wendy Bracken • Jim Vinson • Kathy Coupland As per the terms of reference (Attachment 1), the Region of Durham has notified Clarington's Municipal Clerk, on November 12, 2015, that the re-appointment process has begun. Accordingly, an advertisement was placed in the Clarington This Week and Orono Weekly Times December 9 &16, 2015 and January 6, 2016, on the Municipality of Clarington's website and social media, with an application deadline of January 15, 2016 at noon. At the time of writing this report, a total of nine applications were received as follows: • Wendy Bracken* (LATE) • Karen Cashin • David Climenhage (LATE) • Elaine Collis • Robert Davidson • Sami Elhajjeh • John Hicks 15-2 i i Municipality of Clarington Report CLD-007-16 . Page 3 Geoff James • Jim Vinson* Please note that an asterisk following the applicant's name indicates that the person is presently a member of the EFW-WMAC. "LATE" following the name indicates the application was received past the deadline of January 15, 2016 at noon. Applications have been circulated under separate cover (Attachment 2) as they contain personal information. 3. Concurrence Not Applicable 4. Conclusion In order to fulfill the requirements of the EFW-WMAC Terms of Reference, it is recommended that four of the following applicants be appointed to the EFW-WMAC for a two-year term or,until a successor is appointed: • Wendy Bracken • Karen Cashin • David Climenhage • Elaine Collis • Robert Davidson • Sami Elhajjeh • John Hicks • Geoff James • Jim Vinson 5. Strategic Plan Application Not applicable. I V Submitted b � � Reviewed b Y: y . C. A�ne Greentree Franklin Wu, Municipal Clerk Chief Administrative Officer I' Staff Contact: Michelle Chambers, Committee Coordinator, 905-623-3379 ext. 2106 or mchambers(a)-clarington.net 15-3 Municipality of Clarington Report CLD-007-16 Page 4 Attachments: Attachment 1: EFW-WMAC Terms of Reference Attachment 2: EFW-WMAC Confidential Applications (Distributed Separately) List of interested parties to be advised of Council's decision: Wendy Bracken Karen Cashin David Climenhage Elaine Collis Robert Davidson Sami Elhajjeh John Hicks Geoff James Jim Vinson Mirka Januszkiewicz, Director, Waste Management, Regional Municipality of Durham Melodee Smart, Administrative Assistant, Commissioner's Office, Works Department, Regional Municipality of Durham CAG/jeg/mc 15-4 i ATTACNENT# To REPORT# 61 Energy from Waste-Waste Management Advisory Committee (EFW-WMAC) Terms of Reference 1 Purpose The Energy from Waste-Waste Management Advisory Committee (EFW-WMAC) is established to provide a forum for public and other stakeholders to monitor, review and.liaise with the Regional Municipality of Durham (Durham) on the EFW facility including how the waste is being sorted prior to arriving on-site. The success of the EFW facility will depend on the diversion measures and waste separation (waste management) that happens at the transfer stations and curb-side collection. The EFW-WMAC (Committee) is being established to satisfy the Host Community Agreement (HCA) with the Municipality of Clarington (Clarington) and the Commissioner & Medical Officer of Health's Report 2009- COW-01 obligations. 2. Mandate The EFW-WMAC will act in an advisory role to the Durham Works Committee on issues or concerns which arise with waste diversion, waste management, environmental performance and monitoring of the EFW facility, including the construction and operational phases. The EFW-WMAC will be comprised of volunteers from Durham appointed by Durham Regional Council and Clarington Council in accordance with these Terms of Reference. 3. Scope of Activities The scope of activities that the EFW-WMAC may undertake include, but are not limited to: r a) Review, discuss and improve understanding of waste diversion and management that occurs before the waste arrives at the EFW facility. b) Review, discuss, summarize and/or provide opinions about available information, environmental surveillance programs, independent environmental testing, public reporting of environmental surveillance data, environmental performance for the EFW facility (as outlined in the Commissioner & Medical Officer of Health's Report 2009-COW-01). c) Identify, assess and study specific issues/concerns which may be related to or associated with the EFW facility or feeder waste management EFW-WMAC Terms of Reference Page 1 of 7 (Revised December 7,2011,March 28, 2012,and March 21,2013) i 15-5 system, including issues referred to the EFW-WMAC by the public, local governments, health professionals, etc., or that otherwise come to the EFW-WMAC's attention and to relay findings to Durham's Works Committee. d) Advise on the development and implementation of community outreach activities which support the growth and environmental awareness and appreciation in Durham in co-operation with other organizations where appropriate. This may include public information sessions, educational - workshops and participating in some community events. e) Review and discuss matters of public interest regarding the EFW facility and its processes, policies and operation. Advise on emerging issues that may be associated with environmental and human health. f) Facilitate communication between stakeholders. - g) Provide a forum for the residents.to bring their concerns/questions or suggestions pertaining to the EFW facility. 4. Composition The EFW-WMAC will be comprised of volunteers selected at large from Durham in accordance with these Terms of Reference. The EFW-WMAC will be comprised of nine members. Members shall not hold an elected office (municipal, provincial or federal). All members are regarded as individuals and.do not represent their respective employers or advocacy group in their capacity as an EFW-WMAC member. Members will be appointed for a two year term to a maximum of three consecutive terms. Appointments will be staggered to provide continuity for.the committee. 5. Membership Membership shall consist of nine residents from Durham. Five residents will be appointed by Durham Regional Council. Four residents will be appointed by Clarington Council. The EFW-WMAC will notify Durham's Works Committee or Clarington Council, as the case may be, of the need to seek replacement members. Members will be replaced in accordance with the membership selection process outlined in Sections 5 and 6 of these Terms of Reference. Members shall continue to serve until their replacements are appointed. EFW-WMAC Terms of Reference Page 2 of 7 (Revised December 7,2011,March 28,2012,and March 21,2013) 15-6 i Non-attendance for three consecutive meetings will be considered grounds for replacement. Invitations to attend EFW-WMAC meetings will be provided to the following non-voting members- • Staff representative from Durham's Works Department. Staff representative from Durham's Health Department. i ® Staff representative from The Regional Municipality of York. • Staff representative from Clarington. • Staff representative from the Ministry of the Environment. • Senior staff representative of the facility's design, build, operate (DBO) r contractor and operator. • Ward 1 Local and Regional members of Clarington Council. i 6. ' Call for Membership Durham will advertise the opportunity to participate in the EFW-WMAC using local newspaper(s) within the boundary of Durham. Responses will be evaluated by Durham's Senior Waste Management staff and recommended for appointment by Durham's Works Committee and Durham Regional Council for j five members. I Clarington will advertise the opportunity to participate in the EFW-WMAC as a representative of Clarington, using Clarington's process for committee i appointments for four members. j 7. Eligibility Criteria/Evaluation i Interested residents from Durham must provide a detailed resume with a covering letter outlining their interest and their qualifications in being appointed to this.Committee. The submission of additional information on why they should be selected for membership, detailing their knowledge of the EFW facility and the . Environmental Assessment process and project will be considered. Previous participation or experience with committees/working groups will be i considered an asset. i ; i i EFW-WMAC Terms of Reference Page 3 of 7 (Revised December 7,2019,March 28, 2092,and March 29,2093) r. is . 15-7 Every potential appointee must disclose any obligation, commitment, relationship or interest that could conflict or may be perceived to conflict with his or her duties as part of the EFW-WMAC. A conflict of interest could arise in,relation to personal matters including: • Directorships or other employment. • Interests in business enterprises or professional practices. • Share ownership. • Existing professional or personal associations. • Professional associations or relationships with other organizations. • Personal association&with other groups or organizations, or family relationships. 8. Officers The Chair will be elected by the Committee and serve for a two year term. The Vice Chair will be elected by the Committee and serve for a two year term. If a vacancy of any of the key roles occurs, a replacement will be elected by the Committee. Chair • Shall manage and provide leadership to the committee. • Shall chair meetings, maintaining order, while allowing for discussion and input from committee members and staff representatives. • Shall establish and maintain a positive meeting environment. • Shall make presentations as requested, including at least one presentation annually to Clarington Council and Durham Works Committee/Regional Council • Shall co-ordinate any exchange of information (advise, request for information, etc.) through the EFW-WMAC to Durham's Works Committee. Vice Chair • Shall act on behalf of the Chair in his/her absence. Durham Staff Liaison • Shall chair the inaugural meeting. EFW-WMAC Terms of Reference' Page 4 of 7 (Revised December 7,2099,March 28,2092;and March 29,2013) 15-8. f • Shall prepare all meeting agendas and take minutes. • Shall keep a current and accurate statement of all expenses, • Shall update the website by posting minutes, annual reports and any other important meeting correspondence. • Shall advertise each meeting in Durham area newspapers. 