THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY REGULAR COUNCIL MEETING AGENDA Meeting Place: Municipal Office, 85 Bay Street, Barry's Bay Tuesday, September 17, 2019 4:00 p.m.
Note to the Public - submissions received from the public, either orally or in writing may become part of the public record/package. As of February 16, 2016 all Committee and Council meetings will be recorded and will be available to be listened to on the Township website www.madawaskavalley.ca on the Minutes page Please mute all electronic devices during meetings. Page
1. Call to Order
2. National Anthem
3. Adoption of the Agenda
3.1 Tuesday, September 15, 2019 RECOMMENDATION: THAT the Regular Council Meeting Agenda for Tuesday, September 15, 2019 be approved as presented.
4. Disclosure of Pecuniary Interest
5. Mayor's Address
6. Delegations and Presentations
7 6.1 Sandra Gauthier RE: CO Country Market LCBO Depot Support Request
7. Confirmation of the Minutes
9 - 23 7.1 Regular Council Meeting Minutes - August 27, 2019
RECOMMENDATION: THAT the Regular Council Meeting Minutes of August 27, 2019 be approved as presented.
25 - 29 7.2 Public Meeting Minutes - August 29, 2019
Page
RECOMMENDATION: THAT the Public Meeting Minutes for August 29, 2019 be approved as presented.
31 - 43 7.3 Council in Committee Meeting Minutes - September 4, 2019 RECOMMENDATION: THAT the Council in Committee Meeting Minutes for September 4, 2019 be approved as presented.
RECOMMENDATION: THAT Council approve the following recommendations from the September 4, 2019 Council in Committee Meeting Minutes: Operations: Roads and Waste Management 1. THAT Council in Committee recommend Council accept staff recommendation to direct the Main Street funding allocation for the Wilno community of approximately $6,000 to cover the cost of signage for the Wilno Rink, repairs and painting required to the Wilno Kiosk and the balance of the fund be applied for hiring of contractors required for the creation of a parking lot adjacent to the Wilno Heritage Park; AND THAT Public Works staff do the tree removal and assist with the culvert installation. 2. THAT Council in Committee recommend to Council to approve Tender MV2019-10 Construction Demolition Grinding by National grinding in the amount of $24,295.00 (HST included) subject to requirements of the contract and that it be applied against account 1-12- 17-704031 Waste Disposal C&D Grinding. RECOMMENDATION: THAT Council approve the following recommendations from the September 4, 2019 Council in Committee Meeting Minutes: Operations: Water/Wastewater and Facilities 1. THAT Council in Committee recommend to Council that the $20,000.00 drawn from the Railway Station Reserve and the $15,000.00 drawn from the Economic Development Reserve be placed back in those reserves in 2019; AND THAT approval be given to the Operations Manager to immediately proceed with the tender process in 2020 for the Railway Station Siding Replacement Project; AND FURTHER THAT $20,000 from the Railway Station Reserve and $15,000 from the Economic Development Reserve be drawn from in 2020 for the Railway Station Siding Replacement Project. RECOMMENDATION: THAT Council approve the following recommendations from the September 4, 2019 Council in Committee Meeting Minutes: Fire and Protection and Emergency Management 1. THAT Council in Committee recommend to Council to accept Darcy Sheehan's quote to paint the exterior of the South Fire Hall for the cost of $3,850 plus HST and that it be paid from GL account 1-04-04-
Page
702059. CARRIED. 2. THAT Council in Committee recommend to Council to accept the quote of $14,019 from SCBA CO. to replace 20 Air bottles (10 for each hall) to be expensed to GL Account 1-04-04-799998. RECOMMENDATION: THAT Council approve the following recommendations from the September 4, 2019 Council in Committee Meeting Minutes: Recreation and Community Development Committee 1. THAT Council in Committee recommend Council accept the Combermere and Area Recreation Committee Meeting Minutes for July 15th, 2019 as presented. 2. THAT Council in Committee recommend to Council for staff to proceed with the grant application for the Paul J. Yakabuski Community Centre project based on the projected costs included in Option 2; AND THAT staff investigate the impact of borrowing the money to complete the project. 3. THAT Council in Committee recommend to Council to approve and accept "Datsa Tasty Street Eats" as the successful tender for the Paul J. Yakabuski Community Centre Canteen for the 2019-2020 Skating Season. RECOMMENDATION: THAT Council approve the following recommendations from the September 4, 2019 Council in Committee Meeting Minutes: Planning Matters and Statutory Meeting under Planning Act 1. THAT the County of Renfrew and Township Staff (including the Township solicitor and engineer) meet with the Chippawa Shores representatives to review and prepare the conditions of draft approval for Council’s consideration which would incorporate all of the mitigation measures recommended in the supporting technical studies and peer review comments; AND THAT discussions should include conditions of the subdivision agreement and the roles of the condominium corporation and Township of Madawaska Valley; AND THAT the recommended mitigation measures be captured in the draft conditions and presented to Council for review prior to Council making a formal recommendation to the County of Renfrew. RECOMMENDATION: THAT Council approve the following recommendations from the September 4, 2019 Council in Committee Meeting Minutes: Finance and Administration 1. THAT Council in Committee recommends that Council deem invoices 3760, 3853, 3905, 3973, 1729, 2007, 2068, 2107, 2196, 2253, 2419 and 4421 as non-collectable;
Page
AND THAT the total of the invoices revenues, being $455.45, be written off from the appropriate department. 2. THAT the Township of Madawaska Valley support the Municipality of Chatham-Kent with their resolution regarding Ontario’s farm families, employees and animals.
45 - 47 7.4 Special Council Meeting Agenda - September 9, 2019
RECOMMENDATION: THAT the Special Council Meeting Minutes for Monday, September 9, 2019 be approved as presented.
8. Business Arising from the Minutes
9. Municipal Reports
49 - 53 9.1 Broadband Expansion Letters of Support
RECOMMENDATION: THAT Council approve the Mayor to Sign the letter of support for Network Expansion; THAT Council approve the Mayor to sign the letter of support for Municipal Wireless; AND THAT Council approve the Mayor and CAO/Clerk sign a non- disclosure agreement with Cogeco.
55 9.2 Liquor Sales Licence Application submission to AGCO Council information no recommendation
10. Standing Committees
11. By-Laws
57 11.1 By-Law 2019-82 RE: Authorizing the entering into and execution of a Non-Disclosure Agreement with Cogeco Connexion Inc. RECOMMENDATION: THAT By-Law 2019-82 Being a By-Law to authorize the entering into and execution of a Non- Disclosure Agreement with Cogeco Connexion Inc. be given first and second reading this 17th day of September 2019. RECOMMENDATION: THAT By-Law 2019-82 Be given third and final reading this 17th day of September 2019.
12. Public Meeting & Planning Matters
59 - 65 12.1 Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie Ann Dmytruk
Page
THAT Council consent to the straight line boundary projection to Kamaniskeg Lake on Part Lot 1, Con 8, Radcliffe.(Dmytruk)
13. Correspondence - Information
67 - 71 13.1 County of Renfrew - September 6, 2019 RE: Shared Services - MMAH Grant Funding
14. Correspondence - Action Items
15. New Business
16. Unfinished Business
73 - 77 16.1 Letter from Roger Paul - August 18, 2019 RE: Potential Grounds to Recover Taxpayer Monies From Township Lawyers
79 - 82 16.2 Letter from Roger Paul, August 26, 2019 RE: Potential Grounds to Recover Taxpayer Monies from Township Lawyers
83 16.3 Email from MadValley Current - August 28, 2019 5:44 PM RE: Email to James Di Fiore
85 16.4 Email from Roger Paul - August 29, 2019 RE: HRTO Mediation
87 - 88 16.5 Letter from Roger and Danielle Paul - September 4, 2019 RE: Comments Directed at the Paul's at August 27, 2019 Regular Council Meeting
89 - 90 16.6 Written Presentation From Roger Paul for Madawaska Valley Council Meeting on September 17, 2019
16.7 Report CAO/Clerk - (not attached) (verbal)
17. In-Camera
17.1 RECOMMENDATION: THAT the Meeting enter In-Camera Session to discuss matters pertaining to "the security of the property of the municipality or local board", "personal matters about an identifiable individual, including municipal or local board employees", "advice that is subject to solicitor-client privilege, including communications necessary for that purpose", Ontario Municipal Act 2001, c.25, s.239 (2)(a)(b)(f). 1. Regular Council Meeting Minutes - In-Camera - August 27, 2019 2. Non-Disclosure Agreement - Cogeco Connexion Inc. (confidential)
Page
3. Tele-Conference with Wishart-Law RE: Letter received from Robert Hall - September 11, 2019
18. Return to Open Session
19. Confirming By-Law
91 19.1 By-Law 2019-83 RE: Confirming By-Law Council Meeting of August 27, 2019 RECOMMENDATION: THAT By-Law 2019-83 Being a By-Law to confirm the proceedings of the Council of the Corporation of the Township of Madawaska Valley at a Council Meeting of September 17th, 2019 be given first and second reading this 17th day of September, 2019. RECOMMENDATION: THAT By-Law 2019-83 Be given third and final reading this 17th day of September, 2019.
