HomeMy WebLinkAboutJanuary 18, 2016 For information related to accessibility requirements please contact Linda Roberts
Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: lroberts@pickering.ca
Council Agenda
Monday, January 18, 2016
Council Chambers
7:00 pm
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XIII) Confirmation By-law
XIV) Adjournment
Delegations
1. Kerrianne Thompson, Public Health Nurse
Matthew Way, Public Health Nurse
Durham Region Health Department
January 18, 2016
Re: Mental Health Promotion Across the Lifespan
2. Roger Anderson, Regional Chair
Regional Municipality of Durham
Re: Annual Address
18
January 18, 2016
Correspondence Pages
1. Corr. 26-15
D. Wilcox, Regional Clerk
Region of Durham
605 Rossland Road East
Whitby, ON L 1 N 6A3
Motion for Direction
Letter received from Debi Wilcox, Regional Clerk, Region of Durham seeking
information on whether the City of Pickering wants to partner with the Region of
Durham in Requests for Proposals (RFP) for consideration of an appointment
of a Municipal Ombudsman. ··
1 9
21
Please note that during discussion of Report #2015-A-41 at the Finance &
Administration Committee meeting, it was indicated that there was
flexibility on the 30 day response due to the holiday season and area
municipality Council meeting schedule.
~~
D. Wilcox,
Regional Clerk!
Director of Legislative Services
DW/Img
Attach.
c: T. Gettinby, GAO/Clerk, Township of Brock
A. Greentree, Cfferk, Municipality of Clarington
S. Krane, Clerk, City of Oshawa
D. Shields, Clerk. City of Pickering_
K. Coates, Interim Clerk, Township of Scugog
D. Leroux, Clerk, Township of Uxbridge
C. Harris, Clerk, Town of Whitby
M. Gaskell, Commissioner of Corporate Services
23
Report #2015-A-41 Page 2 of6
and Transparency Act, 2014 ("Bill 8") which includes amendments to the
Ombudsman Act. Municipal Freedom of Information and Protection of Privacy
Act ("MFIPPA"), and the Excellent Care for All Act, 2010.
1.2 Regional staff initially reported to Regional Council on Bill 8 in Commissioners
Report 2015-A-26, dated June 24, 2015.
1.3 Staff were then directed to investigate and report back to Council on:
1.4
2.
2.1
2.2
2.3
2.4
2.5
2.6
"the feasibility of appointing a municipal ombudsman to conduct investigations with
respect to administrative acts of the Region, including options for appointment jointly
with other municipalities" and
"the establishment of a code of conduct for Regional Council and the appointment of an
integrity commissioner to administer the code of conduct and conduct inquiries."
The purpose of this report is to report back on the feasibility of appointing a
Municipal .Ombudsman. A separate report speaks to the establishment of a code
of conduct for Regionai·Council and the appointment of an Integrity
Commissioner.
Background
f ·'
The Municipal Statute Law Amendment Act, 2006 amended the Municipal Act.
2001, effective January 1, 2007, to add a new Part entitled Accountability and
Transparency.
The provisions of that Part authorized municipal councils to establish a code of
conduct for members of both the council and local boards.
Municipal councils were also empowered (in the case of Toronto, required) to
appoint an integrity commissioner who would report to council and be
responsible for perfonning, in an independent manner, the functions assigned by
the municipality with respect to the application of a code of conduct.
The role of the municipal integrity commissioner had its genesis in the 2005
report of Madam Justice Bellamy in the Toronto Computer Leasing Inquiry.
Justice Bellamy's recommendations related to Ethics, included many
suggestions for the improvement of the City's code of conduct for councillors.
These suggestions recommended the appointment of an Ombudsman as well
along with an Integrity Commissioner for Toronto, but made it optional for other
municipalities to appoint an Ombudsman.
The amendments to the Municipal Act, 2001 implemented by Municipal Statute
Law Amendment Act, 2006, demonstrated the Province'$ expectation for greater
openness, transparency and accountability in local government ·
The subsequent provisions of Bi/18, as described herein, move further to
implement the Province's expectation that municipal governments will act upon
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Report #2015-A-41 Page 3 of6
the accountability and transparency provisions first enacted in 2006 by
mandating the oversight of the Provincial Ombudsman.