9. Support Services The Waste Management division of Durham's Works Department will appoint a staff liaison to the EFW-WMAC to provide administrative, procedural and technical support to the EFW-WMAC. i The Region will provide secretariat support. The staff liaison will co-ordinate all requests for advice from the EFW-WMAC through meeting agendas. EFW-WMAC responses to such requests shall be co- ordinated by the Chair and the staff liaison to the Works Committee. Regional Council will provide an annual budget of up to but not limited to $20,000 to cover operational expenses of the EFW-WMAC, and this budget will be administered by the Durham Works Department. Appointed EFW-WMAC members will be reimbursed for mileage expenses for attendance at EFW-WMAC meetings upon submission of an expense sheet in accordance with Regional policy. Any.other funding requests must be submitted, T in advance to the Durham Works Department~for consideration. I Durham will provide space on its website to post information such as meeting minutes and other relevant information. Upon request, the representatives of the Regions, contractors and governmental/regulatory bodies shall ensure that all studies and other information relevant to the Committee's mandate are made available to the EFW-WMAC. 10. Meetings/Resolutions The EFW-WMAC shall meet quarterly throughout the year at Regional Headquarters. Meeting dates must be determined such that they take into I` account business needs and the schedule of Regional Committees/Council. The meeting location may be subject to change once the.EFW facility is operational and providing space is available. The EFW-WMAC will establish a meeting schedule at its inaugural meeting. The Committee may choose to adjust the schedule takinginto account business needs and the schedule of Regional � EFW-WMAC Terms of Reference Page 5 of 7 F (Revised December 7,2011,March 28,2012,and March 21,2013) 15-9 Committees/Council, however, must ensure that one meeting will be held per quarter. Special meetings may be held at the call of the EFW-WMAC Chair. All meetings will be posted on the Durham website, and any changes to the dates must be posted on the Durham website two weeks in advance of the proposed meeting. All meetings will be open to the public. As a formal Advisory Committee to the Region, the EFW-WMAC is subject to Regional Council Rules of Procedure unless otherwise specified in these Terms of Reference. All decisions made by the EFW-WMAC will be based on a majority vote unless otherwise specified in these Terms of Reference or Regional Council Rules of Procedure. Quorum shall consist of a majority of the sitting members. The EFW-WMAC may establish working'groups to address specific issues as identified in the Annual Solid Waste Management Servicing and Financing Study, noting that secretariat support will not be provided to these working groups. Working groups shall be comprised of members of the EFW-WMAC and any other staff support as deemed necessary. The Chair of a working group shall be a voting member of the EFW-WMAC. The working group will report back to the EFW-WMAC. 11. Delegations to Meetings Any person wishing to appear as a delegate to the EFW-WMAC must submit a written request no later than 9:30 a.m. on the Monday preceding the meeting to the EFW-WMAC staff liaison advising of the topic on which they wish to speak for inclusion in the agenda. The staff liaison will forward the written request to the EFW-WMAC Chair if the relevance of a delegation appears to be outside the mandate of the Committee, then the Chair will request that the Committee decide as to whether a delegation should be heard. Materials to be presented by a delegate shall be provided one week in advance of the meeting. Any person wishing to address the EFW-WMAC who has not previously arranged to do so may be granted permission to do so only by a two-thirds affirmative vote of the Committee. 12. Minutes and Agendas Agendas will be distributed two weeks in advance of upcoming meetings. EFW-WMAC Terms of Reference Page 6 of 7 (Revised December 7,2011,March 28,2012,and March 21,2013) 15-10 i h L The minutes of each EFW-WMAC meeting will be included on the subsequent meeting's agenda for approval. Following the meeting, the unapproved minutes will be circulated by e-mail to the Committee members upon completion. The unapproved minutes will be forwarded to Durham's Works Committee for information and posted on Durham's website. When the minutes are approved, any amendments will be forwarded to Durham's Works Committee. 13, Annual Reports i f An annual report summarizing the activities of the previous year shall be prepared by the EFW-WMAC and the staff liaison, and forwarded to Durham's Works Committee and Clarington Council. The report should include any suggested revisions to the Terms of Reference. The Chair of the EFW-WMAC will present their annual report, and any additional reports as requested to Durham's Works Committee/Regional Council and to Clarington Council. An annual review of the EFW-WMAC will be completed by Durham's Works Committee to determine the effectiveness of the EFW-WMAC and ensure continued improvement. Clarington Council will be consulted on any changes to the Terms of Reference. 14. EFW-WMAC Dissolution i The Committee can be dissolved at any time by Durham Regional Council, in consultation with Clarington Council and the members, providing that the requirements of Durham Report 2009-COW-01 and Host Community Agreement have been fulfilled or upon the decommissioning of the facility. i s i EFW-WMAC Terms of Reference Page 7 of 7 (Revised December 7, 2011,March 28, 2012,and March 21,2013) 15-11 WIM Clerk's 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 i Date of Meeting: January 25, 2016 I Report Number: CLD-008-16 Resolution: File Number: L04.OM By-law Number: Report Subject: Municipal Ombudsman Recommendations: 1. That Report CLD-008-16 be received; 2. That Council approve the appointment of a Municipal Ombudsman to conduct investigations with respect to the administrative acts of the Municipality of Clarington; I 3. That the Region of Durham be advised that Clarington supports the concept of a Regional Ombudsman acting as Clarington's Municipal Ombudsman on a "fee for service" basis; I 4. That staff continue to work with the Region of Durham, as deemed appropriate, in the RFP j process to ensure that Clarington's needs are include in the Regional RFP; 5. That staff report back at the conclusion of the RFP process; and 6. That all interested parties listed in Report CLD-008-16 and any delegations be advised of Council's decision. I i i ( i i i i 15-12 Municipality of Clarington Report CLD-003-16 Page 2 Report Overview This report provides background information regarding the Public Sector and MPP Accountability Act, 2014 ("Bill 8") which came into effect on January 1, 2016 and includes amendments to the Ombudsman Act. Staff are recommending that Council appoint a Municipal Ombudsman and provide notice to the Region of Durham that Clarington would like to participate and partner with the Region of Durham in the appointment process. 1 . Background 1.1. Public Sector and MPP Accountability Act, 2014 (Bill 8) The Public Sector and MPP Accountability Act, 2014, the "Act", received Royal Assent on December 11, 2014. It includes 11 schedules which enact 1 new Act and amend more than 10 other pieces of legislation. Different sections of the Bill come into force on different dates. This report shall deal specifically with Schedule 9 of the Act which amends the Ombudsman Act and related legislation, such as the Municipal Act, 2001. Schedule 9 came into force on January 1, 2016. When the Municipal Act, 2001 was amended in 2006 (Bill 130) it introduced enhanced accountability powers for municipalities, including the authority to establish codes of conduct and to appoint accountability officers such as an Integrity Commissioner, Auditor General and Ombudsman. According to provincial sources, the City of Toronto was the only municipality to appoint a Municipal Ombudsman. Without making such an appointment, the public had no access to ombudsman services to address complaints about municipalities. The Schedule 9 amendment ensures that every person in every municipality across Ontario has access to an ombudsman. Where no municipal ombudsman has been appointed, by default the Provincial Ombudsman shall serve as the ombudsman for the municipality. This authority applies to the Municipality and its local boards. Despite these recent amendments to the Ombudsman Act, the opportunity for the Municipality to appoint its own ombudsman under the Municipal Act, 2001 remains. 1.2. The Role and Authority of the Ombudsman in accordance with the Act The function of the Provincial Ombudsman is to privately investigate any decision or recommendation made or any act done or omitted in the course of the administration of a public sector body and affecting any person or body of persons in his/her or its personal capacity. All complaints must be submitted in writing and the Ombudsman must advise the municipality of his or her intention to make an investigation. The Ombudsman may refuse to investigate a matter where it appears to the Ombudsman that, under the law or existing administrative practice, there is an adequate remedy for the complaint or taking into consideration all of the circumstances in the case, further investigation is unnecessary (eg. a complaint is trivial, frivolous, vexatious, 15-13 Municipality of Clarington Report CLD-006-16 Page 3 not made in good faith, or the person complaining does not have a sufficient personal interest in the subject of the complaint). At the conclusion of an investigation, the Ombudsman may publish the findings and make recommendations. Additionally, the Ombudsman may request the municipality or local board to notify him or her of the steps it proposes to take to give effect to his or her recommendations. The Ombudsman does not have the authority to impose penalties. These powers do not apply to the Ombudsman if: a) the Municipality has appointed its own Municipal Ombudsman, unless the municipally appointed Municipal Ombudsman has refused to investigate the matter or has conducted and concluded an investigation on the matter; or b) the time for bringing the matter for investigation to the Municipal Ombudsman has expired. In November, 2007 Council appointed a closed meeting investigator, and as such, any complaints received by the Ombudsman pertaining to a closed meeting would continue to be investigated by Clarington's appointed Closed Meeting Investigator. 