20. Adjournment
DELEGATIONREQUEST FORM Schedule “A”Procedural By-law 2018-=11?’8.10
TO BEA DELEGATIONAT A REGULARCOUNCILOR COMMITTEEMEETINGyou must complete this form, in its entirety and submit it to the Deputy Clerk. Council Agendas are finalized the Wednesday prior to the meetings. The CAO/Clerk reserves the right to designate the request to the appropriatemeeting upon review of the completedform. Cm in M 5"’ 5,, “,3,” APPLICANT INFORMATION: FiRST NAME : fa LAST NAME!3;; 1?bl?i? 'i'iTLEIORGANiZATiON(if applicable) ?~\’(l_lYlY\cl_( SPOKESPERSOMS): &,Qdi/cg (E;)(1;5 if]
NUMBEROF PEOPLE EXPECTED TO BE IN ATTENDANCE: Z
MAii_iN~GADDRESS: I ()(1)[ ?g! ?fa gg X, Egg 2OC1+_CQrY\b6WYEf€_F_c_>\\&K93: gig)
TELEPHONE NO.: E—MAlL: Has this subject matter been brought to council previously: yes no Please dscribe the to ic or su'ect matter ou wish to address: \ C,‘ Ann‘ , _ "Q I T , Q ;, _,.n_o HQ _
E _gn-an \ ._, on Qmt n . 6.: gt _ ~. \ n. D 53 Bxpqo?xon
I is this a time sensitive issue yes Ino Do you have supporting documentation yes‘ [ Zno
Ifyes: Please ensure documentation is attached or has been forwarded to ggombroski@__madawaskavalIey.ca with the application. Please provide a copy of materialsused in your presentation, if any. to the Clerk 01‘ Deputy Clerk. Materialsprovided prior to the meeting will be circulated to Council/Committee for their review before the meeting. Please be advised all materials including your name form part of the Public Record.
Do ou require ac to audio/visual equiomerit yes
Signature:
1lPage
Sandra Gauthier RE: CO Country Market LCBO Depot Support Request
THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY REGULAR COUNCIL MEETING MINUTES Tuesday, August 27, 2019
Kim Love, Mayor Carl Bromwich, Councillor COUNCIL Ernie Peplinski, Councillor PRESENT: David Shulist, Councillor Mark Willmer, Councillor Suzanne Klatt, CAO/Clerk Gwen Dombroski, Deputy Clerk STAFF: Hilary Kutchkoskie, Operations Manager Cory Quade, Chief Fire Official Christine Hudder, The Valley Gazette Danielle and Roger Paul, MV Current OTHERS: Trevor Smith Miller, MooseFM Magda Ruiz-Pineda, Chris Hanlon, Rod Benjamin, Helen Benn, Margaret Maika, Brian Mizzen, Peggy Young Lovelace, Louisa Marziau
1. Call to Order The Meeting was Called to Order at 4:00 p.m. 2. National Anthem 3. Adoption of the Agenda 3.1 Wednesday, September 4, 2019 2019-01-0827 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT the Regular Council Meeting Agenda for Wednesday, September 4, 2019 be approved as amended. CARRIED. 4. Disclosure of Pecuniary Interest - None 5. Mayor's Address Good afternoon everyone, Since my last Mayor’s Address in June, I have attended many community events and activities, some of which include Graduation at Madawaska Valley District High School, Canada Day weekend celebrations in Wilno, Combermere and Barry’s Bay, and the annual General Meetings of KAPOA and the Kaszuby Cottagers Association. The summer has also been very busy with meetings and announcements from the provincial and federal governments. On June 22nd, I attended the Public Meeting and Information Session held in Eganville for flood affected property owners from this area. Minister Yakabuski was also there to
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
hear the public’s concerns first-hand. Four of these public meetings were held across Renfrew County, and subsequently Minister Yakabuski announced the appointment of Mr. Doug McNeil as Special Advisor on Flooding. Mr. McNeil will assess current roles and responsibilities of governments, agencies and organizations involved in flood management, including any opportunities for improvement; review feedback received; identify focused recommendations; and ensure all recommendations are consistent with the province’s ability to implement them. On July 4th, I was in Bancroft for the announcement by MP Mike Bossio that the Federal government will provide $71 million in matching funding for the Eastern Ontario Regional Network’s project to provide mobile broadband and expand cell service across Eastern Ontario. On July 11th in the Town of Renfrew, Minister Yakabuski announced that the provincial government will be proceeding with the twinning of Hwy 17 from Arnprior to Renfrew. This 22.5 kilometer extension of Hwy 417 should be ready for shovels in the ground in the next two to three years. The project will be done in phases and is expected to be completed within ten years. As a member of Renfrew County’s Highway 17 Extension Committee, it was a privilege to be there for this announcement that is the culmination of many years of lobbying efforts by numerous Mayors, Reeves and municipal staff. On July 26th, Minister Yakabuski was joined by members of Council and staff for his announcement that the province has approved the provincial funding component and is recommending Madawaska Valley’s application to rehabilitate Paugh Lake Road to the Federal government’s Investing in Canada Infrastructure Program. The Federal government is planning to make an announcement about funding for this project later this week. The annual Association of Municipalities of Ontario (AMO) Conference was held in Ottawa from August 18th to the 21st. The CAO and I were both there attending educational sessions, networking, and meeting with provincial government representatives. Prior to the conference, the Minister of Municipal Affairs and Housing, the Honourable Steve Clark, met with the ROMA Board to reinforce the government’s message that the provincial modernization funding received by small, rural municipalities needs to be invested in demonstrable efficiencies. During the conference, Premier Ford and his Ministers made a number of clarifying announcements about healthcare restructuring timelines, provincial funding streams and funding cuts that will being next year. Most of the announced funding cuts will affect services provided by upper tier and regional municipalities. The structure of the Ontario Municipal Partnership Fund will be maintained in 2020. On August 19th, Mayor Donohue, Mayor Brose, Mayor Moore, Ms. Klatt, Ms. Gilchrist and I met with the Solicitor General, the Honourable Sylvia Jones to discuss the government’s plans to improve the animal welfare system in Ontario. We strongly stressed to the Solicitor General that our small rural municipalities have limited financial capacity and no experience investigating animal abuse and cruelty. A copy of the Minister’s Brief provided during the delegation has been included for Council’s information on today’s Agenda. During the conference, the County of Renfrew had delegations with six different Ministries. I was privileged to lend support to the delegation with the Minister of Infrastructure, the Honourable Laurie Scott on the County Road 51 project in Petawawa, and to the delegation with the Minister of Transportation, the Honourable Caroline
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
Mulroney to promote the use of the Ottawa Valley Recreational Trail for Active Transportation. Council and staff were deeply saddened to hear that Bill Weatherbed passed away last week. Bill was Reeve for the Township of Radcliffe from 1981 to 1985. He was a well-respected member of our community who believed in volunteerism and lived that belief to the end of his life. If you’ve bought coffee at The Bean in St. Francis Memorial Hospital then you probably were served by Bill and his wife Dot. On behalf of Council and staff, I’d like to extend our sincere condolences to Dot, Bill’s family and his many friends. 6. Delegations and Presentations 6.1 Merrill Mullen RE: Mullen Road Mr. Mullen attended the table at 4:09 p.m. and provided a history of the property claiming that it originally had five driveways which he assumes that during the years have been removed by Municipal staff leaving only one which restricts his business. He added that in his opinion the driveways can be replaced without culverts as water tends not to drain on that side of the road. The Operations Manager explained that he could not confirm the history of the property regarding the five driveways, but noted that Mr. Mullen placed a second driveway on the property without a permit and staff removed it as the watershed could impact drainage on Mullen Lane without proper culverts in place. Mr. Mullen stated that the second driveway he added was originally there and does not require a permit. Council directed the Operations Manager to further investigate Mr. Mullen's claim and assess the property and Mullen Road and provide a report and recommendation to Council. Mr. Mullen left the meeting at 4:22 p.m. The Meeting resumed to item 7.1 and continued until Ms. Peggy- Lovelace arrived. 6.2 Peggy Young-Lovelace, Director/Independent Consultant, Expertise for Municipalities (E4m) RE: Municipal Recording of 2019 Ms. Young Lovelace attended the table at 5:20 p.m. and advised Council that she was contacted by the CAO/Clerk regarding the recording referencing a death threat and had the result of the recording transcribed by a third party. Ms. Young Lovelace was seeking direction of Council on the transcript and was directed to provide it directly to the OPP and a copy for the CAO/Clerk. It was clarified the Integrity Commissioner has no authority over this matter. Ms. Young Lovelace left the table at 5:25 p.m.
7. Confirmation of the Minutes 7.1 Regular Council Meeting Minutes - June 18, 2019 Mayor Love requested the Regular Council Meeting Minutes of June 18, 2019 Disclosure of Pecuniary Interest be clarified which items were declared on. She also asked that third and final reading of By-Law 2019-60 reflect that it was amended.
