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HomeMy WebLinkAbout2020-01-06 - GG Report to Council - GGR-001-20 Committee Report to Council If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Report Number: GGR-001-20 Date of Meeting: January 20, 2020 Report Subject: General Government Committee Meeting of January 6, 2020 Recommendations: 1. Receive for Information a. Item 9.1 - Minutes of the Newcastle Business Improvement Area dated November 14, 2019 b. Item 9.2 - Minutes of the Ganaraska Region Conservation Authority dated November 21, 2019 2. Update from the Clarington Board of Trade - 2019 Q3 KPI Report That the Unfinished Business Item 22.3, regarding Update from the Clarington Board of Trade - 2019 Q3 KPI Report, be received with thanks. 3. Becky Jamieson, Municipal Clerk, Township of Brock, Regarding Announcement by the Minister of Municipal Affairs and Housing Aligning Provincial and Municipal Fiscal Years That the following resolution from the Township of Brock, regarding an announcement by the Minister of Municipal Affairs and Housing Aligning Provincial and Municipal Fiscal Years, be endorsed by the Municipality of Clarington: Whereas currently the municipal fiscal year in Ontario begins on January 1, while the Provincial fiscal year begins on April 1; Whereas the Province has announced that they would like to align the provincial and municipal budget years; Whereas the Province will begin consultations on aligning the Provincial and Municipal fiscal year in 2020; Whereas aligning the municipal fiscal year with the Province's will involve significant staff time and resources for all municipalities in Ontario; Now therefore be it resolved that the Township of Brock Council requests that the Province ensure that their consultation and review of the alignment of the Municipality of Clarington Page 2 Report GGR-001-20 municipal and provincial fiscal years includes a review of the impact it will have to all municipalities in Ontario; Further, that appropriate funding to offset any costs associated with the change be made available to all municipalities in Ontario; and That the Municipal Clerk circulate a copy of this resolution to Minister of Municipal Affairs and Housing, M.P.P. Laurie Scott, AMCTO, AMO, MFOA, and all GTA municipalities. 4. Kevin Narraway, Manager of Legislative Service/Deputy Clerk, Town of Whitby, Regarding Gas Tax Funds That the following resolution from the Town of Whitby, regarding Gas Tax Funds, be endorsed by the Municipality of Clarington: Whereas Canada has responded to the climate change emergency through commitments to a zero carbon future; And Whereas there are global and national shifts in reducing greenhouse gas emissions from transportation by reducing reliance on fossil fuel powered vehicles; and, And Whereas the Gas Tax Funds, which are permanent and much valued sources of funding for municipal infrastructure priorities, derives funding from fossil-fuel taxation, the use of which will be reduced in the coming years as dependence on them decreases. Now therefore be it resolved: That the Council of the Town of Whitby requests the Federal Government and Provincial Government ensure that funding for municipalities through their Gas Tax Funds remains sustainable to facilitate effective service delivery and infrastructure maintenance by having the funds supplemented through means other than the taxation of gas and diesel; That the Federal Government and Provincial Government consider renaming their Gas Tax Funds to reflect more sustainable sources of funding; That the Federal Government and Provincial Government consider providing a set dollar amount or an increasing percentage of revenue to municipalities as the reliance on fossil fuels is reduced; and, That the Clerk be directed to circulate this resolution to the Region of Durham, Durham Region local municipalities, MPP Lorne Coe, MP Ryan Turnbull, AMO and FCM. Municipality of Clarington Page 3 Report GGR-001-20 5. Memo from Amy Burke, Acting Manager of Special Projects, Regarding Emerald Ash Borer Funding Assistance That the following resolution from the Clarington Agricultural Advisory Committee, regarding Emerald Ash Borer Funding Assistance, be endorsed by the Municipality of Clarington: Whereas the Municipality continues to address the devastating effect of Emerald Ash Borer (EAB) on public lands, at a significant cost, and is working on a long- term strategy to secure the resources necessary for the removal and replacement of EAB affected trees in rural roadside areas; And whereas farmers, as significant private landowners, are also heavily