2. Consideration for appointment of a Municipal Ombudsman i 2.1. In 2007 Council considered Report CLD-042-07 which detailed the various options for ensuring accountability and transparency; including the appointment of accountability officers including an Integrity Commissioner, Ombudsman and Auditor General. At that time, Council did not proceed to make any such appointments. In 2013, Council considered Addendum Report COA-005-13 pertaining to the appointment of an Integrity Commissioner and again, did not proceed to make such an appointment. In light of the recent amendments to the Ombudsman Act, Council should consider exercising its authority to appoint a Municipal Ombudsman. It is worth noting that the Municipality of Clarington currently has a variety of mechanisms in place to address complaints received by staff. These processes would continue whether or not a Municipal Ombudsman were to be appointed. If appointed, the Municipal Ombudsman would more or less be a last resort and would become involved only in situations where a complainant has exhausted all other processes or mechanisms. The mandate of the Provincial Ombudsman is quite broad and the services are provided to municipalities with no direct cost to the complainant or the municipality (except for the costs of staff time in responding to the Ombudsman during the investigation). The appointment of a Municipal Ombudsman would create an independent and impartial review before the Provincial Ombudsman could undertake an investigation. The function would be essentially the same as the Provincial Ombudsman with a process which is tailored to best serve the Municipality of Clarington. The Municipality would be required to pay for such a service and thus may not be viewed by some as being impartial. However, the advantages of appointing a Municipal Ombudsman 15-14 Municipality of Clarington Report CLD-008-16 Page 4 include: increasing transparency and accessibility for residents; the opportunity to focus on local issues and address them within the local context of the Municipality of Clarington and its residents; the opportunity to educate the public on administrative operations and assist the municipality in implementation of administrative practice improvements; and assist in analysis and identification of systemic difficulties. In recent publications, the Ombudsman's Office has "encouraged municipalities to resolve local issues at the local level and to create their own complaint resolution mechanisms, which may include appointing accountability officers such as integrity commissioners, ombudsman and auditors general."... "Our role is not to replace those offices, but to be there to ensure they work as they should, and to step in where they fail or cannot go." Based on information received from the Ministry of Municipal Affairs and Housing, wherever possible the Ombudsman's Office would investigate complaints, but may be more focussed on more systemic changes. As stated earlier in this report, should Council choose not to appoint a Municipal Ombudsman, the Provincial Ombudsman would become Clarington's Ombudsman by default. 2.2. On December 16, 2015, Regional Council considered Report 2015-A-41 (see Attachment 1) and passed the following resolution: A) That the Region of Durham approve the appointment of a Municipal Ombudsman to conduct investigations with respect to the administrative acts of the Region; B) That the Region of Durham be authorized to issue a Request for Proposals (RFP) seeking proposals for a Municipal Ombudsman, including the consideration that the appointment be made jointly with the Region's local municipalities, should they be amenable, and their respective Councils endorse such an approach, the RFP being subject to financing at the discretion of the Commissioner of Finance and subject to completion of Recommendation C); C) That upon obtaining Regional Council approval for Recommendations A) and B) that Regional staff be directed to send copies of Report #2015-A-41 and the Regional council direction to all local municipalities within the Region of Durham and request that the local municipalities report back to Regional staff within 30 days from receipt of this report as to whether they would like to participate and partner with the Region of Durham in the proposed RFP as described in Recommendation B); and D) That Regional staff report back by the end of June of 2016 regarding the status of the appointment of a municipal Ombudsman or subsequent to the completion of Recommendations A) through C) above. 2.3. Since the passing of the above resolution, staff have been in contact with the Region's Commissioner of Corporate Services to seek clarification on their anticipated RFP and appointment process. The Commissioner confirmed that the anticipated process will parallel that which was followed by the Region for the appointment of their Closed Meeting Investigator. Specifically, they anticipate that the appointment will be a contracted, as needed service; similar to Clarington's service contract with LAS for 15-15 Municipality of Clarington Report CLD-006-16 Page 5 closed meeting investigations. The Commissioner advised that they also anticipate to follow a process model similar to that followed by the Region of York. It is staff's understanding, that the Region of Durham will proceed to develop their RFP, are willing to accept input from Durham municipalities into the RFP specification, and once Regional Council awards the contract for service, will advise the Durham municipalities. At that time, Clarington could then take the appropriate steps to confirm the Ombudsman service for Clarington through the Region's Ombudsman appointment. 2.4. The Municipality of Clarington maintains a variety of mechanisms to seek feedback from members of the public. While it is the opinion of staff that these mechanisms are successful in ensuring that Clarington is providing exceptional services, based on research findings, and in particular those noted by the Region of Durham in Report 2015-A-41, staff recommend that Council approve the appointment of a Municipal Ombudsman to conduct investigations,with respect to the administrative acts of the Municipality of Clarington. In an effort to minimize costs and to provide for consistency within the Region of Durham, staff further recommend that Council support the concept of appointing the Regionally appointed Municipal Ombudsman as Clarington's Municipal Ombudsman, and to ensure that Clarington's needs be included in the Region's RFP specifications, that staff work with the Region as deemed appropriate. 3. Financial / Budget Funding i At this time, the fees associated with the appointment of a Municipal Ombudsman is unknown for two reasons. First, the Regional RFP process has not yet been completed, and second, the number of anticipated complaints which would be investigated by a Municipal Ombudsman is unknown. That said, staff would expect the fees to be similar to those paid for a closed meeting investigation (ie. a reasonable annual retainer with a "fee for service"). The draft 2016 budget for closed meeting investigations is $3000. i 4. Concurrence This report has been reviewed by Andrew Allison, Municipal Solicitor and Marie Marano, Director of Corporate Services who concur with the recommendations. 5. Conclusion Based on the foregoing, it is respectfully recommended that Council approve the j appointment of a Municipal Ombudsman to conduct investigations with respect to the administrative acts of the Municipality of Clarington, and that the Region of Durham be advised that the Municipality of Clarington agrees to participate in the development of the RFP for the appointment of the Municipal Ombudsman for the Region of Durham. At the conclusion of the Region's RFP process, staff will report back to Council. 15-16 Municipality of Clarington Report CLD-006-16 Page 6 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: �' C. Anne Oreentree Franklin Wu, Municipal Clerk Chief Administrative Officer Staff Contact:. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington.net Attachments: Attachment 1 — Region of Durham Report 2015-A-41 The following is a list of the interested parties to be notified of Council's decision: D. Wilcox, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham D. Shields, City Clerk, City of Pickering M. deRond, Director, Legislative & Information Services, Town of Ajax C. Harris, Clerk, Town of Whitby S. Kranc, City Clerk, City of Oshawa N. Wellsbury, Municipal Clerk, Township of Scugog D. Leroux, Director of Legislative Services/Clerk, Township of Uxbridge T. Gettinby, Chief Administrative Officer & Municipal Clerk, Township of Brock A. Allison, Municipal Solicitor M. Marano, Director of Corporate Services Clarington Museum and Archives Board Clarington Older Adult Centre Board Clarington Public.Library Board Historic Downtown Bowmanville Business Improvement Area Newcastle Central Business Improvement Area Newcastle Memorial Arena Board Newcastle Village Community Hall Orono Arena Community Centre Board Orono Central Business Improvement Area Solina Community Hall Board Tyrone Community Hall Board CAG 15-17 December 18, 2015 REVIEWFO BY De.Rond, Clerk ORIGWA TO: Tow f Ajax ❑ COUNCIL. ❑ COUNCIL q FILE DIRECTION IN=ORNIATION 65 Harwo Avenue South CcP,�TO: Ajax ON L1 S 171 U q NlAYOR ❑ ,te?LERS'\U CAO U!