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
2019-02-0827 Moved by: Councillor Willmer Seconded by: Councillor Shulist THAT the Regular Council Meeting Minutes for Tuesday, June 18, 2019 be approved as amended. CARRIED. 7.2 Special Council Meeting Minutes - June 18, 2019 2019-03-0827 Moved by: Councillor Peplinski Seconded by: Councillor Bromwich THAT the Special Council Meeting Minutes for Tuesday, June 18, 2019 be approved as presented. CARRIED. 7.3 Council in Committee Meeting Minutes - August 6, 2019 Mayor Love requested that Item 4.1 of the Council in Committee Meeting Minutes for August 6, 2019 reflect that "Council in Committee expressed no preliminary concerns with Mr. Johnston's draft proposal..." 2019-04-0827 Moved by: Councillor Shulist Seconded by: Councillor Peplinski THAT the Council in Committee Meeting Minutes for August 6, 2019 be approved as amended. CARRIED. 2019-05-0827 Moved by: Councillor Bromwich Seconded by: Councillor Willmer THAT Council approve the following recommendations from the August 6, 2019, Council in Committee Meeting Minutes: Operations: Roads and Waste Management 1. THAT Council in Committee recommend Council accept the Naming of High School Road Report as information; AND THAT staff is directed to prepare a comprehensive list of previous name proposals and that each Council Member forward an email to the Operations Manager if they have a recommendation to be included to the list which will be presented at the September Council in Committee meeting. 2. THAT Council in Committee recommend to Council to approve the recommendation of the Operations Manager to replace the Stop sign with a Yield sign on Sunny Hill Road/Curtiss Road AND THAT By-Law 2018-17 Stop Sign By-law be amended to reflect this change. 3. THAT Council in Committee recommend to Council to allow permission in principle for Hydro One to proceed in Layout/Design for primary hydro crossing on unopened road allowance on Hildebrandt Street; AND THAT a Conduit Crossing Agreement be ratified by By-law at a later date.
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
4. THAT Council in Committee recommend Council accept the Public Liaison Committee Meeting Minutes for June 25, 2019 as presented; AND THAT clarification to the Carson, Trout, Lepine and Greenan Lake survey include distinction between area rate and taxation. 5. THAT Council in Committee recommend to Council to direct the Operations Manager to schedule a meeting with Mr. Jason Olsheskie to discuss an easement across his property. CARRIED. 2019-06-0827 Moved by: Councillor Shulist Seconded by: Councillor Browmich THAT Council approve the following recommendations from the August 6, 2019, Council in Committee Meeting Minutes: Operations: Water/Wastewater and Facilities 1. THAT Council in Committee recommend to Council to approve Tender MV2019-06 Water Tower Shingle Replacement by Zuracon Inc. in the amount of $19,051.80 HST included subject to requirements of the contract. 2. THAT Council in Committee accept the Crooked Slide Park Relocation of Change Room Building Report as information; AND THAT Council in Committee recommend to Council to approve the relocation of the Building at Crooked Slide Park to the Combermere Fire Hall location; AND THAT the costs of approximately $10,000 be drawn from any of the list of Reserve Fund(s) with a cost sharing between the Recreation and Fire Departments. 3. THAT Council in Committee recommend to Council to approve the repairs to Crooked Slide Park walkway by Dock Spot in the amount of $5,537.00 HST included. CARRIED. 2019-07-0827 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT Council approve the following recommendations from the August 6, 2019, Council in Committee Meeting Minutes: Fire and Protection and Emergency Management 1. THAT Council in Committee recommend to Council to support a joint initiative between Madawaska Valley Township and the Townships of South Algonquin, Brudenell, Lyndoch and Raglan, Killaloe Hagarty-Richards and North Algona Wilberforce to form a Committee comprised of one member from each municipality and share cost associated with the development of a Community Safety and Well Being plan (CSWB): AND THAT together the five municipalities hire a coordinator to guide the process of developing the plan using the planning process that is being created and implemented in North Hastings as a template;
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
AND THAT participation for Madawaska Valley Township would be conditional to a minimum of 3 municipalities presently members of CPAC(Community Policing Advisory Committee) forming a Committee. CARRIED. 2019-08-0827 Moved by: Councillor Willmer Seconded by: Councillor Peplinski THAT Council approve the following recommendations from the August 6, 2019, Council in Committee Meeting Minutes: Recreation and Community Development Committee 1. THAT Council in Committee recommend to Council to approve the in-kind lounge use for Barry's Bay and Area Minor Hockey Association in coordination of their booked tournament dates for the 2019-2020 hockey season if there are no booked rentals. 2. THAT Council in Committee accept the Paul J. Yakabuski Community Centre Update Report as information; AND THAT Council In Committee recommend to Council to allow staff to proceed with ordering of 'Stop Leak' and budget for approximately $12000.00 from the Paul J. Yakabuski Community Centre capital reserve when required. 3. THAT Council in Committee recommend Council accept the Combermere Heritage Society Meeting Minutes for May 28, 2019 as presented. 4. THAT Council in Committee recommend Council accept the Combermere and Area Recreation Committee Meeting Minutes for June 17th, 2019 as presented. 5. THAT Council in Committee recommend to Council to accept the Donation Request from MVACL to host an event for their organization at the Lakeshore Park Pavilion on August 28, 2019 (rain date August 30, 2019). 6. THAT Council in Committee recommend to Council to accept the Combermere Recreation Committee Membership 2019 Report as information. 7. THAT Council in Committee recommend to Council to approve the donation request from Karis Malszeckias as representative for FWI Media Productions Inc. to use the Municipal Office as a backdrop (as a police station) for the filming of "On the Water". CARRIED. 2019-09-0827 Moved by: Mayor Love Seconded by: Councillor Bromwich THAT Council approve the following recommendations from the August 6, 2019, Council in Committee Meeting Minutes: Planning Matters 1. THAT Council in Committee recommend Council, approve Severance Application B29/19(1) and B30/19(2), for the creation of two rural residential building lots. Subject to, the requirement of a Development Agreement, to implement the Mitigation measures and recommendations from the Surface Water Impact Assessment Report.
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
2. THAT Council in Committee recommend Council approves Severance Application B24/19, as a residential building lot. 3. THAT Council in Committee recommend Council approve Severance Application B03/19(1) and B04/19(2), for the creation of two rural residential building lots. Subject to the re-zoning of the lands described in application B04/19(2) from Rural (RU) to Limited Service Residential (LSR), favourable comments from the County of Renfrew Public Works Department and Ontario Power Generation and subject to the conditions of the Operations Manager and proper entrance installation. 4. THAT Council in Committee recommend Council approves Severance Application B150/18, as a Lot Addition, subject re-zoning to Open Space- Exception (OS-E) as per Consent Planning Report. 5. THAT Council in Committee recommend Council approve Severance Application B05/19(1) and B06/19(2) for the creation of two rural residential lots, and Severance Application B07/19(3), as a lot addition to a rural residential. Subject to comments provided in the Consent Planning Report with respect to County Road widening requirement – as the parcels of land would not otherwise be consolidated as one parcel in future conveyance. The report also requires favourable comments from the County of Renfrew Public Works Department. CARRIED. Mayor Love noted that for clarification purposes the "Municipal Flag Policy" will be referred to as the Flag Policy. 2019-10-0827 Moved by: Mayor Love Seconded by: Councillor Willmer THAT Council approve the following recommendations from the August 6, 2019, Council in Committee Meeting Minutes: Finance and Administration: 1. THAT Council in Committee recommend to Council to have staff bring forward the draft contract, costs savings and the reductions in IT costs and length of contract proposed and if there is the option of trial period engaged upon moving forward with suggestion to Asyst Cloud Based Program. 2. THAT Council in Committee recommends that Council approves Draft Policy B-12 Crossing Guard Job Description as amended to standardize the reference of hours worked and hourly rate paid to reflect the employment by-law. 3. THAT Council in Committee recommends that Council approve the employment of a permanent part-time position of a Junior Accounting Clerk at Group 2 Step 1 of the Non-Unionized Employee Wage Grid. 4. THAT Council in Committee accept the Audit Services Tender Report as information and recommend that Council direct staff to proceed with the audit services tendering process. 5. THAT Council in Committee recommend Council accept the Flag Protocol Policy as presented and have it incorporated into the Corporate Policies and Procedures. 6. THAT the Township of Madawaska Valley support the resolution from the Township of Prince regarding the stand-alone ROMA Conference.
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
7. THAT the Township of Madawaska Valley support the resolution regarding the Renfrew County Legal Clinic. CARRIED. 7.4 Public Meeting Minutes - August 6, 2019 2019-11-0827 Moved by: Councillor Bromwich Seconded by: Councillor Willmer THAT the Public Meeting Minutes for August 6, 2019 be approved as presented. CARRIED. 7.5 Special Council Meeting Minutes - August 15, 2019 2019-12-0827 Moved by: Councillor Shulist Seconded by: Councillor Bromwich THAT the Special Council Meeting Minutes for August 15, 2019 be approved as presented. CARRIED. 8. Business Arising from the Minutes Mayor Love noted that the Renfrew County Legal Aid recommendation is on the next County of Renfrew Council Meeting agenda. 9. Municipal Reports MR-19-54 9.1 Tender MV 2019-09 Supply, Delivery and Stacking of Winter Sand per OPSS Requirements 2019-13-0827 Moved by: Councillor Willmer Seconded by: Councillor Peplinski THAT Council approve lowest Tender MV2019-09 Screen Winter Sand by R.G.T Clouthier Construction Ltd in the amount of $105,044.80 HST included subject to requirements of the contract. CARRIED. MR-19-56 9.2 Replacement of 1989 Pumper Truck The Chief Fire Official sought clarification from Council on the tender for the replacement of the 1989 Pumper Truck. Council discussed the procurement by-law and requested clarification on purchasing a stock vehicle. Direction was given to the Chief Fire Official with conjunction with the CAO/Clerk to research what is available for stock vehicles as it pertains to the needs of the firefighters. In order to streamline the process Council agreed that the Chair and Deputy Fire Chief's will be involved in the procurement process of replacing the pumper truck. Council clarified that the pumper truck will be retendered, in which it will be once the scope has been reviewed. MR-19-58
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
9.3 Crossing Guard Policy B-12 The CAO/Clerk noted that the changes brought forward at the Council in Committee Meeting August 6, 2019 with the Crossing Guard Policy B-12 were implemented and the policy is returning as a By-Law. MR-19-61 9.4 Asset Management Policy GA-06 The CAO/Clerk reviewed the Asset Management Policy GA-06 noting that the policy would be implemented with a By-Law. 9.5 Minister's Brief on Animal Welfare - Mayor Love Presented at the 2019 AMO Conference Mayor Love reviewed the Minister's Brief on Animal Welfare presented at the 2019 AMO Conference stressing that the Municipality does not have the resources to handle animal welfare. Councillor Willmer thanked Mayor Love for presenting at the AMO Conference, commenting that the report was excellent.
