CITY OF ORILLIA COUNCIL MINUTES

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1 CITY OF ORILLIA COUNCIL MINUTES MINUTES OF THE REGULAR MEETING OF COUNCIL, MONDAY, JUNE 30, 2008 AT 7:30 P.M. IN THE COUNCIL CHAMBER, ORILLIA CITY CENTRE Present: Mayor R. Stevens in the Chair Councillors: R. Cipolla D. Evans J. Fecht M. Fogarty W. Gardy T. Lauer M. McMillan P. Spears The meeting opened with the singing of O Canada and a moment of silence. Mayor Stevens asked that Council members remember the family of Township of Severn Councillor Shirley MacDougall who passed away this morning. Disclosure of Interest 1. Councillor Fecht - re Clause 1. of Report and By-law Number Nature of Interest - the applicant is Councillor Fecht's brother-in-law. Councillor Fecht declined to discuss the matter or to vote on its disposition. 2. Councillor Lauer - re By-law Number Nature of Interest - the property was listed with the Orillia and District Real Estate Board. Councillor Lauer declined to discuss the matter or to vote on its disposition. 3. Councillor Lauer - re By-law Number Minutes Nature of Interest - Councillor Lauer was the agent for the property at 409 Victoria Crescent. Councillor Lauer declined to discuss the matter or to vote on its disposition. Moved by Spears, seconded by Cipolla, that the Minutes of the previous meetings, having been prepared and copies distributed, were taken as printed. June 16, Public Meeting re Planning Matters June 16, Regular Council Moved by Fecht, seconded by Fogarty, that the Minutes of the previous meeting, having been prepared and copies distributed, were taken as printed and amended. June 24, Public Meeting re Swimming Pool Fence By-law Carried.

2 Correspondence 1. Manager of Transportation - re Speed Limits - Coldwater Road West. File: T08-GEN Moved by Fecht, seconded by Evans, that the memo dated June 16, 2008 from the Manager of Transportation regarding speed limits - Coldwater Road West, be received as informational. Carried. Reports 1. Report Number of the Council in Closed Session. (Motions) (See Page ) 2. Report Number of the Council in Closed Session. (Motion) (See Page ) 3. Report Number of the Council Committee. (Motion) (See Pages ) 4. Ad Hoc Alternative Strategies Committee - re Update. File: C12-AS (Motion) Moved by Evans, seconded by Spears, that Clause 1. of Report Number of the Council in Closed Session, now before Council, be adopted. Carried Moved by Fecht, seconded by Spears, that Clause 2. of Report Number of the Council in Closed Session, now before Council, be adopted. Carried Moved by Fecht, seconded by Spears, that Report Number of the Council in Closed Session, now before Council, be adopted. Carried Moved by Fogarty, seconded by Lauer, that Report Number of the Council Committee, now before Council, be adopted. Carried Moved by Lauer, seconded by Fogarty, that the report dated June 30, 2008 from the Ad Hoc Alternative Strategies Committee regarding a status update, be received as informational. Carried Moved by Gardy, seconded by McMillan, that the purchase of alcohol be removed from acceptance for purchasing during working hours or while performing City business. TABLED Moved by Cipolla, seconded by Evans, that an Ad Hoc Purchasing Practices Committee be formed to review City purchasing practices, specifically with respect to the purchase of alcohol; AND THAT the terms of reference for the Committee be established; AND THAT the following be appointed to the Committee: Councillor Cipolla Councillor Fogarty Councillor Evans Councillor Gardy AND THAT staff support be provided by the City Manager's Office. Carried. Consent Agenda 1. Association of Municipalities of Ontario: File: A01-AMO a) Alert - re Ontario Human Rights Code Changes.

3 b) Alert - re Call for Applications for MTO Ontario Transportation Demand Management (TDM) Municipal Grant Program c) AMO - re - Report of the Secretary -Treasurer on Nominations to the AMO Board of Directors. Copied to appropriate Departments and Agencies. 2. Ministry of Municipal Affairs and Housing - re News Release entitled, Ontario to Require Fire Sprinklers in New Condos and Apartments. File: A16-MMAH Copy to Fire Department. Copy to Planning and Development Department. 3. Ministry of Municipal Affairs and Housing - re News Release entitled, Province Sets 2009 Rent Increase Guideline. File: A16-MMAH 4. Ministry of the Attorney General - re 2008 launch of the Attorney General s Victim Services Awards of Distinction. File: M08-GEN Circulated in accordance with approved policy. 5. Ministry of Natural Resources - re protocol for major fish die offs. File: A16-MNR Copy to Environmental Advisory Committee. 6. Minister of Natural Resources - re Plant a Tree Challenge. File:A16-MNR Copy to Environmental Advisory Committee. 7. Minister of the Environment - re letter of thanks for support of the City of Kawartha Lakes resolution concerning Canada Geese. File: A16-MOE 8. Ministry of the Environment - re introduction of proposed Lake Simcoe Protection Act. File: A16-MOE Copy to Public Works Department. Copy to Environmental Advisory Committee. Copy to Planning and Development Department. 9. Minister of Transportation - re Provincial Infrastructure Funding. File: F11-IN Recommendation: Refer to Public Works Department in conjunction with the previous referral. 10. City of Toronto - re social inclusion and poverty reduction. File: A00-GEN