impacted by the spread of EAB across the naturalized areas of their properties; And whereas, despite there being programs and funds to support tree planting and replanting, there are no monies available to assist farmers with the removal of EAB affected trees; And whereas healthy woodlands contribute environmental, ecological, economic and health benefits to communities and Ontario’s agricultural system; Therefore, be it resolved that the Council of the Municipality of Clarington urges the Province of Ontario to renew its commitment to address the spread of invasive species through the provision of funding to Ontario farmers to assist with the cost of removing dead ash trees on private farmland; That a copy of this resolution be circulated to all Durham Region municipalities and the Region of Durham for endorsement; That a copy of this resolution be circulated to the Association of Municipalities of Ontario; and That a copy of this resolution be directed to Doug Ford, Premier of Ontario; the Honourable John Yakabuski, Minister of Natural Resources and Forestry; the Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs; Lindsey Park, MPP (Durham); and David Piccini, MPP (Northumberland- Peterborough South). 6. Myles Brandt, President & General Manager, Canadian Tire Motorsport Park, Regarding Flyby Approval Request That the Municipality of Clarington send letters of support for a flyby by Canadian Armed Forces aircraft as low as 500 feet, for the following events at Canadian Tire Motorsport Park for transit, practice and shows: Castrol Victoria Day SpeedFest - May 17, 2020, Mobil 1 SportsCar Grand Prix - July 5, 2020, Chevrolet Silverado 250 - September 6, 2020. Municipality of Clarington Page 4 Report GGR-001-20 7.Susan Cassel, City Clerk, City of Pickering, Regarding National School Bus Safety Week and Stop Arm Cameras That the following resolution from the City of Pickering, regarding National School Bus Safety Week and Stop Arm Cameras, be endorsed by the Municipality of Clarington: That Corr. 36-19, dated October 18, 2019, from Pierre Ranger, Chair, Let’s Remember Adam – Stop for the School Bus, be endorsed; and That this resolution be circulated to the Minister of Transportation, Minister of Education, Association of Municipalities of Ontario (AMO), Durham District School Board, Durham Catholic District School Board, Conseil Scolaire Viamonde, KPRDSB, Peterborough Victoria Northumberland and Clarington Catholic School Board, Conseil Scolaire Catholique MonAvenir, Durham Regional Police Service, the Region of Durham, and all Durham Region municipalities for their consideration 8.Amelia Humphries, City Clerk, City of Woodstock, Regarding Ban of Single- Use Plastic Handled Shopping Bags That Communication Item 10.6, Amelia Humphries, City Clerk, City of Woodstock, Regarding Ban of Single-Use Plastic Handled Shopping Bags, be received with thanks. 9.Betsy Puthon, Executive Assistant to Mayor Cam Guthrie, City of Guelph, Large Urban Mayors' Caucus of Ontario, Regarding Advocacy Funding Initiative That Council approve the $5000 contribution to LUMCO's advocacy initiative to be paid from the Rate Stabilization Reserve Fund. 10.Contracting Out of Snow Plow Routes That Report OPD-001-20 be received; That Council approve, as requested in the 2019 Capital Budget submission, the purchase of two additional single axle combination plow trucks that are to be 90% funded through development charges; and That staff be directed to issue a tender as soon as possible requiring that two pieces of equipment be provided on November 1, 2020; and add additional routes to the contract each year as existing combination snow plow trucks reach the end of their service life and are scheduled for replacement. 11.Automatic Aid Agreement – Oshawa Fire Services – Highway 401 Update That Report ESD-001-20 be received; That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with Oshawa Fire Services, Attachment 1 to Report ESD-001-20; and Municipality of Clarington Page 5 Report GGR-001-20 That all interested parties listed in Report ESD-001-20, and any delegations be advised of Council’s decision. 12. 2019 Community Event Sponsorship Request – Fall Intake Missed Application That Report CSD-001-20 be received; That the Sponsorship Application #S20-07, from Doors Open Clarington, be approved in the amount of $2000.00; and That the interested parties listed in Report CSD-001-20, and any delegations be advised of Council’s decision. 