Seconded by: Anderson THAT the meeting of the Council of the Township of Springwater of August 9, 2010 come to order at 5:38 p.m.
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1 REGULAR COUNCIL MINUTES August 9, :30 PM Council Chambers Administration Centre, Minesing Present: Mayor Tony Guergis, Chair Deputy Mayor Tony Hope Councillor Dan Clement Councillor Reg Cowan Councillor Linda Collins Councillor Mick Caldwell Councillor Kim Anderson Also Present: John Daly, Director of Corporate Services & Clerk Laurie Kennard, Director of Finance Tony Van Dam, Director of Fire & Emergency Services Brent Spagnol, Planner, Planning & Development Brad Sokach, Director of Public Works Kayla Thibeault, Research & Policy Analyst Jennett Mays, EA/Communications Coordinator Regrets: None noted 1. CALL TO ORDER RESOLUTION C Moved by: Hope Seconded by: Anderson THAT the meeting of the Council of the of August 9, 2010 come to order at 5:38 p.m. 2. MOMENT OF REFLECTION 3. DISCLOSURE OF PECUNIARY INTEREST None noted. 4. DEPUTATIONS/PRESENTATIONS Procedural Matter Waiving the Rules of Procedure RESOLUTION C Moved by: Hope
2 Seconded by: Cowan THAT Procedural By-law be waived to permit the addition of the Hillsdale Hotel Foundation to the August 9, 2010 agenda Bernard Pope, Ontario Farmland Preservation regarding Solar Energy Proposals The delegation reiterated details contained in his written submission published on the agenda. The delegation was not supportive of solar farms on productive agricultural lands. Council thanked the delegation, however encouraged Mr. Pope to network with Provincial Agencies who have experts on these matters. RESOLUTION C Moved by: Anderson THAT the deputation from Bernard Pope of Ontario Farmland Preservation regarding solar energy proposals, be received. 4.2.Fred Archer regarding the Development Charges of his Property 18 William Street, Elmvale The delegation of Mr. Fred Archer and Bill Thompson outlined the history of Track Vehicle Repair and the proposed move and development in Elmvale. It was explained that the project budget of $794,000 would be exceeded by $126,559 due to issues described as unknown, such as NCVCA fees and water rates and re-zoning. The delegation explained that if the lands remained undeveloped, the Township would collect $19,000 in property taxes compared to $120,000 if the site was to be developed. It was further suggested that DC charges should not be applied mezzanines, resulting in a reduction of $30,000 in DCs. Council reflected on previous developments, such as Atlas Block, and the applicable fees collected; if the fees are not collected from development, they would have to be found elsewhere. It was agreed that whatever was decided may set a precedent and would
3 have to be afforded to all future applicants. RESOLUTION C Moved by: Hope Seconded by: Clement THAT Council grants back the difference between the non-residential and residential rate for the water and sewer Development Charges (DC); and THAT the Township portion of the non-water/sewer DC charge be commuted over 10 years at an interest rate of 3 per cent; and THAT the Township expedite the Planning approval process where possible to alleviate further delays; and THAT effective August 9, 2010, all future non-residential building permit applicants be afforded concessions that may become available from the implementation of the Economic Development (ECD) Strategy; and THAT staff are hereby directed to negotiate with Mr. Archer ensuring the spirit of Council s philosophy is captured in negotiations; and THAT deputation from Fred Archer regarding the development charges of his property located at 18 William Street, Elmvale, be received. A recorded vote was requested. The results of the recorded vote were as follows: In favour: Anderson, Caldwell, Clement, Collins, Cowan, Hope, Guergis (7) Opposed: None recorded (0) UNANIMOUSLY 4.3.Peter Dean and Ian Bender, Hillsdale Hotel Foundation The delegation advised Council that the Foundation had secured a loan valued at $350,000 from a local developer Mark Porter, however the asking price of the property is $450,000. Professional assessments of the building report that is it well worth the effort to restore the site; if Revenue Canada approve a charitable donation status of the larger portion of the loan, the foundation may not need to draw upon the Township s contribution. RESOLUTION C Moved by: Caldwell Seconded by: Anderson
