THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO Minutes of Council Meeting ADMINISTRATION CENTRE 6:30 p.m. Regular Meeting MONDAY JUNE 13, 2016 The meeting convened with Mayor Small Brett presiding ATTENDANCE COUNCIL Mayor Deputy Mayor Councillors M. Small Brett D. Little F. Pinto S. Keenan B. Meadows D. Rose S.W. Anderson STAFF B. Kane, Clerk J. Sherwood, Treasurer and Human Resources Dir. J. Tschekalin, Director of Planning J. Moss, Public Works Superintendent D. Fagan, Chief Building Official R. Snyder, Fire Chief A. Byl, Administrative Assistant I CALL TO ORDER Mayor Small Brett called the meeting to Order. II LORDS PRAYER, NON-DENOMINATIONAL PRAYER, OR PERSONAL MOMENT OF SILENCE Mayor Small Brett invited those who wished, to join her in the Lord s Prayer. III ACCEPTANCE OF AGENDA RESOLUTION 16-105 A motion was made by Councillor Anderson, seconded by Deputy Mayor Little: RESOLVED THAT the following item be added to the Council agenda under General/Unfinished Business Council move into In-Camera session to discuss labour relations or employee negotiations re: staff benefits. RESOLUTION 16-106 A motion was made by Councillor Meadows, seconded by Councillor Keenan: RESOLVED THAT the agenda as amended be adopted. IV DISCLOSURE OF INTEREST There were no declarations of direct or indirect conflicts of pecuniary interests. V ADOPTION OF MINUTES RESOLUTION 16-107 A motion was made by Councillor Keenan, seconded by Deputy Mayor Little:
2 RESOLVED THAT the minutes of Council dated May 9, 2016 and special meeting of Council May 25, 2016 be adopted as printed. VI PUBLIC FORUM William Garbutt, 998050 Mulmur-Tosorontio Townline addressed Planning Report # 2016-23. Raised concerns regarding Enderlein project being on both sides of the road will cause bottleneck traffic with two different school buses running up and down road. Mirta Andrenelli, 998100 Mulmur - Tosorontio Townline addressed Planning Report # 2016-23. Objected to the Enderlein proposal and suggested the development be placed in an industrial zone. Debbie Zach, 998025 Mulmur Tosorontio Townline addressed Planning Report # 2016-23. Objected to the Enderlein proposal. Raised concerns regarding unsafe driveway, no notice of proposal and issues with policing and security. Shawn Gauthier, 998045 Mulmur -Tosorontio Townline addressed Planning Report # 2016-23. Raised concerns regarding noise pollution and security. Karen Garbutt 998050 Mulmur Tosorontio Townline addressed Planning Report # 2016-23. Raised concerns that the type of proposal has been made public. Janet Budgell, 995129 Mono Adjala Townline addressed Planning Report # 2016-21. Announced concerned citizens of Adjala - Tosorontio have appealed the Gravel Pit application. Concerned regarding what is going to be said tonight and that whatever costs the township incurs will be billed back to the citizens group. VII DEPUTATIONS, PUBLIC HEARINGS (MEETINGS) AND PRESENTATIONS 1. Gayle Wood, CAO & Doug Lougheed, Chair Nottawasaga Valley Conservation Authority Re: Nottawasaga Valley Conservation Authority Update Ms. Wood and Mr. Lougheed on behalf of the Nottawasaga Valley Conservation Authority made a deputation to Council providing an update on the Nottawasaga Valley Conservation Authority and answered questions. RESOLUTION 16-108 A motion was made by Deputy Mayor Little, seconded by Councillor Pinto. RESOLVED THAT the deputation by Gayle Wood and Doug Lougheed with regard to an update on the Nottawasaga Valley Conservation Authority be received and filed as information. 2. Information redacted by request Re: Proposed Site Plan for 998129 Mulmur Tosorontio Townline Information redacted by request made a deputation to Council raising concerns regarding the proposed Enderlein site plan agreement.
