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Written by Gordon Prentice

Published: 25 March 2019

The unelected Chair of York Regional Council, Wayne Emmerson, last week apologised to elected members for slapping them down in public. He says sometimes he just loses it. 

Joe Li and Jack Heath have been recent targets of Emmerson’s ire. 

Emmerson has a tendency to hurry Heath along, urging him to get to the point.

Jack Heath can be a tad long-winded at times but I find him thoughtful and always worth listening to. 

Wayne “Back from the Dead” Emmerson has his favourites. He always defers to Markham’s Mayor, Frank Scarpitti, who can drone on interminably. I’ve never heard Emmerson utter a single critical word about Scarpitti, York Region’s capo di tutti capi and the highest paid Mayor in Ontario. Maybe that’s because Frank gets more money in pay and benefits than Emmerson’s $281,938. I haven’t checked recently.

Against streaming

Both were dead against the live streaming of York Council and Committee meetings and now we know why. Frank didn’t think he was pretty enough for the TV cameras and Emmerson, on his own admission, can be a bit bossy.

“Over the last couple of weeks I’ve had an opportunity to look at the tapes of what’s gone on and re-visit some of the tapes and I have to say to you that some comments have been made to me that (I’ve made) too many comments and I do apologise if I’ve hurt your feelings or done anything different. I sometimes lose it. We go on. So I’ll do my best not to make as many comments.” 

“And the other thing is I try never ever to cut you off. And I do apologise to Councillor Heath the other day about some of the things said. I will do better as we go forward. Just so you are aware of that.”

Emmerson is currently the only member of the Regional Council not to be subject to a Code of Conduct. All the others are covered by the Codes that operate in their home municipalities (which Emmerson doesn’t have).

Naughty Boy!

But now the Region is being forced by law to bring in a Code of Conduct for its members. And not before time. A few years ago the Regional Councillor for Vaughan, Michael Di Biase, was docked three month’s pay in his home municipality for interfering with the tendering process. Naughty boy! But his York Region salary – or “stipend” – remained untouched. 

And when the draft Code was brought forward for approval there were all sorts of squeals and protests.

Emmerson immediately established some kind of “working group”. I’ve no idea who is on it nor how they were selected. Nor its terms of reference. He mumbles to his colleagues:

“We did have a small working group and we kinda went through it (the draft Code of Conduct) and we made some more or less adjustments but we have another meeting scheduled for April 11 after the Committee of the Whole and we hope to be able to bring a report to Council on April 18 to finally understand what the Code of Conduct is. But we’ll have (indistinct)”

“But this is Council’s Code and this is why the Committee kinda wanted to make sure we had a bit more time with it…. It is back on the agenda (today) because we said we’d bring it back on March 21.”

The Municipal Act requires all municipalities to establish a Council Code of Conduct by March 1, 2019. 

Let’s hope York Region can agree its first ever Code of Conduct by April 18, 2019.

But don’t count on it.

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Written by Gordon Prentice

Published: 21 March 2019

I am writing this at 8.30pm on Thursday 21 March 2019. 

The European Council (the leaders of all the member states of the EU) has just published its final, considered view on Brexit.

If the UK Parliament does not approve Theresa May's negotiated deal (which it has rejected twice) the UK will be out of the European Union on 12 April. 

Things are moving so quickly this could be old news by tomorrow morning. 

To be clear, I want Britain to stay in the European Union. 

But it could crash out without a deal.

I always believed we could cut the Gordian Knot by holding a second referendum on May's negotiated deal. Are voters in favour of leaving the EU on her terms or not? But the EU imposed timetable seems to preclude even this possibility.

As it happens, I was at the Newmarket Historical Society’s excellent meeting last night on the Dambusters and got talking to an old Canadian friend about Brexit. He has lived and worked in the UK and wants Britain out – even without a deal.

Oh dear!

Time for a reality check 

Here is a clip to help Americans understand Brexit. (But Canadians can take a peek!) It was broadcast on 6 March 2019 and is now ancient history. But it is still worth watching.

The Bank of England under its Canadian Governor, Mark Carney, forecast last November that leaving the EU without a deal would shrink the UK economy by about 8% in the first year. This would have huge implications for jobs and prosperity. As big a dislocation as the global financial crisis of 2008.

In the Brexit Referendum on 23 June 2016 the British (Conservative) Government advised voters to vote to remain in the EU. The case is set out here. 