10. Standing Committees 11. By-Laws 11.1 By-Law 2019-73 RE: Authorizing the acceptance of the Water Meter Change Out Program proposal and the entering into and execution of the Water Meter Replacement Program and The Software-As-A Service Agreement with Neptune Technology Group Canada Co. The CAO/Clerk clarified that the service agreement and water meter replacement agreement with Neptune Technology Group Canada Inc. was coming back to combine both agreements under one By-Law. Mayor Love questioned if this item was single sourced, in which it was. Mayor Love also clarified that the meters would be replaced over a two year period. The CAO/Clerk noted that the large commercial water meter replacement proposal is forthcoming. Mayor Love also asked staff to provide clarification on which system is being installed the AMR or the AMI system. 2019-14-0827 Moved by: Councillor Willmer Seconded by: Councillor Bromwich THAT By-Law 2019-73 Being a By-Law to authorize the acceptance of the Water Meter Change Out Program proposal and the entering into and execution of the Water Meter Replacement Program Agreement and The Software-As-A Service Agreement with Neptune Technology Group Canada Co. be given first and second reading this 27th day of August 2019. CARRIED. 2019-15-0827
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
Moved by: Councillor Peplinski Seconded by: Councillor Shulist THAT By-Law 2019-73 Be given third and final reading this 27th day of August 2019. CARRIED. 11.2 By-Law 2019-74 RE: Site Plan Agreement - Zuracon Inc. 2019-16-0827 Moved by: Councillor Willmer Seconded by: Councillor Shulist THAT By-Law 2019-74 Being a By-Law authorizing the entering into and execution of a Site Plan Agreement between Zuracon Inc. and The Corporation of the Township of Madawaska Valley be given first and second reading this 27th day of August 2019; IT IS HEREBY recognized of an existing easement located under the main building; AND THAT, provisions on the site plan have been identified for an alternate easement at an alternate date; AND THAT, such easement be surveyed and registered on title to the Municipality. CARRIED. 2019-17-0827 Moved by: Councillor Bromwich Seconded by: Councillor Willmer THAT By-Law 2019-74 Be given third and final reading this 27th day of August 2019 as amended. CARRIED. 11.3 By-Law 2019-75 RE: Corporate Policies and Procedures - Amendment #5 to Human Resources/Administration - Grossing Guard Policy #B-12 and to the General Administration - Asset Management Policy - Policy #GA-06 2019-18-0827 Moved by: Councillor Peplinski Seconded by: Councillor Shulist THAT By-Law 2019-75 Being a By-Law to amend By-Law Number 2014-90 with respect to Policy #B- 12 (Crossing Guard Policy) and with respect to Policy #GA-06 (Asset Management Policy) of the Corporate Policies and Procedures for The Corporation of The Township of Madawaska Valley be given first and second reading this 27th day of August 2019. CARRIED. 2019-19-0827
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
Moved by: Councillor Bromwich Seconded by: Councillor Willmer THAT By-Law 2019-75 Be given third and final reading this 27th day of August 2019. CARRIED. 2019-20-0827 Moved by: Councillor Bromwich Seconded by: Councillor Peplinski THAT the Meeting recess at 5:03 p.m. CARRIED. The Meeting resumed at 5:17 p.m. 12. Public Meeting & Planning Matters - None 13. Correspondence - Information 14. Correspondence - Action Items 14.1 Donation Request - Our Lady Seat of Wisdom College Council requested that the Recreation and Community Development Coordinator ensure that the Donation Requests are reviewed for accurate details prior to being submitted for Council approval. 2019-21-0827 Moved by: Councillor Shulist Seconded by: Councillor Peplinski THAT Council approves the donation request from Our Lady Seat of Wisdom College for an orientation barbecue at Lakeshore Park on August 31, 2019. CARRIED. 14.2 Letter from the Corporation of the Township of Bonnechere Valley - August 15, 2019 RE: Resolution Federal Compensation to all Victims of Highwater 2019-22-0827 Moved by: Councillor Willmer Seconded by: Councillor Bromwich THAT the Township of Madawaska Valley support The Township of Bonnechere Valley with the following resolution: THAT WHEREAS flood victims along the Ottawa River and Great Lakes watershed are still repairing their properties from 2017, and are now facing the same situation in 2019; BE IT RESOLVED that the Township of Bonnechere Valley requests the Federal government must adopt a fairer course to ensure the protection of the public on both sides of the Ottawa River as well as the Great Lakes watershed; BE IT FURTHER RESOLVED that the Township of Bonnechere Valley, requests the Federal government to provide federal compensation to all victims of highwater; FURTHER BE IT RESOLVED that this resolution be circulated to Prime Minister Justin Trudeau; Cheryl Gallant, MP, Renfrew-Nipissing-Pembroke;
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
John Yakabuskie, MPP, Renfrew-Nipissing Pembroke; the Federation of Canadian Municipalities; and all municipalities in the County of Renfrew. CARRIED. 14.3 Letter from Canadian Union of Postal Workers - August 22, 2019 RE: Canada Post Mayor Love reviewed the letter from Canadian Union of Postal Workers regarding Canada Post. Council accepted as information.
15. New Business 16. Unfinished Business 16.1 Letter from the Town of Arnprior - July 10, 2019 RE: Resolution - In-Year Long Term Care Funding Cuts Mayor Love reviewed the resolution from the Town of Arnprior regarding In-Year Long Term Care Funding Cuts. Mayor Love explained that these cuts will take place in 2019 and 2020, noting that it will be difficult to implement the proposed cuts which will result in a cost to the tax payers. 2019-23-0827 Moved by: Councillor Willmer Seconded by: Councillor Bromwich THAT the Township of Madawaska Valley support the Town of Arnprior with the following resolution: WHEREAS the May 30, 2019 announcement regarding the elimination of both the High Wage Transition Fund and the Structural Compliance Program effective August 1, 2019 amount to an 'in year' funding change that reduces provincial funding: WHEREAS reducing provincial funding shifts the funding to the municipal taxpayer, unless service level reductions are implemented; THEREFORE BE IT RESOLVED That the Council of the Corporation of the Town of Arnprior support the County of Renfrew in opposing the in-year long term care funding cuts that have been proposed by the provincial government in the 2019 Ontario Budget; AND FURTHER That a copy of this resolution be forwarded to Doug Ford, Premier of Ontario; Christine Elliott, Deputy Premier and Minister of Health; Merrilee Fullerton, Minister of Long-Term Care; John Yakabuski, Minister of Natural Resources and Forestry and MPP for Renfrew-Nipissing-Pembroke; the Eastern Ontario Warden's Caucus; the Association of Municipalities of Ontario (AMO); Advantage Ontario; the City of Pembroke and all Renfrew County municipalities. CARRIED. MR-19-57 16.2 CAO/Clerk Update on August 6, 2019, Interim Order and OPP Reports The CAO/Clerk provided an update to Council on a Freedom on Information request which has been filed and she outlined the scope of the search and the costs involved in the search. The CAO/Clerk also provided an update on the OPP incident and
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
referred to an opinion piece in the Madawaska Valley Current, noting that the opinion piece did not include the chronological report she had included at the August 6, 2019 Council in Committee Meeting, adding due to this several facts were missing from the opinion piece. Mayor Love noted that the CAO/Clerk made it very clear that no one has come forward or have observed that a threat occurred as well there was no evidence that substantiates the claim filed in the OPP incident. Councillor Peplinski commented on the report but addressed the public with his comments and Mayor Love redirected him to address Council. Council received the report as information. MR-19-63 16.3 CAO/Clerk Report RE: Correspondence from Roger Paul - Recover Taxpayer Money from Township Lawyers The CAO/Clerk provided Council with a request from Roger Paul requesting the Municipality recover taxpayer money form invoices from the Township lawyer Templeman and Menninga. She added that she submitted Mr. Paul's request to Wishart and Law for an opinion and questioned if Council would consider waving privilege in order to further discuss this in Open Session. 2019-24-0827 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT Council waives privilege on the correspondence received on August 27, 2019 from Wishart and Law regarding correspondence from Roger Paul. CARRIED. 2019-25-0827 Moved by: Councillor Bromwich Seconded by: Councillor Shulist THAT Council accept the recommendation from Wishart and Law and not pursue legal action for costs against Templeman Menninga and; and THAT Council directs the CAO/Clerk to forward all future correspondence from Mr. Roger Paul to Council for Consideration at a Regular Council so council can decide what public resources will be allocated to Mr. Paul.
