CITY OF ORILLIA COUNCIL COMMITTEE MINUTES MINUTES OF THE MEETING OF THE COUNCIL COMMITTEE, MONDAY, AUGUST 15, 2011 AT 2:04 P.M. FOLLOWING THE COUNCIL COMMITTEE IN CLOSED SESSION MEETING, COUNCIL CHAMBER, ORILLIA CITY CENTRE Present: Also Present: Councillor T. Madden in the Chair Mayor A. Orsi Councillors: P. Bowen M. Fogarty A. Hill D. Jenkins P. Kehoe L. Murray P. Spears Bob Ripley, Deputy CAO/CFO Lori Bolton, Director of Human Resources Peter Dance, Director of Public Works Ralph Dominelli, Fire Chief Ray Merkley, Director of Parks and Recreation Craig Metcalf, Director of Culture and Heritage Ian Sugden, Director of Planning and Development Michael Martyn, Manager of Cultural Development and Community Programs Dan Landry, Manager of Economic Development Tim Uren, Manager of Roads and Fleet Randy Armstrong, Mechanic Sub-Foreman Gayle Jackson, City Clerk Janet Nyhof, Deputy Clerk Approval of Agenda Moved by Fogarty, seconded by Spears, that the agenda for the Council Committee meeting held on August 15, 2011, be approved, as distributed.
Disclosure of Interest 1. Councillor Jenkins - re Council Referral Item No. 4 - The Villages of Leacock Point. Nature of Interest - Councillor Jenkins is an owner and resident of The Villages of Leacock Point. Councillor Jenkins left the room during discussion and voting on this matter. 2. Mayor Orsi - re Departmental Item No. 3 - West Orillia Employment Lands Earthworks. Minutes Nature of Interest - Mayor Orsi owns property in West Orillia. Mayor Orsi left the room during discussion and voting on this matter. Moved by Bowen, seconded by Fogarty, that the minutes of the following meetings be adopted, having been printed and distributed, as amended: - July 12, 2011 Special Council Committee re Affordable Housing Action Plan and Parking Study - July 18, 2011 Public Council Committee in Closed Session (amended wording of Mayor's conflict) - July 18, 2011 Council Committee (amended wording of Mayor's conflict) - July 21, 2011 Special Council Committee Board Reports 1. Municipal Heritage Committee - re Designation of French's Stand. File: C01-2011- Moved by Bowen, seconded by Jenkins: dated August 9, 2011 from the Municipal Heritage Committee, the building known as French's Stand be approved by Council for designation under Section 29 of the Ontario Heritage Act; AND THAT staff be directed to proceed with the Notification of Intent to Designate;
AND THAT staff proceed with the definition of the building as it exists within the existing documentation. 2. Municipal Heritage Committee - re Ossawippi Rail Cars. File: C12-MHC Moved by Bowen, seconded by Kehoe: dated August 9, 2011 from the Municipal Heritage Committee, the September 26, 2011 report deadline for the Municipal Heritage Committee be extended to October 17, 2011 to allow the Committee to better investigate alternatives for the de-acquisition of the Ossawippi Rail Cars. Council Referrals 1. City Clerk - re Ride for Sight Event, June 17-18, 2011. File: M02-GEN a) Report - Director of Culture and Heritage. A verbal motion moved by Councillor Murray and seconded by Mayor Orsi to Table the following motion, was Lost. Moved by Bowen, seconded by Kehoe: dated August 6, 2011 from the Director of Culture and Heritage, the 2011 Ride for Sight Event summary be received as informational; AND THAT Ride for Sight be given approval to hold its annual fundraising event in Tudhope Park for the years 2012, 2013, and 2014, with a further option of both 2015 and 2016; AND THAT prior to the approval of the exceptional uses as outlined in this report be granted to Ride for Sight for each annual event during the contract period, Council receive reports from the Alcohol and Gaming Commission of Ontario and the Parks and Recreation Department.