4 THAT the Director of Finance is authorized to negotiate a loan to the Hillsdale Hotel Foundation up to $100,000, repayable over 10 years at an interest rate of 0 per cent (%); and THAT the loan to the Hillsdale Hotel Foundation be funded from the Working Reserve; and THAT staff report back to a future meeting of Council on all matters, such as the negotiated loan; and THAT the deputation from Hillsdale Hotel Foundation, be received. UNANIMOUS 5. PREVIOUS MINUTES 5.1. Regular Council Meeting Minutes - July 12, 2010 RESOLUTION C Moved by: Clement THAT the Minutes of the Regular Council meeting held on July 12, 2010 be approved as presented. 5.2.Special Council Meeting Minutes - July 26, 2010 RESOLUTION C Moved by: Collins Seconded by: Cowan THAT the Minutes of the Special Council meeting held on July 26, 2010 be approved as presented. 6. STAFF REPORTS 6.1. Development Agreement: B30/08 to B33/ Old Second South Road
5 RESOLUTION C Moved by: Cowan Seconded by: Collins THAT the report from the Planner regarding the proposed development agreement for Condition 7 of the Ontario Municipal Board Decision for OMB File PL090115, Consent Applications B30/08, B31/08, B32/08, & B33/08, dated August 9, 2010, be received; and THAT Council ratify the By-law authorizing the Mayor and the Clerk to execute the proposed agreement with the understanding that the proportionate share of costs to the developer is 100 per cent (%) for the works at the intersection of Old Second South and Partridge Road. 6.2.Minesing Community Centre Septic System Tender RESOLUTION C Moved by: Hope Seconded by: Anderson THAT the report from the Director of Recreation, Parks and Properties regarding the Minesing Community Centre Septic System Tender, dated August 09, 2010 be received; and THAT the contract for the Minesing Community Centre Septic System upgrades and connection to the Minesing Central School system be awarded to the low bid of Onsite Septic Solutions in the amount of $31, plus taxes ; and THAT the Minesing Community Centre Septic System project be funded from the Recreation Facility Reserve Fund. 6.3.Financial Report for Six Month Period Ending June 30, 2010 Staff clarified that expenses reimbursed via payroll deposits will be reported in the future; due to a software upgrade, the reporting feature had been lost. RESOLUTION C
6 Moved by: Anderson THAT the Director of Finance s Financial Report for the six month period ending June, 2010, be received. 6.4.One Year Newspaper Advertising Review RESOLUTION C Moved by: Caldwell Seconded by: Clement THAT the report from the EA/Communications Coordinator regarding one year Newspaper Advertising Review, dated August 9, 2010 be received; and THAT staff proceed to continue newspaper advertising with The Springwater News for up to two years. 6.5.Springwater's 1812 Heritage - Requests for Funding - Update RESOLUTION C Moved by: Clement THAT the report from the EA/Communications Coordinator regarding Springwater s 1812 Heritage Requests for Funding Update, dated August 9, 2010, be received; and THAT the funding request for the 1812 event as outlined in the subject report be approved for the Huronia Lookout; and THAT the request for the Penetanguishene Road: A War of 1812 Commemorative Project be deferred to a future meeting to permit staff to report on additional information. 6.6.Graffiti Removal Policy Review
7 RESOLUTION C Moved by: Collins Seconded by: Cowan THAT the report from the Research and Policy Analyst regarding the Graffiti Removal Policy Review, dated August 9, 2010 be received; and THAT the Graffiti Removal Policy, Resolution C , be rescinded; and THAT the revised Graffiti Removal Policy be approved. 6.7.Revised Future Focus Accomplishments Document RESOLUTION C Moved by: Cowan Seconded by: Collins THAT the report from the Research and Policy Analyst regarding the Revised Future Focus Accomplishments Document, dated August 9, 2010 be received; THAT Council and staff review the revised Future Focus Accomplishments document, provide suggestions to the Research and Policy Analyst for a report to a future meeting of Council. 6.8.Knox Building Update RESOLUTION C Moved by: Hope Seconded by: Anderson THAT the report from the Research and Policy Analyst regarding the Knox Building Update, dated August 9, 2010 be received; and THAT staff organize a final meeting of the Knox Building Review Committee to review the North Simcoe Community Futures Development Corporation (NSCFDC) report and to deliberate on the options available for the facility.
