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General Government Committee

Minutes

Meeting #:

Date:

Monday, February 05, 2024

Time:

9:30 A.m. - 4:30 P.m.

Location:

Council Chambers or Microsoft Teams

Municipal Administrative Centre

40 Temperance Street, 2nd Floor

Bowmanville, Ontario

Members Present:

• Mayor A. Foster, 
• Councillor G. Anderson, 
• Councillor S. Elhajjeh, 
• Councillor L. Rang, 
• Councillor C. Traill, 
• Councillor W. Woo, 
• and Councillor M. Zwart 

Staff Present:

• M. Dempster, 
• J. Newman, 
• L. Patenaude, 
• R. Maciver, 
• T. Pinn, 
• J. Gallagher, 
• L. Backus, 
• and L. Reck 

Other Staff Present:

• P. Da Silva

   

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1.

Call to Order

Councillor Elhajjeh called the meeting to order at 9:31 a.m.

2.

Land Acknowledgement Statement

Councillor Woo led the meeting in the Land Acknowledgement Statement.

3.

Declaration of Interest

There were no disclosures of interest stated at this meeting.

4.

Announcements

Members of Committee announced upcoming community events and matters of community interest.

5.

Presentations/Delegations (10 Minute Time Limit)

5.1

Presentation by Ian McVey, Manager of Sustainability, Regional Municipality of Durham, Regarding Support for the Courtice Transit-Oriented Community District Energy System

Ian McVey, Manager of Sustainability, Regional Municipality of Durham, was present regarding Support for the Courtice Transit-Oriented Community District Energy System (DES). Using an electronic presentation, Ian introduced the DES and outlined the strategic alignment with Envision Durham, Durham Community Energy Plan, and the Community Host Agreement. I. McVey explained the project history and the district energy options.

Ian provided an overview of the DES business case, including the sensitivity to electricity rate escalation and the potential for low-cost financing and grants. I. McVey outlined the district energy ownership models and municipal district energy supportive policies. Ian explained the target project development timeline and process and Regional Council's direction. I. McVey answered questions from Members of Committee.

• Resolution # GG-001-24
  Moved by Mayor Foster
  Seconded by Councillor Anderson

  Whereas at the Council Meeting of January 24^th, 2024, Regional Council endorsed in principle the concept of a district energy system (DES) in the Courtice Transit-Oriented Community (CTOC) that leverages waste heat from Regional infrastructure in the adjacent Clarington Energy Park;

  And whereas district energy is a strategic priority for building sector decarbonization with the potential to contribute more than 15 percent of total GHG emissions reductions by 2050, making it one of the top decarbonization strategies for Durham Region;

  And whereas this is a unique opportunity for the Region of Durham and Clarington to work with utilities and landowners to demonstrate leadership in a major transit-oriented development initiative surrounding the future Courtice GO Station;

  Now therefore be it resolved that the Municipality of Clarington collaborate with the Regional Municipality of Durham to integrate the DES concept into the CTOC Secondary Plan; and

  That a copy of this resolution be forwarded to the Regional Municipality of Durham and Association of Municipalities of Ontario.

  Carried

6.

Consent Agenda

• Resolution # GG-002-24
  Moved by Councillor Rang
  Seconded by Councillor Traill

  That all items listed in Section 6, with the exception of Items 6.3 and 6.6, be approved on consent, in accordance with the Agenda.

  Carried

6.1

LGS-003-24 - Intimate Partner Violence – Follow Up on Direction

• Resolution # GG-003-24

  That Report LGS-003-24, and any related delegations or communication items, be received for information;

  That, in an effort to help prevent Intimate Partner Violence, Council take the following actions:

  1. 1. Affirm that Intimate Partner Violence (IPV) has reached epidemic proportions;
     2. Continue to advocate, to the Region of Durham, for transportation services for residents accessing IPV-related support where public transportation is inadequate, or not available;
     3. Continue advocating for expanded cell service and high-speed internet throughout the community; and
     4. Continue to promote and support community safety outreach programs across the Municipality.

  That the IDEA Officer be directed to:

  1. 1. Arrange training, in 2024, for front-line staff who may encounter IPV situations;
     2. Incorporate a reference to IPV within Clarington’s 2024 Reconciliation Action Plan.

  That Clarington Community Engagement Staff take the following actions:

  1. 1. Promote and share public education campaigns to promote awareness about IPV including, where available, in multiple languages and formats;
     2. Identify/create, by end of 2024, private confidential spaces in libraries and community centres, where victims of IPV could make phone calls to shelters, police and victim services for support and guidance;
     3. Co-host age-appropriate community awareness programs which address IPV in 2024/2025;
     4. Propose a funding stream, as part of the 2025 budget, within the Community Funding Program, which supports community safety programs, including IPV, especially in rural areas of Clarington; and
     5. Install information and resources in recreation facility washrooms and community message boards in 2024.

  That this resolution be forwarded to all Durham MPPs, the Ministry of the Attorney General, the Ministry of Women’s Social and Economic Opportunity, Durham Region Council, all lower-tier Durham municipalities, and Durham Regional Police Services Board.

6.2

CAO-001-24 - Define and Determine the Duties and Responsibilities of the CAO

• Resolution # GG-004-24

  That Report CAO-001-24, and any related delegations or communication items, be received;

  That the By-law attached to Report CAO-001-24, as attachment 1, be approved; and

  That all interested parties listed in Report CAO-001-24, and any delegations be advised of Council’s decision.