3 RESOLUTION 16-109 A motion was made by Deputy Mayor Little, seconded by Councillor Pinto: RESOLVED THAT the deputation by Information redacted by request with regard to proposed site plan for 998129 Mulmur- Tosorontio Townline be received and filed as information. 3. Ray Duhamel, Jones Consulting & Arnd Enderlein, Enderlein Nurseries Re: Proposed Site Plan for 998129 Mulmur Tosorontio Townline Mr. Duhamel from Jones Consulting and Arnd Enderlein from Enderlein Nurseries made a deputation to Council outlining the proposed development at 998129 and answered questions of Council. RESOLUTION 16-110 A motion was made by Councillor Rose, seconded by Councillor Keenan: RESOLVED THAT the deputation by Jones Consulting and Enderlein Nurseries with regard to proposed site plan for 998129 Mulmur Tosorontio Townline be received and filed as information. 4. Public Meetings under the Planning Act a) Zoning By-law 03-57 Amendment Z/02/16 3449 Concession Road 2 Mayor Small Brett declared the meeting open at 8:03 p.m. The Director of Planning provided a brief background report to the Application. Mayor Small Brett provided an opportunity for interested parties to speak in support or in opposition to the application or to ask questions for clarification. There were no speakers. Mayor Small Brett declared the public meeting closed at 8:17 p.m. i) Planning Report # 2016-18 Re: Zoning By-law Amendment Z/02/16 3449 Concession Road 2 RESOLUTION 16-111 A motion was made by Deputy Mayor Little, seconded by Councillor Anderson: RESOLVED THAT Planning Report # 2016-18 dated June 13, 2016 regarding Zoning By-law Amendment Z/02/16 (3449 Concession Road 2) be received; and further, THAT a by-law to amend Zoning By-law 03-57 be considered under Section X By-laws.
4 b) Zoning By-law 03-57 Amendment Z/05/16 6973 Pine Plains Road Mayor Small Brett declared the meeting open at 8:18 p.m. The Director of Planning provided a brief background report to the Application. Mayor Small Brett provided an opportunity for interested parties to speak in support or in opposition to the application or to ask questions for clarification. There were no speakers. Mayor Small Brett declared the public meeting closed at 8:20 p.m. i) Planning Report # 2016-19 Re: Zoning By-law Amendment Z/05/16 6973 Pine Plains Road RESOLUTION 16-112 A motion was made by Councillor Anderson, seconded by Councillor Rose: RESOLVED THAT Planning Report # 2016-19 dated June 13, 2016 regarding Zoning By-law Amendment Z/05/16 (6973 Pine Plains Road) be received; and further, THAT a by-law to amend Zoning By-law 03-57 be considered under Section X By-laws. c) Zoning By-law 03-57 Amendment Z/06/16 6292 Concession Road 6 and 6279 & 6337 County Road 13 Mayor Small Brett declared the meeting open at 8:21 p.m. The Director of Planning provided a brief background report to the Application. Mayor Small Brett provided an opportunity for interested parties to speak in support or in opposition to the application or to ask questions for clarification. Bob Schickedanz and Brian Goodreid on behalf of Far Sight Homes provided Council and the public with an overview of the proposed development and answered questions of Council and the public. Heather Plaxton 63 Pine Park Blvd raised concerns regarding a proposed walkway between 63 and 65 Pine Park and the impact it will have on the drainage ditch in that location. Robert Horne 2 Charmaine Crescent Raised concerns regarding the proposed lots on Street A are not being same size as the existing lots on Columbus Lane. Also raised concerns regarding increase of traffic and policing and fire response. Requests developer to maintain character of previous builders.