2. City Clerk - re supply and maintenance of public area receptacles, Contract PW- SWD-11-3. File: L04- a) Report - Public Works Department. Moved by Murray, seconded by Hill: THAT this Committee recommends to Council that the report dated August 8, 2011 from the Public Works Department regarding the supply and maintenance of public area receptacles, be received as informational; AND THAT as recommended in a report dated July 11, 2011 from the Public Works Department, the City enter into a five-year agreement with The Bench Press Ltd. o/a Creative Outdoor Advertising for the provision of public area recycling/waste receptacles displaying advertising. 3. City Clerk - re school crossing guard at the intersection of Borland Street and Peter Street. File: T08-GEN a) Report - Public Works Department. Moved by Spears, seconded by Jenkins: THAT this Committee recommends to Council that, further to the report dated July 26, 2011 from the Public Works Department, a temporary school crossing guard be implemented at the intersection of Borland Street and Peter Street for the duration of the Monsignor Lee Catholic School reconstruction. 4. John Degraaf, The Villages of Leacock Point - re Sanitary Sewer Pumping Station Agreement. File: L04-S-191 a) Report - Public Works Department. Moved by Bowen, seconded by Kehoe: THAT this Committee recommends to Council that, further to the report dated July 28, 2011 from the Public Works Department regarding a request from the Villages of Leacock Point related to sewage from the Leacock Museum that enters the Leacock Pumping Station, the City shall make a fixed contribution of $400 per year initially; AND THAT an annual adjustment be made based on CPI Ontario - All Items.
5. Orillia District Snowmobile Club - re request for an extension of the current agreement. File: L15-SNOW a) Report - Clerk's Department. Moved by Orsi, seconded by Fogarty: dated August 8, 2011 from the Clerk's Department, the City enter into a Trail Use Agreement with the Orillia District Snowmobile Club (ODSC) for a ten year period commencing November 1, 2011 to October 31, 2021 subject to the following: - ODSC pays the City an annual non-refundable administration fee of $400, plus H.S.T. - ODSC is responsible for any snowmobile related damage on municipal property in connection with the trail system, excluding wear of the road surfaces and curbs. A $600 deposit against such damage shall be provided to the City at the commencement of the agreement. If the damage is more than the deposit submitted, the ODSC will be responsible for any additional expense. Should a deposit be used at any time throughout the agreement, the Club will be responsible for providing a further $600 deposit. Any unused balance will be refunded at the end of the ten-year term; AND THAT as per Chapter 250 of the City of Orillia Municipal Code - Delegated Authority - Real Estate Related Activities, the City Manager be authorized to execute the Trail Use Agreement. 6. Orillia Police Services Board - re Graffiti Eradication By-law. File: C12-PSB a) Report - Clerk's Department. Moved by Bowen, seconded by Kehoe: THAT this Committee recommends to Council that, further to the report dated August 9, 2011 from the Clerk's Department regarding a proposed Anti-Graffiti By-law, Council adopt Chapter 835 of the City of Orillia Municipal Code - Graffiti Regulation, as attached to the report, subject to the following modifications to the by-law: Section 835.5.7 - striking the words "do the things" in the second line and replacing with the words "undertake the action", and Section 835.5.7 - striking the words "to be done" in the third line;
AND THAT staff be directed to make application to the Regional Senior Justice for the Province of Ontario requesting that set fines under the Chapter be established at $500. 7. City Clerk - re cash-in-lieu of parking arrangement for the Library/Market Square Project. File: F20-PRK a) Report - Deputy CAO/CFO. Moved by Bowen, seconded by Kehoe: THAT this Committee recommends to Council that, further to the report dated August 8, 2011 from the Deputy CAO/CFO regarding the Library/Market Square Parking Cash-in-Lieu, the City transfer $900,000 (50 x $18,000 cost of developing a new parking space) from the Major Capital Facilities Reserve Fund to the Parking Reserve Fund; AND THAT the $900,000 cost be added to the Library/Market Square Project budget. 8. Signature Carleton Inc. - re Sophie's Landing - re 4.0m overland drainage swale easement. File: L07-GEN a) Report - Director of Planning and Development and Director of Public Works. Moved by Bowen, seconded by Kehoe: dated August 8, 2011 from the Director of Planning and Development and the Director of Public Works, the request by Sophie's Landing Orillia Inc. to encroach into the 4 metre (13 foot) wide municipal storm drainage easement located on Lots 15, 16, 17, 19 and 21 for the purposes of constructing elevated decks approximately 3.4 metres (11 feet) in height, be denied.
