Chatham-Kent Council Minutes from Its Meeting Held on January 12, 2015

THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT

CHATHAM-KENT COUNCIL MEETING

COUNCIL CHAMBERS, CHATHAM-KENT CIVIC CENTRE

March 9, 2015 4:00 P.M.

1. CALL TO ORDER

The Mayor called the meeting to Order.

Present were: Mayor Randy Hope, Councillors Authier, Bondy, Canniff, Faas, Fluker, Herman, Leclair, B. McGregor, C. McGregor, Myers, Pinsonneault, Robertson, Sulman, Thompson, VanDamme, Vercouteren and Wesley.

Absent: None

2. DISCLOSURES OF PECUNIARY INTEREST (DIRECT OR INDIRECT) AND THE GENERAL NATURE THEREOF

3. SUPPLEMENTARY CLOSED SESSION AGENDA ITEMS

4. RECESS TO CLOSED SESSION

5. ADJOURNMENT OF CLOSED SESSION

6. APPROVAL OF SUPPLEMENTARY AGENDA

There was no Supplementary Agenda.

The Deputy Clerk noted that Item #13a – Chatham-Kent Renovates Pilot Program 2015-2016 has been postponed until the April 13, 2015 meeting.

7. DISCLOSURES OF PECUNIARY INTEREST (DIRECT OR INDIRECT) AND THE GENERAL NATURE THEREOF

Councillor Wesley declared a conflict of interest with regard to the Energy East Proposal that will be discussed during Non-Agenda Business as he works at Union Gas.

Councillor Canniff declared a conflict of interest with regard to the Energy East Proposal that will be discussed during Non-Agenda Business as he works at Union Gas.

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8. DEPUTATION

(a) Welcome to New Physicians and Update on Physician Recruitment by Fannie Vavoulis, Medical Recruiter and Education Coordinator, Chatham-Kent Health Alliance

Fannie Vavoulis, Medical Recruiter and Education Coordinator, Chatham-Kent Health Alliance, introduced and welcomed the following new physicians/residents to Chatham- Kent.

Dr. Imran Ibrahim – Dresden Family Health Team Dr. Muhammad Afzal – Wallaceburg Family Health Team Dr. Naveed Hasan – Wallaceburg Family Health Team Dr. Glen Providence – CKHA Hospitalist Dr. Briana Providence – Dresden Family Health Team Dr. Maqsood Ali – Pediatrician Dr. Sacha DeSouza – Pediatrician Dr. Cecil Liu – Emergency Medicine Dr. Taylor Johnson – Emergency Medicine, CHC Dr. Paul Ricketts – Resident Dr. Kristin McCulloch – Resident Dr. Aislinn Pearce - Resident

(b) Municipal Heritage Committee presents the 2014 Mayor’s Heritage Preservation Awards

John Taylor, Chair of the Municipal Heritage Committee presented the following recipients with 2014 Mayor’s Heritage Preservation Awards.

Robert & Marjoe Sellen – 83 Sherman Street, Thamesville Laurie & Brad Langford – 168 Llydican Extension, Chatham John & Camille Kerr – 505 Mariners Road, Erieau Peter & Ellen Jennen – 11775 Base Line, Community of Camden Steve & Rachel Ross – 11938 Base Line, Community of Camden James Bolos – 504 James Street, Wallaceburg

9. DEPUTATIONS - ITEMS ON CURRENT AGENDA (requests must be received by 3:00 p.m.)

There were no requests for deputations.

10. CONSENT AGENDA a) Information Reports

(i) Social Assistance Management System (SAMS)

(ii) Senior Advisory Committee (SAC) Status Update b) Routine Approvals

(i) Dedication By-laws

(ii) Noise By-law Exemption – Highway 401 Rehabilitation

Chatham-Kent Council at its meeting held on March 9, 2015 Page 2 of 41 c) Committee Reports

(i) Chatham-Kent Board of Health minutes from its meetings held on December 17, 2014 and January 21, 2015

(ii) Public Utilities Commission minutes from its meeting held on January 15, 2015

(iii) Chatham-Kent Public Library Board minutes from its meetings held on November 25, 2014, December 16, 2014, and January 27, 2015

(iv) Committee of Adjustment minutes from its meeting held on January 8, 2015

(v) Municipal Heritage Committee minutes from its meetings held on October 15, 2014, November 26, 2014, and January 21, 2015 d) Council Meeting Minutes

(i) Chatham-Kent Council minutes from its meeting held on January 12, 2015

(ii) Chatham-Kent Council minutes from its meeting held on January 19, 2015

(iii) Chatham-Kent Council minutes from its meeting held on February 9, 2015

Councillor Robertson requested that Item 10(a)(i) – Social Assistance Management System (SAMS) be placed aside for discussion.

Councillor Robertson moved, Councillor Vercouteren seconded:

“That the Items listed on the Consent Agenda be approved as presented and that action be taken as required, excluding those items placed aside.”

The Mayor put the Motion Motion Carried

10(a)(i) - Social Assistance Management System (SAMS)

Municipality of Chatham-Kent

Health and Family Services

Employment and Social Services

Information Report

To: Mayor and Members of Council

From: Valerie Colasanti, Director, Employment and Social Services

Date: February 20, 2015

Subject: Social Assistance Management System (SAMS)

This report is for the information of Council.

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Background

In January 2013, Council received a report noting that the Employment and Social Services Division was working with the Ministry of Community and Social Services to replace the current technology system, Service Delivery Model Technology (SDMT), with the Social Assistance Management System (SAMS). SDMT, introduced in 2001, no longer meets the needs of social assistance staff and recipients. The Social Services Solutions Modernization Project (SSSMP) was a multi-year project, led by the Ontario Ministry of Community and Social Services, to enhance the delivery of social assistance through technology and business renewal. The project is part of the Major Application Portfolio Strategy (MAPS), a broader government initiative to modernize technology for enhanced service delivery across the Public Service.

The Province promised that the new technology and business process renewal would result in:  Improved customer service through new online services and enhanced service tools  Streamlined business processes  Timely implementation of policy and program changes  Effective management of client data and other information to support service planning and delivery  Increased audit capacity and accountability

Staff engaged in significant training to prepare for the new technology. Two staff were identified as Trainers for the project, utilizing a train-the-trainer model. A project team of “Subject Matter Experts” was also put in place to assist with the transition. Training took place between June 2014 and November 2014, resulting in approximately 3000 staff training hours. However, the training environment was unstable, incomplete and did not provide a fulsome environment for staff training and preparation for implementation. A detailed site readiness plan was developed and the Division worked closely with the Ministry of Community and Social Services on a plan to provide strategies to assist in easing the workload pressures for staff leading up to the release of the new technology. Staff committed to maintaining current client service levels, and the expectation was that the changes would be transparent for social assistance recipients, service providers and the public.

The scheduled implementation of SAMS was delayed on two separate occasions, with a final implementation date of November 11, 2014.

Comments

As with any new technology program, “glitches” were expected, however extensive challenges have been experienced by municipalities province-wide in the transition to the new SAMS technology. Following are some examples of the issues that have been experienced while working within the SAMS technology;

 Payment amounts on cheques do not match the cheque register. Information on cheque stubs do not reflect the correct rationale for payment. Payments were deposited into incorrect bank accounts. Verification of payments continues to be addressed manually. Staff have extremely limited confidence in converted data.  Data entry for clients appears to be averaging two to three times longer to enter into SAMS as opposed to the previous system (SDMT). SAMS requires more key stroking and it is taking longer to complete most transactions. For example, previously it would have taken three mouse clicks to print an application but it now takes 37.

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 The Ministry reported on February 20, 2015 that accumulated to date (73 days), there have been a total of 20,879 tickets of which 10,699 have been resolved. That leaves a large number outstanding, and when the issues are resolved the fixes are not communicated to staff. Many of the fixes also do not resolve the issue resulting in multiple re-ticketing for problems that were indicated as resolved, adding to staff frustration levels.  From a Human Resource perspective, the system has resulted in tremendous demand on staff, both in time requirements for processing and difficulty in ensuring effective/compassionate client service. The issue of labour unrest within the Ministry only adds to the concerns regarding service delivery. We anticipate an increase in sick leave and utilization of the Employee Assistance Program (EAP) in the future as has been noted by some Consolidated Municipal Service Managers (CMSMs) and District Social Services Administration Boards (DSSABs).  Currently very little financial accountability features are active within the SAMS system. This has both long term and short term effects. Financial reconciliations for monthly, quarterly and annual requirements cannot be met as Cognos reports are currently unreliable. Year-end deadlines will be difficult to meet and a substantial number of estimates will be required. Actual subsidy claims are impossible to determine. Several audit risks evolved regarding accuracy and systems testing, which may result in more extensive audit measures.

Since the implementation of SAMS, Ontario Works case management duties have been realigned to focus on top client service priorities such as the completion of new applications, processing Income Reporting Statements and ensuring monthly payments are correct. Staff functions other than case management such as Employment Services, Eligibility Review and Family Support Workers have been redeployed to support the delivery of these most urgent service priorities. A long term consequence is that without these services, Ontario Works participants are not being supported in leaving the caseload through employment opportunities and other sustainable financial resources and the caseload has started to increase again.