_UNCIL ❑ COMMUNI IY ❑ CG;VG'RATE ❑ EMERGENCY j SE VI S f"'"�' SERVICES RE: Municipal.Ombudsman: Bill 8 — Public , ecto acid MPP The Regional Accountability and Transparency Act, �1� ' N� ►°r4'�� ° oPERarlors Municipality Our File: L00-1696 ❑ PLANNING s r TREASURY of Durham SERVICES' Corporate Services Please be advised the Finance &Administration Coi iMiftgeof Regional Department- Council considered the above matter and at a meeti Nh%LgLAR'P c.ember Legislative Services 16,.2015, Council adopted the following recommencta ions o 605 ROSSLAND RD.E. Committee: PO BOX 623 WHITBY ON L1 N 6A3 That the Region .of Durham approve the ointment of a CANADA A) g Pp pp � Municipal Ombudsman to conduct investigations with respect to 905-668-7711 the administrative acts of'the Region; 1-800-372-1102 Fax:905-668-9963 B) That the Region.of Durham be authorized to issue a Request www.durham.ca for Proposals (RFP) seeking proposals for a Municipal Matthew L.Gaskell Ombudsman, including the consideration that the appointment Commissioner of be made jointly with the Region's local municipalities, should Corporate Services they be amenable, and their respective Councils endorse such an approach, the RFP being subject to financing at the discretion of the Commissioner of Finance and subject to completion of Recommendation C); C) That upon obtaining Regional Council approval for Recommendations A) and B) that Regional staff be directed to send copies of Report#2015-A-41 and the Regional Council direction to all local municipalities within the Region of Durham and request that the local municipalities report back to Regional staff within 30 days from receipt of this report as to whether they would like to participate and partner with the Region of Durham in the proposed RFP as describe in Recommendation B); and D) That Regional staff report back by the end of June of 2016 regarding the status of the appointment of a municipal Ombudsman or subsequent to the completion of Recommendations A) through C) above. As directed, attached is a copy of Report#2015-A-41 of the Commissioner of Finance. konce fov �rzniues" If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-1102 ext. 2009. 15-78 i Clerk's 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 i Date of Meeting: January 25, 2016 f r Report Number: CLD-009-16 Resolution Number: f File Number: Dy-law Number: Report Subject: Private Property Parking Enforcement Recommendations: 1. That Report CLD-009-16 be received; 2. That the By-law, attached to Report CLD-009-16, as Attachment 2 to appoint Nemesis Security as Private Parking Officers for 55 and 75 Shipway Avenue Newcastle be approved; and 3. That all interested parties listed in Report CLD-009-16 and any delegations be advised of Council's actions. II I I I 15-19 Municipality of Clarington Report CL®-009-16 page 2 Report Overview The provisions of Clarington Traffic By-law 2014-059 governs all parking enforcement matters within the Municipality. Private property owners may apply to have private security companies undertake enforcement duties on their own land and issue municipal parking infraction notices. 1. Background In the fall of 2015, Staff were approached by Mr. Peter Alves on behalf of Guardian Property Management Services Ltd. Mr. Alves' company, Nemesis Security Services, had been contracted by Guardian to provide officers for parking enforcement at the condominiums located at 55 and 75 Shipway Avenue, in the Port of Newcastle. In order to be able to perform the enforcement duties, Section 15(1) of the Police Services Act, RSO 1990, c. P.15, requires that Nemesis Security Services to be appointed by the Municipality. 2. Discussion This proposal involves both a property and a company that have never had private parking enforcement within Clarington before, and as such it is necessary to approve the site and appoint the company by by-law. Once the initial appointment is made to the company, there will be no need to bring the matter back to Council every time the actual officers change. Any officers who will be working at the site will be screened and trained by the Manager of Municipal Enforcement, prior to commencing their duties. On January 8th, Staff attended the property to determine if proper signage had been installed pursuant to the Traffic By-law requirements. Staff concluded that the area had been properly and sufficiently signed for parking enforcement. 3. Concurrence Not applicable 4. Conclusion The proposed by-law will appoint the employees of Nemesis Security to carry out the enforcement duties at the site. 5. Strategic Plan Application Not Applicable 15-20 c I Municipality of Clarington Report CLD-009-16 Page 3 /pf I Submitted by: - �' Reviewed by: 1 3 ,t-4 6'eGre-entree Franklin Wu, Municipal Clerk Chief Administrative Officer Staff Contact: Len Creamer, Manager, Municipal Law Enforcement, 905-623-3379 ext. 2110 j or Icreamer(a-),clarington.net i Attachments: Attachment 1: copy of letter of authorization from Guardian Property Management Services Ltd. to Nemesis Security to provide general.security and private property parking enforcement on their lands located at 55 and 75 Shipway Avenue, Newcastle Attachment 2: by-law to appoint employees of Nemesis Security as Parking Enforcement Officers for the properties at 55 and 75 Shipway Avenue, Newcastle Interested parties: Peter Alves, CEO Nemesis Security Services Phone: 416-285-5233 Toll free: 1-877-607-5233 www.nemesissecurity.com i r I Guardian Property Management Services Ltd. 204-209 Dundas St. E, Whitby, ON LIN 7H8 I I i 15-21 ® ® Guardian Property Management Services Ltd. September 1, 2015 Municipality of Clarington By-law Services 40 Temperance St. Bowmanville, Ontario L1C-3A6 To: Len Creamer, Manager Municiaal Enforcement Re: DSCC #-205 .— 55 & 75 Shipway Avenue, Clarington This letter is to. confirm arrangements between 'Durham Standard Condominium Corporation leo. 205" and Nemesis Security Services Inc. to enforce the parking regulations at: 55 & 75 Shipway Avenue, Clarington This letter is authorization for Nemesis Security Services Inc. its agents and/or employees to proceed with the aforementioned program to allow the tagging and/or towing of unauthorized parked vehicles, so long as it is done lawfully and within the Municipality of Clarington guidelines. Visitor Permits; Permits will be required between midnight and 7.00 am nightly. Visitors will be required to contact SwiftPark by phone, (1-877-943-8727) or online (www.swift-park.com) 24 hours, 7 days per week to obtain an electronic visitor parking permit. Every unit owner will be provided with written instructions on how to use the system. I can be reached at 905-427-8535, Ext. 1115, should you require any additional information. 204 — 209 DUNDAS ST, E. - WHITBY, ONTARIO - L1N 7H8 PHONE: 905-427-8535 - FAX: 905-427-9251- TOLL FREE 1-877-344-3195 EMAIL — guardiankg_pms ca - WEBSITE — www gems ca 15-22 r YoursVIa i A roperty Manager Gua dManagement Services Ltd, . Aut orized agent for. DSCC 205 Email: andrewslater@gpms,ca . i I - 4 F f j i 15-23 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2016- Being a By-law to appoint Private Property Parking Officers WHEREAS Guardian Property Management Services Ltd have retained Nemesis Security Services to provide security and parking enforcement on the properties of 55 and 75 Shipway Ave. Newcastle; AND WHEREAS subsection 15(1) of the Police Services Act, RSO 1990. c. P.15 states that a municipal council may appoint persons to enforce the by-laws of the municipality. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Nemesis Security Services is hereby appointed as Private Parking Enforcement for the properties of Guardian Property Management Services Ltd. located at 55 and 75 Shipway Avenue, Newcastle. 2. This appointment shall extend to all enforcement staff employed by Nemesis Security who have been approved and trained by Clarington Municipal Law Enforcement staff and who are assigned duties at 55 and 75 Shipway Avenue, Newcastle. 3. This by-law shall remain in effect for the duration of Nemesis Security's contract to provide security and enforcement services for Guardian Property Management Services Ltd. at 55 and 75 Shipway Avenue, Newcastle. 4. This By-law shall take effect on the date that it is passed. Passed this 8t" day of February, 2016 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 15-24 sw Any Legal Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. i Report To: General Government Committee Date of Meeting: January 25, 2016 Report Number: LGL-001-16 j File Number: Department File #L1000-31 By-law Number: Report Subject: Orono Business Improvement Area By-law j Recommendations: j I 1.1 That Report LGL-001-16 be received; and j EITHER 1.2 That the by-law attached to this Report (Attachment 1) be passed. I OR I 1.3 That staff be directed to, (a) provide notice to every member of the current Orono Business Improvement Area of Council's intention to repeal By-law 81-1, as amended by By-law 94-44, and By- law 89-50; and i (b) if no objections are received in response to such notice, report back to Council at its meeting on February 29, 2016 with recommendations to (i) repeal By-law 81-1, E as amended by By-law 94-44, and By-law 89-50; and (ii) continue the committees of the Orono BIA that were established to run the Orono Chili Cook-Off, Orono Santa Claus Parade and Orono Antique Festival as committees of Council. r ii 18-1 Municipality of Clarington Page 2 Report LGL-001-16 Report Overview Staff are recommending that Council either update the Orono Business Improvement Area By-law or recognize that this BIA is no longer necessary, in which case the members of the current Orono Business Improvement Area of Council's should be notified of Council's intention to repeal the by-laws that established the BIA. 2. Background 2.1 On September 21, 2015, Council passed the following Resolution (#C-247-15): That Report LGL-008-15 be received; That staff be directed to provide notice of the proposed by-law attached (Attachment 1) to Report LGL-008-15 to the current Board of Management of the Orono Business Improvement Area and to every member of the current Orono Business Improvement Area; and That staff report back to Council on any objections received after the time for filing such objections (60 days after the last day of mailing of the notices) has passed. 2.2 A copy of Report LGL-008-15 is attached to this Report (Attachment 2). 