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HomeMy WebLinkAbout2016-01-04General Government Committee Minutes January 4, 2016 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. 2 New 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 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 Members of Council announced upcoming community events and matters of community interest. - 1 - General Government Committee Minutes January 4, 2016 6 Adoption of Minutes of Previous Meeting Resolution #GG-002-16 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 - General Government Committee Minutes January 4, 2016 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 be extended for an additional two minutes. Carried Ms. Barrett thanked Clarington Staff for their support and assistance. She continued by 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 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 - 3 - General Government Committee Minutes 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 - General Government Committee Minutes January 4, 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 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 - General Government Committee Minutes January 4, 2016 responding to requests and in simply issuing fee estimates for access to requested records; 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 - General Government Committee Minutes January 4, 2016 9.5 Kim Coates, Interim Municipal Clerk, Township of Scugog – New Business/General Information: High Speed Internet Resolution #GG-014-16 Moved by Councillor Woo, seconded by Councillor Cooke That the following Township of Scugog resolution, regarding high speed internet, be 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 Resolution #GG-015-16 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 - General Government Committee Minutes 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 - General Government Committee 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 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 - General Government Committee Minutes 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 - General Government Committee 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 the matter of the foregoing Resolution #GPA-022-16 a second time. 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. - 11 - General Government Committee Minutes 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 - General Government Committee 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 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 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; 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) Recess Resolution #GG-030-16 Moved by Councillor Neal, seconded by Councillor Cooke That the Committee recess for one hour. Carried The meeting reconvened at 1:04 PM with Mayor Foster in the Chair. - 13 - General Government Committee Minutes 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 - 14 - General Government Committee 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 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 Resolution #GG-036-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Report CLD-005-16 be received for information. Carried 16 Corporate Services Department 16.1 COD-001-16 Courtice Main Street Community Improvement Plan Resolution #GG-037-16 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 Dillon Consulting Limited, being the highest ranked proposal meeting all terms, conditions and specifications of the aforementioned Request for Proposal; and That the funds required in the amount of $59,245.38 (net HST Rebate) be drawn from the following account: - 15 - General 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 - General Government Committee Minutes 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. 20 New Business – Consideration 20.1 Well Interference on the West Side of Regional Road 57 Resolution #GG-040-16 Moved by Councillor Hooper, seconded by Councillor Neal 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 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 21 Unfinished Business 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 - GCladiwneneral Government Committee Minutes January 4, 2016 23 Adjournment Resolution #GG-041-16 Moved by Councillor Partner, seconded by Councillor Neal That the eting adjourn at 2:19 PM. Carried Maydr---/� Deputy Clerk - 18 -