Final
General Government Committee Agenda Date: February 13, 2017 Time: 9:30 AM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario
Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at mchambers@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net General Government Committee Agenda Date: February 13, 2017 Time: 9:30 AM Place: Council Chambers 1 Call to Order 2 New Business – Introduction 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting
6.1 January 23 Minutes of a Regular Meeting of January 23, 2017 Page 6 Minutes
6.2 January 27 Minutes of a Special Meeting of January 27, 2017 Page 16 Minutes
6.3 January 30 Minutes of a Special Meeting of January 30, 2017 Page 23 Minutes
7 Delegations
7.1 Pam Lancaster, Stewardship Technician, Ganaraska Region Conservation Authority, Regarding an Annual Update on the Ganaraska Region Conservation Authority Programs.
7.2 Niels Hodsman Regarding Durham MultiFaith World Religion Day in January 2018 8 Communications - Receive for Information
8.1 Newcastle Minutes of the Newcastle Village Community Hall Board Page 39 Hall Board dated January 19, 2016, February 16, 2016, June 21, 2016, Minutes July 21, 2016, September 27, 2016 and November 15, 2016
8.2 CLOCA Minutes of the Central Lake Ontario Conservation Authority Page 59 Minutes dated January 17, 2017 [PowerPoint presentation is available in the Municipal Clerk’s Department]
Page 2 General Government Committee Agenda Date: February 13, 2017 Time: 9:30 AM Place: Council Chambers
8.3 Durham Kyle Fitzgerald and Tenzin Shomar, Durham Youth Council Page 66 Youth – Clarington Transportation Master Plan – Letter of Council Appreciation
8.4 West Beach Gary Cole, West Beach Association – Annual Progress Page 67 Association Report
9 Communications – Direction
9.1 RED Program Jeff Leal, Minister of Agriculture, Food and Rural Affairs – Page 71 Rural Economic Development (RED) Program
(Motion to Refer to Staff)
9.2 Canadian Brenda McAuley, CPAA National President – Regarding Page 73 Postmasters Federal Government Standing Committee on Government and Assistants and Estimates` (OGGO) Report Regarding Canada Post Association (Motion for Direction)
9.3 Clarington Heather Rademacher, President, Clarington Concert Band, Page 75 Concert Band Requesting a Location to house the music library and equipment, as well as a rehearsal space
(Motion to Refer to Staff and that the Clarington Concert Band be consulted in any upcoming plans for the Arts in Clarington)
Page 3 General Government Committee Agenda Date: February 13, 2017 Time: 9:30 AM Place: Council Chambers
10 Presentations
No Presentations 11 Engineering Services Department
11.1 EGD-004-17 Courtice Mills Subdivision (McMann Cres.), Courtice, Plan Page 77 40M-2499 ‘Certificate of Acceptance’ and ‘Assumption By-law’, Final Works Including Roads and Other Related Works
11.2 EGD-005-17 Report on Building Permit Activity for October, November, Page 83 and December 2016
11.3 EGD-006-17 Oke Woods Subdivision Phase 1B, Courtice, Plan 40M- Page 93 2391 (part of) ‘Certificate of Acceptance’ and ‘Assumption By-law’, Final Works Including Roads and Other Related Works 12 Operations Department
12.1 OPD-002-17 Memorial Park Capital Project Over-expenditure Report Page 98
13 Emergency and Fire Services Department
No Reports 14 Community Services Department
No Reports 15 Municipal Clerk’s Department
15.1 CLD-003-17 Council Code of Conduct and Appointment of Integrity Page 101 Commissioner
Page 4 General Government Committee Agenda Date: February 13, 2017 Time: 9:30 AM Place: Council Chambers
16 Corporate Services Department
No Reports 17 Finance Department
No Reports 18 Solicitor’s Department
No Reports 19 Chief Administrative Office
No Reports 20 New Business – Consideration 21 Unfinished Business
None 22 Confidential Reports
No Reports 23 Adjournment
Page 5 General Government Committee Minutes January 23, 2017
Minutes of a meeting of the General Government Committee held on Monday, January 23, 2017 at 9:30 AM in the Council Chambers.
Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor W. Woo
Regrets: Councillor C. Traill
Staff Present: C. Clifford, A. Allison, R. Albright, J. Caruana, A. Greentree, F. Horvath, M. Marano, N. Taylor, G. Weir, J. Gallagher, M. Chambers 1 Call to Order
Mayor Foster called the meeting to order at 9:30 AM. 2 New Business – Introduction
Councillor Cooke added a New Business item, regarding a request to the Region of Durham regarding the Transportation Plan, to the New Business – Consideration section of the agenda.
Councillor Hooper added a New Business item, regarding the Safe Communities Advisory Committee, to the New Business – Consideration section of the agenda.
Councillor Neal added a New Business item, regarding broadband, to the New Business – Consideration section of the agenda. 3 Adopt the Agenda
Resolution #GG-027-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That the Agenda be adopted as presented, with the addition of the following New Business items:
a request to the Region of Durham regarding the Transportation Plan, Safe Communities Advisory Committee broadband
Carried 4 Declaration of Interest
There were no declarations of interest stated at this meeting.
- 1 - 6 General Government Committee Minutes January 23, 2017 5 Announcements
Members of Council announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting
Resolution #GG-028-17
Moved by Councillor Woo, seconded by Councillor Partner
That the minutes of the regular meeting of the General Government Committee meeting held on January 3, 2017, be approved. Carried 7 Delegations
No Delegations 8 Communications - Receive for Information
8.1 Minutes of the Tyrone Community Centre dated January 10, 2017
Resolution #GG-029-17
Moved by Councillor Partner, seconded by Councillor Neal
That Communication Item 8.1, Minutes of the Tyrone Community Centre dated January 10, 2017, be received for information. Carried 9 Communications – Direction
9.1 Michael Lang, Manager, Transportation Engineering, D.M. Wills Associates Limited – Noise By-law Exemption Request
Resolution #GG-030-17
Moved by Councillor Neal, seconded by Councillor Woo
That the exemption for D.M. Wills Associates Limited, on behalf of the Ministry of Transportation, regarding the culvert replacement/rehabilitation along Highway 35/115 and Highway 401, to the Municipality’s Noise By-law, for 2017 and 2018 as outlined in their letter dated November 21, 2016, be approved. Carried
- 2 - 7 General Government Committee Minutes January 23, 2017
9.2 Kerry Meydam – Durham York Energy Centre Fire
Resolution #GG-031-17
Moved by Councillor Neal, seconded by Councillor Hooper
That Kerry Meydam (Communication Item 9.2), regarding the Durham York Energy Centre Fire, be advised of actions previously taken. Carried
9.3 Kerry Meydam – Durham York Energy Centre – Fire, Transparency and Accountability Concerns
Resolution #GG-032-17
Moved by Councillor Neal, seconded by Councillor Partner
That Communication Item 9.3 from Kerry Meydam, regarding the Durham York Energy Centre, Fire, Transparency and Accountability Concerns, be received for information. Carried 10 Presentations
10.1 Todd Brown, Monteith Brown Planning, Regarding Report CSD-001-17, Facility Development Strategy
Todd Brown, Monteith Brown Planning, was present regarding Report CSD-001-17, Facility Development Strategy. He made a verbal presentation to accompany an electronic presentation. Mr. Brown noted that Claire Tucker-Reid, Tucker-Reid and Associates, was present today to assist with answering questions at the end of the presentation, if required. He reviewed the purpose and scope of the Facilities Strategy. Mr. Brown provided an overview of the timing and process of the Strategy which included three phases consisting of background review, development strategy and finalization. Mr. Brown highlighted the terms of reference and key study inputs. He continued by providing details of the proposed changes for the Bowmanville Indoor Soccer Facility, Newcastle and District Recreation Complex, Courtice Community Complex and the South Courtice Arena. Mr. Brown concluded by reviewing the proposed implementation schedule, the capital funding details and funding sources. He advised the Committee that Council would be required to rescind Resolution #C-286-03, regarding the municipal role in providing equipment-based fitness centres, should they choose to move ahead with the Strategy. Mr. Brown and Ms. Tucker-Reid answered questions from members of Committee.
- 3 - 8 General Government Committee Minutes January 23, 2017
Alter the Agenda Resolution #GG-033-17
Moved by Councillor Neal seconded by Councillor Cooke That the Agenda be altered to consider Report CSD-001-17, Indoor Facilities Development Strategy, at this time. Carried
Suspend the Rules
Resolution #GG-034-17
Moved by Councillor Neal, seconded by Councillor Cooke
That the Rules of Procedure be suspended to allow Members of Committee to asked questions of Todd Brown and Claire Tucker-Reid, a second time. Carried
14.1 CSD-001-17 Indoor Facilities Development Strategy
Resolution #GG-035-17
Moved by Councillor Hooper, seconded by Councillor Neal
That Report CSD-001-17, Indoor Facilities Development Strategy, be referred back to staff to reprioritize a South Bowmanville pool facility as a high priority. Carried Recess
Resolution #GG-036-17
Moved by Councillor Neal, seconded by Councillor Partner
That the Committee recess for five minutes. Carried
The meeting reconvened at 11:29 AM with Councillor Neal in the Chair.
- 4 - 9 General Government Committee Minutes January 23, 2017 11 Engineering Services Department
11.1 EGD-001-17 By-Law Regulating Vehicle Weight on Bridges
Resolution #GG-037-17
Moved by Mayor Foster, seconded by Councillor Cooke
That Report EGD-001-17 be received;
That regulatory weight restriction signing be posted as per the Ontario Traffic Manual at bridges, at the prescribed weight limits, as recommended during Engineering inspections and detailed in Report EGD-001-17;
That the By-law attached to Report EGD-001-17 be approved and a copy forwarded to GHD Limited for completion of the Engineer's Statement, being Schedule "A" to the by-law; and
That all interested parties listed in Report EGD-001-17 and any delegations be advised of Council's decision. Carried
11.2 EGD-002-17 Road Closure and Conveyance - Parts 2 and 4, Plan 10R-3505, Conc. BF, Lot 23 (Darlington)
Resolution #GG-038-17
Moved by Mayor Foster, seconded by Councillor Cooke
That Report EGD-002-17 be received;
That Part 2 on Plan 10R-3505 (Attachment 1 to Report EGD-002-17) be conveyed to 1816541 Ontario Limited for fair market value of the portion that can be developed;
That Part 4 on Plan 10R-3505 be closed and conveyed to 1816541 Ontario Limited for fair market value;
That the applicant pay all applicable costs, including HST and fees, for the preparation and registration of the transfers;
That Council approve the draft By-law attached to Report EGD-002-17 (Attachment 2 to Report EGD-002-17) to convey Part 2 and close and convey Part 4 on Plan 10R-3505; and
That all interested parties listed in Report EGD-002-17 and any delegations be advised of Council's decision. Carried
- 5 - 10 General Government Committee Minutes January 23, 2017
11.3 EGD-003-17 Proposed Road Closure and Conveyance between 10 and 12 Fourth Street, Bowmanville
Resolution #GG-039-17
Moved by Councillor Hooper, seconded by Mayor Foster
That Report EGD-003-17 be received;
That the unopened road allowance between 10 Fourth Street and 12 Fourth Street, Bowmanville, be closed;
That the property municipally known as 12 Fourth Street be declared surplus to the Municipality's needs;
That Council approve the conveyance of the west 3.62 metre wide (105 square metres) portion of the unopened road allowance to the owners of the adjacent lands at 10 Fourth St., Bowmanville;
That all remaining lands be disposed of through a public process as outlined in By-law 2011-011, Land Disposition;
That Council pass the necessary by-laws to implement the closure of all and the conveyance of some of the unopened road allowance (Attachment 3 to Report EGD-003-17); and
That all interested parties listed in Report EGD-003-17 and any delegations be advised of Council's decision. Carried
Councillor Partner chaired this portion of the meeting. 12 Operations Department
12.1 OPD-001-17 Outdoor Ice Skating Rink Policy
Resolution #GG-040-17
Moved by Councillor Woo, seconded by Councillor Hooper
That Report OPD-001-17 be received; and
That Council endorse the operating policy set out in Report OPD-01-17 for the approval and maintenance of volunteer based Outdoor Ice Skating Rinks. Carried as amended (See following motions)
- 6 - 11 General Government Committee Minutes January 23, 2017
Resolution #GG-041-17
Moved by Councillor Neal, seconded by Councillor Cooke
That the foregoing Resolution #GG-040-17 be amended by adding the following at the end:
“with the following amendment:
The words “September 30th” be replaced with the words “November 1st” in Section 1 of the Application and Approval Process section.” Carried
Resolution #GG-042-17
Moved by Councillor Neal, seconded by Mayor Foster
That the foregoing Resolution #GG-040-17 be amended by adding the following at the end:
“That Operations Policy regarding Outdoor Ice Skating Rinks be amended by deleting the following words in Section 3 of the Application and Approval Process section:
Sign a hold harmless/indemnification” Motion Withdrawn
The foregoing Resolution #GG-040-17 was then put to a vote and carried as amended.
Suspend the Rules
Resolution #GG-043-17
Moved by Councillor Neal, seconded by Councillor Hooper
That the rules of procedure be suspended to extend the meeting by 15 minutes until 12:15 PM. Carried 13 Emergency and Fire Services Department
No Reports for this section of the Agenda.
- 7 - 12 General Government Committee Minutes January 23, 2017 14 Community Services Department
Report CSD-001-17, Indoor Facilities Development Strategy was considered earlier in the meeting during the delegation portion of the agenda. 15 Municipal Clerk’s Department
No Reports for this section of the Agenda. 16 Corporate Services Department
No Reports for this section of the Agenda. 17 Finance Department
No Reports for this section of the Agenda. 18 Solicitor’s Department
No Reports for this section of the Agenda. 19 Chief Administrative Office
No Reports for this section of the Agenda. 20 New Business – Consideration
20.1 Request for Region of Durham Transportation Plan
Resolution #GG-044-17
Moved by Councillor Cooke, seconded by Councillor Neal
That the Municipality of Clarington request the following of the Region of Durham:
a) Reduce the posted speed limit to 50km per hour on Highway 2 between Townline Road and Darlington Boulevard;
b) That the short term cycling routes include in its Regional Capital Road Project (in Nine-Year Forecast) the stretch between Nash Road and Longworth Avenue along Regional Road 57; and
c) That Regional Road Improvements between Harmony Road and Courtice Road along Bloor Street, be done all as part of the 2031 Road Expansion Projects. Carried
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20.2 Safe Communities Advisory Committee
Resolution #GG-045-17
Moved by Councillor Hooper, seconded by Councillor Neal
Whereas the Safe Communities Advisory Committee of Clarington was formed in 2012 and promotes collegiality and cooperation amongst stakeholders to enhance the perception and experience of personal safety of all Clarington residents;
Whereas the terms of reference for the committee identify that the membership be drawn from people who live and work in Clarington together with Council, businesses and municipal and regional government, local issues and concerns can be identified and responded to more effectively;
Whereas the Safe Communities Advisory Committee of Clarington has benefitted from members that have been on the Committee for a number of years, however, it is also recognized that there is the need to review the committee composition and foster new members; and
Whereas the Safe Communities Advisory Committee of Clarington deems it necessary to update the current terms of reference;
Now therefore be it resolved that the terms of reference for the Safe Communities Advisory Committee be amended as follows:
a) That the existing membership terms be deleted and replaced with the following:
The Clarington Safe Communities Advisory Committee shall consist of two (2) members of Council, and seven (7) voluntary members who are appointed by Council for a term of four (4) years to coincide with the term of Council and shall continue to hold office until the new committee members have been appointed following the regular election.
The members shall possess expertise, experience and a willingness to devote the necessary time to the Committee.
Openings for membership shall be publicly advertised. All residents and any nominated representative of an organization are invited to apply. Applicants will submit the required application form to the Municipal Clerk’s Department. Members will be formally appointed by Municipal Council;
b) That the Safe Communities Advisory Committee meet quarterly;
c) That the Safe Communities Advisory Committee be established as an Advisory Committee of Council and shall be governed by the Advisory Committee Protocol, which governs all advisory committees of Council; - 9 - 14 General Government Committee Minutes January 23, 2017 and That the Municipality of Clarington advertise to solicit applicants for consideration for appointment on the Safe Communities Advisory Committee. Carried
20.3 Broadband Resolution #GG-046-17
Moved by Councillor Neal, seconded by Councillor Partner
That Staff report back to the February 13, 2017, General Government Committee meeting on strategies available to expand broadband in the Municipality of Clarington. Carried 21 Unfinished Business
None 22 Confidential Reports
There were no items considered under this section of the Agenda. 23 Adjournment
Resolution #GG-047-17
Moved by Councillor Neal, seconded by Councillor Hooper
That the meeting adjourn at 12:18 PM. Carried
______
Mayor Deputy Clerk
- 10 - 15 Special General Government Committee Minutes January 27, 2017
Minutes of a meeting of the General Government Committee held on Friday, January 27, 2017 at 9:00 AM in the Council Chambers.
Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo
Staff Present: C. Clifford, N. Taylor, L. Gordon, A. Greentree, M. Chambers 1 Call to Order
Mayor Foster called the meeting to order at 9:00 AM. Due to some confusion regarding the start time for the meeting, Mayor Foster suggested a recess to allow members time to arrive.
Recess
Resolution #GG-048-17
Moved by Councillor Hooper, seconded by Councillor Traill
That the Committee recess for 15 minutes. Carried
The meeting reconvened at 9:20 AM. 2 Adopt the Agenda
Resolution #GG-049-17
Moved by Councillor Traill, seconded by Councillor Partner
That the Agenda for the Special General Government Committee meeting of January 27, 2017 be adopted as presented. Carried 3 Declaration of Interest
There were no declarations of interest stated at this meeting.
- 1 - 16 Special General Government Committee Minutes January 27, 2017 4 Delegations
4.1 Linda Kent, Library Director, Clarington Public Library and Gail Rickard, Clarington Public Library Board, Regarding the 2017 Operating and Capital Budget
Linda Kent, Library Director, Clarington Public Library and Gail Rickard, Clarington Public Library Board were present regarding the 2017 Operating and Capital Budget. They made a verbal presentation to accompany an electronic presentation. Ms. Rickard advised the Committee that she has stepped down as the Chair of the Library Board and noted that Terri Gray will be the new Chair and is present today along with other members of the Library Board and Staff. She reviewed that their 2017 municipal budget request of $3,016,711 which is a 2.5% increase from 2016. Ms. Rickard continued by explaining the library cost for capita and noted that the Municipality of Clarington is the lowest of the comparative municipalities based on the Government of Ontario, Ontario Public Library Statistics, 2015. She provided an overview of the 2016 highlights which included community engagement and lifelong learning. Ms. Rickard added that the library has seen a 16% increase in community engagement and program attendance in 2016. She highlighted the educational support which included the STEM (Science, Technology, Engineering and Math). Ms. Rickard added they the summer reading club has seen a 51% increase in 2016. She noted the various technologies available in the library is being used by both members and the business community. Ms. Rickard showed a short video that was created by Lakeridge Health using the green room in the Courtice library. She continued by explaining that the library has seen an increase of 6% in computer use and 71% in Wifi usage, 10% in print circulation and 19% in foot traffic. Ms. Rickard explained the economic impact of the library. She concluded by thanking members of Committee advised that they were available to answer any questions. Ms. Kent answered questions from the members of Committee.
Resolution #GG-050-17
Moved by Councillor Neal, seconded by Councillor Hooper
That the delegation of Linda Kent, Library Director, Clarington Public Library and Gail Rickard, Clarington Public Library Board, regarding the 2017 Operating and Capital Budget, be referred for consideration in deliberation of Report FND-001-17, 2017 Operating and Capital Budget. Carried
Councillor Woo chaired this portion of the meeting.
Mayor Foster resumed the chair during the delegation of Chris Newman.
- 2 - 17 Special General Government Committee Minutes January 27, 2017
4.2 Chris Newman, Coordinator, Firehouse Youth Centre, Regarding the 2017 Operating and Capital Budget
Chris Newman, Coordinator, Firehouse Youth Centre was present regarding the 2017 Operating and Capital Budget. He made a verbal presentation to accompany an electronic presentation. Mr. Newman advised the Committee that 2016 was a record year for the Firehouse Youth Centre and highlighted various memorable events of 2016. He reviewed a slide of photos of various events and partnerships. He provided an overview of the community partnerships which included the Durham Regional Police Services, Municipality of Clarington, Rotary Club of Bowmanville and the Bowmanville Older Adults Association. Mr. Newman referred to a chart which illustrated the continuous yearly growth in yearly visits. He reviewed their 2017 municipal budget request which includes 7% increase for a total of $4000. Mr. Newman explained this increase is needed as a result of continued growth, higher youth needs, the Clarington Project departure and a pay equity assessment. He added that they are committed to continuing to fundraise and create new partnerships and that the volunteers are key to their operation. Mr. Newman continued by thanking members of Committee and offered to answer any questions.
Resolution #GG-051-17
Moved by Councillor Hooper, seconded by Councillor Partner
That the delegation of Chris Newman, Coordinator, Firehouse Youth Centre, regarding the 2017 Operating and Capital Budget, be referred for consideration in deliberation of Report FND-001-17, 2017 Operating and Capital Budget. Carried
4.3 James Campbell, Executive Director/Curator, Craig Ryan, President and Michael Patrick, Treasurer, Visual Arts Centre of Clarington, Regarding the 2017 Operating and Capital Budget
James Campbell, Executive Director/Curator, Craig Ryan, President and Michael Patrick, Treasurer, Visual Arts Centre of Clarington (VAC) were present regarding the 2017 Operating and Capital Budget. They made a verbal presentation to accompany an electronic presentation. Mr. Campbell thanked members of Committee and noted that he will be leaving the VAC after seven years. He continued by reviewing the mission statement of the VAC and provided and overview of accomplishments, community events, and partnerships in 2016. Mr. Campbell continued by explaining how they continue operate which includes joint stewardship, dedicated and committed people and collaborations. He reviewed the 2016 revenues and provided a breakdown of the various funding sources for 2016 for a total of $344,000.
Suspend the Rules
Resolution #GG-052-17
- 3 - 18 Special General Government Committee Minutes January 27, 2017
Moved by Councillor Cooke, seconded by Councillor Woo
That the delegation James Campbell, Executive Director/Curator, Craig Ryan, President and Michael Patrick, Treasurer, Visual Arts Centre of Clarington, be extended for an additional two minutes. Carried
Mr. Campbell concluded by reviewing their 2017 municipal budget request which is for a total of $210.848 which is a 2% increase of $4134 over 2016. He explained that this is needed as a result of the increase of the cost of living and inflation. Mr. Campbell thanked the Committee and Mr. Campbell, Mr. Ryan and Mr. Patrick answered questions from the Committee.