2.3 As directed, staff sent the required notices on September 22, 2015. There were no objections received. There were no comments of any kind provided to staff in response to the notice., 3. Discussion 3.1 In the opinion of staff, it is appropriate for Council to either update the Orono BIA by-law by passing the by-law attached to this Report as Attachment 1 or recognize that the Orono BIA is no longer necessary and repeal the by-laws that established and provided governance provisions for the BIA (By-law 81-1, as amended by By-law 94-44, and By-law 89-50). 3.2 It may be appropriate to discontinue the Orono BIA given the fact that for many years it has been difficult to find 7 members of the BIA willing to sit as directors of its board of management. Even when there have been 7 directors, it has been 18-2 Municipality of Clarington Report LGL-008-15 Page 3 difficult to arrange meetings at which there was a quorum (4 directors). At the present time, there are only 4 directors. 3.3 If Council repeals the by-laws, the BIA's annual levy (approximately $6,000) will no longer be applied and any funds remaining in the Orono BIA bank accounts and investments (if any) can be turned over to the Treasurer and used by Council for purposes consistent with the former BIA's purposes. 3.4 If Council repeals the by-laws, the committees that were established to run the Orono Chili Cook-Off, Orono Santa Claus Parade and Orono Antique Festival should be continued a committees of Council in order for the organizers of those events to be covered by the Municipality's insurance. In order to maintain their status as committees of Council, these committees will need to (a) forward minutes of their meetings to Council for information; (b) submit a budget to Council (if they are seeking funding); and (c) provide financial records to the Finance Department. These committees cannot incur debt and their assets (if any) become municipal assets. 3.5 Although it is not a legislative requirement, it is recommended that members of the current Orono Business Improvement Area be notified of Council's intention to repeal By-law 81-1, as amended by By-law 94-44, and By-law 89-50 before f Council actually passes the by-laws. E: 4. Concurrence r 4.1 This report has been reviewed by the Director of Finance who concurs with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that Council adopt the by-law attached to this Report (Attachment 1) or notify current BIA member of Council's intention to repeal the Orono BIA by-laws. i f i. i i i. r F k 18-3 Municipality of Clarington Report LGL-008-15 Page 4 6. Strategic Plan Application — not applicable ,f Submitted .by: / / Reviewed b Y Y Andrew L Allison, B. Comm, LL.B Franklin Wu, Municipal Solicitor Chief Administrative Officer Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net Attachments: Attachment 1 — Proposed Orono Business Improvement Area By-law Attachment 2 — Report LGL-008-15 (without attachment) 18-4 i Attachment 1 to Report LGL-001-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I EY-LAW 2016- A by-law respecting the Business Improvement Area of Orono WHEREAS in 1981 the Town of Newcastle designated an area in the Village of Orono Central Business District as an improvement area and established a board of management for such area in accordance with the predecessor to what is now section 204 of the Municipal Act, 2001; and WHEREAS Council wishes to reaffirm the boundaries of such improvement area and clarify and update the powers of its board of management. NOW THEREFORE Council enacts as follows: Interpretation 1. In this by-law, i "BIA" means the Orono Business Improvement Area described in section 4; "Clerk" means the Municipal Clerk; "Council" means the Council of the Municipality; "Director of Finance" means the Municipality's Director of Finance; "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25; and "Municipality" means The Corporation of the Municipality of Clarington. 2. In this by-law, unless otherwise specified, (a) reference to any Act or By-law is reference to that Act or By-law as it is amended or re-enacted from time to time; (b) references to sections are references to sections in this by-law; and (c) each section is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections. 3. This by-law shall be read with all changes in gender or number as the context j requires. i I 18=5 Orono BIA By-Law No. 2016- Page ( 2 Designation of Improvement Area 4. The following geographic area is designated as an improvement area within the meaning of subsection 204(1) of the Municipal Act, 2001: Main Street between Station Street and the junction of Mill and Main Streets; Park Street between Main and Church; Centreview Street between Main and Church; Church-Street between Park and Centreview in the former Village of Orono. 5. The improvement area described in section 4 and shown in Schedule "A" to this by-law shall be known and referred to as the "Orono Business Improvement Area". Membership 6. Members of the BIA consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the BIA that is in a prescribed business property class and tenants of such property. 7. In determining whether a person is a tenant or not, the Clerk may accept a list provided under clause 210(2)(b) of the Municipal Act, 2001 or the declaration of a person that the person is a tenant and the determination of the Clerk is final. Voting 8. Each member of the BIA has one vote regardless of the number of properties that the member may own or lease in the BIA. 9. A corporate member of the BIA may nominate in writing one individual to vote-on behalf of the corporation. 10. . Subject to section 8, one individual may be nominated for voting purposes by two or more corporations that are members of the BIA. Board of Management 11. A board of management for the BIA (the "Board") is hereby established for the purposes of, (a) overseeing the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the BIA beyond that provided at the expense of the Municipality generally; and (b) promoting the BIA as a business or shopping area. 12. The Board shall be composed of a total of 7 directors. One director shall be a member of Council appointed directly by the Municipality and the remaining 6 directors shall be selected by a vote of the membership of the.BIA and appointed 18-6 i I i Orono BIA By-Law No. 2016- Page ( 3 r by the Municipality. 13. The Municipality may refuse to appoint a person selected by the members of the BIA, in which case the Municipality may leave the position vacant or direct that a meeting of the members of the BIA be held to elect or select another candidate for the Municipality's consideration. 14. The term of the Board's directors shall be the same as the term of the Council that appointed them but continues until their successors are appointed. 15. Directors are eligible for reappointment. i 16. Subject to section 13, if a vacancy occurs for any cause, the Municipality may appoint a person to fill.the vacancy for the unexpired portion of the term and the appointed person is not required to be a.member of the BIA. f 17. The Board shall, as soon as possible after its members are appointed,.elect a chair, vice-chair, secretary, treasurer, and such other officers as it may deem necessary to properly conduct the business of the Board. The Board may determine the length of any such appointments. 18. Directors shall serve without remuneration. 19. The Board shall appoint one of its directors to serve as its representative on the Clarington Board of Trade. 20. The Board may establish such committees as it deems necessary to carry out Board responsibilities. Conflict of Interest E 21. Directors shall be governed by the Municipal Conflict of Interest Act, R.S.O. 1990, j c. M.50 which requires them to declare a conflict of interest if they or any member of their family has a pecuniary interest in a matter before the Board. The declaration of a conflict of interest and any subsequent action taken by the Board relating to matter in respect of which the declaration was made shall be recorded in the minutes of the meeting as required under Municipal Conflict of Interest Act. j 22. No director of the Board shall.have any contract with the Board or have any pecuniary interested direct or indirect in any contract work relating to the operations or functions of the Board. Board Meetings 23. The Board may fix the times and places for its meetings, establish the mode of calling and conducting its meetings, and make regulations governing the conduct i 18-7 sq3 Orono BIA By-Law No. 2016- Page 14 of its directors. 24. Board meetings shall be open to the public and no person shall be excluded from a Board meeting except for improper conduct or for reasons set out in subsection 239(2) of the Municipal Act, 2001. 25. Four directors of the Board shall constitute a quorum. Budget 26. The Board shall prepare a proposed budget for each calendar year by the date and in the form required by the Director of Finance and shall hold one or more meetings of BIA members to discuss the proposed budget. 27. The Board shall submit the budget to Council by the date and in the form required by the Director of Finance, and Council may approve it in whole or in part but may not add expenditures to it. 28. The Board shall submit to Council a detailed program of the improvement, beautification and maintenance proposed for each calendar year with its budget. 29. The Board shall include all requests for financial support in its proposed budget (section 26) and proposed program (section 28). Council shall not allocate funds to the BIA or its committees through the Municipality's grant or sponsorship policies. Reserve Funds 30. The Board may draw upon the any reserve funds received from any source provided the expenditure is included in a budget that has been approved by Council or approved by Council resolution. Notice 31. The Board shall give reasonable notice to the general membership of the BIA of any meeting at which there will be a vote to select directors (section 12) or discussion on a proposed budget (section 26). Funds 32. The Municipality shall annually raise the amount required for the purposes of the Board in accordance with section 208 of the Municipal Act, 2001. Limitations 33. The Board shall not, 18-8 Orono BIA By-Law No. 2016- Page 1 5 (a) spend any money unless it is included in the budget approved by the Municipality or in a reserve fund established under section 417 of the Municipal Act, 2001; (b) incur any indebtedness extending beyond the current year without the prior approval of the Municipality; or i (c) borrow money. Policies 34. In accordance with subsection 270(2) of the Municipal Act, 2001, the Board shall adopt and maintain procurement policies. The Municipality's Purchasing By-law No. 2015-022 may be used as adapted by the Board to the specific requirements of the Board. 