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06 09 2010 Council MinutesTHE TOWNSHIP OF ORO-MEDONTE REGULAR COUNCIL MEETING MINUTES Council Chambers t'#';#Yr« ~~a"#, tti4`, :l v'i€diJ##? {-#rJ3i@`a Wednesday, June 9, 2010 TIME: 6:04 p.m. 2006 - 2010 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Terry Allison Councillor Sandy Agnew Councillor John Crawford Councillor Dwight Evans Staff Present: Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of Finance/Treasurer/Deputy CAO; Andria Leigh, Director of Development Services; Jerry Ball, Director of Transportation and Environmental Services; Shawn Binns, Director of Recreation and Community Services; Richard Playfair, Director of Fire & Emergency Services; Hugh Murray, Deputy Fire Chief; Gary Skelding, Chief Municipal Law Enforcement Officer; Janette Teeter, Deputy Clerk; Michael Cullip, Director, Manager-Transportation Engineering, C.C. Tatham & Associates Ltd.; Soren Vaerum, District Sales Manager, Garland Canada Inc. Also Present: Carr Pepler, Janice Merrick, Allan & Linda Baker, Mike Bakkar, Cal Worrell, Liz Smith, Garth Daniels, Laura Maynard, Mike Maynard, Sandie Spattz, Sheila Craig, Bernard Pope, Kirk Schulz, Ann Budge, Sonia Kamel, Walter Kamel, Marty Lancaster, Elizabeth Cormier, Bill Graham, Stacey Graham, David Johnson, Tara Brown, Brad Taylor, Lois Andrews, Mark Scharf, Ron vanDeursen, Nancy Musicco, Jen Roehner, Ryan Dallman, Andrew Campbell, Aaron Murray, Doug Moles, Rob Baker, Bob Johnston, Lynda Johnston, Ted Beaton, Carolyn Paccagnella, Denis Paccagnella, Gord Roehner, Sue Roehner, Marion Somers, Mel Howell, Ruth Ann Howell, Joannie Spence, Ann Truyens Page 1 of 15 Council Meeting Minutes -June 9, 2010 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer/moment of reflection. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda Motion No. C100609-1 Moved by Crawford, Seconded by Evans Be it resolved that the agenda for the Council meeting of Wednesday, June 9, 2010 be received and adopted, as amended to include 6b) Relay for Life in Barrie, June 4-5, 2010, Girl's Night Out Team. 14g) Robin Dunn, Chief Administrative Officer and Gary Skelding, Chief Municipal Law Enforcement Officer re: Solicitor-Client Privilege (Legal Opinion, 8 Line 8 South). And to withdraw Item 9c) Report No. FD 2010-04, Richard Playfair, Director of Fire & Emergency Services, re: Fees for Services. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: Councillor Allison declared a conflict of interest on Item 5a), Minutes of the Committee of the Whole meeting held on June 2, 2010, Motion No. CW100602-9, re: Solar Panels as Green Stone Energy is a potential client of his personal business. Councillor Allison left the table and did not participate in any discussion or vote on this item. 4. MINUTES OF COUNCIL: a) Minutes of Council meeting held on May 26, 2010. Motion No. C100609-2 Moved by Allison, Seconded by Coutanche Be it resolved that the minutes of the Council meeting held on May 26, 2010 be adopted as printed and circulated. Carried. Page 2 of 15 Council Meeting Minutes -June 9, 2010 5. MINUTES OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on June 2, 2010. Councillor Allison declared a conflict of interest on Item 5a), Minutes of the Committee of the Whole meeting held on June 2, 2010, Motion No. CW100602-9, re: Solar Panels as Green Stone Energy is a potential client of his personal business. Councillor Allison left the table and did not participate in any discussion or vote on this item. Motion No. C100609-3 Moved by Evans. Seconded by Crawford Be it resolved that the minutes of the Committee of the Whole Meeting held on June 2, 2010 be received and further that the recommendations therein be adopted with the exception of Motion No. CW100602-9 to be voted on separately. Carried. Motion No. C100609-4 Moved by Evans. Seconded by Agnew Be it resolved that the correspondence dated May 19, 2010, presented by Shawn Binns, Director of Recreation and Community Services, re: Solar Panels be received. Carried. 