Departmental 1. Fire Chief - re Disposal of 1996 Aerial Apparatus. File: V01-GEN Moved by Spears, seconded by Jenkins: dated August 7, 2011 from the Fire Chief, Council approve the sale of the 1996 Aerial Apparatus to Brindlee Mountain Fire Apparatus for a price of $116,375.80 plus H.S.T. 2. Manager of Economic Development and Director of Planning and Development - re Waterfront and Downtown Revitalization Plan. File: D23-WDRP Moved by Orsi, seconded by Fogarty: THAT this Committee recommends to Council that the report dated August 15, 2011 from the Manager of Economic Development and Director of Planning and Development regarding the Waterfront and Downtown Revitalization Plan, be received as informational. 3. Public Works Department - re West Orillia Employment Lands Earthworks and Old Barrie Road Culvert Installation and Ditch Regrading, Contract R-10-38. File: L04- Moved by Spears, seconded by Jenkins: dated August 8, 2011 from the Public Works Department, 1288808 Ontario Ltd., operating as B&J contracting, be awarded Contract R-10-38, West Orillia Employment Lands Earthworks and Old Barrie Road Culvert Installation and Ditch Regrading, for the tendered sum of $842,403 plus H.S.T., with actual payment made for work done under contract unit prices; AND THAT C.C. Tatham & Associates be authorized to proceed with construction inspection and administration services for the project. 4. Public Works Department - re Plow Truck. File: V01-GEN Moved by Hill, seconded by Jenkins: dated August 8, 2011 from the Public Works Department, a tender be issued for the replacement of plow truck #5160;
AND THAT a budget of $160,000 be established with funds from the Equipment Reserve. 5. Public Works Department - re Surplus Land - Sandra Drive Booster Station. File: L07- GEN Moved by Jenkins, seconded by Spears: dated August 8, 2011 from the Public Works Department, the properties known as 0 Sandra Drive and 67 Woodside Drive be sold as per Option 4 of this report (two adjusted parcels); AND THAT the City's easements that affect portions of 431 Homewood Drive and 72 Woodside Drive be released in their entirety; AND THAT the cost related to the speculative service connections to 67 Woodside Drive be deemed to have been paid; AND THAT the 0.3m reserve on the 67 Woodside Drive frontage be lifted. 6. Public Works Department - re Wastewater Treatment Centre Process Optimization and Tertiary Treatment for Nutrient Removal. File: E03-GEN Moved by Fogarty, seconded by Bowen: dated August 8, 2011 from the Public Works Department, R.V Anderson Associates Limited, in association with XCG Consultants Ltd., be retained to provide engineering services for the design and construction of the Wastewater Treatment Centre Process Optimization and Tertiary Treatment for Nutrient Removal, for a proposed cost of $509,498 plus H.S.T.; AND THAT the budget for the Wastewater Treatment Centre Process Optimization and Tertiary Treatment for Nutrient Removal project be increased by an allocation of $105,000 ($66,000 from the Water and Wastewater Reserve and $39,000 from the Development Charges Reserve). Meeting recessed - 4:26 p.m. Meeting re-assembled - 4:31 p.m.
7. Clerk's Department - re Policy 1.11.4.1. - Door to Door Campaign Register. File: A09- GEN Moved by Bowen, seconded by Fogarty: dated July 15, 2011 from the Clerk's Department, Policy 1.11.4.1. - Door to Door Campaign Register, be repealed and removed from the Policy Manual. 8. Clerk's Department - re Code of Conduct - Council - Boards - Committees. File: C01-2011- A verbal motion was moved by Councillor Hill and seconded by Councillor Spears to Table the following motion: Moved by Murray, seconded by Jenkins: dated August 2, 2011 from the Clerk's Department, Council adopt a Code of Conduct as set out in Schedule "A" to the report. Tabled until September 12, 2011. A verbal motion was moved by Councillor Hill and seconded by Councillor Spears to Table the following motion: Moved by Murray, seconded by Jenkins: THAT this Committee recommends to Council that, further to the report dated August 2, 2011 from the Clerk's Department, Council appoint John Craig Consulting as the Integrity Commissioner with respect to the City's Code of Conduct. Tabled until September 12, 2011. 9. Clerk's Department - re Committee Procedure By-laws - Chapter 12 - Council Committee & Chapter 105 - Local Board - Procedure By-law. File: C01-2011- Moved by Spears, seconded by Jenkins: dated August 8, 2011 from the Clerk's Department, Chapter 105 of the City of Orillia Municipal Code - Local Board - Procedure be repealed and replaced as set out in Schedule "A" to the report; AND THAT Chapter 12 of the City of Orillia Municipal Code - Council Committee - Procedure be amended as set out in the report;
AND THAT City Policy Number 1.3.2.1. - Appointment Qualifications be repealed; AND THAT City Policy Number 1.3.2.2. - Length of Term for Various Boards and Commissions be repealed. 10. Deputy CAO/CFO - re Library Project Budget. File: C12-LTF Moved by Murray, seconded by Hill: THAT this Committee recommends to Council that, further to the report dated August 9, 2011 from the Deputy CAO/CFO, the Library Project Team be authorized to administer the Council approved library project budget as required within the overall $24,031,000 project, including construction contingencies; AND THAT staff contract with a quantity surveyor to review all (both past and future) change orders to determine the City s responsibilities for those change orders. Adjournment The Committee agreed to rise and report to Council in the form of Report Number 2011-33, a copy of which is attached to these minutes. Moved by Hill, seconded by Murray, that the meeting be adjourned. MEETING ADJOURNED - 5:08 P.M. T. Madden, Chair.