Resolution #GG-053-17
Moved by Councillor Cooke, seconded by Councillor Hooper
That the delegation James Campbell, Executive Director/Curator, Craig Ryan, President and Michael Patrick, Treasurer, Visual Arts Centre of Clarington, regarding the 2017 Operating and Capital Budget, be referred for consideration in deliberation of Report FND-001-17, 2017 Operating and Capital Budget. Carried
4.4 Deb Kalogris, Administrator, Clarington Home Support Program and Sally Barrie, Director, Home Support Program, and Brett Farr, Executive Director, Community Care Durham, Regarding the 2017 Operating and Capital Budget
Deb Kalogris, Administrator, Clarington Home Support Program and Sally Barrie, Director, Home Support Program, and Brett Farr, Executive Director, Community Care Durham (CCD) were present regarding the 2017 Operating and Capital Budget. They made a verbal presentation to accompany an electronic presentation. Ms. Kalogris gave a brief overview of CCD which included who they are and what they do. Ms. Barrie explained to the Committee that the population of Clarington is continuously increasing and their volunteers continue to assist the residents of Clarington to be able to live at home. She explained that they have over 2000 volunteers and 300 staff that provide 442, units of services to over 10,000 clients throughout the Region of Durham. Ms. Kalogris added that their volunteers provided services that equal approximately $17 per hour which equal a dollar amount of approximately $700,000. Ms. Kalogris highlighted the services offered by CCD and noted they have many partnerships with local organizations and community groups to assist with the implementation of their services. She noted the services offered at the CCD sites in Clarington which are offered out of the Garnet B. Rickard Complex and the Wilmot Creek sites. Ms. Kalogris thanked the members of Committee and noted the demand for their services will continue to increase and read two letters of thanks from CCD clients. Mr. Kalogris, Ms. Barrie and Mr. Farr answered questions from the Committee.
- 4 - 19 Special General Government Committee Minutes January 27, 2017
Resolution #GG-054-17
Moved by Councillor Woo seconded by Councillor Partner
That the delegation of Deb Kalogris, Administrator, Clarington Home Support Program and Sally Barrie, Director, Home Support Program, and Brett Farr, Executive Director, Community Care Durham regarding the 2017 Operating and Capital Budget, be referred for consideration in deliberation of Report FND-001-17, 2017 Operating and Capital Budget. Carried
Recess
Resolution #GG-055-17
Moved by Councillor Partner, seconded by Councillor Traill
That the Committee recess for 10 minutes. Carried
The meeting reconvened at 11:23 AM.
4.5 Angie Darlison, Executive Director, Mike Moynes, President and Alan Tibbles, Past President, Bowmanville Older Adult Association, Regarding the 2017 Operating and Capital Budget
Angie Darlison, Executive Director, Mike Moynes, President and Alan Tibbles, Past President, Bowmanville Older Adult Association (BOAA) were present regarding the 2017 Operating and Capital Budget. Ms. Darlison noted that the BOAA Annual Report was distributed to members of Council prior to today’s meeting. She advised the Committee that the BOAA had a very successful 2016 but need the financial contribution to sustain their level of services. Ms. Darlison noted that 2016 has been a busy year with continued membership growth and that they have a total of 1418 members and 518 non-members participating in programs. She added that they have brought in over $97,000 in fundraising revenue. Ms. Darlison continued by explaining that they have had many challenges in 2016 which included increase costs of the utilities at the Beech Centre and the cost to cover the six full-time and additional part-time staff salaries. She advised the Committee that the goals for 2017 include providing accessible transportation, adjusting the salaries and benefits of the BOAA staff, and increased weekend and evening programing. Ms. Darlison added that they are looking to participate in more community events, increase community partnerships, and increase advertising and marketing. She advised the Committee that they are looking into additional space to eliminate program wait lists. Ms. Darlison request that the Members of Committee support their $310,000 budget request so that the BOAA can continue to provide quality services to the members of the community. Ms. Darlison answered questions from the Committee.
- 5 - 20 Special General Government Committee Minutes January 27, 2017
Resolution #GG-056-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That the delegation of Angie Darlison, Executive Director, Mike Moynes, President and Alan Tibbles, Past President, Bowmanville Older Adult Association, regarding the 2017 Operating and Capital Budget, be referred for consideration in deliberation of Report FND-001-17, 2017 Operating and Capital Budget. Carried
Suspend the Rules
Resolution #GG-057-17
Moved by Councillor Partner, seconded by Councillor Woo
That the Rules of Procedure be suspended to allow the Committee to extend the meeting until 12:30 PM. Carried
4.6 Shirley Rogers, Chair, Newcastle Community Hall Board, Regarding the 2017 Operating and Capital Budget
Shirley Rogers, Chair, Newcastle Community Hall Board was present regarding the 2017 Operating and Capital Budget. Ms. Rogers explained that currently the Newcastle Community Hall has one full-time, one part-time and one occasional part-time staff. She noted that they had 35 weddings and 45 other rentals in 2016 and that these rentals are bringing people into the Town of Newcastle. Ms. Rogers added that the hall is rented approximately 90% of the time. She continued by reviewing many of the rental contracts they have with various community groups and organizations. Ms. Rogers noted the unique arrangement with Newcastle Bowling Association and that this year they hosted events for the Newcastles of the World Conference. She advised the Committee that they continue to take training and are currently reviewing the Municipality of Clarington Procedures manual. Ms. Rogers noted that they continue to fundraise for the hall renovation which is scheduled for 2018. She explained that almost half of their budget goes to wages and that they continue to rely on volunteers. Ms. Rogers added that they are looking at ways to increase future revenue by possibly becoming a supplier for wedding decor. She noted that last year the utilities increased and they had five wedding cancellations in August of 2016. Ms. Rogers concluded by advising the Committee that their 2017 municipal budget request it the same as 2016.
- 6 - 21 Special General Government Committee Minutes January 27, 2017
Resolution #GG-058-17
Moved by Councillor Partner, seconded by Councillor Woo
That the delegation of Shirley Rogers, Chair, Newcastle Community Hall Board, regarding the 2017 Operating and Capital Budget, be referred for consideration in deliberation of Report FND-001-17, 2017 Operating and Capital Budget. Carried 5 Adjournment
Resolution #GG-059-17
Moved by Councillor Partner, seconded by Councillor Woo
That the meeting adjourn at 12:07 PM. Carried
______
Mayor Deputy Clerk
- 7 - 22 Special General Government Committee Minutes January 30, 2017
Minutes of a meeting of the Special General Government Committee held on Monday, January 30, 2017 at 9:30 AM in the Council Chambers.
Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill Councillor W. Woo
Staff Present: C. Clifford, A. Allison, T. Cannella, J. Caruana, L. Gordon, F. Horvath, F. Langmaid, M. Marano, N. Taylor, G. Weir, A. Greentree, M. Chambers 1 Call to Order
Mayor Foster called the meeting to order at 9:30 AM. 2 Adopt the Agenda
Resolution #GG-060-17
Moved by Councillor Hooper, seconded by Councillor Partner
That the Agenda for the Special General Government Committee meeting of January 30, 2017 be adopted as presented. Carried 3 Declaration of Interest
There were no declarations of interest stated at this meeting. 4 Delegations
No Delegations 5 Presentations
5.1 Curry Clifford, Interim Chief Administrative Officer – 2017 Operating and Capital Budget
Curry Clifford, Interim Chief Administrative Officer, made a verbal and electronic presentation regarding the 2017 Operating and Capital Budget. Mr. Curry thanked the Finance Staff for their efforts in preparing the budget. He noted that he appreciated the budget questions by Members of Council. Mr. Curry referenced an article from the Globe and Mail regarding governing and making choices.
- 1 - 23 Special General Government Committee Minutes January 30, 2017
He reviewed the items covered in the CAO’s Budget Workshop including:
• Maintaining existing levels of service over a larger customer/service base • Protecting assets • Meeting New Strategic Priorities • Enabling: o Revenue Growth o Cost Management o Efficiency • Increasing the level of service
Mr. Curry noted that the goal is to equip the corporation to optimize results for our community in transition. He explained that making choices is about putting the puzzle pieces together and that we need to be mindful of the choices being made and their impact.
5.2 Nancy Taylor, Director of Finance/Treasurer – 2017 Operating and Capital Budget
Nancy Taylor, Director of Finance/Treasurer made a verbal and electronic presentation regarding the 2017 Operating and Capital Budget. Ms. Taylor discussed charts regarding the following topics:
• 1% tax levy = $505,000 • An increase on an average house (valued at $323,000) is approximately $13.14 per each 1% • Share of the bill – 2016 31% Clarington , 50% Region, , 19% Educations • Historical Trends Assessment Growth History • Clarington Budget Increase History – 10 year average is 4.06% • Financial indicators: o Average household income in Clarington (high) o Net municipal levy per capita comparison with selected municipalities o Property taxes as a percentage of income o How each $100 of Clarington Local Levy is utilized in a 2017 Budget • 2017 Budget Overview with a proposed 1.97% increase after growth has been applied at 2.67%, including external agencies, without Priority “B” items. • 2017 Items of Note: o Assessment Growth o Over $825,000 in budget line reductions o Reduction in revenues/rebates o $189,000 increase in utilities o Transfer to ASO Reserve Fund o DC Bylaw incentives o Storm water capital to maximize grant eligibility
- 2 - 24 Special General Government Committee Minutes January 30, 2017
o New proposed debt propose for asset repair/rehabilitation o Courtice CIP Recommendations o 1.27% tax levy impact for capital in base requirements • Ongoing support to the Capital Budget • Budget Impact Summary 6 Finance Department
6.1 FND-001-17 2017 Operating and Capital Budget
Resolution #GG-061-17
Moved by Councillor Woo, seconded by Councillor Hooper
That Report FND-001-17 be received;
That Council approve the 2017 Operating and Capital Budget as outlined in Attachment 1 of Report FND-001-17, at an estimated tax levy impact of 2.47% (exclusive of tax policy impacts), as directed in ReportFND-001-17;
That Council approve a 0.5% or $250,000 tax levy dedicated to Rural Roads outlined as Item #55 on Attachment 1 and Item #4 on Attachment 2 of Report FND-001-17;
That Council provide direction on the remaining items listed as Priority "B" for consideration, as itemized in Attachment 2 of Report FND-001-17;
That Council authorize the commencement of a tax increment grant incentive program for the Courtice CIP area based on the approved Courtice CIP and a development charges incentive program to the limit approved in the 2017 Budget;
That Council provide direction on the grants for external agencies per their requests itemized in Attachment 3 of Report FND-001-17, at an estimated tax levy impact of 0.18%;
That the external agencies, referred to in Attachment 3 of Report FND-001-17, be advised of Council's decision regarding their grant request and be thanked for their delegation on January 27th, as appropriate;
That attachments outlining Reserve and Reserve Fund Contributions and new Reserve/Reserve Funds be approved as shown in the 2017 Draft Budget binder;
That approximately $800,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact;
That the financing of Capital projects, as outlined in the documents attached to Report FND-001-17, be approved;
- 3 - 25 Special General Government Committee Minutes January 30, 2017
That any cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Reserve Fund and General Municipal Reserve Fund, to be repaid with interest as cash flow permits;
That Report FND-001-17 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001;
That, subject to Council approval of the Renovations to the Municipal Administrative Centre and the Renovations to the Rickard Recreation Complex, identified in the 2017 Draft Capital Budget to be financed from debenture financing, the Director of Finance/Treasurer be authorized to make application to the Region of Durham for the necessary debenture, with such terms being at the discretion of the Director of Finance; and
That the appropriate By-laws to levy the 2017 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available.
Carried as amended Later in the meeting (See following motions)
Resolution #GG-062-17
Moved by Councillor Cooke, seconded by Councillor Woo
That Capital Project 42-421-17104 ASC – Exterior Benches – Traffic Control Measures, in the amount of $5,200, be deleted and that an alternate safety delineation measure be installed. Carried
Resolution #GG-063-17
Moved by Councillor Cooke, seconded by Councillor Neal
That Account #100-10-100-00000-7205 Mayor’s – Reception be reduced from $15,847 to $11,000. Carried
Resolution #GG-064-17
Moved by Councillor Cooke, seconded by Councillor Traill
That Account # 100-10-105-00000-7132 Council – Phone/Fax be reduced from $7500 to $5000. Carried
- 4 - 26 Special General Government Committee Minutes January 30, 2017
Resolution #GG-065-17
Moved by Councillor Cooke, seconded by Councillor Woo
That Account #100-10-105-00000-7201 Council – Conferences be reduced from $13,000 to $10,000. Carried
Resolution #GG-066-17
Moved by Councillor Hooper, seconded by Councillor Traill
That Capital Project 42-421-17903 BIS – Athletic Program Netting System & Equipment be reduced from $40,000 to $25,000. Carried
Resolution #GG-067-17
Moved by Councillor Neal, seconded by Councillor Woo
That Capital Project 28-388-18001 Pumper 15, in the amount of $725,000, be deferred to the 2018 Budget. Carried
Resolution #GG-068-17
Moved by Councillor Neal, seconded by Councillor Cooke
That Account #100-10-105-00000-7299 Council – Misc Expense be reduced from $4,000 to $3,000; and
That Account #100-10-105-00000-7506 Council – Furniture/Fixtures be reduced from $1,500 to $0. Carried
Resolution #GG-069-17
Moved by Councillor Neal, seconded by Councillor Cooke
That Capital Project 42-421-17804 SCA – Ice Resurfacer - Replacement be deferred to 2018 Budget. Motion Lost
- 5 - 27 Special General Government Committee Minutes January 30, 2017
Recess
Resolution #GG-070-17
Moved by Councillor Neal, seconded by Councillor Partner
That the Committee recess for 10 minutes. Carried
The meeting reconvened at 11:31 AM.
2017 Operating and Capital Budget – Continued
Resolution #GG-071-17
Moved by Councillor Neal, seconded by Councillor Traill
That Staff be directed to report back to Council prior to undertaking the work for Capital Project 36-370-172000 MAC Improvements regarding the details of the project. Motion Lost
Resolution #GG-072-17
Moved by Councillor Neal, seconded by Councillor Traill
That Capital Project 16-162-0711 Computer Hardware be reduced from $135,900 to $100,000 with the reduction coming from the proposed tax levy financing. Motion Lost Later in the meeting (See following motions)
Suspend the Rules
Resolution #GG-073-17
Moved by Councillor Cooke, seconded by Councillor Woo
That the Rules of Procedure be suspended to allow the Committee to extend the meeting until 12:05 PM.
Carried
The foregoing Resolution #GG-073-17 was then put to a vote and lost.
- 6 - 28 Special General Government Committee Minutes January 30, 2017
Recess
The Committee recessed for their one hour scheduled break as per the Procedural By-law.
The meeting reconvened at 1:00 PM.
Resolution #GG-074-17
Moved by Councillor Partner, seconded by Councillor Traill
That the total funding for following Parks and Trails Capital Budget Projects in the Engineering Capital section of the 2017 Budget:
• 32-325-13101 Farewell Creek Park Trail – Phase 1 • 32-325-14102 Bowmanville Valley Trail (Baseline to Waterfront) • 32-325-16104 Enniskillen Park • 32-325-17102 Waterfront Trail Realignment – Energy Dr to Waverley Rd • 32-325-17103 Courtice Dog Park • 32-325-17104 Waterfront Trail Extension – Bennett Rd Easterly to Existing Trail be reduced from $1,015,000 to $750,000; and
That the Director of Engineering Services determine the allocation of funding to those projects. Motion Lost Later in the meeting (See following motion)
Recess
Resolution #GG-075-17
Moved by Councillor Partner, seconded by Councillor Traill
That the Committee recess for five minutes. Carried
The meeting reconvened at 1:12 PM.
The foregoing resolution #GG-074-17 was then put to a vote and lost.
- 7 - 29 Special General Government Committee Minutes January 30, 2017
Resolution #GG-076-17
Moved by Councillor Trail, seconded by Councillor Neal
That Item #49 of Attachment 1 to Report FND-001-17, Street Lighting Hydro and Maintenance expenses, be funded by the Veridian Dividends and Interest. Motion Lost
Resolution #GG-077-17
Moved by Councillor Traill, seconded by Councillor Neal
That Item #61 of Attachment 1 to Report FND-001-17, $50,000 contributions to Municipal Capital Works Reserve Fund, be deleted;
That Item #62 of Attachment 1 to Report FND-001-17, $50,000 contributions to Fire Equipment Reserve Fund, be deleted;
That Item #63 of Attachment 1 to Report FND-001-17, $50,000 contributions to Facilities Maintenance Reserve Fund, be deleted; and
That Item #64 of Attachment 1 to Report FND-001-17, $50,000 contributions to Operations Equipment Reserve Fund, be deleted.
Motion Lost
Suspend the Rules
Resolution #GG-078-17
Moved by Councillor Neal, seconded by Councillor Cooke
That the Rules of Procedure be suspended to allow Members of Committee to speak to the Items on Attachment 1 to Report FND-001-17 a second time. Carried
Resolution #GG-079-17
Moved by Councillor Neal, seconded by Councillor Cooke
That Staff be directed to complete a fibre optic examination of the Pad A arena floor at the Garnet B. Rickard Recreation Complex before proceeding with any work on replacing the arena concrete floor. Motion Lost
- 8 - 30 Special General Government Committee Minutes January 30, 2017
Recess
Resolution #GG-080-17
Moved by Councillor Partner, seconded by Councillor Traill
That the Committee recess for 10 minutes. Carried
The meeting reconvened at 2:14 PM.
2017 Operating and Capital Budget – Continued
Resolution #GG-081-17
Moved by Councillor Partner, seconded by Councillor Woo
That the following Accounts be separated and new individual accounts be created per each Council position: • 100-10-105-00000-7059 Council – Elected Off. P/Employ • 100-10-105-00000-7101 Council – Off Supplies • 100-10-105-00000-7132 Council – Phone/Fax • 100-10-105-00000-7181 Council – Books/Periodicals • 100-10-105-00000-7186 Council – Post/Cour/Frt • 100-10-105-00000-7201 Council - Conferences • 100-10-105-00000-7202 Council – Travel Exp. • 100-10-105-00000-7299 Council – Misc Exp. • 100-10-105-00000-7506 Council – Furniture/Fixtures
Motion Withdrawn
Councillor Traill returned to the meeting at 2:17 PM.
Resolution #GG-082-17
Moved by Councillor Partner, seconded by Councillor Traill
That the following Accounts be separated and new individual accounts be created per each Council position: • 100-10-105-00000-7201 Council – Conferences • 100-10-105-00000-7202 Council – Travel Exp. • 100-10-105-00000-7299 Council – Misc Exp.
Carried
- 9 - 31 Special General Government Committee Minutes January 30, 2017
Resolution #GG-083-17
Moved by Councillor Woo, seconded by Councillor Hooper
That Item #1 of Attachment 2 to Report FND-001-17, Fitness Program Revenue Increase, be approved in the amount of $36,750;
That Item #2 of Attachment 2 to Report FND-001-17, Recreation Programs Revenue Increase, be approved in the amount of $33,000; and
That the corresponding part-time positions of Recreation Programmer ($33,700) and Fitness Centre Programmer ($33,700), be approved. Carried
Resolution #GG-084-17
Moved by Councillor Partner, seconded by Councillor Hooper
That the two part-time Operations Parks and Roads Labourers ($45,000 for two positions) and the Planning Clerk 1 position moving from part-time to full time ($27,000), be approved. Motion Lost
Resolution #GG-085-17
Moved by Councillor Neal, seconded by Councillor Traill
That Item #14 of Attachment 2 to Report FND-001-17, Community Outdoor Skating Rinks, in the amount of $1,500, be approved. Carried
Resolution #GG-086-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That Item #10 of Attachment 2 to Report FND-001-17, Tourism – GO Transit Advertising Campaign, in the amount of $7,500, be denied. Carried
Resolution #GG-087-17
Moved by Councillor Cooke, seconded by Councillor Neal
That Item #6 of Attachment 2 to Report FND-001-17, Courtice CIP Proposed DC Incentive, in the amount of $100,000, be approved. Carried
- 10 - 32 Special General Government Committee Minutes January 30, 2017
Resolution #GG-088-17
Moved by Councillor Woo, seconded by Councillor Partner
That the two full-time positions, funded through other sources, being the Senior Plans Examiner position (financed by building permit revenues - $87,700) and Principal Planner position in Community Planning to coordinate multiple secondary plans (financed through the council-approved approach of the development community paying for the preparation of plans - $121,200), be approved. Carried Later in the meeting (See following motions)
Resolution #GG-089-17
Moved by Councillor Neal, seconded by Councillor Traill
That the foregoing Resolution #GG-088-17, be divided. Motion Lost
The foregoing Resolution was then put to a vote and carried.
Resolution #GG-090-17
Moved by Councillor Partner, seconded by Councillor Hooper
That Item #4 of Attachment 2 to Report FND-001-17, Rural Roads Resurfacing, in the amount of $200,000, be approved. Carried
Resolution #GG-091-17
Moved by Councillor Neal, seconded by Councillor Woo
That a net tax levy funding envelope of $300,000, exclusive of positions approved earlier in the meeting, be approved subject undertaking a review of silos (being the commencement of the Service Delivery Review process, the Building and Planning Process review and the IT Strategic Plan) be approved.
Carried as Amended Later in the meeting (See following motions)
- 11 - 33 Special General Government Committee Minutes January 30, 2017
Resolution #GG-092-17
Moved by Councillor Woo, seconded by Councillor Neal
That the foregoing Resolution #GG-091-17 be amended by adding the following to the end:
“That Item #7 of Attachment 2 to Report FND-001-17, Customer Service Delivery Review Program, in the amount of $40,000, be approved; and
That Item #8 of Attachment 2 to Report FND-001-17, Customer Relationship Management Project, in the amount of $25,000, be approved.” Carried
Resolution #GG-093-17
Moved by Councillor Hooper, seconded by Councillor Partner
That the foregoing Resolution #GG-091-17 be amended by adding the following:
“That Item #9 of Attachment 2 to Report FND-001-17, Space Needs Assessment Design, consulting and temporary accommodations, in the amount of $55,000, be approved.” Motion Lost Later in the meeting (See following motion)
Resolution #GG-094-17
Moved by Councillor Partner, seconded by Councillor Hooper
That the foregoing Resolution #GG-093-17 be amended by deleting “$55,000” and inserting “$40,000”.
Motion Lost
The foregoing Resolution #GG-093-17 was then put to a vote and lost.
The foregoing Resolution #GG-091-17 was then put to a vote and carried as amended.
Recess
Resolution #GG-095-17
Moved by Councillor Neal, seconded by Councillor Cooke
That the Committee recess for five minutes. Carried
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The meeting reconvened at 3:56 PM.