2. 7 The recommendations contained herein as it relates specifically to a Municipal
Ombudsman have been made in order to respond to the Prpvinces' expectations
towards enhanced accountability and transparency in local government, and the
public policy trend towards greater accountability for governments of all levels.
3. Municipal Ombudsman and 'Regional Staff Research and Investigations
3.1 As per the historical amendments described above, the Municipal Act, 2001
gives municipalities the authority to appoint an ombudsman who reports to
Council and whose function is to investigate in an independent manner any
decision or recommendation made or act done or omitted in the course of the
administration of the municipality, its local boards and such municipaUy-
controlled corporations as specified by the municipality.
3.2 Generally it has been noted that governments and corporations are coming to
appreciate that appointhig ombudsmen is an effective and economically efficient
way to improve the quality of performance of institutions. More than that,
ombudsmanry is an effective way to redress complaints by stakeholders before
they become larger issues andllead to potential litigation. If properly created and
supported, an ombudsman's office can solve problems, identify inefficiencies and
pre-empt poor judgment and mistakes before damage is done. By dealing with
the municipal Ombudsman issue for the first time legislatively, . The Municipal
Statute Law Amendment Act, 2006 held itself out as a progressive move towards
· accountability and increased efficiency.
3.3 As a result of the passage of Bill 8, the Ontario Ombudsman will by default
become the ombudsman for the Region if it does not appoint its own municipal
ombudsman. If a municipality has an ombudsman, then the Ontario Ombudsman
may only conduct an investigation if:
A) The municipal ombudsman refuses to investigate a matter or has conducted
and concluded an investigation into the matter; or
B) The time for bringing a complaint to the Municipal Ombudsman has expired.
3.4 Over the summer Regional staff made inquiries with other municipalities and
sought expert advice from external legal counsel John Mascarin, a certified
specialist in municipal law from the law firm of Aird & Berlis.
3.5 Inquiries with other municipalities found that the vast majority of them, including
York Region and Waterloo Region are making recommendations to their
respective Councils that steps be taken to establish a Municipal Ombudsman in
light of Bill 8.
3.6 External legal counsel, John Mascarin provided an opinion that establishing a
municipal ombudsman is a best practice for a municipal government By
36 24
25
Report #2015-A-41 Page4of6
appointing a municipal ombudsman, the Region can ensure that the third party
chosen for that service will possess the requisite knowledge and an appreciation
for the municipal environment. It is believed that establishing a municipal
ombudsman will demonstrate the Region's commitment to operating as a
responsible and accountable government. ' .
3. 7 Other benefd:s of appointing a municipal ombudsman include:
4.
4.1
4.2
4.3
4.4
4.5
A) With a municipal ombudsman, there will be an ability to define the role to
take into account the unique characteristics of the local governments, both
the Region and its local municipalities should they wish to share in the
initiative.
B) A municipal ombudsman with municipal experience will have a better
appreciation and understanding of the workings and responsibilities of
municipal level governments, as opposed to provincial level agencies and
entities.
C) A municipal ombudsman will provide local citizens with a quicker means of
getting quick assistance and a rapid response system as opposed to the
Provincial Ombudsman which will have a mandate to investigate every
municipality in Ontario under Bill 8.
Consultations with Other Municipalities about Establishing a Municipal
Ombudsman
The Region's Legal Services Division has consulted with other Regional
municipalities on establishing a municipal ombudsman.
Municipalities potentially interested in establishing a municipal ombudsman
recognized the Jack of information available regarding what external entities
could offer those services.
Recognizing this, York Region put out an RFI to seek responses from interested·
parties that may be able to fulfill the role of ombudsman and provide ombudsman
services. Respondents were asked to submit information on ombudsman
services, including identifying and establishing administrative and operational
.supports.
The objective of the York Region RFI was to better understand the array of
services that may be provided by an ombudsman and the necessary
administrative and operational supports to establish an ombudsman service.
York Region has agreed to share the information received with Durham staff.
