TOWN OF WHITCHURCH - STOUFFVILLE COUNCIL MINUTES Tuesday, December 3, 2013 7:00 pm
Council Chambers 111 Sandiford Drive
Chair: Mayor Emmerson
The regular meeting of Council was held at the municipal offices, on the above date and time. All members of Council were present.
Staff Present: Andrew McNeely, Michele Kennedy, Mike Molinari, Marc Pourvahidi, Paul Whitehouse, Rob Raycroft, Rob McKenzie, Michael Bigioni, Linda Mainprize, Paul Neuman, Isabel Leung.
CALL TO ORDER RECOGNITIONS, if applicable 1. RECOGNITIONS Presentation of a decorative mosaic of the Canadian flag to Town Hall: Elena D’Kuna and Elena Kostikova
Mayor Emmerson accepted a handcrafted mosaic of the Canadian flag from Ms. Elena D'Kuna and Ms. Elena Kostikova, as a token of appreciation for welcoming their family to Town.
INTRODUCTION OF ADDENDUM ITEMS 1. RECOGNITIONS Presentation of a decorative mosaic of the Canadian flag to Town Hall: Elena D’Kuna and Elena Kostikova
2. Memorandum from the Director of Finance/ Treasurer, RE: Budget and Audit Committee Report #1 - December 3 Agenda, Correction to Recommendation #2, and Correction to User Fee By Law 2013-171 -FI.
3. REPORT 9: WHITCHURCH-STOUFFVILLE COMMUNITY ENERGY CO- OPERATIVE INC. LICENSING AGREEMENT FOR THE UTILIZATION OF THE CLIPPERS COMPLEX ROOF (E17)
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4. REPORT 10: OPTIONS REPORT: NORTH ROAD & THE ASSOCIATED INTERNAL PRIVATE ROADS COMMUNITY OF PRESTON LAKE (F08)
CONFIRMATION OF AGENDA MOVED by Councillor Ferdinands SECONDED by Councillor Hilton
THAT the agenda be confirmed as amended.
CARRIED AS AMENDED
DECLARATIONS None.
ADOPTION OF MINUTES MOVED by Councillor Smith SECONDED by Councillor Hargrave
THAT the minutes of the regular meeting of Council on November 19, 2013 be adopted as circulated.
CARRIED
OUTSIDE PRESENTATIONS, if applicable None.
DELEGATIONS, if applicable 1. York Region United Way update on key activities: Daniele Zonotti
Mr. Zonotti provided an overview of programs and services offered by United Way to local communities. He thanked the on-going support from Council and noted that more services will be available to residents in Whitchurch-Stouffville. The Director of Finance/ Treasurer presented a cheque of $10,312.66 from staff fundraising efforts to Mr. Zonotti.
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MOVED by Councillor Bartley SECONDED by Councillor Smith
1) THAT the presentation by Mr. Daniele Zonotti regarding an update on York Region United Way key activities be received.
CARRIED
2. Municipal Council Support for FIT 3 Application - 16389 Highway 48: Jim Davidson
Agent: Jim Davidson, The Regional Municipality of York Location: 16389 Highway 48 (The Forest Stewardship and Education Centre) System: Roof-Mount Solar Photovoltaic System – FIT project 38 kw System
MOVED by Councillor Bannon SECONDED by Councillor Ferdinands
1) NOW THEREFORE BE IT RESOLVED THAT: Council of the Town of Whitchurch-Stouffville supports the construction and operation of the Project on the Lands;
2) AND THAT this resolution’s sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose;
3) AND THAT the Town receive the required “Hold Harmless Agreement”;
4) AND THAT the Mayor and Clerk be authorized to sign the required documents.
CARRIED
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3. Municipal Council Support for FIT 3 Application - 13369 Highway 48: Ian Ratcliff
Agent: Ian Ratcliff, Ratcliff Farms Ltd Location: 13393 Highway 48 (Barn) System: Unconstructed Roof-Mount Solar Photovoltaic System – FIT project 50 kw System
MOVED by Councillor Hilton SECONDED by Councillor Smith
1) NOW THEREFORE BE IT RESOLVED THAT: Council of the Town of Whitchurch-Stouffville supports the construction and operation of the Project on the Lands;
2) AND THAT this resolution’s sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose;
3) AND THAT the Town receive the required “Hold Harmless Agreement”;
4) AND THAT the Mayor and Clerk be authorized to sign the required documents.