8 6.9.Highway 93 Drainage Works - Tender Results RESOLUTION C Moved by: Anderson THAT the report from Mark Archer, CET, CRSI, Drainage Superintendent, regarding the Highway 93 Drainage Works - Tender Results dated August 9, 2010, be received; and THAT the Highway 93 Drainage Works tender of Seeley & Arnill Construction in the amount of $602, plus H.S.T. for the construction of the Highway 93 Drainage Works be accepted subject to MTO approval of Item 3, Item 4, Item 5 and Item 8 of the Highway 93 Drainage Works tender Ontario Clean Water Agency (OCWA) Water System Operation Contract Extension RESOLUTION C Moved by: Caldwell Seconded by: Clement THAT the report from the Director of Public Works regarding Ontario Clean Water Agency (OCWA) Water System Operation Contract Extension, dated August 9, 2010 be received; and THAT staff advise OCWA of the Township s intent to extend the contract for the operation of the municipal water systems, as per the terms outlined in the municipal water systems contract Solar Energy Farm - Hatch RESOLUTION C Moved by: Clement THAT the report from the Director of Corporate Services and Clerk regarding the proposed Hatch/Recurrent Energy Project be received; and
9 THAT staff further review all materials regarding the Hatch/Recurrent Energy solar electric generating facility projects (Midhurst 2 and 6) and provide a written response to Hatch/Recurrent Energy Project consistent with Planning and Economic Development principles prior to August 30, Bell Communications Tower Wilson Dr. (Project W2938) Councillor Caldwell expressed his concern that the project would place a tower close to an airport runway. The Clerk advised that the Township is a commenting agency for functions within its jurisdiction, the applicant would have to engage other approval authorities, such as Nav-Canada and the Airport. RESOLUTION C Moved by: Collins Seconded by: Cowan THAT the report from the Director of Corporate Services and Clerk regarding the proposed Bell Tower be received; and THAT the proposal received from Bell Mobility to construct a telecommunications tower be considered complete as per the Municipal Clearance Process for Telecommunication Towers Proposed Noise and Discharge of Firearms By-laws Update (For Information) 6.14.Update: Brenda Stanley's Delegation of July 12, 2010 (For Information) 6.15.Accounts Payable for the Month of June 2010 (For Information) 6.16.Accounts Payable for the Month of July 2010 (For Information) 6.17.Second Quarter Visa Report (For Information) 6.18.Building Department Monthly Report for June 2010 (For Information) 6.19.By-law Department Monthly Report for June 2010 (For Information)
10 6.20.Resolution for Staff Reports Received as Information RESOLUTION C Moved by: Cowan Seconded by: Collins THAT Staff Report items 6.13 through to 6.19 be received as information. 7. BOARD AND COMMITTEE MINUTES RESOLUTION C Moved by: Hope Seconded by: Anderson THAT the minutes of the Boards and Committees of the, and the recommendations contained therein, be approved as presented Elmvale Community Hall Board meeting held on June 8, Joint Health and Safety Committee meeting held on June 17, Joint Health and Safety Committee meeting held on July 15, CORRESPONDENCE AND INFORMATION ITEMS 8.1. CUPE Letter of July 9, 2010 regarding Child Care Worker and Early Childhood Educator Appreciation Day RESOLUTION C Moved by: Anderson THAT correspondence from CUPE regarding the proclamation for Child Care Worker and Early Childhood Educator, be received; and THAT the organization be notified the does not issue proclamations in accordance with Procedural By-law
11 8.2.Drinking Water Source Protection Invitation for Impact Through Understanding: Implications of the Assessment Report for Municipal Stakeholders RESOLUTION C Moved by: Caldwell Seconded by: Clement THAT the correspondence from Drinking Water Source Protection regarding their municipal workshops be received; and THAT the Council approves of Mayor Guergis, Deputy Mayor Hope, Councillors Collins, and Cowan to attend the Impact Through Understanding: Implications of the Assessment Report for Municipal Stakeholders workshop on September 7, 2010 in Wasaga Beach. 8.3.Hans Cunningham, President, Federation of Canadian Municipalities (FCM) Letter of July 8, 2010 to Tony Clement, MP regarding the Discontinued Use of Statistics Canada Mandatory Long-Form Questionnaire RESOLUTION C Moved by: Clement THAT the Honourable Tony Clement, M.P. Minister of Industry Canada, be advised that the supports the Federation of Canadian Municipalities (FCM) in its call for the Federal Government to reconsider the discontinuation of the mandatory long-form questionnaire in favour of a voluntary National Household Survey (NHS) Loyalist Township Letter of July 15, 2010 regarding their Support of the Township Springwater's Resolution being Against the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2010 (Bill 13) 8.5. Municipality of West Elgin Letter of July 16, 2010 regarding their Support of the 's Resolution being Against the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2010 (Bill 13)
