TOWN OF WHITCHURCH - STOUFFVILLE COUNCIL MINUTES Tuesday, August 13, :30 am

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1 Chair: Mayor Emmerson TOWN OF WHITCHURCH - STOUFFVILLE COUNCIL MINUTES Tuesday, August 13, :30 am Council Chambers 111 Sandiford Drive The regular meeting of Council was held at the municipal offices, on the above date and time. All members of Council were present. Staff Present: Dave Cash, Michele Kennedy, Mike Molinari, Andrew McNeely, Marc Pourvahidi, Rob Raycroft, Rob McKenzie, Isabel Leung, Maria Schembri, Chris Paul, Brian Jones, Karen Ewart, Nirvana Champion, Gary Sumner. CALL TO ORDER RECOGNITIONS, if applicable 1. Introduction of New Town Staff Mayor Emmerson introduced and welcomed Brian Jones, the new acting Manager of Operations. INTRODUCTION OF ADDENDUM ITEMS None. CONFIRMATION OF AGENDA MOVED by Councillor Smith SECONDED by Councillor Bartley THAT the agenda be confirmed as circulated. DECLARATIONS None.

2 ADOPTION OF MINUTES MOVED by Councillor Ferdinands SECONDED by Councillor Hilton THAT the minutes of the regular meeting of Council on July 16, 2013 be adopted as circulated. OUTSIDE PRESENTATIONS, if applicable None. DELEGATIONS, if applicable 1. Status update on the Clippers Arena cooperative project: Harry French Mr. French provided an update on the Whitchurch-Stouffville Energy Cooperative s solar panel project on the Clippers Arena. The organization applied for the Ontario Power Authority s (OPA) Feed-In Tarrif (FIT) Program but the application was deemed incomplete. The cooperative have elected to submit an application again this fall pending on OPA s announcement and they will ask for Council s support and authorization at a later meeting. MOVED by Councillor Bannon SECONDED by Councillor Ferdinands THAT the status update from Mr. Harry French regarding the Clippers Arena cooperative project be received. RESOLUTION TO MOVE INTO COUNCIL IN COMMITTEE MOVED by Councillor Smith SECONDED by Councillor Hargrave THAT Council move to Council in Committee. DETERMINATION OF REPORTS ON THE CONSENT AGENDA REQUIRING SEPARATE DISCUSSION Reports 1, 5, 7, 13, 15, 16, 17, 20, 21 and 22 were identified for separate discussion.

3 ADOPTION OF REPORTS ON CONSENT AGENDA NOT REQUIRING SEPARATE DISCUSSION Moved By Councillor Hilton Seconded By Councillor Bannon THAT reports 1 to 22, with the exception of items that have been deferred, deleted or listed for separate discussion, on the regular agenda, be approved and the recommendations contained therein be adopted. STAFF PRESENTATIONS, if applicable 1. UPDATE ON ECONOMIC READINESS - Report #1 (Deferred from July 16 Council Meeting) Nirvana Champion, Economic Development Officer, provided a demonstration of the 2013 Online Business Directory which has recently been launched on the Town s website. The Business Directory is a Geographic Information Systems-based tool created by the Regional Municipality of York. It is an interactive online tool that will enable consumers to connect more readily to local businesses and allow businesses to increase their reach to customers. MOVED by Councillor Hargrave SECONDED by Councillor Smith THAT the staff presentation providing an update on economic readiness be received for information purpose.

4 CONSIDERATION OF REPORTS ON THE CONSENT AGENDA REQUIRING SEPARATE DISCUSSION 1. MID YEAR 2013: ECONOMIC READINESS MOVED by Councillor Hargrave SECONDED by Councillor Smith 1) THAT Town Council receive the Economic Readiness report for information; 2) AND THAT Town Staff report back to Council in early-mid 2014 with an update. 2. WHITCHURCH-STOUFFVILLE ACCESSIBILITY ADVISORY COMMITTEE MEMBERSHIP (C11) 1) THAT Council accept the resignation of Thom Young-leslie from the Whitchurch-Stouffville Accessibility Advisory Committee for the term of Council; 2) AND THAT Council appoint Kirsten Hill to the Whitchurch-Stouffville Accessibility Advisory Committee for the term of Council; 3) AND THAT appointment by-law AP be enacted; 4) AND THAT the current appointment by-law AP be repealed. 3. BALLANTRAE COMMUNITY CENTRE ADVISORY COMMITTEE MEMBERSHIP (C11) 1) THAT Council accept the resignation of Elizabeth Johnston from the Whitchurch-Stouffville Ballantrae Community Centre Advisory Committee for the term of Council; 2) AND THAT Council appoint Janny Hogen Esch to the Whitchurch- Stouffville Ballantrae Community Centre Advisory Committee for the term of Council;