13. Fireworks By-law 2015-047 That Report CLD-001-20 be received; That the Municipal Law Enforcement Division, Emergency & Fire Services Department, and the Communications Division be directed to develop and implement an education campaign to raise awareness of the issues related to fireworks; and That all interested parties listed in Report CLD-001-20 and any delegations be advised of Council’s decision. 14. Temporary Borrowing By-law for 2020 That Report FND-001-20 be received; and That the By-law attached to Report FND-001-20 as Attachment 1, be approved. 15. Deep Retrofit Program Funding Whereas the Municipality of Clarington strives to sustain our environment for future generations and to foster a heathy community that nurtures the wellbeing of residents to provide a high quality of life indefinitely; Whereas the Municipality of Clarington recognizes that it has a role in reducing the local and global environmental damages associated with the production, transportation and use of energy; Whereas the Municipality of Clarington recognizes the need to reduce the greenhouse gas emissions that are contributing to climate change to minimize the likelihood of catastrophic climate change and the damaging impacts that it will have on humans and the environment; Whereas the Municipality of Clarington is taking action to implement climate change mitigation and adaptation actions that are within our control through energy conservation and demand management planning and the development of the Clarington Climate Action Plan; Municipality of Clarington Page 6 Report GGR-001-20 Whereas the Municipality of Clarington recognizes the need for energy expenses to be minimized to minimize the financial burden on residents, businesses and the municipality; and Whereas the Municipality of Clarington has collaborated on the development of the Durham Community Energy Plan, which promotes deep energy retrofits as a key action to transition to a prosperous low carbon economy and ensure the wellbeing of our community and environment; Now therefore be it resolved that The Council of the Municipality of Clarington encourages the Provincial Government of Ontario and Federal Government of Canada to develop and financially support programing that helps residents, businesses and municipalities reduce their energy consumption and associated greenhouse gas emissions; That the Mayor, on behalf of Clarington Municipal Council, be directed to forward this resolution to the Right Honorable Justin Trudeau, Prime Minister of Canada, with the request that the Federal Government dedicate funding to develop and fund programs that assist residents, businesses and municipalities to undertake deep energy retrofits; That the Mayor, on behalf of Clarington Municipal Council, be directed to forward this resolution to the Honourable Doug Ford, Premier of Ontario, with the request that the Government of Ontario dedicate funding to develop and fund programs that assist residents, businesses and municipalities to undertake deep energy retrofits; That a copy of this resolution be forwarded to the Honourable Erin O’Toole, MP (Durham), Honourable Philip Lawrence MP (Northumberland-Peterborough South), Lindsey Park, MPP (Durham), David Piccini, MPP (Northumberland-Peterborough South); and That a copy of this resolution be forwarded to the Region of Durham. 16. Motion arising out of the Delegation from the Clarington Board of Trade (Considered earlier in the meeting – Item 2) That the Municipal Solicitor be directed to provide answers to the following questions, for the March 9, 2020 General Government Committee meeting. 1. Do the Municipality of Clarington and the Regional Municipality of Durham have the same jurisdictional powers? 2. Does the Municipality of Clarington have jurisdictional power under the Municipal Act to provide economic development services? 3. Does the Regional Municipality of Durham have the jurisdictional power under the Municipal Act to provide economic development services? 4. Does the Regional Municipality of Durham have the authority to delegate jurisdictional powers to the Municipality of Clarington? 5. Does the Municipality of Clarington have the authority to delegate the Regional Municipality of Durham’s jurisdictional power to provide economic development Municipality of Clarington Page 7 Report GGR-001-20 services as defined in section 1(1) of the Municipal Act to the Clarington Board of Trade? 6. Does the Municipality of Clarington have the authority to delegate to the Clarington Board of Trade its legislative and quasi-judicial powers regarding economic development services? 7. Does the Municipality of Clarington have the authority to delegate its legislative and quasi-judicial powers regarding economic development services indirectly, via an officer or employee of the Municipality of Clarington? 