4 11. City of Woodstock - re Blackout Day Challenge, August 14, File: M02-GEN Lake Simcoe Region Conservation Authority - re Watershed Report Card File: A01-LAKE Copy to Environmental Advisory Committee. Document available for review in Clerk s Department. 13. Lake Simcoe Region Conservation Authority - re Nominations for LSRCA Conservation Awards. File: A01-LAKE Copy to Environmental Advisory Committee. 14. Royal Victoria Hospital - re News Release entitled, RVH Expansion Reaches Key Milestone. File: A00-GEN 15. Tim Horton's - re Camp Day, June 4, File: M04-GEN 16. Communities in Bloom - re Newsletter, June 13, File: M02-BLOM 17. Orillia Soldiers Memorial Hospital - re thank-you letter for support during 100 th Anniversary Celebration. File: T02-GEN 18. Russ Johnston - re Idling by-law. File: C Doug Herbert - re heritage designation of Royal Canadian Legion. File: R01-GEN Recommendation: Refer to Council Committee. Request report from Municipal Heritage Committee. 20. Keith Evans - re 119 Heyden Avenue - drainage problem. File: D03-GEN Copy to Public Works Department. (See Resolution Number ) 21. Downtown Orillia Management Board - re request for free parking in Municipal Parking Lots 1, 2, 6, 7 and 8 in conjunction with the Leacock Sidewalk Sale and the Classic Car Show events. File: C12-DMB Recommendation: Refer to Council Committee. Request report from the Legislative Services Division of the City Manager s Office.

5 Downtown Orillia Management Board - re resignation of Rick Brownbill from the Board. File: C Recommendation: That the following resolution be passed: "THAT the resignation of Rick Brownbill as a member of the Downtown Orillia Management Board is hereby accepted with regret, and the Clerk be instructed to thank Mr. Brownbill for his valuable contribution to the municipality while serving as a member of the Board." 23. Downtown Orillia Management Board - re appointment to the Facade Improvement Committee. File: C Recommendation: A by-law be passed to appoint Virginia Devlin to the Facade Improvement Committee to replace John McNall. 24. Downtown Orillia Management Board - re request for street closure regarding the Starry Night Tour, August 23, File: C12-DMB Recommendation: That the following resolution be passed: "THAT, pursuant to the request of the Downtown Orillia Management Board in a letter dated June 24, 2008, Peter Street South be closed to vehicular traffic between Mississaga Street and Colborne Street from 7:00 p.m. to 11:00 p.m. on Saturday, August 23, 2008 to allow the Board to hold the Starry Night Tour event; AND THAT a six metre right-of-way down the centre of the street be maintained at all times to comply with fire and safety regulations." 25. Downtown Orillia Management Board - re 10 th Annual Classic Car Show and 1 st Annual Motorcycle Show, August 15-16, File: C12-DMB Recommendation: That the following resolution be passed: THAT, pursuant to the request of the Downtown Orillia Management Board in a letter dated June 17, 2008: i) the following streets and parking lots be closed to vehicular traffic from 4:30 p.m. to 9:30 p.m. on Friday, August 15, 2008 and from 5:30 a.m. to 5:30 p.m. on Saturday, August 16, 2008 to allow the Board to hold the 10th Annual Classic Car Show and 1 st Annual Motorcycle Show" events: - Mississaga Street from Front Street to Albert Street - Matchedash Street from Colborne Street to Coldwater Street - Peter Street from Colborne Street to Coldwater Street - Andrew Street from Municipal Lot #6 to and including Municipal Lot #7 - Mississaga Street and Centennial Drive from Front Street to the boat launch parking lot (not inclusive) - Municipal Parking Lot #5 - Port of Orillia parking lot on the west side of the Port office - lawn at Centennial Park AND THAT all events must adhere to the following conditions: i) the cross streets, except Matchedash Street, Peter Street and Andrew