5 3) AND THAT appointment by-law AP be enacted; 4) AND THAT the current appointment by-law AP be repealed. 4. ADMINISTRATIVE PROCEDURE No. 66 USE OF CORPORATE RESOURCES AND COMMUNICATIONS DURING ELECTION YEARS 1) THAT the Section entitled Election Years be removed from Administrative Procedure No. 54, Councillor s Expenses for Newsletters and Conferences/Seminars effective August 13, ) AND THAT Administrative Procedure No. 66 Use of Corporate Resources and Communications during Election Years be added as a Reference in Administrative Procedure No. 54, effective August 13, ) AND THAT Administrative Procedure No. 66, Use of Corporate Resources and Communications during Election Years be enacted effective August, 13, ) AND THAT IT staff be directed to buy out the leases for all electronic devices utilized by Members of Council effective December 31, 2013 and determine the residual value of the equipment. Ownership of the electronic devices will then be transferred to Members of Council effective January 1, 2014 in keeping with any applicable Canada Revenue Agency requirements. 5. VOTING METHOD FOR 2014 MUNICIPAL ELECTION MOVED by Councillor Ferdinands SECONDED by Councillor Smith 1) THAT the staff report regarding Voting Method for 2014 Municipal Election be deferred to September 3, 2013 Council Meeting. AS AMENDED

6 6. AMENDMENT TO PRE-SERVICING AGREEMENT - VILLA PARASO HOME CORP. - Part of Lot 3, Concession 8, Community of Stouffville - File No. 19T(W) (D12) 1) THAT the amendment to the Pre-servicing Agreement between Villa Paraso Home Corp. and the Town of Whitchurch-Stouffville, in connection with draft plan of subdivision 19T(W) (D12), be approved to allow the development to be serviced; 2) AND THAT the Mayor and Clerk be authorized to sign a Pre-Servicing Agreement Amendment between Villa Paraso Home Corp. and the Town of Whitchurch-Stouffville subject to any revisions required by the Town Solicitor. 7. PEER REVIEW OF HIGHWAY 48 LANDFILL SITE (YORK SANITATION SITE NO. 4) ANNUAL MONITORING REPORT (E07) MOVED by Councillor Smith SECONDED by Councillor Bannon 1) THAT the Town discontinue its practice to perform and fund the annual peer review of the Highway 48 Landfill Site (York Sanitation Site No. 4) Annual Monitoring Report; 2) AND THAT the Ministry of the Environment be requested to continue to provide the Town a copy of future monitoring reports for the site along with their review comments and/or recommendations. 3) AND THAT Staff be directed to draft a resolution to the local Member of Provincial Parliament Helena Jaczek, Region of York and the Ministry of the Environment expressing Council's concern regarding the Highway 48 Landfill Site for the next Council Meeting on September 3, AS AMENDED

7 8. DEVELOPMENT OF PRIVATE AERODROMES (D00) 1) THAT Council send a resolution to the Minister of Transport, Infrastructure and Communities requesting that the Minister require all proponents of aerodrome development to undertake pre-development consultation with area residents and the municipality in the same manner that Industry Canada requires proponents of communication towers to follow a local land authority established public consultation process. 2) AND THAT Council send a copy of this report to the local Member of Parliament, Paul Calandra, the Township of King and resident Mr. M. Mezzarobba, for information. AS AMENDED 9. CONSERVATION AND DISSOLUTION POLICIES WHITCHURCH- STOUFFVILLE MUSEUM AND COMMUNITY CENTRE (R03) 1) THAT Council adopt the Conservation Policy, as recommended by the Whitchurch-Stouffville Museum and Community Centre Advisory Committee; 2) AND THAT Council adopt the Dissolution Policy, as recommended by the Whitchurch-Stouffville Museum and Community Centre Advisory Committee; 10. VARIANCE REPORT ON 2013 SIX MONTHS STATEMENT OF OPERATIONS AND PILOT PROJECT FOR FEED-IN TARIFF (FIT) REQUESTS (F05 1) THAT the 2013 Six Month Variance Report be received for the purpose of information; 2) AND THAT staff maintain the current temporary site plan review fees for the solar panels for the foreseeable future, and report to Council only if changes to the fees are required.