It is anticipated that this information will increase Durham's understanding of the
range of services available in the role of a municipal ombudsman. In addition the
information will provide a better understanding of potential costs and other
funding considerations.
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Report #2015-A-41 Page 5 of6
5. Request to Initiate a Request for Proposal (RFP) for a Municipal
Ombudsman ·
5.1 Upon completion of the RFI process and analysis of the responses received from
York Region, it is recommended that Regional Council give authorization to·
Regional staff to utilize that information in order to prepare and issue a RFP for
the services of municipal ombudsman.
5.2 Upon completion of the RFP process, Regional staff would report back in the
Spring of 2016 with definitive recommendations about the establishment of a
municipal ombudsman along with a recommendation for award of the RFP to a
proponent to provide the services of municipal ombudsman.
5.3 Similar to the RFI put out by York Region, Durham Region would propose that
the municipal ombudsman would service Regional residents with respect to
Regional administration, as well as providing the option to service our area
· municipalities with respect to local administration, should their respective
Councils endorse the approach of sharing an ombudsman.
5.4 The ombudsman would be an office of last resort for the public to bring
complaints. It is expected to include thorough, objective and defensible
measurements t> receive and resolve such complaints and prpvide reports and
recommendations for improvement in communication and service delivery for
consideration by the appropriate Council. Customization of the ombudsman
services will be necessary to address the diversity of the Region and its area
municipalities, operations and population served.
6. Conclusion
6.1 Regional Council is being asked to authorize the following:
A) That the Region of Durham approve the appointment of a Municipal
Ombudsman to conduct investigations with respect to the administrative acts
of the Region;
B) That the Region of Durham be authorized to issue a Request For Proposals
(RFP) seeking proposals for a Municipal Ombudsman, including the
consideration that the appointment be made jointly with the Region's local
municipalities, should they be amenable, and their respective Councils
endorse such an approach, the RFP being subject to financing at the
discretion of the Commissioner of Finance and subject to completion of
Recommendation 3;
C) That upon obtaining Regional Council approval for Recommendations 1 and
2 that Regional staff be directed to send copies of this report and the
Regional Council direction to all local municipalities within the Region of
Durham and request th!=lt the local municipalities report back to Regional
staff within 30 days from receipt of this report as to whether they would like
38
26
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Report #2015-A-41 Page6of6
to participate and partner with the Region of Durham in the proposed RFP as
described in Recommendation 2;
· D) That Regional staff report back by the end of June 2016 with a report
regarding the status of the appointment of a Municipal Ombudsman or
subsequent to the completion of Recommendations 1 through 3 above.
Respectfully submitted,
Matthew L. Gaskell
Commissioner of Corporate Services
. Recommended for Presentation to Committee
Gar'PlH.~M.S.W. Chief'A~min,trative Officer
39
January 18, 2016
Committee Reports
a) Report EC 2016-01 of the Executive Committee Executive Pages
1. Director, Engineering & Public Works, Report ENG 01-16 1-9
Amberlea Park Splash Pad Construction
-Tender No. T-23-2015
Recommendation
1. That Tender No. T-23-2015 as submitted by Pine Valley Corporation in the
total tendered amount of $229,877.03 (HST included) be accepted;
2. That the total gross project cost of $275,659.00 (HST included), including
the tendered amount and other associated costs and the total net project
cost of $248,239.00 (net of HST rebate) be approved;
3. That the Division Head, Finance & Treasurer be authorized to finance the
total net project cost in the amount of $248,239.00 as follows:
a) The sum of $136,531.00 as approved in the 2015 Parks Capital
Budget by a transfer from the Parkland Reserve Fund;
b) The sum of $111,708.00 as approved in the 2015 Parks Capital
Budget by a transfer from Development Charges (DC)-Parkland
Development & Trails Reserve Fund; and
4. That the appropriate officials of the City of Pickering be authorized to take
the necessary actions as indicated in this report.
2. Director, Engineering & Public Works, Report ENG 02-16 10-28
Proposed All-way Stop Control, Rosebank Road and Toynevale Road
Recommendation
1. That the attached draft by-law be enacted to amend Schedule "7" to By-
law 6604/05 to provide for the regulation of stop signs on highways or
parts of highways under the jurisdiction of The Corporation of the City of
Pickering, specifically to address the proposed installation of an all-way
stop control at the intersection of Rosebank Road and Toynevale Road;
and
28
3.