8. When the Municipality of Clarington originally passed a by-law contracting the Clarington Board of Trade to provide economic development services, did this action create a conflict between a by-law passed by a lower-tier municipality and a by-law passed by its upper tier municipality? If so, would section 13.1(1) of the Municipal Act render Clarington’s by-law inoperative to the extent that it frustrates an integral part of a system of its upper tier municipality (i.e. the provision of economic development services)? 9. Do any municipal, provincial or federal statutes regarding conflict of interest apply to members and to employees of the Clarington Board of Trade? 10. What mechanisms including accountability mechanisms and disciplinary mechanisms are in place currently to regulate employees and to regulate members of the Clarington Board of Trade? 11. Are the employees and members of the Clarington Board of Trade regulated by the Ontario Municipal Act Part V.1 with respect to code of conduct, duty of confidentiality, inquiries and investigations? 12. In the event it is confirmed that the Municipality of Clarington, a lower-tier Municipality, has violated the Municipal Act by contracting economic development services to the Clarington Board of Trade, Is there any legal liability attaching to the Municipality of Clarington regarding same, generally and specifically, with reference to third party actions brought against the Municipality (i.e. for interference with ? Are there any consequences for individual Councillors for allowing a continuance of the arrangement? 13. Would the current arrangement between the Clarington Board of Trade and the Municipality of Clarington violate the doctrine of “good faith” in the performance of contracts, as set forth in Bhasin and Hrynew? 14. In the event it is confirmed that the Municipality of Clarington and the Clarington Board of Trade’s current arrangement violates the Municipal Act, would the Durham Insurance Pool cover the costs of any third party legal action brought against the Municipality arising out of same? 15. If the contract with the Clarington Board of Trade is not rendered inoperative or invalid on the grounds of being ultra vires and/or void ab initio by virtue of the delegation of powers under the Municipal Act, and specifically, the delegation of economic development services, can Municipality of Clarington to terminate the current Clarington Board of Trade contract and enter into an agreement with the Region of Durham for the Region of Durham to provide economic development services for Clarington? Municipality of Clarington Page 8 Report GGR-001-20 16. Can the contract between Clarington and the Region of Durham to provide economic development services for Clarington include accountability measures, such as benchmarks and a quarterly report to Council on progress? 17. Is there a clause in the contract which we have signed with CBOT which restricts CBOT from conducting any political activities? 18. If yes to above, why does CBOT host an all candidates meeting every time we have an election? 19. Would it be considered a conflict of interest if a member of Council was a current board member of CBOT? What about a past President of the CBOT? That the CAO be directed to provide answers to the following questions, for the March 9, 2020 General Government Committee meeting. 1. Over the last ten years, how much has the individual taxpayer in Clarington paid to the Clarington Board of Trade? 2. What was the 2018 annual cost of these services (per taxpayer)? 3. What was the 2019 annual cost of these services? (per taxpayer) 4. What is the projected 2020 cost of these services? (per taxpayer) 5. Using the current financial modelling, what is the projected cost of the Clarington Board of Trade providing the Municipality of Clarington with economic development services over the next ten years? (per taxpayer and globally) 17. Street Naming Whereas the Price family has contributed significantly to Clarington, starting with James Sydney Price who received the British War Medal and the Victory Medal for his service in World War 1; Whereas the Price family has been farming in Bowmanville since 1931 and Price’s Country Market vegetable stand and farm has been a staple in east Bowmanville for the past 30 years; Whereas the Price family has donated vegetables, decorations, flowers and Christmas trees to Bowmanville churches, local schools, and donated pumpkins to the Bowmanville Veterinary Clinic for its fundraising for the Farley foundation