6 Street as noted above, will remain open, and ii) a six metre right-of-way down the centre of the street be maintained on all closed streets at all times to comply with fire and safety regulations, and the barriers be removed on Friday evenings and replaced on Saturday mornings, and the whole of intersections remain clear to allow for turning of emergency vehicles Moved by Gardy, seconded by McMillan, that Council adopt the recommendations as set out on the Consent Agenda for the Regular Meeting of Council on June 30, 2008, with the exception of the recommendation(s) with respect to Correspondence Item(s) 20. which shall be introduced separately. Carried Moved by Fecht, seconded by Spears, that the recommendation with respect to Correspondence Item 20. on the Consent Agenda for the regular meeting of Council on June 30, 2008, read as follows: Refer to Council Committee. Request report from the Public Works Department. Carried. By-laws Moved by Cipolla, seconded by Evans, that the following by-laws be now introduced and read a first, second and third time today: A By-law to provide for the levying of an annual tax payable upon a University, College, Public Hospital and a facility under the Developmental Services Act for the year A By-law to amend Chapter 493 of the City of Orillia Municipal Code - Remuneration - Expenses A By-law to authorize the execution of Contract R with K.J. Beamish Construction Co. Ltd. - Asphalt Resurfacing A By-law to authorize the execution of Contract RWS with Cascone Contracting - Brant Street East and Dunlop Street 2008 Road Works A By-law to authorize the execution of Contract PS with Western Mechanical - Couchiching Point Pumping Station Reconstruction A By-law to authorize the execution of a Contract with Datanet Imaging Systems Inc. - Electronic Records Management Software System A By-law to adopt Chapter 115 of the City of Orillia Municipal Code - Transit Advisory Committee Amendment Number 11 to Traffic and Parking Regulation By-law Number , as amended A By-law to authorize the execution of a Lease Agreement between the City of Orillia and Champlain Sailing Club A By-law to amend Chapter 953 of the City of Orillia Municipal Code - Smoking Regulation - Public Places and Workplaces A By-law to amend Chapter 453 of the City of Orillia Municipal Code - User Fees - Fire.

7 A By-law to repeal and replace Chapter 719 of the City of Orillia Municipal Code - Lottery A By-law for the purpose of appointing members to various Committees A By-law to authorize the execution of a Contract with icompass Technologies Inc. - Electronic Agenda Solution Moved by Spears, seconded by Fogarty, that By-law Number , a by-law to amend Chapter 999 of the City of Orillia Municipal Code - Idling Control, be now introduced and read a first, second and third time today. LOST Recorded Vote Yeas - Fogarty, McMillan, Spears Nays - Lauer, Gardy, Cipolla, Evans, Fecht, Stevens Moved by Spears, seconded by Evans, that By-law Number , a by-law for the purpose of appointing a member to the Orillia Power Corporation, be now introduced and read a first, second and third time today. Carried Moved by Evans, seconded by Cipolla, that the following by-laws be now introduced and read a first, second and third time today: A By-law to provide that Part of Block A on Registered Plan 1368, City of Orillia, County of Simcoe, being all of Pin (Lt), is not subject to Part Lot Control under the Planning Act Ontario Inc., Municipally known as 153 Cedar Island Road Amendment Number 78 To By-law Number , the Zoning By-law for the City of Orillia - Removal of H (Michael Bergman, 409 Victoria Crescent) Moved by Cipolla, seconded by Evans, that By-law Number , a by-law to confirm the proceedings of Council at its meeting held on June 30, 2008, be now introduced and read a first, second and third time today. Carried. Open Public Forum - Nil By-laws read a first, second and third time and passed. MEETING ADJOURNED - 8:42 P.M. MAYOR CLERK

8 CITY OF ORILLIA TO: The Mayor and Members of Council FROM: Council in Closed Session DATE: June 24, 2008 SUBJECT: Report Number (From meeting of June 23, 2008) Your Council is pleased to report and recommend as follows: 1. THAT as recommended in a report dated June 10, 2008 from the Orillia Power Corporation Interview Committee, the following be appointed a member of the Orillia Power Corporation Board of Directors for a term expiring April 30, 2011: Aubrey J. F. Ford 2. THAT as recommended in a report dated June 17, 2008 from the Economic Development Committee, the following be appointed a member of the Economic Development Committee for a term expiring November 30, 2009: Graydon D. Cragg J. Fecht, Chair.