CARRIED
RESOLUTION TO MOVE INTO BUDGET AND AUDIT COMMITTEE MOVED by Councillor Ferdinands SECONDED by Councillor Bartley
THAT Council move to Budget and Audit Committee.
CARRIED
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REPORTS 1. DRAFT 2014 OPERATING AND CAPITAL BUDGETS (F05)
MOVED by Councillor Ferdinands SECONDED by Councillor Smith
1) THAT the Draft 2014 Operating and Capital Budgets and the Ten Year Capital Forecast, presented as Attachment #1 be received for information purposes;
2) AND THAT Council the User Fee By-law 2013-171-F1 (see By-laws with Reports) to support the revenue projection included in the 2014 operating budget be enacted, recognizing the opportunity for further review as part of the 2014 budget deliberation process for any potential amendments;
3) AND THAT a Budget and Audit Committee and Council meeting be held on January 28, 2014 at 9 a.m. for the final approval of the 2014 Operating and Capital Budgets and the Ten Year Forecast, and January 29th also be designated as an additional budget deliberation day, if necessary;
4) AND THAT the Budget and Audit Committee consider the 2014 Grant requests on February 18, 2014 at 3:00 p.m.;
5) AND THAT Council authorize the presentation of the 2014 Budget on a non-PSAB basis, in accordance with Ontario Regulation 284/09;
6) AND THAT User Fee By-law 2013-171-FI be amended to include a new category within Section A - Finance as follows:
"Item 18 j) Broadband Implementation Project in Ward 1, $20 per participating household including HST, effective January 1, 2014."
CARRIED AS AMENDED
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ADJOURNMENT OF BUDGET AND AUDIT COMMITTEE MOVED by Councillor Hargrave SECONDED by Councillor Bartley
THAT there being no further business the Budget and Audit Committee meeting be adjourned at 7:20 p.m.
CARRIED
COUNCIL CONSIDERATION OF RECOMMENDATIONS OF BUDGET AND AUDIT COMMITTEE MOVED by Councillor Ferdinands SECONDED by Councillor Smith
THAT all reports on the agenda, with the exception of the reports that have been deferred, deleted or listed for separate discussion, be approved and the recommendations contained therein be adopted.
CARRIED
RESOLUTION TO MOVE INTO COUNCIL IN COMMITTEE MOVED by Councillor Hilton SECONDED by Councillor Hargrave
THAT Council move to Council in Committee.
CARRIED
DETERMINATION OF REPORTS ON THE CONSENT AGENDA REQUIRING SEPARATE DISCUSSION Reports 1, 2, 4, 6, 7, 8, 9 and 10 were identified for separate discussion.
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ADOPTION OF REPORTS ON CONSENT AGENDA NOT REQUIRING SEPARATE DISCUSSION MOVED by Councillor Smith SECONDED by Councillor Hargrave
THAT reports 1 to 10, with the exception of items that have been deferred, deleted or listed for separate discussion, on the regular agenda, be approved and the recommendations contained therein be adopted.
CARRIED
STAFF PRESENTATIONS, if applicable None.
CONSIDERATION OF REPORTS ON THE CONSENT AGENDA REQUIRING SEPARATE DISCUSSION 1. NOTICE OF MOTION: COUNCIL REMUNERATION REVIEW COMMITTEE 2015
MOVED by Councillor Bannon SECONDED by Councillor Ferdinands
1) THAT the Notice of Motion to establish a Council Remuneration Review Committee for 2015 be deferred to January 21, 2014 Council Meeting;
2) AND THAT staff be directed to research practices from other municipalities for Council's information.