CARRIED. Council Bromwich requested a recorded vote: Councillor Bromwich Yea Councillor Peplinski Yea Councillor Shulist Yea Councillor Willmer Yea Mayor Love Yea 17. In-Camera 2019-26-0827
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
Moved by: Councillor Willmer Seconded by: Councillor Peplinski THAT the Meeting enter In-Camera Session at 6:05 p.m.to discuss matters pertaining to "the security of the property of the municipality or local board", "personal matters about an identifiable individual, including municipal or local board employees", "labour relations or employee negotiations", "advice that is subject to solicitor-client privilege, including communications necessary for that purpose", Ontario Municipal Act 2001, c.25, s.239 (2)(a)(b)(d)(f). 1. Regular Council Meeting Minutes - In-Camera - June 18, 2019 2. Special Council Meeting Minutes - In-Camera - August 15, 2019 3. Correspondence from Wishart Law Firm - August 27, 2019. (Council waived privilege and discussed in Open Session) RE: Correspondence from Roger Paul CARRIED. 18. Return to Open Session 2019-27-0827 Moved by: Councillor Bromwich Seconded by: Councillor Willmer THAT the Meeting enter into Open Session at 6:14 p.m. CARRIED. Mayor Love advised that the Meeting Minutes were accepted as presented. 19. Confirming By-Law 19.1 By-Law 2019-76 RE: Confirming By-Law Council Meeting of August 27, 2019 2019-28-0827 Moved by: Councillor Bromwich Seconded by: Councillor Shulist THAT By-Law 2019-76 Being a By-Law to confirm the proceedings of the Council of the Corporation of the Township of Madawaska Valley at a Council Meeting of August 27th, 2019 be given first and second reading this 27th day of August, 2019. CARRIED. 2019-29-0827 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT By-Law 2019-76 Be given third and final reading this 27th day of August, 2019. CARRIED. 20. Adjournment 2019-30-0827 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT the Meeting adjourn at 6:16 p.m.
Regular Council Meeting Minutes - August 27, 2019 Regular Council Meeting - August 27, 2019
CARRIED.
Regular Council Meeting Minutes - August 27, 2019
THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY PUBLIC MEETING MINUTES Thursday, August 29, 2019
Kim Love, Mayor Carl Bromwich, Councillor COUNCIL Ernie Peplinski, Councillor PRESENT: David Shulist, Councillor Mark Willmer, Councillor Suzanne Klatt, CAO/Clerk STAFF: Gwen Dombroski, Deputy Clerk Silas Lorbetski, Manager of Planning, Development and Licencing Charles Cheeseman and Lindsey Bennett-Farquhar, County of Renfrew OTHERS: (as per attached Sign in Sheet)
1. Call to Order The Meeting was Called to Order at 6:06 p.m. The CAO/Clerk read the following: One of the purposes of the Planning Act is to provide for planning processes that are open, accessible, timely and efficient. Accordingly, all written submissions, documents, correspondence, e-mails or other communications (including your name and address) form part of the public record and will be disclosed/made available by the Municipality to such persons as the Municipality sees fit, including anyone requesting such information. Accordingly, in providing such information, you shall be deemed to have consented to its use and disclosure as part of the planning process. 2. Purpose 2.1 APPLICATION: COMBERMERE LODGE LIMITED _ File #Com- 2019-01 To Hear Persons comments in regards to Zoning By-Law Amendment Application made by the Applicant: OWNER: Combermere Lodge Limited - c/o David Hunter Applicant: ZanderPlan Inc. File #: COM-2019-01 2.2 Page 1 of cover letter from the County of Renfrew - dated August 7, 2019. 2.3 Draft copy of By-Law 2.4 County of Renfrew Planning Division Zoning By-Law Amendment Report to Council - dated August 21, 2019. 2.5 County of Renfrew Planning Division Plan of Subdivision/Plan of Condominium Report to Council - dated August 21st, 2019. 2.6 Summary Chart of Public Comments and County of Renfrew Responses.
3. The Purpose and Effect of the Zoning By-Law Amendment The Manager of Planning, Development and Licencing read the following:
Public Meeting Minutes - August 29, 2019 Public Meeting - August 29, 2019
The subject lands are zoned Tourist Commercial (TC), Residential One – Exception Ten (R1-E10), and Environmental Protection (EP). The purpose of the amendment is to rezone the subject lands to permit a 44-lot residential plan of subdivision. The effect of the amendment is to rezone the lots which will have public road frontage from Tourist Commercial (TC) to Residential One –Exception Sixty Four (R1-E64), and to rezone the lots which will have frontage on the common elements road from Tourist Commercial (TC) and Residential One – Exception Ten (R1-E10) to Limited Service Residential - Exception Fifty-Three (LSR-E53). The LSR-E53 Zone would permit a limited service (single detached) dwelling on a common element roadway under a plan of condominium. The zoning by-law amendment would also establish various building setbacks to the wetlands and surrounding surface water features which were recommended in the Natural Heritage Study and Environmental Impact Assessment and the Surface Water Impact Assessment, both of which were prepared by Geofirma Engineering Ltd. (June 17, 2019), and submitted in support of the proposed development. 4. Report on Application and Notice The Manager of Planning, Development and Licencing read the following items. 4.1 The Notice of Public Meeting were sent out to all affected property owners within 120 m (400 ft.) of the subject application, including all Public Bodies and persons who have requested Notification by e-mail, as required, on August 7, 2019 and on August 8, 2019 (corrected Key Map). 4.2 Notice was posted on the subject property.
5. Notice to Public Bodies - Written responses and/or Telephone Messages The Manager of Planning, Development and Licencing read the following items. 5.1 Conseil des ecoles publiques de l ‘Est de l’Ontario – e-mail dated August 13, 2019 - No comments or concerns. 5.2 Ontario Power Generation – e-mail dated August 15, 2019 – letter dated October 4, 2018 and letter dated August 15, 2019, stating that OPG has no concerns, provided that, “OPG’s rights under the existing Licence of Occupation #7345, see attached Schedule A, for your reference, remain in place”.
6. Written comments/e-mail comments The Manager of Planning, Development and Licencing read the following items. He noted that two additional emails were received after the Agenda was posted and they include: 6.1 Pat Pilgrim, CMO, Dip. M.M. – Hastings Highlands – e-mail dated August 7, 2019; Confirmation of receipt of Notice. 6.2 Suzanne Huschilit, Municipal Clerk – Hastings Highlands – e-mail dated August 8, 2019; concerning Notifications. 6.3 Grace Hunter – e-mail dated August 8, 2019 – comments/concerns. 6.4 Sabine Rohlfs – e-mail dated August 8, 2019 – Confirmation of receipt of Notice.
Public Meeting Minutes - August 29, 2019 Public Meeting - August 29, 2019
6.5 Hugh Prost – e-mail dated August 9, 2019 – requesting to be informed of the decision by e-mail 6.6 Al Stinson – e-mail dated August 9, 2019 – comments/concerns. 6.7 Frank Mallany /Charles Cheesman e-mail dated August 12, 2019 – comments/concerns. 6.8 Charles Cheesman/Frank Mallany e-mail dated August 12, 2019 6.9 Sue Wade / Mayor Love – e-mail dated August 12, 2019 – comments/concerns. 6.10 Michael Craffey – e-mail dated August 13, 2019 - comments/concerns. 6.11 Charles Cheesman/Al Stinson – e-mail dated August 13, 2019 – response. 6.12 Charles Cheesman/Grace Hunter – e-mail dated August 13, 2019 – response 6.13 Charles Cheesman/Frank Mallany – e-mail dated August 16, 2019 – comments/concerns. 6.14 Silas Lorbetski/Charles Cheesman/Al Stinson – e-mail dated August 16, 2019 - comments. 6.15 Silas Lorbetski/Charles Cheesman/Lindsay Fleming – e-mail dated August 16, 2019. 6.16 Frank Mallany – e-mail dated August 16, 2019. 6.17 Frank Mallany/Charles Cheesman – e-mail dated August 16, 2019. 6.18 Doug DeLaMatter/Charles Cheesman/Gwen Dombroski – e-mail dated August 20, 2019 6.19 Greg Rembosz – e-mail dated August 21, 2019 – Objection. 6.20 Frank Mallany/Charles Cheesman – e-mail dated August 21, 2019. 6.21 Dan Olshen (Don Olcheski) – e-mail dated August 21, 2019 – comments/concerns. 6.22 Charles Cheesman/Frank Mallany – e-mail dated August 22, 2019 – response. 6.23 Charles Cheesman/Al Stinson/Doug DeLaMatter/Mike Bouck/Frank Mallany – e-mail dated August 22, 2019 – Updated website Information. 6.24 Joanne DeLaMatter – e-mail dated August 22, 2019 – attached letter. 6.25 Frank Mallany/Charles Cheesman – e-mail dated August 22, 2019 - comments. 6.26 Mayor Kim Love/Susan Wade – e-mail dated August 23, 2019 (August 19, 2019). 6.27 Mayor Kim Love/Mike Bouck – e-mail dated August 23, 2019 (August 19, 2019
7. Verbal report on General or Telephone Inquiries &/or attendances at the Municipal Office - None 8. Planning Reports presented by Planner 9. Presentation by Applicant
Public Meeting Minutes - August 29, 2019 Public Meeting - August 29, 2019
10. Oral and Written presentations (limited to 5 minutes) by those in attendance 10.1 Doug DeLaMatter - email August 19, 2019 (as per item 6.18) Mr. Doug DeLaMatter attended the table at 8:08 p.m. to outline his concerns on the proposed development, including setbacks and access to Green Lake, including environmental concerns (attached). He left the table at 8:17 p.m. 10.2 Al Stinson - email August 29, 2019 Mr. Al Stinson attended the table at 8:17 p.m. to outline the environmental damage to the wetlands and shores (attached presentation) that could potentially occur if measures are not mitigated with the proposed development. He left the table at 8:31 p.m. 10.3 Mike Bouck - email August 29, 2019 Mr. Mike Bouck attended the table at 8:32 p.m. to voice his concerns about the proposed wetlands and the soil tests completed (attached), as well requested a peer review of the river system and how it relates to boating and boat safety. He left the table at 8:43 p.m. 10.4 Katie DeLaMatter Ms. Katie DeLaMatter attended the table at 8:43 to provide a PowerPoint presentation (attached) in regards to the development and past issues on Green Lake with green algae. She referred to the Geofirma tests completed and outlined the information may be missing or incomplete. She expressed her concerns with vegetation removal and wildlife protection and the effects the proposed development will have on the environment. She left the table at 8:57 p.m. 10.5 Mr. Frank Mallany Mr. Frank Mallany attended the table at 8:58 p.m. requesting that the lands are not developed. He left the table at 8:58 p.m. 10.6 Stan Ralph Mr. Stan Ralph attended the table stating that the meeting should have been considered to take place on a weekend when more seasonal residents could attend, explaining that valuable input could be missed. He noted that there is a large concern of additional boating and increased docks in the area of the development. He left the table at 9:01p.m. 10.7 Shirley Hill Shirley Hill attended the table at 9:01 p.m. noting that there has been a considerable amount of time and energy placed on the proposed development and if the concerns and recommendations for the environment were addressed the project could be successful. She left the table at 9:04 p.m. 10.8 Andre Rainu Andre Rainu attended the table at 9:04 p.m. and expressed his concern with the road (Chippawa Road)and how the traffic will impact it and who will maintain it. He left the table at 9:07 p.m.