Chatham-Kent staff have been actively communicating with the Province concerning SAMS and are working with other provincial associations such as the Ontario Municipal Social Services Association (OMSSA) to advocate for immediate improvements to the system. Chatham-Kent has staff representation on the OMSSA/Ministry of Community and Social Services Business Recovery Working Group as well as the Technical Working Group. The Association of Municipalities of Ontario (AMO) has been following the situation and has sent several communications to the Minister of Community and Social Services requesting the Ministry do the following:

1. Use all available means and resources to address the short and long-term implementation problems with SAMS 2. Reimburse municipalities and DSSABs for the additional on-going costs associated with SAMS until such time as the short and long-term implementation problems are resolved 3. Work with AMO, municipalities, DSSAB’s and the Ontario Municipal Social Service Association (OMSSA) to continue to identify the ongoing issues with SAMS implementation

We are optimistic that the Ministry will eventually improve SAMS to deliver the services as intended, but in the meantime staff continue to struggle with this product.

Consultation

The Program Manager and the Supervisor, Finance and System Support of Employment and Social Services were consulted on this report.

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Financial Implications

The Ministry of Community and Social Services was responsible for funding SAMS design fixes, hardware and overall implementation. The Ministry provided $85,400 one- time 100% Provincial dollars to cover the on-going implementation of the new system including staff overtime, additional training and EAP costs associated with the implementation. Presently costs are being monitored and a business case will be presented to the Province to cover any additional on-going costs of using SAMS.

The Ministry has stated many times that there is an expectation that Service Managers be partners in this new endeavor and that the full expenditures are not being born solely by the Ministry.

Prepared by: Reviewed by:

______Valerie Colasanti, (Hon) BA, CMM III April Rietdyk, RN, BScN, MHS, PhD PUBH Director, Employment and Social Services General Manager Health and Family Services

Councillor Robertson sought clarification on the problems and inefficiencies created through the implementation of the new SAMS system.

Councillor Robertson moved, Councillor Authier seconded:

“That Council direct Senior Administration to correspond with the Province to address the inefficiencies in the SAMS system related operational resources drain and financial accountability.”

The Mayor put the Motion

Councillor Vote Councillor Vote Authier yes Myers yes Bondy yes Pinsonneault yes Canniff yes Robertson yes Faas yes Sulman Not Present Fluker yes Thompson yes Herman yes VanDamme yes Leclair yes Vercouteren yes B. McGregor yes Wesley yes C. McGregor yes Mayor Hope yes

Yes Votes: 17 No Votes: 0 Motion Carried

Councillor Robertson moved, Councillor B. McGregor seconded:

“That the report be received for information.”

The Mayor put the Motion Motion Carried

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11. NOTICES OF MOTION a) Presentation of new Notices of Motion

Councillor Robertson presented a Notice of Motion regarding a Planning Department Service Review. The matter will be added to the March 23, 2015 agenda for discussion and voting.

Councillor Robertson presented a Notice of Motion regarding Ward Boundaries, Council reduction. The matter will be added to the April 20, 2015 agenda for discussion and voting.

Councillor VanDamme presented a Notice of Motion regarding the Donation of a Park in Duart. The matter will be added to the March 23, 2015 agenda for discussion and voting.

12. LEGISLATIVE SERVICES a) Donation Bins

Municipality Of Chatham-Kent

Legislative Services

Building and Enforcement Services

TO: Mayor and Members of Council

FROM: Paul Lacina Director, Building and Enforcement Services Chief Building Official

DATE: February 19, 2015

SUBJECT: Donation Bins ______

Recommendation

It is recommended that:

1. Administration not pass a by-law to license or regulate donation bins.

Background

At the March 3, 2014 Council meeting, Council approved the following motion: “That administration provides recommendations for a by-law regarding the use of clothing donations bins within Chatham-Kent. The recommendations will provide rules and regulations for new and existing bins related to location, size, visible, contact information, etc. That a recommended by-law be returned to Council by April 30, 2014.” Council and the CAO have received letters from Kevin Smith, Chief Executive Officer, Goodwill Industries – Essex Kent Lambton Inc. requesting consideration of a by-law “to help ensure the safety of residents/business owners, help to keep donor dollars in your community, and to also end this deceptive business practice.”

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Comments

The Director, Building and Enforcement Services and Manager of Licensing Services presented to the Executive Management Team on July 15, 2014. Administration recommended that we do not pass a specific by-law to license or regulate these donation bins.

Historically, donation bins have not been an issue other than the odd overflow issue. In these cases, the Property Standards By-Law Officer advises the property owner where the bins are located to clean up the articles. Additionally, the Zoning By-law regulates the location of bins.

Building Services has made site visits to a few locations where donation bins are unwanted by private property owners. Private property owners have the right to have the bins removed, as they do with any type of personal property installed or delivered unwanted on their private property. Administration does not recommend assuming any of the costs of having unwanted bins removed from private property. Donation bins are not permitted on municipal property and will be removed if placed there. Additionally donation bins are not permitted on residential properties, however are allowed on commercial, industrial and institutional properties.

It has been suggested that donation bins be clearly marked with the name of the charitable organization & charity number. A further suggestion has been the recent influx of donation bins is having a negative impact on the area businesses that rely on the donation of goods to their bins. Municipalities such as Brantford, Newmarket, Welland, Cobourg, Township of Scugog, and Markham passed by-laws along with licensing requirements and fees. Norfolk and Ottawa passed regulating by-laws only. Sarnia will be amending its Property Standards By-law to include donation bins. London and Windsor do not currently have a donation bin specific by-law.

Building Services has also made site visits to a few locations where the property owners have granted permission for donations bins to be located on their private property, but where other established charitable groups have challenged the new charity’s bins as employing “deceptive business practices”. In these instances, existing charities have argued that the clothing and other items donated are simply sold to “for-profit” companies. However, these new charity donation bins have valid charitable registration numbers listed on them. Additionally, charities in Canada are regulated by the federal government. Therefore, administration does not recommend getting involved in deciding which charities should be recipients of donations from members of the public. A bylaw permitting some charities to collect donations through donation bins would favour one charity over another.

It is administration’s recommendation that the Municipality does not get into the business of regulating what charities one may want to donate.

Since the Property Standards By-Law and the Zoning By-Law are presently in place and are regulating the location and cleanliness of the bins, administration does not see the need to create a new by-law that would further tax the already understaffed enforcement department.

Council Directions

The recommendation in this report supports the following Council Directions:

Jobs: Everyone in Chatham-Kent who wants to work is able to work in meaningful employment People:

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Chatham-Kent is a welcoming community where people choose to live, learn, work, and play Health: Chatham-Kent is a healthy, active, safe, accessible community within a healthy natural and built environment Financial Sustainability: The Corporation of the Municipality of Chatham-Kent is financially sustainable Has the potential to support all Council Directions Neutral issues (does not support negatively or positively)

Consultation

Manager, Licensing Services was consulted and received a copy of this report. EMT agrees that we will continue to deal with donation bins through the zoning and property standards by-laws.

Financial Implications

There are no financial implications resulting from the recommendation.

Prepared by: Reviewed by:

______Paul Lacina John Norton Director, Building & Enforcement Services Chief Legal Officer Chief Building Official Legislative Services

Councillor Vercouteren moved, Councillor Fluker seconded:

“That

1. Administration not pass a by-law to license or regulate donation bins.”

Councillor Wesley felt that the root of the problem with the donation bins was that the bins were not clearly marked with the name of the charity and the charitable organization number. Although the problem has subsided at the moment, there is nothing in place to prevent it from reoccurring.

In response to a question by Mayor Hope, the Chief Building Official explained that administration has not prepared a by-law for donation bins and would require time to prepare one if Council should wish to move in that direction.

Councillor C. McGregor sought clarification on the options available to regulate donation bins. The Chief Legal Officer explained that the two options available are a regulating by-law, or requiring donation bins to be licensed. A regulating by-law would require enforcement, and the onus would be on the property owner to have non-conforming bins removed from their property. Licensing the bins would require charities to pay a licensing fee for each bin so that it could be recorded and tracked. Administration does not recommend either of these options.

In response to a question by Councillor Herman, the Chief Building Official explained that the property standards by-law addresses the tidiness of the donation bins.

The Mayor put the Motion

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Councillor Vote Councillor Vote Authier No Myers No Bondy No Pinsonneault No Canniff Yes Robertson Yes Faas Yes Sulman Yes Fluker Yes Thompson Yes Herman No VanDamme Yes Leclair Yes Vercouteren Yes B. McGregor No Wesley No C. McGregor No Mayor Hope No

Yes Votes: 9 No Votes: 9 Motion Failed

Councillor Bondy moved, Councillor Herman seconded:

“That

1. Administration provide a by-law regarding the use of clothing donation bins within Chatham-Kent. The recommendations will provide rules and regulations for new and existing bins related to location, size, visible contact information including the charitable organization’s name and charitable number.

2. That a by-law be returned to Council by June 22, 2015.”

The Mayor put the Motion

Councillor Vote Councillor Vote Authier Yes Myers Yes Bondy Yes Pinsonneault Yes Canniff No Robertson No Faas No Sulman Yes Fluker No Thompson Yes Herman Yes VanDamme Yes Leclair No Vercouteren Yes B. McGregor Yes Wesley Yes C. McGregor Yes Mayor Hope Yes

Yes Votes: 13 No Votes: 5 Motion Carried

13. HEALTH AND FAMILY SERVICES a) Chatham-Kent Renovates Pilot Program 2015 – 2016

This item was postponed until the April 13, 2015 meeting.