CITY OF ORILLIA TO: The Mayor and Members of Council FROM: Council Committee DATE: August 15, 2011 SUBJECT: Report Number 2011-33 (From meeting of August 15, 2011) Your Committee is pleased to report and recommend as follows: 1. THAT as recommended in a report dated August 9, 2011 from the Municipal Heritage Committee, the building known as French's Stand be approved by Council for designation under Section 29 of the Ontario Heritage Act; AND THAT staff be directed to proceed with the Notification of Intent to Designate; AND THAT staff proceed with the definition of the building as it exists within the existing documentation. 2. THAT as recommended in a report dated August 9, 2011 from the Municipal Heritage Committee, the September 26, 2011 report deadline for the Municipal Heritage Committee be extended to October 17, 2011 to allow the Committee to better investigate alternatives for the de-acquisition of the Ossawippi Rail Cars. 3. THAT as recommended in a report dated August 6, 2011 from the Director of Culture and Heritage, the 2011 Ride for Sight Event summary be received as informational; AND THAT Ride for Sight be given approval to hold its annual fundraising event in Tudhope Park for the years 2012, 2013, and 2014, with a further option of both 2015 and 2016; AND THAT prior to the approval of the exceptional uses as outlined in this report be granted to Ride for Sight for each annual event during the contract period, Council receive reports from the Alcohol and Gaming Commission of Ontario and the Parks and Recreation Department.
4. THAT the report dated August 8, 2011 from the Public Works Department regarding the supply and maintenance of public area receptacles, be received as informational; AND THAT as recommended in a report dated July 11, 2011 from the Public Works Department, the City enter into a five-year agreement with The Bench Press Ltd. o/a Creative Outdoor Advertising for the provision of public area recycling/waste receptacles displaying advertising. 5. THAT, further to the report dated July 26, 2011 from the Public Works Department, a temporary school crossing guard be implemented at the intersection of Borland Street and Peter Street for the duration of the Monsignor Lee Catholic School reconstruction. 6. THAT, further to the report dated July 28, 2011 from the Public Works Department regarding a request from the Villages of Leacock Point related to sewage from the Leacock Museum that enters the Leacock Pumping Station, the City shall make a fixed contribution of $400 per year initially; AND THAT an annual adjustment be made based on CPI Ontario - All Items. 7. THAT as recommended in a report dated August 8, 2011 from the Clerk's Department, the City enter into a Trail Use Agreement with the Orillia District Snowmobile Club (ODSC) for a ten year period commencing November 1, 2011 to October 31, 2021 subject to the following: - ODSC pays the City an annual non-refundable administration fee of $400, plus H.S.T. - ODSC is responsible for any snowmobile related damage on municipal property in connection with the trail system, excluding wear of the road surfaces and curbs. A $600 deposit against such damage shall be provided to the City at the commencement of the agreement. If the damage is more than the deposit submitted, the ODSC will be responsible for any additional expense. Should a deposit be used at any time throughout the agreement, the Club will be responsible for providing a further $600 deposit. Any unused balance will be refunded at the end of the ten-year term;
AND THAT as per Chapter 250 of the City of Orillia Municipal Code - Delegated Authority - Real Estate Related Activities, the City Manager be authorized to execute the Trail Use Agreement. 8. THAT, further to the report dated August 9, 2011 from the Clerk's Department regarding a proposed Anti-Graffiti By-law, Council adopt Chapter 835 of the City of Orillia Municipal Code - Graffiti Regulation, as attached to the report, subject to the following modifications to the by-law: Section 835.5.7 - striking the words "do the things" in the second line and replacing with the words "undertake the action", and Section 835.5.7 - striking the words "to be done" in the third line; AND THAT staff be directed to make application to the Regional Senior Justice for the Province of Ontario requesting that set fines under the Chapter be established at $500. 9. THAT, further to the report dated August 8, 2011 from the Deputy CAO/CFO regarding the Library/Market Square Parking Cash-in-Lieu, the City transfer $900,000 (50 x $18,000 cost of developing a new parking space) from the Major Capital Facilities Reserve Fund to the Parking Reserve Fund; AND THAT the $900,000 cost be added to the Library/Market Square Project budget. 10. THAT as recommended in a report dated August 8, 2011 from the Director of Planning and Development and the Director of Public Works, the request by Sophie's Landing Orillia Inc. to encroach into the 4 metre (13 foot) wide municipal storm drainage easement located on Lots 15, 16, 17, 19 and 21 for the purposes of constructing elevated decks approximately 3.4 metres (11 feet) in height, be denied. 11. THAT as recommended in a report dated August 7, 2011 from the Fire Chief, Council approve the sale of the 1996 Aerial Apparatus to Brindlee Mountain Fire Apparatus for a price of $116,375.80 plus H.S.T.