5 Miklos Borsos - 55 Pine Park Blvd Requests developer to maintain the image and rural aspects of the community. Raised concerns regarding costs to upgrade sewer and water. Kevin Drechsel 23 Columbus Lane - Raised questions regarding the preservation of trees and the development of roads and pathways. Michael Flynn - 7524 Concession Road 2 Raised questions regarding the source of water for the proposed development. Mayor Small Brett declared the public meeting closed at 9:25 p.m. i) Planning Report # 2016-22 Re: Zoning By-law Amendment Z/06/16 (6292 Concession Road 6, and 6279 & 6337 County Road 13) RESOLUTION 16-113 A motion was made by Councillor Rose, seconded by Councillor Anderson: RESOLVED THAT Planning Report # 2016-22 dated June 13, 2016 regarding Zoning By-law Amendment Z/06/16 (6292 Concession Road 6, and 6279 & 6337 County Road 13) be received; and further, THAT a by-law to amend Zoning By-law 03-57 be considered under Section X By-laws. 4. Time for Adjala Tosorontio Ratepayers There were no speakers. 5. Upcoming Events Diversion Days June 18, July 16, August 20 and September 17 from 8:30 a.m. 3:00 p.m. held at County of Simcoe s Adjala Transfer Station located at 3022 Concession Road 4. Canada Day Celebrations July 1 st, 2016, Celebrations starting at 10:00 a.m. at Township Municipal Centre. C.F.B. Borden Centennial June 9 th, 11 th and 12 th, Everett Firefighters Golf Tournament July 23, 2016, Nottawasaga Inn Sheldon Creek Day on the Farm June 18, 2016 10:00 a.m. to 3:00 p.m. Hockley Strawberry Festival June 25, 2016 VIII CORRESPONDENCE AND REPORTS 1. PUBLIC WORKS Roads, Utilities Chair Deputy Mayor Doug Little, Vice Chair Councillor Ambrose Keenan Deputy Mayor Little chaired the Public Works Agenda portion of the meeting.
6 (a) Reports Deputy Mayor Little provided a verbal report on the activities within the Public Works Department. i) Public Works Report # 2016-13 Re: Enbridge Gas Franchise Agreement Renewal Follow Up RESOLUTION 16-114 A motion was made by Deputy Mayor Little, seconded by Councillor Anderson: RESOLVED THAT Public Works Report #2016-13 dated June13, 2016 regarding The Enbridge Gas Franchise Agreement Renewal Follow Up be received; and further, THAT a by-law to authorize the Mayor and Clerk to enter into a franchise agreement with Enbridge Gas Distribution Inc. be considered. ii) Public Works Report # 2016-14 Re: Canada Day Parking RESOLUTION 16-115 A motion was made by Deputy Mayor Little, seconded by Councillor Keenan: RESOLVED THAT Public Works Report #2016-14 dated June 13, 2016 regarding Canada Day Parking be received, and further; THAT a by-law to amend parking by-law 04-21 to regulate parking on 30 Sideroad between County Road 50 and Concession 7 on July 1, 2016 be considered. iii) Public Works Report # 2016-15 Re: 2016 Equipment Needs Assessment RESOLUTION 16-116 A motion was made by Councillor Anderson, seconded by Councillor Keenan: RESOLVED THAT Public Works Report #2016-15 dated June 13, 2016 regarding 2016 Equipment Needs Assessment be received; and further, THAT Staff be authorized to change specifications for the purchase of a 4X4 Regular Cab Pickup to a 4X4 Quad Cab Pickup; and further, THAT Staff be authorized to change the specification for the purchase of the Regular Cab Pickup approved in the 2016 budget to a 4X4 Quad Cab Pickup; and further,
