Page 1 of 13
CITY OF ORILLIA COUNCIL MINUTES
MINUTES OF THE MEETING OF COUNCIL, MONDAY, OCTOBER 26, 2009 AT 7:37 P.M. FOLLOWING THE SPECIAL MEETING RE TAX APPEALS 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
Also Present: Gayle Jackson, City Clerk Robin Cadeau, Administrative Assistant
John Mattinson, President, Orillia Power Corporation Larry Brooksbank, Chair, Orillia Power Corporation Pat Hurley, Treasurer, Orillia Power Corporation
Approval of Agenda
Moved by Cipolla, that the agenda for the Council meeting held on October 26, 2009, be approved as distributed. Carried.
Disclosure of Interest
1. Councillor Spears - re Consent Item No.'s 2. and 3.
Nature of Interest - Councillor Spears' daughter is employed by the Ontario Good Roads Association.
Councillor Spears declined to discuss the matter or to vote on its disposition. 2. Councillor Spears - re Consent Item No. 19.
Nature of Interest - Councillor Spears is a member of the Royal Canadian Legion Pipes and Drums. Page 2 of 13
Councillor Spears declined to discuss the matter or to vote on its disposition.
Report
1. Orillia Power Corporation - re Semi-annual. File: C12-OPC 2009-270 Moved by Fecht, seconded by Fogarty: THAT the Orillia Power Corporation's Semi-annual report, dated October 26, 2009, be received as informational. Carried.
Deputations
1. Ken Eady, President of the Board, Duncan Newman, Board Treasurer, Daniel Cambridge, Board Director and Gail Michalenko, Executive Director of the Orillia and Georgian Triangle Housing Resource Centres, spoke to Council regarding the Orillia Housing Resource Centre. File: C12-HC
a) Email - Dave Ritchie. b) Letter - The Society of St. Vincent de Paul, Guardian Angels Parish Conference. c) Email - Garfield Dunlop, MPP Simcoe North 2009-271 Moved by Fecht, seconded by Evans: THAT the request from the Georgian Triangle Housing Resource Centre requesting financial support for the Orillia Housing Resource Centre in the amount of $10,000, be referred to the 2010 Budget Committee. LOST.
2009-272 Moved by Fecht, seconded by Evans: THAT, further to the deputation from the Georgian Triangle Housing Resource Centre regarding the Orillia Housing Resource Centre, Council approve funding of $10,000 for 2010. Carried.
2. Allan Lazier, President and Mark Elgar, Vice-President of the Birchwood Park Association spoke to Council regarding Birchwood Park improvements. File: F21-GEN
a) Letter - Barb Shakell-Barkey. b) Letter - Joseph B. Prendergast. c) Email - Bill and Eileen Brown.
Page 3 of 13
2009-273 Moved by Lauer, seconded by McMillan: THAT, further to the deputation by Allan Lazier, President of the Birchwood Park Association, the request to upfront the restoration costs of Birchwood Park, and recoup the costs over a period of 15 years from the responsible taxpayers and their request that the City collect the $25.00 membership dues from Birchwood Park Association members be referred to the City Treasurer for a report to Council. Carried.
Meeting recessed - 9:40 p.m. Meeting re-assembled - 9:46 p.m.
Minutes
Moved by Fecht, seconded by Gardy, that the minutes of the following meetings be adopted, having been printed and distributed:
- October 5, 2009 - Public Meeting re Planning Matters - October 5, 2009 - Regular Council Carried.
Correspondence
1. Engineering Department - re "Oil Heating Incentive Program - Expanded!" File: E05-GEN
a) Letter - Canadian Oil Heat Association - Ontario Chapter. 2009-274 Moved by McMillan, seconded by Lauer: THAT the City's Oil Heating Incentive Program be closed to new applications as of October 29, 2009;
AND THAT any new applications in process, prior to that date, proceed to completion;
AND THAT the Public Works Department provide a report to Council Committee including comment on possible legal issues. LOST.
