The Corporation of the Town of Bradford West Gwillimbury Regular Council October 7, 2014 Zima Room, Library and Cultural Centre 425 Holland Street West, Bradford, ON Minutes Members Present: Mayor Doug White Councillor Gary Lamb Councillor Raj Sandhu Councillor Del Crake Councillor Carl Hordyk Deputy Mayor Rob Keffer Councillor James Leduc Councillor Jodi Simpson Councillor Peter Dykie Staff Present: Jay Currier -Town Manager Rebecca Murphy - Director of Legal Services/Clerk Geoff McKnight - Director of Planning & Development Services Michael Disano - Manager of Economic Development Ian Goodfellow - Director of Finance/Treasurer Frank Jonkman Drainage Superintendent Jack Tosta Chief Building Official Tami Kitay Senior Planner Brent Lee Acting Manager of Enforcement Caleigh Clubine Communications Officer Karen Gill Executive Assistant Tara Reynolds - Deputy Clerk Call to Order The Presiding Officer called the meeting to order at 6:02 p.m. Adoption of Closed Session Agenda Resolution 2014-325 Sandhu/Crake That the Closed Session Agenda dated October 7, 2014 be adopted as printed. Page 1 of 12
Declarations of Pecuniary Interest and the General Nature - Closed Session Items There were no declarations of pecuniary interest made. Closed Session Convene Closed Session Resolution 2014-326 Hordyk/Leduc That Council resolve itself into closed session under the provisions of the Municipal Act, 2001, Section 239 (2) (c) and (e) in order to discuss: a proposed or pending acquisition or disposition of land by the municipality or local board; and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Reconvene Regular Meeting The Presiding Officer reconvened the Regular Meeting at 7:00 p.m. and led those present in a moment of contemplation. Motions Arising out of Closed Session Resolution 2014-327 Sandhu/Lamb That the Town Solicitor proceed as directed for the Town s position in the Simcoe County Official Plan Appeal Hearing. Adoption of Agenda Resolution 2014-328 Hordyk/Simpson That the Council Agenda dated October 7, 2014 be adopted as printed. Declarations of Pecuniary Interest and the General Nature Councillor Lamb declared a pecuniary interest with respect to Item 13.10, Report of Planning and Development Services, Request for Subdivision Agreement and Removal of Hold, Tiberian Investments. Councillor Lamb also declared a pecuniary interest on Items 18.15, By-law 2014-88, the by-law to execute a Subdivision Agreement with Tiberian Investments and Item 18.16, By-law 2014-89, the by-law to remove the Holding Symbol. Page 2 of 12
Presentations Advisory Committee Recognition Presentation Mayor White thanked all members of the Advisory Committees for their work and dedication during the last term and presented them with a certificate and gift. Public Meeting - Horlings Drainage Scheme Introduction: Purpose of Meeting The public meeting was held to present the Horlings Drainage Report and to provide the public with an opportunity, as part of the report consideration stage, to comment on the proposed drainage works contained therein. Report Frank Jonkman, Drainage Superintendent and Ken Smart from K. Smart Associates Ltd were in attendance to respond to any questions or comments on the Horlings Drain Report. Members of the public were invited to address Council and provide any comments. There were no comments from any member of the public. Council did not make a decision on the matter, but received the staff report for information and will provisionally adopt the Horlings Drainage By-law with a first and second reading. The report will proceed to the appeals stage and a Notice of a Court of Revision will be sent out within 30 days of this meeting. After all appeals have been heard and considered, the Horlings Drainage By-law will return to Council for its third and final reading and be enacted, at which time construction of the drain will begin, subject to Section 58(1) and 58(2) of the Drainage Act. Resolution 2014-329 Keffer/Sandhu That the Horlings Drainage Scheme report, as prepared by K. Smart Associates Ltd. and dated August 29, 2014 be received. Deputation There were no deputations. Open Forum There were no participants for Open Forum. Page 3 of 12
