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09 24 2014 Council Meeting MinutesTownship Proud Heritage, Exciting Future The Township of Oro - Medonte Council Meeting Minutes Council Chambers Time: 5:03 p.m. Wednesday, September 24, 2014 2010 -2014 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Mel Coutanche Councillor Kelly Meyer (arrived @ 5:05 p.m.) Councillor Marty Lancaster Councillor John Crawford Councillor Dwight Evans Staff Robin Dunn, Chief Administrative Officer; Doug Irwin, Director, Corporate Present: Services /Clerk; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate & Strategic Initiatives; Jerry Ball, Director, Transportation and Environmental Services; Michelle Jakobi, Transportation and Environmental Services Technician; Janette Teeter, Supervisor, Clerk's Services /Deputy Clerk; Chris Williams, Aird & Berlis LLP Also Scott Jermey, Ann Truyens, Al Panting, Bob Marshall, Les Morgan, Hazel Present: Morgan, Bernice Hickling, Laurie Hickling, Neil Hickling, Bruce Quinn, Katie Mandeville, Diane Richards, Pat Hastings, Janet Yanuziello, Sue Roehner 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 Agenda: a) Motion to Adopt the Agenda. Motion No. C140924 -1 Moved by Coutanche, Seconded by Crawford Be it resolved that the agenda for the Council meeting of Wednesday, September 24, 2014 be received and adopted. Carried. Page 1 of 14 Council Meeting Minutes — September 24, 2014. 3. Disclosure of Pecuniary Interest: None declared. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C140924 -2 Moved by Crawford, Seconded by Evans Be it resolved that we do now go in Closed Session at 5:04 p.m. to discuss • litigation affecting the municipality; • solicitor - client privilege. b) Motion to Rise and Report. Motion No. C140924 -3 Moved by Crawford, Seconded by Coutanche Be it resolved that we do now Rise at 6:46 p.m. and Recess until 7:00 p.m. at which time we shall Report on the Closed Session Items 4: c) Robin Dunn, CAO, re: Solicitor - client privilege (Waste Water Treatment). d) Robin Dunn, CAO, re: Solicitor - client privilege (Horseshoe Craighurst Master Servicing). e) Doug Irwin, Director, Corporate Services /Clerk, re: Litigation affecting the municipality (Lakeshore Promenade). Carried. Carried. Page 2 of 14 Council Meeting Minutes — September 24, 2014. c) Robin Dunn, .CAO, re: Solicitor - client privilege (Waste Water Treatment). The following staff were present: Robin Dunn, CAO; Doug Irwin, Director, Corporate Services /Clerk; Andria Leigh, Director, Development Services; Jerry Ball, Director, Transportation and Environmental Services; Michelle Jakobi, Transportation and Environmental Services Technician; Donna Hewitt, Director, Corporate & Strategic Initiatives; Chris Williams, Aird & Berlis, LLP Motion No. C140924 -4 Moved by Evans, Seconded by Crawford Be it resolved that the confidential correspondence dated. September 24, 2014 and presented by Robin Dunn, CAO; Chris Williams, Aird & Berlis, LLP; and Jerry Ball, Director, Transportation and Environmental Services re: Solicitor - client privilege (Waste Water Treatment) be received. Carried. d) Robin Dunn, CAO, re: Solicitor - client privilege (Horseshoe Craighurst Master Servicing). The following staff were present: Robin Dunn, CAO; Doug Irwin, Director, Corporate Services /Clerk; Andria Leigh, Director, Development Services; Jerry Ball, Director, Transportation and Environmental Services; Michelle Jakobi, Transportation and Environmental Services Technician; Donna Hewitt, Director, Corporate & Strategic Initiatives; Chris Williams, Aird & Berlis, LLP Motion No. C140924 -5 Moved by Coutanche, Seconded by Crawford Be it resolved that the confidential correspondence dated September 24, 2014 and presented by Robin Dunn, CAO and Chris Williams, Aird & Berlis, LLP, re: Solicitor - client privilege (Horseshoe Craighurst Master Servicing) be received. Carried. Page 3 of 14 Council Meeting Minutes — September 24, 2014. e) Doug Irwin, Director, Corporate Services /Clerk, re: Litigation affecting the municipality (Lakeshore Promenade). The following staff were present: Robin Dunn, CAO; Doug Irwin, Director, Corporate Services /Clerk; Chris Williams, Aird & Berlis, LLP Motion No. C140924 -6 Moved by Crawford, Seconded by Evans Be it resolved 1. That the confidential information presented by Doug Irwin, Director, Corporate Services /Clerk and Chris Williams, Aird & Berlis, LLP, re: Litigation affecting the municipality (Lakeshore Promenade) be received. 