CARRIED AS AMENDED
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2. PROPERTY STANDARDS, CLEAN YARDS, BOARDING UP OF A VACANT BUILDING, FENCE & POOL ENCLOSURE, APPOINTMENT AND APPEALS COMMITTEE BY-LAWS
MOVED by Councillor Ferdinands SECONDED by Councillor Smith
THAT By-laws:
• 2013-165-RE (Property Standards By-law), • 2013-166-RE (Clean Yards By-law), • 2013-167-RE( Boarding Up of Vacant Buildings By-law), • 2013-168-RE (Fence & Pool Enclosure By-law), • 2013-169-AP (Appointment By-law), and • 2013-179-RE (Amendment to 2011-015-RE being the By-law to establish the Appeals Committee)
be enacted.
CARRIED
3. DRAFT FACILITY ALLOCATION POLICY (A09)
Council in Committee Recommends:
1) THAT Council adopt the Draft Facility Allocation Policy included as Attachment #1 to this Report.
4. REQUEST FOR PROPOSAL WS-RFP-13-38 WHITCHURCH- STOUFFVILLE LEISURE CENTRE AND PUBLIC LIBRARY EXPANSION CONCEPT DESIGN CONSULTANT (F18)
MOVED by Councillor Hilton SECONDED by Councillor Hargrave
1) THAT Request for Proposal WS-RFP-13-38 Whitchurch-Stouffville Leisure Centre and Public Library Expansion Concept Design Consultant be awarded to Diamond Schmitt Architects in the amount of $83,620 inclusive of HST;
2) AND FURTHER THAT the Mayor and Clerk be authorized to sign all necessary agreements between the Town of Whitchurch-Stouffville and Diamond Schmitt Architects for concept design services; Page 8 of 16
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3) AND THAT Staff report back to Council in June, 2014, with the outcome of the Whitchurch-Stouffville Leisure Centre and Public Library Expansion Concept Design.
CARRIED
5. GROWTH MANAGEMENT STRATEGY IMPLEMENTATION AND PHASE 3 LANDS BACKGROUND/ANALYSIS AND FUTURE DIRECTIONS REPORT AND PROPOSED OFFICIAL PLAN AMENDMENT (D08)
Council in Committee Recommends:
1) THAT the Planning & Building Services Department report dated December 3, 2013 on the Growth Management Strategy Implementation and Phase 3 Lands Background and Future Directions Report, including a proposed Official Plan Amendment, be received for information; and
2) THAT staff be directed to commence a statutory public process under the Planning Act concerning the proposed Official Plan Amendment implementing the results of the Growth Management Strategy.
6. SITE ALTERATION PERMIT – 14245 NINTH LINE (P11)
MOVED by Councillor Bannon SECONDED by Councillor Smith
1) THAT the comments and subsequent responses from the Public Information Session and Special Council meeting held on June 18, 2013 for the proposed site alteration at 14245 Ninth Line be received;
2) AND THAT Council endorse in principle, the site alteration proposal for 14245 Ninth Line;
3) AND THAT staff prepare a site alteration agreement between the Town and the Owner for Council’s consideration and approval.
CARRIED AS AMENDED
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7. REVIEW OF 3-HOUR PARKING ENFORCEMENT (TO2)
MOVED by Councillor Hilton SECONDED by Councillor Bannon
1) THAT the current Parking Regulatory By-law enforcing the overnight winter parking remain unchanged;
2) AND THAT Staff be directed to report back to Council in the second quarter of 2014 with Terms of Reference for a comprehensive parking analysis in 2015.
CARRIED
**NOTE: Report 8 is placed under Discussion Agenda in the following section. **
9. WHITCHURCH-STOUFFVILLE COMMUNITY ENERGY CO-OPERATIVE INC. LICENSING AGREEMENT FOR THE UTILIZATION OF THE CLIPPERS COMPLEX ROOF (E17)
MOVED by Councillor Hargrave SECONDED by Councillor Bartley
1) THAT Council approve the Town’s entering into a Licence Agreement between the Town and the Whitchurch-Stouffville Community Energy Co-operative Inc. for the utilization of the Stouffville Clippers Sports Complex roof for the installation of solar panels under the Province’s Feed-in-Tariff Program consistent with the framework and principles as set out in this Report, subject to minor revisions as required by the Town Solicitor;
2) AND THAT Staff be authorized to include in the Licence Agreement a term of maximum 20 years or expiration of the agreement by mid-2035, whichever comes first, and an annual payment of $7,600.00;
3) AND THAT Staff be authorized to execute the Ontario Power Authority’s Confirmation Form confirming Council’s support of the Whitchurch- Stouffville Community Energy Co-operative Inc. proposal under the Feed-in-Tariff Intake 3 (FIT 3) program.