6.4

FSD-005-24 - 2023 Annual Leasing Report and Policy Update

• Resolution # GG-005-24

  That Report FSD-005-24, and any related delegations or communication items, be received;

  That the Lease Financing Policy attached to Report FSD-005-24, as attachment 1, be approved;

  That Attachment A to Report FND-021-03, as the Statement of Lease Financing Policies and Goals be replaced by the “Lease Financing Policy”; and

  That all interested parties listed in Report FSD-005-24, and any delegations be advised of Council’s decision.

6.5

FSD-007-24 - 2023 Annual Commodity Hedging Report and Commodity Hedging Policy Update

• Resolution # GG-006-24

  That Report FSD-007-24, and any related delegations or communication items, be received;

  That the Commodity Hedging Policy attached to Report FSD-007-24, as attachment 1, be approved;

  That Schedule B to Report COD-054-08, as the “Commodity Price Hedging Agreements Statement of Policies and Goals” be replaced by the “Commodity Hedging Policy” and

  That all interested parties listed in Report FSD-007-24, and any delegations be advised of Council’s decision.

6.7

FSD-008-24 - Delegation of Authority to Single Source Equipment for Outdoor Rinks

• Resolution # GG-007-24

  That Report FSD-008-24, and any related delegations or communication items, be received;

  That the CAO be given delegated authority to single source the purchase of refrigeration equipment for the construction of outdoor skating rinks as authorized by Resolution #C-122-23; and

  That all interested parties listed in Report FSD-008-24, and any delegations be advised of Council’s decision.

6.3

FSD-004-24 - Orono Arena Community Centre Indoor Rink Refurbishment

• Resolution # GG-008-24
  Moved by Councillor Woo
  Seconded by Councillor Zwart

  That Report FSD-004-24, and any related communication items, be received;

  That Gerr Construction Limited with a total bid amount of $2,030,112.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2023-41 be awarded the contract for the Orono Arena and Community Centre Indoor Rink Replacement and renovations, as required by the Community Services Department;

  That the total cost of $2,233,123.20 (Net HST Rebate), which includes construction costs of $2,030,112.00 (Net HST Rebate) and other related costs such as design, inspection, testing, contract administration and contingencies of $203,011.20 (Net HST Rebate) be funded from the Newcastle/Orono Arena Improvements account; and

  That all interested parties listed in Report FSD-004-24, and any delegations be advised of Council’s decision.

  Carried

6.6

PUB-001-24 - South Bowmanville Recreation Centre – Architectural Services

• Resolution # GG-009-24
  Moved by Mayor Foster
  Seconded by Councillor Rang

  That Report PUB-001-24, and any related delegations or communication items, be received;

  That the Purchasing By-law 2021-077, be waived to give the CAO authority to approve Staff recommendation for the awarding of the RFP 2023-10 Architectural (Prime Consultant) Services for the South Bowmanville Recreation Centre; and

  That the CAO be authorized to execute the necessary agreements, in a form acceptable to the Deputy CAO/Solicitor and the Deputy CAO/Treasurer.

  Yes (6)	Mayor Foster, Councillor Anderson, Councillor Zwart, Councillor Rang, Councillor Elhajjeh, and Councillor Woo
  No (1)	Councillor Traill

  Carried on a recorded vote (6 to 1)

7.

Items for Separate Discussion

8.

Unfinished Business

9.

New Business

9.1

Request the Province Review and Modernize the Municipal Freedom of Information and Protection of Privacy Act (Mayor Foster)

• Resolution # GG-010-24
  Moved by Mayor Foster
  Seconded by Councillor Traill

  Whereas the Municipal Freedom of Information and Protection of Privacy Act, 1990 (MFIPPA) has not been comprehensively reviewed in over 30 years;

  And whereas municipalities consider transparency an important tool for building and maintaining public trust and recognize the importance of continuously improving;

  And whereas municipal administrators need legislation that supports effective local program delivery, is responsive to current technology and reflects its original intent of open and accountable government;

  And whereas MFFIPA presents a number of challenges for municipal staff which can hinder its effectiveness and efficiency when it comes to serving the public;

  And whereas municipalities should have updated legislation that ensures municipal resources are best allocated; increases trust in public institutions through strengthening accountability, transparency and responsiveness; and addresses the needs of the digital era;

  And whereas the Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO) has comprehensively reviewed MFIPPA and put forward recommendations in their submission “Looking Ahead: A Proactive Submission to Modernize the Municipal Freedom of Information and Protection of Privacy Act”;

  Now therefore be it resolved that the Ministry of Public and Business Service Delivery be requested to review MFIPPA and consider recommendations as outlined by AMCTO within their submission, “Looking Ahead: A Proactive Submission to Modernize the Municipal Freedom of Information and Protection of Privacy Act”; and

  That a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Public and Business Service Delivery, local MPPs, AMO, AMCTO.

  Yes (7)

  Mayor Foster, Councillor Anderson, Councillor Traill, Councillor Zwart, Councillor Rang, Councillor Elhajjeh, and Councillor Woo

  Carried on a recorded vote (7 to 0)

10.

Confidential Items

• Closed Session

  Resolution # GG-011-24
  Moved by Councillor Rang
  Seconded by Mayor Foster

  That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing matters that deal with:

  • Personal information about an identifiable individual including municipal employees;
  • Labour relations or employee negotiations; and
  • The security of the property of the municipality or local board.
  Carried

10.1

LGS-002-24 - 2023 CUPE Market Review

10.2

Update from Rick Hutchinson, Chief Information Officer, Regarding IT Security Risks

• Rise and Report

  The meeting resumed in open session at 11:20 a.m.

  Councillor Elhajjeh advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 as amended, and one resolution was passed to provide direction to Staff.

11.

Adjournment

• Resolution # GG-012-24
  Moved by Councillor Rang
  Seconded by Councillor Zwart

  That the meeting adjourn at 11:21 a.m.

  Carried