which helps other-abled people with payment of veterinary bills the Bowmanville Museum the Bowmanville Legion, and sponsored Concerts in the Park; Whereas, with Phyllis Price having been a teacher in Clarington for thirty years, the Price family also provided school tours to local school children to teach young people about the importance of farming and growing local; Now therefore be it resolved that: 1. In recognition of the contributions of the Price family, Clarington waive its street- naming by-law to allow a new street to be named for Terry Price, with proximity to Price’s Market being the primary consideration when selecting a street; 2. The Price family be advised of Committee’s decision; and Municipality of Clarington Page 9 Report GGR-001-20 3. Recognition of Terry Price and his family’s contributions be made at the ratification of this Motion, if passed. 18. Skate Trail Whereas Clarington has over twenty-one kilometres of trails and is committed to promoting active and healthy living, and Whereas ice skating trails are currently one of the most popular winter activities in Ontario; and Whereas Clarington residents have expressed a strong support for an ice skating trail in Bowmanville; Now therefore be it resolved that: 1. Staff investigate and report back on building and operating a one kilometre looped ice skating trail similar to the trail located at Arrowhead Provincial Park in the north quadrant of the former Bowmanville Zoo property, i.e. north of the bridge over Soper Creek, with Staff considering funding options, including having the cost of annual trail construction, operation and maintenance to be paid or subsidized via skate trail / park user fee (i.e. $20 per vehicle); 2. Staff investigate and report back on alternate or additional future sites for ice skating trails, and potential skate trail connectivity; including: a. The Soper Creek floodplain east of Hobbs Drive (parking at Soper Creek Park and on south side of Highway 2 at Bowmanville Zoo, with easy access to bring in Zamboni); and b. The future Camp 30 site. 3. Staff report back on whether ice resurfacing equipment can be borrowed from existing facilities or if specialized equipment needs to be purchased (i.e. a Zamboni attachment for a tractor; water truck); and 4. Staff be invited to seek input from other Municipalities which operate ice skating trails; and 5. Staff report back to Committee by July, 2020 with recommendations for inclusion in the 2021 budget. 19. United Shorelines Ontario (USO) Clarington Rally That the information regarding the date and location of the United Shorelines Ontario (USO) Clarington rally, in protest of the International Joint Commission’s (IJC) Plan 2014, be referred to the Communications Division to be placed on Clarington’s website as well as preparation of a media advisory, when the information becomes available. Municipality of Clarington Page 10 Report GGR-001-20 20. Miscellaneous Catch Basin and Maintenance Hole Repairs That Report COD-023-19 be received; That Coco Paving Inc. having satisfactorily completed the initial one year term as approved in Resolution #C-047-19 (Attachment #1), with an annual bid in the amount of $133,032.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2018-33 be awarded the contract for a second one year term, as required by the Operations Department; That pending satisfactory performance and the Operations Department confirmation following an internal work assessment the Purchasing Manager, in consultation with the Director of Operations, be given the authority to extend the contract for this service for up to two additional one year terms; That the funds required for this project in the amount of $139,683.00 (Net HST Rebate) which includes the construction cost of $133,032.00 (Net HST Rebate) and contingency cost of $6,651.00 (Net HST Rebate) be funded by the Municipality as follows: Description Account Number Amount Catch Basin/Sewer Mntnc 100-36-380-10245-7163 77,000 Engineering Pavement Rehab 110-32-330-83212-7401 62,683 That all interested parties listed in Report COD-023-19, and any delegations be advised of Council’s decision. 21. Memo from Anne Greentree, Municipal Clerk, regarding Correspondence Item 10.1 and Item 3 of General Government Report Dated November 4, 2019- Report CLD‑023-19 Regarding Taxicab Drivers Licence Application – Appeal That Confidential Report CLD-023-19 be received; That the application for a taxi driver licence, submitted by Sandra MacDonald, be denied; and That all interested parties listed in Report CLD-023-19 and any delegations be advised of Council’s decision.