2. And That the Township Solicitor proceed generally in accordance with the terms of the Joint Recommendation to Clients. 5. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, September 10, 2014. Motion No. C140924 -7 Moved by Crawford, Seconded by Coutanche Be it resolved that the draft minutes of the Council meeting held on Wednesday, September 10, 2014 be received and adopted as printed and circulated. Carried. Carried. b) Minutes of Committee of Adjustment meeting held on Thursday, September 18, 2014. Motion No. C140924 -8 Moved by Evans, Seconded by Crawford Be it resolved that the draft minutes of the Committee of Adjustment meeting held on Thursday, September 18, 2014 be received. Carried. 6. Recognition of Achievements: None. Page 4 of 14 Council Meeting Minutes — September 24, 2014. 7. Public Meetings: a) Proposed Amendment to the Zoning By -Law, 605 Penetanguishene Road, Concession 1, South Part of Lot 11, Township of Oro - Medonte, 2014 - ZBA -13 (Robert German). Deputy Mayor Hough called the meeting to order at 7:09 p.m. and explained the public meeting has been called under the authority of the Planning Act, Sections 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By -law, Application 2014 - ZBA -13 (United Church (German)), 605 Penetanguishene Road, Concession 1, South Part of Lot 11, formerly in the Township of Oro, Township of Oro - Medonte. Notice Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on August 29, 2014 and a sign posted on the subject property on August 29, 2014. The following correspondence was received at the meeting: Ministry of Transportation dated September 18, 2014. Andria Leigh, Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. The following public persons offered verbal comments with respect to the proposed amendment: Robert German. Deputy Mayor Hough advised that no additional deputations to Council will be permitted with respect to the proposed amendment. A digital recording of the meeting is available for review through the Township's website. There being no further comments or questions, the meeting adjourned at 7:29 p.m. Page 5 of 14 Council Meeting Minutes — September 24, 2014. 8. Deputations: a) Eldon Theodore, MHBC Planning, re: Early Building Permit Issuance for Braestone Subdivision. Motion No. C140924 -9 Moved by Coutanche, Seconded by Evans Be it resolved that the correspondence dated September 12 and 13, 2014 and Draft Plan of Subdivision 43T -91031 dated September 5, 2014 presented by Eldon Theodore, MHBC Planning and Bryan Nykolation, Braestone Development Corp. /Georgian International, re: Early Building Permit Issuance for Braestone Subdivision be received and referred to staff for a report to Council. Carried. 9. Identification From the Public of an Agenda Item of Interest: 10. Reports of Municipal Officers: a) Report No. F12014 -20, Paul Gravelle, Director, Finance/Treasurer /Deputy CAO, re: Statement of Accounts - August 31, 2014. Motion No. C140924 -10 Moved by Crawford, Seconded by Evans Be it resolved 1. That Report No. F12014 -20, Paul Gravelle, Director, Finance/Treasurer /Deputy CAO, re: Statement of Accounts — August 31, 2014 be received for information only. 2. And That the accounts for the month of August 2014 totalling $2,217,273.12 are received. Carried. b) Andria Leigh, Director, Development Services, County of Simcoe Official Plan, Board Order from Prehearing Conference # 8 (September 12, 2014). Motion No. C140924 -11 Moved by Evans, Seconded by Coutanche Be it resolved that the verbal information presented by Andria Leigh, Director, Development Services, County of Simcoe Official Plan, Board Order from Prehearing Conference # 8 (September 12, 2014) be received. Carried. Page 6 of 14 Council Meeting Minutes — September 24, 2014. c) Report No. CS12014 -9, Donna Hewitt, Director Corporate & Strategic Initiatives, re: Corporate Projects Status Update — July /August, 2014. Motion No. C140924 -12 Moved by Evans, Seconded by Crawford Be it resolved that Report No. CS12014 -9, Donna Hewitt, Director, Corporate & Strategic Initiatives, re: Corporate Projects Status Update — July /August, 2014 be received for information. Carried. d) Report No. RC2014 -20, Shawn Binns, Director, Recreation and Community Services, re: Batting for Becky Fundraising Tournament. Motion No. C140924 -13 Moved by Coutanche, Seconded by Evans Be it resolved 1. That Report No. RC2014 -20, Shawn Binns, Director, Recreation and Community Services, re: Batting for Becky Fundraising Tournament be received and adopted. 