8 11. PROPOSED ZONING BY-LAW AMENDMENT AND SITE PLAN CONTROL AGREEMENT, NINTH LINE, (OXFORD LEARNING CENTRE) COMMUNITY OF STOUFFVILLE, PLANNING FILE NOS. ZBA AND SPA (D11 AND D14) 1) THAT By-law No ZO, being a By-law to change the zoning in Comprehensive Zoning By-law No ZO for the property located at Ninth Line, from Traditional Residential One R1(1) to Institutional Three I(3) to permit an expansion of the existing commercial school, be enacted; 2) AND THAT the Site Plan Control Application by the Owners to permit the expansion of the existing parking lot and driveway at Ninth Line, Part of Lot 33(M), Concession 9, Community of Stouffville as redlined, be approved, subject to the approval of By-law ZO and any revisions that may be required by the Town Solicitor; 3) AND THAT any revision or additional details as required by the Director of Engineering and Capital Projects, Director of Planning & Building Services, Director of Public Works, and Fire Chief to be submitted for review and approval; redlined as necessary, and, upon approval, these details shall form part of the Site Plan Control Agreement; 4) AND THAT any revision or additional details as required by the Region of York to be submitted for review and approval; redlined as necessary, and, upon approval, these details shall form part of the Site Plan Control Agreement; 5) AND THAT the Fire Route shown on the approved plan shall be designated by Municipal By-law and the Owner shall install at its own expense No Parking Fire Route signs to the satisfaction of the Fire Department; 6) AND THAT the Mayor and Clerk be authorized to execute the Site Plan Agreement.

9 12. FRANCHISE AGREEMENT AND RENEWAL ENBRIDGE GAS DISTRIBUTION INC. (E06 & L04) 1) THAT Council approve in principle the form of draft By-law (including the franchise agreement forming part thereof) attached hereto and authorize the submission thereof to the Ontario Energy Board for approval pursuant to the provisions of Section 9 of the Municipal Franchise Act; 2) AND THAT Council request the Ontario Energy Board to make an order dispensing with the assent of the municipal electors of the attached By-law (including the franchise agreement forming part thereof) pursuant to the provisions of Section 9(4) of the Municipal Franchises Act. 13. REQUEST BY HENDRIK OP T ROOT FOR A REDUCTION TO REQUIRED FEES AND PEER REVIEW REFUNDABLE DEPOSIT IN RELATION TO A SITE PLAN CONTROL APPLICATION FOR 38 STALWART INDUSTRIAL DRIVE (D00) MOVED by Councillor Smith SECONDED by Councillor Bartley 1) THAT the request for a reduction in the required fees and peer review refundable deposit for a proposed site plan control application at 38 Stalwart Industrial Drive be denied. 14. ASSUMPTION REPORT MATTAMY (HOOVER PARK) LIMITED WHELERS MILL SUBDIVISION 19T (W) REGISTERED PLAN 65M-3841 STAGE 1A - ASSUMPTION AREA C 1) THAT By-law No RD, being a by-law to assume Dorcas Gate and the portion of Clausfarm Lane within Stage 1A Assumption Area C of registered Plan 65M-3841 as public highway and the associated public works, be enacted;