11. Questions/Discussion by Council - NONE
Public Meeting Minutes - August 29, 2019 Public Meeting - August 29, 2019
12. Notification at Public Meeting - (Must be read at Public Meeting) The CAO/Clerk read the following: Council is also required by Section 34(14.5) to inform the public at the public meeting of who is entitled to appeal to the Local Appeal Tribunal under Sections 34(11) and (19), as follows: Section 34(11) - If Council decides to refuse an application or refuses or neglects to make a decision on an application within 120 days of the municipal clerk receiving the application, the applicant or the Minister of Municipal Affairs, may appeal to the Local Planning Appeal Tribunal by filing an appeal with the clerk of the municipality.
Section 34(19) – Not later than 20 days after the giving of notice of passing of the by- law, the applicant, any person or public body who made oral submissions at the public meeting or made a written submission to Council, before the by-law was passed, or the Minister of Municipal Affairs, may appeal to the Local Planning Appeal Tribunal by filing an appeal with the clerk of the municipality. 13. Adjournment Mayor Love thanked the participants and audience for attending and adjourned the Meeting at 9:10 p.m.
Public Meeting Minutes - August 29, 2019
THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY COUNCIL IN COMMITTEE MEETING MINUTES Wednesday, September 4, 2019
Kim Love, Mayor Carl Bromwich, Councillor (left at 11:49 a.m.) COUNCIL Ernie Peplinski, Councillor PRESENT: David Shulist, Councillor (arrived at 10:40 a.m.) Mark Willmer, Councillor Suzanne Klatt, CAO/Clerk Gwen Dombroski, Deputy Clerk Hilary Kutchkoskie, Operations Manager STAFF: Cory Quade, Chief Fire Official Amanda Hudder, Treasurer Stephanie Plebon, Recreation and Community Development Coordinator Silas Lorbetski, Manager of Planning, Development and Licencing Christine Hudder, The Valley Gazette Danielle Paul, MV Current OTHERS: Tanya Geneau, Kathy Marion, Trisha Sammon, Aimee Hennessy, Scott Stewart, Ashley Pilgrim
1. Call to Order The Meeting was Called to Order at 10:04 a.m. 2. Adoption of the Agenda 2.1 Wednesday, September 4, 2019 2019-01-04 Sep 2019 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT the Council in Committee Agenda for Wednesday, September 4, 2019 be approved as amended. CARRIED. 3. Disclosure of Pecuniary Interest - None 4. Delegations/Subcommittees 4.1 Valley Manor and St. Francis Valley Healthcare Foundation (Valley Manor Redevelopment) RE: Presentation Mayor Love invited Ms. Sammon and Ms. Marion to the table to present them with a donation of $10,000.00 towards the Valley Manor Redevelopment fund, stressing the importance of this project for the community.
5. Operations: Roads and Waste Management
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
Councillor Bromwich, Committee Chair of Operations Roads and Waste Management, presented the following for consideration and recommendation. 5.1 Municipal Reports MR-19-67 5.1 Pat Scott Delegation August 6, 2019 Council in Committee The Operations Manager reviewed the report regarding Ms. Scott's delegation to advise that action items were completed. Council in Committee accepted as information. MR-19-65 5.2 Wilno Heritage Park The Operations Manager reviewed the Wilno Heritage Park report. The CAO/Clerk suggested that since the Ministry of Transportation will not allow a step of stairs exiting the highway towards the Wilno Heritage Park that consideration is given to the Main Street Funding be allocated towards contracting out the parking area expansion at the Wilno Heritage Park. Other projects allocated in Wilno will be the kiosk estimated at $500-$1000 and are awaiting a quote for the Wilno Rink signage. The CAO/Clerk estimated that approximately $4000 would be remaining that could be used towards the Wilno Heritage Park parking lot. Staff was directed to provide feedback regarding the setbacks on the area prior to construction. The Operations Manager suggested that Municipal staff oversee the construction along with the tree cutting and culvert installation. Council expressed concern over the liability of removing trees. Councillor Peplinski suggested that the Wilno Heritage Society is consulted with and approve the park initiative. Moved by: Councillor Bromwich Seconded by: Councillor Willmer RECOMMENDATION: THAT Council in Committee recommend Council accept staff recommendation to direct the Main Street funding allocation for the Wilno community of approximately $6,000 to cover the cost of signage for the Wilno Rink, repairs and painting required to the Wilno Kiosk and the balance of the fund be applied for hiring of contractors required for the creation of a parking lot adjacent to the Wilno Heritage Park; AND THAT Public Works staff do the tree removal and assist with the culvert installation. CARRIED. MR-19-76 5.3 Tender MV2019-10 Construction Demolition Grinding The Operations Manager reviewed the Construction Demolition Grinding Report. MR-19-76 Moved by: Councillor Bromwich Seconded by: Councillor Peplinski
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
RECOMMENDATION: THAT Council in Committee recommend to Council to approve Tender MV2019-10 Construction Demolition Grinding by National grinding in the amount of $24,295.00 (HST included) subject to requirements of the contract and that it be applied against account 1-12-17-704031 Waste Disposal C&D Grinding. CARRIED. 5.2 Correspondence and Information - None 5.3 Unfinished Business - None 6. Operations: Water/Wastewater and Facilities Councillor Shulist, Chair of Operations of Water and Wastewater and Facilities Committee, presented the following items for consideration and recommendation. 6.1 Municipal Reports 6.1.1 Quarterly Performance Report - Ontario Clean Water Agency (OCWA) - August 13, 2019 RE: Reporting Period of April 1st to June 30th Aimee Hennessy, Scott Stewart, Ashley Pilgrim attended the table at 11:27 a.m. Mr. Stewart reviewed the Quarterly Performance Report. Council in Committee accepted the Quarterly Performance Report as information. 6.1.2 Ontario Clean Water Agency RE: Proposal for the Operations and Maintenance of the Township of Madawaska Valley's Water and Wastewater Treatment Facilities Ms. Hennessy received the proposal for the operations and maintenance of both the Water and Wastewater Treatment Facilities. She explained that the proposal includes a 1% increase which reflects the salary and benefits increase. She also added that the cost of chemicals has increase by 50%. Ms. Hennessy further explained that the contract is a cost plus contract but a fixed price option is also available if Council is interested. Mayor Love requested that the fixed price option is presented for comparison purposes. Staff was also requested to provide a report on the past costs for the costs plus agreement report for both the water and wastewater plant. Mayor Love suggested that OCWA provide this Council with the further services they provide and what the costs are along with the benefits of the services. She added that when the reports return to a following Council in Committee Meeting that Ms. Hennessy attend to answer further questions. Ms. Hennessy, Mr. Scott and Mr. Pilgrim left the table at 11:42 p.m. MR-19-77 6.1.3 Tender MV2019-11 Railway Station Siding Replacement Project The Operations Manager reviewed the Railway Station siding replacement project tender noting that he suggests retendering early in 2020. Mayor Love suggested that further discussion is had with the Station Keepers regarding the siding replacement as currently the building is a three season facility. Councillor Shulist suggested the
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
tender is advertised in early January 2020. MR-19-77 Moved by: Councillor Willmer Seconded by: Councillor Peplinski RECOMMENDATION: THAT Council in Committee recommend to Council that the $20,000.00 drawn from the Railway Station Reserve and the $15,000.00 drawn from the Economic Development Reserve be placed back in those reserves in 2019; AND THAT approval be given to the Operations Manager to immediately proceed with the tender process in 2020 for the Railway Station Siding Replacement Project; AND FURTHER THAT $20,000 from the Railway Station Reserve and $15,000 from the Economic Development Reserve be drawn from in 2020 for the Railway Station Siding Replacement Project. CARRIED. Moved by: Councillor Bromwich Seconded by: Councillor Peplinski THAT the Meeting recess at 10:26 p.m. CARRIED. THAT the Meeting resume at 10:29 p.m. 6.2 Correspondence and Information - None 6.3 Unfinished Business - None 7. Fire and Protection and Emergency Management Councillor Peplinski, Chair of the Fire, Protection and Emergency Management Committee presented the following items for consideration and recommendation. 7.1 Municipal Reports MR-19-69 7.1.1 New Fire Radios The Chief Fire Official reviewed the New Fire Radios Report and expressed his appreciation along with the Fire Department on having received the radios. MR-19-70 7.1.2 Painting of South Fire Hall The Chief Fire Official reviewed the painting of the South Fire Hall Report . MR-19-70 Moved by: Councillor Bromwich Seconded by: Mayor Love RECOMMENDATION: THAT Council in Committee recommend to Council to accept Darcy Sheehan's quote to paint the exterior of the South Fire Hall for the cost of $3,850 plus HST and that it be paid from GL account 1-04-04- 702059.