Adoption of Minutes and Committee of the Whole Recommendations Committee of the Whole Recommendations Resolution 2014-330 Lamb/Leduc That Committee recommendations COW-2014-81 to COW-2014-83 and the minutes of the Committee of the Whole meeting dated September 16, 2014 be adopted as printed. Adoption of Council Minutes Resolution 2014-331 Simpson/Crake That the minutes of the Regular Council meeting dated September 16, 2014 be adopted as printed. Correspondence Correspondence for Information Resolution 2014-332 Lamb/Sandhu That the Correspondence for Information items dated October 7, 2014 be received. Correspondence for Action - Amendments to the Noise By-law Resolution 2014-333 Dykie/Crake That staff be directed to prepare a report on the feasibility and implications of an amendment to the Noise By-law. Correspondence for Action - Double-Hatter Fire Fighter Issue Resolution 2014-334 Leduc/Crake 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"); Page 4 of 12
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 Town of Bradford West Gwillimbury 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. Staff Reports Report of Finance Department Funding of SEAR, SWAR and 400/5th Line Interchange Land Acquisition Costs Resolution 2014-335 Dykie/Hordyk That the report of the Director of Finance regarding funding the land acquisition costs related to the SEAR, SWAR and 400/5th Line Interchange capital projects be received for information purposes. Report of Economic Development Downtown Bradford CIP Evaluation Committee Update Resolution 2014-336 Sandhu/Lamb That report number OED 2014 09 be received for information. Page 5 of 12
Report of Economic Development Industrial Areas Community Improvement Plan applications, D18-IACIP-2014-01 (150 Artesian Industrial Parkway), D18-IACIP-2014-02 (160 Artesian Industrial Parkway), D18- IACIP-2014-03 (170 Artesian Industrial Parkway). Resolution 2014-337 Leduc/Lamb That Council approve Matcorp Developments Inc. s Industrial Areas Community Improvement Plan application D18-IACIP-2014-01, 150 Artesian Industrial Parkway in the amount of $12,789.37 as follows: $12,287.52 for Program 1 Development Charge (DC) Grant Program, as well as $501.85 for Program 3 Development Fees and Building Permit Program, and; That Council approve Matcorp Developments Inc. s Industrial Areas Community Improvement Plan application D18-IACIP-2014-02, 160 Artesian Industrial Parkway in the amount of $12,789.37 as follows: $12,287.52 for Program 1 Development Charge (DC) Grant Program, as well as $501.85 for Program 3 Development Fees and Building Permit Program, and; That Council approve Joe Matys Industrial Areas Community Improvement Plan application D18-IACIP-2014-03, 170 Artesian Industrial Parkway in the amount of $11,071.80 as follows: $10,570.80 for Program 1 Development Charge (DC) Grant Program, as well as $501.00 for Program 3 Development Fees and Building Permit Program, and; That Council authorize the Mayor and Clerk to enter into the appropriate grant agreements outlining the terms and conditions of grant approvals and receipt of grants. Planning Applications Status Report Resolution 2014-338 Crake/Simpson That Report PDS 2014 45 entitled "Planning Applications Status Report" dated October 7, 2014 be received. Recommendation Report Application for Zoning By-law Amendment Owners/Applicant: Nelson Barroso 62 John Street West PDS File No.: Z-14-09 Resolution 2014-339 Dykie/Lamb That Report No. PDS 2014 46 entitled "Recommendation Report for Application for Zoning By-law Amendment Nelson Barroso" dated October 7, 2014 be received; Page 6 of 12