35. If required, the Board shall adopt and maintain a policy respecting "its sale and other disposition of land" and "its hiring of employees" in accordance with subsection 270(2) of the Municipal Act, 2001. 36. The Board may establish such other policies, rules or.guidelines as it deems necessary to carry out its responsibilities, provided such policies, rules and guidelines are consistent with this by-law and the provisions of the Municipal Act, 2001. c Agreements i 37. The Board may enter into agreements for normal operating or administrative matters that are within budgetary limits and are consistent with the terms of this by-law. , i Annual Report I i 38. The Board shall submit its annual report for the preceding year to Council in the form required by the Director of Finance upon request. i Audit 39. Annually the Board shall submit its financial records to the Director of Finance in accordance with a schedule determined by the Director of Finance, generally to be on or about the first week of February. 40. The accounts and transactions of the Board shall be audited by the Municipal Auditor in the same manner as the accounts and transactions of the Municipality, and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Municipal Auditor for inspection at all times. F i 18-9 Orono BIA By-Law No. 2016- Page 16 Assets 41. A physical or tangible asset used, assigned, donated or acquired by the Board is the property of the Municipality. The Director of Finance shall be notified forthwith of any significant assets donated to the Board. Records 42. The Board shall adopt and maintain only banking arrangements and ordinary good accounting practices that are acceptable to the Director of Finance and keep such books of account and submit such statements from time to time as the Director of Finance may require. 43. The Board shall keep minutes of its meetings and all books, papers and documents used in and pertaining to the business of the Board. 'All such documents shall be collected, used and disclosed only in accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56. 44. The minutes of all Board meetings shall be forwarded to the Clerk within 10 business days following ratification by the Board. Insurance 45. As the Board is a board of Council, insurance protection is provided to the Board and its volunteers under the Municipality's Master Insurance Policy terms and conditions. The Board shall forward to the Director of Finance appropriate documentation of all claims or potential claims. The Board shall undertake all of its activities keeping in mind general risk management practices in order to prevent or minimize claims, injuries or damages, and shall work co-operatively with the Municipality's insurer in the investigation and defence of all claims. Repeal 46. By-law 81-1, as amended by By-law 94-44, and By-law 89-50 are repealed. Effective Date 47. This by-law shall come into effect on the date of its passage. 18-10 Orono BIA By-Law No. 2016- Page 7 Schedule 48. Schedule "A" is attached to and forms part of this by-law. By-law passed this 8th day of February, 2016. Adrian Foster, Mayor Anne Greentree, Municipal Clerk 18-11 Q 9 000 Legend i r I I ' �B•LA Area 13'oWndad145 - F"a�rce�sa�nlh��,� d e�affiQN CENTREVIEW STREET I LU Ali — — -f-I -- -- - PARK STREET d _ j . 1 it PI I 4 _ W - P _ i N Orono B'IA _ co T Attachment 2 to Report LGL-001-16 Legal Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. r Report To: General Government Committee Date of Meeting: September 8, 2015 i Report Number: LGL-008-15 GL,_ 0Q ct_ k r File Number: Department File #1_1000-31 By-law Number: Report Subject: Orono Business Improvement Area By-law E; Recommendations: C 1.1 That Report LGL-008-15 be received; 1..2 That, in accordance with subsection 21 0(l) of the Municipal Act, 2001, staff be directed to provide,notice of the proposed by-law attached (Attachment 1) to Report LGL-008-15 to the current Board of Management of the Orono Business Improvement Area and to every member of the current Orono Business Improvement Area; and 1.3 That staff report back to Council on any objections received after the time for filing such objections (60 days after the last day of mailing of the notices) has passed. j i F i' I I` F I I 18-13 Municipality of Clarington Page 2 Report LGL-008-15 Report Overview Staff are recommending that Council update the Orono Business Improvement Area By- law. 2. Background 2.1 In 1981 the Town of Newcastle designated an area in the Village of Orono Central Business District as an improvement area and established a board of management in accordance with the predecessor to what is now section 204 of the Municipal Act, 2001. 2.2 Other than two minor amendments in 1989 (to cap the budget at $20,000) and 1994 (to clarify the term of board appointments), the Orono Business Improvement Area By-law (No. 81-1) has not been amended or updated. 3. Discussion 3.1 In the opinion of staff, it is appropriate for Council to update the Orono BIA by-law by passing the by-law attached to this Report as Attachment 1. 3.2 As compared to the existing by-law (No. 81-1, as amended), there are no substantive changes proposed other than changes required to bring the by-law up-to-date in terms of current legislation (e.g. Municipal Act, 2009, Municipal Conflict of Interest Act and Municipal Freedom of Information and Protection of Personal Privacy Act) and current Municipal policies and practices (e.g. auditing, financial support and insurance coverage). 3.3 The proposed by-law reaffirms the boundaries of current BIA. 3.4 The wording in sections 6 through 11, 13 through 16, 26, 27, 31, 32 and 33 of the proposed by-law is taken directly from the Municipal Act, 2009. 3.5 The proposed by-law does not provide for associate members or honorary members because under the Municipal Act, 2001 they technically are not allowed. However, the BIA Board can provide for different membership-like privileges in any rules, policies or guidelines that it adopts provided they are consistent with the by-law and the provisions of the Municipal Act, 2001 (Le. voting rights). 18-14 Municipality of Clarington Report LGL-008-15 Page 3 3.6 Section 210 of the Municipal Act, 2001 requires that notice be given before the proposed by-law can be passed by Council. Subsection 210(1) reads, in part, as follows: Before passing a by-law under subsection 204 (1) ... notice of the proposed by-law shall be sent by prepaid mail to the board of management of the improvement area, if any, and to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class which is located, (a) where the improvement area already exists, in the improvement area ... 4. Concurrence 4.1 This report has been reviewed by the Director of Finance who concurs with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that staff be directed to provide-notice of the j proposed by-law and report back Council. 4 6. Strategic Plan Application - not applicable i i Submitted by: �' ' �� Reviewed by:( — Andre C. Allison, B. Comm, LL.B Franklin Wu, Municipal Solicitor Chief Administrative Officer i Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net Attachment: Attachment 1 — Proposed Orono Business improvement Area By-law r 18-15 i Unfinished Business i The following item was referred from the January 18, 2016 Council Meeting: Item 11 - Election Signs Resolution #C-014-16 . Moved by Councillor Neal, seconded by Councillor Cooke That the By-law attached to Report CLD-004-16, as Attachment 1 to regulate Election Signs, be approved with the following amendments: - 1. the displaying of election signs is prohibited within any visibility triangle; i 2. the sign size be consistent throughout the municipality regardless of the zoning on a property; 3. the sign height cannot exceed 1.22 metres; 4. the sign width cannot exceed 2.44 metres; i 5. the total sign height cannot exceed 1.5 metres (from grade to the top of the I sign structure); and i 6. the payment of the $250 deposit must be made before any election signs for the candidate are displayed; That By-law 2010-015, being an amendment to By-law 2009-123 be repealed; and That all interested parties listed in Report CLD-004-16 and any delegations be advised of Council's actions. Referred (See following motions) Resolution #C-015-16 Moved by Councillor Traill, seconded by Councillor Partner I That the foregoing Resolution #C-014-16 be amended such that the total ban on j election signs from all highways which are under the jurisdiction of the Municipality be struck. Referred (See following motion) Resolution #C-016-16 i Moved by Councillor Traill, seconded by Councillor Hooper I That the sign placement portion of Item 11 — Election Signs of the General Government Committee Report of January 4, 2016, be referred to staff for a report back to the next General Government Committee meeting. Carried i I 21-1 1 Clar*wa Memo Clerk's Department If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Mayor Foster and Members of Council From: June Gallagher, Deputy Clerk Date: January 22, 2016 Subject: General Government Committee Meeting Agenda —January 25, 2016 — Update File: C05.General Government Committee Meeting Please be advised of the following amendments to the General Government Committee agenda for the meeting to be held on Monday, January 25, 2016: 7 Delegations See attached Final Agenda - Attachment#1 i 14 Community Services Department— (Additional Information) Attachment#2 14.2 CSD-002-16 Sponsorship Request from the