2017 Operating and Capital Budget – Continued
Resolution #GG-096-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That Item #13 of Attachment 2 to Report FND-001-17, Urban Forestry Plan, in the amount of $50,000, be approved. Motion Lost
Resolution #GG-097-17
Moved by Councillor Woo, seconded by Councillor Partner
That Item #15 of Attachment #2 to Report FND-001-17, Cemetery Foundation Repairs, in the amount of $5,000, be approved. Carried
Resolution #GG-098-17
Moved by Councillor Partner, seconded by Councillor Hooper
That Item #17 of Attachment #2 to Report FND-001-17, Building Rental for Remote Fitness Program, in the amount of $7,200, be approved. Carried
Resolution #GG-099-17
Moved by Councillor Partner, seconded by Councillor Hooper
That Item #12 of Attachment #2 to Report FND-001-17, Station 1 Dryer and Fridge, in the amount of $11,000, be approved. Motion Lost
Resolution #GG-100-17
Moved by Councillor Neal, seconded by Councillor Hooper
The all external agencies listed in Attachment 3 to Report FND-001-17, with the exception of the Clarington Museums and the Orono Cemetery Board, be approved for a 2% increase. Motion Lost
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Resolution #GG-101-17
Moved by Councillor Hooper, seconded by Councillor Neal
That the Bowmanville Older Adult Association 2017 grant funding be approved in the amount of $260,100. Carried
Resolution #GG-102-17
Moved by Councillor Cooke, seconded by Councillor Neal
That the Visual Arts Centre 2017 amended Budget Request be approved in the amount of $210,848. Carried
Resolution #GG-103-17
Moved by Councillor Woo, seconded by Councillor Cooke
That the Clarington Museums 2017 Budget Request be approved in the amount of $282,643. Carried
Resolution #GG-104-17
Moved by Councillor Traill, seconded by Councillor Partner
That the Newcastle Community Hall 2017 Budget Request be approved in the amount of $22,000. Carried
Resolution #GG-105-17
Moved by Councillor Partner, seconded by Councillor Woo
That the Orono Cemetery Board 2017 Budget Request be approved in the amount of $10,000. Carried
Resolution #GG-106-17
Moved by Councillor Neal, seconded by Councillor Partner
That the John Howard Society/Firehouse Youth 2017 Budget Request be approved in the amount of $61,200. Carried
- 14 - 36 Special General Government Committee Minutes January 30, 2017
Resolution #GG-107-17
Moved by Councillor Hooper, seconded by Councillor Cooke
That the Community Care Durham 2017 Budget Request be approved in the amount of $40,500. Carried
Resolution #GG-108-17
Moved by Councillor Cooke, seconded by Councillor Hooper
That the Clarington Public Library 2017 Budget Request be approved in the amount of $3,016,710; and
That the Clarington Public Library – Capital Tax Levy 2017 Budget Request be approved in the amount of $114,176. Carried
Resolution #GG-109-17
Moved by Councillor Woo, seconded by Councillor Partner
That $200,000 be put aside into an account for future staff hiring.
Motion lost on the following recorded vote:
Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X
- 15 - 37 Special General Government Committee Minutes January 30, 2017
That the foregoing Resolution #GG-061-17 was then put to a vote and carried on the following recorded vote:
Council Member Yes No Declaration of Absent Interest Councillor Cooke X Councillor Hooper X Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Mayor Foster X
7 Adjournment
Resolution #GG-110-17
Moved by Councillor Neal, seconded by Councillor Traill
That the meeting adjourn at 4:36 PM. Carried
______
Mayor Municipal Clerk
- 16 - 38 NEWCASTLE VILLAGE COMMUNITY HALL BOARD
January 19, 2016 7 pm Council Chambers
Present Were: S DeJong S Rogers D Eastman Councilor Woo Councilor Partner
Also Present: C. Abraham G Bell - secretary Marilia Hjorngaard –Newcastle Lions Club Warren Tait – Newcastle Lions Club
ELECTION: Chaired by W. Woo
Two positions have come to the end of their 2 year term – Cathy Abraham and Barry Carmichael
S. Rogers and W. Woo spoke to the floor about rules of election i.e. candidates and voting public must live within the boundaries laid out in the bylaws of the hall. Voting public would be voting to fill two positons on the board with a 2 year term.
Nominations were taken from the floor: Cathy Abraham Jocelyne Bater Peter Hazelton Kevin Symak Gina Gallacher All nominations were accepted. Each person nominated gave a short speech prior to voting taking place by secret ballet. Councilor Woo and Partner tallied the votes.
Elected to board is Kevin Symak, Peter Hazelton
Shirley Rogers thanked Cathy Abraham for her 23 years of service on the board. W. Woo spoke as well on her leadership during her time on the board. All board members thanked Cathy for her many contributions to the board over the years.
Thank you to all who participated in the election process.
ELECTION OF CHAIR Chaired by W. Woo
S. DeJong nominated S. Rogers, seconded by D. Eastman S. Rogers was acclaimed as chair of the board.
39
Presentation from the Lions Club: Marilia Hjorngaard and Warren Tait Newcastle Lions Club would like to replace the flooring in the Lion’s Den with commercial vinyl tile at their expense. An example of the flooring was shown to board members. Warren Tate will be the contact. As there is the possibility of asbestos content in the tiles underneath the carpeting board will ask Operations Dept. to have sample tested. If asbestos is found in the tile then flooring will be checked to ensure there is no damage before moving forward to install new vinyl flooring. If there is damage to old tile Operations Dept. will instruct on next steps.
Motion by D. Eastman, seconded by W. Woo
That pending approval by Municipality the board approves flooring change. “Carried”
S. DeJong declared a conflict.
1. MINUTES
Tabled to February meeting.
2. BUSINESS ARISING 2.1 November 19 2016 rental – Royal Services. Send a letter stating if date not confirmed by January 29 2016 the date will be released. 2.2 C. Abraham reported on Kitchen Update – Building services and Lions Club presently searching archives for original kitchen plans. Discussion revealed kitchen additions could be 30 to 40 years ago. 2.3 Update from Chair given by Cathy Abraham - reported on break in Xmas Eve. Entry was through west doors, entered Lions Room, Train Room and Bowling Alley. Locks and doors were broken but nothing was taken. Police were fairly sure whoever it was had intimate knowledge of building possibly looking for alcohol. Operations Dept. will be fixing damaged doors and locks. - Municipality has updated smoke detectors. Also some electrical outlets in auditorium and exit signs. Board members S. Rogers, S. DeJong, D. Eastman, W. Woo and W. Partner individually thanked Cathy Abraham for her 23 years of service, commitment and contribution to Newcastle Village Community Hall Board. 2.4 Village Concerts – 2015 report received. Dave Eastman volunteered to liaison with committee - Bert VandenHeuvel, Lorraine Forget, Bob Forget, Lloyd Johnson
3. FINANCIAL REPORT
Motion by S. DeJong, seconded by K. Symak
That the financial report for year end 2015 is accepted as presented “Carried”
4. INVOICES
Motion by W. Partner, seconded by W. Woo
40 That the following invoices for S. DeJong $150.00 S. Fogg $150.00 G. Bell $300.00 for open/close of hall “Carried”
5. CORRESPONDENCE 5.1 Chamber of Commerce AGM Jan 28 – D. Eastman, S. DeJong will attend. Possibly K. Symak and P. Hazelton as well. Board also agreed to purchase Chamber of Commerce membership for 2016. 5.2 Health Dept. distributed new hand washing poster. Will be posted in kitchens. 5.3 Board agreed to purchase CBOT membership for 2016 5.4 Enbridge Public Awareness Update received for information 5.5 Chamber Insurance Plan – effective January 1 2016 paramedical services will have an overall combined maximum equal to $2500.00 per certificate (per family) each calendar year. 5.6 Gift of Art offering advertising for $100.00 (see attached)
Motion by K. Symak, seconded by W. Partner
That we enter into agreement with Gift of Art for advertising at a cost of $100.00 “Carried”
6. HEALTH & SAFETY Received for information – copy will be sent to Operations Dept.
7. FUNDRAISING 7.1 G. Bell reported that Jewelry Extravaganza profits were down from prior years. This fundraiser may have run its’ course. 7.2 Hotel California concert is SOLD OUT once again. Volunteers needed for night of event. S. DeJong, D. Eastman, S. Rogers, K. Symak and P. Hazelton volunteered. 7.3 Discussed need for new chair of fundraising committee as B. Carmichael is no longer on board. Presently G. Bell is only member of committee. K. Symak volunteered to chair committee.
8. NEWCASTLE’S OF THE WORLD - no updates at this time.
9. NEW BUSINESS 9.1 Lions Club has double booked their room for February 23. Would like use of Centennial Room on February 23 for the Big Brothers/Sisters bowl off for signing in.
Motion by D. Eastman, seconded by W. Woo
That Centennial Room is donated to Big Brothers for bowling for dollars. “Carried”
9.2 Installation of overhead fan in bowling alley requested by D. Forget – quote from Moore Electric came in at $1200.00. Board directed secretary to obtain second quote. 9.3 Doors Open June 11 2016 – although we have a wedding booked for this day the board would like to participate. Visitation will be worked around the wedding reception so
41 that there is no interference with their event. S. DeJong and P. Hazelton will work with committee to set up. 9.4 Secretary has had request for wedding ceremony in Council Chambers on June 18 2016. We have the hall rented out for a reception on same day. Board agreed if ceremony upstairs and pictures could be completed prior to reception time then book the two events. 9.5 G. Bell reported on January 2 2016 wedding that covered 3 days. Required hiring of outside custodial help. S. DeJong, D. Eastman and G. Bell worked 4 hours preparing hall for January 2 reception after New Year’s Eve party by Lions Club. Board thanked them for donating their time. 9.6 Big Brothers/Sisters requesting early delivery of picnic tables to park area. It was agreed as long as this does not interfere with a rental this would be approved. 9.7 Chair asked if any further information re: Masons request for elevator. As per K. Symak The lodge is investigating a chairlift at a cost of $20,000.00. Their contact with Municipality is Councilor Woo. 9.8 Guidelines for closing the hall after an event were handed out to board members.
Adjourned 9:30 pm
Chair Person – Shirley Rogers Date
Secretary – Gabrielle Bell Date
42 NEWCASTLE VILLAGE COMMUNITY HALL BOARD
February 16, 2016 7 pm Council Chambers
Present Were: S Rogers – chair S DeJong D Eastman K Symak P Hazelton W Woo – Regional Councilor W Partner – Local Councilor
Also Present: G. Bell – secretary Ed & Sylvia VanHaverbeke Ann Harley
PRESENTATION BY ED and SYLVIA VANHAVERBEKE Their three children have grown up in Newcastle Village and are now raising their children in Newcastle Village. They have all been married in the hall as well, so have a love for the building. They have generously offered to donate $100,000.00 towards A/C for the building. They realize it will cost much more than this and there may be reasons that it can’t be done. They would be willing to offer their assistance in additional fundraising as well. They would also support the kitchen renovation. Would like to make donation if/when project is approved. They will support the whole building or part thereof i.e. main hall to be included in project. Felt the addition of A/C should not detract from the heritage of the building as it is now. The last assessment is being updated by Operations Dept. in consideration of the donation. A Trillium grant will be considered by the board as well with a lead applicant. If possible Mr. & Mrs. VanHaverbeke would like a response within the next 6 months to a year. Board felt this would not pose a problem. Chair S. Rogers and Mr. VanHaverbeke have already met with Director of Operations to discuss the project. Board members thanked Ed and Sylvia for their very generous offer.
PRESENTATION BY DR HO As Dr. Ho did not respond to email to confirm his attendance and did not appear this presentation will be rescheduled if requested.
PRESENTATION BY ANN HARLEY – GIFT OF ART Discussed rate for play put on by Gift of Art drama class on April 14/15. Rental would be for 4 hours each evening, April 14 would be rehearsal only and April 15 presentation of the play. Sets would be left over night. This is not exclusive to children. Fee is charged for entrance $8.00 - $10.00, they usually break even. Audience is about 200. Cast about 15. Board will discuss and be in touch.
Board discussed pricing within new 2016 rental rates.
Motion by S. DeJong seconded by D Eastman
Rental fee for meeting $200.00 would be charged for rehearsal on April 14 and $525.00 fee (funeral reception, anniversary tea, etc.) for April 15. “Carried”
43 MINUTES
1.1 Motion by D Eastman, seconded by W. Partner
That minutes of November 2015 are accepted as circulated. “Carried”
Motion by S. DeJong, seconded by W. Woo
That the minutes of January 19, 2016 are accepted as circulated. “Carried”
BUSINESS ARISING
2.1 Motion by D. Eastman, seconded by W. Partner
That we accept quote of $141.25 from K.R. Electrical Services for installation of ceiling fan in bowling alley. 1 opposed “Carried”
G. Bell will also obtain quote for 220V outlet on stage for concerts and outlets in office.
2.2 Open Doors Event June 11 2016 – S. DeJong reported that Lions and Historical Society will be participating. K. Symak advised Durham Lodge 66 will be participating. Resend email to P. Hazelton with contact information for Doors Open committee. He will make contact with Bernice Norton to discuss plans in detail. 2.3 As discussed at January meeting G. Bell has booked 2nd wedding on June 18 2016 to be held in Council Chambers. This couple will be finished their ceremony and pictures, prior to the wedding couple using the main hall’s arrival for their reception. There should be no overlap of the two weddings.
FINANCIAL REPORT
3.1 Motion by W. Woo, seconded by K. Symak
That the financial report is accepted as presented. “Carried”
INVOICES
4.1 Motion by W. Partner, seconded by P. Hazelton
That the following invoices for closing S. Fogg $300.00 “Carried”
CORRESPONDENCE
5.1 Little Caesars Pizza/Harvey’s contacted office with advertising opportunity – received for information. 5.2 Canadian Blood Services letter received for information. Letter passed to K. Symak to ensure Durham Lodge 66 has information as well, as Blood Donor Clinic is their initiative.
44 5.3 CPR “Family & Friends CPR Anytime” box has been placed at AED site by Municipality. 5.4 PAD Update received for information. 5.5 Municipality +55 Active Adults update received for information.
HEALTH & SAFETY
6.1 Received for information – copy to be forwarded to Operations Dept.
FUNDRAISING
7.1 Hotel California – G. Bell reported plans are on track. P. Hazelton, K. Symak, S. Rogers, D. Eastman and S. DeJong have all volunteered to help the night of.
NEWCASTLE’S OF THE WORLD
8.1 Moving forward with plans – draft schedule of the week’s itinery being planned.
KITCHEN UPDATE
9.1 Discussed what we would like to see done in kitchen. It was agreed that a walk in cooler for the bar room would not be considered in the plans. G. Bell will start to gather quotes for flooring, cupboards, counters, etc. Discussed target date of January 2017 to begin construction.
NEW BUSINESS
10.1 G. Bell asked for direction on rental rate for Feathers Studio – they would like use of hall for a small dance (ballroom) on a Friday evening. Board agreed they would have to be charged the 2016 Friday rental fee of $800.00. The size of their event could not be taken into consideration for rental fee. 10.2 Social Media - P. Hazelton and G. Bell will go over Social Media for the hall i.e. adding twitter, Instagram and discuss updating. P. Hazelton noted we may be missing a demographic within Newcastle for use of the hall. 10.3 G. Bell asked board to discuss a fee for photographers that would like to use the grounds and inside hall for photography sessions only.
Motion by W. Woo, seconded by K. Symak
That use of hall and grounds for photography only fee will be $100.00/hour includes gardens and 1st and 2nd floor only. “Carried”
10.4 P. Hazelton requesting meeting space at Newcastle Hall for NVMHA meetings held once a month on a Thursday. Is board open to a reduced rate for an ongoing rental? As P. Hazelton is presently president of NVMHA he volunteered to leave meeting so board could discuss. Board members were unanimously agreed that rate could not be reduced from the $50.00 fee. We have regular renters i.e. yoga class paying fee according to the 2016 fee guide. We need to adhere to the fee guide.
45 10.5 G. Bell reported Fall Festival will be on a smaller scale but would like use of hall. We will hold date of Oct 2 2016. K. Symak will be in contact with Joyce King of BIA to stay up to date on plans. 10.6 S. Rogers advised Accessibility training will need to be taken by new board members P. Hazelton and K. Symak. Secretary will contact Janette Wynott to set up training as it is not available on line anymore. W. Partner explained what was involved in accessibility training. G. Bell also advised they would need AED training when it is offered again. 10.7 D. Eastman spoke about Concerts In Park. He is now signing authority – only one signature required. They would like to increase payment to bands from $300 to $400. They have applied for grant from Municipality. Secretary to invite committee to March meeting to go over committee rules. 10.8 D. Eastman suggested that we acknowledge C. Abraham’s contribution to board over 23 years. It was also noted that Pete DeJong’s service needs to be acknowledged as well. Board members will discuss further at March meeting. 10.9 D. Eastman suggested we have back up for S. Fogg – C. Green who helped out beginning of January 2016 has said he would be available on an on call basis.
Motion to adjourn D. Eastman, seconded by S. DeJong 9:06 pm
Shirley Rogers – Chair
Gabrielle Bell - Secretary
46 NEWCASTLE VILLAGE COMMUNITY HALL BOARD
June 21 2016 7 PM Council Chambers
Present Were: Shirley Rogers – chair Sierd DeJong Dave Eastman Kevin Symak Wendy Partner – Local Councilor Willie Woo – Regional Councilor
Regrets From: Peter Hazelton
Also Present: Gabrielle Bell – secretary Fred Horvath – Director of Operations Municipality Rob Groen – Municipal Building & Property Supervisor Ed VanHaverbeke
PRESENTATION on possibility of installing air conditioning in the building.
Mr. Groen presented a slide show (attached) of engineering study done on Newcastle Community Hall a few years ago. Costs have been adjusted to reflect 2016 pricing. Discussion followed with options being put on the table and questions being answered by Mr. Horvath and Mr. Groen. Mr. VanHaverbeke wanted to make it clear that whichever decision the Board makes he and Mrs. VanHaverbeke will respect. The donation will be there even if we are talking a number of years down the road. Mr. Groen will send e-copy for board members. After guests had left board members gave their thoughts on feasibility of this project. All are concerned with the esthetics of the project. Questions to be directed to Mr. Groen - Can ceiling fans be reversed and are there options to remove humidity only? Further discussion tabled until September meeting.
S. Rogers asked Mr. Horvath about plans for retaining wall. They are looking at this project presently. One thought is to remove north driveway and grass it over, take out stairs to adjacent plaza and install a ramp for catering staff to deliver supplies. Sections would be repaired and a railing considered. This is number 1 retaining wall project with his department. He will keep board apprised of plans as they unfold.
Councilor Partner asked chair if Mr. Horvath and Mr. Groen could be invited to stay for the meeting as other items on agenda may require their input i.e. smoking policy. Board agreed to move items up on agenda that may be of interest so that they could be addressed first. This would free up Mr. Groen and Mr. Horvath to leave.
Councilor Partner asked why a meeting was arranged by Durham Lodge Masons with Municipal Accessibility Coordinator Jeanette Whynot and Mr. Groen at the Community Hall to discuss plans for chairlift to second floor, but did not include the Hall Board in this meeting? To clarify hours prior to the meeting the board’s secretary in conversation via email on another matter with Lodge member Sean Keane was invited to attend meeting. Board member Dave Eastman was able to attend on behalf of the
47 board. Councilor Woo explained it was a meeting to gather information. Secretary noted that a letter had been delivered after the meeting with details of same and is included in tonight’s agenda. Board members felt Durham Lodge had circumvented the Hall Board. The Hall Board requested that future requests for meetings pertaining to the hall by their renters be directed to the Hall Board to arrange attendance of appropriate Municipal Staff and Board representative.
1. MINUTES
Motion by D. Eastman, seconded by W. Woo
That minutes of May 17 2016 are accepted as circulated with amendment to item 11.6 which should read “east entrance.” “Carried”
2. BUSINESS ARISING a. Spring Clean Up - S. Rogers reported that D. Eastman, S. Fogg, S. DeJong and herself took 2 loads from basement clean up to Oshawa dump which was closed, so rerouted to Newcastle Salvage. Cost was $90.00 for the dump run. S. Fogg has reported there is one more load to be removed. Discussed portable bar which belongs to the Lions Club and is in furnace room. This has not been used in a number of years. S. DeJong offered it to the board for use in auditorium. Board members felt there was not a need for it. S. DeJong will ask Club if they would like it back in their room or have it removed from building. D. Eastman noted that coat rack from Lions Room is not permitted to be put out into the lower foyer as it is a fire exit hazard. b. Community Building Information Meeting – S. Rogers, D. Eastman, and G. Bell attended. Subjects covered: Financial Guidelines, Director Nancy Taylor – we presently adhere to most of the guidelines i.e. ensure HST # is on invoices to be paid, require 2 quotes for expenditures over $1000.00, receipts for all expenses required, two signatures on cheques and 3 signatures on record at bank for back up. We should make a list of our assets over $5000.00 or useful life over one year. Director Taylor would be available to review our present rental contracts to ensure all areas are covered. Accessibility by Jeanette Whynot was very informative. Social Media – Basia covered Facebook and Twitter explaining how important they are to our business today. Felt both were not necessarily needed if we have a good following on Facebook. Secretary reported that she and P. Hazelton had met and discussed Facebook page for Newcastle Hall. We have expanded to include businesses and sites that may be of interest to the hall and our community. Board members took a look at the site during meeting and felt site looked good. P. Hazelton has requested to be added onto administration to do some tweaking to site. Secretary suggested new eyes would be helpful, if board is not comfortable with 2 administrators it could be done
48 for a few months to see how it works. Board agreed they would prefer only one on administration of site and that all changes or items requested to go on site would be sent to secretary. c. Smoking By-law – secretary discussed smoking by law with Region representative Sherry Fauvelle. Sherry inspected premises and has informed us that no smoking is allowed on patio area as food and beverages are served or taken out there. Signage has been posted to this effect. Smoking may be done out in front of building and the parking lot. As there is no playground in the parkette it is also permitted there. Would we like to create policy of banning smoking on property? Do we need Municipal permission for this? Do we want a specific smoking area? Board discussed and decided to add smoking litter to contract with damage deposit. Receptacles will be supplied and clients will be asked to ensure their guests use them. Councilors will bring this issue up at GGC with the possibility of banning smoking on Municipal Property. d. Village Concerts – meeting scheduled for June 22 with committee to create Terms of Reference. Draft attached.
3. FINANCIAL REPORT
Motion by W. Partner, seconded by S. DeJong
That the financial report is accepted as circulated. “Carried”
4. INVOICES
Motion by W. Partner, seconded by D. Eastman
That the following invoices are paid as presented: S. DeJong – 97.26 flags & closing, G. Bell – 72.11 ink, S. Rogers – $90.17 dump, S. Fogg $530.00 closings “Carried”
Thank you to W. Woo and K.Symak for donating their time to close Durham Lodge Event.
5. CORRESPONDENCE a. Harvest Festival – received for information – possible evening event for fundraising. b. BIA – July 1st celebration regarding sponsorship received for information c. Durham Lodge – Letter received outlining meeting held regarding accessibility d. Public Open House - Draft Official Plan 2016 on June 28 at Bowmanville Library Branch (2 to 4 pm and 6 to 8 pm).
6. RISK MANAGEMENT REPORT Received for information – copy to be sent to Operations Dept.
7. NEWCASTLE’S OF THE WORLD Would like to apply for a multi-day SOP. Board is in agreement that this would be permitted. Alcohol would be stored in secured area for the duration i.e. bar room. NOTW will contact AGCO to get details on applying for this type of permit.
49 During this 5 day event we would request that a board member be available each day. Corn Roast may be held on the Tuesday. A schedule will follow.
8. DOORS OPEN S. Rogers reported in P. Hazelton’s absence. Event was a huge success. Kevin reported hall was beautifully decorated for a wedding. Lots of compliments. Approximately 350 attendees. Ontario Early Years was unaware of event – Secretary has apologized to them for this oversite. P. Hazelton will also be talking with them.
9. KITCHEN OTE is working on design should be available this week. A special meeting may need to be called for board to view.