In the event, the voters decided to leave by a 52%-48% margin. But there was a mountain of misinformation or “fake news” that persuaded lots of people there was no downside to leaving the EU. All gain no pain.

After losing the referendum the then Conservative PM, David Cameron, resigned and Theresa May took over. To consolidate her authority she called a general election on 8 June 2017 and lost. The Conservatives squandered their majority but stayed in office as a minority administration, supported by the time-warped  Democratic Unionists from Northern Ireland, a throwback Party from the days of the Protestant ascendancy. (No need for more details here.)

As Prime Minister, Theresa May nevertheless vowed to implement the results of that 2016 referendum – in which she supported the remain (losing) side.

The UK has always been a net contributor to the European Union. That is, it pays in more than it gets out. Over the years 2010-2014 the average net contribution was £7.1 billion or a little over Can$12 billion. For every £1 paid in tax in the UK a little over 1p goes to the EU.

This fed the notion that Britain leaving the EU would have barrowloads of cash to spend, for example, on the National Health Service. Allegedly an extra £350m every week. The math was always too neat and tidy to be true.

In the main older people were more likely to vote leave than younger people. And poorer parts of the country were more likely to vote leave than wealthier areas. People in Scotland voted to stay in the EU by a wide margin.

So, why was there a majority voting to leave? 

As always, immigration loomed large. The UK has changed massively in its demography in my lifetime. Although there are still many places where white people make up more than 95% of the population the number of such places will inevitably diminish over time. The UK is becoming ever more diverse. 

That said, many voters believed that leaving the EU would mean “fewer foreigners”. But the UK can’t do without them. 

There is free movement of labour within the EU. Leaving the European Union would mean the numbers of Polish plumbers and Romanian fruit pickers and French hospitality people would in future be controlled. But their equivalents would have to be brought in from somewhere else. The restaurant industry in London would collapse tomorrow without foreign labour.

And if UK citizens of, for example, Indian and Pakistani heritage want to marry and bring over to the UK spouses from the sub-continent there is nothing practically that can be done to stop that. There are English language tests and marriage age thresholds and “money in the bank” requirements but this is as far as you can go without having race as a litmus test and that would be completely unacceptable. 

The UK is a big economy – the fifth largest in the world according to the IMF – but it is highly integrated with the EU where most of its exports go. 

The traffic is two-way. In 2016 European Union countries exported goods to the UK amounting to €314 billion. That is more than the total EU exports to Brazil, Russia, India and China combined.

But after Brexit who knows what tariff barriers will be erected? Who knows what kind of deals the UK can cut with the rest of the world?

If the UK leaves the European Union we shall find out soon enough.

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Written by Gordon Prentice

Published: 19 March 2019

Job creation in Aurora has again outstripped Newmarket according to figures from the latest employment survey from York Region. 

Aurora saw an 8% growth in jobs from 2017-18 with Newmarket posting a 3% increase.

From 2008-2018 Aurora saw an average annual employment growth of 7%. Newmarket lagged with a 0.7% increase over the same period.

Since 1998 the number of jobs in Newmarket has grown by over 11,100.

But Aurora has seen 8,000 new jobs since 2008.

Swept under the carpet

All this can be difficult to explain to the general public. So the politicians have decided to sweep it under the carpet rather than do the difficult job of explaining the differences.

In 2015 there was a tremendous kerfuffle when we were told that Newmarket generated 100 new jobs between 2009 and 2014 when Aurora got over 5,000. The figures were subsequently revised upwards but only marginally.

The annual survey of employment in each of the Region’s nine constituent municipalities is concealed from the general public to avoid embarrassing municipalities whose jobs record is less than perfect.

In 2016 York Regional Council ruled that the employment figures from each of the nine municipalities should in future be removed from the annual presentation of the Region’s Employment Survey to the Regional Council. York Region's number-cruncher in chief, the excellent Paul Bottomley, was ordered to confine his comments to what was happening Region wide with absolutely no comparisons between municipalities.

Under the table

Instead, the nine factsheets are given to members of the Regional Council “under the table” with no opportunity for comment in the Council Chamber by individual elected members. The wider public is kept in the dark.

It is a very silly way of doing things.