6. RECOGNITION OF ACHIEVEMENTS: a) Shawn Binns, Successful Completion of Facility Management Professional Certificate Program, University of Toronto. Motion No. C100609-5 Moved by Coutanche, Seconded by Allison Be it resolved that Shawn Binns be recognized for the successful Completion of the Facility Management Professional Certificate Program with the University of Toronto. Carried. Page 3 of 15 Council Meeting Minutes - June 9, 2010 b) Relay for Life in Barrie, June 4-5, 2010, Girl's Night Out Team. Motion No. C100609-6 Moved by Allison, Seconded by Coutanche Be it resolved that the verbal information presented by Robin Dunn, Chief Administrative Officer re: Relay for Life in Barrie, June 4-5, 2010, Girl's Night Out Team be received. Carried. 7. PUBLIC MEETINGS: None. 8. DEPUTATIONS: a) Bernard Pope, re: Establishment of Solar Facilities in Township of Oro-Medonte. Correspondence dated June 9, 2010 was distributed to members of Council and staff. Motion No. C100609-7 Moved by Crawford, Seconded by Agnew Be it resolved that the correspondence dated June 1 and 9, 2010 and presented by Bernard Pope, re: Establishment of Solar Facilities in Township of Oro-Medonte be received. Carried. Page 4 of 15 Council Meeting Minutes - June 9, 2010 b) Mike Maynard re: Submission of Resident Petition, Entry/Exit/Turning Lanes into Sugarbush. Motion No. C100609-8 Moved by Coutanche, Seconded by Allison Be it resolved: 1. That the correspondence dated May 21, 2010 and presented by Mike Maynard re: Submission of Resident Petition, Entry/Exit/Turning Lanes into Sugarbush be received. 2. That staff liaise with the County of Simcoe regarding the matter. 3. That staff prepare a report for Council's consideration. 4. And Further That the Director of Transportation and Environmental Services notify Mr. Maynard of Council's decision. Carried. c) Ted Beaton re: TRY Recycling (Barrie) Inc., Lease Agreement [Refer to Item 15a). Correspondence dated June 4, 2010 was distributed to members of Council and staff. Revised deputation correspondence was distributed to the Chief Administrative Officer. Motion No. C100609-9 Moved by Evans, Seconded by Crawford Be it resolved that the correspondence dated June 4, 2010 and presented by Ted Beaton and Mark Scharf re: TRY Recycling (Barrie) Inc., Lease Agreement be received and considered in conjunction with Item 15a) By-Law No. 2010-095, `Being A By-law to Authorize the Execution of a Lease Agreement Between The Corporation of the Township of Oro-Medonte And TRY Recycling (Barrie) Inc.". Carried. Page 5 of 15 Council Meeting Minutes - June 9, 2010 9. REPORTS OF MUNICIPAL OFFICERS: a) Report No. RC 2010-12, Shawn Binns, Director of Recreation and Community Services re: Tender RC 2010-03 Arena Roof Retrofit [to be distributed at meeting]. The Director of Recreation and Community Services presented a PowerPoint presentation. Motion No. C100609-10 Moved by Coutanche, Seconded by Crawford Be it resolved 1. That Report No. RC 2010-12, Shawn Binns, Director of Recreation and Community Services re: Tender RC 2010-03 Arena Roof Retrofit be received and adopted. 2. That contract RC 2010-03 be awarded to JN Roofing in the amount totaling $389,500 exclusive of taxes. 3. That the net budget for the roof retrofit and panel replacement be established at $416,266. 