Recorded Vote: Yeas: McMillan, Lauer Nays: Fecht, Fogarty, Evans, Cipolla, Gardy, Spears, Stevens 2009-275 Moved by Evans, seconded by Cipolla: THAT the Release dated October 7, 2009 from the Public Works Department regarding "Oil Heating Incentive Program - Expanded!", be received. Carried. Page 4 of 13
Reports
1. Report Number 2009-2 of the Budget Committee. 2009-276 Moved by Fecht, seconded by Fogarty: THAT Report Number 2009-2 of the Budget Committee, now before Council, be adopted. Carried.
2. Report Number 2009-19 of the Council Committee. 2009-277 Moved by Gardy, seconded by McMillan: THAT Report Number 2009-19 of the Council Committee, now before Council, be adopted with the exception of Clause(s) 2., 7., 9., and 13. which shall be introduced separately. Carried.
2009-278 Moved by Cipolla, seconded by Evans: THAT Clause 2. of Report Number 2009-19 of the Council Committee, now before Council, be adopted. Carried.
2009-279 Moved by Gardy, seconded by McMillan: THAT Clause 7. of Report Number 2009-19 of the Council Committee, now before Council, be adopted. Carried.
2009-280A Moved by Cipolla, seconded by Evans: THAT Clause 9. of Report Number 2009-19 of the Council Committee, now before Council, be adopted by changing the 3% increase to 5% which is closer to our actual costs. LOST.
2009-280B Moved by Cipolla, seconded by Evans: THAT Clause 9. of Report Number 2009-19 of the Council Committee, now before Council, be adopted. Carried.
Page 5 of 13
2009-281 Moved by Spears, seconded by Fecht: THAT Clause 13. of Report Number 2009-19 of the Council Committee, now before Council, be adopted. LOST.
Recorded Vote: Yeas: Fecht, Cipolla, Spears, Stevens Nays: Fogarty, Evans, Gardy, McMillan, Lauer 3. Manager of Special Projects - re Community Adjustment Fund Grant - Andrew Street Underground Cabling. File: L04- 2009-282A Moved by Cipolla, seconded by Evans: THAT as recommended in a report dated October 21, 2009 from the Manager of Special Projects, Council be authorized to enter into a contract with the Government of Canada for receipt of the $350,000 Community Adjustment Fund Grant for the Andrew Street Underground Cabling project;
AND THAT Council authorizes proceeding with the additional work at this time, at an estimated cost of $320,000;
AND THAT the Mayor and Clerk be authorized to execute the necessary contracts or purchase orders necessary to complete this work;
AND THAT staff take whatever measures necessary to ensure that the work is completed by March 31, 2010.
2009-282B Moved by Fogarty, seconded by Cipolla: THAT the motion now before Council be amended by deleting the following:
"AND THAT staff take whatever measures necessary to ensure that the work is completed by March 31, 2010." LOST.
2009-282C Moved by Fogarty, seconded by Lauer: THAT the motion now before Council be amended by adding following words:
"within the existing budget" to the last paragraph after the word "necessary". Carried.
2009-282D Moved by Cipolla, seconded by Evans: THAT as recommended in a report dated October 21, 2009 from the Manager of Special Projects, Council be authorized to enter into a contract with the Government of Canada for receipt of the $350,000 Community Adjustment Fund Grant for the Andrew Street Underground Cabling project;
Page 6 of 13
AND THAT Council authorizes proceeding with the additional work at this time, at an estimated cost of $320,000;
AND THAT the Mayor and Clerk be authorized to execute the necessary contracts or purchase orders necessary to complete this work;
AND THAT staff take whatever measures necessary within the existing budget to ensure that the work is completed by March 31, 2010. Carried.
4. Housing Committee - re Affordable Housing Initiative - 85 Barrie Road. File: C12- HC 2009-283 Moved by Cipolla, seconded by Evans: THAT as recommended in a report dated October 21, 2009 from the Housing Committee regarding an affordable housing initiative at 85 Barrie Road, Council support Circoflex (Devco Group Inc.) or related entity by providing development charge financing and a tax holiday option for the creation of affordable rental housing up to a maximum of $20,000 per unit. Carried.
5. Mayor Stevens - re Policy re Use of BlackBerry/Cellular Devices at Meetings. File: C12-COM 2009-284A Moved by Fecht, seconded by Evans: THAT Council adopt Policy 1.2.6.1. being a policy to prohibit the use of BlackBerry and cellular devices during Council Committee and Council meetings.