10. FUNDRAISING Motion by K. Symak, seconded S. DeJong
That we hire Hotel California for April 1 2017 at a cost of $3729.00 and sound company for $1200.00 “Carried”
11. NEW BUSINESS a. NVMHA - has confirmed booking October 29 2016. Due to poor condition hall was left in for October 2015 event board passed following motion:
Motion by W. Woo, seconded by W. Partner
That damage deposit is increased to $500.00 and recommends security One opposed. ‘Carried”
b. Lighting – breakers. D. Eastman, K. Symak and G. Bell will relabel panels as there is confusion with present labelling when turning lights off. c. Weddings – secretary has had requests for day after clean up i.e. Sunday if there is not another booking. Agreed to discuss further at budget meeting, may be added as a new fee. d. Mulch will be ordered at a cost of approximately $500.00 for gardens by Horticultural Society. e. Irrigation System – Municipality has hired a new company Envirturf to maintain the system. They have done quite a bit of repair to the pipes as there were many cuts. The patio area is awaiting a part as the electrical part is not working. This system has a rain detector which will tell the system not to turn on of it is raining. It is very close to the building so not very effective. Company will give us a quote on another type when they finish their repairs. Company is responsible for opening and closing the system each year.
50 f. Discussed issue of storage rooms next to the men’s washrooms in auditorium and projection room on 2nd floor. Mr. Groen reported Fire Inspector requires that the openings in the projection room need to be closed off in case of fire. It was agreed that two openings be closed permanently and the two centre ones be covered but have ability to open for taking photographs and changing flags. Storage Rooms in auditorium will only be used by the Hall Board – a letter will be sent to the Lions Club notifying them that they will no longer have of use of this area. This area is not included in Lions Club rental contract. g. Secretary asked for supervision June 25 – Derek DeJong will be contacted as board members were not available. h. Secretary has had request for fresh cut greenery to be laid out on tables at a function. We are aware a new décor policy is coming from the Municipality which may include the exclusion of this type of décor. Secretary instructed to contact Municipality for details on policy. i. Next meeting will be scheduled for September 27, 2016 as Newcastle’s of the World will be a priority the week prior.
Motion by D. Eastman
That meeting is adjourned at 10:15 PM
Shirley Rogers
Gabrielle Bell
51 NEWCASTLE VILLAGE COMMUNITY HALL BOARD
July 21, 2017 6:30 pm Council Chambers
Present Were: S. Rogers – chair W. Woo – Regional Councilor S. DeJong D. Eastman P. Hazelton
Also Present: G. Bell – secretary
Regrets From: W. Partner – Local Councilor K. Symak
1. Newcastle’s of the World
Committee is requesting permission to hang a Welcome banner on front of building, the week prior to September 12 through to September 25. Approximately 10 x 2.
Motion by D. Eastman, seconded by P. Hazelton
That permission to hang a banner as described on the S.E. side of building is granted. “Carried”
2. Kitchen Renovation D. Eastman and G. Bell presented design purchased from OTE. After some discussion the following motion was made
Motion by S. DeJong, seconded by D. Eastman
That design is accepted; the Community hall would be responsible for purchase of appliances and proposed timeline of start date January 2017 agreed to with confirmation of availability. “Carried”
3. INVOICES
Motion by W. Woo, seconded by P. Hazelton
That the following invoices be paid as presented: S. Fogg $470.00 closings “Carried”
Discussed additional charge $100.00 from D. DeJong for closing that went past 2 am. Secretary will invoice decorator for the additional $100.00
Motion by P. Hazelton, seconded by D. Eastman
52 That the following invoice to be paid: D. DeJong $175.00 closing “Carried”
4. New pump is needed for fountain suggested contacting Barr Roofing for information.
5. Secretary reported 4 cancellations for August 2016. All due to personal issues not problems with the hall. It was noted that we have never had this many cancellations in an entire year let alone one month. All deposits will be retained.
Motion by W. Woo to adjourn at 7:45 pm “Carried”
Shirley Rogers, Chair
Gabrielle Bell, Secretary
53 NEWCASTLE VILLAGE COMMUNITY HALL BOARD
SEPTEMBER 27, 2016 7 PM COUNCIL CHAMBERS
Present Were: Shirley Rogers, Chair Sierd DeJong Dave Eastman Willie Woo, Regional Councilor
Regrets From: Wendy Partner, Local Councilor Kevin Symak Peter Hazelton
Also Present: Gabrielle Bell – secretary
1. MINUTES
Motion by D Eastman seconded by S DeJong
That minutes of June 21 2016 are accepted as circulated. “Carried”
Motion by S DeJong seconded by W Woo
That minutes of July 21 2016 are accepted as circulated. “Carried”
2. BUSINESS ARISING a) Village Concert has accepted Terms of Reference b) Irrigation System has been fixed for this year. Bills are quite high due to dry summer. c) A/C discussion tabled d) Brickwork cleaning tabled
3. FINANCIAL REPORT
Motion by S DeJong seconded by D Eastman
That the financial report is accepted as circulated. “Carried”
4. INVOICES
Motion by W Woo seconded by D Eastman
That the following invoices be paid as presented: S. Fogg $620.00 closings, S DeJong $10.00 f
54 S. Fogg - 620.00 closings G. Bell - 43.51 S DeJong 10.00 flag repair “Carried”
5. CORRESPONDENCE a) CBOT newsletter received for information b) BBBS thank you letter received for information c) Municipal notice of Budget Meeting Structure and Timetable received for information d) Durham Lodge 66 AFM requesting use of Main Hall for their Wednesday night dinner. Motion by S DeJong, seconded by D Eastman
That Main Hall may be used for October meeting for $100.00. Board will review at budget time to re- evaluate. “Carried”
6. RISK MANAGEMENT REPORT
Received for information – copy to be sent to Operations Dept.
7. NEWCASTLES OF THE WORLD A water color of hall has been donated by NOTW. There may be other gifts donated to the hall for display. Shirley wanted to commend the Town employees from the Operations Department for their assistance during the week, especially on the Tuesday of the corn roast. Suggest that chair fill out customer service survey on line for Municipality. Shirley and Dave both reiterated what a great committee brought the week together and the entire conference was a huge success. On behalf of committee thank you to S DeJong for ceiling treatment. Custodial staff S Fogg was outstanding with helping out.
8. KITCHEN RENO Met with Operations Dept. and went over plan. Some areas of concern have been pointed out such as permits, placing of oven and funding. Suggested that we continue to fundraise and look at timeline for January 2018. This is a 3 week project so we will need to block off 3 weeks which we do not have in January 2017. Board agreed to delay to January 2018 blocking off 3 weeks and finish plans with OTE. Continue to fundraise to meet goals.
9. FUNDRAISING 10. Meeting of committee is being scheduled.
11. NEW BUSINESS a) Bowling Alley – found a baby snake and removed it to outside. Also asking for east stairs to be painted.
55 b) Director of Operations will be attending October 18th meeting to present the policy and procedures manual. c) Secretary to purchase kitchen supplies d) Budget meeting scheduled for October 17 at 6 pm includes dinner e) Parking lot wall – Shirley reported that Dave, Shirley, Gabrielle met with Operations Director F. Horvath and staff Steve Brake and Ron Albright, engineering. Proposed removing laneway and slope it down to adjoining property. Put in grass and walkway. Remove stairs and put in ramp for caterers to enter by back door to kitchen. Would like to negotiate with neighbours for two parking spots for caterers to unload. Fencing along east end of wall in parking lot. f) Decorator is considering selling his business to hall custodian’s spouse. Chair feels this could be a conflict. Board member Kevin Symak is working on proposal to have the hall supply decorating to increase income for maintaining the hall. This will be discussed in detail at budget meeting. Conflict issue was discussed in depth. g) Santa Parade committee is asking permission to put banner on building for this event. h) Motion by W. Woo, seconded by S DeJong
That banners will not be permitted on building. “Carried” i) Permission granted for Santa Parade committee to use main hall from 3 – 8 pm for make-up of children participating in parade. j) W. Woo will look into obtaining 4 curb green bins. k) Operations Dept. delivered a new garbage bin. l) October 2 close – S DeJong will do m) CBOT dinner on October 6 – D Eastman, S DeJong, G Bell will attend. Tickets are $65.00 board will pay for these.
Motion to adjourn 8:50 pm by D Eastman
Shirley Rogers, Chair
Gabrielle Bell, Secretary
56 NEWCASTLE VILLAGE COMMUNITY HALL BOARD
NOVEMBER 15, 2016 7 PM COUNCIL CHAMBERS
Present: Shirley Rogers, Chair Sierd DeJong Dave Eastman Kevin Symak
Regrets From: Wendy Partner, Local Councilor Willie Woo, Regional Councilor Peter Hazelton
Also Present: Gabrielle Bell, secretary
1. MINUTES
Motion by D. Eastman, seconded by S. DeJong
That minutes of October 18, 2016 are accepted as circulated. “Carried”
2. BUSINESS ARISING - No update on Lodge A/C - Brickwork cleaning in progress - Lions have notified us that they will not be able to decorate gazebo as they do not have enough volunteers. - Dave and Shirley will put up Christmas lights around the building in time for Santa Parade on Nov. 20 - Motion by S. DeJong, seconded by D. Eastman - That budget of $300.00 is allocated to outdoor lighting. “Carried”
- K. Symak presented preliminary thoughts on main hall décor. Had samples to look at. We will need to incorporate cost of making ceiling treatment, lights, etc. Estimate it may cost in neighbourhood of $1500 - $2000. Discussed fees and what items we would like to offer. More detailed report to follow. Would like to have décor package implemented within 6 months.
3. FINANCIAL REPORT
Motion by D. Eastman, seconded by K. Symak
That the financial report is accepted as circulated. “Carried”
4. INVOICES
Motion by D. Eastman, seconded by K. Symak
That the following invoices be paid as presented: S. Fogg $375.00, C. Fogg $60.00, D. DeJong $150.00
57
5. CORRESPONDENCE a) Municipal letter from Finance Dept. re: Budget Guidelines - required 5 year projection 5 year plan presented - board agreed it was acceptable to be submitted to Municipality b) Official Plan Amendment No. 107 received for information c) Received notification from Municipality regarding appointments to board for January 2017. Applications due by November 21 2016.
6. RISK MANAGEMENT Received – copied to Operations Dept.
7. FUNDRAISING a) Balance in account is $31,909.87 – 2018 kitchen reno b) Committee has met and started plans for Hotel California Concert. Tickets have been ordered from Village Print ($50.00) Ticket sales will begin in December. Board agreed to ask Fred Horvath to MC. c) Update on kitchen reno – meeting with Jeff in December to finish report. Will also be pricing out appliances.
8. NEW BUSINESS a) Water Bill Sept to Nov came in at $1186.04 which is more than double from last year. Toilets need to be checked for leaks. K. Symak, S. DeJong, D. Eastman will meet at 10 am Nov 16 to check water meter and toilets for leaks. b) Snow removal 2016/2017 Motion by S. DeJong, seconded by K. Symak
That quote for snow removal from Foss Maintenance is accepted. “Carried”
c) No official meeting in December. Christmas dinner scheduled for December 19 6:30 pm at Old Newcastle House
Motion to adjourn S. DeJong 8:34 pm
Shirley Rogers, Chair
Gabrielle Bell, Secretary
58 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY M I N U T E S N O. 1 ANNUAL AUTHORITY MEETING Tuesday, January 17, 2017 - 4:30 P.M. MEETING LOCATION: REGION OF DURHAM HEADQUARTERS BOARDROOM LLC, 605 ROSSLAND ROAD EAST, WHITBY
Present: Don Mitchell, Chair Bob Chapman, Vice Chair Joe Drumm Adrian Foster Derrick Gleed Ron Hooper Joe Neal John Neal David Pickles Nester Pidwerbecki Tom Rowett
C. Darling, Chief Administrative Officer H. Brooks, Director, Watershed Planning & Natural Heritage R. Catulli, Director, Corporate Services G. Geissberger, Marketing & Communications Coordinator D. Hope, Land Management & Operations Supervisor C. Jones, Director, Planning & Regulations P. Lowe, Director, Community Engagement P. Sisson, Director, Engineering & Field Operations M. Stauffer, Administrative Assistant/Recording Secretary
Excused: John Aker Shaun Collier Gerri Lynn O’Connor Elizabeth Roy
The Chair called the meeting to order at 5:01 p.m. WELCOME & INTRODUCTION Chair Mitchell, welcomed guests, staff and members to the 60th Annual Authority General Meeting and introduced CLOCA’s Board of Directors.
GREETINGS Lorne Coe, MPP Whitby-Oshawa, presented Chair Mitchell and Chris Darling, CAO, with a certificate of congratulations to the Authority.
Jennifer French, MPP Oshawa, congratulated and thanked CLOCA staff and members for their work and accomplishments.
Councillor Gleed presented a certificate of appreciation on behalf of Regional Chair, Roger Anderson, and the Durham Regional Council.
Chris Darling, CAO, made a presentation, looking back at the 1st AGM (attached as H-1 to H-3)
PRESENTATIONS Dianne Saxe, Environmental Commissioner of Ontario, made a presentation (attached as H-4 to H-49)
cont’d
59 AUTHORITY ANNUAL MEETING MINUTES – JANUARY 17, 2017 – Page 2
2016 YEAR IN REVIEW – Chair Mitchel remarked on CLOCA’s 2016 accomplishments: “It has been a pleasure to serve as Chair of Central Lake Ontario Conservation in 2016 and I would like to share with Board Members, guests and staff, a number of this year’s highlights which significantly support CLOCA’s Strategic Plan and vision of Healthy Watersheds for Today and Tomorrow. CLOCA issued 220 permits under the Ontario Regulation 42/06 to help protect the environment and people and property from natural hazards We undertook environmental restoration in the Enniskillen and Enfield Conservation Areas. CLOCA won the Conservation Area Workshop Innovation Award for the development of a simulated water drainage sandbox. Championed the Waterfront Regeneration Trust and the CN Railway to receive a Durham Environmental Advisory Committee Award for contributions to the health and wellness of our watersheds. Produced 1250 litres of Maple Syrup from 1200 taps at Purple Woods Conservation Area for a record breaking season Removed 500 Hazard Trees and as part of forest management plan, harvested 75 hectares of pine and spruce plantations at Long Sault Through our environmental monitoring program identified several Species at Risk Piping Plovers, American White Pelican, Bald Eagle, Bobolink and Bank Swallow, just to name a few. In partnership with Ducks Unlimited Canada, Ontario Federation of Anglers and Hunters and the Royal Ashburn Golf Club, raised $20,000 for wetland education. We planted 22,616 native trees on our lands in partnership with CN Railway, TD Tree Days and the RBC Foundation to restore 16 hectares of forest. We addressed Invasive Species in our watershed with 2 new active management projects for phragmites in Whitby and Clarington and we hosted 3 hands on workshops. For the 8th year in a row, we hosted a summer student in partnership with the Ontario Federation of Anglers and Hunters to deliver invasive species awareness programs to our watershed. We experienced extreme drought conditions in 2016, issuing 2 low water responses and collected monitoring data on conditions like dry creek tributaries, wetlands, ponds and low groundwater levels. With the assistance of the National Disaster Mitigation Program we initiated several studies to build a solid foundation for informed mitigation investments to reduce or negate the effects of flood events in the future. CLOCA hatched 54 native snapping turtles in partnership with 2 volunteers who participated in our nesting protection program in local wetlands. We continued to undertake significant restoration efforts for Oshawa Second Marsh, McLaughlin Bay and Bowmanville Marsh to improve habitat, water quality and quantity and public access features. Engaged 3,458 grade 4 and high school students, at the 19th annual Durham Children’s Groundwater Festival. 1082 volunteers contributed an estimated 5,685 hours of their own time in community stewardship activities in our watersheds. With our partners, we hosted 19 corporate events, provided 21 community and corporate presentations, attended 15 community events, delivered 9 curriculum based education programs to 13,058 students, produced 6 corporate communication products, engaged 954 volunteers who provided 5,429 hours of their time, and we hosted 440 people in our summer camp programs in partnership with the YMCA GTA and OPG Darlington.”
cont’d
60 AUTHORITY ANNUAL MEETING MINUTES – JANUARY 17, 2017 – Page 3
At this point, the Chair called a 10-minutes break.
DECLARATIONS of interest by members on any matters herein contained Councillor John Neal noted a conflict with Staff Report #5502-17, Permit #O16-345-GBH, Oshawa PUC Networks, as his spouse is an employee. Councillor Neal neither took part in discussion nor voted on the matter.
ADOPTION OF MINUTES Res. #1 Moved by B. Chapman Seconded by N. Pidwerbecki THAT the Authority minutes of November 15, 2016 be adopted as circulated. CARRIED
ELECTION OF OFFICERS The 2016 elected officers vacated their positions, and C. Darling, Chief Administrative Officer, officiated the 2017 election of Chair.
Res. #2 Moved by B. Chapman Seconded by A. Foster THAT in the event of a vote by ballot, Patricia Lowe and Perry Sisson be designated as scrutineers; and further that all election ballots be destroyed. CARRIED
Authority Chair C. Darling made three calls for nominations, noting no seconder is required.
Nominations: D. Gleed nominated D. Mitchell
Res. #3 Moved by A. Foster Seconded by J. Drumm THAT nominations for the position of Authority Chair be closed. CARRIED D. Mitchell “stands”. D. Mitchell was declared Authority Chair for 2017 and conducted the remainder of the meeting.
Authority Vice-Chair D. Mitchell made three calls for nominations.
Nominations: J. Drumm nominated B. Chapman
Res. #4 Moved by J. Drumm Seconded by D. Gleed THAT nominations for the position of Authority Vice-Chair be closed. CARRIED cont’d
61 AUTHORITY ANNUAL MEETING MINUTES – JANUARY 17, 2017 – Page 4
B. Chapman “stands”. B. Chapman was declared Authority Vice-Chair for 2017.
SIGNING OFFICERS Res. #5 Moved by A. Foster Seconded by R. Hooper
THAT the Signing Officers of the Authority be any two of the following: The Chair, Vice- Chair, Chief Administrative Officer/Secretary-Treasurer, and Director of Corporate Services. CARRIED
SOLICITORS Central Lake Ontario Conservation Authority utilizes the services of six (6) legal firms: Beard, Winter – flood plain regulation advice and litigation Borden Ladner Gervais – property tax and related matters Boychyn & Boychyn – real estate and property transactions Gardiner, Roberts – land related matters – planning and regulation matters Hicks, Morley – employment and labour related matters Littler Canada - legal matters for personnel/human resources
Res. #6 Moved by B. Chapman Seconded by D. Pickles
THAT the firms Beard, Winter, Toronto; Borden Ladner Gervais, Toronto; Boychyn & Boychyn, Oshawa; Gardiner, Roberts, Toronto; Hicks Morley, Toronto; and Littler Canada be appointed Solicitors for the Authority, as required. CARRIED
BORROWING BY-LAW Res. #7 Moved by A. Foster Seconded by D. Pickles
THAT the Central Lake Ontario Conservation Authority’s signing officers are hereby authorized on behalf of the Central Lake Ontario Conservation Authority to borrow from time to time, from the banking institution under agreement with the Central Lake Ontario Conservation Authority, up to $1,000,000 to meet current expenditures until Provincial grants and/or Regional funding are received, with interest as may be determined by agreement between the bank and the Central Lake Ontario Conservation Authority. CARRIED
CONSERVATION ONTARIO COUNCIL Res. #8 Moved by A. Foster Seconded by T. Rowett
THAT the Chair be appointed as the Authority’s representative on the Conservation Ontario Council. Alternative designates are the Vice-Chair and the Chief Administrative Officer. CARRIED cont’d 62 AUTHORITY ANNUAL MEETING MINUTES – JANUARY 17, 2017 – Page 5
ENFORCEMENT OFFICERS (i) Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation #42/06
Res. #9 Moved by B. Chapman Seconded by T. Rowett
THAT P. Sisson, T. Aikins, S. Gauley, J. Hetherington, C. Jones, J. Burgess, W. Coulter and M. Guindon be appointed Enforcement Officers under the Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation #42/06. CARRIED
(ii) Conservation Areas Regulation #101/92
Res. #10 Moved by B. Chapman Seconded by T. Rowett
THAT T. Backus, H. Hirschfeld, J. Maas, B. De Waal and D. Hope be appointed Enforcement Officers under the Conservation Areas Regulation #101/92. CARRIED
CORRESPONDENCE
(1) Correspondence from Glen Murray, Minister of Environment & Climate Change (Agenda pg. 1) Re: Durham Region’s Proposal for Ontario Climate Change Resilience Fund
A.Foster inquired about the availability of funds. C. Darling noted that CLOCA staff are meeting with Regional staff on January 18, 2017.
Res. #11 Moved by A. Foster Seconded by D. Pickles
THAT the correspondence be referred to Brian Kelly of the Region of Durham to review and clarify available funds. CARRIED
(2) Minutes from Conservation Ontario Council Meeting #4/16 (Agenda pg. 3) December 5, 2016
Res. #12 Moved by N. Pidwerbecki Seconded by T. Rowett
THAT the above correspondence items be received for information. CARRIED
cont’d
63 AUTHORITY ANNUAL MEETING MINUTES– JANUARY 17, 2017 – Page 6
DEVELOPMENT REVIEW & REGULATION (1) Staff Report #5502-17 (Agenda pg. 13) Re: Permits Issued for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses - November 1 to December 31, 2016
Councillor John Neal noted a conflict with Staff Report #5502-17, Permit #O16-345-GBH, Oshawa PUC Networks, as his spouse is an employee. Councillor Neal neither took part in discussion nor voted on the matter.
Res. #13 Moved by R. Hooper Moved by T. Rowett
THAT Staff Report #5502-17 be received for information. CARRIED
(2) Staff Report #5505-17 (Agenda pg. 17) Re: Finalized Provincial Excess Soil Management Policy Framework
Councillor Drumm and John Neal requested that copies of the Policy Framework be made available to their municipal staff.
Res. #14 Moved by N. Pidwerbecki Seconded by John Neal
THAT Staff Report #5502-17 be received for information. CARRIED
DIRECTOR, ENGINEERING AND FIELD OPERATIONS (1) Staff Report # 5504-17 (Agenda pg. 61) Re: Canada 150 Community Infrastructure Program - Heber Down Conservation Area
Res. #15 Moved by J. Drumm Seconded by B. Chapman
THAT Staff Report #5504-17 be received for information. CARRIED
DIRECTOR, CORPORATE SERVICES (1) Staff Report #5503-17 (Agenda pg. 65) Re: BDO Canada Audit of Financial Statements for the Year Ended December 31, 2016
Res. #16 Moved by T. Rowett Seconded by A.Foster
THAT the letter from Nigel A.C. Allen, BDO Dunwoody Canada LLP be received; and, THAT Nigel A.C. Allen be advised that the Board of Directors is not aware of any matters related to increased risk, fraud or errors on behalf of management processes. CARRIED cont’d
64 AUTHORITY ANNUAL MEETING MINUTES– JANUARY 17, 2017 – Page 7
CHIEF ADMINISTRATIVE OFFICER (1) Staff Report #5501-17 (Agenda pg. 80) Re: Common Membership – Different Boards
Res. #17 Moved by B. Chapman Seconded by N. Pidwerbecki
THAT the Chair, Vice Chair and members of the Central Lake Ontario Conservation Authority for 2017 be the Chair, Vice Chair and members of the Central Lake Ontario Conservation Fund for 2017 and the Chair, Vice Chair and members of the Central Lake Ontario Source Protection Authority for 2017. CARRIED
MUNICIPAL AND OTHER BUSINESS - NONE
ADJOURNMENT Res. #18 Moved by B. Chapman Seconded by A. Foster
THAT the meeting adjourn. CARRIED
The meeting adjourned at 6:31 p.m.
