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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 Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. 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 35 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. 37 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 27 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 30 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) 31