7 THAT Staff be directed to proceed with the purchase of previously budgeted and approved equipment for 2015 and RESOLUTION 16-117 A motion was made by Councillor Anderson, seconded by Councillor Rose: RESOLVED THAT the meeting carry on past the hour of 10:00 p.m. to continue the meeting agenda until its conclusion. iv) Public Works Report # 2016-16 Re: Fill Permit for 3134 Concession 8, former Township of Adjala RESOLUTION 16-118 A motion was made by Deputy Mayor Little, seconded by Councillor Keenan: RESOLVED THAT Public Works Report #2016-16 dated June 13, 2016 regarding Fill Permit Request for 3134 Concession 8, former Township of Adjala be received; and further, THAT Staff be authorized to issue a Fill Permit for the property located at 3134 Concession 8 of the former Township of Adjala, for 7700 m 3 of material, subject to the submission of all required information outlined in By-law 14-08 to the satisfaction of Staff effective the date County Road 50 reopens to traffic. v) Public Works Report # 2016-17 Re: Bridge 12 Background RESOLUTION 16-119 A motion was made by Deputy Mayor Little, seconded by Councillor Rose: RESOLVED THAT Public Works Report #2016-17 dated June 13, 2016 regarding Bridge 12 Background be received and filed as information. 2. PROTECTION TO PERSONS AND PROPERTY Fire Protection, Building, Municipal Law Enforcement and Recreation Chair Councillor Scott W. Anderson, Vice Chair Councillor Bob Meadows Councillor Anderson chaired the Protection to Person and Property Agenda portion of the meeting. (a) Reports
8 i) Building Report # 2016-03 Re: Lisle Astros Request to install Portable Building RESOLUTION 16-120 A motion was made by Councillor Rose, seconded by Councillor Keenan: RESOLVED THAT Building Report # 2016-03 be received; and further; THAT staff be directed to enter into an agreement with the Lisle Astros Baseball Club to install a portable building. Councillor Pinto requested a recorded vote. Votes For = 5, Votes Against = 2 In Favour: Against: Anderson, Keenan, Little, Rose, Small Brett Meadows, Pinto 3. GENERAL GOVERNMENT Finance and Administration Chair Councillor Ambrose Keenan, Vice Chair Councillor Floyd Pinto Councillor Keenan chaired the General Government Agenda portion of the meeting. (a) Reports i) Treasury Report # 2016-08 Re: 2016 Operating Status as at May 31, 2016 RESOLUTION 16-121 A motion was made by Councillor Keenan, seconded by Deputy Mayor Little: RESOLVED THAT Treasury Report #2016-08 dated June 13, 2016 regarding the 2016 Operating Status as at May 31, 2016 be received and filed as information. ii) Treasury Report # 2016-09 Re: 2016 Capital Status as at May 31, 2016 RESOLUTION 16-122 A motion was made by Councillor Keenan, seconded by Councillor Pinto: RESOLVED THAT Treasury report # 2016-09 dated June 13, 2016 regarding 2016 Capital Status as at May 31, 2016 be received and filed as information.
9 iii) Administration Report # 2016-10 Re: Notice Policy ADM 2016-01 RESOLUTION 16-123 A motion was made by Councillor Keenan, seconded by Councillor Pinto: RESOLVED THAT Administration Report # 2016-10 dated June 13, 2016 regarding Notice Policy ADM 2016-01 be received; and further, THAT Notice Policy ADM 2016-01 be adopted as amended; and further, THAT a by-law to repeal various by-laws be considered as amended. iv) Administration Report # 2016-11 Re: Council Committee and Appointments By-law RESOLUTION 16-124 A motion was made by Councillor Keenan, seconded by Councillor Pinto: RESOLVED THAT Administration Report # 2016-11 dated June 13, 2016 regarding Council Committee and Appointments By-law be received; and further, THAT a by-law to appoint Members of Council and Public to various Committees, Agencies and Boards be considered. v) Administration Report # 2016-12 Re: Council Code of Conduct ADM 2016-02 and Integrity Commissioner RESOLUTION 16-125 A motion was made by Councillor Keenan, seconded by Councillor Rose: RESOLVED THAT Administration Report # 2016-12 dated June 13, 2016, regarding Council Code of Conduct ADM 2016-02 be received; and further, THAT Council Code of Conduct ADM 2016-02 be adopted as amended; and further, THAT it is not the wish of Council at this time to appoint an Integrity Commissioner to investigate complaints under the Council Code of Conduct. Councillor Anderson requested a recorded vote. Votes For = 4, Votes Against = 3