65 Durham Youth Council Believe in Youth
January 11, 2017
Mr. Albright,
On behalf of the Durham Youth Council, I would like to applaud your efforts, and the efforts of your team, in composing the Clarington Transportation Master Plan.
Extensive endeavours undertaken to elicit public and stakeholder feedback deserve special recognition. Feedback from community members is reflected in the Plan, and we are pleased to see the Municipality continue to respond to concerns and suggestions from residents.
While public transit is not under the purview of lower-tier municipalities, we appreciate its inclusion in the Plan. Public transit is a major factor influencing the livability of a community, especially for youth and young families, and as Clarington continues to grow and plan for its future, we are supportive of the steps being taken to enhance and expand the accessibility and availability of public transit.
In addition, we are happy to see the bold commitments that Clarington is making with regards to active transportation, the most notable being the construction of new trails and separated bike lanes. The steps outlined in the Plan will allow residents both young and old to enjoy everything that Clarington has to offer.
As a whole, we view the Clarington Transportation Master Plan positively, and look forward to its implementation.
Yours in community service,
Kyle Fitzgerald Tenzin Shomar Chair, Durham Youth Council Deputy Chair, Durham Youth Council Youth Councillor, City of Oshawa Youth Councillor, Municipality of Clarington
Cc: Clarington Municipal Council
66 67 68 69 70 Ministry of Agriculture, Ministère de l’Agriculture, de Food and Rural Affairs l'Alimentation et des Affaires rurales
Office of the Minister Bureau du ministre
77 Grenville Street, 11th Floor 77, rue Grenville, 11e étage Toronto, Ontario M7A 1B3 Toronto (Ontario) M7A 1B3 Tel: 416-326-3074 Tél. : 416 326-3074 Fax: 416-326-3083 Téléc. : 416 326-3083
January 30, 2017
His Worship Adrian Foster Mayor Clarington c/o [email protected]
Dear Mayor Foster:
On behalf of the Ontario government, I am pleased to announce the launch of the renewed community-focused Rural Economic Development (RED) program. Applications are now being accepted for the program and the current intake will conclude on March 31, 2017.
As we have heard from our municipal partners, the RED program helps remove barriers to economic development for communities in rural Ontario. This program is designed to help rural communities become better positioned to attract investment, retain and create jobs, and sustain a highly skilled workforce.
The renewed RED program is part of a range of initiatives that address infrastructure, health care, education and other issues of importance to rural Ontario residents. The Ontario government supports rural communities by delivering on its commitment to create jobs, make economic growth more inclusive and ensure Ontario's growing economy delivers real benefits in the lives of workers and families.
Applications are welcome from rural communities, Indigenous communities and organizations, regions and not-for-profit organizations. While partnerships are not required, we are encouraging collaborative approaches to create more competitive and diverse rural and regional economies across the province.
For more information visit ontario.ca/REDprogram or contact the Agricultural Information Contact Centre (1-877-424-1300).
…/2
Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2 Bureau principal du ministère: 1 Stone Road West, Guelph (Ontario) N1G 4Y2 71
I look forward to working with you to help strengthen Ontario’s rural economy, create jobs and make everyday life easier for rural Ontarians.
Sincerely,
Original signed by
Jeff Leal Minister of Agriculture, Food and Rural Affairs
Good Things Grow in Ontario À bonne terre, bons produits
72
73 74 75 76 Engineering Services Report
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Report To: General Government Committee
Date of Meeting: February 13, 2017
Report Number: EGD-004-17 Resolution:
File Number: B.02.31.025 By-law Number:
Report Subject: Courtice Mills Subdivision (McMann Cres.), Courtice, Plan 40M-2499 ‘Certificate of Acceptance’ and ‘Assumption By-law’, Final Works Including Roads and Other Related Works
Recommendations:
1. That Report EGD-004-17 be received;
2. That the Director of Engineering Services be authorized to issue a ‘Certificate of Acceptance’ for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2499;
3. That Council approve the by-law attached to Report EGD-004-17 assuming certain streets within adjacent Plan 40M-1744 as public highways; and
4. That all interested parties listed in Report EGD-004-17 be advised of Council’s decision.
77 Municipality of Clarington Report EGD-004-17 Page 2
Report Overview
This report concerns Courtice Mills Subdivision (McMan Cres. It requests Council’s permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume certain streets within adjacent Plan 40M-1744 as public highways.
1. Background
1.1 The Subdivision Agreement
The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered August 8, 2013, with 1494339 Ontario Limited to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-2499 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, referred to here as the ‘Works’.
1.2 The Subdivision Agreement provides for:
a) Initial Works These were issued a ‘Certificate of Completion’ and subsequent ‘Certificate of Acceptance’ by the Director of Engineering Services.
b) Final Works These include all surface works such as curb, sidewalk, boulevards, were issued a ‘Certificate of Completion’ dated October 1, 2015. This initiated a one (1) year maintenance period, which expired on October 1, 2016. The Works were re- inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services.
78 Municipality of Clarington Report EGD-004-17 Page 3
2. Proposal 2.1 Certificate of Acceptance
It is now appropriate to issue a ‘Certificate of Acceptance’ for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the ‘Certificate of Acceptance’ for the Final Works.
2.2 By-law
Further to the issuance of a ‘Certificate of Acceptance’, a by-law is required to permit the Municipality to assume certain streets within adjacent Plan 40M-1744 as public highways (Attachment 2). 3. Concurrence
Not Applicable 4. Conclusion
It is respectfully recommended that the Director of Engineering Services be authorized to issue a ‘Certificate of Acceptance’ for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2499, and that Council approve the by-law attached to Report EGD-004-17 assuming certain streets within adjacent Plan 40M-1744 as public highways. 5. Strategic Plan Application
Not Applicable
Submitted by: Reviewed by: Anthony S. Cannella, C.E.T. Curry Clifford, MPA, CMO Director of Engineering Services Interim CAO
Staff Contact: Tony Ricciardi, Manager of Construction, Engineering Services, 905-623-3379 ext. 2322 or [email protected]
AC/TR/mb/jb
79 Municipality of Clarington Report EGD-004-17 Page 4
Attachments:
Attachment 1 – Key Map Attachment 2 – Proposed By-law
The following is a list of the interested parties to be notified of Council’s decision:
Michael Foley, 1494339 Ontario Limited
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Trulls DATE: February 1, 2017
Courtice DATE: October 22, 2015 REPORT EGD-004-17 COURTICE ATTACHMENT No. 1 FILE NAME: 81 KEY MAP 40M-2499.mxd J:\Attachments\Attachments Post ESRI Upgrade\40M-2499.mxd Attachment 2 to Municipality of Clarington EGD-004-17
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2017- ____
Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington.
The Council of The Corporation of the Municipality of Clarington hereby enacts as follows:
1. That the block shown on Plan 40M-1744, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway, and hereby accepted by The Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use:
Block 28 (0.3 metre reserve)
BY-LAW passed in open session this __ ___ th day of ______2017.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
82 Engineering Services Report
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Report To: General Government Committee
Date of Meeting: February 13, 2017
Report Number: EGD-005-17 Resolution:
File Number: By-law Number:
Report Subject: Report on Building Permit Activity for October, November, and December 2016
Recommendations:
1. That Report EGD-005-17 be received for information.
83 Municipality of Clarington Report EGD-005-17 Page 2
Report Overview
The purpose of this report is to show two things; Clarington building permit activity for the final quarter of 2016, being the months of October, November and December, as well as the total permit numbers for the year in comparison to the same totals for 2015. Total permit numbers capture everything from new residential, commercial, industrial, renovations, demolitions and more. In 2016 we issued a total of 1,181 permits across all categories.
We then look at how many permits were issued specifically for new residential units, since that number has growth implications among other things. In 2016 we issued, 995 new residential permits compared to a total of 931 for 2015.
1. Permits Issued 1.1 Month of October, November, and December
The following is a table showing the number of permits issued and the value of construction in each of the building categories for October, November, and December 2016 and October, November, and December 2015.
Fourth Fourth Quarter Quarter 2016 2015
Building Number Of Value Of Number Of Value Of % Change Of Category Permits Construction Permits Construction Value 2016-2015 Residential 226** $83,850,096 215** $56,099,771 49.5% Industrial 4 $1,010,000 6 $975,000 3.6% Government 4 $635,000 5 $581,000 9.3% Commercial 10 $3,087,060 15 $1,615,682 91.1% Institutional 3 $380,000 3 $625,000 -39.2% Agricultural 7 $953,000 8 $650,764 46.4% Demolition 13 $0 14 $0 N/A Total 267 $89,915,156 266 $60,547,217 48.5%
** Includes all new residential dwelling units as well as accessory structures (detached garage, sheds, etc.), and additions (decks, new additions to a home, etc.)
84 Municipality of Clarington Report EGD-005-17 Page 3
1.2 Year to Date
The following is a table showing the number of permits issued and the value of construction in each of the building categories for year to date 2016 and year to date 2015.
Total for Total for 2016 2015 Building Number Of Value Of Number Of Value Of % Change Of Category Permits Construction Permits Construction Value 2016-2015 Residential 991 $320,328,005 973 $291,322,557 10.0% Industrial 23 $10,162,600 33 $50,155,950 -79.7% Government 9 $1,095,000 10 $1,623,000 -32.5% Commercial 48 $5,645,164 57 $11,629,882 -51.5% Institutional 24 $1,920,000 14 $3,556,475 -46.0% Agricultural 25 $2,184,230 23 $3,557,784 -38.6% Demolition 62 $0 84 $0 N/A Total 1,182 $341,334,999 1,194 $361,845,648 -5.7%
2. Permit Value 2.1 High Value Permits
A measure of economic activity within Clarington may be found in part by looking at the non-residential space, such as industrial, commercial and institutional as well as large multi-unit residential developments such as apartment buildings or condominiums that exceed a construction value of $250,000. The details about such activity in October, November, and December are provided as follows:
Newcastle Southport Ltd. Condominium Building 325 Lakebreeze Drive, Newcastle Value of construction - $2,435,185
Dr. R.J.C.G. Inc. Three-Storey Commercial and Residential Building 2021 Green Road, Bowmanville Value of construction - $5,245,750
85 Municipality of Clarington Report EGD-005-17 Page 4
Dr. R.J.C.G. Inc. Three-Storey Commercial and Residential Building 2021 Green Road, Bowmanville Value of construction - $5,245,750
The Great West Life Assurance Company Restaurant and Retail Building (Shell) 2334 Highway 2, Bowmanville Value of construction - $1,254,760
Rekker Gardens Greenhouse 2004 Regional Road 42, Darlington Value of construction - $330,000
1628873 Ontario Limited Addition to Industrial Building 79 Mearns Court, Bowmanville Value of construction - $800,000
2520649 Ontario Limited Comfort Inn and Suites Hotel 5 Spicer Square, Bowmanville Value of construction - $7,210,800
Municipality of Clarington Vehicle Storage Building 178 Darlington-Clarke Townline Road, Darlington Value of construction - $450,000
Easthill Outdoors Inc. Retail Store and Fire Arms Range 3796 Concession Road 3, Clarke Value of construction - $1,000,000
Ivan B. Wallace Ontario Land Surveyor Limited Interior Alterations to Commercial Building 71 Mearns Court, Bowmanville Value of construction - $600,000
86 Municipality of Clarington Report EGD-005-17 Page 5
Kawartha Pine Ridge District School Board Renovations to Courtice Secondary School Library 1717 Nash Road, Courtice Value of construction - $300,000
2.2 Historical Comparison of Permit Value
The following are bar graphs showing an historical comparison of the building permits issued for the month of October, November, and December and year to date for a three year period.
Historical Data for Months of October, November, and December $120,000,000 $90,000,000 $60,000,000 $30,000,000 $0 $89,915,156 $60,547,217 $46,359,309 Value 2016 2015 2014
Historical Data - Year to Date $400,000,000
$300,000,000
$200,000,000
$100,000,000
$0 $341,334,999 $361,845,648 $291,385,546 Value 2016 2015 2014
87 Municipality of Clarington Report EGD-005-17 Page 6
3. Permit Revenue
The following is a table comparing the permit fees collected in October, November, and December and the year to date 2016 with those collected in October, November, and December and year to date 2015.
2016 2015
October, Year To Date October, Year To Date November, and November, and December December Permit Fees $622,815 $2,453,846 $434,402 $2,547,776
4. Residential Units 4.1 Types of Residential Units
The following is a table comparing the types of new dwelling units issued in October, November, and December and the year to date 2016 and in October, November, and December and year to date 2015.
2016 2015
October, Year to Date October, Year to Date November, and November, and December December Single Detached 148 480 82 490 Semi-Detached 0 2 0 78 Townhouse 0 182 80 99 Apartments 27 331 27 264 Total 175 995 189 931
88 Municipality of Clarington Report EGD-005-17 Page 7
The following are pie charts showing the types of dwelling units issued in October, November, and December 2016 as well as the types of dwelling units issued in the year to date 2016.
Dwelling Unit Type October, Dwelling Unit Type Year To Date November, and December 2016 2016 Semi- Apartment Townhouse Apartment Detached 27 182 304 0 15% 22% 37% 0%
Semi- Single Detached Single Detached Townhouse 2 Detached 148 0 0% 332 85% 0% 41%
Single Detached 148 Single Detached 332 Semi-Detached 0 Semi-Detached 2 Townhouse 0 Townhouse 182 Apartment 27 Apartment 304
89 Municipality of Clarington Report EGD-005-17 Page 8
4.2 Historical Comparison of Residential Units
The following is a table showing the number of new residential units issued in each area of Clarington for the year to date 2016, as well as a comparison of the past ten years.
Year: Year to 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 Date Area 2016 Bowmanville 521 461 420 216 291 360 282 98 340 451 609 Courtice 294 290 153 97 179 312 236 113 134 82 126 Newcastle 149 154 51 92 34 165 37 24 60 77 84 Wilmot Creek 0 0 4 2 2 5 8 9 30 16 15 Orono 0 0 0 1 1 1 1 0 2 1 1 Darlington 7 8 9 12 6 5 8 6 10 6 7 Clarke 15 11 12 6 10 8 6 11 5 11 12 Burketon 0 0 1 1 0 0 1 0 0 0 0 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 2 0 1 2 3 0 3 2 0 0 1 Hampton 1 2 2 0 1 1 0 0 0 1 1 Haydon 0 0 1 0 0 0 0 0 0 0 0 Kendal 0 1 0 0 0 0 1 1 0 1 0 Kirby 0 1 0 1 0 0 1 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 0 0 Maple Grove 0 0 0 0 0 0 0 0 0 0 0 Mitchell Corners 0 0 0 1 1 1 0 0 0 1 0 Newtonville 3 3 3 7 6 3 7 5 7 2 2 Solina 3 0 0 1 3 1 1 5 0 6 3 Tyrone 0 0 0 0 0 1 1 0 5 0 0 Total 995 931 657 439 537 863 593 274 593 655 861
90 Municipality of Clarington Report EGD-005-17 Page 9
5. Inspections
The following is a table showing how many inspections were attended in October, November, and December and the year to date 2016 as well as those attended in October, November, and December and year to date 2015.
2016 2015
October, Year to October, Year to November, Date November, Date and and December December Building Inspections 2,304 8,454 1,859 7,232 Plumbing and Heating Inspections 2,244 9,008 1,781 7,811 Pool Enclosure Inspections 26 152 15 90 Total 4,574 17,614 3,655 15,133
6. Concurrence
Not Applicable 7. Conclusion
The fourth quarter of 2016 saw an increase of 48.5% in the value of construction with one additional permit being issued over the same time period in 2015. The total construction value for the year 2016 was 5.7% lower than in 2015 with 12 fewer permits being issued. In the residential sector, construction value increased by 10% and the number of permits issued increased by 18 permits and the number of units constructed increased by 64 units.
In 2016, 1,434 building permit applications were received which was a record year for the Municipality. This was due in part to an Ontario Building Code amendment which came into effect January 1, 2017 and is applicable to all building permit applications received after January 1, 2017. A number of builders submitted a large number of applications at the end of 2016 so that they could continue to build out their subdivisions under the previous code. We received 248 residential applications in the final quarter of 2016, some of which are multi-unit buildings that have to be finalized, reviewed and issued. We need to be cognizant of the fact that because some applications were for multi-unit buildings we
91 Municipality of Clarington Report EGD-005-17 Page 10
anticipate that these 248 applications will generate a total of 480 permits over the first six months of 2017. 6. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by: Anthony Cannella, Curry Clifford, MPA, CMO Director of Engineering Services Interim CAO
Staff Contact: Brent Rice, Chief Building Official, 905-623-3379 extension 2303 or [email protected]
ASC/br/jo/jb
There are no interested parties to be notified of Council's decision.
92 Engineering Services Report
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Report To: General Government Committee
Date of Meeting: February 13, 2017
Report Number: EGD-006-17 Resolution:
File Number: D.02.32.015 By-law Number:
Report Subject: Oke Woods Subdivision Phase 1B, Courtice, Plan 40M-2391 (part of) ‘Certificate of Acceptance’ and ‘Assumption By-law’, Final Works Including Roads and Other Related Works
Recommendations:
1. That Report EGD-006-17 be received;
2. That the Director of Engineering Services be authorized to issue a ‘Certificate of Acceptance’ for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2391 (part of);
3. That Council approve the by-law attached to Report EGD-006-17 assuming a certain street within Plan 40M-2391 as public highway; and
4. That all interested parties listed in Report EGD-006-17 be advised of Council’s decision.
93 Municipality of Clarington Report EGD-006-17 Page 2
Report Overview
This report concerns Oke Woods Subdivision. It requests Council’s permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume a certain street within Plan 40M-2391 as public highway.
1. Background
1.1 The Subdivision Agreement
The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered November 11, 2008, with Prestonvale Road Land Corp. and Paul Lysyk to develop lands by plan of subdivision, located in Courtice and described as Plan 40M- 2391 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, referred to here as the ‘Works’.
1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages:
a. Initial Works; b. Final Works; c. Street Lighting System; and d. Stormwater Management System (not applicable)
1.3 The Works were divided into Phases 1A and 1B. The Phases 1A and 1B Initial Works and Street Lighting System, and the Phase 1A Final Works were issued ‘Certificates of Completion’ and subsequent ‘Certificates of Acceptance’ by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement.
1.4 The Phase 1B Final Works were issued a ‘Certificate of Completion’ dated September 10, 2015. This initiated a one (1) year maintenance period, which expired on September 10, 2016. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 2. Proposal
2.1 It is now appropriate to issue a ‘Certificate of Acceptance’ for the Phase 1B Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the ‘Certificate of Acceptance’ for the Phase 1B Final Works.
2.2 Further to the issuance of a ‘Certificate of Acceptance’, a by-law is required to permit the Municipality to assume a certain street within Plan 40M-2391 as public highway (Attachment 2).
94 Municipality of Clarington Report EGD-006-17 Page 3
3. Concurrence
Not Applicable 4. Conclusion
It is respectfully recommended that the Director of Engineering Services be authorized to issue a ‘Certificate of Acceptance’ for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2391, and that Council approve the by-law attached to Report EGD-006-17, assuming a certain street within Plan 40M-2391 as public highway. 5. Strategic Plan Application
Not Applicable
Submitted by: Reviewed by: Anthony S. Cannella, C.E.T. Curry Clifford, MPA, CMO Director of Engineering Services Interim CAO
Staff Contact: Tony Ricciardi, Manager of Construction, Engineering Services, 905-623-3379 ext. 2322 or [email protected]
AC/TR/mb/jb
Attachments:
Attachment 1 – Key Map Attachment 2 – Proposed By-law
The following is a list of the interested parties to be notified of Council’s decision:
Hannu Halminen, Prestonvale Road Land Corp.
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Townline e r E.L. P . DATE: Rd. February 3, 2017 DATE: October 22, 2015 Meadowglade Trulls REPORT EGD-006-17 Rd. COURTICE ATTACHMENT No. 1 FILE NAME: Bloor St. 96 KEY MAP 40M-2391.mxd J:\Attachments\Attachments Post ESRI Upgrade\40M-2391.mxd Attachment 2 to Municipality of Clarington EGD-006-17
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2017- ____
Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington.
The Council of The Corporation of the Municipality of Clarington hereby enacts as follows:
1. That the street shown on Plan 40M-2391, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by the Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use:
Rex Tooley Lane (PIN 26595-0268)
BY-LAW passed in open session this __ ___ th day of ______2017.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
97 Operations Report
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Report To: General Government Committee
Date of Meeting: February 13, 2017
Report Number: OPD-002-17 Resolution:
File Number: By-law Number:
Report Subject: Memorial Park Capital Project Over-expenditure Report
Recommendations:
1. That Report OPD-002-17 be received; and 2. That Council approve the capital project over-expenditure incurred with the 2016 sports field rehabilitation completed in Memorial Park, Bowmanville.
98 Municipality of Clarington Report OPD-002-17 Page 2
Report Overview
The purpose of this report is to recommend the approval of $41,126.13 additional expenditures for the rehabilitation of the north softball diamond at Memorial Park in Bowmanville. This over- expenditure requires Council approval as per Corporate Policy G5 – Capital Project Over- expenditures.
1. Background
The over-expenditure of a capital project exceeds the limits set by Corporate Policy for staff approval and therefore requires Council approval. The details of this over- expenditure are set out below.
Quotation No. Q2016-39 was issued on September 9, 2016 for the rehabilitation of the north softball diamond at Memorial Park in Bowmanville. The quotation requested bidder pricing for the repair and replacement of existing line and backstop fencing, the replacement of player’s benches and spectator bleachers, earth engineering to restore field playability and the top soiling and sodding of the outfield surface. The field rehabilitation project was required due to on-going concerns from user groups regarding flooding in various areas of the playing surface and also the presence of trip hazards in the outfield.
On October 6, 2016, quotation no. Q2016-39 was awarded to Dol Turf Restoration Ltd. with a limited scope of works. The project included the earth engineering of the playing surfaces and the top soiling and sodding of the outfield to address flooding and field safety hazards. The total amount of the award was $77,021.29, including HST.
The bid quantities in the quotation had been estimated based on standard outfield dimensions for softball fields and a general understanding of the clay material expected to be present in the in-field area. Despite the estimates, it was determined during the field layout stages that the amount of clay material provided for reclaiming was insufficient. The same was also found for topsoil quantities when the outfield area was regraded.
In accordance with the provisional pricing in the contract, the Municipality received an additional 70 metric tonnes of topsoil and 200 metric tonnes of standard infield mix required to meet minimum field surface grades. This was at a total cost of $27,266.42, net HST.
Further to the requirement for additional topsoil and infield mix, higher quantities of sod was also required. These additional quantities were necessary as the outfield grading
99 Municipality of Clarington Report OPD-002-17 Page 3
had to be extended well beyond the limits of a standard dimensions of a softball field to achieve minimum grades for drainage. The additional sod resulted in total costs of $13,859.71, net HST.