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14. COMMUNITY DEVELOPMENT a) Recognition of Doug Melvin, Canadian Baseball Hall of Fame

Municipality of Chatham-Kent

Community Development

Community Services – Parks, Cemeteries and Horticulture

To: Mayor and Members of Council

From: Deborah Veccia, Supervisor Chatham Parks

Date: February 20, 2015

Subject: Recognition of Doug Melvin, Canadian Baseball Hall of Fame

Recommendations

It is recommended that:

1. The four Community of Chatham, Chatham-Kent Chamber of Commerce gateway signs, be updated to recognize Doug Melvin, Canadian Baseball Hall of Fame inductee.

2. The $2,500 cost to update these signs be funded from the 2015 Parks Lifecycle budget.

Background

At the July 16, 2012 Council meeting, a motion was made “whereas Chatham native Doug Melvin has been inducted into the Canadian Baseball Hall of Fame, that Council request a report to have signs erected in the appropriate locations to recognize Doug Melvin and other Chatham-Kent natives in the Canadian Baseball Hall of Fame.”

Chatham-Kent is the birthplace of another athlete inducted into the Canadian Baseball Hall of Fame - Fergie Jenkins. For his induction, recognition of Fergie Jenkins was included on the four existing Chatham gateway signs located at Grand Avenue, Park Avenue, St. Clair Street North, and Richmond Street West, all owned by the CK Chamber of Commerce. The gateway signs recognize local businesses and acknowledge Fergie Jenkins as Canadian Baseball Hall of Fame inductee (Attachment A).

Comments

Doug Melvin - Biography

Born in Chatham on August 8, 1952, Doug Melvin was active in sports from a young age, playing football, basketball and hockey at Chatham-Kent Secondary School where he was elected to the school’s Athletic Hall of Fame.

From 1972-1974, Doug pitched for the Pittsburgh Pirates and then the New York Yankees for the following four years. After retiring as a player, Melvin has had an extensive administrative career, starting with the Yankees from 1979-85, the Baltimore Orioles 1986-1996, the Texas Rangers’ General Manager 1996-2001, and the Milwaukee Brewers from 2002-present.

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During his 11 year tenure with the Brewers, Doug recorded 875 regular-season wins and two post-season berths, including a 2011 National League Central Division championship.

Highly decorated, Doug Melvin was named American League Executive of the Year in 1996 and Major League Executive of the Year in 1998 and in 2011, by Baseball America. He also earned the same recognition from The Sporting News in 1996 and 2011. A member of the Texas Baseball Hall of Fame (1997) and the Chatham, Ontario, Sports Hall of Fame (2000), Melvin’s most recent honour was his induction into the Canadian Baseball Hall of Fame on June 23, 2012.

Doug and his wife Ellen remain active in the Milwaukee community, making an annual commitment to the Susan G. Komen Foundation for Breast Cancer Awareness. In appreciation of the community support, they also donate $25,000 a year to select programs through the Brewers Community Foundation.

For a more detailed personal history see Attachment B - Doug Melvin Biography.

Recognition Criteria and Opportunities

To appropriately recognize Doug Melvin’s achievements, research was conducted by staff to discover how Chatham-Kent communities and surrounding areas recognize sports legends.

Research determined that local Chatham sports achievers, i.e. Doug Melvin, Fergie Jenkins, Doc Miller, (Canadian Baseball Hall of Fame), and Shae Lynn Bourne (Skate Canada Hall of Fame) inductees, have also been recognized through the community Sports Hall of Fame model.

The three community sports halls in Chatham-Kent: the Chatham Sports Hall of Fame, the Wallaceburg Sports Hall of Fame, and the Dresden Sports Hall of Fame developed criteria and subsequent award categories, e.g. male athlete, female athlete, sports legend, sports builder (someone who has built sports participation in their community), and team (achieved a high level at a competition).

It was also determined that most community sports halls acknowledge athletes through a dedicated website and/or a community facility that displays relevant memorabilia and are a locally driven, informal process.

As there is not a municipal signage strategy for recognizing sports legends, it is recommended that the CK Chamber of Commerce’s Chatham gateway signs be updated to include recognition of Doug Melvin’s induction into the Canadian Baseball Hall of Fame.

Next Steps:

The CK Chamber of Commerce has agreed with updating the gateway signs to include recognition of Doug Melvin as a Canadian Baseball Hall of Fame inductee. Placement of the Doug Melvin recognition panels on the four gateway signs would be determined by the CK Chamber of Commerce.

Council Directions

The recommendations in this report support the following Council Directions:

Jobs: Everyone in Chatham-Kent who wants to work is able to work in meaningful employment

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People: Chatham-Kent is a welcoming community where people choose to live, learn, work, and play

Health: Chatham-Kent is a healthy, active, safe, accessible community within a healthy natural and built environment

Financial Sustainability: The Corporation of the Municipality of Chatham-Kent is financially sustainable

Has the potential to support all Council Directions Neutral issues (does not support negatively or positively)

Consultation

The Chatham-Kent Chamber of Commerce was consulted and agreed to the proposed updating of the gateway signs to include Doug Melvin recognition panels.

The Chatham, Dresden and Wallaceburg Hall of Fame Committees were consulted on options for future partnership opportunities and the current processes to recognize local sports legends.

Financial Implications

The cost to update the four Chatham-Kent Chamber of Commerce gateway signs is $2,500.

The recognition panels’ fabrication would be funded by the 2015 Parks Lifecycle budget.

Prepared by: Reviewed by:

______Deborah Veccia, D.P.A. Jeff Bray, Manager Supervisor, Chatham Parks Parks, Cemeteries and Horticulture Parks, Cemeteries & Horticulture

Reviewed by: Reviewed by:

______Evelyn Bish, Director Bob Crawford, General Manager Community Services Community Development

Councillor Myers moved, Councillor Authier seconded:

“That

1. The four Community of Chatham, Chatham-Kent Chamber of Commerce gateway signs, be updated to recognize Doug Melvin, Canadian Baseball Hall of Fame inductee.

2. The $2,500 cost to update these signs be funded from the 2015 Parks Lifecycle budget. “

The Mayor put the Motion

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Councillor Vote Councillor Vote Authier Yes Myers Yes Bondy Yes Pinsonneault Yes Canniff Yes Robertson Yes Faas Yes Sulman Yes Fluker Yes Thompson Yes Herman Yes VanDamme Yes Leclair Yes Vercouteren Yes B. McGregor Yes Wesley Yes C. McGregor Yes Mayor Hope Yes

Yes Votes: 18 No Votes: 0 Motion Carried

b) Motion by Councillor Pinsonneault re Greenwood Cemetery

Councillor Pinsonneault moved, Councillor Wesley seconded:

“That Item #14(b) be postponed to the April 13, 2015 Council meeting.”

The Mayor put the Motion Motion Carried

15. CHIEF ADMINISTRATIVE OFFICE a) Community Partnership Fund – 2015 Funding Recommendations

Municipality Of Chatham-Kent

Chief Administrative Office

Partnership Development

To: Mayor and Members of Council

From: Amy Wilcox, CPA, CMA, PMP Community Development Analyst, Manager, PMO

Date: January 26, 2015

Subject: Community Partnership Fund – 2015 Funding Recommendations

Recommendations

It is recommended that:

1. 18 applications – as endorsed by the 2015 Community Partnership Fund (CPF) Review Committee - be approved under the CPF Community Projects component for a total of $139,251.35 in funding against gross project costs of $1,152,045.33.

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2. 9 applications – as endorsed by the 2015 CPF Review Committee – be approved under the CPF Festivals & Events component for a total of $34,225.00 in funding against gross project costs of $108,843.00.

Background

The Community Partnership Fund (CPF) was established by Council in 2000. It is a grant program which uses matching funding to promote community development projects within Chatham-Kent. The annual CPF program consists of two components – Mainstream (Community Projects) and Festivals & Events. Since its inception in 2000, the CPF program has leveraged $2,911,615.46 in municipal investment into $11,861,719.54 worth of community development projects (inclusive of the projects referred to in this report), and has encouraged widespread civic engagement and community improvement.

The 2015 round of the CPF had a total base budget amount of $175,000.00. The grant limit is $10,000.00 for Community Projects and $5,000.00 for Festivals & Events.

Comments

The 2015 round of the CPF opened October 6, 2014, with a widely advertised call for applications. The application deadline was set for December 5, 2014. By the expiry of that deadline 39 applications had been received, 21 under the Community Projects component and 18 under Festivals & Events. In total, the 27 recommended applications sought $173,476.35 in funding against gross project costs of $1,261,888.33.

On January 13 and 17, 2015, the Community Partnership Fund Review Committee (CPFRC) met to review and consider each application received. As a result of that review, 27 applications are recommended for funding (as set out in more detail below).

In conducting its review of the applications received and making the funding recommendations set out in this report, the CPFRC proceeded on the assumption that it had a total of $178,500.00 available for distribution. This sum is broken down as follows:

 $175,000.00 in base funding for the CPF

 $3,500.00 in Social Assistance Restructuring (SAR) funding, Community Projects (1)

Overall, $178,500.00 was available for distribution and the funding recommendations made in this report are based on those amounts.

The CPFRC recommends the 18 projects set out in Table 1 (below) for funding under the Community Project component (exclusive of SAR-funded projects), for a total of $139,251.35 in funding against gross project costs of $1,152,045.33.