10 In Favour: Against: Keenan, Little, Rose, Small Brett Anderson, Meadows, Pinto vi) Administration Report # 2016-13 Re: Procedural By-law RESOLUTION 16-126 A motion was made by Councillor Keenan, seconded by Councillor Anderson: RESOLVED THAT Administration Report # 2016-13 dated June 13, 2016 regarding Procedural By-law be received; and further, THAT a by-law to govern the proceedings of Council and its Committees in the Township of Adjala-Tosorontio be considered as amended. vii) Administration Report # 2016-14 Re: Royal Canadian Legion Branch 559 (Lisle) Request for Special Occasion Permit RESOLUTION 16-127 A motion was made by Councillor Keenan, seconded by Councillor Anderson: RESOLVED THAT Administration Report # 2016-14 dated June 13, 2016, regarding Royal Canadian Legion Branch 559 (Lisle) Request for Special Occasion Permit be received; and further, THAT letter dated May 26, 2016 from the Royal Canadian Legion Branch 559 (Lisle) requesting an extension to their patio licence with a special occasions permit for a Show and Shine on July 9, 2016 be received; and further, THAT provided there is no liability to the Township of Adjala- Tosorontio and provided the Royal Canadian Legion Branch 559 (Lisle) abides by the conditions set out in the Alcohol Policy for Special Occasion Permits adopted by Council Resolution dated April 2, 2001 and conditions of the Fire Department, Council has no objection to and supports the application by the Royal Canadian Legion Branch 559 (Lisle) for a Special Occasion Permit from the Liquor Licence Board of Ontario for an extension to their Liquor License to accommodate a Show and Shine at the Legion on July 9,
11 4. LAND USE PLANNING AND DEVELOPMENT Chair Floyd Pinto, Vice Chair Councillor Dave Rose (a) Reports i) Planning Report # 2016-21 Re: Ontario Municipal Board Update RESOLUTION 16-128 A motion was made by Councillor Pinto, seconded by Councillor Keenan: RESOLVED THAT Planning Report # 2016-21 dated June 13, 2016 regarding Ontario Municipal Board Update be received; and further, THAT staff be authorized to retain professional assistance with defending the Township s position related to OMB File PL160206. ii) Planning Report # 2016-23 Re: Site Plan Agreement (Enderlein Nurseries Ltd., 998129 Mulmur-Tosorontio Townline) RESOLUTION 16-129 A motion was made by Deputy Mayor Little, seconded by Councillor Keenan: RESOLVED THAT Planning Report # 2016-23 dated June 13, 2016 regarding Site Plan Agreement (Enderlein Nurseries Ltd., 998129 Mulmur-Tosorontio Townline) be received; and further, THAT a By-law to authorize the Mayor and Clerk to sign a Site Plan Agreement be considered. IX RESOLUTIONS There were no resolutions. X BY-LAWS 1. BY-LAW 16-15 A BY-LAW TO AMEND ZONING BY-LAW NO. 03-57, AS AMENDED OF THE TOWNSHIP OF ADJALA-TOSORONTIO PART OF LOT 21, CONCESSION 2, FORMER TOWNSHIP OF ADJALA, 3449 CONCESSION ROAD 2 (010-005-16702) RESOLUTION 16-130 A motion was made by Councillor Keenan, seconded by Deputy Mayor Little:
12 procedure, this Bylaw be introduced and read a first and second time this 13 th day of June, 2. BY-LAW 16-16 A By-law to amend Zoning By-law No. 03-57, as amended of the Township of Adjala-Tosorontio Part of Lots 17 and 18, Concession 4, former Township of Tosorontio, 6973 Pine Plains Road (020-003- 09500) RESOLUTION 16-131 A motion was made by Councillor Anderson, seconded by Councillor Keenan: procedure, this Bylaw be introduced and read a first and second time and be considered read a third time and finally passed this 13 th day of June, 3. A By-law to amend Zoning By-law No. 03-57, as amended of the Township of Adjala-Tosorontio Part of Lot 12, Concession 5, former Township of Tosorontio, 6292 Concession Road 6 and 6279 & 6337 County Road 13 (020-003-14000, 12800, 12801) Bill 16-15 RESOLUTION 16-132 A motion was made by Deputy Mayor Little, seconded by Councillor Rose: RESOLVED THAT By-law to amend Zoning By-law 03-57, as amended of the Township of Adjala-Tosorontio Part of Lot 12, Concession 5, former Township of Tosorontio 6292 Concession Road 6 and 6279 & 6337 County Road 13 (020-003-14000, 12800, 12801) be referred back to staff for a further report and to be report back to council by August 8, 4. BY-LAW 16-17 A BY-LAW TO REPEAL BY-LAWS 03-01, 03-02, 04-3, 04-10, 04-58, 05-25, 05-48, 05-50, 05-54 RESOLUTION 16-133 A motion was made by Councillor Anderson, seconded by Councillor Keenan: procedure, this Bylaw be introduced and read a first and second time and be considered read a third time and finally passed this 13 th day of June,