12. THAT the report dated August 15, 2011 from the Manager of Economic Development and Director of Planning and Development regarding the Waterfront and Downtown Revitalization Plan, be received as informational. 13. THAT as recommended in a report dated August 8, 2011 from the Public Works Department, 1288808 Ontario Ltd., operating as B&J contracting, be awarded Contract R-10-38, West Orillia Employment Lands Earthworks and Old Barrie Road Culvert Installation and Ditch Regrading, for the tendered sum of $842,403 plus H.S.T., with actual payment made for work done under contract unit prices; AND THAT C.C. Tatham & Associates be authorized to proceed with construction inspection and administration services for the project. 14. THAT as recommended in a report dated August 8, 2011 from the Public Works Department, a tender be issued for the replacement of plow truck #5160; AND THAT a budget of $160,000 be established with funds from the Equipment Reserve. 15. THAT as recommended in a report dated August 8, 2011 from the Public Works Department, the properties known as 0 Sandra Drive and 67 Woodside Drive be sold as per Option 4 of this report (two adjusted parcels); AND THAT the City's easements that affect portions of 431 Homewood Drive and 72 Woodside Drive be released in their entirety; AND THAT the cost related to the speculative service connections to 67 Woodside Drive be deemed to have been paid; AND THAT the 0.3m reserve on the 67 Woodside Drive frontage be lifted. 16. THAT as recommended in a report dated August 8, 2011 from the Public Works Department, R.V Anderson Associates Limited, in association with XCG Consultants Ltd., be retained to provide engineering services for the design and construction of the Wastewater Treatment Centre Process Optimization and Tertiary Treatment for Nutrient Removal, for a proposed cost of $509,498 plus H.S.T.;
AND THAT the budget for the Wastewater Treatment Centre Process Optimization and Tertiary Treatment for Nutrient Removal project be increased by an allocation of $105,000 ($66,000 from the Water and Wastewater Reserve and $39,000 from the Development Charges Reserve). 17. THAT as recommended in a report dated July 15, 2011 from the Clerk's Department, Policy 1.11.4.1. - Door to Door Campaign Register, be repealed and removed from the Policy Manual. 18. THAT as recommended in a report dated August 8, 2011 from the Clerk's Department, Chapter 105 of the City of Orillia Municipal Code - Local Board - Procedure be repealed and replaced as set out in Schedule "A" to the report; AND THAT Chapter 12 of the City of Orillia Municipal Code - Council Committee - Procedure be amended as set out in the report with the exception that the starting time for Council Committee be changed from 7:30 p.m. to 7:00 p.m.; AND THAT City Policy Number 1.3.2.1. - Appointment Qualifications be repealed; AND THAT City Policy Number 1.3.2.2. - Length of Term for Various Boards and Commissions be repealed. (See Resolution Number 2011-230C) 19. THAT, further to the report dated August 9, 2011 from the Deputy CAO/CFO, the Library Project Team be authorized to administer the Council approved library project budget as required within the overall $24,031,000 project, including construction contingencies; AND THAT staff contract with a quantity surveyor to review all (both past and future) change orders to determine the City s responsibilities for those change orders. T. Madden, Chair.