In total, the Sports Field Rehabilitation Project at Memorial Park in Bowmanville was over budget by a total of $41,126.13, net HST. With approval from the Finance Department, the over-expenditure was offset from remaining funds in the Operations Department 2016 current budget for contracted winter sidewalk clearing, account number 100-36-380- 10733-7163. 2. Concurrence
This report was reviewed by Nancy Taylor, Director of Finance/Treasurer who concurs with this recommendation. 3. Conclusion
The sports field restoration work issued under quotation Q2016-39 was completed at Memorial Park on December 2, 2016. Operations Department staff along with a representative from a local sports user group have inspected the newly restored field playing surface and are very pleased with the improvements. However, the improvements exceed the over-expenditure limits set by policy and require Council approval. 4. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by: Frederick J. Horvath Curry Clifford Director of Operations Interim Chief Administrative Officer
Staff Contact: Stephen Brake, Manager of Operations, 905-263-2291 or [email protected]
Interested Parties - None
100 Clerk's Report
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Report To: General Government Committee
Date of Meeting: February 13, 2017
Report Number: CLD-003-17 Resolution:
File Number: By-law Number:
Report Subject: Council Code of Conduct and Appointment of Integrity Commissioner
Recommendations:
1. That Report CLD-003-17 be received;
2. That Guy W. Giorno be appointed as Integrity Commissioner for the Municipality of Clarington, as per the Region of Durham's award to Fasken Martineau DuMoulin LLP (Request for Proposal 1042A-2016) for the provision of Municipal Integrity Commissioner Services for the Municipality of Clarington for a term ending December 31, 2021;
3. That the appointment by-law, being Attachment 1 to Report CLD-003-17, appointing Guy Giorno as Clarington's Integrity Commissioner, and detailing the powers, duties and services of Guy Giorno, be approved;
4. That the Mayor and Clerk be authorized to execute the necessary agreement;
5. That the By-law establishing a new Code of Conduct for Members of Council, being Attachment 4 to Report CLD-003-17, be approved; and
6. That all interested parties listed in Report CLD-003-17 and any delegations be advised of Council's decision.
101 Municipality of Clarington Report CLD-003-17 Page 2 Report Overview
On February 29, 2016, Council approved the appointment of a Municipal Integrity Commissioner, with the Region of Durham’s Integrity Commissioner acting as Clarington’s Commissioner. Staff were instructed to report back at the conclusion of the Region’s RFP process to contract for Integrity Commissioner services. Staff were also directed to review and update the Council Code of Conduct to ensure it is suitable and feasible for use by an Integrity Commissioner. The Region of Durham awarded Fasken Martineau DuMoulin LLP the contract for Integrity Commissioner Services for the Region of Durham with Guy Giorno appointed as Integrity Commissioner. Staff are therefore recommending that Council appoint Guy Giorno, of Fasken Martineau DuMoulin LLP as the Integrity Commissioner for the Municipality of Clarington. Staff are also recommending that Council adopt a proposed new Council Code of Conduct.
1. Appointment of Integrity Commissioner 1.1 Background
1.1.1 Authority to Appoint an Integrity Commissioner
Subsection 223.3 (1) of the Municipal Act, 2001, as amended, grants the authority to municipalities to appoint an Integrity Commissioner who would “report to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to,
(a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them; and
(b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or
(c) both of clauses (a) and (b).”
On February 29, 2016, Council considered Report CLD-010-16 and passed Resolution #C-058-16 as follows:
That Report CLD-010-16 be received;
That Council approve the appointment of an Integrity Commissioner who shall be responsible for performing, in an independent manner, the functions assigned by the municipality with respect to,
(a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them; and
102 Municipality of Clarington Report CLD-003-17 Page 3
(b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them.
That the Region of Durham be advised that Clarington supports the concept of a Regional Integrity Commissioner acting as Clarington’s Integrity Commissioner on a “fee for service” basis;
That any costs that may be incurred in 2016 be funded through the unclassified administration section, with appropriate budget amounts established in future years based on the usage of the Integrity Commissioner as experience is developed;
That Staff report back on proposed amendments to Clarington’s Code of Conduct specifically to include: the appointment of an Integrity Commissioner for the Municipality of Clarington; local boards; to add a “no reprisals or obstruction” section; and to provide for sanctions;
That Staff continue to work with the Region of Durham, as deemed appropriate, in the RFP process to ensure that Clarington’s needs are included in the Regional RFP;
That Staff report back at the conclusion of the RFP process; and
That all interested parties listed in Report CLD-010-16 be advised of Council’s decision.
1.1.2 Region of Durham
The Region of Durham was notified in writing of Council’s decision. On September 21, 2016, the Regional RFP-1042A-2016 was formally issued to receive proposals for the Integrity Commissioner services. The RFP closed on October 20, 2016.
On December 14, 2016, Regional Council considered Report #2016-COW-75 and passed the following resolution (See Attachment 2).
A) That Request for Proposal ("RFP") 1042A-2016 for Municipal Integrity Commissioner Services be awarded to Fasken Martineau DuMoulin LLP for the term January 1, 2017 to December 31, 2021;
B) That Regional Council appoint Guy W. Giorno as the Integrity Commissioner for the Region for the period January 1, 2017 to December 31, 2021 and confirm the appointment with formally passing the attached appointment by-law, as amended at the December 7, 2016 Committee of the Whole meeting, for the Regional Integrity Commissioner attached hereto as Attachment #1 to Report #2016-COW-75;
C) That Regional Council authorize a retainer agreement with Fasken Martineau DuMoulin LLP to provide Integrity Commissioner Services on the payment of an 103 Municipality of Clarington Report CLD-003-17 Page 4
annual retainer and hourly fee for service basis for the period January 1, 2017 to December 31, 2021;
D) That the Regional Chair and Regional Clerk be authorized to execute the retainer agreement as described in Recommendation B) and any other such contractual documents as may be required to give effect to Recommendation A); and
E) That the Regional Clerk circulate Report #2016-COW-75 to the Clerks of the local area municipalities for their review and consideration as to whether they wish to join in on the retainer agreement as described in Recommendation C) above.
1.2 Proposal
1.2.1 Fasken Martineau DuMoulin LLP – Guy W. Giorno – Recommended Proponent
Based on the technical presentation, demonstration and financial evaluation of the compliant bid proposals submitted to the Region of Durham, Fasken Martineau DuMoulin LLP achieved the highest combined score and was recommended for award. On December 14, 2016 Guy W. Giorno was appointed as Integrity Commissioner for the Region of Durham.
Although Clarington staff were not involved in the selection of the particular proponent, staff are confident in the procurement process undertaken by the Region of Durham and therefore recommend that Council appoint Guy W. Giorno of Fasken Martineau DuMoulin LLP as Integrity Commissioner for the Municipality of Clarington for the term ending December 31, 2021.
1.2.2 Financial Implications
The Region of Durham has confirmed that the $900.00 retainer fee (to cover the Region of Durham and any participating municipalities within the Region) will be paid by the Region for the term of this initial contract (i.e. until December 31, 2021).
The retainer fee will include all initial steps to process a complaint up to the stage where if the complaint is to be dismissed, a letter to be sent to the complainant indicating as such and that the file will be closed. Any work beyond that (ie. where an investigation is undertaken) would not be included under the retainer fee. The retainer will also include one annual report to Clarington Council.
The Municipality of Clarington would be required to pay any service fees at a rate of $239.00 per hour for complaints made to Guy W. Giorno, at the point that he decides that a complaint warrants a formal investigation, which pertain to Clarington and for any special project requests. The volume of calls/complaints cannot be predicted at this time. As there are cost implications to this appointment, an initial value of $2000.00 has been added to the 2017 operating budget and this value will be adjusted year to year as experience is gained pertaining to the volume of activity in this area. 104 Municipality of Clarington Report CLD-003-17 Page 5
1.2.3 Complaint Process and Reporting Relationship
The Complaint Procedures detail the steps for receipt, investigation, and resolution of complaints and is included as Appendix A to the Council Code of Conduct (Attachment 4 to this Report). 2. Council Code of Conduct 2.1 Background
On November 23, 2009 Council enacted By-law 2009-163, being a by-law to establish the Council Code of Conduct. This by-law was amended in December 2015. A copy of the current consolidated Council Code of Conduct is included in this Report as Attachment 3. The existing Council Code of Conduct does not refer to an Integrity Commissioner nor does it include any sanctions. It therefore needs to be updated. As per Council direction, staff undertook a review of Clarington’s Council Code of Conduct.
2.2 Proposal
Staff recommends that a draft new Code of Conduct as set out in Attachment 4 to Report CLD-003-17, which includes reference to the Integrity Commissioner, a “no reprisals or obstruction” section, and provides for sanctions, be approved by Council to replace the existing Code.
The draft new Code of Conduct is consistent with the provisions of the model form of Code of Conduct (previously presented to Council as an attachment to Report LGL-007- 13) and is similar to the Region of Durham’s Council Code of Conduct. It includes some of the proposed changes identified in Bill 68 (summarized in Attachment #2 to Regional Report 2016-COW-75 being Attachment 2 to Report CLD-003-17).
(Bill 68 -- Modernizing Ontario’s Municipal Legislation Act, 2016, proposes changes to the role of the Integrity Commissioner. While Bill 68 is currently in second reading undergoing debate in the Ontario Legislature, the recommended draft new Code of Conduct includes proposed changes, specifically those directly dealing with the Council Code of Conduct, as identified in Bill 68. The Bill 68 proposed changes which speak to the Municipal Conflict of Interest Act and the role of the Integrity Commissioner have not been included in the draft new Council Code of Conduct as it would be contrary to the current Municipal Conflict of Interest Act.) 3. Concurrence
This report has been reviewed by the Municipal Solicitor and Director of Corporate Services who concur with the recommendations.
105 Municipality of Clarington Report CLD-003-17 Page 6
4. Conclusion
Based on the foregoing, it is respectfully recommended that Guy W. Giorno of Fasken Martineau DuMoulin LLP be appointed as Integrity Commissioner for the Municipality of Clarington for the term ending December 31, 2021, and that the existing Council Code of Conduct (By-law 2009-163, as amended) be repealed and replaced with the new draft Code of Conduct as detailed in Attachment 4 to this Report. 5. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by: C. Anne Greentree, Curry Clifford, MPA, CMO Municipal Clerk Interim CAO
Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or [email protected]
Attachments:
Attachment 1 By-law to Appoint Integrity Commissioner
Attachment 2 Notice of Appointment of Integrity Commissioner by Region of Durham, Report, and By-law
Attachment 3 Current Consolidated Code of Conduct (By-law 2009-163, as amended)
Attachment 4 Proposed new Draft Council Code of Conduct
The following is a list of the interested parties to be notified of Council's decision:
Regional Clerk/Director of Legislative Services, Region of Durham Guy W. Giorno, Fasken Martineau DuMoulin LLP
106 Attachment 1 to Report CLD-003-17
The Corporation of the Municipality of Clarington
By-law 2017-xxx
Being a by-law to an Integrity Commissioner for the Municipality of Clarington.
Whereas Section 8 of the Municipal Act, 2001, S.O. c. 25 provides, in part, that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising authority;
And Whereas Sections 223.4 to 223.8 of the Municipal Act, 2001 provide that an Integrity Commissioner has certain powers and protections during investigations;
And Whereas the Municipality of Clarington Council has approved a new Code of Conduct, as recommended in Report CLD-003-17;
And Whereas the Municipality of Clarington deems it necessary to appoint an Integrity Commissioner to administer the Code of Conduct;
Now therefore the Council of the Corporation of the Municipality of Clarington hereby enacts as follows:
1. That the Mayor and Clerk be authorized to execute, on behalf of the Municipality of Clarington, an agreement with Fasken Martineau to affect the appointment of Guy W. Giorno as Clarington’s Integrity Commissioner and also to provide the required services for Clarington’s Integrity Commissioner on such terms and conditions as were presented in the Regional Request For Proposals and such other terms and conditions as may be required and approved by the Manager of Purchasing to give effect to the Agreement.
2. That Guy W. Giorno be appointed for a term from the date of February 28, 2017 to the end of the current term of Clarington Council and the entire subsequent term of a subsequent Clarington Council.
Page 1 of 3 107 Clarington By-law 2017-xxx Appointment of an Integrity Commissioner 3. That an agreement with Fasken Martineau and Guy W. Giorno being appointed as Clarington’s Integrity Commissioner provide the following roles and provide the following services:
3.1. Role
(a) The role of Integrity Commissioner is to advise Members of Council to ensure that they are performing their functions in accordance with the Council Code of Conduct and other applicable legislation, procedures, rules or policies governing their ethical behaviour. The Integrity Commissioner will provide no legal advice as it relates to conflict of interest matters and just provide general consultative advice and guidance.
(b) The Integrity Commissioner will serve the public interest and is granted authority under the Municipal Act, 2001 to educate, advise and investigate the conduct of Members of Council.
3.2. Duties
The Integrity Commissioner shall cause to perform, in an independent manner, the functions of an Integrity Commissioner pursuant to Part V.1 of the Municipal Act, 2001 with respect to applications of the Code of Conduct for Members of Council including any legislation, procedures, rules and policies of the Municipality of Clarington governing the ethical behaviour of the Members of Council. The mandate of the Integrity Commissioner will include:
(a) Provisions of advice and education upon request by a Member of Council or by Council as a whole, regarding ethical obligations and responsibilities under their Code of Conduct, and any other legislation, rules or policies governing their ethical behaviour; and
(b) Receiving, assessing and investigating where appropriate, complaints made by Council, a member of Council, a member of staff, or a member of the public respecting an alleged breach of the Code of Conduct for the Members of Council of the Municipality of Clarington through the provisions of the Code of Conduct and the Complaints Protocol.
(c) Giving advice on policy issues and the workings of the Integrity Commissioner’s office.
Page 2 of 3 108 Clarington By-law 2017-xxx Appointment of an Integrity Commissioner 3.3. Reporting to Council
(a) The Integrity Commissioner will report directly to Council, via the General Government Committee or the calling of a special meeting, with the a written report containing the results of investigations and one annual report summarizing the year’s activities, observations and any resulting general recommendations.
(b) The Integrity Commissioner may recommend that Council impose penalties in accordance to the Municipal Act, 2001 if, in the opinion of the Integrity Commissioner, a Member of Council has contravened the Code of Conduct.
3.4. Other General Provisions
(a) That, should the Integrity Commissioner conduct an investigation or provide any other service, it shall do so in accordance to the terms and conditions of the Agreement executed between it and the Municipality of Clarington and shall adhere to all applicable laws, applicable statutes and established municipal policies.
(b) That, should the Municipality of Clarington desire any further services from the Integrity Commissioner outside what is outlined in this by-law, the Integrity Commissioner may oblige in providing such other services, so long as the Council passes a resolution to authorize the Integrity Commissioner to provide such other service. If authorized to do so, the Integrity Commissioner will charge their hourly fee in accordance to the Agreement for such other services to the municipality requesting such other services.
Passed this 27th day of February, 2017.
______Adrian Foster, Mayor
______C. Anne Greentree, Municipal Clerk
Page 3 of 3 109 Attachment 2 to Report CLD-003-17 REVISED
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To: Committee of the Whole From: Matthew L. Gaskell, Commissioner of Corporate Services Report: #2016-COW-75 Date: December 7, 2016
Subject:
Bill 8 - Public Sector and MPP Accountability and Transparency Act, 2014: Appointment of Regional Integrity Commissioner
Recommendations:
THAT the Committee of the Whole recommends to Regional Council that they adopt the following recommendations:
1. That Request for Proposal (“RFP”) 1042A-2016 for Municipal Integrity Commissioner Services be awarded to Fasken Martineau DuMoulin LLP for the term January 1, 2017 to December 31, 2021;
2. That Regional Council appoint Guy W. Giorno as the Integrity Commissioner for the Region for the period January 1, 2017 to December 31, 2021 and confirm the appointment with formally passing the attached appointment by-law for the Regional Integrity Commissioner attached hereto as Attachment #1;
3. That Regional Council authorize a retainer agreement with Fasken Martineau DuMoulin LLP to provide Integrity Commissioner Services on the payment of an annual retainer and hourly fee for service basis for the period January 1, 2017 to December 31, 2021;
4. That the Regional Chair and Regional Clerk be authorized to execute the retainer agreement as described in Recommendation 2 and any other such contractual documents as may be required to give effect to Recommendation One; and
5. That the Regional Clerk circulate this report to the Clerks of the local area municipalities for their review and consideration as to whether they wish to join in on the retainer agreement as described in Recommendation 3 above.
110 NO CHANGE
Report #2016-COW-75 Page 2 of 6 Purpose
1.1 This report provides Council with the outcome of the RFP 1042A-2016 for Integrity Commissioner services and recommends the appointment of Guy W. Giorno of Fasken Martineau DuMoulin LLP as the Integrity Commissioner for the Region of Durham.
2. Background
2.1 Effective January 1, 2016 the Ontario Ombudsman’s jurisdiction was expanded to include the municipal sector, including municipal agencies and some municipal boards.
2.2 Regional staff reported to Regional Council on Bill 8 through Report 2015-A-26 of the Commissioner of Corporate Services, dated June 24, 2015 in which Regional staff were directed to report back on the feasibility of establishing a code of conduct for Regional Council and the appointment of an Integrity Commissioner to administer the Code of Conduct and conduct inquiries.
2.3 A Regional Code of Conduct and Complaints Procedure was formally approved by Regional Council by virtue of the passage of Report 2016-COW-6 on September 14, 2016. A by-law was also passed to formally establish the Code of Conduct and the by-law is to come into effect upon the appointment of an Integrity Commissioner to enforce the Code of Conduct.
2.4 On December 16, 2015, Regional Council received Report #2015-A-40 which initially approved the Region to issue an RFP to hire an Integrity Commissioner.
2.5 On August 26, 2016, Report #2016-INFO-9 was published on the Council Information Package giving an update on the Integrity Commissioner RFP and advising that the RFP would have to be reissued after a first attempt resulted in all bids being non-compliant over the summer of 2016.
2.6 This report is now being brought to formally make a recommendation for the Regional Integrity Commissioner and to report on the results of the Integrity Commissioner RFP as the process is now complete.
3. Authority
3.1 Under the Municipal Act, 2001, Council has the authority to appoint an Integrity Commissioner.
3.2 Section 223.3 of the Municipal Act, 2001 outlines the legislated role of an Integrity Commissioner. It identifies that the role of an Integrity Commissioner is to perform in an independent manner those functions assigned by a municipality with respect to:
111 NO CHANGE
Report #2016-COW-75 Page 3 of 6 (a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them;
(b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behavior of members of council and of local boards or of either of them; or
(c) both of clauses (a) and (b).
3.3 Under the Municipal Act, 2001, Council has the authority to assign duties and functions to an Integrity Commissioner. Duties may typically involve, but not necessarily be limited to the following:
(a) Providing advice to Members of Council on ethical behavior;
(b) Providing education to Members of Council on the application of a Code of Conduct;
(c) Assisting in the development of policies and processes for the Office of the Integrity Commissioner;
(d) Receiving complaints and conducting investigations in accordance with a Council approved process with respect to alleged contraventions of a Code of Conduct for Members of Council;
(e) Provide a report on his or her findings and recommendations to Council, (including adjudicating and imposing sanctions as necessary) and;
(f) Provide an annual summary of report of complaints, investigations and advice provided and make any recommendations for any changes to the approved process.
4. Issuance of the RFP
4.1 On September 21, 2016, RFP 1042A-2016 was formally issued to receive proposals for the Integrity Commissioner services. The RFP closed on October 20, 2016.
4.2 Along with the issuing of the Integrity Commissioner RFP, encompassed within it was cooperative purchasing arrangement under which the local area municipalities may choose to appoint the selected respondent, within the term of the contract, for the same terms and conditions including price.
4.3 Participation in the co-operative purchasing arrangement allows the local area municipalities the option to appoint the selected proponent as their Integrity Commissioner as well.
112 REVISED
Report #2016-COW-75 Page 4 of 6 4.4 In addition, should the local area municipalities wish for additional services to be provided by the Regional Integrity Commissioner they may pass an appointment by-law with their local Councils to confirm any duties to be assigned to the Regional Integrity Commissioner and they would perform such duties under the hourly fee as a “Special Project” as defined under the RFP.
5. The Proposals
5.1 Three proposals were received and deemed compliant. The submissions were from ADR Chambers Inc., the law firm of Fasken Martineau DuMoulin LLP and John Arkelian. The proposals were evaluated by a team of 2 lawyers in Legal Services and the Regional Clerk and the process overseen by the Purchasing Section of the Finance Department.
5.2 The RFP identified the following criteria to be used for evaluation of the proposals that met the mandatory submission requirements:
• Company and Staff Background, Qualifications and Experience • Communication and Public Awareness • Technical Solution - Methodology and Resources • Presentation and Demonstration • Pricing
5.3 The Respondents were evaluated on the above listed criteria.
5.4 All three reached the presentation and demonstration stage of the RFP.
5.5 The Respondents were required to achieve a minimum score of 70% on the score allocated to the Presentation and Demonstration stage in order to qualify for a recommendation of contract award.
6. RFP Award
6.1 Based on the overall Technical, Presentation and Demonstration and Financial evaluation of the compliant proposals submitted, Fasken Martineau DuMoulin LLP achieved the highest combined score and is recommended for award of RFP1042A-2016 for Municipal Integrity Commissioner Services with Guy W. Giorno to be appointed as Integrity Commissioner for the Region of Durham.
6.2 Fasken Martineau DuMoulin LLP’s bid was for a $900.00 annual retainer to provide Integrity Commissioner services and to charge an hourly fee of $239.00 per hour for Special Projects.
113 Report #2016-COW-75 Page 5 of 6 7. Current Term of Council and Subsequent Four Year Term of Council
7.1 The initial term of the appointment will be the balance of the current term of Council with a start date of January 1, 2017. The contract will continue for a subsequent four year term of the next Regional Council.
7.2 Under the terms of the contract the Region retains the right to terminate the contract for unsatisfactory performance at any time, or without cause upon giving at least (30) thirty days written notice.
7.3 All proponents were advised that in undertaking assignments for the Region, their performance may be reviewed throughout the duration of the contract.
8. Financial Implications
8.1 During the entire term, the Region will pay a fixed annual retainer fee of $900.00 to Fasken Martineau DuMoulin LLP to provide Integrity Commissioner Services to the Region of Durham and the local area municipalities that choose to participate in the cooperative purchasing arrangement by appointing Guy W. Giorno as their Integrity Commissioner.
8.2 A fee of $239.00 per hour will be incurred for complaints made to Guy W. Giorno at the point that he decides that a complaint will warrant a formal investigation. The annual retainer includes all initial steps to process a complaint up to if the complaint is to be dismissed, a letter to be sent to the complainant indicating as such and that the file will be closed. Annual retainer will also include one annual report to Regional Council. The hourly fee will also include any “Special Projects” as may be requested by a participating municipality such as teaching seminars or public meetings or other special assignments as they may wish to assign to the Integrity Commissioner.
8.3 During the initial term, the Region of Durham will pay the retainer fee for the Region of Durham and all the local area municipalities that choose to appoint Guy W. Giorno of Fasken Martineau DuMoulin LLP. Each participating municipality will then pay the service fees of $239.00 per hour associated with calls for service from any person wishing to file a complaint which applies to the participating municipality from the point of a formal investigation being commenced and any Special Project requests.
9. Conclusion
9.1 The appointment of the recommended proponent as the Regional Integrity Commissioner would ensure the Region of Durham continues to operate as a corporation with greater accountability and transparency to the public.