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4) AND THAT the Mayor and Clerk be authorized to execute the Licence Agreement and any other documents that may be required in connection with the participation of Whitchurch-Stouffville Community Energy Co- operative Inc. in the FIT 3 program.
CARRIED 10. OPTIONS REPORT: NORTH ROAD & THE ASSOCIATED INTERNAL PRIVATE ROADS COMMUNITY OF PRESTON LAKE (F08)
MOVED by Councillor Smith SECONDED by Councillor Hargrave
1) THAT the maintenance of the North Road and the associated internal private roads be continued using the current funding model under Section 391 of the Municipal Act for the fiscal year of 2014;
2) AND THAT Staff be directed for the purposes of establishing a longer term and sustainable solution for the maintenance of the North Road and associated internal roads to continue discussions and analysis within the following framework:
a. Staff are to embark upon a consultation program in the first quarter of 2014 with the Owners of the fifty-one households to gauge the service level requested by the residents to provide four seasons maintenance for this neighbourhood and provide a follow up Report to Council in this regard;
b. that the recovery of expenditures incurred by the Town for the provision of four seasons maintenance of the North Road and the associated internal roads be financed, effective January 2015, by a special service area levy adopted under the authority of Section 326 of the Municipal Act;
c. that the North Road and associated internal roads are to remain as private roads; and,
d. that effective 11:59 PM on December 31, 2014, the North Shore Roads Committee be dissolved and the responsibility for the four season maintenance of the North Road and the associated internal roads be undertaken by the Town of Whitchurch-Stouffville going forward.
CARRIED
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CONSIDERATION OF DISCUSSION AGENDA REPORTS, if applicable 8. CONSIDERATION OF WALKWAY BETWEEN KATHERINE CRESCENT AND GREENFOREST GROVE LANE (D12)
MOVED by Councillor Hargrave SECONDED by Councillor Bartley
1) THAT this report be received for information;
2) AND THAT Council supports Option 3 in the report, which is not to construct the walkway between Katherine Crescent and Green Forest Grove Lane;
3) AND THAT staff be directed to proceed with the process to declare the following lands surplus and dispose of these lands in accordance with By-Law 2008-057-LA, and to report back to Council:
I. Katherine Crescent Block 44 Plan 65M-3119 II. Loretta Crescent Blocks 26 & 30 Plan 65M-2839 III. Ballantrae Road Block 65 Plan 65M-3469
CARRIED AS AMENDED
ADJOURNMENT OF COUNCIL IN COMMITTEE MOVED by Councillor Ferdinands SECONDED by Councillor Hilton
THAT there being no further business the Council in Committee meeting be adjourned at 10:15 p.m.
CARRIED
COUNCIL CONSIDERATION OF RECOMMENDATIONS MOVED by Councillor Hargrave SECONDED by Councillor Smith
THAT all reports on the agenda, with the exception of the reports that have been deferred, deleted or listed for separate discussion, be approved and the recommendations contained therein be adopted.
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INFORMATION/ACTION ITEMS FROM TOWN ADVISORY COMMITTEES None.
OUTSIDE RESOLUTIONS - REQUEST FOR ENDORSEMENT (C10) 1. York Regional Council Representation - Ontario Regulation 279/13 - City of Vaughan
MOVED by Councillor Smith SECONDED by Councillor Bannon
1) THAT Council of the Town of Whitchurch-Stouffville is opposed to a by- law changing the composition and size of Regional Council by increasing the number of members from The Corporation of the City of Vaughan from four to five;
2) AND THAT a copy of this resolution be sent to the Regional Clerk.
