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01 25 2017 Council Meeting MinutesTownsbii� of Proud Heritage, Exciting Future Wednesday, January 25, 2017 The Township of Oro-Medonte Council Meeting Minutes Council Chambers 2014-2018 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Scott Macpherson Councillor Phil Hall Councillor John Crawford Councillor Scott Jermey Regrets: Councillor Barbara Coutanche Time: 9:06 a.m. Staff Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director, Present: Finance/Treasurer/Deputy CAO; Doug Irwin, Director, Legislative Services/Clerk; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate & Strategic Initiatives; Shawn Binns, Director, Operations and Community Services; Hugh Murray, Fire Chief; Curtis Shelswell, Chief Municipal Law Enforcement Officer; Lisa McNiven, Manager, Operations; Justin Metras, Manager, Infrastructure & Capital Projects; Tamara Obee, Manager, Human Resources, Health & Safety; Roz Llewellyn, Coordinator, Community Recreation; Samah Othman, Supervisor, Communications and Customer Service; David Reiter, Aird & Berlis LLP 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a moment of reflection. Page 1 of 15 Council Minutes — Wednesday, January 25, 2017. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C170125-1 Moved by Crawford, Seconded by Macpherson Be it resolved that the agenda for the Council meeting of Wednesday, January 25, 2017 be received and adopted, as amended, to withdraw Items 4 c) Robin Dunn, CAO re: Solicitor -client privilege (Legal File Update); and e) Robin Dunn, CAO re: Labour relations/employee negotiations (Staffing). Carried. 3. Disclosure of Pecuniary Interest: None declared. Motion No. C170125-2 Moved by Jermey, Seconded by Hall Be it resolved that Rule 14.21 a) of Procedural By-law No. 2015-203 be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. C170125-3 Moved by Jermey, Seconded by Hall Be it resolved that we do now go in Closed Session at 9:09 a.m. to discuss • litigation affecting the municipality (Burl's Creek). Carried. Page 2 of 15 Council Minutes — Wednesday, January 25, 2017. b) Motion to Rise and Report. Motion No. C170125-4 Moved by Macpherson, Seconded by Crawford Be it resolved that we do now Rise at 10:35 a.m. and that Closed Session Item 4d) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek) be brought forward to Item 18 Closed Session Items (Unfinished Items). Carried. Motion No. C170125-5 Moved by Hall, Seconded by Jermey Be it resolved that we do now go in Closed Session at 10:41 a.m. to discuss • litigation affecting the municipality (Burl's Creek). Motion No. C170125-6 Moved by Macpherson, Seconded by Crawford Be it resolved that we do now Rise at 11:11 a.m. and Report on the Closed Session Item 4d) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek). c) Robin Dunn, CAO re: Solicitor -client privilege (Legal File Update). This item was withdrawn. Carried. Carried. Page 3 of 15 Council Minutes — Wednesday, January 25, 2017. d) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek). The following staff were present: Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director, Finance/Treasurer/Deputy CAO; Doug Irwin, Director, Legislative Services/Clerk; Donna Hewitt, Director, Corporate & Strategic Initiatives; Andria Leigh, Director, Development Services; Curtis Shelswell, Chief Municipal Law Enforcement Officer; Samah Othman, Supervisor, Communications and Customer Service; David Reiter, Aird & Berlis LLP. Motion No. C170125-7 Moved by Crawford, Seconded by Macpherson Be it resolved that the confidential verbal information presented by Robin Dunn, CAO and David Reiter, Aird & Berlis LLP re: Litigation affecting the municipality (Burl's Creek) be received and that staff proceed as directed. Carried. e) Robin Dunn, CAO re: Labour relations/employee negotiations (Staffing). This item was withdrawn. 5. Minutes of Council and Committees: a) Minutes of Special Council meeting held on Wednesday, January 4, 2017. Motion No. C170125-8 Moved by Macpherson, Seconded by Crawford Be it resolved that the draft minutes of the Special Council meeting held on Wednesday, January 4, 2017 be received and adopted as printed and circulated. Carried. b) Minutes of Special Council meeting held on Monday, January 9, 2017. Motion No. C170125-9 Moved by Hall, Seconded by Jermey Be it resolved that the draft minutes of the Special Council meeting held on Monday, January 9, 2017 be received and adopted as printed and circulated. Carried. Page 4 of 15 Council Minutes — Wednesday, January 25, 2017. c) Minutes of Council meeting held on Wednesday, January 11, 2017. Motion No. C170125-10 Moved by Crawford, Seconded by Macpherson Be it resolved