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Project Budget Grant No. Name of Organization Project Name (Gross) Recommended

WARD 1

1. Branch 206 - Tilbury Legion Icemaker machine and cooler updates $6,014.61 $3,007.00 2015 Upgrade of exterior lights and replacement of 2. Merlin Parks & Recreation $7,327.20 $3,663.60

trees Rebuild outside / supporting wall in main club room 3. Merlin Senior Citizens Friendship Club $5,796.95 $2,850.00

area 4. Tilbury and District Horticultural Society Planters/baskets for Tilbury's new streetscape $16,080.00 $8,040.00 Ward 1: $35,218.76 $17,560.60 WARD 2 Blenheim-Kent Golden Eagles Gymnastic 5.

Club Pit module equipment for new building $23,974.08 $10,000.00

6. Royal Canadian Legion Branch Kitchen modernization upgrade $14,683.34 $7,300.00 Ward 2: $38,657.42 $17,300.00 WARD 3 Mary Webb Cultural and Community

7. Mary Webb Centre washroom upgrade $97,300.00 $10,000.00 Centre

8. Ridgetown Kiwanis Club Fdn. Ridgetown Kiwanis splash pad $150,000.00 $10,000.00

9. Thamesville Improvement Assoc. Thamesville splash pad $168,000.00 $10,000.00 Ward 3: $415,300.00 $30,000.00 WARD 4

10. Dresden Agricultural Society Washroom building upgrade $10,000.00 $5,000.00 Dresden Community Development Lambton-Kent community sports field improvement 11. $491,400.00 $10,000.00

Association project Ward 4: $501,400.00 $15,000.00 WARD 5 Wallaceburg Business Improvement

12. Downtown Wallaceburg park beautification $27,640.00 $10,000.00 Association

13. Wallaceburg Junior Lakers Wallaceburg Junior Lakers $47,000.00 $10,000.00 Ward 5: $74,640.00 $20,000.00 WARD 6

14. Chatham Sports Hall of Fame Showcasing our legacy $7,119.00 $3,560.00 DOLRA - Dog Off Leash Recreation Area John Waddell Dog Park - lighting project (Final 15. $9,661.50 $5,830.75

Committee Phase)

16. Chatham Minor Baseball Assoc. Fergie Jenkins field safety enhancements $20,000.00 $10,000.00 17. Veterans' Tribute Garden Assoc. Veterans' Tribute Garden - Phase 3 $20,048.65 $10,000.00 Ward 6: $56,829.15 $29,390.75 ALL WARDS 18. Chatham-Kent Quilters' Guild People of the Thames - Barn Quilt Trail $30,000.00 $10,000 ALL WARDS: $30,000.00 $10,000.00 TOTAL: $1,152,045.33 $139,251.35

Next, the CPFRC recommends the 9 projects set out in Table 2 (below) for funding under the Festivals & Events component, (exclusive of SAR-funded projects), for a total of $34,225.00, in funding against gross project costs of $108,843.00.

Project Budget Grant No. Name of Organization Project Name (Gross) Recommended

WARD 1

1. Royal Canadian Legion Branch 465 Merlin Family Fun Day $3,500.00 $1,500.00

2. Wheatley Two Creeks Association Two Creeks Summer Concerts $14,500.00 $4,000.00

3. Wheatley District Optimist Club Annual Wheatley Fish Festival $34,175.00 $5,000.00 Ward 1: $52,175.00 $10,500.00

Chatham-Kent Council at its meeting held on March 9, 2015 Page 16 of 41

WARD 2

4. Blenheim Classics Auto Show 5th Annual Blenheim Classic Auto show $7,000.00 $3,500.00

5. Glad Tidings Community Church Canada Day in the Park $14,500.00 $4,500.00 Ward 2: $21,500.00 $8,000.00 WARD 4

6. Dresden Sidestreets Youth Centre 12th Annual Community Street Dance $1,450.00 $725.00

7. Selkirk History Faire Selkirk History Faire $13,718.00 $5,000.00 Ward 4: $15,168.00 $5,725.00 WARD 5

8. Wallaceburg and District Council for the Arts Wallaceburg Canada Day $10,000.00 $5,000.00 Ward 5: $10,000.00 $5,000.00 ALL WARDS Chatham-Kent & Lambton Children's Water Chatham-Kent & Lambton Children's Water 9. $10,000.00 $5,000.00

Festival Festival ALL WARDS: $10,000.00 $5,000.00 TOTAL: $108,843.00 $34,225.00

Finally, as referred to above, $3,500.00 from the SAR fund was added to the funds available for distribution. The SAR is a provincially funded program that is administered by the Employment and Social Services department. This program is intended to assist low income families and children. One application, which meet both the CPF criteria and the SAR program parameters, are being funded from the SAR program, for a total of $3,500.00 in funding against gross project costs of $18,645.00 as set out in Table 3 below.

Table 3

CPF Project Funding Recommendation (SAR)

No. Name of Organization Name of Project Project Budget Grant (SAR) (Gross) Recommended SARS 1. Wheatley Area Minor Soccer Wheatley Soccer Fields Re-grade and Resurface $18,645.00 $3,500.00 SAR Total: $18,645.00 $3,500.00

Council Directions

The recommendation(s) in this report support the following Council Directions:

Jobs: Everyone in Chatham-Kent who wants to work is able to work in meaningful employment People: Chatham-Kent is a welcoming community where people choose to live, learn, work, and play Health: Chatham-Kent is a healthy, active, safe, accessible community within a healthy natural and built environment Financial Sustainability: The Corporation of the Municipality of Chatham-Kent is financially sustainable Has the potential to support all Council Directions Neutral issues (does not support negatively or positively)

Chatham-Kent Council at its meeting held on March 9, 2015 Page 17 of 41

Consultation

These recommendations were reviewed and are supported by the 2015 CPF Review Committee. The 2015 CPF Review Committee consists of the following members:

1. Community Development Analyst, Partnership Development, Chief Administrative Office (Chair) 2. Director, Employment & Social Services, Health and Family Services 3. Manager, Licensing Services, Legislative Services 4. Manager, Tourism, Community Development 5. Supervisor, Chatham Parks, Community Development 6. Supervisor, Recreation Facilities, Community Development 7. Drainage Superintendent, Infrastructure and Engineering Services 8. Financial Analyst I, Corporate Services 9. Coordinator, Strategic Planning, Chief Administrative Office 10. Communities In Bloom Coordinator, Community Development and Planning Services 11. Coordinator, Public Services, Community Development 12. Public Health Educator, Health and Family Services 13. Building Maintenance Coordinator, Infrastructure and Engineering Services 14. Curator, Cultural Centre, Community Development

Financial Implications

The financial implications of the recommendations made in this report are fully discussed in the comments section above.

Prepared by: Reviewed by:

______

Amy Wilcox, CPA, CMA, PMP Don Shropshire Community Development Analyst Chief Administrative Officer

Councillor Fluker moved, Councillor Pinsonneault seconded:

“That

The Mayor put the Motion

Councillor Vote Councillor Vote Authier Yes Myers Yes Bondy Yes Pinsonneault Yes Canniff Yes Robertson Yes Faas Yes Sulman Yes

Chatham-Kent Council at its meeting held on March 9, 2015 Page 18 of 41

Fluker Yes Thompson Yes Herman Yes VanDamme Yes Leclair Yes Vercouteren Yes B. McGregor Yes Wesley Yes C. McGregor Yes Mayor Hope Yes

Yes Votes: 18 No Votes: 0 Motion Carried

b) Strategic Priority Advisory Committee Annual Report 2014

Municipality of Chatham-Kent

Chief Administrative Office

Strategic Planning

To: Mayor and Members of Council

From: Deborah Furlan Coordinator, Strategic Planning

Date: January 27, 2015

Subject: Strategic Priority Advisory Committee Annual Report 2014

Recommendation

It is recommended that:

1. The Strategic Priority Advisory Committee Annual Report 2014 (Attachment 1) be received.

Background

This is the eighth year that the committee has produced an annual report to:

1. Communicate its accomplishments during the past year

2. Educate citizens and Council about its work on important issues

3. Recognize the volunteers who give freely of their time and energy for the betterment of the community

4. Serve as a historical record of the committee’s progress

Comments

This annual report documents the committee role, activities and accomplishments, a refocus of the committee and its key responsibilities. Thanks are extended to the committee volunteers for their hours of dedication to the community with respect to the strategic priority setting process.

Once Council has received the report, it will be available in PDF format on CK’s website linked here: Committee Volunteer Reports

Chatham-Kent Council at its meeting held on March 9, 2015 Page 19 of 41

Council Directions The recommendation in this report support the following Council Directions:

JOBS: Everyone in Chatham-Kent who wants to work is able to work in meaningful employment PEOPLE: Chatham-Kent is a welcoming community where people choose to live, learn, work, and play HEALTH: Chatham-Kent is a healthy, active, safe, accessible community within a healthy natural and built environment FINANCIAL SUSTAINABILITY: The Corporation of the Municipality of Chatham-Kent is financially sustainable Has the potential to support all Council Directions

Consultation

The Strategic Priority Advisory Committee members, staff support and Council appointees agree with the recommendation

Financial Implications

There are no financial implications resulting from the recommendation.

Prepared by: Reviewed by:

______Deborah Furlan Don Shropshire Coordinator, Strategic Planning Chief Administrative Officer

Councillor Faas moved, Councillor Robertson seconded:

“That the Strategic Priority Advisory Committee Annual Report 2014 (Attachment 1) be received.”