Community Living Oshawa/Clarington, VON Durham and Concerts in the Park Bowmanville Memorandum from Joseph Caruana, Director of Community Services regarding CSD-002-16 - Sponsorship Request from the Community Living Oshawa/Clarington, VON Durham and Concerts in the Park Bowmanville 21 Unfinished Business — (Additional Information) Attachment#3 21.1 CLD-004-16 Election Sign By-law— Sign Placement Portion Memorandum from Anne Greentree, Municipal Clerk regarding CLD-004-16 — Election Sign By-law— Sign Placement Portion une Gallagher eputy Clerk JEG/mc c: F. Wu, Chief Administrative Officer Department Heads ATTACHMENT #I TO UPDATE MEMO General Government Committee Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambersCa>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 Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 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. Copies of Reports are available at www.clarington.net i I I CralhWll General Government Committee Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers 1 Call to Order 2 New Business — Introduction 3 Adopt the Agenda 4 Disclosures of Pecuniary Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 Minutes of a Regular Meeting of January 4, 2016 6-1 7 Delegations 7.1 Sheila Hall, Executive Director, Clarington Board of Trade, Regarding an Economic Development Update 8 Communications - Receive for Information 8.1 Minutes of the Tyrone Community Centre dated September 16, October 8-1 21, November 18, and December 16, 2015 8.2 Minutes of the Kawartha Conservation Authority dated November 25, 2015 8-5 8.3 Minutes of the Regional Municipality of Durham, Energy from Waste — 8-9 Waste Management Advisory Committee dated November 17, 2015 8.4 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional 8-18 Municipality of Durham — Update and Feedback to the Province on Ontario's Proposed Cap and Trade Program Design Options 8.5 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional 8-39 Municipality of Durham — Proposal Regarding an Ontario Climate Resilience Fund 8.6 Brian McGee, Senior Vice President, Ontario Power Generation — 8-57 Pickering Nuclear— Letter to Canadian Nuclear Safety Commission Re: Pickering Nuclear Generating Station I Page 1 aarki4"n General Government Committee Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers 8.7 Kyle Fitzgerald, Chair, Durham Youth Council — GO Train Extension to 8-70 Bowmanville 9 Communications — Direction 9.1 Debi A. Wilcox, Regional Clerk/Director of Legislative Services, Regional 9-1 Municipality of Durham — Integrity Commissioner and Code of Conduct: Bill 8 — Public and MPP Accountability and Transparency Act, 2014 (Motion to advise the Region of Durham of actions taken in 2013; and that the Municipality of Clarington will not be participating with the Region of Durham in the Request for Proposal process for sending proposals for an Integrity Commissioner) 9.2 Carol Hall Regarding the Treatment of Animals at the Bowmanville Zoo 9-25 (Motion to refer the correspondence from Carol Hall, regarding the treatment of animals at the Bowmanville Zoo, to the Ontario Society for the Protection of Cruelty to Animals) 10 Presentations No Presentations 11 Engineering Services Department 11.1 EGD-003-16 Monthly Report on Building Permit Activity for October, 11-1 November, and December 2015 11.2 EGD-004-16 Port of Newcastle Subdivision Phase 2 West Stage 4, 11-7 Newcastle, Plan 40M-2375 'Certificate of Acceptance' and 'Assumption By-law', Final Works Including Roads and Other Related Works 11.3 EGD-005-16 Valiant Subdivision Phase 5, Bowmanville, Plan 40M-2363 11-12 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works I Page 2 CJajrifl9t011 General Government Committee Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers 11.4 EGD-006-16 Westvale Subdivision Phase 2, Courtice, Plan 40M-2353 11-18 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works 11.5 EGD-007-16 Headgate Subdivision, Courtice, Plan 40M-2452 `Certificate 11-23 of Acceptance' and 'Assumption By-law', Final Works Including Roads and Other Related Works 12 Operations Department No Reports 13 Emergency and Fire Services Department No Reports 14 Community Services Department 14.1 CSD-001-16 Newcastles of the World 14-1 14.2 CSD-002-16 Sponsorship Requests from the Community Living 14-16 Oshawa/Clarington, VON Durham and Concerts in the Park Bowmanville 15 Municipal Clerk's Department 15.1 CLD-007-16 Appointments to Energy From Waste —Waste 15-1 Management Advisory Committee 15.2 CLD-008-16 Municipal Ombudsman 15-12 15.3 CLD-009-16 Private Property Parking Enforcement 15-19 16 Corporate Services Department No Reports 17 Finance Department No Reports Page 3 Hungton General Government Committee Agenda Date: January 25, 2016 Time: 9:30 AM Place: Council Chambers 18 Solicitors Department 18.1 LGL-001-16 Orono Business Improvement Area By-law 18-1 19 Chief Administrative Office No Reports 20 New Business - Consideration 21 Unfinished Business 21.1 CLD-004-16 Election Sign By-law—Sign Placement Portion 21-1 [Referred from the January 18, 2016 Council meeting.] [Memorandum from Anne Greentree, Municipal Clerk, distributed under separate cover.] 22 Confidential Reports No Reports 23 Adjournment i Page 4 ATTACHMENT # TO UPDATE MEMO U4 ioma fon . M E M 0" TO: Mayor Foster Members of Council FROM: Joseph P, Caruana, Director Community Services Department DATE: January 22, 2016 ! i RE: CSD-002-16 Sponsorship Requests from the Community Living Oshawa 1 i Clarington, VON Durham and Concerts in the Park Bowmanville To assist with your deliberations regarding Report CSD-002-16 I am providing i additional information on the three applicants regarding grants and/or sponsorships received in 2015: 1. Community Living Oshawa / Clarington: $1,500.00 sponsorship 2. VON Durham Hospice: $0.00 I 3. Concerts in the Park (Bowmanville): $1,000.00 sponsorship I trust this will be of assistance. egard , Joseph P. Caruana /wg i Cc: Franklin Wu, CAO Sharon Meredith, Recreation Services Manager Erica Mittag, Community Development Coordinator i CORPORATION OF THE MUNICIPALITY OF CLARINCTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506 i i ATTACHMENT #-3- TO UPDATE MEMO Leruling the Way MEMO TO: Mayor Foster and Members of Council FROM: A. Greentree, Municipal Clerk DATE: January 22, 2016 RE: Election Sign By-law Response to Council's Request at January 18/16 Council Meeting Our File No.: C01.EL 1. Background At the January 18, 2016 Council Meeting, Council considered Report CLD-004-16 Election Signs. The Motions on the floor were as follows: Item 11 - Election Signs Resolution #C-014-16 Moved by Councillor Neal, seconded by Councillor Cooke i That the By-law attached to Report CLD-004-16, as Attachment 1 to regulate Election Signs, be approved with the following amendments: i 1. the displaying of election signs is prohibited within any visibility triangle; 2. the sign size be consistent throughout the municipality regardless of the zoning on a property; 3. the sign height cannot exceed 1.22 metres; 4. the sign width cannot exceed 2.44 metres; 5. the total sign height cannot exceed 1.5 metres (from grade to the top of the sign structure); and 6. the payment of the $250 deposit must be made before any election signs for the candidate are displayed; That By-law 2010-015, being an amendment to By-law 2009-123 be repealed; and That all interested parties listed in Report CLD-004-16 and any delegations be advised of Council's actions. Referred (See following motions) Resolution #C-015-16 Moved by Councillor Traill, seconded by Councillor Partner That the foregoing Resolution #C-014-16 be amended such that the total ban on election signs from all highways which are under the jurisdiction of the Municipality be struck. Referred (See following motion) Resolution #C-016-16 Moved by Councillor Traill, seconded by Councillor Hooper That the sign placement portion of Item 11 — Election Signs of the General Government Committee Report of January 4, 2016, be referred to staff for a report back to the next General Government Committee meeting. Carried During deliberation of the main and amending motions, Councillor Traill indicated she was looking for suggested wording which would effectively continue to permit election signs on boulevards where the placing of such sign would not directly impact an adjoining resident. 2. Analysis As conveyed in Report CLD-004-16, the proposed changes to implement a ban on election signs being placed on municipal property, including boulevards, would satisfy the need to ensure public safety, simplify enforcement, simplify the process for candidates, and control the proliferation of signs during the campaign period. In preparing this response to Council, I undertook further research of election sign by- laws within the GTA and beyond. It was not surprising that the majority of those municipalities that I researched prohibit election signs on public property, which includes boulevards. Municipality Placement Permission Ajax Only permitted on 8 Municipal Streets Barrie Not on public property Kawartha Lakes Permitted on boulevards — sign sizes determined by zoning of property Kingston Not on public property London 3m of roadway, but not between roadway and sidewalk. While not expressly prohibited, these provisions, effectively prevent a sign from beinginstalled on a boulevard. Milton Not on public property Mississauga Not on public propertyj i I Municipality Placement Permission Oshawa Note: Oshawa prohibits signs within 1 metre of the curb, 2 metres from the travelled portion where there is not curb, or within 2 metres from a sidewalk. While not expressly prohibited, these provisions, effectively prevent a sign from being installed on a boulevard. Peterborough Permitted on boulevards Pickering Not on ublic propert Thunderbay Not on public property Vaughan Not on public property Whitby Not on public property except a boulevard with consent from abutting property owner 3. Requested Amendment Wording Should Council wish to proceed with permitting signs on boulevards on highways within the jurisdiction of the Municipality of Clarington, in the manner suggest at the January 18th Council meeting, the following resolution would be appropriate. That the foregoing resolution be further amended as follows: 1. That the following definition be added: "boulevard" means all parts of a highway other than the roadway or shoulder." 