114 Report #2016-COW-75 Page 6 of 6 9.2 The Province recently introduced Bill 68 which proposes some changes to the role of the Integrity Commissioner. The Bill is in first reading; however, Attachment #2 speaks to some of the proposed changes to the Integrity Commissioner role that may be coming.
10. Attachments
Attachment #1 By-law Number 58-206 being a by-law to authorize the Region of Durham to appoint Guy W. Giorno as the Integrity Commissioner for the Regional Municipality of Durham (Regional Integrity Commissioner)
Attachment #2 Modernizing Ontario’s Municipal Legislation Act (BILL 68)
Respectfully submitted,
Original signed by Matthew L. Gaskell Commissioner of Corporate Services
Recommended for Presentation to Committee
Original signed by Garry H. Cubitt, MSW Chief Administrative Officer
115 Report #2016-COW-75 Attachment #1
BY-LAW NUMBER 58-2016
OF
THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to authorize the Region of Durham to appoint Guy W. Giorno as the Integrity Commissioner for the Regional Municipality of Durham (Regional Integrity Commissioner).
WHEREAS pursuant to Section 8 of the Municipal Act 2001 S.O. c. 25 provides in part that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising authority;
AND WHEREAS pursuant to Section 223.4 to 223.8 of the Municipal Act, 2001 provides that an Integrity Commissioner has certain powers and protections during investigations;
AND WHEREAS Regional Council passed a Code of Conduct and Complaint Procedure for Regional Council on September 16, 2016 contained in Report 2016-COW-6 (Code of Conduct);
AND WHEREAS Council for the Regional Municipality of Durham passed a resolution at its meeting of December 14, 2016 to authorize the execution of an agreement with Fasken Martineau that Guy W. Giorno be appointed the Regional Integrity Commissioner and for Fasken Martineau to provide services to facilitate the delivery of services for the Regional Integrity Commissioner.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a by- law of The Regional Municipality of Durham through its Council as follows:
1. That the Regional Chair and Regional Clerk are hereby authorized and instructed to execute on behalf of the Regional Municipality of Durham an agreement with Fasken Martineau to affect the appointment of Guy W. Giorno as the Regional Integrity Commissioner and also to provide the required services for Regional Integrity Commissioner (the Agreement) on such terms and conditions as were presented in the Request For Proposals and such other terms and conditions as may be required and approved by the Commissioner of Corporate Services to give effect to the Agreement.
2. That the Agreement provide for that Guy W. Giorno be appointed for a term from the date of January 1, 2017 to the end of the current term of Regional Council and the entire subsequent term of a subsequent Regional Council.
3. That an agreement with Fasken Martineau and Guy W. Giorno being appointed as the Regional Integrity Commissioner provide the following roles and provide the following services:
116 Page 2 of 3
ROLE
(a) The role of the Regional Integrity Commissioner is to advise Members of Council to ensure that they are performing their functions in accordance with the Code of Conduct and other applicable legislation, procedures, rules or policies governing their ethical behaviour. The Integrity Commissioner will provide no legal advice as it relates to conflict of interest matters and just provide general consultative advice and guidance.
(b) The Regional Integrity Commissioner will serve the public interest and is granted authority under the Municipal Act, 2001 to educate, advise and investigate the conduct of Members of Council.
DUTIES
The Regional Integrity Commissioner shall cause to perform, in an independent manner, the functions of an Integrity Commissioner pursuant to Part V.1of the Municipal Act, 2001 with respect to applications of the Code of Conduct for Members of Council of the Regional Municipality of Durham, including any legislation, procedures, rules and policies of the Region of Durham governing the ethical behaviour of the Members of Council. The mandate of the Regional Integrity Commissioner will include:
(a) Provisions of advice and education upon request by a Member of Council or by Council as a whole, regarding ethical obligations and responsibilities under their Code of Conduct, and any other legislation, rules or policies governing their ethical behaviour; and
(b) Receiving, assessing and investigating where appropriate, complaints made by Council, a member of Council, a member of staff, or a member of the public respecting an alleged breach of the Code of Conduct for the Members of Council of the Regional Municipality of Durham through the provisions of the Code of Conduct and the Complaints Protocol.
(c) Giving advice on policy issues and the workings of the Regional Integrity Commissioner’s office.
REPORTING TO COUNCIL
(a) The Regional Integrity Commissioner will report directly to Regional Council via the Committee of the Whole or the calling of a special meeting with the a report containing the results of investigations and one annual report summarizing the year’s activities, observations and any resulting general recommendations.
(b) The Integrity Commissioner may recommend that Regional Council impose penalties in accordance to the Municipal Act, 2001 if in the opinion of the Regional Integrity Commissioner, a Member of Council has contravened the Code of Conduct. 117 Page 3 of 3
OTHER GENERAL PROVISIONS
(a) That should the Regional Integrity Commissioner conduct an investigation or provide any other service, it shall do so in accordance to the terms and conditions of the Agreement executed between it and the Regional Municipality of Durham and shall adhere to all applicable laws, applicable statutes and established Regional policies.
(b) That any local municipality within the geographic region of the Regional Municipality of Durham desirous to retain the Regional Integrity Commissioner to provide Integrity Commissioner services for their municipality that they may execute the Agreement with the Regional Municipality of Durham and shall pay the Regional Integrity Commissioner for services in accordance to their hourly fee in accordance to the terms of the Agreement provided they have obtained the required approvals to do so.
(c) That should the Regional Municipality of Durham or any local municipality desire any further services from the Regional Integrity Commissioner outside what is outlined in this by-law, the Regional Integrity Commissioner may oblige in providing such other services, so long as the respective Council of the municipality requesting such other service has passed a resolution through their respective Council to authorize the Regional Integrity Commissioner to provide such other service. If authorized to do so, the Regional Integrity Commissioner will charge their hourly fee in accordance to the Agreement for such other services to the municipality requesting such other services.
BY-LAW read and passed this 14th day of December 2016.
Original signed by Original signed by
Roger Anderson, Regional Chair & CEO Debi A. Wilcox, Regional Clerk
118 Report #2016-COW-75 Attachment #2
Modernizing Ontario's Municipal Legislation Act (Bill 68)
On November 16, 2016, the Government of Ontario introduced Bill 68 which is a bill proposing amendments to three key pieces of municipal legislation that would, if passed, help local governments to be more open, flexible and accountable to the people they serve, while giving the public added confidence in the rules governing local elected officials.
The Municipal Act, 2001 sets out many of the roles, responsibilities and powers of Ontario's municipalities. The City of Toronto Act, 2006 sets a similar framework specifically for the City of Toronto, while reflecting Toronto's status as Ontario's largest municipality. The Municipal Conflict of Interest Act sets out conflict of interest rules for municipal council members and members of local boards.
A public review of the three pieces of legislation took place between June and October 2015. Region of Durham provided commentary through Regional Council approved Report Number 2015-A-51. The review was meant to identify potential solutions and focused on the themes of accountability and transparency, municipal financial sustainability and responsive and flexible service delivery.
The proposed changes respond to concerns heard from the public, municipal councils and staff during the review. Once the Bill has reached third reading and Royal Assent, Regional staff will provide a more fulsome report outlining the impacts of Bill 68.
For the purposes of this report and the appointment of a Regional Integrity Commissioner, and upon initial review of the legislation, there appear to be three impacts immediately identified which are outlined below:
1. Bill 68 seeks to clarify the meaning of the definition of “meetings” under the Municipal Act, 2001 to meet the recent Ombudsman decisions. Once Bill 68 is passed, this may require updates to the Code of Conduct and perhaps the procedural by-law.
2. Bill 68 seeks to increase the powers being granted to integrity commissioners to investigate conflict of interest matters which would be accomplished by proposed amendments to the Municipal Conflict of Interest Act. Once Bill 68 is passed, the attached appointment by-law may have to be amended to include the newly granted powers to the Integrity Commissioner. See the specific Bill 68 wording proposed below for the expansion of powers.
3. Bill 68 seeks to make it mandatory to have Codes of Conduct for Council. Region of Durham has passed their Code of Conduct pursuant to Report 2016-A-40.
119 Page 2 of 3
Bill 68 Integrity Commissioner Proposed Amendment to Powers
Subsection 223.3 (1) of the Act
“19. (1) Subsection 223.3 (1) of the Act is repealed and the following substituted:
Integrity Commissioner
(1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the following:
1. The application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them.
2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council or of local boards.
4. The conducting of, on the Commissioner’s own initiative, inquiries about whether a member of council or of a local board has contravened the code of conduct applicable to the member or has contravened section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act.
5. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
6. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.
7. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
8. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act.”
120 Page 3 of 3
Section 223.3 of the Act
“(2) Section 223.3 of the Act is amended by adding the following subsections:
Request for advice shall be in writing
(2.1) A request by a member of council or of a local board for advice from the Commissioner under paragraph 5, 6 or 7 of subsection (1) shall be made in writing.
Advice shall be in writing
(2.2) If the Commissioner provides advice to a member of council or of a local board under paragraph 5, 6 or 7 of subsection (1), the advice shall be in writing.
Content of educational information
(2.3) If the Commissioner provides educational information to the public under paragraph 8 of subsection (1), the Commissioner may summarize advice he or she has provided but shall not disclose confidential information that could identify a person concerned.”
Section 223.3 of the Act
“20. The Act is amended by adding the following sections:
Provision for functions if no Commissioner appointed
223.3.1 If a municipality has not appointed a Commissioner under section 223.3, the municipality shall make arrangements for all of the responsibilities set out in subsection 223.3 (1) to be provided by a Commissioner of another municipality.
Provision for functions if responsibility not assigned
223.3.2 If a municipality has appointed a Commissioner under section 223.3, but has not assigned functions to the Commissioner with respect to one or more of the responsibilities set out in subsection 223.3 (1), the municipality shall make arrangements for those responsibilities to be provided by a Commissioner of another municipality.
21. Subsection 223.4 (1) of the Act is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:
(c) on the Commissioner’s own initiative about whether a member of council or of a local board has contravened the code of conduct applicable to the member.”
121 Attachment #3 to Report CLD-003-17 OfficeConsolidationofBy-Law2009-163
TheCorporationofthe MunicipalityofClarington By-Law2009-163
BeingaBy-lawtoestablishaCodeofConductforMembersofCouncil.
Passed,by Council, on: November23,2009 Consolidatedasof: December16,2015 Amendments:
AmendingBy-Law Date AmendmentDetails 2013-096 November4,2013 AddedSections2.1 &2.2 ofScheduleA
Disclaimer: Thefollowingconsolidatedby-lawisanelectronicreproductionmadeavailablefor informationonly. It isnotanofficialversionoftheBy-law. The formatmaybedifferent, andplans,pictures, other graphicsortextmaybemissingoraltered. The Municipality ofClaringtondoesnotwarranttheaccuracyofthiselectronicversion.
OfficialversionsofallBy-lawsmaybeobtainedfromtheMunicipalClerk’sDepartment.
Page1of6 122 OfficeConsolidationofBy-Law2009-163
THECORPORATIONOFTHEMUNICIPALITYOFCLARINGTON BY-LAW2009-163 Beingaby-lawtoEstablishaCodeofConductforMembersofCouncil WHEREASsection223.2ofTheMunicipalAct,2001, as amended, authorizesthe municipalitytoestablishaCodeofConductformembersofthecouncil;and WHEREAStheCounciloftheMunicipalityofClaringtonhasdeterminedtheneedto establishastandaloneCodeofConductformembersofcouncil: NOWTHEREFORETHECOUNCILOFTHECORPORATIONOFTHEMUNICIPALITY OFCLARINGTONHEREBYENACTSASFOLLOWS: 1. THATScheduleAattachedheretoisadoptedastheMunicipalityofClarington’s CodeofConductformembersofcouncil;and 2. THATScheduleAattachedheretoformspartofthisby-law.
By-lawreadafirst,second andthirdtimethis23rd dayofNovember, 2009.
Page2of6 123 OfficeConsolidationofBy-Law2009-163
ScheduleAtoBy-law2009-163 CodeofConduct –Members ofCouncil 1. Purpose TheCodeofConductformembersofcouncilservesasaguidetomembersof councilintheindividualconductoftheirofficialduties. The Coderepresents generalstandards. It doesnotreplacecouncilmember’sroles,responsibilities, actionsandbehavioursrequiredbyvariousstatutes. 2. Conduct Membersofcouncilshallnot: a) breachthepublictrustormisappropriatepublicfundsand/orresources. b) useMunicipalproperty,equipment, suppliesorservicesofconsequence foractivitiesnotassociatedwiththedischargeofofficialduties. c) benefitfromtheuseofinformationrelatingtotheaffairsofthe Municipality. d) benefitfromtheuseofinformationacquiredduringthecourseofofficial dutieswhichisnotgenerallyavailabletothepublic. e) sellgoodsorservicestotheMunicipalityorhaveadirectorindirect interestinacompanyorownacompanywhichsellsgoodsorservicesto theMunicipality. f) conducttheirworkactivitiesinamannerwhichmaycausepersonalinjury tothemselvesorothersordamagetoequipmentorpropertyofthe Municipality. g) bidonthesaleofgoodsexceptthosedisposedbypublicauction. h) useMunicipalbuyingpowerforpersonalgainorbenefit. 2.1 GiftsandBenefits ForthepurposesofthisCode, agiftorbenefitprovided,with themember’s knowledge, toamember’sspouse,child orparent,or tohisorherstaff,that is connecteddirectlyorindirectlytotheperformanceofthemember’sduties,is deemedtobeagiftorbenefittothatmember. Nomembershallacceptafee,advance, gift orpersonalbenefitthatisconnected directlyorindirectlywiththeperformanceofhisorherdutiesofoffice,unless permittedunderoneormoreoftheexceptionslistedbelow.
Page3of6 124 OfficeConsolidationofBy-Law2009-163
Eachofthefollowingisrecognizedasanexception: a) compensationauthorizedbylaw; b) agiftorbenefitofthekindthatnormallyaccompaniesthe responsibilitiesofofficeandisreceivedasanincidentofprotocolor socialobligation; c) apoliticalcontributionotherwiseauthorizedandreportedas requiredbylaw,in thecaseofamemberrunningforoffice; d) servicesprovidedwithoutcompensationbyapersonvolunteering hisorhertime; e) asuitablemementoofafunctionhonouringthemember; f) food,lodging, transportation orentertainmentlawfullyprovidedby anyProvincial, regionalorlocalgovernmentorboardorpolitical subdivisionsofanyofthem,by theFederalgovernment,a foreign government,or bythoseorganizingaconference, seminarorevent wherethememberisspeakingorattendinginanofficialcapacity; g) foodandbeveragesconsumedatabanquet, receptionorsimilar event,if: i) attendancebythememberisforalegitimatemunicipal purpose; ii) thepersonextendingtheinvitation, orarepresentativeofthe organizationholdingtheevent,is inattendance;and iii) thevalueisreasonable; h) communicationstotheofficeofamember, includingsubscriptions tonewspapersandperiodicals; and i) asponsorshipordonationforacommunityeventorganizedorrun byamember,or athirdpartyonbehalfofamember, subjecttothe limitationssetoutinanyapplicablemunicipalpolicy. Exceptforexception (c) political( contributionsallowablebylaw),these exceptionsdonotapplywhereagiftorbenefitisprovidedbyalobbyistora lobbyist’sclientoremployer. In thisprovision, alobbyistisanindividual, organizationorbusinesswhoorthat: a) lobbies, orcausesthelobbyingof,any publicofficeholderofthe municipality, themunicipalcouncilorcorporation, oralocalboard;
Page4of6 125 OfficeConsolidationofBy-Law2009-163
b) thememberknowsisattemptingorintendingtolobbythemember oranyofthepublicpersonsorbodieslistedinparagraph (a);or c) ismaintaininganactivelobbyistregistrationwiththemunicipality, whetherornotwithrespecttoanyspecificorcurrentsubjectmatter. Inthecaseofanyoftherecognizedexceptions (b), e),( f),( h) (and (i),if thevalue ofthegiftorbenefitexceeds $300.00,or ifthetotalvalueofgiftsorbenefits receivedfromanyonesourceduringthecourseofacalendaryearexceeds 300.00,the membershallfile,within 30daysofreceiptofthegiftorbenefit,or ofreachingtheannuallimit,a disclosurestatementwiththeMunicipalClerk. Thedisclosurestatementmustsetout: 1. thenatureofeverygiftorbenefitreceived; 2. itssourceanddateofreceipt; 3. thecircumstancesunderwhichitwasgivenandreceived; 4. itsestimatedvalue; 5. whattherecipientintendstodowithanygift;and 6. whetheranygiftwillatsomepointbeprovidedtothemunicipality. EverydisclosurestatementfiledunderthisCodeshallbemadeapublicrecord. Uponreceivingadisclosurestatement, theMunicipalClerkshallexamineitto ascertainwhetherthereceiptofthegiftorbenefitmight,in hisorheropinion, constituteacontraventionofthisCodeorcreateaconflictbetweenaprivate interestandthepublicdutyorresponsibilitiesofthemember. In theeventthat theMunicipalClerkmakessuchadetermination, heorsheshallcalluponthe membertojustifyreceiptofthegiftorbenefit. ShouldtheMunicipalClerkdeterminethatreceiptofanygiftorbenefitwas inappropriate, heorshemaydirectthemembertoreturnthegift,reimburse the donorforthevalueofanygiftorbenefitalreadyconsumed, forfeitthegiftorremit thevalueofanygiftorbenefitalreadyconsumed,to theMunicipality. Exceptinthecaseofexceptions (a), c),( f)(and (i),no membershallacceptagift orbenefitworthinexcessof $500.00,or giftsorbenefitsfromonesourceduring acalendaryearwhichtogetherareworthinexcessof $500.00. 2.2 NoImproperUseofInfluence NomemberofCouncilshallusetheinfluenceofhisorherofficeforanypurpose otherthanforthelawfulexerciseofhisorherofficialdutiesandformunicipal purposes.
Page5of6 126 OfficeConsolidationofBy-Law2009-163
NomemberofCouncilshallusehisorherofficeorpositiontoinfluenceor attempttoinfluencethedecisionofanyotherperson,for themember’sprivate advantageorthatofthemember’sparent, child,spouse, staffmember, friendor associate,business orotherwise. Nomembershallattempttosecure preferentialtreatmentbeyondactivitiesinwhichmembersnormallyengageon behalfoftheirconstituentsaspartoftheirofficialduties. No membershallhold outtheprospectorpromiseoffutureadvantagethroughthemember’ssupposed influencewithinCouncil,in returnforanyactionorinaction. Forthepurposesofthisprovision, “privateadvantage” doesnotincludeamatter: a) thatisofgeneralapplication; b) thataffectsamemberofCouncil,his orherparents/childrenor spouse,staff member, friendsorassociates,business orotherwise, asoneofabroadclassofpersons;or c) thatconcernstheremunerationorbenefitsofamemberofCouncil. ThisprovisiondoesnotpreventamemberofCouncilfromrequestingthat Councilgrantalawfulexemptionfromapolicy. 3. Enforcement TheonusofcomplianceoftheCodeisontheindividualmemberofcouncil. In addition,the provisionsofvariousstatutespertainingtotheroles,responsibilities, actionsandbehavioursgoverningmembersofcouncilapplytoinstancesof improperconduct.
Page6of6 127 Attachment 4 to Report CLD-003-17
The Corporation of the Municipality of Clarington By-law 2017-xxx
Being a by-law to Establish a Code of Conduct for Members of Council.
Whereas section 223.2 of The Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes the municipality to establish a Code of Conduct for members of the council; and
Whereas the Council of the Municipality of Clarington passed By-law 2009-163, as amended, to establish a Code of Conduct for Members of Council; and
Whereas the Council of the Municipality of Clarington deems it necessary to update the Code of Conduct for Members of Council:
Now therefore the Council of the Municipality of Clarington hereby enacts as follows:
1. That “Schedule A” attached hereto is adopted as the Municipality of Clarington’s Council Code of Conduct for Members of Council; and
2. That “Schedule A” attached hereto forms part of this by-law.
3. That By-law 2009-163 and its amending By-law 2013-096 are repealed.
Passed this ______day of ______, 2017.
______Adrian Foster, Mayor
______C. Anne Greentree, Municipal Clerk
128 Schedule A to By-law 2017-xxx Clarington’s Code of Conduct
Municipality of Clarington
Council Code of Conduct
129 Council Code of Conduct Page 1 of 13
Municipality of Clarington Code of Conduct for Members of Council 1. PRINCIPLES
1.1 Improving the quality of Municipal administration and governance can best be achieved by encouraging high standards of conduct on the part of all municipal officials. In particular, the public is entitled to expect the highest standards of conduct from the members that it elects to local government. In turn, adherence to these standards will protect and maintain the Municipality’s and the Council members’ reputation and integrity.
1.2 Key statements of principles that underline this Council Code of Conduct are as follows, members of Council shall,
(a) serve, and be seen to serve, their constituents in a conscientious and diligent manner;
(b) be committed to performing their functions with integrity, avoiding the improper use of the influence of their office, and conflicts of interest, under the Municipal Conflict of Interest Act;
(c) perform their duties in office in a manner that promotes public confidence and will bear close public scrutiny;
(d) recognize, and act upon, the principle that democracy is best achieved when the operation of government is made as transparent and accountable to members of the public as possible; and
(e) seek to serve the public interest by upholding both the letter and spirit of the laws of Parliament and the Ontario Legislature, as well as the by-laws and policies adopted by Clarington Council.
2. DEFINITIONS
2.1 In this Council Code of Conduct:
(a) "child" means a child born within or outside marriage and includes an adopted child or a person whom a member has demonstrated a settled intention to treat as a child of his or her family;
(b) "Council Code of Conduct" means the rules which govern the conduct of members established pursuant to the authority of section 223.2 of the Municipal Act, 2001, S.O. 2001, c. 25;
(c) “complaint” means a written request to investigate the conduct of any member for a possible violation of the Council Code of Conduct filed in accordance with the Complaint Procedure;
130 Council Code of Conduct Page 2 of 13
(d) “confidential information” means any information in the possession of, or received in confidence by, the Municipality that the Municipality is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of lnformation and Protection of Privacy Act, R.S.O. 1990, c. M.56, or any other law, which includes, but is not limited to:
(i) information of a corporate, commercial, scientific or technical nature received in confidence from third parties,
(ii) personal information as defined in subsection 2(1) of the Municipal Freedom of Information and Protection of Privacy Act,
(iii) information that is subject to solicitor-client privilege,
(iv) information that concerns any confidential matters pertaining to matters related to an identifiable individual, personal, labour relations, litigation, property acquisition, the security of the property of the municipality or a local board,
(v) any other information lawfully determined by the Council to be confidential, or required to remain or be kept confidential by legislation or order, and
(vi) any information considered by, or made available to Council, during a closed meeting pursuant to subsection 239(2) of the Municipal Act, 2001.
(e) "Council" means the Council of the Municipality;
(f) "gift and benefits" means any cash or monetary equivalent, fee, object of value, service, travel and accommodation, or entertainment;
(g) "information" means any record, document, data, material, correspondence or evidence however recorded, whether oral or in printed form, on film, by electronic means or otherwise;
(h) "Integrity Commissioner" means the Integrity Commissioner appointed by the Council pursuant to section 223.3 of the Municipal Act, 2001;
(i) "member" means a member of Council, unless the context otherwise requires;
(j) "Municipality" means the Corporation of The Municipality of Clarington
(k) "parent" means a person who has demonstrated a settled intention to treat a child as a part of his or her family whether or not that person is the natural parent of the child;
(l) "person" includes a corporation, partnership, association and any other entity, as the context allows, and expressly includes a member as well as
131 Council Code of Conduct Page 3 of 13
Council;
(m) "spouse" means a person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage; and
(n) "staff' means the municipal administrative staff of the Municipality and of its municipal corporations and local boards.