That Zoning By-law Amendment Application Z-14-09 for lands located at 62 John Street West be approved; and That Council grant an additional four (4) units of water and sewer allocation to the proposal in accordance with the Servicing Allocation Policy. Mandatory Maintenance Inspections of On-Site Sewage Systems regulated by the Ontario Building Code Resolution 2014-340 Hordyk/Keffer That the report of the Chief Building Official dated October 7, 2014, entitled Mandatory Maintenance Inspections of On-Site Sewage Systems regulated by the Ontario Building Code, be received for information. Request for Model Home Agreement & Hold Removal Solmar Development Corp. - Phase 2 Part Lot 14, Concession 7 South-East Corner of Professor Day Drive & Line 8 Files: S-14-16 & Z-14-13 Resolution 2014-341 Crake/Leduc That Report PDS 2014 48 entitled Request for Model Home Agreement & Hold Removal Solmar Development Corp. - Phase 2, be received; That the Mayor and Clerk be authorized to execute the model home agreement; and, That Council enable the removal of the Holding (H) symbol from Block 2, Draft Approved Plan of Subdivision S-13-05. Request for Model Home Agreement Westin Homes Ltd. 189 Brookview Drive File: S-14-15 Resolution 2014-342 Sandhu/Hordyk That Report PDS 2014 49 entitled Request for Model Home Agreement Westin Homes Ltd.", be received; and that the Mayor and Clerk be authorized to execute the model home agreement. Page 7 of 12
Request for Subdivision Agreement and Removal of Hold National Homes (Bradford) Inc. Part of Lot 13, Concession 7, Town of Bradford West Gwillimbury File: S-06-05 Resolution 2014-343 Lamb/Dykie That Report PDS 2014 50 entitled Request for Subdivision Agreement and Removal of Hold National Homes (Bradford) Inc. be received; That the Mayor and Clerk be authorized to execute the subdivision agreement once finalized; and, That Council enable the removal of the Holding (H) symbol for 103 lots on Plan of Subdivision S-06-05, once the subdivision agreement has been executed. Request for Subdivision Agreement and Removal of Hold Tiberian Investments Ltd. Part of Lot 13, Concession 6, Town of Bradford West Gwillimbury Files: S-10-06 & Z-14-12 Councillor Lamb declared a pecuniary interest with respect to this item and left the Council Chambers. Resolution 2014-344 Sandhu/Keffer That Report PDS 2014 51 entitled Request for Subdivision Agreement and Removal of Hold Tiberian Investments Ltd. be received; That the Mayor and Clerk be authorized to execute the subdivision agreement once finalized; and That Council enable the removal of the Holding (H) symbol for 87 lots on Plan of Subdivision S-10-06, once the subdivision agreement has been executed. Councillor Lamb returned to the Council Chambers. Report of Legislative Services Appointment to Police Services Board Resolution 2014-345 Simpson/Hordyk That Council direct staff to advertise for residents of Bradford West Gwillimbury who are interested in serving on the Innisfil/Bradford West Gwillimbury Police Services Board for a four year term concurrent with the next term of Council; and Page 8 of 12
That interested residents be presented to the new Council early in the term to decide on an appointment. Report of Legislative Services 59 Gwillimbury Drive Noise Exemption Resolution 2014-346 Hordyk/Sandhu That Report LEG 2014 26, dated October 7, 2014 entitled "59 Gwillimbury Drive Noise Exemption" be received for information and; That the request for an exemption under the Noise Control By-law #2008-083, as amended, for the amplification of sound and music and noise caused by conversation/talking between 6:00 p.m. on October 10, 2014 and 2:00 a.m. on October 11, 2014, for the private event be approved. Request for Staff Report Councillor Hordyk requested a staff report investigating the possibility of using Hydro One corridors to allow passive recreational use and playground structures. Councillor Leduc requested a staff report on the safety and parking issues at all schools. Committee of the Whole There was no Committee of the Whole meeting. Committee Minutes and Recommendations Accessibility Advisory Committee Minutes - September 15, 2014 Resolution 2014-347 Hordyk/Simpson That the minutes of the Accessibility Advisory Committee Minutes dated September 15, 2014 be received. Santa Claus Parade Committee Minutes - September 23, 2014 Resolution 2014-348 Sandhu/Dykie That the minutes of the Santa Claus Parade Committee date September 23, 2014 be received. Page 9 of 12