The Mayor put the Motion

Councillor Vote Councillor Vote Authier Yes Myers Yes Bondy Yes Pinsonneault Not Present Canniff Yes Robertson Yes Faas Yes Sulman Yes Fluker Yes Thompson Yes Herman Yes VanDamme Yes Leclair Yes Vercouteren Yes B. McGregor Yes Wesley Yes C. McGregor Yes Mayor Hope Yes

Yes Votes: 17 No Votes: 0 Motion Carried

c) Report on Attendance at Closed Session Meetings

Chatham-Kent Council at its meeting held on March 9, 2015 Page 20 of 41

Municipality of Chatham-Kent

Chief Administrative Office

Information Report

To: Mayor and Members of Council

From: Don Shropshire Chief Administrative Officer

Date: January 20, 2015

Subject: Report on Attendance at Closed Session Meetings

Background

This report is to provide information to Council regarding the following motion made by Councillor Carmen McGregor, Chair of Closed Session at the open Council meeting on January 19, 2015:

Motion - As the Closed Session Chair, I request that the CAO provide Council with a report that informs of the details of who, other than Council and the Clerk, attend a closed session meeting and why. And to include the repercussions of what would happen should a breach of confidentiality occur by either councillor or staff.

Comments

Who Attends Closed Session Meetings of Council

The Municipal Act requires that the Clerk be present during all meetings of Council, whether Closed or Open Session. An Acting or Deputy Clerk should only replace the Clerk when the Clerk is unavailable, (e.g., on vacation or otherwise unavailable). The Clerk has a statutory duty to be accountable to the public to ensure that meetings are being held in accordance with the Municipal Act and that the minutes reflect what was actually discussed and decided in the meeting.

The Clerk may be required to answer to an Investigator or Court in regard to what has occurred in Closed Session. Judy Smith is the Municipal Clerk. Two executive assistants have been delegated the Clerk’s duties of taking minutes in Closed Session. This does not mean that they can fulfil the full Clerk’s role in Closed Session, however, it does allow Council to ensure that the required statutory minutes are recorded when the Clerk is absent.

It is a matter for council to determine who, in addition to the Clerk, attend Closed Sessions of Council.

It is permissible, but it is not advisable, to hold a Closed Session meeting without having the Chief Administrative Officer present. Every employee in the Municipal Corporation is accountable to the CAO and the CAO is the only employee directly accountable to Council. Council may exclude the CAO and other members of the Executive Management Team (EMT) from any Closed Session meeting if desired, but the CAO and EMT should normally be present to provide information and context that will assist Council in their deliberations. Additionally, the role of CAO and EMT is to implement Council’s directions and they are better able to do so when they have been in attendance to understand the conversation and participate in the items discussed in closed session.

Chatham-Kent Council at its meeting held on March 9, 2015 Page 21 of 41

Nor is it advisable, to hold a Closed Session meeting without having the Chief Legal Officer (CLO) present. The CLO is responsible to advise the Council on whether the content of a meeting meets the Closed Session meeting requirements, which he reviews before the meeting but also reviews in the meeting as the meeting unfolds. In this regard, the CLO also provides direct legal advice in the meeting to the Closed Chair, CAO and the Municipal Clerk. In addition, matters often arise in Closed Session which requires legal advice to be provided to Council. Only a lawyer can keep his or her Closed Session communications to Council confidential from an Investigator or the Courts, if it was for the purpose of giving legal advice and receiving instructions. This is pursuant to the legal doctrine of solicitor-client privilege and should be taken into consideration by Council when discussing matters and receiving advice. Legal Officers must be licensed to practice law in Ontario and in good standing with the Law Society of Upper Canada.

The Executive Management Team (EMT) present.

EMT consists of: - Chief Administrative Officer - Chief Legal Officer - Chief Financial Officer - General Manager, Community Development - General Manager, Infrastructure and Engineering Services - General Manager, Health and Family Services - Director, Human Resources and Organizational Development - Fire Paramedic Chief, Fire and Emergency Services

These persons normally attend both Open and Closed Session Council meetings by virtue of their positions and job duties. As members of EMT these employees participate in discussions and contribute decisions impacting the entire corporation. Not all of these persons need to attend every meeting of Closed Session, depending on the topic of the meeting and their other commitments. The CAO will normally decide this question routinely.

EMT Extended Members consist of: - Police Chief - General Manager, Public Utilities Commission - President and CEO Entegrus Inc.

These persons and other employees only attend Closed Session when invited.

Council must surround itself with competent and reliable employees who can advise Council and be trusted with Closed Session confidences. Their presence at such meetings is an important support to Council and contributes to the effective execution of their respective roles.

If Council at any time loses confidence in the CAO, then Council should take steps to replace the CAO. If Council at any time loses confidence in a member of EMT and/or Clerk, then Council should direct the CAO to replace them. If there is breach of confidentiality then the mechanisms in place to deal with sub-standard performance ought to be the remedy, rather than excluding the Clerk and any or all members of EMT or their designates.

What is the consequence of breaches of confidentiality of Closed Session?

The Municipal Act, 2001, Section 233.4 allows Council to impose the following on members of Council who have breached the code of conduct for members of Council: a) A reprimand

Chatham-Kent Council at its meeting held on March 9, 2015 Page 22 of 41

b) Suspension of the remuneration paid the member in respect of his or her service as a member of Council or of the local board, as the case may be for up to 90 days.

In the past, prior Councils have instructed the CAO and/or CLO to conduct an investigation into possible breaches of Closed Session confidentiality by members of Council. Investigations could be conducted by an appointed independent investigator. Council also has the authority to appoint an independent Integrity Commissioner but should receive legal advice from the Chief Legal Officer in this regard before doing so.

What are the consequences if an employee breaches confidentiality?

Confidentiality is an inherent part of any municipal employee’s job. The expectation for confidentiality at the senior/executive level comes with higher expectation given the frequency and nature of information shared. There are various mechanisms in place that outline the importance of confidentiality and to compel employees to comply. Those mechanisms include: a) Excerpts of our Code of Conduct Policy hold all employees to a standard of confidentiality and specifically reference information shared in “in-camera deliberations”. All employees are trained on this policy as part of their on- boarding process. b) Performance appraisals include a section on “Integrity/Being Trustworthy” that employees are evaluated on annually. c) Senior employees, who have contracts, have specific language in their employment contracts that speak to the requirement of confidentiality both during and post their employment with us.

Violations of these expectations are articulated appropriately with disciplinary action being taken, up to and including dismissal. The precise consequence is determined based on the facts of each case but predominantly with respect to past performance and degree of severity of the breach at hand and is carried out by the General Manager/Supervisor once approved by the CAO.

Council Directions

The recommendations in this report support the following Council Directions:

Consultation

This report received input from the Clerk, the Chief Legal Officer, and the Director, Human Resources and Organizational Development

FINANCIAL IMPLICATIONS

Chatham-Kent Council at its meeting held on March 9, 2015 Page 23 of 41

There are no financial implications associated with this report.

Prepared by:

______Don Shropshire Chief Administrative Officer

Councillor Fluker moved, Councillor C. McGregor seconded:

“That the report be received for information.”

The Mayor put the motion Motion Carried

16. CORPORATE SERVICES a) Consumer Price Index and Purchasing Policy

Municipality of Chatham-Kent

Corporate Services

Financial Services

To: Mayor and Members of Council

From: Mike Turner, CPA, CMA Chief Financial Officer, Treasurer

Date: February 10, 2015

Subject: Consumer Price Index and Purchasing Policy

Recommendations

It is recommended that:

1. The following recommendations be incorporated into the Purchasing Policy and by-law:

Chatham-Kent Council at its meeting held on March 9, 2015 Page 24 of 41

contracts evaluated by an appropriate valuation method. Certain escalation clauses may be added to both methods. d) That incremental increases be capped at the national annual average change of Consumer Prices Index (CPI) for all items figure. On contracts that have separate escalation clauses, CPI measures must exclude those components for any pricing adjustments (i.e. fuel escalation).

Background

At the January 20, 2014 Council meeting, Councilor Robertson made the following motion:

“That the report (January 20, 2014) be referred to the next Committee of the Whole or subsequent Council meeting with more objective data and for the purpose of recommending a strategy for properly addressing CPI in short, midrange and long term contracts. Further that the report return to Council no more than 3 months from the date of this referral.”

This report will provide information to Council along with the recommendations to assist Council in making any decisions on this issue.

Information from Previous Report January 20, 2014

CPI Inflation Index

The most common practice on most multi-year contracts awarded by Canadian and US government agencies is to include an inflation index that increases the amount paid to the vendor over the life of the contract. There are literally hundreds of possible inflation indexes that could be used. The most common index attached to contracts is the national Consumer Price Index (CPI). Usually this is applied either annually at the date of the contract or January 1 of each subsequent year.

The use of CPI is not perfect as it includes retail items such as food, clothing, entertainment, fuel, utilities and other household purchases. It is an inaccurate measure of the inflation faced by municipalities as they face purchasing a bundle of goods very different from the average, mainly urban, consumer. Municipalities are service providers and municipal expenses are very labour, material and contract intensive. In fact, each division of the Municipality would face different cost pressures than the Municipality as a whole. The cost for food and utilities at Riverview Gardens will likely more accurately reflect CPI than the Recycling contract whose main components, once the trucks are purchased, are mainly wages and fuel. Changes to prices may also be much different in Chatham-Kent versus the national average changes. However, CPI is the most readily available, reputable, standardized and most accepted method of valuing increased costs over multiple years.