9 CITY OF ORILLIA TO: The Mayor and Members of Council FROM: Council in Closed Session DATE: June 25, 2008 SUBJECT: Report Number (From meeting of June 25, 2008) Your Council is pleased to report and recommend as follows: 1. THAT, further to the report dated June 17, 2008 from the Economic Development Committee (EDC), the Administrative Assistant to the EDC be changed to a full-time position from a contract position, retroactive to April 1, 2008; AND THAT the Job Evaluation Committee be requested to determine the correct placement of the position on the Exempt Staff Salary Grid. J. Fecht, Chair.

10 CITY OF ORILLIA TO: The Mayor and Members of Council FROM: Council Committee DATE: June 24, 2008 SUBJECT: Report Number (From meeting of June 23, 2008) Your Committee is pleased to report and recommend as follows: 1. THAT as recommended in a report dated May 27, 2008 from the Transit Advisory Committee, free Dash service be provided for pedestrians crossing the Coldwater Road and West Street Highway 11 bridges from December 1 to March 31 each winter; AND THAT the proposed free Dash stop locations be at the regular bus stop immediately preceding the bridge; AND THAT transfers not be provided to passengers using the free Dash service. 2. THAT as recommended in a report dated May 27, 2008 from the Transit Advisory Committee, Orillia Transit switch its existing 2-bus Saturday service to a 4-bus service (same as weekday) within its normal Saturday terminal departure hours (8:45 a.m. to 5:45 p.m.) for a six month trial period for the months of July through December 2008; AND THAT the fare for this trial service be $1.00 for all riders paying with cash during the months of July and August 2008; AND THAT prior to ratification by Council on June 30, 2008, staff be granted approval to proceed with steps necessary to implement the trial service. 3. THAT as recommended in a report dated May 27, 2008 from the Transit Advisory Committee, Chapter 115 of the City of Orillia Municipal Code - Transit Advisory Committee, be adopted. 4. THAT, further to the report dated June 18, 2008 from the Director of Culture and Heritage, the Orillia & District Arts Council be awarded a grant of $10,000 for 2008 operating expenses; AND THAT the funds be appropriated from the operating contingency. 5. THAT as recommended in a report dated June 18, 2008 from the Director of Parks and Recreation and the Manager of Legislative Services, Council supports the initiative to prohibit smoking within ten metres of playground areas, beach areas and sport activity areas located in municipal parks; AND THAT Chapter 953 of the City of Orillia Municipal Code - Smoking - Regulation -

11 Public Places and Workplaces, be amended to incorporate this regulation; AND THAT staff work with the Simcoe Muskoka District Health Unit for enforcement assistance with the new section of Chapter 953; AND THAT a budget of $5,000 be approved from the operating contingency allowance to provide for signage and advertising in support of promotion and enforcement. 6. THAT as recommended in a report dated June 17, 2008 from the Director of Parks and Recreation and the Manager of Legislative Services, Traffic and Parking By-law , be amended to: 1. Permit non-motorized bicycles on the Millennium Trail and Lightfoot Trail except for tandem type bicycles; 2. Permit Personal Mobility Devices (Motorized Wheelchairs and Medical Scooters) on the Millennium Trail, Lightfoot Trail, sidewalks and footpaths; and 3. Prohibit all other vehicles on the Millennium Trail, Lightfoot Trail and sidewalks. AND THAT no action be taken in pursuing an agreement with Keane Way2Ride for a rental location in a park for their business. AND THAT power assisted, electric bicycles be a permitted use on City trails. 7. THAT as recommended in a report dated June 4, 2008 from the Manager of Legislative Services, the City enter into a three-year renewal lease agreement with the Champlain Sailing Club for municipally-owned land at Pumpkin Bay; AND THAT the term of the lease agreement be from September 1, 2008 until August 31, 2011; AND THAT the lease cost for the first year, September 1, 2008 to August 31, 2009 be $2, plus taxes; AND THAT the lease rate increase 3% in each year of the lease agreement. 8. THAT the report dated June 4, 2008 from the Public Works Department regarding Cedar Island Road and Davey Drive drainage, be received as informational. 9. THAT, further to the report dated June 16, 2008 from the Public Works Department, that ten Safe Roads...Your Call Program signs be installed near entrances to the City at a cost of approximately $35.68 per sign plus $70 installation; AND THAT the funds be appropriated from the Traffic Control Operating Budget THAT as recommended in a report dated June 16, 2008 from the Fire Chief,