Resolution 2014-349 Crake/Leduc That Council dissolve the Santa Claus Parade Committee following the 2010-2014 term; And that the Santa Claus Parade become a formal Town event under the Leisure Services Department. New Business There was no new business. By-laws By-law 2014-92 - A By-law to provide for drainage works - Horlings Drain Resolution 2014-350 Dykie/Lamb That By-law 2014-92 be read a first and second time and provisionally adopted. By-law 2014-62 - A by-law to provide for drainage works - Wanda Drain By-law 2014-63 - A by-law to provide for drainage works - Scotch Drain Resolution 2014-351 Lamb/Leduc That By-laws 2014-62 and 2014-63 be read a third time and enacted this 7th day of October, 2014. By-law 2014-70 - A by-law to license, regulate and govern businesses within the Town of Bradford West Gwillimbury. By-law 2014-71 - A by-law to create the Bradford West Gwillimbury Appeal Tribunal and to establish its Rules of Procedure By-law 2014-72 - A by-law to amend Animal Control By-law 2006-27 By-law 2014-80 - A by-law to authorize the execution of a Subdivision Agreement with FNB Developments Inc. respecting the development of Phase 3 of approved Draft Plan of Subdivision S-05-01. By-law 2014-81 - A by-law to remove the Holding (H1) symbol from the Residential One Exception Holding "R1-2*1(H1)" and Residential Two Exception Holding "R2-2*1(H1)" Zones - FNB Developments. By-law 2014-82 - A by-law to amend Zoning By-law 2010-050 to rezone those lands municipally known as 62 John Street. Page 10 of 12
By-law 2014-83 - A by-law to to authorize the execution of a Model Home Agreement with Solmar Homes Inc. of approved Draft Plan of Subdivision S-13-05. By-law 2014-84 - A by-law to remove the Holding (H1) symbol from the Residential Three Exception Holding "R3*1(H1)" Zone - Solmar Homes By-law 2014-85 - A by-law to authorize the execution of a Model Home Agreement with Westin Homes Ltd. respecting the construction of one (1) model home on Lot 173 of Plan 51M-1017. By-law 2014-86 - A by-law to authorize the execution of a Subdivision Agreement with National Homes (Bradford) Inc., Goldenlane Estates Inc., for the development of portions of approved Draft Plans of Subdivision 5-06-05 and 5-08-04. By-law 2014-87 - A by-law to to remove the Holding (H1) symbol from the Residential One Exception Holding "R1-3*1 (H1)" Zone - National Homes By-law 2014-88 - A by-law to authorize the execution of a Subdivision Agreement with Tiberian Investments limited respecting the development of Phase 1 of approved Draft Plan of Subdivision 5-10-06 (formerly 5-03-02) By-law 2014-89 - A by-law to to remove the Holding (H1) symbol from the Residential One Exception Holding "R1-2*7(H1)", "R1-2*8(H1)", and Residential One Holding "R1-3(H1)" Zones - Tiberian Investments By-law 2014-90 - A by-law to to licence charitable or religious organizations to conduct and manage lottery schemes for charitable or religious purposes. By-law 2014-91 - A by-law to regulate traffic and govern and control the parking of vehicles in the Town of Bradford West Gwillimbury. Resolution 2014-352 Lamb/Sandhu That By-laws 2014-70, 2014-71, 2014-72, 2014-80, 2014-81, 2014-82, 2014-83, 2014-84, 2014-85, 2014-86, 2014-87, 2014-90 and 2014-91 be enacted, save and except 2014-88 and 2014-89. Councillor Lamb declared a pecuniary interest and did not participate in the vote. Resolution 2014-353 Crake/Sandhu That By-laws 2014-88 and 2014-89 be enacted. Announcements Mayor White announced that this was the last meeting of Council for the 2010-2014 term and that it has been a pleasure working with all members. Mayor White congratulated Councillor Del Crake on his retirement after serving on four terms of Council and thanked him on his service to the community. Mayor White also thanked Councillor Jodi Simpson for accepting the appointment to her late father Ron Simpson's Council seat and thanked Page 11 of 12
the Simpson family for their dedication throughout Councillor Simpson's long standing service on Council. Motions/Notices of Motion There were no motions or notices of motion. Confirm Proceedings Confirm Proceedings Resolution 2014-354 Leduc/Lamb That By-law 2014-93 A By-law to Confirm Proceedings of the Council Meeting dated October 7, 2014 be enacted. Adjourn Resolution 2014-355 Crake/Simpson That the meeting is hereby adjourned at 8:40 p.m. Rebecca Murphy, Clerk Rob Keffer, Mayor Page 12 of 12