2009-284B Moved by Fogarty, seconded by Evans: THAT the motion now before Council be amended by adding the following after the words "cellular devices,":
"land based internet, computers, paper, pencils and pens" LOST.
2009-284C Moved by Fecht, seconded by Evans: THAT Council adopt Policy 1.2.6.1. being a policy to prohibit the use of BlackBerry and cellular devices during Council Committee and Council meetings. Carried.
Verbal motion to go to 11:30 p.m.
Page 7 of 13
Notice of Motion
1. Councillor Cipolla gave notice at the October 5, 2009 Council meeting that he intends to introduce a motion regarding the bus route being re-instated on Sandra Drive. Councillor Cipolla has withdrawn his notice of motion pending receipt of the upcoming staff report. 2. Councillor Cipolla gave notice at the October 5, 2009 Council meeting that he intends to introduce a motion regarding the relocation of the bus terminal.
a) Report - Councillor Cipolla. b) Letter - Allan French. 2009-285 Moved by Cipolla, seconded by Fogarty: THAT as recommended in a report dated October 21, 2009 from Councillor Cipolla, the transit terminal be relocated back to Peter Street and Mississaga Street. Tabled.
3. Councillor Cipolla gave notice at the October 5, 2009 Council meeting that he intends to introduce a motion regarding a proposed policy with respect to the inclusion of curbs and gutters in road reconstruction projects.
a) Report - Councillor Cipolla. 2009-286 Moved by Cipolla, seconded by Fogarty: THAT as recommended in a report dated October 21, 2009 from Councillor Cipolla, Council adopt a policy that states that whenever the municipality undertakes reconstruction of roads within the municipality, curb and gutter be installed as part of the project. LOST.
Recorded Vote: Yeas - Fecht, Fogarty, Cipolla Nays - Evans, Gardy, Spears, McMillan, Llauer, Stevens
Verbal motion to go to 11:45 p.m.
Consent Agenda
1. Association of Municipalities of Ontario: File: A01-AMO
a) Alert - re Economic Development Task Force Update - Southern Ontario Municipalities Invited to Submit Funding Requests. b) LAS Energy Newsflash, October 2009. c) Alert - re AMO Report to Members on September 2009 Board Meeting.
Recommendation: Page 8 of 13
Receive as informational. Copied to appropriate Departments and Agencies. 2. Ontario Good Roads Association - re request for Nominations. File: A01-GEN
Recommendation: Receive as informational. 3. Ontario Good Roads Association - re Heads Up Alert entitled "Ontario's Roads Safer as of October 26, 2009". File: A01-GEN
Recommendation: Receive as informational. Copy to Public Works Department. 4. Federation of Canadian Municipalities (FCM) - re Green Municipal Fund. File: F11-GEN
Recommendation: Receive as informational. Copy to City Treasurer. 5. Community Schools Alliance - re requesting a letter of support for a "Smart Moratorium" on school closures. File: A16-SCBE
Recommendation: Receive as informational. 6. Hospice Orillia - re requesting a waiver of the rental fee for the Council Chamber in conjunction with the "Candles of Remembrance" event, November 29, 2009. File: F11-GEN
Recommendation: That the following resolution be passed:
"THAT, pursuant to the letter dated October 14, 2009 from Hospice Orillia, Council waive the rental fee in the amount of $105 for the Council Chamber in conjunction with the "Candles of Remembrance" event to be held on November 29, 2009." 7. Economic Development Committee - re News Release entitled "Orillia Remains Among Top Ontario Cities to Invest In". File: M06-GEN
Recommendation: Receive as informational. 8. Hacker Gignac Rice, Barristers and Solicitors - re Parkside Inn and Conference Centre - Development Proposal, Proposed Orillia Official Plan. File: D08-OP
Recommendation: Receive as informational. Copy to Planning and Development Department. (See Resolution Number 2009-289) Page 9 of 13
9. Wideflange Inc. - re Official Plan Draft 2 Public Meeting. File: D08-OP
Recommendation: Receive as informational. Copy to Planning and Development Department. 10. Orillia Minor Hockey and other Associations - re requesting Council to support a resolution objecting to the proposed Harmonized Sales Tax (HST). File: L11- PLEG
