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04 28 2010 Council MinutesWednesday, April 28, 2010 2006 - 2010 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Terry Allison Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans Regrets: Councillor Mel Coutanche TIME: 7:02 p.m. Staff Present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Jerry Ball, Director of Transportation and Environmental Services; Shawn Binns, Director of Recreation and Community Services; Richard Playfair, Director of Fire & Emergency Services; Tamara Obee, Manager Health & Safety, Employee Relations, Samah Othman, Executive Assistant/Corporate Communications Specialist Also Present: Karen & Leonard Martin, Curt & Joan Phillips, Bill Gillespie, Sandra Regling, Cindy Cuft, Andrew Bird, Fiona Bird, Patricia Quinn, Bruce Quinn, Mel Howell, Ruth-Ann Howell, Joannie Spence, Ann Truyens, Al Lees, Rick Barrie, Debbie & Mike Howe, Rob Prady, Brad Bowden, Joe Denes, Andrea Mountain, Dave Jamieson, Christine Richards, Kelly Key, Heather Hughes, Joan Phillips, Ken Hughes 1.&2. OPENING OF MEETING BY THE MAYOR Mayor H.S. Hughes assumed the Chair and called the meeting to order. THE TOWNSHIP OF ORO-MEDONTE REGULAR COUNCIL MINUTES Council Chambers Page 1 of 13 Council Meeting Minutes -April 28, 2010 3. NOTICE OF ADDITIONS a) Motion for Additions Motion No. C100428-1 Moved by Evans, Seconded by Agnew Be it resolved that the following items be added to the agenda for consideration: 17e) Robin Dunn, Chief Administrative Officer, re: Legal Matter (NVCA Levy 2010). Carried. 4. ADOPTION OF AGENDA a) Motion to Adopt the Agenda Motion No. C100428-2 Moved by Allison, Seconded by Crawford Be it resolved that the agenda for the Council meeting of Wednesday, April 28, 2010 be received and adopted. Carried. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None declared. 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Council meeting held on April 14, 2010. Motion No. C100428-3 Moved by Agnew, Seconded by Crawford Be it resolved that the minutes of the Council meeting held on April 14, 2010 be adopted as printed and circulated. Carried. Page 2 of 13 Council Meeting Minutes -April 28, 2010 7. RECOGNITION OF ACHIEVEMENTS: a) Cassie Leigh, Becky Leigh and Connor Doll, Oro-Medonte Area Wrestlers. b) Brad Bowden, Men's Paralympic Ice Sledge Hockey Team. c) Dave Jamieson, Goalie Coach, Canadian Women's Olympic Hockey Team. d) Oro Thunder Novice Rep Hockey Team. e) 2010 Battle of the Badges Charity Hockey Game. All of the recipients were congratulated for their dedication and commitment and were presented with certificates of achievement by members of Council. Refreshments were served. Council resumed at 8:20 p.m. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: a) Craig Hebert, Branch Manager, Water-Community Infrastructure, AECOM re: Update on Provision of Services - Municipal Engineers. Confidential correspondence was distributed to Council and staff. Motion No. C100428-4 Moved by Crawford, Seconded by Allison Be it resolved that the confidential correspondence and PowerPoint presentation presented by Craig Hebert, Branch Manager; and Al Lees, Senior Project Manager, AECOM re: Update on Provision of Services - Municipal Engineers be received. Carried. Page 3 of 13 Council Meeting Minutes -April 28, 2010 b) Report No. RC 2010-09, Shawn Binns, Director of Recreation and Community Services re: Shanty Bay Firefighter Subsidy Request. Motion No. C100428-5 Moved by Crawford, Seconded by Agnew Be it resolved 1. That Report No. RC 2010-09, Shawn Binns, Director of Recreation and Community Services re: Shanty Bay Firefighter Subsidy Request be received and adopted. 2. That the request from the Shanty Bay Firefighter's request to waive the rental fees of the Shanty Bay Ball Diamond in the amount of $264.00 for the 2010 season be approved. 3. And Further That the applicant's be notified of Council's decision. Carried. 