4. And Further That the project be financed through the recreation and working fund reserves. Carried. b) Jerry Ball, Director of Transportation and Environmental Services and Michael Cullip, Director, Manager - Transportation Engineering, C.C. Tatham & Associates Ltd., re: Travel Speeds & Speed Limits on Select Township Roads, Speed Limit Study, Draft Report dated May 11, 2010 [distributed under separate cover]. Michael Cullip, Director, Manager-Transportation Engineering, C.C. Tatham & Associates Ltd presented a PowerPoint presentation. Motion No. C100609-11 Moved by Allison, Seconded by Coutanche Be it resolved that the Draft Report dated May 11, 2010 and presented by Jerry Ball, Director of Transportation and Environmental Services and Michael Cullip, Director, Manager - Transportation Engineering, C.C. Tatham & Associates Ltd., re: Travel Speeds & Speed Limits on Select Township Roads, Speed Limit Study be received; and further that the matter be brought forward to a future meeting of Council. Carried. Page 6 of 15 Council Meeting Minutes -June 9, 2010 Item 15a) was discussed at this time. Motion No. C100609-12 Moved by Hough, Seconded by Coutanche Be it resolved that we do now go in Closed Session at 8:47 p.m. to discuss • solicitor-client privilege. Carried. Motion No. C100609-13 Moved by Hough, Seconded by Allison Be it resolved that we do now Rise and Report at 9:01 p.m. Carried. Motion No. C100609-14 Moved by Allison, Seconded by Agnew Be it resolved that the confidential correspondence dated June 9, 2010 and presented by Robin Dunn, Chief Administrative Officer, re: solicitor-client privilege (TRY Recycling (Barrie) Inc.) be received. Carried. c) Report No. FD 2010-04, Richard Playfair, Director of Fire & Emergency Services, re: Fees for Services [to be distributed at meeting]. This item was withdrawn. Page 7 of 15 Council Meeting Minutes -June 9, 2010 d) Report No. FD 2010-02, Richard Playfair, Director of Fire & Emergency Services, re: Used Replacement Aerial Platform. Pictures were distributed to members of Council and staff. Motion No. C100609-15 Moved by Agnew, Seconded by Evans Be it resolved 1. That Report No. FD 2010-02, Richard Playfair, Director of Fire & Emergency Services, re: Used Replacement Aerial Platform be received and adopted. 2. That The Fire Chief is authorized to purchase a used replacement Aerial Platform truck not to exceed $95,000 in order to maintain the required level of service subject to satisfactory follow-up with Town of Midland. 3. And Further That funding is taken from the vehicle replacement reserve. Carried. e) Robin Dunn, CAO, correspondence dated May 28, 2010 from Daniel Pascoe, Registrar, Mining and Lands Commissioner re: NVCA 2010 Levy. Motion No. C100609-16 Moved by Coutanche, Seconded by Allison Be it resolved that the correspondence dated May 28, 2010 from Daniel Pascoe, Registrar, Mining and Lands Commissioner and presented by Robin Dunn, CAO, re: NVCA 2010 Levy be received. Carried. 10. REPORTS OF MEMBERS OF COUNCIL: None. Page 8 of 15 Council Meeting Minutes -June 9, 2010 11. CONSENT AGENDA: a) Minutes of Orillia Public Library Board meeting held on April 28, 2010. Staff Recommendation: Receive. b) Lake Simcoe Region Conservation Authority, minutes of meeting held on April 23, 2010 and highlights of meeting held on May 28, 2010. Staff Recommendation: Receive. c) Correspondence dated May 25, 2010 from Glen Knox, County Clerk, The County of Simcoe re: Waste Management in Simcoe County. Staff Recommendation: Receive. Motion No. C100609-17 Moved by Crawford, Seconded by Evans Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Minutes of Orillia Public Library Board meeting held on April 28, 2010. Received. b) Lake Simcoe Region Conservation Authority, minutes of meeting held on April 23, 2010 and highlights of meeting held on May 28, 2010. Received. c) Correspondence dated May 25, 