It is also for this reason that municipal budget increases often differ from CPI. The City of Edmonton has developed a Municipal Price Index (MPI) to measure inflation for municipal purchases1. The MPI reflects the mix of goods and services purchased by the City. They have found that historically the MPI has outpaced the CPI. From 2008 to 2011 the MPI was higher than CPI by 0.5% to 2.5%. In developing their long term sustainability plans for infrastructure they have estimated their MPI instead of using CPI as an index. In the US, American City and County has published a Municipal Cost Index (MCI) since 1978 that estimates the rate of inflation for purchases by American municipalities2. It is a composite index including consumer price fluctuations, industrial

1 Edmonton MPI link: http://www.edmonton.ca/business_economy/documents/City_of_Edmonton_MPI_2013.pdf

2 American City and County MCI link:

Chatham-Kent Council at its meeting held on March 9, 2015 Page 25 of 41 commodity wholesale prices, and construction contract cost.

Some of the other methods of issuing contracts are as follows:

Fixed Price

In a fixed price contract, a set amount is bid by the vendor that remains valid for the life of the contract. The risk of inflation and the reduction of purchasing power are transferred from the municipality to the vendor. The vendor is forced to estimate an inflation rate relative to their services and a risk factor to cover the uncertainty of future inflation and incorporate this into the price bid. The transfer of risk to the vendor will come at a cost to the municipality when dealing with sophisticated vendors. Theoretically, the municipality should only gain in this scenario when the vendor did not properly value the risk or in cases of quickly rising inflation where the vendor underestimated the inflation rate. As for budgeting purposes, the municipality would need large inflation increases in the budget at the end of the contract. For example, if inflation was 2% per year, the municipality would overpay in year 1 of the contract and underpay in the final year of the contract. Then when the contract was renewed there could be a significant jump in the required budget. This could be offset internally by the use of price stabilization reserves and steady budget increases for the service. However, this may be difficult to estimate and administer through the budget process.

For these reasons fixed price contracts for multiple year contracts are seldom used in large valued contracts in municipalities as the inflation risk premium can become substantial the longer the contract (transit, garbage, recycling, ambulance, winter control, grass cutting contracts range from 3 to 7 years).

Maximum Price

In a maximum price tender the Municipality requests a set price for each year of the contract. It is very similar in practice to the fixed price scenario as the vendor makes the same estimate of inflation and adds a risk factor as they again are taking all the risk of inflation rising higher than expected. The Municipality will know the exact amount payable to the contractor for each year of the contract. This removes the required budget jump at the end of the contract as the price does rise gradually. However the Municipality will still pay a risk premium in the contract as the inflation risk was transferred to the vendor.

If a maximum price model was adopted, the yearly bids would need to be standardized using an appropriate valuation method to fairly evaluate the bids.

Alternative Inflation Indexes

There may be some instances where national CPI does not accurately reflect the real cost of providing a service. CPI takes into account the pressures of rising prices on a large basket of goods. Many of the goods in this basket are relevant to a homeowner, but not so relevant to a municipal government contract. For that purpose often there are variations on which index is used.

A commonly used index is the construction index. This is more heavily weighted to the materials used in the construction field. However, since most municipal construction contracts are short lived, such as road projects, bridges or buildings, inflation is seldom relevant to these projects.

In the past some Chatham-Kent contracts have been awarded with Ontario CPI instead of the Canada wide CPI. This is not a recommended practice as the Ontario CPI is more variable than the national rate causing less predictability to the budget for the http://americancityandcounty.com/municipal-cost-index

Chatham-Kent Council at its meeting held on March 9, 2015 Page 26 of 41 service.

A more common practice in recent years is the use of a gas or diesel price escalation clause in the contract. The price of fuel is dictated in the tender documents asking vendors to bid on the contract knowing a predictable fuel cost within a specified range. If the price of fuel rises above or drops below the range anytime during the life of the contract, the vendors and the Municipality are insulated from these costs variations and the Municipality either pays for the increase or receives the benefit of a reduction. By doing this the risk of fuel price escalation is transferred from the vendor to the Municipality, allowing the contractor to make more competitive bids as the risk premium for uncertain fuel cost is removed. This is a standard and recommended practice for contracts that use a substantial amount of fuel such as garbage collection, recycling, ambulance and grass cutting. It is cautioned for divisions to not double up in providing both a CPI adjustment and a fuel escalation clause as fuel is already a component of CPI. If the fuel escalation clause is used, a specific CPI rate with fuel removed should be used to reflect only the other cost factors.

Similar to fuel escalation clauses is the fixing of asphalt cost in the road resurfacing contracts. While most costs are relatively stable in the short term the price of asphalt can vary considerably during the summer construction season. To obtain the most competitive bidding, public works tenders state the range of expected asphalt cost and pay cost deviations from that rate.

Recent Contract Experiences

On the recent Refuse and Recycling contract, we asked for a 7 year term with no CPI. We originally had 8 interested companies; we had 4 service bidders attend the mandatory bidder meeting, however only 1 bidder submitted a bid (BFI). With reduced responses, we lose competitive pricing. There is also a risk of a one-time increase at the end of the contract when a new contract comes into place. The increase in the first year of the new current contract was 7%.

On our long-term transit contract we received maximum pricing, which included incremental price increases bid for each year as an option and received 3 bids and we received cost avoidance above the total forecasted amount of the contract.

We have very few contracts in place that are longer than 5 years and these two were awarded last year.

We have approximately 25-30 additional multi-year contracts, which are split between 2 to 5 years in length. In many of the shorter term contracts we have already moved to fixed pricing. Our history indicates that on shorter term contracts, we can hold the line with a fixed price over the term, due to the minimal risk to the vendor. On longer term contracts, we have experienced that as the risk escalates so does our exposure on reduced bids and building in inflationary increases into the fixed price, which we pay at the start of the contract.

Conclusion

The use of CPI on long-term municipal contracts is not perfect and may never accurately reflect the true increase in costs to a vendor on site in Chatham-Kent. There have been several academic studies done on CPI and alternative measures of prices over the years but it is still regarded as the most accurate generally available estimate of cost. Allowing the option to use incremental increases in conjunction with specific escalation clauses (i.e. fuel) when warranted provides the best option to ensure the bidding on municipal contracts is as competitive as possible. If all incremental increases were eliminated from the tendering process on longer term contracts it is projected that the bids would increase more than CPI as the risk would be transferred to

Chatham-Kent Council at its meeting held on March 9, 2015 Page 27 of 41 the private sector. In other words, removing the option of evaluating bids with incremental increases from all municipal contracts would cost the Municipality more than paying CPI adjustments. By allowing multi-criteria pricing, we can evaluate this risk.

For consistency purposes we have recommended the CPI measure “national annual average change in CPI for all items”.

By allowing for escalation clauses, this protects both the supplier and the Municipality from large fluctuations in items such as the price of oil.

Administration is recommending that these recommendations be incorporated into the Purchasing Policy and By-law, which will be brought forward to Council in March or April of this year.

Council Directions

The recommendations in this report support the following Council Directions: Jobs: Everyone in Chatham-Kent who wants to work is able to work in meaningful employment People: Chatham-Kent is a welcoming community where people choose to live, learn, work, and play Health: Chatham-Kent is a healthy, active, safe, accessible community within a healthy natural and built environment Financial Sustainability: The Corporation of the Municipality of Chatham-Kent is financially sustainable Has the potential to support all Council Directions Neutral issues (does not support negatively or positively)

Consultation

Staff in several divisions were contacted to determine their opinion on the treatment of inflation in municipal tendering. The consensus of the managers responses indicated that any complete removal of incremental increase options from tenders on longer term contracts would likely result in even greater costs to the Municipality. It was also indicated that some vendors would be less likely to competitively bid on long term contracts and would either include a larger risk premium or request a shorter term contract.

The Purchasing Officer was also consulted.

Financial Implications

There are no financial implications as a result of the recommendations in this report.

Prepared by: Reviewed by:

______Mike Turner, CPA, CMA Gerry Wolting, B.Math, CPA, CA Chief Financial Officer/Treasurer General Manager, Corporate Services

Councillor Robertson moved, Councillor Faas seconded:

“That

Chatham-Kent Council at its meeting held on March 9, 2015 Page 28 of 41

1. The following recommendations be incorporated into the Purchasing Policy and by-law:

a) That all contracts, RFP’s and tenders 3 years or less be requested to be bid at a fixed price, with no increases or adjustments, whenever possible. Exceptions must be approved by the Chief Financial Officer. b) That contracts, RFP’s and tenders on a 3-5 year term be reviewed on an individual good or service basis on whether to include any escalation clauses (such as fuel variability, paper mill costs or good or service specific increases). c) That for contracts, RFP’s and tenders beyond 5 years, administration be allowed the option to select multiple criteria pricing, based upon fixed pricing and maximum pricing that would include incremental increases in the contracts evaluated by an appropriate valuation method. Certain escalation clauses may be added to both methods. d) That incremental increases be capped at the national annual average change of Consumer Prices Index (CPI) for all items figure. On contracts that have separate escalation clauses, CPI measures must exclude those components for any pricing adjustments (i.e. fuel escalation).”