3. APPLICATION OF THIS CODE
3.1 This Council Code of Conduct applies to every member of Council.
4. COMPLIANCE WITH DECLARATION OF OFFICE
4.1 Every member shall act in accordance with his or her declaration of office sworn pursuant to Section 262 of the Municipal Act, 2001.
5. ADHERENCE TO COUNCIL POLICIES AND PROCEDURES
5.1 Every member shall observe and comply strictly with every provision of this Council Code of Conduct, as well as all other policies and procedures adopted or established by Council affecting the member, whether or not acting in his or her capacity as a member of Council.
6. CONDUCT AT MEETINGS
6.1 Every member shall conduct himself or herself properly and in a civil manner at Council, committee and other meetings, and in accordance with the provisions of the Municipality’s Procedural By-law, this Council Code of Conduct, and any other applicable law.
7. CONDUCT RESPECTING OTHERS
7.1 Every member has the duty and responsibility to treat all members of the public, other members of Council, and all staff appropriately and without abuse, bullying or intimidation, and to ensure that the work environment is free from discrimination and harassment.
7.2 No member shall,
(a) use indecent, abusive or insulting-words or expressions toward any other member, any member of staff or any member of the public; or
(b) speak in a manner that is discriminatory to any individual, based on that person's race, ancestry, place of origin, creed, gender, sexual orientation or gender identification, age, colour, marital status, or disability.
132 Council Code of Conduct Page 4 of 13
8. CONDUCT RESPECTING STAFF
8.1 Every member acknowledges that staff operate under the direction of the senior municipal administration, and in accordance with the decisions of Council, and are required to serve the Municipality as a whole and not the needs or desires of any individual member.
8.2 Every member shall:
(a) be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any member or faction of the Council; and
(b) show respect for staff, and for their professional capacities and responsibilities.
8.3 No member shall,
(a) maliciously or falsely injure or impugn the professional or ethical reputation of any member of staff;
(b) compel any member of staff to engage in partisan political activities, or subject any member of staff to threat or discrimination for refusing to engage in any such activity; or
(c) use or attempt to further his or her authority or influence by intimidating, threatening, coercing, commanding or influencing improperly any staff member or interfering with that staff person's duties, including the duty to disclose improper activity.
9. GIFTS, BENEFITS, SERVICES AND HOSPITALITY
For the purposes of this Code, a gift or benefit provided, with the member’s knowledge, to a member’s spouse, child or parent, or to his or her staff, that is connected directly or indirectly to the performance of the member’s duties, is deemed to be a gift or benefit to that member.
No member shall accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted under one or more of the exceptions listed below.
Each of the following is recognized as an exception:
(a) compensation authorized by law;
(b) a gift or benefit of the kind that normally accompanies the responsibilities of office and is received as an incident of protocol or social obligation;
(c) a political contribution otherwise authorized reported, as required by law, in the case of a member running for office;
133 Council Code of Conduct Page 5 of 13
(d) services provided without compensation by a person volunteering his or her time;
(e) a suitable memento of a function honouring the member;
(f) food, lodging, transportation or entertainment lawfully provided by any Provincial, regional or local government or board or political subdivisions of any of them, by the Federal government, a foreign government, or by those organizing a conference, seminar or event where the member is speaking or attending in an official capacity;
(g) food and beverages consumed at a banquet, reception or similar event, if:
(i) attendance by the member is for a legitimate municipal purpose;
(ii) the person extending the invitation, or a representative of the organization holding the event, is in attendance; and
(iii) the value is reasonable;
(h) communications to the office of a member, including subscriptions to newspapers and periodicals; and
(i) a sponsorship or donation for a community event organized or run by a member, or a third party on behalf of a member, subject to the limitations set out in any applicable municipal policy.
Except for exception (c) (political contributions allowable by law), these exceptions do not apply where a gift or benefit is provided by a lobbyist or a lobbyist’s client or employer. In this provision, a lobbyist is an individual, organization or business who or that:
(i) lobbies, or causes the lobbying of, any public office holder of the municipality, the municipal council or corporation, or a local board;
(ii) the member knows is attempting or intending to lobby the member or any of the public persons or bodies listed in paragraph (a); or
(iii) is maintaining an active lobbyist registration with the municipality, whether or not with respect to any specific or current subject matter.
In the case of any of the recognized exceptions (b), (e), (f), (h) and (i), if the value of the gift or benefit exceeds $300.00, or if the total value of gifts or benefits received from any one source during the course of a calendar year exceeds $300.00, the member shall file, within 30 days of receipt of the gift or benefit, or of reaching the annual limit, a disclosure statement with the Municipal Clerk.
134 Council Code of Conduct Page 6 of 13
The disclosure statement must set out:
1. the nature of every gift or benefit received; 2. its source and date of receipt; 3. the circumstances under which it was given and received; 4. its estimated value; 5. what the recipient intends to do with any gift; and 6. whether any gift will at some point be provided to the municipality.
Every disclosure statement filed under this Code shall be made a public record.
Upon receiving a disclosure statement, the Municipal Clerk shall forward the statement to the Integrity Commissioner who shall examine it to ascertain whether the receipt of the gift or benefit might, in his or her opinion, constitute a contravention of this Code or create a conflict between a private interest and the public duty or responsibilities of the member. In the event that the Integrity Commissioner makes such a determination, he or she shall call upon the member to justify receipt of the gift or benefit.
Should the Integrity Commissioner determine that receipt of any gift or benefit was inappropriate, he or she may direct the member to return the gift, reimburse the donor for the value of any gift or benefit already consumed, forfeit the gift or remit the value of any gift or benefit already consumed, to the Municipality.
Except in the case of exceptions (a), (c), (f) and (i), no member shall accept a gift or benefit worth in excess of $500.00, or gifts or benefits from one source during a calendar year which together are worth in excess of $500.00.
10. CONFIDENTIAL INFORMATION
10.1 No member shall,
(a) disclose, release or publish by any means to any person or to the public any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so;
(b) use confidential information for personal or private gain or benefit, or for the personal or private gain or benefit of any other person or body;
(c) disclose a matter, the substance of the matter, and information pertaining to a matter, that has been debated or discussed at a meeting closed to the public, and shall be maintained as confidential, unless authorized by the Council or legislation to be released, generally or subject to conditions, and such are complied with;
(d) disclose the content of any matter referred to in the preceding paragraph or the subject-matter of deliberations at a meeting closed to the public meeting, unless such matter has been lawfully and knowingly discussd by Council at a meeting that is open to the public or where Council authorizes
135 Council Code of Conduct Page 7 of 13
the release the information to the public;
(e) without lawful authority, disclose, or make personal use of, any of the following types of confidential information:
(i) information concerning litigation, negotiation or personnel matters,
(ii) information the publication of which may infringe on the rights of any person (e.g. source of a complaint where the identity of a complainant is given in confidence),
(iii) price schedules in any contract, tender or proposal document while such remains a confidential document,
(iv) information deemed to be "personal information" under the Municipal Freedom of lnformation and Protection of Privacy Act, or
(v) any other information or statistical data required by law not to be released; and
(f) obtain access, or attempt to gain access, to confidential information in the custody of the Municipality except to the extent that such access is necessary for the performance of his or her duties and such access is not prohibited by Council or otherwise by law.
11. USE OF MUNICIPAL PROPERTY, SERVICES AND OTHER RESOURCES
11.1 Subject to 11.2 below, no member shall,
(a) use, or permit the use of, Municipal land, facilities, equipment, supplies, services, staff or other resource, including any municipally-owned information, website, transportation delivery service or funds allocated for the member expenses of his or her office, for any purpose or activity other than the lawful business of the Municipality; or
(b) seek or acquire any personal financial gain from the use or sale of confidential information, or of any municipally-owned intellectual property including any invention, creative writing or drawing, computer program, technical innovation, or any other information or item capable of being patented or copy righted, of which property remains exclusively that of the Municipality.
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11.2 Incidental and occasional personal, non-commercial use of email/internet and a personal communication device (i.e. Blackberry) is permitted.
12. CONDUCT OF ELECTION CAMPAIGN
12.1 Every member shall comply with all applicable requirements of the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched.
12.2 No member shall,
(a) use confidential information, facilities, equipment, supplies, services or other resources of the Municipality, including any member newsletter or website linked through the Municipality’s website, for any election campaign or campaign-related activity;
(b) undertake campaign-related activities on municipal property except as otherwise provided for in Policy F5 – Political Activities; or
(c) use the services of any person for election-related purposes during hours in which that person receives any compensation from the Municipality.
13. NO IMPROPER USE OF INFLUENCE
13.1 No member shall,
(a) use the influence of his or her office for any purpose other than for the lawful exercise of his or her official duties and for municipal purposes;
(b) use his or her office or position to influence or attempt to influence the decision of any other person, for the member's private advantage or that of the member's parent, child, spouse, staff, friend, or associates, business or otherwise;
(c) attempt to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties; or
d(d) hol out the prospect or promise of future advantage through the member's supposed influence within Council, in return for any action or inaction.
13.2 For the purposes of this provision, "private advantage" does not include a matter that,
(a) is of general application;
(b) affects a member, his or her parents/children or spouse, staff, friends or associates, business or otherwise, as one of a broad class of persons; or
(c) concerns the remuneration or benefits of a member.
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13.3 Section 13.1 does not prevent a member from requesting that Council grant a lawful exemption from a Municipal policy not including this Council Code of Conduct.
14. NO REPRISAL OR OBSTRUCTION IN THE APPLICATION OR ENFORCEMENT OF THIS CODE
14.1 Every member must respect the integrity of the Council Code of Conduct and inquiries and investigations conducted under it, and shall cooperate in every way possible in securing compliance with its application and enforcement.
14.2 No member shall obstruct the Integrity Commissioner, his or her designate, or any other Municipal official involved in applying or furthering the objectives or requirements of the Council Code of Conduct, in the carrying out of such responsibilities, or pursuing any such objective.
14.3 No member shall undertake any act of reprisal or threaten reprisal against a complainant or any other person for providing relevant information to the Integrity Commissioner or any other person under the Council Code of Conduct.
15. STATUTES REGULATING THE CONDUCT OF COUNCILLORS
15.1 Members acknowledge that in addition to this Council Code of Conduct, the following legislation and Clarington Policies also govern the conduct of members:
(a) Municipal Act, 2001;
(b) Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50;
(c) Municipal Elections Act, 1996;
(d) Municipal Freedom of Information and Protection of Privacy Act;
(e) Occupational Health and Safety Act, R.S.O. 1990, c. 0.1;
(f) Human Rights Code, R.S.O. 1990, c. H.19; and
(g) Criminal Code, R.S.C. 1985, c. C-46.
(h) Clarington Policy F-110 Use of Corporate Resources for Election Purposes
(i) Clarington Policy F5 Political Activities
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15.2 A member may become disqualified and lose his or her seat by operation of law, including being convicted of an offence under the Criminal Code or the Municipal Elections Act, 1996, or being found to have failed to comply with the Municipal Conflict of Interest Act, whether or not the conduct in question involves a contravention of this Council Code of Conduct.
15.3 In the case of any inconsistency between this Council Code of Conduct and a federal or provincial statute or regulation, the statute or regulation shall prevail.
15.4 All references to any statute, regulation, by-law or legislation shall be deemed to be a reference to the statute, regulation, by-law or legislation as amended, consolidated, replaced or superseded.
16. INTEGRITY COMMISSIONER
16.1 The Integrity Commissioner shall be responsible for performing in an independent manner the following functions as assigned by the Municipality with respect to:
(a) the application of the Council Code of Conduct; and
(b) the application of any procedures, rules and policies of the Municipality governing the ethical behaviour of members;
and, without limiting the generality of the foregoing, shall be entitled to undertake investigations or not undertake investigations in accordance with provisions of Part V.1 of the Municipal Act, 2001.
16.2 In addition, to the responsibilities set out in Section 16.1, the Integrity Commissioner shall also provide:
(a) information to Council as to members' obligations under the Council Code of Conduct and the Complaint Procedure;
(b) advice to individual members regarding specific situations as they relate to the application of the Council Code of Conduct;
(c) advice to Council on other policies and procedures that relate to the ethical behavior of members;
(d) information to the public regarding the Council Code of Conduct and the obligations of members under the Council Code of Conduct; and
(e) an annual report to Council on the activities of the Integrity Commissioner.
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16.3 Without limiting the generality of Section 16.1, the Integrity Commissioner may determine, on a case-by-case basis, whether to undertake an investigation or not to undertake an investigation. The Integrity Commissioner shall be entitled to summarily dismiss a complaint filed in accordance with the Complaint Procedure on the basis that it constitutes in his or her opinion, an abuse of process or is frivolous or vexatious.
16.4 Without limiting the generality of Section 16, all determinations of the Integrity Commissioner under the Council Code of Conduct shall be made in his or her own absolute discretion and shall be final and binding.
16.5 A request by a member of Council, or of a local board for advice from the Integrity Commissioner shall be made in writing.
16.6 Where the Integrity Commissioner provides advice to a member of Council or local board, the advice shall be in writing.
16.7 Where the Integrity Commissioner provides educational information to of the public about the Municipality’s Council Code of Conduct, the Integrity Commissioner may summarize advice he or she has provided, but shall not disclose confidential information that could identify a person concerned.
17. COMPLAINTS
17.1 All complaints pursuant to the Council Code of Conduct shall be filed in accordance with the Complaints Procedure in Appendix “A” attached hereto.
18. PENALTIES
18.1 Council may, where it has received a report from its Integrity Commissioner that there has been a violation of the Council Code of Conduct, impose one of the following penalties on a member who has been found to be in contravention of the Council Code of Conduct:
(a) a reprimand; or
(b) suspension of the remuneration paid to the member in respect of his or her services as a member for a period of up to 90 days.
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19. ANNUAL REPORTS
19.1 The Integrity Commissioner shall submit an annual report to Council which will include information on the nature and volume of activity for the past year and provide examples, while maintaining the anonymity of the persons involved, in respect of advice provided and the nature of complaints received and for which a response was issued.
19.2 The annual report of the Integrity Commissioner shall be provided to Council for information purposes. The report is a public document.
141 Municipality of Clarington
COUNCIL CODE OF CONDUCT
PROCEDURES
142 Appendix “A” To Clarington’s Code of Conduct Complaint Procedure By-law 2017-XXX
Municipality of Clarington’s COUNCIL CODE OF CONDUCT COMPLAINT PROCEDURE (the “Complaint Procedure”)
1. Procedure — Informal Complaint
1.1 Any person who believes that a member is in contravention of the Municipality of Clarington’s Council Code of Conduct may address their concerns in the following manner:
(a) advise the member that their behaviour or activity contravenes the Council Code of Conduct;
(b) encourage the member to stop the prohibited behaviour or activity;
(c) if applicable, confirm to the member their satisfaction or dissatisfaction with the member’s response to the concern identified; and
(d) keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter.
1.2 If any person is not satisfied with the response received through the aforementioned informal process, the person may proceed with a formal complaint through the Integrity Commissioner as outlined in Section 2 of the Complaint Procedure.
2. Procedure — Formal Complaint
2.1 Any person who has reasonable grounds to believe that a member of Council has contravened the Council Code of Conduct may address their concerns through the formal complaint process set out below:
(a) all formal complaints (“Complaints”) must be made using the Municipality’s Complaints Form (see Schedule “A”) and shall be dated and signed by the person making the Complaint (the “Complainant”);
(b) the Complaint must include an explanation as to why the issue raised may be a contravention of the Council Code of Conduct and any evidence in support of the allegation must be included with the Complaints Form;
(c) any witnesses in support of the allegation must be identified on the Complaint Form;
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(d) the Complaint Form must include the name of the member alleged to have breached the Council Code of Conduct, the specific provision(s) of the Council Code of Conduct allegedly contravened, the date, time and location of the alleged contravention(s) and any other information as required on the Complaint Form;
(e) the Complaint shall be filed directly with the Integrity Commissioner who will determine whether the matter is, on its face, a Complaint with respect to non- compliance with the Council Code of Conduct and not covered by other legislation or policies; and
(f) the Complaint must be submitted to the Integrity Commissioner no later than six (6) months from the date in which the alleged violation occurred and no action will be taken on a Complaint received after this deadline.
2.2 The Integrity Commissioner may request additional information from the Complainant in order to properly assess the Complaint.
2.3 A Complainant may, at any time, abandon a Complaint.
3. Response of Integrity Commissioner of Complaint Outside Jurisdiction
3.1 If the Complaint received by the Integrity Commissioner does not relate to a non- compliance with the Council Code of Conduct, it will be deemed not to be a Complaint and the Integrity Commissioner shall advise the Complainant in writing as follows:
(a) Criminal Matter — if the Complaint is an allegation of a criminal nature consistent with the Criminal Code, R.S.C. 1985, c. C-46, the Complainant shall be advised that pursuit of such an allegation can only be made through the appropriate police service;
(b) Municipal Conflict of Interest — if the Complaint is an allegation with respect to matters under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, the Complainant shall be advised of their right to review the matter with their own legal counsel;
(c) Municipal Freedom of Information and Protection of Privacy — if the Complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56,
(d) Where the complainant is seeking access to records, the Complainant shall be advised of their option to contact the Clerk for details regarding the application process, or
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(e) Where the complainant is pertaining to a confidentiality breach, the complainant shall be advised of their option to contact the Information and Privacy Commissioner;
(f) Overlap of Jurisdiction – where the complaint pertains to a member that is also a member of the Council of the Region of Durham, the Integrity Commissioner shall, based on the details of the complaint, make a determination as to whether the complaint pertains to the member in his/her capacity of a member of Clarington Council or in his/her capacity of a member of Regional Council and shall proceed with the investigation involving the appropriate organization.
(g) Other Matters – if the matter is covered by other policies or legislation, the Complainant will be advised and directed to proceed in a manner as considered appropriate by the Integrity Commissioner.
4. Refusal to Conduct an Investigation
4.1 If upon, review of a Complaint, the Integrity Commissioner is of the opinion that the Complaint is frivolous, vexatious or not made in good faith, or that there are no or insufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this position in writing to the Complainant and the member identified in the Complaint Form. The Integrity Commissioner is under no obligation to prepare a report for any matters that he or she summarily dismisses or determines not to investigate.
5. Opportunity for Resolution
5.1 If at any time following the receipt of a Complaint or during the investigation process, the Integrity Commissioner believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the Complainant and the member agree, efforts may be made to achieve an informal resolution. The formal Complaint will be held in abeyance during such time.
6. Investigation
6.1 If the Integrity Commissioner determines that a formal investigation is required, he or she shall:
(a) provide a copy of the Complaint and any supporting materials to the member whose conduct is in question with a request that a written response to the allegation be provided to the Integrity Commissioner within ten (10) days;
(b) provide a copy of the response provided by the member to the Complainant with a request for a written reply within ten (10) days;
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(c) have free access to all books, accounts, financial records, electronic data processing records, reports, files and all other papers, things or property belonging to or used by the municipality that the Integrity Commissioner believes to be necessary for an investigation; and
(d) make interim reports to Council where necessary and as required to address any issues of interference, obstruction, delay or retaliation, if any, encountered during the investigation.
6.2 The Integrity Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, S.O. 2009, c. 33, Sched. 6, in which case those sections apply to the investigation.
7. Co-Operation
7.1 A Member shall co-operate in every way possible with the Integrity Commissioner in any investigation of a Complaint and the enforcement of the Council Code of Conduct.
7.2 A member of staff may not assist a member in his/her duties under this Procedure, including, but not limited to, assisting in preparing the member’s written response to the Integrity Commissioner.
8. Suspension of Investigation
8.1 The Integrity Commissioner will cease the investigation if:
(a) a Complainant abandons the request for an investigation, in which case the Integrity Commissioner shall report to Council as set out in Section 9; or
(b) the Integrity Commissioner determines that there are reasonable grounds to believe that there has been a contravention of any other statute or of the Criminal Code, in which case the Integrity Commissioner shall immediately refer the matter to the appropriate authorities and suspend the investigation until any resulting police investigation and charge(s) have been finally disposed of, and shall report the suspension to Council.
9. Report Regarding Recommendation
9.1 The Integrity Commissioner shall report to the Complainant and the member on the results of his or her review within 60 days of receiving a complete Complaint Form upon completion of an investigation. If the investigation process requires more than 60 days, the Integrity Commissioner shall provide an interim report to the Complainant and member indicating when the complete report may be available.
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9.2 If, during the investigation process, the Complaint is withdrawn, sustained or resolved, the Integrity Commissioner shall report to Council outlining the findings, the terms of any resolution and any recommended action within 30 days.
9.3 If, upon completion of the investigation, the Integrity Commissioner finds that there has been no contravention of the Code, or that a contravention occurred but the member took all reasonable measures to prevent it, or the contravention committed was trivial or committed through inadvertence or an error of judgment made in good faith, the Integrity Commissioner shall set this out in a report to Council.
9.4 If, upon completion of the investigation, the Integrity Commissioner finds that a breach of the Council Code of Conduct has occurred, the Integrity Commissioner shall report his or her findings to Council including a recommendation as to the imposition of a penalty as set out in subsection 223.4(5) of the Municipal Act, 2001 S.O. 2001, c. 25, namely either:
(a) a reprimand; or
(b) a suspension of remuneration paid to the member for a period of up to 90 days.
9.5 The report shall only disclose such information that, in the Integrity Commissioner's opinion, is required for the purposes of the report.
10. No Appeal of Integrity Commissioner’s Decision
10.1 There is no appeal of the decision of the Integrity Commissioner.
11. No Complaints or Reports Prior to Election
11.1 No Complaint may be referred to the Integrity Commissioner or forwarded by the Clerk for review and/or investigation after July 1 in any year in which a regular municipal election will be held. The Clerk shall forward any Complaint received after July 1 to the Integrity Commissioner on as soon as possible after the new Council has taken office in a regular election year and advise the Complainant of this process.
11.2 Notwithstanding Section 9 of this Complaint Procedure, the Integrity Commissioner shall not make any report to Council or any other person after the last regular Council meeting in July in any year in which a regular municipal election is to be held. Any reports will be made to the first Council meeting held after the inaugural meeting of the new Council.
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12. Confidentiality
12.1 The Integrity Commissioner and every person acting under his or her instructions shall preserve the confidentiality of all documents, material or other information, whether belonging to the Municipality or not, that come into their possession or to their knowledge during the course of their duties as required by section 223.5 of the Municipal Act, 2001. Pursuant to subsection 223.5(3) of the Municipal Act, 2001, Section 9 of the Complaint Procedure prevails over the Municipal Freedom of Information and Protection of Privacy Act.
13. Delegation
13.1 The Integrity Commissioner may delegate, in writing, to any person, other than a member, any of the Integrity Commissioner’s powers and duties.
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Municipality of Clarington COUNCIL CODE OF CONDUCT
FORMAL COMPLAINT FORM
149 Schedule A to Clarington’s Council Code of Conduct Complaint Procedure
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