2. That POL -PR -012, Grant /Subsidy Requests from Community Organizations be waived. 3. That the request from Kevin Connor to waive the rental fees of the Vasey Ball Diamond on October 4, 2014 in the amount of $128.00 be approved. 4. And That the applicant be notified of Council's decision under the Director, Recreation and Community Services' signature. Carried. e) Report No. RC2014 -21, Shawn Binns, Director, Recreation and Community Services, re: Leigh's Corners Cemetery Update and Draft By -Law for the Maintenance, Management, Regulation and Control of Cemeteries in the Township of Oro - Medonte. Motion No. C140924 -14 Moved by Crawford, Seconded by Evans Be it resolved 1. That Report No. RC2014 -21, Shawn Binns, Director, Recreation and Community Services, re: Leigh's Corners Cemetery Update and Draft By -Law for the Maintenance, Management, Regulation and Control of Cemeteries in the Township of Oro - Medonte be received and adopted. 2. And That the Clerk brings forward the draft by -law for Council's consideration after the legislated notice has been posted. Carried. Page 7 of 14 Council Meeting Minutes — September 24, 2014. 11. Reports of Members of Council: a) Mayor H.S. Hughes, correspondence dated September 15, 2014 from Paulina Robertson, Director, Resource Development, United Way Greater Simcoe County, re: Request to Waive Building Permit Tent Fee, 100K for United Way, October 5, 2014. Motion No. C140924 -15 Moved by Evans, Seconded by Coutanche Be it resolved 1. That the correspondence dated September 15, 2014 from Paulina Robertson, Director, Resource Development, United Way Greater Simcoe County re: Request to Waive Building Permit Tent Fee, 100K for United Way, October 5, 2014 be received. 2. That the request to waive the permit tent fee in the amount of $300.00 for the 100K for United Way cycling event on October 5, 2014 be approved and funded from Council's 2014 municipal donations /grants allocation. 3. And That Ms. Robertson be advised of Council's decision under the Mayor's signature. Carried. b) Mayor H.S. Hughes re: Fundraising Initiative for Oro African Methodist Episcopal Church. Motion No. C140924 -16 Moved by Evans, Seconded by Crawford Be it resolved that 1. The correspondence dated September 15 and 16,2014 and presented by Mayor H.S. Hughes re: Fundraising Initiative for Oro African Methodist Episcopal Church be received. 2. That Council authorizes the sale of Larry Cotton's books, Whiskey & Wickedness, at the Township Administration Office for a $25.00 fee, of which the Township will retain $10.00 towards the restoration of the Oro African Methodist Episcopal Church. 3. That the Treasurer be authorized to undertake the appropriate accounting activities and pay Mr. Cotton his proceeds on a quarterly basis. 4. And That Mr. Cotton be advised of Council's decision under the Mayor's signature. Carried. Page 8 of 14 Council Meeting Minutes — September 24, 2014. 12. Consent Agenda: a) Announcements of Interest to the Public • 2014 Municipal Election -Notice to Electors -Watch For Your Voter Notification Card. b) Correspondence dated September 11, 2014, from Mark Aitken, CAO, County of Simcoe, re: Community Engagement Committee, County of Simcoe - Organics Processing Facility Project. Staff Recommendation: Receive. c) Correspondence dated August 29, 2014 from Jo -Anne St. Godard, Executive Director, Recycling Council of Ontario, re: Request to Proclaim October 20 -26, 2014 Waste Reduction Week in Canada. Staff Recommendation: Receive, Proclaim and Post to Website. d) Correspondence dated September 10, 2014 from George Habib, President and CEO, Ontario Lung Association, re: Request to