that the draft minutes of the Council meeting held on Wednesday, January 11, 2017 be received and adopted as printed and circulated. Carried. Motion No. C170125-11 Moved by Macpherson, Seconded by Jermey Be it resolved that Motion No. C170111-14 with respect to Report No. LS2017-01, Doug Irwin, Director, Legislative Services/Clerk re: 2018 Municipal Election, Vote Method be brought forward to the next regular Council meeting, being February 8, 2017, for reconsideration. Carried. d) Minutes of Special Council meeting held on Friday, January 13, 2017. Motion No. C170125-12 Moved by Jermey, Seconded by Hall Be it resolved that the draft minutes of the Special Council meeting held on Friday, January 13, 2017 be received and adopted as printed and circulated. Carried. e) Minutes of Heritage Committee meeting held on Monday, January 16, 2017. Motion No. C170125-13 Moved by Macpherson, Seconded by Crawford Be it resolved that the draft minutes of the Heritage Committee meeting held on Monday, January 16, 2017 be received. Carried. Page 5 of 15 Council Minutes — Wednesday, January 25, 2017. Motion No. C170125-14 Moved by Jermey, Seconded by Hall Be it resolved that, per Motion No. HC170116-6 of the January 16, 2017 Heritage Committee meeting, staff be directed to contact the schools and the public in the Township for possible submissions for a Time Capsule at the Oro African Church. Carried. Motion No. C170125-15 Moved by Crawford, Seconded by Macpherson Be it resolved 1. That, per Motion No. HC170116-7 of the January 16, 2017 Heritage Committee meeting, the Township of Oro-Medonte partner with the City of Orillia for the 2017 Doors Open event on October 1, 2017. 2. That an allocation of $1,500 be approved. 3. And That the applicant be advised of Council's decision under the Coordinator, Community Recreation's signature. Carried. Motion No. C170125-16 Moved by Jermey, Seconded by Hall Be it resolved 1. That, per Motion No. HC170116-9 of the January 16, 2017 Heritage Committee meeting, staff be directed to proceed in order for the "Legend of the Drinking Gourd" Booklet to be made available electronically. 2. And That a letter of appreciation, be forwarded, under the Mayor's signature, to Tim Crawford and Mark Fisher on completion of the matter. Carried. Page 6 of 15 Council Minutes — Wednesday, January 25, 2017. Motion No. C170125-17 Moved by Macpherson, Seconded by Crawford Be it resolved that, per Motion No. HC170116-11 of the January 16, 2017 Heritage Committee meeting, the following be listed and added to the Municipal Register of Municipally Significant and/or Cultural Heritage Properties: • 1012 Ridge Road West, Wooden Hexagon Silo; • Sir Sam Steele Memorial, Line 11 North, between Mount St. Louis Road East and Fair Valley Church Road; 0 West Oro Baptist Church, 1058 Bass Lake Sideroad West (white church between Line 4 North and Line 5 North). Carried. Motion No. C170125-18 Moved by Jermey, Seconded by Hall Be it resolved 1. That, per Motion No. HC170116-13 of the January 16, 2017 Heritage Committee meeting, the Heritage Committee pursue the process for Fair Valley Church as a potential National Historic Site. 2. And That staff be authorized to contact the property owner to confirm they are amenable. Carried. 6. Recognition of Achievements: None. 7. Public Meetings: None. 8. Deputations: None. Page 7 of 15 Council Minutes — Wednesday, January 25, 2017. 9. Presentations: ►Wei- 10.Identification From the Public of an Agenda Item of Interest: Provides an opportunity for members of the public to identify an agenda item which the public member may request be brought forward and considered earlier in the meeting. 11. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda, and shall be conducted as follows: One individual provided a comment related to Item 17b). 12. Reports of Municipal Officers: a) Report No. F12017-02, Paul Gravelle, Director, Finance/Treasurer/Deputy CAO re: Statement of Investment Activities. Motion No. C170125-19 Moved by Crawford, Seconded by Macpherson Be it resolved that Report No. F12017-02, Paul Gravelle, Director, Finance/Treasurer/Deputy CAO re: Statement of Investment Activities be received for information only. Carried. b) Report No. F12017-03, Paul Gravelle, Director, Finance/Treasurer/Deputy CAO re: Report on Tax Arrears. Motion No. C170125-20 Moved by Hall, Seconded by Jermey Be it resolved that Report No. F12017-03, Paul Gravelle, Director, Finance/Treasurer/Deputy CAO re: Report on Tax Arrears be received for information only. Carried. Page 8 of 15 Council Minutes — Wednesday, January 25, 2017. c) Report No. OCS2017-01, Shawn Binns, Director, Operations & Community Services re: Township Community Hall Building Condition Audits. Motion No. C170125-21 Moved by Macpherson, Seconded by Crawford Be it resolved that Report No. OCS2017-01, Shawn Binns, Director, Operations & Community Services re: Township Community Hall Building Condition Audits be received, adopted, and referred to the 2017 budget deliberations. Carried. d) Robin Dunn, CAO and Senior Management Team re: 2017 Budget Presentations and Deliberations. Motion No. C170125-22 Moved by Hall, Seconded by Jermey Be it resolved that the correspondence presented by Robin Dunn, CAO and Senior Management Team re: 2017 Budget Presentations and Deliberations be received. Carried. 13. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following members of Council provided comments: Mayor H.S. Hughes, Deputy Mayor Hough, Councillors Hall and Jermey. Page 9 of 15 Council Minutes — Wednesday, January 25, 2017. b) Mayor H.S. Hughes, correspondence dated January 10, 2017 from Elizabeth Slomke, Clerk, Town of Fort Frances re: Resolution to Address the Inequity in Property Taxation on Railway Right -of -Way's Collected by Municipalities in Ontario. Motion No. C170125-23 Moved by Macpherson, Seconded by Crawford Be it resolved 1. That the correspondence dated January 10, 2017 from Elizabeth Slomke, Clerk, Town of Fort Frances and presented by Mayor H.S. Hughes re: Resolution to Address the Inequity in Property Taxation on Railway Right -of -Way's Collected by Municipalities in Ontario be received. 2. That the Township of Oro-Medonte respectfully requests that the Minister of Finance update the taxation rate for railroad right-of-way properties and further that the rate be reviewed on a regular basis. 3. And That the Premier; the Minister of Finance, the MP Barrie-Springwater-Oro-Medonte; the MP Simcoe North; the Leader of the Progressive Conservative Party and MPP Simcoe North; and the Town of Fort Frances be advised of Council's decision under the Mayor's signature. Carried. c) Mayor H.S. Hughes, correspondence dated December 13, 2016 from Janet Nyhof, Deputy Clerk, City of Orillia re: Sustainable Funding Support for Child Advocacy Centres and the Child Advocacy Centre Simcoe/Muskoka. Motion No. C170125-24 Moved by Hall, Seconded by Jermey Be it resolved 1. That the correspondence dated December 13, 2016 from Janet Nyhof, Deputy Clerk, City of Orillia and presented by Mayor H.S. Hughes re: Sustainable Funding Support for Child Advocacy Centres and the Child Advocacy Centre Simcoe/Muskoka be received. 2. That the Township of Oro-Medonte supports the resolution from the City of Orillia to respectfully request the Government of Ontario to direct the Ministry of Attorney General, Ministry of Children and Youth Services; Ministry of Health and Ministry of Corrections and Public Safety to work together to create a sustainable core funding formula for Ontario's Child Advocacy Centres. 3. And That the Premier; the Ministry of the Attorney General, the Ministry of Children and Youth Services; the Ministry of Health, the Ministry of Corrections and Public Safety, the MP Barrie-Springwater-Oro-Medonte; the MP Simcoe North; the Leader of the Progressive Conservative Party and MPP Simcoe North; and the City of Orillia be advised of Council's decision under the Mayor's signature. Carried. Page 10 of 15 Council Minutes — Wednesday, January 25, 2017. 14. Consent Agenda: a) Announcements of Interest to the Public: 1. Orillia & Area Physician Recruitment & Retention Committee, Winter Wonderland, Friday, February 24, 2017, The Orillia Public Library, 7:00p.m.-11:00p.m. 2. Township of Oro-Medonte, 2017 Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nomination Notice. 3. Ontario Energy Board Public Hearing Notice, Enbridge Gas Distribution Inc. has applied to Renew its Natural Gas Franchise Agreement for the Township of Oro- Medonte, Active Participation Deadline due by January 30, 2017. b) Correspondence received January 17, 2017 from Chris Ballard, Minister, Ministry of Housing re: The Promoting Affordable Housing Act, 2016. Staff Recommendation: Receive. Motion No. C170125-25 Moved by Crawford, Seconded by Macpherson 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: 1. Orillia & Area Physician Recruitment & Retention Committee, Winter Wonderland, Friday, February 24, 2017, The Orillia Public Library, 7:00p.m.-11:00p.m. 2. Township of Oro-Medonte, 2017 Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nomination Notice. 3. Ontario Energy Board Public Hearing Notice, Enbridge Gas Distribution Inc. has applied to Renew its Natural Gas Franchise Agreement for the Township of Oro- Medonte, Active Participation Deadline due by January 30, 2017. b) Correspondence received January 17, 2017 from Chris Ballard, Minister, Ministry of Housing re: The Promoting Affordable Housing Act, 2016. Received. Carried. Page 11 of 15 Council Minutes — Wednesday, January 25, 2017. 