12 Council authorize a donation of $100 to support the Ontario Advisory Board s operating costs; AND THAT the cost be charged to the Grants budget. 11. THAT as recommended in a report dated June 16, 2008 from the Fire Chief, Chapter 453 of the City of Orillia Municipal Code - User Fees - Fire, Schedule A, be repealed and replaced with the schedule of fees set out in the report. 12. THAT as recommended in a report dated June 16, 2008 from the Chief Lottery Licensing Officer, the license fee for bingo events in Orillia be set at $50 per event; AND THAT staff report further after the Orillia Geneva Bingo for Charity has been in operation for a year. 13. THAT the report dated June 17, 2008 from the Asset Management Project Administrator and Deputy City Treasurer, regarding the Public Sector Accounting Board (PSAB) Project update related to capital assets, be received as informational. 14. THAT as recommended in a report dated June 18, 2008 from the Deputy City Treasurer and the City Treasurer, the 2007 operating surplus of $196,090 be left in the Tax Rate Stabilization Reserve; AND THAT the costs related to the OMB appeal of the development at Orchard Point be charged directly to the Tax Rate Stabilization Reserve; AND THAT Council forward any new program with a negative operating cost impact to the 2009 budget process. 15. THAT as recommended in a report dated June 18, 2008 from the Director of Planning and Development regarding a review of the Planning Approvals process, the City Manager be requested to arrange for and moderate a meeting of Council, Planning Advisory Committee and staff; AND THAT the City Manager be requested to subsequently arrange for and moderate a meeting of Council and staff. 16. THAT the report dated June 18, 2008 from the Director of Planning and Development regarding the Court Case Decision on Charter Construction vs. the Ministry of Transportation Ontario with respect to the Stone Ridge Subdivision, be received as informational THAT as recommended in a report dated June 17, 2008 from the Public

13 Works Department, Sewer Technologies Inc. be awarded the contract for the inspections and rehabilitation of sanitary service laterals in the Bayview Parkway area of City for a cost of $70,000 plus G.S.T. 18. THAT as recommended in a report dated June 13, 2008 from the Public Works Department, Western Mechanical be awarded Contract PS-07-46, Couchiching Point Pumping Station Reconstruction, for the tendered sum of $683, plus G.S.T., with actual payment made for work done under contract unit prices; AND THAT the budget for this project be increased by a $345,000 allocation from the Water and Wastewater Reserve; AND THAT Western Mechanical be exempt from Chapter Noise, of the City of Orillia Municipal Code with respect to bypass pumping, dewatering and nighttime connections at the Couchiching Point Pumping Station for the duration of the contract. 19. THAT as recommended in a report dated June 16, 2008 from the Public Works Department, K.J. Beamish Construction Co. Ltd. be awarded Contract R-08-33, Asphalt Resurfacing 2008, for the tendered sum of $940, plus G.S.T., with actual payment made for work done under contract unit prices; AND THAT Cascone Contracting be awarded Contract RWS-08-32, Brant Street East and Dunlop Street 2008 Road Works, for the tendered sum of $632,610 plus G.S.T., with actual payment made for work done under contract unit prices; AND THAT Cascone Contracting be exempt from Chapter Noise, of the City of Orillia Municipal Code with respect to watermain work and with respect to dewatering on Brant Street East and Dunlop Street during the duration of the contract; AND THAT road closures be permitted on Dunlop Street from Victoria Street to Colborne Street when watermain or sewer work is being done. 20. THAT as recommended in a report dated June 18, 2008 from the Public Works Department, the temporary school crossing guard not remain at the intersection of Regent Street and Oxford Street past the completion of Regent Park Public School construction. 21. THAT as recommended in a report dated June 18, 2008 from the City Clerk, Datanet Imaging Systems Inc. be awarded the contract to provide an electronic records management software system for the City's corporate records management program at a cost of $133,415.39, plus taxes, and an annual maintenance fee of $14,846.00; AND THAT the purchase be financed through internal City leasing

14 22. THAT as recommended in a report dated June 18, 2008 from the City Clerk, icompass Technologies Inc. be awarded the contract to provide an electronic agenda solution for the City of Orillia at a cost of $8,500 plus G.S.T., and an annual maintenance fee of $8,500; AND THAT the purchase be financed through internal City leasing. 23. THAT as recommended in a report dated June 17, 2008 from the City Manager, the City Manager be delegated authority to extend the closing of the Lions Oval transactions for a few days beyond June 25, in the event that any last-minute complications are encountered; AND THAT the City Manager be authorized to exercise this authority, if necessary, prior to ratification by Council at its June 30 meeting. 24. THAT as recommended in a report dated June 12, 2008 from the City Manager, the mileage reimbursement rate in Chapter 493 be increased to 45 cents per kilometre effective June 30, M. Fogarty, Chair.

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