Recommendation: Receive as informational. (See Resolution Number 2009-290) 11. Jack McGaw - re invitation to become part of the Information Radio network. File: P03-GEN
Recommendation: Receive as informational. Copy to Emergency Planning Committee. Copy to Economic Development Committee. (See Resolution Number 2009-291) 12. Kristin Cornish and Marlene Caryl - re use of Hillcrest School property. File: L07- GEN
Recommendation: Receive as informational. 13. Elaine Peterson - re request for sidewalks on Laclie Street. File: T05-GEN
Recommendation: Refer to Public Works Department for consideration in preparation of the 2010 Sidewalk Program Capital Budget submission. 14. Tara Swanson - re request for sidewalks on Laclie Street. File: T05-GEN
Recommendation: Refer to Public Works Department for consideration in preparation of the 2010 Sidewalk Program Capital Budget submission. 15. Gus Diamantakos - re increased traffic and pedestrian crossing to the hospital. File: T08-GEN
Recommendation: Refer to Council Committee. Request report from the Public Works Department. 16. The Salvation Army - re requesting permission to proceed with their annual Christmas Kettle campaign. File: M02-GEN
Recommendation: Page 10 of 13
That the following resolution be passed:
“THAT the Salvation Army be authorized to place Christmas Cheer Kettles in various designated locations in Orillia from November 27, 2009 to December 24, 2009.” 17. Sharon Chapple, Couchiching Community Watch - re petition against the relocation of the Terry Fox Way loop. File: R04-GEN
Recommendation: Receive as informational. 18. Take a Veteran to Dinner Committee - re requesting financial assistance. File: C12-GNT
Recommendation: Refer to Grants Committee. 19. Branch 34, Royal Canadian Legion Pipes and Drums - re requesting financial assistance. File: C12-GNT
Recommendation: Refer to Grants Committee. 20. The Orillia Beatles Celebration - re requesting financial assistance. File: C12- GNT
Recommendation: Refer to Grants Committee. 21. Catherine O'Connor - re resignation from the Orillia Youth Opportunities Committee. File: C12-YOC
Recommendation: That the following resolution be passed:
"THAT the resignation of Catherine O'Connor as a member of the Orillia Youth Opportunities Committee is hereby accepted with regret, and the Clerk be instructed to thank Ms. O'Connor for her valuable contribution to the municipality while serving as a member of the Committee;
AND THAT the matter of a replacement be referred to Council Committee in Closed Session for consideration and recommendation."
Consent Agenda Resolutions
2009-287 Moved by Evans, seconded by Lauer: THAT Council adopt the recommendations as set out on the Consent Agenda for the Regular Meeting of Council held on October 26, 2009, with the exception of the recommendation(s) with respect to Correspondence Item(s) 2., 3., 8., 10., 11. Page 11 of 13
and 19. which shall be introduced separately. Carried.
2009-288 Moved by Fecht, seconded by Evans: THAT the recommendation with respect to Correspondence Items 2., 3. and 19. on the Consent Agenda for the regular meeting of Council on October 26, 2009, be adopted. Carried.
2009-289 Moved by Fecht, seconded by Evans: THAT the recommendation with respect to Correspondence Item 8. on the Consent Agenda for the regular meeting of Council on October 26, 2009, read as follows:
That the developer be requested to make a deputation before Council regarding the proposed Parkside Inn and Conference Centre development. Carried.
2009-290 Moved by Evans, seconded by Cipolla: THAT the recommendation with respect to Correspondence Item 10. on the Consent Agenda for the regular meeting of Council on October 26, 2009, read as follows:
That Council support a resolution objecting to the proposed Harmonized Sales Tax put forward by various Orillia non-profit organizations. Carried.
2009-291 Moved by Spears, seconded by Gardy: THAT the recommendation with respect to Correspondence Item 11. on the Consent Agenda for the regular meeting of Council on October 26, 2009, read as follows:
Receive as informational. Copy to Emergency Planning Committee. Copy to Economic Development Committee. Copy to Communications Committee. Carried.