Proclaim November as Lung Month. Staff Recommendation: Receive, Proclaim and Post to Web. Motion No. C140924 -17 Moved by Coutanche, 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) Announcements of Interest to the Public • 2014 Municipal Election -Notice to Electors -Watch For Your Voter Notification Card. b) Correspondence dated September 11, 2014, from Mark Aitken, CAO, County of Simcoe, re: Community Engagement Committee, County of Simcoe - Organics Processing Facility Project. Received. c) Correspondence dated August 29, 2014 from Jo -Anne St. Godard, Executive Director, Recycling Council of Ontario, re: Request to Proclaim October 20 -26, 2014 Waste Reduction Week in Canada. Received, Proclaimed and Post to Website. d) Correspondence dated September 10, 2014 from George Habib, President and CEO, Ontario Lung Association, re: Request to Proclaim November as Lung Month. Received, Proclaimed and Post to Web. Carried. Page 9 of 14 Council Meeting Minutes — September 24, 2014. 13. Communications: a) Correspondence dated September 8, 2014 from Pat Campbell, President and CEO, Orillia Soldiers' Memorial Hospital, re: Inspire. Action. Success Event, Tuesday, September 23, 2014, 7:00 p.m. - Hawk Ridge Golf and Country Club. Motion No. C140924 -18 Moved by Crawford, Seconded by Evans Be it resolved that the correspondence dated September 8, 2014 from Pat Campbell, President and CEO, Orillia Soldiers' Memorial Hospital, re: Inspire. Action. Success Event, Tuesday, September 23, 2014, 7:00 p.m. - Hawk Ridge Golf and Country Club be received. Carried. b) Correspondence received September 15, 2014 from Tina Stinson, Napoleon, re: Invitation to Grand Opening, Thursday, October 9, 2014, 11:00 a.m. - Napoleon Logistics Centre, 2621 Gore Road, Shanty Bay. Motion No. C140924 -19 Moved by Evans, Seconded by Coutanche Be it resolved that the correspondence received September 15, 2014 from Tina Stinson, Napoleon, re: Invitation to Grand Opening, Thursday, October 9, 2014, 11:00 a.m. - Napoleon Logistics Centre, 2621 Gore Road, Shanty Bay be received. Carried. c) Correspondence received September 15, 2014 from Cal Patterson, Warden, County of Simcoe, re: Invitation to the Warden's Gala Dinner, Thursday, October 9, 2014, 5:30 p.m., Nottawasaga Inn Resort, 6015 Highway 89, Alliston. Motion No. C140924 -20 Moved by Evans, Seconded by Crawford Be it resolved that the correspondence received September 15, 2014 from Cal Patterson, Warden, County of Simcoe, re: Invitation to the Warden's Gala Dinner, Thursday, October 9, 2014, 5:30 p.m., Nottawasaga Inn Resort, 6015 Highway 89, Alliston be received. Carried. Page 10 of 14 Council Meeting Minutes — September 24, 2014. d) Correspondence dated September 5, 2014 from Dawn Davidson, Administrative Lead, Huronia Nurse Practitioner -Led Clinic, re: Invitation to Opening of the Newly Expanded Huronia Nurse Practitioner -Led Clinic, Friday, October 17, 2014, 10:30 a.m. - 3331 Line 4 North, Oro - Medonte. Motion No. C140924 -21 Moved by Coutanche, Seconded by Crawford Be it resolved that the correspondence dated September 5, 2014 from Dawn Davidson, Administrative Lead, Huronia Nurse Practitioner -Led Clinic, re: Invitation to Opening of the Newly Expanded Huronia Nurse Practitioner -Led Clinic, Friday, October 17, 2014, 10:30 a.m. - 3331 Line 4 North, Oro - Medonte be received. Carried. e) Correspondence dated September 16, 2014 from Sharron -Ann Reynolds, Executive Administrator, Quest Collegiate and Recovery Centres, re: Invitation to Recovery Day Canada Coming to Simcoe County. Motion No. C140924 -22 Moved by Crawford, Seconded by Evans Be it resolved that the correspondence dated September 16, 2014 from Sharron -Ann Reynolds, Executive Administrator, Quest Collegiate and Recovery Centres, re: Invitation to Recovery Day Canada Coming to Simcoe County, September 27, 2014, Quest Collegiate and Recovery Centres North Simcoe Campus, 7959 Hwy 93, Wyebridge, be received. Carried. f) Correspondence dated September 15, 2014 from Keith Sherman, Severn Sound Environmental Association, re: Tree Seedling Distribution Project - Request Consider Municipal Participation in 2015. Motion No. C140924 -23 Moved by Crawford, Seconded by Coutanche Be it resolved 1. That the correspondence dated September 15, 2014 from Keith Sherman, Severn Sound Environmental Association (SSEA), re: Tree Seedling Distribution Project - Request to Consider Municipal Participation in 2015 be received. 