15. Communications/Petitions: a) Correspondence from Association of Municipalities of Ontario (AMO) re: AMO Annual General Meeting and Annual Conference, August 13-16, 2017, Ottawa. Motion No. C170125-26 Moved by Jermey, Seconded by Hall Be it resolved 1. That the correspondence from Association of Municipalities of Ontario (AMO) re: AMO Annual General Meeting and Annual Conference, August 13-16, 2017, Ottawa be received. 2. That Councillors Hall, Crawford, Macpherson and Coutanche be authorized to attend. 3. And That the CAD's Office RSVP accordingly. Carried. b) Correspondence dated January 9, 2017 from Gayle Wood, CAO, Nottawasaga Valley Conservation Authority (NVCA) re: NVCA 2017 Municipal Levy. Motion No. C170125-27 Moved by Crawford, Seconded by Macpherson Be it resolved 1. That the correspondence dated January 9, 2017 from Gayle Wood, CAO, Nottawasaga Valley Conservation Authority (NVCA) re: NVCA 2017 Municipal Levy be received. 2. That subject to ratification of the Township of Oro-Medonte's 2017 Budget, the Township of Oro-Medonte chooses to phase in the NVCA Asset Levy over 4 years. 3. And That the NVCA be advised of Council's decision under the Director, Legislative Services/Clerk's signature. Carried. 16. Notice of Motions: None. Page 12 of 15 Council Minutes — Wednesday, January 25, 2017. 17. By -Laws: a) By -Law No. 2017-011: A By-law to Amend By-law 2016-063, "Being a By-law to Appoint Building Inspectors". b) By -Law No. 2017-013: A By-law to Appoint a Meeting Investigator and Repeal By - Law No. 2016-013. Motion No. C170125-28 Moved by Jermey, Seconded by Hall Be it resolved that a) By -Law No. 2017-011: A By-law to Amend By-law 2016-063, "Being a By-law to Appoint Building Inspectors". b) By -Law No. 2017-013: A By-law to Appoint a Meeting Investigator and Repeal By -Law No. 2016-013. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Council recessed at 12:00 p.m. and reconvened at 12:45 p.m. 18. Closed Session Items (Unfinished Items): Motion No. C170125-29 Moved by Crawford, Seconded by Macpherson Whereas the agenda for the Council meeting of January 25, 2017 includes a Closed Session matter regarding litigation affecting the municipality (Burl's Creek). And Whereas Council considered the matter early in the meeting and rose and reported on the matter. And Whereas prior to the Council meeting of January 25, 2017 being adjourned, additional information with respect to the litigation affecting the municipality (Burl's Creek) has become known. Now Therefore Be it resolved that the provisions of Procedural By-law No. 2015-203 be waived to permit further discussion on the matter. And That we do now go in Closed Session at 12:45 p.m. to discuss • litigation affecting the municipality (Burl's Creek). Carried. Page 13 of 15 Council Minutes — Wednesday, January 25, 2017. Motion No. C170125-30 Moved by Hall, Seconded by Jermey Be it resolved that we do now Rise at 12:56 p.m. and Report on the Closed Session Items 4d) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek). Carried. The following staff were present: Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director, Finance/Treasurer/Deputy CAO; Doug Irwin, Director, Legislative Services/Clerk; Donna Hewitt, Director, Corporate & Strategic Initiatives; Andria Leigh, Director, Development Services; Shawn Binns, Director, Operations and Community Services; Hugh Murray, Fire Chief; Tamara Obee, Manager, Human Resources, Health & Safety. Motion No. C170125-31 Moved by Jermey, Seconded by Hall Be it resolved that the confidential verbal information presented by Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek) be received. Carried. 19. Confirmation By -Law: a) By -Law No. 2017-010: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, January 25, 2017. Motion No. C170125-32 Moved by Macpherson, Seconded by Crawford Be it resolved that By -Law No. 2017-010: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, January 25, 2017 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 14 of 15 Council Minutes — Wednesday, January 25, 2017. 20.Questions from the Public Clarifying an Agenda Item: Questions from the Public Clarifying an Agenda Item provides an opportunity for the members of the public to seek clarification with respect to the decision which was made on an agenda item, the meaning of the decision and the next steps as a result of the decision. No one posed a question. 21.Adjournment: a) Motion to Adjourn. Motion No. C170125-33 Moved by Hall, Seconded by Jermey Be it resolved that we do now adjourn at 4:24 p.m. Carried. Page 15 of 15