2. That Section 10 be amended to read as follows: "No person shall display any election sign on any highway under the jurisdiction of the Municipality except as provided for in section 18. 3. That the following be inserted at the beginning of section 16: "Subject to section 18," 4. That the following clause be inserted immediately following Section 17 as Section 18: "18. Despite section 17, election signs may be displayed within the boulevard of any highway under the jurisdiction of the Municipality provided there is no building or structure on the property that is contiguous to the portion of the boulevard where the sign is displayed and provided further the sign, a) is a minimum of 1 metre back from the curb; b) is a minimum of 3 metres back form the edge of the travelled portion of the roadway; c) is not within a 500 metre radius of another sign for the same candidate; d) is not on any traffic median or traffic island; e) is not located in such a manner as to obstruct any sidewalk or walkway; f) does not exceed .8 metres in width; g) does not exceed 1.22 metres in total sign height; and h) is not otherwise prohibited by this By-law." i 4. Considerations The matter of election signs has been an on-going significant challenge for our enforcement officers as well as our candidates. Historically, under the current Election Sign By-law, the issue of measuring between sign placements (from travelled portion of the road and within site triangles) has proven to be most problematic. Enforcement officers tirelessly try to educate candidates and their volunteers on setbacks and restrictions. Often candidate signs are installed and maintained by enthusiastic volunteers who may or may not actually measure, or even understand the regulations. Candidates typically find it challenging because of the measuring of the 500 m separation and they cannot easily identify property lines. Should Council choose to implement the amendment as stated in Section 3 above, I fear that the historical challenges of enforcement will be exacerbated. To continue to permit signs on boulevards, I am concerned that candidate will be further confused and will be required to physically measure before installing a sign. As well, the newly proposed sign size provisions provided for a standard size which was larger (except signs on Regional Roads which are governed under the Regional Sign By-law), without causing any anticipated safety implications. Should signs be permitted on boulevards, as detailed in Section 3 above, the sign sizes for those signs displayed on Municipal highways should be reduced to be consistent with the size requirements set out in the Regional By-law. 6. Conclusion Staff have presented Council with a draft by-law, and subsequent suggested recommendations (as were moved by Councillor Neal in the main motion stated above) in an effort to ensure public safety, minimize the proliferation of signs, provide for clarity and simplicity for candidates, and to assist our enforcement officers to ensure fair and unbiased enforcement of Clarington's election sign by-law. While I respect the intent of the motion to continue to effectively permit signs on boulevards, I believe that this will further exacerbate the existing problems and confusion. A reentree, BA, CMO Municipal Clerk I i Handouts/Circulations General Government Committee Meeting Report to Council January 25, 2016 2016 and hitting the road running th Since we re-opened after the holidays January 4,  7 new members  8 new leads  6Corporate calls  7 new businesses have shared they will open by this spring  Roundtable discussions on Broadband solutions  Provincial Announcement to move forward with Darlington Refurb  Connection with Blackbird for 407 local procurement opportunities  Opportunity to participate in pre-budget consultation with Minister Sousa  AND….  Bidding farewell to Laura Knox; congratulations to her and Clarington Tourism and we look  forward to working closely on this file. Business Retention & Expansion Launching this February • BR+E Leadership Team: • Sharon McCartney, Orono • Masood & Helen Vatandoust, Newcastle • Laura Sciore, Bowmanville • Ron Hooper, Bowmanville • Peter Hobb, Courtice • Marsha Scott, Courtice • Faye Langmaid, Municipal Liaison • We have over 1 dozen volunteers in place to help • us with execution of surveys Over 400 businesses in our database for this • project Main Street Surveys to be completed this • summer, with reports and presentation to all BIAs, CIPs, etcexpected for early Fall 2016 Life Science in Clarington Energy Darlington Refurbishment has been given the go ahead by the Province….  Whowe see… Who we Don’t (logo’s on buildings)… (no logo’s on buildingyet) OPGCandu/SNC Lavalin CrossbyDewarAecon AZZ NuclearE.S.Fox WorleyParsonsAMEC Black & McDonaldUnited Rentals Ian Martin Lakeside Nuvia … And many others we are currently identifying Trends Many Local Manufacturers are looking to expand square footage  Increase in Professional services  Thank you! Upcoming CBOT Events! th Breakfast Buzz –January 28 th Simply Social Networking –February 4 rd Retail Bootcamp –February 23 rd CBOT Ladies Night –March 3 th Regional Chair Luncheon –March 10 rdnd 3Annual Agricultural Summit –March 22 st AGM & Business Awards –April 21 thrd 13Annual Golf Tournament –June 23 www.cbot.ca Clarington Board of Trade Don Rickard Report to Clarington Council: January 25, 2016 President Economic Development Lead Update Lawson Gay 24 New Leads Vice-President 9 Commercial/Retail Adrienne Windsor 2 Food Processing Past President 9 Manufacturing/Industrial/Distribution 2 Accomodations/Facilities Leslie Ray 2 Film Shoot leads Treasurer 31 Active follow up on previous leads Lindsay Coolidge 4 Closed files Secretary News: A sample of what is happening: Barb Malone  Petley Hare Ltd. is expanding into larger space in downtown Bowmanville Director at Large  Investors Group is opening an office in Bowmanville Barb Yezik  Staffing Agency, moving into Bowmanville by March Director at Large  Anderson Lyall Consulting Corp. moved from home based business to main street office Dale Gibbons space Director at Large  Millwork building on Baseline has sold for local business expansion  Impact Genentics Lab space expansion Martin Vroegh  New telecom company moved in from Whitby Director at Large  Financial Service company into Orono Mike Weatherbee  “All for the Woof” Dog Groomer in Orono Director at Large  “Da Taste Restaurant” opening in Newcastle Laura Sciore  “The Rustic Bake House” in Newcastle Director at Large  Etobicoke Freight company building in Courtice Steve DeBoer Pertaining to new business there have been over 25 openings of small business creating over Director at Large 140 jobs - with Retail & Professional Services representing 50% of these new jobs. Growth Greg Lewis within existing business has been notable with jobs created in the Energy, Life Science, Newcastle BIA Manufacturing, and Transportation business community representing over 145 new jobs. Existing energy related business reflects 18% of this new growth (this does not include Ontario Justin Barry Power Generation's labour force or Darlington Refurbishment workers). Bowmanville BIA Yvonne Maitland Recruited 3 new doctors (1 Newcastle and 2 Bowmanville) total for 2015 – 3; 20 doctors since Orono BIA 2006. Curry Clifford Municipal Advisor Business Support 1.Contractor and Vendor Fairs allow our business community to connect with larger projects by meeting with major contractors and sub-contractors 2.Worked with Clarington purchasing on new low value bids project to engage local business and provide opportunity for small business 3.Through robust corporate calling program we are able to identify opportunities and tailor support. 54 King St. East, Unit 102, Bowmanville, ON L1C 1N3 • (905) 623-3106 • info@cbot.ca • www.cbot.ca 4.Working with Contitech (formerly Goodyear) on closing and re-placement for workforce for shutdown. Partnering with Community Employment Centre and EMC. Outreach 1.Continued outreach to high schools and partnered for a manufacturers tour for students to see first hand what employment looks like in Clarington. 2.Clarington Agri – News Update 3.CBOT Reflect on Business Newsletter 4.Feature message in the Inaugural Toronto Real Estate Board Annual Report 5.Eastern Ontario Local Food Conference 6.Healthforce Ontario Recruitment Forum 7.Preparing for 2016 Canadian Nuclear Association Conference th 8.Hosted 8 Annual Energy Summit approximately 135 attendees 9.Ad in ReNew Magazine 10.2 page editorial ½ page ad in Canadian Design and Construction Magazine (November) Special Projects 1.Attended Realtor Connect – promotion to real estate community 2.BR+E – ready to launch in February. Leadership team is in place, volunteers organized, and data bases complete with over 400 businesses. 3.Continue to provide resources and input on the GO Train Extension to Clarington. 4.Developing structure for our business plan for 2017 to 2021 5.Supporting initiatives related to the Clarington’s Strategic Plan 6.Working with key stakeholders across the Region to explore solutions for Broadband. 7.Working with Durham Workforce Authority to look at labour force solutions 8.Data Collection Training through OMAFRA – Analyst Program – we currently have a temporary license. 9.Visit to City of Hamilton to explore their development services model Connecting Business 1.Agriculture Familiarization Tour 2.Going Global Exporting Workshop 3.Contractor Breakfasts for Port Granby Project (November 17 and 18) 4.Connected to Blackbird 407 Team to explore local opportunities matching needs to local business 5.Life Science roundtable in November Membership: 1.Since September 27, 2015 CBOT has welcomed 27 new members Hosted Events since September 2015 2.Hosted 10 events since September with a collective 445 attendees 54 King St. East, Unit 102, Bowmanville, ON L1C 1N3 • (905) 623-3106 • info@cbot.ca • www.cbot.ca