2010 from Glen Knox, County Clerk, The County of Simcoe re: Waste Management in Simcoe County. Received. Carried. Page 9 of 15 Council Meeting Minutes - June 9, 2010 12. COMMUNICATIONS: a) Petition correspondence dated May 26, 2010 from Line 8 North and Old Barrie Road Township Residents re: Line 8 North Between Old Barrie Road and Bass Lake Sideroad. Motion No. C100609-18 Moved by Allison, Seconded by Coutanche Be it resolved 1. That the Petition correspondence dated May 26, 2010 from Line 8 North and Old Barrie Road Township Residents and verbal information presented by Jerry Ball, Director of Transportation and Environmental Services re: Line 8 North Between Old Barrie Road and Bass Lake Sideroad be received. 2. That the Line 8 North construction, from Old Barrie Road to Bass Lake Sideroad, proceed as outlined in the 2010 budget deliberations. 3. And Further That the Director of Transportation and Environmental Services notify the applicants of Council's decision. Carried. 13. NOTICE OF MOTIONS: None. Motion No. C100609-19 Moved by Evans, Seconded by Crawford Be it resolved that Rule 3.8 of Procedural By-law 2010-080 be suspended in order to allow the meeting to proceed past the normal adjournment hour of 10:00 p.m. Carried. Page 10 of 15 Council Meeting Minutes -June 9, 2010 14. CLOSED SESSION ITEMS: a) Motion to go In Closed Session Motion No. C100609-20 Moved by Evans, Seconded by Crawford Be it resolved that we do now go in Closed Session at 9:45 p.m. to discuss • litigation affecting the municipality; • solicitor-client privilege; and • acquisition/disposition of land. Carried. b) Motion to Rise and Report Motion No. C100609-21 Moved by Allison, Seconded by Coutanche Be it resolved that we do now Rise and Report at 10:42 p.m. Carried. c) Robin Dunn, Chief Administrative Officer, re: Litigation Affecting the Municipality (Insurance Claim). Motion No. C100609-22 Moved by Agnew, Seconded by Evans Be it resolved that the confidential correspondence dated May 31, 2010 and verbal information presented by Robin Dunn, Chief Administrative Officer and Paul Gravelle, Director of Finance/Treasurer/Deputy CAO re: litigation affecting the municipality (insurance Claim) be received; and further that the CAO be authorized to execute the said correspondence. Carried. Page 11 of 15 Council Meeting Minutes -June 9, 2010 d) Robin Dunn, Chief Administrative Officer, re: Litigation Affecting the Municipality (NVCA 2009 Levy). Motion No. C100609-23 Moved by Coutanche, Seconded by Allison Be it resolved that the confidential correspondence dated May 28, 2010 and presented by Robin Dunn, Chief Administrative Officer re: litigation affecting the municipality (NVCA 2009 Levy) be received. Carried. e) Robin Dunn, Chief Administrative Officer, re: Solicitor-Client Privilege (Legal Opinion, Lake Simcoe Aeropark). Motion No. C100609-24 Moved by Crawford, Seconded by Agnew Be it resolved that the confidential correspondence dated June 2 and 9, 2010 and presented by Robin Dunn, Chief Administrative Officer re: Solicitor-Client Privilege (Legal Opinion, Lake Simcoe Aeropark) be received; and further that staff proceed as directed by Council. Carried. f) Robin Dunn, Chief Administrative Officer, re: Acquisition/Disposition of Land (Pine Ridge). Motion No. C100609-25 Moved by Allison, Seconded by Coutanche Be it resolved that the confidential verbal information presented by Robin Dunn, Chief Administrative Officer re: acquisition/disposition of land (Pine Ridge) be received; and further that staff proceed as directed by Council. Carried. Page 12 of 15 Council Meeting Minutes - June 9, 2010 g) Robin Dunn, Chief Administrative Officer and Gary Skelding, Chief Municipal Law Enforcement Officer re: Solicitor-Client Privilege (Legal Opinion, 8 Line 8 South). Motion No. C100609-26 Moved by Evans, Seconded by Crawford Be it resolved that the confidential correspondence dated June 3, 8-9, 2010, May 25, 2010 and November 30, 2009 and presented by Robin Dunn, Chief Administrative Officer and Gary Skelding, Chief Municipal Law Enforcement Officer re: Solicitor-Client Privilege (Legal Opinion, 8 Line 8 South) be received. Carried. 