10 2) AND THAT the Town retain the current cash security balance in the amount of $2, to cover any administrative and legal cost in connection with the assumption process; 3) AND THAT the Town reduce the current letter of credit to $10, to cover any outstanding items outlined in this report including street tree replacement. 15A. SUPPLEMENTARY REPORT TO REPORT #15 FROM THE JULY 16, 2013 CIC/COUNCIL MEETING CONCERNING GUIDING PRINCIPLES: EXTENSION OF SANITARY SERVICES COMMUNITY OF BALLANTRAE (E01) MOVED by Councillor Bannon SECONDED by Councillor Ferdinands 1) THAT this Supplementary Report pertaining to the Guiding Principles: Extension of Sanitary Services, Community of Ballantrae, be received for information. 15B. GUIDING PRINCIPLES, EXTENSION OF SANITARY SERVICES TO 15381, 15437, & HIGHWAY 48, COMMUNITY OF BALLANTRAE (E01) MOVED by Councillor Bannon SECONDED by Councillor Ferdinands 1) THAT the Guiding Principles identified in Attachment No. 2 to this Report, subject to minor revisions by the Town Solicitor, be utilized as the framework of a future servicing agreement between the Town and Ballantrae Natural Resource Centre Inc. for the provision of sanitary services benefiting certain properties, and more specifically identified as15381, 15437, and Highway; 2) AND THAT Staff be directed to continue discussions with the Region of York to facilitate the increase in the Water Take Permit for the Ballantrae Musselman s Lake water system to support a population of 6,230 persons; 3) AND THAT the future servicing agreement be returned to Council for approval upon being advised by the Region of York about the commitment to facilitate an increase in the Water Take Permit as noted in Recommendation #2;

11 4) AND THAT Ballantrae Natural Resource Inc. be advised of the framework of the proposed Agreement and the terms for its return to Council for approval. 5) AND THAT staff be directed to amend Clause #5 in the Guiding Principles to include the text "a minimum of" before the reference to 6230 persons and add the following text immediately after the first sentence: The Town will only advance the implementation of the Servicing Agreement with Ballantrea Natural Resources Inc. upon receipt in writing from the Region of York advising that they can support the Amendment to the Water Take Permit and they have consulted the Ministry of the Environment of the particulars necessary to seek the Amendment. 6) AND FURTHER THAT staff be directed to insert the following text as a new Clause #6 to the Guiding Principles and renumber the balance of the Clauses in Attachment No.2 accordingly: The future Servicing Agreement, if advanced, will establish the parameters inclusive of the timeframe and conditions for implementation for the extension of sanitary services to the Benefitting Lands to the satisfaction of Town Council. AS AMENDED 16. YORK REGION DISTRICT SCHOOL BOARD FACILITY PARTNERSHIP OPPORTUNITY (A16) MOVED by Councillor Hargrave SECONDED by Councillor Bartley 1) THAT Council receive the report on the potential York Region District School Board (YRDSB) Partnership for information; 2) AND THAT a copy of this report be sent to YRDSB.

12 17. DEVELOPMENT AGREEMENT TO IMPLEMENT CONDITIONS TO MINOR VARIANCE, PART OF LOT 21, CONCESSION 6, 11 FORESTVIEW TRAIL, FILE NO. CA (D13) MOVED by Councillor Ferdinands SECONDED by Councillor Hilton 1) THAT Council approves the Development Agreement between the Owner of the property at 11 Forestview Trail and the Town, which will satisfy Conditions to the granting of Provisional Approval for Minor Variance Application No. CA with respect to matters associated with implementation of the recommendations of a Natural Heritage Evaluation required under the Oak Ridges Moraine Conservation Plan; 2) AND THAT By-law No DE to authorize the Mayor and Clerk to execute the Development Agreement regarding the property at 11 Forestview Trail, be enacted. 18. DEVELOPMENT AGREEMENT TO IMPLEMENT CONDITIONS, TO MINOR VARIANCE, LOT 2, PLAN 65M-2841, 48 WILDERNESS TRAIL, FILE NO. CA (D13) 1) THAT Council approves the Development Agreement between the Owner of the property at 48 Wilderness Trail and the Town, which will satisfy Conditions to the granting of Provisional Approval for Minor Variance Application No. CA with respect to matters associated with implementation of the recommendations of a Natural Heritage Evaluation required under the Oak Ridges Moraine Conservation Plan; 2) AND THAT By-law No DE to authorize the Mayor and Clerk to execute the Development Agreement regarding the property at 48 Wilderness Trail, be enacted.