11. REPORTS OF MEMBERS OF COUNCIL: Confidential correspondence was distributed to Council and staff. Motion No. C100428-6 Moved by Allison, Seconded by Crawford a) Mayor H.S. Hughes re: 203 Shoreline Drive. Be it resolved that the correspondence dated April 8, 2010 from Shelagh and George Barrington and presented by Mayor H.S. Hughes re: 203 Shoreline Drive be received. Carried. 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on April 21, 2010. Motion No. C100428-7 Moved by Evans, Seconded by Allison Be it resolved that the minutes of the Committee of the Whole meeting held on April 21, 2010 be received and further that the recommendations therein be adopted. Carried. Page 4 of 13 Council Meeting Minutes -April 28, 2010 b) Minutes of Committee of Adjustment meeting held on April 15, 2010. Motion No. C100428-8 Moved by Crawford, Seconded by Allison Be it resolved that the draft minutes of the Committee of Adjustment meeting held on April 15, 2010 be received. Carried. 13. CONSENT AGENDA: a) Correspondence dated April 9, 2010 from Stephanie Marsden, Kinark Child and Family Services, re: Proclamation Request, "Children's Mental Health Week", May 3-7,2010. Staff Recommendation: Receive, Proclaim and Post on Township's Website. b) Correspondence dated April, 2010 from Jeremy Trump, Child Find Ontario, re: Proclamation Requests, "National Missing Children's Day" May 25, 2010; and "Green Ribbon of Hope Month" Month of May. Staff Recommendation: Receive, Proclaim and Post on Township's Website. c) Nottawasaga Valley Conservation Authority, minutes of March 12 and highlights of April 9, 2010 meetings. Staff Recommendation: Receive. d) Correspondence received April 23, 2010 from Stewart & Karen Higgins, Horseshoe Valley Property Owners Association re: Letter of Appreciation. Staff Recommendation: Receive. e) Correspondence dated April 22, 2010 from Dana Richardson, Deputy Minister of Municipal Affairs and Housing re: Emergency Preparedness Week. Staff Recommendation: Receive. Page 5 of 13 Council Meeting Minutes -April 28, 2010 Motion No. C100428-9 Moved by Evans, Seconded by Crawford Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Correspondence dated April 9, 2010 from Stephanie Marsden, Kinark Child and Family Services, re: Proclamation Request, "Children's Mental Health Week", May 3-7,2010. Received, Proclaimed and Posted on Township's Website. b) Correspondence dated April, 2010 from Jeremy Trump, Child Find Ontario, re: Proclamation Requests, "National Missing Children's Day" May 25, 2010; and "Green Ribbon of Hope Month" Month of May. Received, Proclaimed and Posted on Township's Website. c) Nottawasaga Valley Conservation Authority, minutes of March 12 and highlights of April 9, 2010 meetings. Received. d) Correspondence received April 23, 2010 from Stewart & Karen Higgins, Horseshoe Valley Property Owners Association re: Letter of Appreciation. Received. e) Correspondence dated April 22, 2010 from Dana Richardson, Deputy Minister of Municipal Affairs and Housing re: Emergency Preparedness Week. Received. Carried. Page 6 of 13 Council Meeting Minutes -April 28, 2010 14. COMMUNICATIONS: a) Correspondence dated April 20, 2010 from Paula and Tony Burger re: Petition, Request to Lower Speed Limit, Medonte Road 2 from Hwy. 12 to Mount St. Louis Road East. Motion No. 0100428-10 Moved by Allison, Seconded by Crawford Be it resolved 1. That the correspondence dated April 20, 2010 from Paula and Tony Burger re: Petition, Request to Lower Speed Limit, Medonte Road 2 from Hwy. 12 to Mount St. Louis Road East be received. 2. That the applicant's request be referred to staff for inclusion in the Township's comprehensive report with respect to speed limits throughout the Township. 