By-laws
2009-292 Moved by Evans, seconded by Cipolla:
THAT the following by-laws be now introduced and read a first, second and third Page 12 of 13
time today:
2009-133 A By-law to authorize the execution of an Agreement with the Orillia Power Corporation - After Hours Answering Service.
2009-134 Amendment Number 23 to Traffic and Parking Regulation By-law Number 2007-55, as amended.
2009-135 A By-law to amend Chapter 700 of the City of Orillia Municipal Code - Business Licensing.
2009-136 A By-law to repeal and replace Chapter 1047 of the City of Orillia Municipal Code - Sewage - Discharge.
2009-137 A By-law to authorize the execution of a Contract with McKnight Charron Laurin Inc. Architects for architectural and engineering services - OPP Detachment Project.
2009-138 A By-law to authorize the execution of an agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of Industry - Community Adjustment Fund Ontario - Orillia City Centre Parking Lot Reconstruction Project.
2009-139 A By-law to authorize the execution of an agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of Industry - Community Adjustment Fund Ontario - Relocation of Regan House Project.
2009-140 A By-law to authorize the execution of an agreement with the Her Majesty the Queen in Right of Canada, as represented by the Minister of Industry - Community Adjustment Fund Ontario - Andrew Street Underground Cabling Project.
2009-141 A By-law to authorize the acquisition of lands on West Street North in the City of Orillia for the purpose of widening a highway. Carried.
2009-293 Moved by Gardy, seconded by Spears:
THAT By-law Number 2009-142, a by-law to confirm the proceedings of Council at its meetings held on October 26, 2009, be now introduced and read a first, second and third time today. Carried.
Open Public Forum
- Nil Page 13 of 13
Adjournment
MEETING ADJOURNED - 11:45 P.M.
______MAYOR
______CLERK
CITY OF ORILLIA
TO: The Mayor and Members of Council FROM: Budget Committee DATE: October 9, 2009 SUBJECT: Report Number 2009-2 (From meeting of October 8, 2009)
Your Committee is pleased to report and recommend as follows:
1. THAT as recommended in a report dated September 16, 2009 from the Deputy City Treasurer, the City prepare the 2010 budget excluding amortization costs, future year post-employment benefits and landfill closure/post-closure costs from the current year's financing requirements as allowed by Ontario Regulation 284/09; AND THAT staff prepare a report to be adopted by Council with an analysis of the impact that excluding these costs will have on the accumulated surplus and future funding requirements.
2. THAT, further to the report dated September 29, 2009 from the Public Works Department regarding the 2010 Infrastructure Program, staff be authorized to tender Colborne Street (Andrew Street to Front Street) road reconstruction in January 2010 such that the work can proceed in the first part of the construction season and that actual costs are available for 2010 budget discussions; AND THAT staff be authorized to invite proposals for a consultant to complete the design of the reconstruction of Colborne Street (Dunedin Street to Andrew Street) at an estimated cost of $100,000 such that the design work can proceed early in 2010, and that actual consultant costs are available for 2010 budget discussions; AND THAT the streetscaping for the reconstruction of Colborne Street (Dunedin Street to Andrew Street) be the downtown approach.
3. THAT as recommended in a report dated September 18, 2009 from the Director of Parks and Recreation, staff be authorized to tender the J.B. Tudhope Memorial Park beach upgrade project in January 2010 such that the work can proceed in the first part of the construction season and that actual costs are available for 2010 budget discussions; AND THAT staff be authorized to tender the Couchiching Beach Park Washroom replacement project in January 2010 such that the work can proceed in the first part of the construction season and that actual costs are available for 2010 budget discussions.
4. THAT the report dated September 18, 2009 from the Director of Parks and Recreation regarding the Parks and Recreation Master Plan, be received as informational.
5. THAT, further to the report dated September 24, 2009 from the City Manager regarding the public consultation process for the 2010 budget, a staff consultation process be implemented by the Clerk's Department during the first week of February 2010; AND THAT the marketing of the public meeting be referred to the Communications Committee.
6. THAT the report dated September 16, 2009 from the Public Works Department regarding boulevard maintenance, be received as informational.
7. THAT the report dated September 18, 2009 from the Fire Chief regarding fire apparatus maintenance and downtime, be received as informational.