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
CARRIED. MR-19-71 7.1.3 Replacement of SCBA Bottles for Fire Department The Chief Fire Official reviewed the replacement of the SCBA Bottles Report. Mayor Love questioned that if the differences in prices reflect a difference in quality. The Chief Fire Official noted the difference and explained that they have purchased from this company before and if did not reflect the quality. MR-19-71 Moved by: Councillor Willmer Seconded by: Mayor Love RECOMMENDATION: THAT Council in Committee recommend to Council to accept the quote of $14,019 from SCBA CO. to replace 20 Air bottles (10 for each hall) to be expensed to GL Account 1-04-04-799998. CARRIED. MR-19-72 7.1.4 Public Reports Regulation Repeal Council in Committee reviewed the Public Reports Regulation Repeal and accepted as information.
7.2 Correspondence and Information 7.2.1 Announcement from the Ministry of the Solicitor General - July 29, 2019 RE: Fire Protection and Prevention Act and Fire Code Changes Now in Effect The Chief Fire Official reviewed the announcement from the Ministry of the Solicitor General regarding the Fire Protection and Prevention Act and Fire Code Changes Now in Effect, noting the major changes that pertain to the Municipality. Council in Committee accepted as information. Councillor Shulist attended the Meeting at 10:40 a.m.
7.3 Unfinished Business - None 8. Recreation and Community Development Committee Councillor Willmer, Chair of Recreation and Community Development Committee provided the following for Council in Committee consideration. 8.1 Municipal Reports 8.1.1 Combermere and Area Recreation Committee Meeting Minutes - July, 2019 Mayor Love noted that clarification should be made with the Combermere and Area Recreation Committee that the storage shed being moved to the Combermere Community Centre will be shared with the Fire Department and the Combermere and Area Recreation Committee.
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
Moved by: Councillor Peplinski Seconded by: Councillor Bromwich RECOMMENDATION: THAT Council in Committee recommend Council accept the Combermere and Area Recreation Committee Meeting Minutes for July 15th, 2019 as presented. CARRIED. MR-19-66 8.1.2 Celebrate Canada Funding 2019 The Recreation and Community Development Coordinator reviewed the Celebrate Canada Funding 2019. MR-19-64 8.1.3 End of Season Swim Program 2019 - Revised The Recreation and Community Development Coordinator provided a revised Swim Program 2019 Report and reviewed it with Council in Committee. Mayor Love suggested that the Bronze Cross program could be partnered with neighbouring municipalities, Hastings Highlands and Brudenell, Lyndoch and Raglan. Council in Committee acknowledged the importance of the swim program to the community. MR-19-75 8.1.4 New Staff On behalf of the Treasurer, the Recreation and Community Development Coordinator reviewed the New Staff Report, explaining that one of the new employees has since stepped down from a waste site position. She added that they now have assistance for the Facilities Manager to help with ice making and learning the system by reallocating some waste management hours to the Paul J. Yakabuski Community Centre. MR-19-74 8.1.5 Paul J. Yakabuski Community Centre Slab Replacement, Renovation and Upgrades The Recreation and Community Development Coordinator reviewed the Paul J. Yakabuski Community Centre Slab Replacement, Renovation and Upgrades Report noting that she is waiting for an engineer report to confirm the figures that she presented. She explained that a concept design includes moving the ice pad which would not add any additional costs, but should provide efficiency as the heat from the lobby may be causing problems with the ice pad. She added that the size of the ice pad would not be changed by shifting the ice pad. Councillor Bromwich suggested that consideration is given to upgrading the showers and dressing rooms. Mayor Love also stressed the importance to achieve an energy efficient facility and directed staff to research on energy efficient equipment, lighting, and overall energy savings from other municipalities that have renovated their recreation facilities. The Recreation and Community Development Coordinator requested direction from Council on when they would like to proceed with the
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
work at the Paul J. Yakabuski Community Centre as she has received hall rentals for the 2020 season. Council in Committee suggested that the grant application is submitted immediately and that they further discuss their options on the upgrades as well as borrowing funds to complete the upgrades at a future date. Council in Committee agreed that the project would not start until 2021 (March - September). The CAO/Clerk added that this discussion should also be brought forward during the Strategic Planning process.
MR-19-74 Moved by: Councillor Shulist Seconded by: Councillor Bromwich RECOMMENDATION: THAT Council in Committee recommend to Council for staff to proceed with the grant application for the Paul J. Yakabuski Community Centre project based on the projected costs included in Option 2; AND THAT staff investigate the impact of borrowing the money to complete the project. CARRIED. MR-19-73 8.1.6 Paul J. Yakabuski Community Centre Canteen Tender 2019-2020 MR-19-73 Moved by: Councillor Peplinski Seconded by: Mayor Love RECOMMENDATION: THAT Council in Committee recommend to Council to approve and accept "Datsa Tasty Street Eats" as the successful tender for the Paul J. Yakabuski Community Centre Canteen for the 2019-2020 Skating Season. CARRIED. 8.2 Correspondence and Information 8.2.1 Letter from Barry's Bay Recreation Committee - August 28, 2019 Council reviewed the letter from Barry's Bay Recreation Committee, explaining that this was great for the community. Mayor Love suggested that seed money is provided to assist the Barry's Bay Recreation Committee run their first events. The CAO/Clerk suggested that the events are proposed in a business plan and Council would approve level of seed money. Mayor Love and Council noted that they did not want to slow down any events from being planned. Direction was given to the Recreation and Community Development Coordinator to communicate with the Barry's Bay Recreation Committee about planned events and seed money they could use to run the events with the intent that it is paid back at a later date as had been done for Combermere and Area Recreation Committee when first established.
8.3 Unfinished Business 9. Planning Matters and Statutory Meeting under Planning Act
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
Moved By: Councillor Peplinski Seconded By: Councillor Bromwich THAT the Meeting recess at 11:49 p.m. CARRIED. The Meeting resumed at 12:24 p.m. Mayor Love provided the following for Council in Committee consideration. 9.1 Municipal Reports 9.2 Correspondence and Information 9.2.1 Letter from Watson & Associates - August 21, 2019 RE: Comments on Draft Regulations 019-0184 - Changes to the Development Charges Act Council in Committee accepted the letter from Watson & Associates as information.
9.3 Outstanding Matters 9.3.1 Email from David Hunter - September 2, 2019 RE: Shoreline Road Allowance (SRA)
Council in Committee discussed Mr. Hunters email regarding the Chippawa Shores, shoreline road allowance. Council agreed they would not be imposing any special conditions and would be seeking consistency and would not impose different restrictions to subdivisions. Council in Committee noted that to ensure development, should restrictions in the required reports indicate in more sensitive areas they would seek adherence to those recommendations but would not be seeking special site specific conditions unless they were referenced. Direction was given to the Manager of Planning, Development and Licencing to send a letter in response to Mr. Hunter that there are no special provisions for Chippawa Shores. Moved by: Councillor Willmer Seconded by: Councillor Shulist RECOMMENDATION: THAT the County of Renfrew and Township Staff (including the Township solicitor and engineer) meet with the Chippawa Shores representatives to review and prepare the conditions of draft approval for Council’s consideration which would incorporate all of the mitigation measures recommended in the supporting technical studies and peer review comments; AND THAT discussions should include conditions of the subdivision agreement and the roles of the condominium corporation and Township of Madawaska Valley; AND THAT the recommended mitigation measures be captured in the draft conditions and presented to Council for review prior to Council making a formal recommendation to the County of Renfrew. CARRIED. 10. Finance and Administration Mayor Love provided the following for Council in Committee consideration.