3. And Further That the applicant be notified of Council's decision. Carried. b) Correspondence dated April 13, 2010 from Jim Fockens, President, Oro-Medonte Minor Sports Association re: Concession Stand Proposal. Council consented to allow members of the Oro-Medonte Minor Sports Association to respond to questions on the matter. Motion No. C100428-11 Moved by Hough, Seconded by Allison Be it resolved that the motion with respect to the correspondence dated April 13, 2010, from Jim Fockens, President, Oro-Medonte Minor Sports Association re: Concession Stand Proposal be deferred to the May 12, 2010 meeting for further information. Carried. Page 7 of 13 Council Meeting Minutes - April 28, 2010 Motion No. C100428-12 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated April 13, 2010 from Jim Fockens, President, Oro- Medonte Minor Sports Association re: Concession Stand Proposal be received. 2. That the requirements of By-Law No. 2004-112, "Being a By-law to establish Purchasing and Tendering Procedures for The Corporation of the Township of Oro-Medonte" be waived. 3. That the Oro-Medonte Minor Sports Association be awarded the contract for the operation of the concession booth at the Oro-Medonte Community Arena for a period of two years. 4. That the lease rate for the concession stand be established at "nil" for the two year period. 5. That the appropriate by-law be brought forward for Council's consideration. 6. And Further That the applicant be notified of Council's decision. Deferred. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: a) Motion to go In-Camera Motion No. C100428-13 Moved by Crawford, Seconded by Allison Be it resolved that we do now go In-Camera at 9:46 p.m. to discuss Personal and Legal Matters. Carried. Page 8 of 13 Council Meeting Minutes - April 28, 2010 Motion No. C100428-12 Moved by Crawford, Seconded by Evans Motion No. C100428-12 defeated at May 12, 2010 Council meeting, Motion No. C100512-8 Be it resolved 1. That the correspondence dated April 13, 2010 from Jim Fockens, President, Oro- Medonte Minor Sports Association re: Concession Stand Proposal be received. 2. That the requirements of By-Law No. 2004-112, "Being a By-law to establish Purchasing and Tendering Procedures for The Corporation of the Township of Oro-Medonte" be waived. 3. That the Oro-Medonte Minor Sports Association be awarded the contract for the operation of the concession booth at the Oro-Medonte Community Arena for a period of two years. 4. That the lease rate for the concession stand be established at "nil" for the two year period. 5. That the appropriate by-law be brought forward for Council's consideration. 6. And Further That the applicant be notified of Council's decision. Deferred. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: a) Motion to go In-Camera Motion No. C100428-13 Moved by Crawford, Seconded by Allison Be it resolved that we do now go In-Camera at 9:46 p.m. to discuss Personal and Legal Matters. Carried. Page 8 of 13 Council Meeting Minutes -April 28, 2010 b) Motion to Rise and Report Motion No. C100428-14 Moved by Agnew, Seconded by Evans Be it resolved that we do now Rise and Report at 11:00 p.m. Carried. Motion No. C100428-15 Moved by Evans, Seconded by Crawford Be it resolved that Rule 3.6 of Procedural By-law 2008-109 be suspended in order to allow the meeting to proceed past the normal adjournment hour of 11:00 p.m. Carried. c) Robin Dunn, Chief Administrative Officer re: Personal Matter (Lake Simcoe Regional Airport Appointments). Motion No. C100428-16 Moved by Allison, Seconded by Crawford Be it resolved that the verbal information presented by Robin Dunn, Chief Administrative Officer re: Personal Matter (Lake Simcoe Regional Airport Appointments) be received; that Councillor Crawford and Len Leach be appointed to the Lake Simcoe Regional Airport Board of Directors as the Township of Oro-Medonte representatives for the balance of the term of Council; and that the Township of Oro-Medonte's appointments be forwarded to the City of Barrie in accordance with Section 6.09 of the Lake Simcoe Regional Airport Agreement. Carried. Page 9 of 13 Council Meeting Minutes -April 28, 2010 d) Doug Irwin, Director of Corporate Services/Clerk, re: Legal Matter (Plan 952 - 2273 Lakeshore Road East). Motion No. C100428-17 Moved by Agnew, Seconded by Crawford Be it resolved 1. That Confidential Report No. CS 2010-08, Doug Irwin, Director of Corporate Services/Clerk, re: Legal Matter (Plan 952 - 2273 Lakeshore Road East) be received and adopted. 