CARRIED 2. 2014 Volunteer Service Awards Program
MOVED by Councillor Bartley SECONDED by Councillor Hilton
1) THAT the Correspondence from the Ministry of Citizenship and Immigration regarding the 2014 Volunteer Service Awards program be received.
CARRIED 3. Federation of Canadian Municipalities (FCM) Housing Resolution
MOVED by Councillor Hargrave SECONDED by Councillor Ferdinands
1) THAT Council support the Federation of Canadian Municipalities' (FCM) resolution regarding the "Development of a New Long-Term Federal Plan to Fix Canada's Housing Crunch", and a copy of the resolution also be sent to Paul Calandra, MP, Oak Ridges - Markham for information purposes.
CARRIED
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NOTICES OF MOTION None.
RESOLUTIONS FROM MEMBERS OF COUNCIL None.
RESOLUTION TO HOLD AN IN CAMERA MEETING, if required Not Required.
BY-LAWS MOVED by Councillor Hilton SECONDED by Councillor Smith
THAT the following by-laws be read a first, second and third time and passed:
2013-165-RE PROPERTY STANDARDS BY-LAW BEING A BY-LAW prescribing standards for the maintenance and occupancy of property within the Town of Whitchurch-Stouffville, and repealing By-laws 98-176-RE, 2003- 179-RE and 2007-065-RE.
2013-166-RE CLEAN YARDS BY-LAW: BEING A BY-LAW respecting litter, yard waste and property maintenance.
2013-167-RE BOARDING UP OF VACANT BUILDINGS BY-LAW: BEING A BY-LAW respecting the boarding up of vacant buildings.
2013-168-RE FENCE & POOL ENCLOSURE BY-LAW: BEING A BY-LAW to prescribe the height and description of lawful fences in the Town of Whitchurch-Stouffville, to require the erection and maintenance of fences and gates around swimming pools, and to repeal By-laws 92-90 and 2010- 073-RE.
2013-169-AP BEING A BY-LAW to appoint Municipal Law Enforcement Officers, Property Standards Officers, Fire Protection Building Inspectors, Municipal Weed Inspectors and Fire and Emergency Service Personnel for The Corporation of the Town of Whitchurch-Stouffville and repeal By-law 2013-068-AP.
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2013-170-RD BEING A BY-LAW to provide for the naming of the streets in the Forsyth Farm Subdivision Plan 19T(W)-07.001 Part of Lot 3, Concession 9, Community of Stouffville. (Greenwood Road, Noah’s Farm Trail, Clarinet Lane, Drum Street, Trumpet Street, and Flute Street)
2013-171-FI BEING A BY-LAW to establish fees or charges for services or activities provided by the Town of Whitchurch-Stouffville (General Fees and Charges) and to repeal By-laws 2013-035-FI and 2013-1 02-FI. (AS AMENDED)
2013-172-RD BEING A BY-LAW to provide for the naming of the streets in the Geranium Medium Density Block (Ninth Line) Site Plan SPA13.005, Community of Stouffville. (Bellflower Way, Cornerbank Crescent, and Arborea Lane)
2013-178-FI BEING A BY-LAW to repeal By-law Number 2013-153-FI.
2013-179-RE BEING A BY-LAW to amend By-law 2011-015-RE (the By-law to establish an Appeals Committee to hear appeals brought pursuant to several of the Town’s By-laws).
2013-180-FI A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE (formerly referred to as 2013-153-FI).
CARRIED AS AMENDED
CONFIRMATORY BY-LAW MOVED by Councillor Hargrave SECONDED by Councillor Bannon
THAT Confirmatory By-law 2013-181-MS be read a first, second and third time and passed.
CARRIED
LIST OF PROCLAMATIONS MADE (M00) (Provided for information purposes only) 1. Lung Cancer Month: November 1 - 30
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MOTION TO ADJOURN MOVED by Councillor Bartley SECONDED by Councillor Hargrave
THAT there being no further business the Council meeting be adjourned at 10:30 p.m.
CARRIED
COMMENTS FROM MEMBERS OF COUNCIL DATED at the Town of Whitchurch-Stouffville this 17th day of December, 2013.
Mayor Wayne Emmerson Michele Kennedy, Clerk
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