Any comparisons between municipalities should of course carry a health warning. Growth rates in some developing municipalities can easily power ahead of older, bigger and more mature local economies. In the same way, newly developing countries regularly post growth rates that leave developed economies looking dead in the water. But that doesn’t mean they are wealthier. So it is important to compare apples with apples. 

East Gwillimbury, starting with a much smaller economic base than Newmarket, saw a 4.3% growth in jobs in 2017-18. But this amounted to 233 new jobs. Newmarket's employment growth lagged as a percentage (3%) but generated 1,245 new jobs.

York Region as a whole is an economic powerhouse. It is a top destination for business. The latest review tells us:

“At 2.4%, employment growth in York Region outpaced national and provincial employed labour force growth between mid-year 2017 and mid-year 2018, of 1.1% and 2% respectively. Over the past five years York Region has grown at an average annual rate of 2.6%, outperforming average growth rates in the national (1%), provincial (1.2%) and GTA (1.6%) economies.”

The data contains some fascinating stats. I learn the real estate sector was the fastest growing sector with an average annual increase of 7.4%, increasing by 10,850 jobs. The educational sector doubled the number of jobs, adding over 19,700 jobs at an average annual increase of 7.3%. Finance and insurance and healthcare and social services added 11,000 and 17,000 new jobs respectively. 

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Written by Gordon Prentice

Published: 12 March 2019

The York Catholic District School Board (YCDSB) may be very good at educating children but it is a is a very bad neighbour.  

Back story: Last summer, a contractor (Joe Peluso of Peltar) was commissioned by the YCDSB to reconstruct the car park and playground at the Canadian Martyrs Catholic Elementary School in London Road, Newmarket. Without any prior warning, the contractor started compacting the ground with heavy machinery sending massive shock waves into neighbouring properties on Harrison Drive where I live.

One neighbour saw pots and pans dancing about on her stove. In my house cups and saucers rattled violently. My next-door neighbour was concerned about the structural integrity of her swimming pool – containing 35,000 gallons of water - which sits three or four yards from the school property line. Another neighbour was so alarmed she called the police.

Properties were damaged. Cracks appeared in garage walls. But we still have no idea of the extent of any damage not visible to the naked eye.

The School Board was quick to wash its hands of the matter saying it was something for their contractor and our insurance companies. We were told to claim against our own insurance (assuming we all had appropriate cover) who would, in turn, claim against Peltar’s insurers. (The Director of Education, Ab Falconi, is shown left)

And this is where things currently stand.

It is not easy or straightforward to make a claim for damage caused by vibration. Causation becomes the issue. 

The York Catholic District School Board is a huge organisation spanning nine municipalities in York Region. It employs 10,000 staff who are responsible for 54,000 students. There are 87 elementary schools and 16 secondary schools so, in any given year, construction activity of some sort is likely to be undertaken. 

The Director of Education, Ab Falconi, was appointed last year on a salary of $176,399 (according to the 2018 Sunshine List).

Before and after photos

Vibration from construction has caused problems elsewhere in Town previously and next week (Monday 18 March 2019) councillors will debate what can be done about it. (See "Construction Vibration Issues Staff Report", page 123) One possibility would be a new By-law, obliging developers and contractors to carry out pre-construction surveys of properties that could reasonably be expected to be impacted by construction vibration. To its credit, the Town already does this when roads are being dug up. In 2014 when the roadway at Harrison Drive was reconstructed we were asked if we wanted a survey of our properties done beforehand at no cost to residents.

It would then be a simple matter of comparing before and after photos. If a previously smooth wall shows cracks it was likely caused by the construction work.

Unfortunately, the Town's staff report appears to focus on new-build development when all sorts of other construction activity can generate damaging vibration.

I have spent almost six months trying to persuade the York Catholic District School Board to do the right thing. So far without success.

The YCDSB’s contract with Peltar suggests the Board will keep an eye on things during construction. The tender document makes it clear records are kept on contractors’ performance. How else should we interpret the statement that a contractor will be disqualified “whose previous experience with the Board has been unsatisfactory to the Board”?

In reality, the Director of Education, Ab Falconi has shuffled responsibility on to the contractor who refuses to get involved saying it is a matter for the insurance companies. Mr Falconi has shown absolutely no leadership on this issue – and this in an organisation where the Director of Education largely calls the shots.