12 8.6. Municipality of Killarney Resolution of July 14, 2010 regarding their Support of the 's Resolution being Against the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2010 (Bill 13) 8.7. Township of Brooke-Alvinston Letter of July 20, 2010 regarding their Support of the 's Resolution being Against the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2010 (Bill 13) 8.8. Township of Evanturel Letter of July 20, 2010 regarding their Support of the 's Resolution being Against the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2010 (Bill 13) 8.9. Town of Rainy River Letter of July 15, 2010 regarding their Support of the 's Resolution being Against the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2010 (Bill 13) 8.10.Township of Enniskillen Letter of July 7, 2010 regarding their Support of the 's Resolution being Against the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2010 (Bill 13) 8.11.Municipality of Huron East Letter of July 9, 2010 regarding their Support of the 's Resolution being Against the Sustainable Water and Waste Water Systems Improvement and Maintenance Act, 2010 (Bill 13) 8.12.City of Belleville Letter of July 30, 2010 noting they Received the Township of Springwater's Request for Support (Bill 13) 8.13.Township of West Lincoln Letter of July 27, 2010 noting they Received the 's Request for Support (Bill 13) 8.14.Canadian Council of the Blind Letter of July 2010 regarding their Vital Programs 8.15.Association of Municipalities of Ontario Letter of July 20, 2010 regarding their Support of the Province's Commitment to Waste Diversion 8.16.Citizenship and Immigration Canada Letter Received on August 3, 2010 regarding Changes to the Multiculturalism Program
13 8.17.Canada Post Letter of August 3, 2010 regarding Rural Mail Safety Review 8.18.Drinking Water Source Protection Letter of July 13, 2010 regarding Threats Assessment and Landowner Notification 8.19.Land Use Council Memo of August 4, 2010 regarding Monitoring the Conservation Ontario Corporation 8.20.Third Annual Savour Simcoe Event being held on August 29, 2010 at the Simcoe County Museum 8.21.Town of New Tecumseth Letter of June 30, 2010 regarding a Petition in Opposition of the HST 8.22.County of Simcoe Letter of June 2010 regarding the 6th Annual Warden's Golf Tournament 8.23.Town of New Tecumseth Letter of July 21, 2010 regarding their Resolution about the WSI Act Pertaining to the Presumptive Legislation for Firefighters 8.24.Mike MacEachern, Mayor, Town of New Tecumseth Letter regarding the 3rd Annual Mayor's Charity Golf Tournament 8.25.Huronia West OPP Letter of July 9, 2010 regarding their 2010 Annual Business Plan 8.26.Finbar Desir, Secretary, Normal Farm Practices Protection Board (Ministry of Agriculture, Food and Rural Affairs) Letter of July 13, 2010 Thanking the for the Use of their Facilities and to Staff 8.27.Resolution for Correspondence and Information Items RESOLUTION C Moved by: Collins Seconded by: Cowan THAT Correspondence and Information Items 8.4 through to 8.26 be received as information. 9. NOTICES OF MOTION None noted
14 10. CLOSED SESSION RESOLUTION C Moved by: Cowan Seconded by: Collins THAT in accordance with Section 29 of the Municipal Act, 2001, the Corporation of the does hereby resolve to move into Closed Session at 8:34 p.m. for discussion pertaining to: A personal matter about an identifiable individual, including municipal or local board employees; A proposed or pending acquisition or disposition of land by the municipality or local board; Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; 11. RISE FROM CLOSED SESSION RESOLUTION C Moved by: Hope Seconded by: Anderson THAT the Council of the does now rise from Closed Session at 9:04 p.m Closed Session Minutes - July 12, 2010 RESOLUTION C Moved by: Anderson THAT the Closed Session minutes of the Council meeting held on July 12, 2010, be approved as presented Closed Session Special Council Minutes - July 26, 2010