15. BY-LAWS: a) By-Law No. 2010-095 Being A By-law to Authorize the Execution of a Lease Agreement Between The Corporation of the Township of Oro- Medonte And TRY Recycling (Barrie) Inc. Motion No. C100609-27 Moved by Evans, Seconded by Crawford Be it resolved that By-Law No. 2010-095, Being A By-law to Authorize the Execution of a Lease Agreement Between The Corporation of the Township of Oro-Medonte And TRY Recycling (Barrie) Inc. be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. Recorded Vote Requested by Deputy Mayor Hough Deputy Mayor Hough Yea Councillor Agnew Councillor Allison Councillor Coutanche Councillor Crawford Councillor Evans Mayor H.S. Hughes Yea Yea Yea Yea Yea Yea Page 13 of 15 Council Meeting Minutes -June 9, 2010 b) By-Law No. 2010-096 A By-law to authorize certain capital works of The Corporation of the Township of Oro-Medonte (The Municipality); to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) for financing such capital works; to authorize temporary borrowing from OIPC to meet expenditures in connection with such works; and to authorize long term borrowing from OIPC for such works through the issue of debentures. c) By-Law No. 2010-097 Being a By-law to provide for Advance Vote for the 2010 Municipal Election and to Repeal By-Law No. 2006-053. d) By-Law No. 2010-098 Being a By-law to Amend By-Law No. 2008-06, A By-Law to Provide a Schedule of Retention Periods for the Records of the Township of Oro-Medonte. e) By-Law No. 2010-100 A By-law to Assume and Establish Highways Within the Township of Oro-Medonte (Barrie Terrace). Motion No. C100609-28 Moved by Coutanche, Seconded by Allison Be it resolved that the following by-laws: b) By-Law No. 2010-096 A By-law to authorize certain capital works of The Corporation of the Township of Oro-Medonte (The Municipality); to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) for financing such capital works; to authorize temporary borrowing from OIPC to meet expenditures in connection with such works; and to authorize long term borrowing from OIPC for such works through the issue of debentures. c) By-Law No. 2010-097 Being a Bylaw to provide for Advance Vote for the 2010 Municipal Election and to Repeal By-Law No. 2006-053. d) By-Law No. 2010-098 Being a By-law to Amend By-Law No. 2008-06, A By-Law to Provide a Schedule of Retention Periods for the Records of the Township of Oro-Medonte. e) By-Law No. 2010-100 A By-law to Assume and Establish Highways Within the Township of Oro-Medonte (Barrie Terrace). be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. Page 14 of 15 Council Meeting Minutes -June 9, 2010 16.CONFIRMATION BY-LAW: a) By-Law No. 2010-094 Being a By-Law to Confirm the Proceedings of the Council meeting held on Wednesday, June 9, 2010. Motion No. C100609-29 Moved by Evans, Seconded by Agnew Be it resolved that By-Law No. 2010-094 being a by-law to confirm the proceedings of the Council meeting held on Wednesday, June 9, 2010 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. 17. ANNOUNCEMENTS OF INTEREST TO THE PUBLIC: 18. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 19.ADJOURNMENT: a) Motion to Adjourn Motion No. C100609-30 Moved by Allison, Seconded by Coutanche Be it resolved that we do now adjourn at 10:50 p.m. Carried. Mayor, H. ghes Dep y Clerk, Janette Teeter Page 15 of 15