The Mayor put the Motion

Yes Votes: 18 No Votes: 0 Motion Carried

b) Motion by Councillor Wesley re Report to Council on Financial Reserves

Councillor Wesley moved, Councillor Pinsonneault seconded:

“That

Whereas there are over 90 separate reserve accounts holding in excess of $100 million, and;

Whereas some reserves are mandatory and/or are a necessary part of prudent budgeting, and;

Whereas the majority of money in these reserves come from taxpayers of Chatham-Kent;

Chatham-Kent Council at its meeting held on March 9, 2015 Page 29 of 41

Therefore this Council requests that a report be prepared for Council and for use in the 2016 Budget process that shows:

1. The title and specific purpose of each reserve. 2. The amount and source of all funds going into and out of each reserve on an annual basis. 3. The expected balance for each reserve at the end of 2015 4. The short and long range plans for the use of each reserve.

Further that staff also, within the report, provide recommendations on whether all of the individual reserves are warranted and/or if consolidation or elimination of certain reserves should take place.”

The Mayor put the Motion

Yes Votes: 18 No Votes: 0 Motion Carried

17. INFRASTRUCTURE AND ENGINEERING SERVICES a) 2015 Building Lifecycle Projects

Municipality of Chatham-Kent

Infrastructure and Engineering Services

Drainage, Asset and Waste Management

To: Mayor and Members of Council

From: Tom Skodak, Manager, Municipal Assets

Date: February 23, 2015

Subject: 2015 Building Lifecycle Projects

Recommendation

It is recommended that:

1. The 2015 Building Lifecycle Projects valued at an estimated amount of $2,853,904 be approved.

Chatham-Kent Council at its meeting held on March 9, 2015 Page 30 of 41

Background

The Asset Management Division is responsible for 117 municipal buildings including Municipal Service Centre office buildings, Police, Fire and Emergency Medical Services (EMS) Stations, Libraries, Public Works Garages/Offices, Theatres, Museums and a number of buildings leased to various businesses.

Each year, Council approves base budget funding for lifecycle projects that address regular building lifecycle upkeep of mechanical and electrical systems, building envelope repairs and other exterior and interior improvements.

The Asset Management team, in consultation with representatives from all departments occupying the buildings, prioritizes the building lifecycle projects to be completed each year.

Lifecycle demands have increased due to a number of legislated requirements as well as an aging infrastructure. There is also a need to address security issues within municipally owned buildings. Legislated areas of concern for municipally owned buildings include:

 Fire Code  Building Code  Accessibility  Designated substances  Green Energy Act  Health and Safety

A master list of potential lifecycle projects was compiled from requests from various departments of the affected municipal buildings and priorities identified by the Asset Management division. Additional consideration was given to projects identified but not completed during previous years.

The projects were separated into those being recommended for completion in 2015 and those to be considered in future years.

The list of proposed 2015 Building Lifecycle Projects with an estimated cost of $2,853,904 is attached (Appendix A). The subsequent list of projects to be considered at a later date is also attached (Appendix B).

It is important to note that the 2015 list is subject to change as urgent repairs emerge which may shift priorities.

Comments

Administration is also continuing to investigate possible building divestitures through the co-location of municipal operations. This requires working with community representatives and groups where appropriate. As opportunities arise, location specific reports will be brought forward for Council’s approval.

Council Directions

The recommendation in this report supports the following Council Directions:

Jobs: Everyone in Chatham-Kent who wants to work is able to work in meaningful employment People:

Chatham-Kent Council at its meeting held on March 9, 2015 Page 31 of 41

Has the potential to support all Council Directions X Neutral issues (does not support negatively or positively)

Consultation

Representatives from the following departments were consulted and assisted the Asset Management team with prioritizing all identified issues into projects to be addressed in 2015 and the remaining projects to be addressed during future opportunities:

 Infrastructure and Engineering Services  Health and Family Services  Fire and Emergency Services  Police Services  Corporate Services  Community Development

Financial Services and Budget and Performance Services were also consulted.

Financial Implications

2015 Priority Project Cost

Estimated cost of priority projects for 2015 (Appendix A) $2,853,904

Funding Sources For 2015 Priority Projects

2015 Base Building Lifecycle Budget $1,244,064

Uncommitted Building Life Cycle Funds From Approved 2014 Budget 1,377,000

Transfer from Reserve (approved during budget deliberations) $750,000

Total Funding Sources $3,371,064

Remaining Funds For 2015 Unforeseen Building Emergencies $517,160

Prepared by: Reviewed by:

______Tom Skodak, P. Eng. Tim Dick, C.E.T. Manager, Municipal Assets Director, Asset Management Drainage, Asset and Waste Management

Chatham-Kent Council at its meeting held on March 9, 2015 Page 32 of 41

Reviewed by:

______Thomas Kelly, P. Eng., MBA General Manager Infrastructure and Engineering Services

Councillor Fluker moved, Councillor Authier seconded:

“That

1. The 2015 Building Lifecycle Projects valued at an estimated amount of $2,853,904 be approved.”

The Mayor put the Motion

Councillor Vote Councillor Vote Authier Yes Myers Yes Bondy Yes Pinsonneault Yes Canniff Yes Robertson Yes Faas Yes Sulman No Fluker Yes Thompson Yes Herman Yes VanDamme Yes Leclair Yes Vercouteren Yes B. McGregor Yes Wesley Yes C. McGregor Yes Mayor Hope Yes

Yes Votes: 17 No Votes: 1 Motion Carried

b) Ontario Community Infrastructure Fund Application – Based Funding Contribution Agreement OCIF AC-0059 Contribution Agreement, Rehabilitation of the Parry Bridge on Keil Drive over Thames River, Community of Chatham

Municipality of Chatham-Kent

Infrastructure and Engineering Services

Engineering and Transportation Division

To: Mayor and Members of Council

From: Nelson Cavacas, C.E.T. Manager, Infrastructure and Development Engineering

Date: February 18, 2015

Subject: Ontario Community Infrastructure Fund Application - Based Funding Contribution Agreement OCIF AC-0059 Contribution Agreement, Rehabilitation of the Parry Bridge on Keil Drive over Thames River, Community of Chatham

Chatham-Kent Council at its meeting held on March 9, 2015 Page 33 of 41

Recommendation

It is recommended that:

1. In order to adhere to (OCIF) Ontario Community Infrastructure Fund (Application- Based Component):

a) The Mayor and Treasurer be authorized to sign the necessary Contribution Agreement (CA) with the Ministry of Agriculture, Food and Rural Affairs for the OCIF – Application-Based Component Grant, OCIF AC-0059 – Rehabilitation of the Parry Bridge on Keil Drive over Thames River – Community of Chatham.

b) Engineering and Transportation Division be authorized to prepare and coordinate approvals for any necessary reporting forms and forward to the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) at the appropriate time.

Background

In August, 2012, The Government of Ontario released the first phase of a Municipal Infrastructure Strategy. The strategy requires municipalities to show how proposed projects fit within a comprehensive Asset Management Plan. The program is set up to support the most critical roads, bridges, and water and wastewater projects. The Asset Management Plan that was developed in 2013 for Chatham-Kent positions the Municipality to demonstrate that proposed projects are their top priorities and that the full range of local infrastructure financing tools have been explored.

Since the first phase of a Municipal Infrastructure Strategy the Province is planning more than $130 billion in infrastructure investments over the next ten years. These investments will help to strengthen communities across the province. As part of this ten- year commitment, Ontario is continuing its support for strong communities under the Municipal Infrastructure Strategy by launching:

 The Ontario Community Infrastructure Fund or the OCIF, which will provide $100 million per year to continue to support the revitalization and repair of roads, bridges and other critical infrastructure in small, rural and northern communities. The OCIF includes $50 million per year in application-based funding and another $50 million per year in stable, predictable formula-based funding.

Comments

On August 25, 2014, the Municipality of Chatham-Kent received notice regarding the eligibility to submit a single project under the OCIF – Application-Based Funding Grant Program. The program was set up to support the most critical roads, bridges, and water and wastewater projects. Only one single application per Municipality was accepted with funding up to 90% of project costs or $2 million whichever is lower.

The infrastructure funding program requires municipalities to show how proposed projects fit within a comprehensive Asset Management Plan. The Asset Management Plan that was developed for the Municipality of Chatham-Kent in 2013 positions the Municipality favourably to demonstrate that projects proposed are their top priorities and that the full range of local infrastructure financing tools have been explored.

Staff reviewed the numerous needs and consulted with other departments on potential projects. It was determined and approved by the Executive Management Team that the Rehabilitation of the Parry Bridge on Keil Drive over the Thames River in the

Chatham-Kent Council at its meeting held on March 9, 2015 Page 34 of 41

Community of Chatham was the project that was best suited for submission under the OCIF Application-Based grant.

Administration submitted the initial application for the first round of intake in accordance with the pre-screening requirement with the submission of the Expression of Interest form by September 19, 2014 date. Applications have a two stage process of approvals. The application was approved for the second round which builds on the first submission with additional more detailed project information. The second submission was submitted and approval notification for funding under the OCIF was received on February 17, 2015.

The project has been approved as application OCIF AC-0059 – Rehabilitation of the Parry Bridge on Keil Drive over Thames River – Community of Chatham for funding of up to a maximum of $2,000,000.

This report authorizes the execution of the necessary OCIF – Application-Based Funding Contribution Agreement as per the requirements under the OCIF grant program.