4.
5.
29
2. That the existing school crossing guard station on Rosebank Road in front
of Rosebank Road Public School be monitored upon installation of the
proposed all-way stop and, if additional traffic delays and safety concerns
are evident, be relocated to the proposed all-way stop location upon the
start of the 2016-2017 school year in September.
Fire Chief Report FIR 01-16
Emergency Generator Work
-Fire Hall #6
Recommendation
29-31
That Report FIR 01-16 regarding the emergency purchase of the generator at
Fire Hall #6 be received by Council.
Director, Corporate Services & City Solicitor, Report FIN 01-16
2016 Interim Levy and Interim Tax Installment Due Dates
Recommendation
32-37
1. That an interim property tax levy be adopted for all realty property classes
for 2016;
2. That the interim property tax levy tax instalment due dates be February 25
and April 25, 2016;
3. That the attached draft by-law, providing for the imposition of the taxes, be
enacted; and
4. That the appropriate City of Pickering officials be authorized to take the
necessary actions as indicated in this report.
Director, Corporate Services & City Solicitor, Report FIN 02-16
2016 Financial Policy and Housekeeping Items
Recommendation
38-46
1. That Council amend the Community Grant Policy to permit the issuance of
grants to those organizations that previously received grants up to $1,000
to accommodate the grant requests that occur prior to Council budget
approval;
2. That Council approve the Development Services fee changes listed on
Attachment 1 and these fees be incorporated into the development of the
2016 Current Budget;
3. That Council amend the Purchasing Policy as follows:
a) That the Chief Administrative Officer and Treasurer be authorized
to approve consulting services between $30,000 to $50,000
initiated by the Director without going through the competitive
process and any award above $50,000 is subject to the additional
approval of Council;
b) That subsection 6.12 (Purchasing Policy) be amended to authorize
the Chief Administrative Officer and Treasurer to approve the
purchase of goods and services that are within budget over
$75,000 up to $250,000;
c) Any contract or tender for the purchase of goods and services over
$250,000 will require the approval of the Director, Division Head,
Finance & Treasurer, Chief Administrative Officer and Council;
d) That subsection 6.08 (Purchasing Policy) be amended to allow the
Director to approve the purchase of goods or services over $1,000
and up to $5,000 not covered by a contract or blanket order where
a minimum of one informal quote has been obtained and that the
Director or designate is responsible to ensure that all of the Health
& Safety and Insurance requirements have been met;
4. That the City's Investment Policy be amended to permit the City to invest
in The One Investment Program -Universe Corporate Bond Portfolio to an
upset dollar limit of $5.0 million and that the corresponding By-law be
approved;
5. That Pickering Council authorize staff to proceed with the initial
investigation and preliminary marketing of City owned lands at 2510 Brock
Road and the lands adjacent to the Pickering Soccer Centre located at
1975 Clements Road;
6. That the City's Fair Wage Policy be repealed; and
7. That the appropriate City of Pickering officials be authorized to take the
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By-laws
7463/16
7464/16
7465/16
7466/16
January 18, 2016
A by-law to authorize The Corporation of the City of Pickering to
enter into the Agency Agreement, as defined herein, between
CHUMS Financing Corporation and Local Authority Services
Limited, as Agent, and Eligible Investors with respect to "The One
Investment Program" and to authorize the Treasurer to execute
the necessary documents from time to time for that Purpose.
[Refer to Executive Pages 45-46]
Being a by-law to amend By-law 6604/05 providing for the
regulating of traffic and parking, standing and stopping on
highways or parts of highways under the jurisdiction of the City of
Pickering and on private and municipal property. [Refer to
Executive Pages 27 -28]
Being a by-law for the collection of taxes and to establish the
instalment due dates for the Interim Levy 2016. [Refer to
Executive Pages 35-37]
Being a by-law to establish that part of Lots 24 and 26, RCP 818,
being Part 1, Plan 40R-29018 as public highway. (By-law
attached)
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