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HomeMy WebLinkAboutGG Report 2016-01-04 General Government Committee Report to Council Report to Council Meeting of January 18, 2016 Subject: General Government Committee Meeting of Monday, January 4, 2016 Recommendations : 1. Receive for Information (a) 8.1 Minutes of the Kawartha Conservation Authority dated October 28, 2015 (b) 8.2 Minutes of the Newcastle Community Hall Board dated October 20, 2015 (c) 8.3 Gun Koleoglu, Our Horizon – Climate Change Warning Labels on Gas Pumps (d) 9.7 Councillor Don Kett, Township of Scugog, Director, Kawartha Region Conservation Authority – Greenbelt Municipalities (e) CLD-003-16 2015 Accessibility Annual Status Update (f) Confidential E-Agenda Software Project Report - CLD-005-16 2. H.S. Hughes, Mayor, Township of Oro Medonte – Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) That the following Township of Oro-Medonte resolution, regarding 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; Page 1 General Government Committee Report to Council 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 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; 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. Page 2 General Government Committee Report to Council 3. Kim Coates, Interim Municipal Clerk, Township of Scugog – New Business/General Information: High Speed Internet 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. 4. Jason Hagan, LAS Program Manager, Association of Municipalities of Ontario – One Investment Program 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; Page 3 General Government Committee Report to Council 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. Page 4 General Government Committee Report to Council 5. Bond Springfield Subdivision Phase 4, Courtice, Plan 40M-2474 ‘Certificate of Acceptance’ and ‘Assumption By-law’, Final Works Including Roads and Other Related Works 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. 6. Orono Parking Study Update 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. 7. Cemetery By-Law Amendment That Report OPD-001-16 be received; and That the draft amending By-law (Attachment #1 to Report OPD-001-16), be approved. Page 5 General Government Committee Report to Council 8. Emerald Ash Borer Update 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; 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. 9. Snow Removal By-law Amendment 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. Page 6 General Government Committee Report to Council 10. Feral Cat Trap Neuter Return 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. 11. Election Signs 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 with the following amendment: That Section 16(d) of the proposed By-law, be deleted. 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. 12. John Howard Society – Lease Extension- 132 Church Street, Bowmanville Community Living Oshawa/Clarington – Lease Extension- 132 Church Street, Bowmanville 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; Page 7 General Government Committee Report to Council 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. 13. Well Interference on the West Side of Regional Road 57 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. Page 8