2. And Further That the residents be offered the standard Township Encroachment and License Agreement for the permanent encroachments located on Lot 69, Plan 952, municipally known as 2273 Lakeshore Road East Carried. e) Robin Dunn, Chief Administrative Officer re: Legal Matter (NVCA Levy 2010). Motion No. C100428-18 Moved by Crawford, Seconded by Allison Be it resolved that the confidential correspondence dated April 21, 23, 26 and 28, 2010 and presented by Robin Dunn, Chief Administrative Officer re: Legal Matter (NVCA Levy 2010) be received; and that the Chief Administrative Officer proceed as directed and report back on May 12, 2010. Carried. Recorded Vote ReqL Councillor Agnew Councillor Allison Councillor Coutanche Councillor Crawford Councillor Evans Deputy Mayor Hough Mayor H.S. Hughes jested by Councillor Agnew Nay Nay Absent Yea Yea Yea Yea Page 10 of 13 Council Meeting Minutes -April 28, 2010 18. BY-LAWS a) By-Law No. 2010-072 Being a By-Law to Authorize the Execution of a Tax Arrears Extension Agreement. Motion No. C100428-19 Moved by Allison, Seconded by Crawford Be it resolved that a By-Law to Authorize the Execution of a Tax Arrears Extension Agreement be introduced and read a first and second time and numbered By-Law No. 2010-072. Carried. That By-Law No. 2010-072 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. b) By-Law No. 2010-74 Being a By-Law to Authorize the Execution of a Tax Arrears Extension Agreement. Motion No. C100428-20 Moved by Evans, Seconded by Agnew Be it resolved that a By-Law to Authorize the Execution of a Tax Arrears Extension Agreement be introduced and read a first and second time and numbered By-Law No. 2010-074. Carried. That By-Law No. 2010-074 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 11 of 13 Council Meeting Minutes-April 28, 2010 c) By-Law No. 2010-078 Being a By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers And to Repeal By-Law Nos. 2009-057 and 2009-094. Motion No. C100428-21 Moved by Crawford, Seconded by Allison Be it resolved that a By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers And to Repeal By-Law Nos. 2009-057 and 2009-094 be introduced and read a first and second time and numbered By-Law No. 2010-078. Carried. That By-Law No. 2010-078 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. d) By-Law No. 2010-079 A By-law to Appoint Livestock Valuers And to Repeal By-law Nos. 99-13 and 2002-097. Motion No. C100428-22 Moved by Evans, Seconded by Crawford Be it resolved that a By-law to Appoint Livestock Valuers And to Repeal By-law Nos. 99- 13 and 2002-097 be introduced and read a first and second time and numbered By-Law No. 2010-079. Carried. That By-Law No. 2010-079 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 12 of 13 Council Meeting Minutes -April 28, 2010 19. CONFIRMATION BY-LAW a) By-Law No. 2010-77 Being a By-Law to Confirm the Proceedings of the Council Meeting Held on April 28, 2010. Motion No. C100428-23 Moved by Allison, Seconded by Crawford Be it resolved that a By-Law to confirm the proceedings of the Council meeting held on Wednesday, April 28, 2010 be introduced and read a first and second time and numbered By-Law No. 2010-077. Carried. That By-Law No. 2010-077 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT a) Motion to Adjourn Motion No. C100428-24 Moved by Crawford, Seconded by Evans Be it resolved that we do now adjourn at 11:20 p.m. Carried. Cle , J. D u Irwin Page 13 of 13