13 5. BY-LAW 16-18 A BY-LAW TO APPOINT MEMBERS OF COUNCIL AND PUBLIC TO VARIOUS COMMITTEES, AGENCIES AND BOARDS RESOLUTION 16-134 A motion was made by Councillor Keenan, seconded by Councillor Rose: procedure, this Bylaw be introduced and read a first and second time and be considered read a third time and finally passed this 13 th day of June, 6. BY-LAW 16-19 A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL AND ITS COMMITTEES IN THE TOWNSHIP OF ADJALA-TOSORONTIO PROCEDURAL BY-LAW RESOLUTION 16-135 A motion was made by Councillor Anderson, seconded by Deputy Mayor Little: procedure, this Bylaw be introduced and read a first and second time and be considered read a third time and finally passed this 13 th day of June, Councillor Anderson requested a recorded vote. Votes For = 6, Votes Against = 1 In Favour: Against: Anderson, Keenan, Little, Pinto, Rose, Small Brett, Meadows 7. BY-LAW 16-20 A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN DEVELOPMENT AGREEMENT WITH ENDERLEIN NURSERIES LTD. BEING PART OF LOTS 23 AND 24, CONCESSION 1, FORMER TOWNSHIP OF TOSORONTIO (4301-020-004-01100) RESOLUTION 16-136 A motion was made by Councillor Keenan, seconded by Deputy Mayor Little: procedure, this Bylaw be introduced and read a first and second time and be considered read a third time and finally passed this 13 th day of June, Councillor Meadows requested a recorded vote. Votes For = 5, Votes Against = 2
14 In Favour: Against: Anderson, Keenan, Little, Rose, Small Brett, Pinto, Meadows 8. BY-LAW 16-21 A BY-LAW TO AUTHORIZE THE EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO AND ENBRIDGE GAS DISTRIBUTION INC. RESOLUTION 16-137 A motion was made by Deputy Mayor Little, seconded by Councillor Keenan: procedure, this Bylaw be introduced and read a first and second time and be considered read a third time and finally passed this 13 th day of June, 9. BY-LAW 16-22 A BY-LAW TO AMEND PARKING BY-LAW 04-21 RESOLUTION 16-138 A motion was made by Councillor Keenan, seconded by Councillor Pinto: procedure, this Bylaw be introduced and read a first and second time and be considered read a third time and finally passed this 13 th day of June, XI GENERAL/UNFINISHED BUSINESS (a) Councillor Pinto Re: OPP Investigation Verbal Update RESOLUTION 16-139 A motion was made by Deputy Mayor Little, seconded by Councillor Anderson: RESOLVED THAT this meeting proceed In-Camera as it relates to personal matters about an identifiable individual, including municipal or local board employees, potential litigation including matters before administrative tribunals, affecting the municipality and labour relations or employee negotiations Councillor Pinto and Councillor Meadows abstained from attending the In- Camera Meeting and remained in the Council Chambers. Mayor Small Brett announced that Council rose at 12:45 p.m. from In Camera.
15 There were no items to report. Councillor Pinto left the Council meeting sometime between Council proceeding into In-Camera and rising from In-Camera at 12:45 p.m. (b) List of Unfinished Business Meeting Date Report and/or Resolution # May 9, 2016 Planning Report # 2016-16/Resolution # 16-76 and 16-96 XII DATE OF NEXT MEETING The next Regular Meeting of Council will be held Monday July 11, 2016, XIII ADJOURNMENT The meeting adjourned at 12:46 a.m. M. Small Brett MAYOR MARY SMALL BRETT B. Kane CLERK BARBARA KANE