Falsifying the record

I took a deputation to the full Board on 30 October 2018 to ask it to commission jointly with the residents a structural survey of properties where the owners/occupiers feared damage. The YCDSB would pay the lion’s share and the blameless residents a peppercorn. 

I was listened to with politeness. My new Ward Councillor Trevor Morrison was present as were other residents of Harrison Drive.

Despite this, the Board minute – the official record of the meeting - is incorrect. It asserts I requested a course of action that I didn’t. But despite formal requests to Mr Falconi and to the then Board Chair, Ms Elizabeth Crowe, and to the trustee Theresa McNichol the record remains uncorrected, a glaring misrepresentation. 

Is this ever OK? I don’t think so. 

No record of gas leak

On 10 August 2018, during the course of the work on the car park, a stone’s throw from my back yard, the contractor punctured a gas line. To me, this was evidence of his negligence. I was sitting on my deck at the time and could smell gas. Shortly afterwards a fire truck arrived and two firefighters knocked on my front door, advising me to close doors and windows.

The Fire Incident Report from the Central York Fire Service tells me

“A contractor paving the parking lot hit a gas line causing a leak.”

Yet, on 18 December 2018, a senior member of the School Board’s staff, the Manager of Employee Relations and Privacy, Cheryl Kennedy, told me categorically there had been no gas leak. Ms Kennedy is responsible for all Freedom of Information and Privacy matters at the YCDSB. Someone must have told her there was no leak. Who was that?

I knew then that I was dealing with a seriously dysfunctional organisation with employees willing to dissemble and at least one timorous trustee – Theresa McNichol -  prepared to look the other way. 

On 12 October 2018 I lodged five Freedom of Information requests with the Board which has, by statute, thirty days to answer. I wanted information about the gas leak and about the Board’s policies and procedures for consulting people when construction works are planned. I wanted details of any complaints about construction works going back to 2008. After all, the YCDSB operates a huge estate of more than 100 schools. And I also wanted sight of notes, emails and records relating to the work at the Canadian Martyrs. 

“There are no records”

Over three months later, on 28 January 2019, after chasing them up for an answer I was told no records existed. 

When I asked for sight of the Board’s Records and Information Management Manual which sets out the file classifications and the records which must be retained – and for how long – I was told this was under review and therefore 

“not currently available…”

When I asked if I could consult the Records and Information Management Manual at the Board’s Office in Bloomington Road, Aurora, I was ignored. 

In these remarkable circumstances, I turned for help to the Provincial Information and Privacy Commissioner (IPC). I want to know which files Ms Kennedy consulted before telling me with such certainty that records did not exist. How on earth is it possible for a sophisticated organisation such as a school board to operate by word of mouth, without written records? The IPC asked me to give reasons why I believe the information I requested must exist. One example…

I am told there is no record of a gas leak at the school on 10 August 2018 because the Board maintains there was in fact no gas leak. Yet I have conclusive proof there was such a leak.

The Fire Service Incident Log tells me that unit 472:

“stood by until the Enbridge supervisors and the ground crew arrived and pinched the line stopping the leak. Once the leak was stopped Enbridge cleared 427. Command terminated and 427 cleared.”

Director of Education should appear before councillors

I have asked the Director of Education, Mr Falconi, to come along to the Town’s Committee of the Whole meeting on 18 March 2019 or send a representative.

On Saturday (9 March 2019) by email he conceded for the first time that the Board may be prepared to undertake pre-condition (or pre-construction) surveys but only on a “case-by-case” basis.

This is not good enough.

What criteria would he use to decide who would – or would not be - getting a survey? What if the criteria used is capricious? What if, as is likely, no record is kept of how the decisions were made?

Who would have believed it possible that a responsible organisation such as the York Catholic District School Board would walk away from the property damage caused, bending the truth into a pretzel in the process?

The YCDSB is not a law unto itself.

If the School Board won’t do the right thing then the Town has no option but to bring in a by-law without delay to prevent this happening to others.

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Update on 19 March 2019. You can watch the Committee of the Whole debate on Construction Vibration on 18 March 2019 here starting at 1-06 in.

Update on 25 March 2019. And this is how Newmarket Today covered the story.

Update on 5 April 2019: Coverage on the situation in Glenway

Update on 29 December 2019: This blog was corrected to remove a reference to Ab Falconi's salary being over $200,000. The 2018 Sunshine List (published in March 2019) puts him on $176,399.