The signed executed agreement along with the Resolution of Council approval must be returned to OMAFRA and received by March 13, 2015.

The project is also required to be completed by December 31, 2016 as set out under the requirements under the OCIF grant program.

Council Directions

The recommendation in this report supports the following Council Directions:

Consultation

No consultations were held in relation to the preparation of this report as it simply permits execution of the necessary agreements associated with the Ontario Community Infrastructure Fund – Application-Based Funding Contribution Agreement, as administered by the Ministry of Agriculture, Food and Rural Affairs.

Financial Implications

As indicated by the Ministry of Agriculture, Food and Rural Affairs, upon execution of the contribution agreement, the Municipality of Chatham-Kent will receive an allocation of up to a maximum of $2,000,000 funding for the rehabilitation of the Parry Bridge on Keil Drive over the Thames River. Any additional funding above the $2,000,000 grant shall be funded from the Bridge Lifecycle Budget.

Chatham-Kent Council at its meeting held on March 9, 2015 Page 35 of 41

Prepared by: Reviewed by:

______Nelson Cavacas, C.E.T. Thomas Kelly, P.Eng. MBA Manager, General Manager Infrastructure and Development Engineering Infrastructure and Engineering Services Engineering and Transportation Division Infrastructure and Engineering Services

Councillor Myers moved, Councillor Bondy seconded:

“That

1. In order to adhere to (OCIF) Ontario Community Infrastructure Fund (Application-Based Component):

The Mayor put the Motion

Yes Votes: 18 No Votes: 0 Motion Carried

18. CLOSED SESSION REPORTS (electronic voting)

Council Closed Session Report Monday, March 9, 2015 4:08 p.m. to 5:51 p.m.

MEMBERS: Chair C.McGregor, Mayor Hope, Councillors Authier, Canniff, Faas, Fluker, Herman, Leclair, B.McGregor, Myers, Pinsonneault, Robertson, Thompson,

Chatham-Kent Council at its meeting held on March 9, 2015 Page 36 of 41

VanDamme, Vercouteren and Wesley.

Not in attendance: Councillors Bondy and Sulman.

Conflict of interest was declared by Councillor Leclair on the Wind Farm Development regarding land ownership.

Council directed administration on:

 The security of the property of the Municipality in regard to the Chatham-Kent Civic Centre and Provincial Offences Courthouse Section 239 (2)(a), Municipal Act, 2001.

 Advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in regard to a Wind Farm development in Chatham- Kent Section 239(2)(f), Municipal Act, 2001.

Note, the following item was added to the closed session agenda by a 2/3 vote:

Council received information on:

 Advice that is subject to solicitor-client privilege, including communications necessary for that purpose in regard to Greenwood Cemetery, Ridgetown Section 239(2)(f), Municipal Act, 2001.

Councillor C. McGregor moved, Councillor Herman seconded:

“That the March 9, 2015 Closed Session Report be received.”

The Mayor put the Motion

Councillor Vote Councillor Vote Authier Yes Myers Yes Bondy Yes Pinsonneault Yes Canniff Yes Robertson Yes Faas Yes Sulman Yes Fluker Yes Thompson Yes Herman Yes VanDamme Yes Leclair Abstain Vercouteren Yes B. McGregor Yes Wesley Yes C. McGregor Yes Mayor Hope Yes

Yes Votes: 17 No Votes: 0 Motion Carried

19. READING OF BY-LAWS

(a) FIRST READING

Councillor Vercouteren moved, Councillor B. McGregor seconded:

“That the By-laws be taken as read for the first time.”

The Mayor put the Motion

Chatham-Kent Council at its meeting held on March 9, 2015 Page 37 of 41

Motion Carried

(b) SECOND READING

Councillor Vercouteren moved, Councillor B. Mc Gregor seconded:

“That the By-laws be taken as read for the second time.”

The Mayor put the Motion Motion Carried

(d) RESUMPTION OF COUNCIL

(e) THIRD AND FINAL READING

i. By-law to establish certain user fees

ii. By-law to dedicate certain lands for Highway Purposes as part of Nazarene Road, Geographic Township of Harwich now in the Municipality of Chatham- Kent

iii. By-law to dedicate certain lands for Highway Purposes as part of Grande River Line, Geographic Township of Dover now in the Municipality of Chatham-Kent

iv. By-law to dedicate certain lands for Highway Purposes as part of Industrial Road, Community of Blenheim, now in the Municipality of Chatham-Kent

v. By-law to confirm proceedings of the Council of The Corporation of the Municipality of Chatham-Kent at its meeting held on the 9th day of March, 2015

Councillor Vercouteren moved, Councillor Faas seconded:

“That the by-laws be taken as read for a third time and finally passed.”

The Mayor put the Motion. Motion Carried

20. APPROVAL OF COMMUNICATION ITEMS

(a) Approval of the March 9, 2015 Council Information Package

1. Staff Reports and Information (a) Action items from the February 9, 2015 Council Meeting.

2. Correspondence From

Chatham-Kent Council at its meeting held on March 9, 2015 Page 38 of 41

(a) A communication from the Ontario Beekeepers Association dated January 30, 2015 re Municipality of Chatham-Kent briefing notes for ‘Proposal for Enhancing Pollinator Health and Reducing the Use of Neonicotinoid Pesticides in Ontario’. (b) Letter from Jeff Leal, Minister of Agriculture, Food and Rural Affairs dated February 6, 2015 re 2015 Premier’s Award for Agri-Food Innovation Excellence Program. (c) Letter from Dr. Eric Hoskins, Minister of Health and Long-Term Care dated February 13, 2015 re Funding – Expansion of Community Paramedicine Initiatives.

3. Routine Approvals Delegated to Administration (a) Legislative Services (i) Letter to Autism Ontario’s Raise the Flag Committee from Judy Smith, Manager, Municipal Governance dated February 5, 2015 re World Autism Awareness Day.

(b) Financial Services (i) Letter to Hime for Help from Gord Quinton, Director, Financial Services dated February 24, 2015 re Financial Request.

4. Resolutions (a) Resolution from City of Kingston dated February 2, 2015 re Preferential Balloting in Ontario Municipal Elections and granting election rights to those sixteen years old or older. (b) Resolution from the Town of Aurora dated February 24, 2015 re Bill 52, Protection of Public Participation Act, 2014.

5. Invitations (a) Invitation from Heather Jackson, Mayor of St. Thomas re Learning Symposium – Phragmites Australis - Thursday, April 2, 2015, Memorial Arena, St.Thomas.

Councillor Robertson moved, Councillor Authier seconded:

“That the March 9, 2015 Council Information Package be approved.”

The Mayor put the Motion Motion Carried

21. NON AGENDA BUSINESS

Councillor Pinsonneault sought clarification on the policy for boil water advisories. The General Manager of Health and Family Services explained that the current practice for boil water advisories is to conduct a door to door campaign in the affected area. Due to the extent and scope of the impact of the water main break that happened in Ridgetown, the PUC requested that a media release go out. There was a time delay between the door to door campaign and the media release going out. To address this, various departments are meeting to review their emergency response plans to ensure notice is provided to the public as effectively and as timely as possible.

Mayor Hope and all members of Council recognized Gerry Wolting, General Manager of Corporate Services for his years of service to the municipality and congratulated him on his upcoming retirement.

Mayor Hope referenced a resolution not to support the Energy East Proposal in its

Chatham-Kent Council at its meeting held on March 9, 2015 Page 39 of 41 current form. He requested that Council support this resolution.

Councillor Faas moved, Councillor Myers seconded:

“That the Municipality of Chatham-Kent urges the National Energy Board to guarantee that TransCanada Pipelines Ltd. (TCPL) and oil shippers maintain current gas supply and absorb all financial risk and costs of the Energy East Pipeline, and that this issue be resolved in advance of a final NEB decision on the project.

Further, TCPL should either build and pay for a new oil pipeline from North Bay to Cornwall or absorb all future costs associated with constructing new natural gas pipeline capacity to meet the current level of supply to guarantee there will be no future increased costs of natural gas to Ontario residential, commercial and industrial customers.

And finally, that the Municipality of Chatham-Kent circulate this resolution and the attached letter to the National Energy Board to the Association of Municipalities Ontario and other Ontario municipalities requesting their formal endorsement of this resolution.”

The Mayor put the Motion

Councillor Vote Councillor Vote Authier Yes Myers Yes Bondy Yes Pinsonneault Yes Canniff Conflict Robertson Yes Faas Yes Sulman Yes Fluker Yes Thompson Yes Herman Yes VanDamme Yes Leclair Not Present Vercouteren Yes B. McGregor Yes Wesley Conflict C. McGregor Yes Mayor Hope Yes

Yes Votes: 15 No Votes: 0 Motion Carried

22. RESOLUTION COUNCIL IN CLOSED SESSION & ADJOURNMENT Councillor C. McGregor moved, Councillor Robertson seconded:

“That Chatham-Kent Council adjourn to its next Meeting to be held on Monday, March 23, 2015 and that Chatham-Kent Council authorize itself to meet in closed session on that day to discuss any matters permitted by The Municipal Act.”

The Mayor put the Motion Motion Carried

The meeting adjourned at 7:45 p.m.

Chatham-Kent Council at its meeting held on March 9, 2015 Page 40 of 41

______MAYOR – Randy R. Hope

______DEPUTY CLERK – Meredith Cadotte

Chatham-Kent Council at its meeting held on March 9, 2015 Page 41 of 41