15 RESOLUTION C Moved by: Caldwell Seconded by: Clement THAT the Closed Session Minutes of the Special Council meeting held on July 26, 2010, be approved as presented Tax Sale Extension Request (Proposed or pending acquisition or disposition of land) RESOLUTION C Moved by: Clement THAT the verbal report from the Director of Finance regarding the tax sale extension request, be received; and THAT the correspondence from the solicitor representing the tax sale extension, be received Claims Summary (Litigation or potential litigation) RESOLUTION C Moved by: Collins Seconded by: Cowan THAT the Claims Summary of July 2010, be received Compliance Audit Committee 2010 (Personal matter about an identifiable individual, including municipal or local board employees) RESOLUTION C Moved by: Cowan Seconded by: Collins
16 THAT the report of the Director of Corporate Services & Clerk titled 2010 Election Compliance Audit Committee (CAC) Appointments dated August 9, 2010, be received; and THAT the following community members be appointed to the Compliance Audit Committee : Michael Shoreman (Phelpston); Julie Gonsalves (Phelpston); Susan Gratto (Midhurst); Tami Kitay (Springwater) Ontario Heritage Community Recognition Program 2010 (Personal matter about an identifiable individual, including municipal or local board employees) RESOLUTION C Moved by: Hope Seconded by: Anderson THAT the report from the Deputy Clerk regarding Ontario Heritage Community Recognition Award 2010 be received; and THAT direction "In Camera" given to the Deputy Clerk be approved, and voted upon in accordance with section 239(6) (b) of the Municipal Act, 2001, as amended Sale of the Seadon Road Stub (A proposed or pending acquisition or disposition of land by the municipality of local board) RESOLUTION C Moved by: Anderson THAT the report from the Director of Corporate Services & Clerk regarding the Sale of the Seadon Road Stub - Road Allowance, be received; and THAT the Offer to Purchase and Sale for the Seadon Road (Stub) Road Allowance to Ontario Limited be accepted.
17 10.8.Fire Station 2 (Midhurst) - Land Purchase (A proposed or pending acquisition or disposition of land by the municipality or local board) RESOLUTION C Moved by: Caldwell Seconded by: Clement THAT the report from the Director of Springwater Fire and Emergency Services (SFES) regarding Station 2 (Midhurst) land purchase be received; and THAT direction "In Camera" given to the Director of Corporate Services & Clerk be approved, and voted upon in accordance with section 239(6) (b) of the Municipal Act, 2001, as amended. 12. BY-LAWS RESOLUTION C Moved by: Clement THAT the following By-laws be introduced, numbered and read a First, Second and Third time and finally passed follows: To Adopt an Amendment to the Official Plan for the Township of Springwater with respect to lands in Part of Lot 11, Concession 3, (Vespra), 2276 Russell Road, To authorize the Mayor and Clerk to sign a Subdivision Agreement for a Plan of Subdivision located in Part Lots 12 & 13, Concession 8, (Vespra) Township of Springwater, known municipally as 2054 Snow Valley Rd. and 2246 Snow Valley Rd., - SU Vespra Valley Subdivision Agreement, To authorize the Mayor and Clerk to sign a Development Agreement for property located at 3042 Old Second South, Part Lot 16, Concession 2 (Vespra) To amend By-law 5000, as amended, of the with respect to property located in Pt. Lots 12 & 13, Con. 8, (Vespra) Township of Springwater, known municipally as 2054 Snow Valley Rd. and 2246 Snow Valley Rd. ( ZB Vespra Valley Subdivision Lift Hold), To Remove a Holding Symbol on lands located in Part of Lot 68, Concession 1, former Township of Flos, now in the, Part
18 3 on 51R-16164, municipally known as 5734 Penetanguishene Rd. ZB Loewe Conversion Lift Hold, To amend By-law 5000, as amended, of the with respect to property located in East Part Lots 18 & 19, Concession 10 (Vespra) known as 3314 George Johnston Rd ZB Scott, To amend By-law 5000, as amended, of the with respect to property located in Part of Lot 11, Concession 3, Vespra, known municipally as 2276 Russell Road; ZB Rudy / Midhurst Natural Health Clinic; and THAT the By-laws listed herein be signed and sealed by the Mayor and Clerk By-law OPA 40 - Midhurst Natural Health Clinic (See also By-laws 12.8) By-law Vespra Valley Subdivision Agreement By-law Development Agreement for 3042 Old Second South By-law Zoning By-law Amendment for 2054 and 2246 Snow Valley Road By-law Zoning By-law Amendment for 5734 Penetanguishene Road By-law Zoning By-law Amendment for 3314 George Johnston Road By-law Zoning By-law Amendment for 2276 Russell Road (See also By-laws ) By-law Confirmatory RESOLUTION C Moved by: Collins Seconded by: Cowan THAT By-law to confirm and adopt the proceedings of Council at the Regular meeting held on August 9, 2010 be introduced, numbered and read a
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