13 19. DEVELOPMENT AGREEMENT TO IMPLEMENT CONDITIONS, TO MINOR VARIANCE, PART LOT 16, CONCESSION 6; PART 4, PLAN 65R , 4018 VANDORF SIDEROAD, FILE NO. CA (D13) 1) THAT Council approves the Development Agreement between the Owner of the property at 4018 Vandorf Sideroad and the Town, which will satisfy Conditions to the granting of Provisional Approval for Minor Variance Application No. CA with respect to matters associated with implementation of the recommendations of a Natural Heritage Evaluation required under the Oak Ridges Moraine Conservation Plan; 2) AND THAT By-law No DE to authorize the Mayor and Clerk to execute the Development Agreement regarding the property at 4018 Vandorf Sideroad, be enacted. 20. STATUS REPORT ON THE RENOVATION OF MUNICIPAL OFFICES AND UPDATE FOR YORK REGIONAL POLICE (YRP) TENANCY - (A19) MOVED by Councillor Hargrave SECONDED by Councillor Bannon 1) THAT Project Status Report #1 concerning the renovation of the Municipal Offices project be received for information. 21. ROUNDABOUT INFORMATIONAL REPORT MOVED by Councillor Hargrave SECONDED by Councillor Bartley 1) THAT Council receive this report concerning roundabouts for information; 2) AND THAT Staff continue to evaluate the effectiveness of the miniroundabout pilot in the Villa Paraso Development and report back to Council prior to implementing further mini-roundabouts in the future; 3) AND THAT Staff review the potential of retrofitting existing intersections on major Town streets such as Hoover Park Drive and Millard Street with mini-roundabouts or roundabouts as part of the Transportation Master Plan Study that is programmed for 2014.

14 22. SOCCERCITY - INDOOR SOCCER FACILITY LEASE (L04) MOVED by Councillor Bartley SECONDED by Councillor Ferdinands 1) THAT Council approve the 10 year lease agreement between the Town and Cabrera Ridge Building Corp. (Trinistar Corporation) as outlined in Attachment #1, for the exclusive use of the Indoor Soccer Facility located in Stouffville, including an option to purchase; 2) AND THAT the Business and Financial Plan dated August 6, 2013 as included as Attachment #2 be approved; 3) AND THAT the lease agreement be finalized to the satisfaction of the Town Solicitor; 4) AND THAT the Mayor and Clerk be authorized to sign the necessary documents; 5) AND THAT staff be authorized to proceed in 2013 with the associated facility and program opportunities in accordance with the estimated budget as outlined in Attachment #3; 6) AND THAT Council gives Pre-budget approval for 2014 for this project, in accordance with the projected budget for 2014 as outlined in Attachment #2. CONSIDERATION OF DISCUSSION AGENDA REPORTS, if applicable None. ADJOURNMENT OF COUNCIL IN COMMITTEE MOVED by Councillor Hilton SECONDED by Councillor Bannon THAT there being no further business the Council in Committee meeting be adjourned at 10:43 a.m.

15 COUNCIL CONSIDERATION OF RECOMMENDATIONS MOVED by Councillor Smith SECONDED by Councillor Hargrave THAT all reports on the agenda, with the exception of the reports that have been deferred, deleted or listed for separate discussion, be approved and the recommendations contained therein be adopted. INFORMATION/ACTION ITEMS FROM TOWN ADVISORY COMMITTEES None. OUTSIDE RESOLUTIONS - REQUEST FOR ENDORSEMENT (C10) 1. Resolution from the Alzheimer Society to support Dementia Care Strategy MOVED by Councillor Bartley SECONDED by Councillor Smith THAT Council supports the resolution from the Alzheimer Society Sudbury- Manitoulin to lobby the Government of Ontario and Government of Canada to develop a dementia strategy at all levels of government. 2. Flood Management for the July 8th Severe Weather Event MOVED by Councillor Ferdinands SECONDED by Councillor Bannon THAT correspondence and report from the Toronto and Region Conservation Authority (TRCA) regarding the July 8th Severe Weather Event in the Greater Toronto Area, be received for information. NOTICES OF MOTION None.