R. Stevens, Chair.
CITY OF ORILLIA TO: The Mayor and Members of Council FROM: Council Committee DATE: October 20, 2009 SUBJECT: Report Number 2009-19 (From meeting of October 19, 2009)
Your Committee is pleased to report and recommend as follows:
1. THAT as recommended in a report dated September 29, 2009 from the Manager of Special Projects, Aecom be authorized to proceed with the work plan to conduct an additional off-site environmental investigation respecting 255 West Street South, at the estimated cost of $166,550 billed on a time and material basis.
2. THAT the report dated September 28, 2009 from the Library/Market Square Project Team regarding the Library/Market Square Project - Class "A" Costing, be received as informational.
3. THAT the report dated October 14, 2009 from the Library Project Team Advisor regarding the preference for local suppliers, be received as informational.
4. THAT as recommended in a report dated October 14, 2009 from the OPP Detachment Project Team, McKnight Charron Laurin Inc. Architects be retained to provide architectural and engineering services for the OPP Detachment Project in accordance with their proposal dated September 30, 2009.
5. THAT the report dated October 9, 2009 from the Deputy City Treasurer regarding the Harmonized Sales Tax update, be received as informational.
6. THAT as recommended in a report dated October 13, 2009 from the Clerk's Department, Chapter 700 of the City of Orillia Municipal Code - Business Licensing, be amended to delete the requirement to obtain Police Department approval for a Refreshment Vehicle Licence; AND THAT the City of Orillia not continue to require payment of a licence fee where an established business wishes to add a refreshment vehicle to their existing food operation.
7. THAT as recommended in a report dated September 30, 2009 from the Public Works Department, "No Parking Anytime" be implemented on the east side of Douglas Street between Harvey Street and Nottawasaga Street; AND THAT "No Parking 8:00 a.m. to 10:00 a.m. and 2:00 p.m. to 4:00 p.m., Monday to Friday" be implemented on the west side of Douglas Street between Harvey Street and Nottawasaga Street.
8. THAT the report dated October 5, 2009 from the Public Works Department regarding the Albert Street watermain project, be received as informational.
9. THAT as recommended in a report dated October 13, 2009 from the Clerk's Department, the fees set out in Schedule "A" of Chapter 700 of the City of Orillia Municipal Code - Business Licensing, be repealed and replaced with the schedule of fees set out in the report.
10. THAT as recommended in a report dated October 9, 2009 from the Public Works Department the public consultation on fluoridation be deferred until 2011.
11. THAT as recommended in a report dated October 14, 2009 from the Public Works Department, the proposed revisions to Chapter 1047 of the City of Orillia Municipal Code - Sewer - Discharge, be adopted as per Attachment 1 of the report.
12. THAT as recommended in a report dated October 13, 2009 from the Director of Human Resources, Policy 5.2.1.1. - Employee Development Courses/Memberships, be amended as outlined in the report.
13. THAT as recommended in a report dated October 9, 2009 from the Director of Human Resources, the salary grid for exempt employees be increased by 2% effective January 1, 2010. LOST
14. THAT as recommended in a report dated October 13, 2009 from the Fire Chief and the Director of Human Resources, Council adopt the Pandemic/Business Continuity Plan attached to the report; AND THAT Council adopt Policy 5.7.1.3. - Employee Absence During an Emergency/Health Crisis.
15. THAT as recommended in a report dated October 13, 2009 from the Fire Chief, the City renew its service agreement with the Orillia Power Corporation for the continued provision of after-hours telephone answering until December 31, 2012.
16. THAT the report dated October 13, 2009 from the City Manager, City Clerk and Deputy City Clerk regarding the Closed Meeting Investigation Report, be received as informational; AND THAT the $5,600 cost of this Investigation be charged to Operating Contingency.
17. THAT, further to the report dated October 13, 2009 from the City Manager, City Clerk and Deputy City Clerk regarding the Closed Meeting Investigation Report, staff be directed to review the procedural by-laws giving options as identified by the Investigator's report and staff comments; AND THAT a Special Meeting of Council Committee be arranged to review the staff report and make recommendations to amend the procedural by-laws; AND THAT the annotated report be returned to John Craig with a request that he comment back prior to the Special Meeting of Council Committee.
W. Gardy, Chair.