2. That the Township of Oro - Medonte will support the distribution of materials and provide a facility. 3. That the Council Members of the Township of Oro - Medonte will provide assistance with the pick -up, sorting and distribution of tree seedlings in Oro - Medonte. 4. And That the SSEA be advised of Council's decision under the Director, Corporate Services /Clerk's signature. Carried. Page 11 of 14 Council Meeting Minutes — September 24, 2014. g) AMO Policy Update dated September 18, 2014, re: Double Hatter Firefighter. Motion No. C140924 -24 Moved by Evans, Seconded by Crawford Whereas that the AMO Policy Update dated September 18, 2014, re: Double Hatter Firefighter be received. And Whereas the training and certification of professional firefighters is established and mandated by the Province of Ontario under the Fire Protection and Prevention Act, 1997; And Whereas it is the responsibility of municipalities to establish fire departments and appoint fire chiefs to provide fire protection services as they determine may be necessary in accordance with their needs and circumstances; And Whereas many Ontario municipalities rely on both full time and volunteer firefighters in order to provide fire protection; And Whereas the International Association of Fire Fighters ( "IAFF ") Constitution prohibits full time firefighters from volunteering as firefighters in another municipal jurisdiction (i.e. "Double Hatting"); And Whereas the IAFF's stance on Double Hatting is specifically prohibited by legislation in almost all provinces in Canada and much of the United States; And Whereas a volunteer firefighter in the Innisfil Fire and Rescue Service is challenging the IAFF ban on Double Hatting and their expulsions from that union because of his desire to continue volunteering while being employed as a full -time firefighter in another jurisdiction; And Whereas the right of individuals to use their free time in service of their community is a fundamental right in a free, open and democratic society. Now Therefore Be it resolved that the Council of the Township of Oro - Medonte requests that the Province of Ontario amend the Fire Protection and Prevention Act, 1997 with respect to salaried firefighters who also work as volunteer firefighters, such that if a person is denied membership in an association of firefighters, is expelled or disciplined by the association or engages in reasonable dissent within the association in connection with this kind of dual role, the association is not permitted to require the employer to refuse to employ the person as a salaried firefighter, terminate his or her employment as a salaried firefighter or refuse to assign the person to fire protection services. And That The Hon. Kathleen Wynne, Premier of Ontario; The Hon. Madeline Meilleur, Attorney General; The Hon. Kevin Flynn, Minister of Labour; The Hon. Yasir Naqvi, Minister of Community Safety and Correctional Services; The Hon. Ted McMeekin, Minister of Municipal Affairs and Housing, Bruce Stanton, MP, Simcoe North; Garfield Dunlop, MPP, Simcoe North, AMO and the Town of Innisfil be advised of Council's decision under the Mayor's signature. Carried. Page 12 of 14 Council Meeting Minutes — September 24, 2014. 14. Notice of Motions: None. 15. By -Laws: None. 16. Questions from the Public Clarifying an Agenda Item: 17. Closed Session Items (Unfinished Items): None. 18. Confirmation By -Law: a) By -Law No. 2014 -156: Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, September 24, 2014. Motion No. C140924 -25 Moved by Coutanche, Seconded by Crawford Be it resolved that By -Law No. 2014 -156: Being a by -law to confirm the proceedings of the Council meeting held on Wednesday, September 24, 2014 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 13 of 14 Council Meeting Minutes — September 24, 2014. 19. Adjournment: a) Motion to Adjourn. Motion No. C140924 -26 Moved by Crawford, Seconded by Evans Be it resolved that we do now adjourn at 8:23 p.m. Carried. Page 14 of 14