16 RESOLUTIONS FROM MEMBERS OF COUNCIL 1. FINANCIAL SUPPORT FOR THE TOWN CRIER MOVED by Councillor Ferdinands SECONDED by Councillor Bartley THAT the Director of Finance/ Treasurer be directed to provide $3,500 from Grants and Donations to the Whitchurch-Stouffville Town Crier, Mr. Marcel Bossi, for the purpose of purchasing a new uniform, covering travel expenses and attending annual general meetings. 2. AMENDMENT TO THE COUNCIL MEETING SCHEDULE MOVED by Councillor Hargrave SECONDED by Councillor Bartley 1) THAT the Council meeting schedule be amended as follows: September 24, 2013 Special Council Education Workshop at 9:30 a.m. and Public Meeting at 7 p.m., if required, be cancelled. September 24, 2013 Special Council in Committee/ Council Meeting at 7 p.m., re: Pace Financial/ Geranium, Mixed Used Condominium at Southeast Corner of Lloyd and Main Street, be added. RESOLUTION TO HOLD AN IN CAMERA MEETING, if required MOVED by Councillor Bannon SECONDED by Councillor Bartley THAT the Council meeting recess to permit the holding of a Council in Camera meeting to consider:. 1. Report of the Council Coordinator re: Personal matter about an identifiable individual (Municipal Act, Sec. 239 (2) (b)) - Committee of Adjustment

17 .. 2. Report of the C.A.O. re: Labour relations or employee negotiations (Municipal Act, Sec. 239 (2) (d)) Workplace Investigation (Including memorandum from Acting C.A.O.) Deferred from July 16, 2013 Council in-camera meeting 3. Report of the C.A.O. re: Labour relations or employee negotiations (Municipal Act, Sec. 239 (2) (d)) Organizational Review. Council resolved into an in camera session at 10:53 a.m. Council reconvened in open session at 1:50 p.m. RESOLUTION FROM IN CAMERA MEETING 2. Report of the C.A.O. re: Labour relations or employee negotiations (Municipal Act, Sec. 239 (2) (d)) Workplace Investigation (Including memorandum from Acting C.A.O.) BY-LAWS MOVED by Councillor Smith SECONDED by Councillor Ferdinands 1) THAT the Town s Purchasing By-Law be waived to allow the CAO to undertake a study concerning a Human Resources matter, subject to an upset limit of $45,000 plus HST.. MOVED by Councillor Smith SECONDED by Councillor Hilton THAT the following by-laws be read a first, second and third time and passed: MS BEING A BY-LAW to designate certain lands on a registered plan of subdivision as not being subject to Part Lot Control TR BEING A BY-LAW to amend By-law Number TR, to regulate traffic in the Town of Whitchurch-Stouffville on Hoover Park Drive and Cabin Trail Crescent/Ken Laushway Avenue.

18 AP BEING A BY-LAW to appoint individuals to the Whitchurch-Stouffville Accessibility Advisory Committee and repeal By-law AP AP BEING A BY-LAW to appoint individuals to the Whitchurch-Stouffville Ballantrae Community Centre Advisory Committee and repeal By-law AP DE BEING A BY-LAW to authorize the signing of a Development Agreement (11 Forestview Trail) DE BEING A BY-LAW to authorize the signing of a Development Agreement (48 Wilderness Trail) DE BEING A BY-LAW to authorize the signing of a Development Agreement (4018 Vandorf Sideroad) DE BEING A BY-LAW to to assume certain lands as public highway (Dorcas Gate, Clausfarm Lane) ZO BEING A BY-LAW to amend By-law ZO of the Town of Whitchurch-Stouffville (Comprehensive Zoning By-law). CONFIRMATORY BY-LAW MOVED by Councillor Bannon SECONDED by Councillor Hilton THAT Confirmatory By-law MS be read a first, second and third time and passed. LIST OF PROCLAMATIONS MADE (M00) 1. July 6-25, 2013 Ontario Family Fishing Events Ontario Federation of Anglers & Hunters

19 MOTION TO ADJOURN MOVED by Councillor Hargrave SECONDED by Councillor Bartley THAT there being no further business the Council meeting be adjourned at 1:55 p.m. DATED at the Town of Whitchurch-Stouffville this 3 rd day of September, Mayor Wayne Emmerson Michele Kennedy, Clerk