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
10.1 Municipal Reports MR-19-53 10.1.1 Ontario Cannabis Legalization Implementation Fund (OCLIF) The Treasurer reviewed the Ontario Cannabis Legalization Implementation Fund (OCLIF) Report. Mayor Love questioned what permitted costs are eligible. The CAO/Clerk suggested that an inquiry is made to determine if the funds can be used towards the development of the Community Safety Well Being Plan (CSWBP). Mayor Love suggested that Councillor Peplinski question at the next Community Police Advisory Committee (CPAC) if there will be a specific billing code for cannabis related calls. MR-19-55 10.1.2 Overdue Accounts Receivable The Treasurer reviewed the Overdue Accounts Receivable Report. MR-19-55 Moved by: Councillor Peplinski Seconded by: Councillor Willmer RECOMMENDATION: THAT Council in Committee recommends that Council deem invoices 3760, 3853, 3905, 3973, 1729, 2007, 2068, 2107, 2196, 2253, 2419 and 4421 as non-collectable; AND THAT the total of the invoices revenues, being $455.45, be written off from the appropriate department. CARRIED. MR-19-79 10.1.3 Student Administrative Assistant Position Wrap Up The Treasurer reviewed the Student Administrative Assistant Position Warp Up report as information. Councillor Peplinski that consideration for a summer student is given during the 2020 budget deliberation. MR-19-62 10.1.4 Overtime 2017-2019 Councillor Peplinski thanked the Treasurer for the Overtime Report and requested that overtime continue to be tracked and reported to Council. MR-19-78 10.1.5 Statement of Revenues and Expenditures The Treasurer reviewed the Statement of Revenues and Expenditures providing an explanation and outlining the discrepancies. She also mentioned that Fire Department received a donation. Council directed the Chief Fire Official to send a letter thanking and recognizing the donation. Council directed staff on the following: - invoice for ball field rentals - adjust the line item for Council remuneration and salaries (coding change) - offset prevention and public education in the fire department with the $500.00 grant received.
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
- ensure that heat is turned off in seasonal buildings (Combermere Senior's Centre) - track volunteer fire department hours when filling out donation requests as volunteer time and not training and allocate accordingly. The Treasurer offered to pull out remuneration from previous years and accurately report and allocate for the fire secretary. - address the economic development (Main Street Funding) as it appears that there was a duplicate entry. - staff to update Council on work completed and work outstanding at Combermere Community Centre. - address alcohol purchase at the Combermere Community Centre - address advertising at the Railway Station - provide Council with an update on work completed on trails and what the allocation of salary time is. MR-19-59 10.1.6 Municipal Accommodation Tax The CAO/Clerk reviewed he Municipal Accommodation Tax Report noting that local businesses and restaurants have inquired what the Municipal stand was on the tax. Mayor Love noted that this topic was presented at County Council and she would forward the information received to Council. Council further discussed the tax and how it could impact local businesses and if it could become a benefit to the community if collected and distributed evenly. Council agreed that they did not want to put any additional burden on the local tourist economy by implementing the accommodation tax. Direction was given to the CAO/Clerk to send a letter to the OVTA advising that they did not require a presentation as the Township of Madawaska Valley would not be implementing a Municipal Accommodation Tax.
10.2 Correspondence and Information 10.2.1 Resolution Chatham-Kent - August 13, 2019 RE: Resolution Regarding Enforcement for Safety on Family Farms Moved by: Councillor Willmer Seconded by: Mayor Love RECOMMENDATION: THAT the Township of Madawaska Valley support the Municipality of Chatham-Kent with the following resolution: WHEREAS agriculture is the second largest industry in Ontario, contributing $13.7 billion annually to Ontario's GDP and is essential for putting food on the tables of millions of people here and around the world; AND WHEREAS in recent months there has been a steady increase in harassment of farmers and livestock transporters by activists opposed to animal agriculture and the consumption of animals; AND WHEREAS the protests have become blatantly illegal in nature with extremist groups trespassing onto private property, unlawfully entering into buildings and removing animals without fear of prosecution and even promoting and publishing their crimes on social media;
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
AND WHEREAS maintaining proper biosecurity is essential to ensure the health and well-being of the animals cared for on these agricultural operations; AND WHEREAS the recent attacks on farmers homes and businesses have resulted in no criminal charges laid, leaving farmers feeling unprotected by the Ontario legal system and afraid for the welfare of themselves, their families, their employees and the animals they care for; NOW THEREFORE BE IT RESOLVED THAT the Council for the Corporation of the Municipality of Chatham-Kent requests that Hon. Doug Downey work with his fellow MPP's and agricultural leaders to find a better way forward to ensure stronger enforcement of existing laws - or new legislation - to ensure the safety of Ontario's farm families, employees and animals. CARRIED. 10.2.2 Resolution Norfolk County - August 13, 2019 RE: Request For Provincial Response to Address Leaking Gas Wells Council in Committee accepted the Norfolk County resolution regarding leaking gas wells as information.
10.3 Unfinished Business The CAO/Clerk noted that the Municipal Office Plans could be presented prior to the September 17, 2019 Regular Council Meeting at 2:00 p.m. during an information session at 2:00 p.m. 11. By-Laws 11.1 By-Law 2019-77 RE: Appointment of Amanda Hudder - Treasurer, as a Deputy Division Registrar 2019-01-04 Sep 2019 Moved by: Councillor Peplinski Seconded by: Councillor Shulist THAT By-Law 2019-77 Being a By-Law to appoint the Treasurer as a Deputy Division Registrar pursuant to the Vital Statistics Act be given first and second reading this 4th day of September 2019. CARRIED. 2019-02-04 Sep 2019 Moved by: Councillor Willmer Seconded by: Councillor Shulist THAT By-Law 2019-77 Be given third and final reading this 4th day of August 2019. CARRIED. 11.2 By-Law 2019-78 RE: Establish a Terms of Reference for the Barry's Bay Recreation Committee 2019-01-04 Sep 2019
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
Moved by: Councillor Willmer Seconded by: Councillor Peplinski THAT By-Law 2019-78 Being a By-Law to establish a Terms of Reference for the Barry's Bay Recreation Committee be given first and second reading this 4th day of September 2019. CARRIED. Mayor Love noted that the Combermere Recreation Committee Terms of Reference will be reviewed at their next meeting and coming back as a By-Law. She also noted that the Committee's will be reporting to the standing committee. 2019-02-04 Sep 2019 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT By-Law 2019-78 Be given third and final reading this 4th day of September 2019. CARRIED. Councillor Shulist suggested the Recreation and Community Development Coordinator invite the newly formed Barry's Bay Recreation Committee to an upcoming meeting. 11.3 By-Law 2019-79 RE: Paul J. Yakabuski Community Centre - Canteen Lease (Tiffany & Dan Klatt - cob as "Datsa Tasty Street Eats") 2019-01-04 Sep 2019 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT By-Law 2019-79 Being a By-Law to authorize the execution of a Lease Agreement between Tiffany Klatt and Dan Klatt, carrying on business as "Datsa Tasty Street Eats" and The Corporation of the Township of Madawaska Valley, with respect to the operation of the Canteen at the Paul J. Yakabuski Community Centre be given first and second reading this 4th day of September 2019. CARRIED. 2019-02-04 Sep 2019 Moved by: Councillor Shulist Seconded by: Councillor Willmer THAT By-Law 2019-79 Be given third and final reading this 4th day of September 2019. CARRIED. 12. In-Camera - None 13. Return to Open Session 14. Confirming By-Law 14.1 By-Law 2019-80
Council in Committee Meeting Minutes - September 4, 2019 Council in Committee - September 04, 2019
RE: Confirming By-Law Council Meeting of September 4, 2019 2019-01-04 Sep 2019 Moved by: Councillor Peplinski Seconded by: Councillor Willmer THAT By-Law 2019-80 Being a By-Law to confirm the proceedings of the Council of the Corporation of the Township of Madawaska Valley at a Council Meeting of September 4th, 2019 be given first and second reading this 4th day of September 2019. CARRIED. 2019-02-04 Sep 2019 Moved by: Councillor Shulist Seconded by: Councillor Willmer THAT By-Law 2019-80 Be given third and final reading this 4th day of September 2019. CARRIED. 15. Adjournment
2019-01-04 Sep 2019 Moved by: Councillor Willmer Seconded by: Councillor Peplinski THAT the Meeting adjourn at 2:18 p.m. CARRIED.
Council in Committee Meeting Minutes - September 4, 2019
THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY SPECIAL COUNCIL MEETING MINUTES Monday, September 9, 2019
Kim Love, Mayor Carl Bromwich, Councillor PRESENT: Ernie Peplinski, Councillor David Shulist, Councillor Mark Willmer, Councillor Suzanne Klatt, CAO/Clerk STAFF: Gwen Dombroski, Deputy Clerk Stephanie Plebon, Recreation and Community Development Coordinator OTHERS:
1. Call to Order The Meeting was Called to Order at 10:04 a.m. 2. Disclosure of Pecuniary Interest - None 3. Adoption of the Agenda 3.1 Monday, September 9, 2019 Moved by: Councillor Willmer Seconded by: Councillor Shulist THAT the Special Council Meeting Agenda for Monday, September 9, 2019 be approved as presented. CARRIED. 4. Municipal Reports 4.1 Councillor Bromwich Strategic Plan Input Mayor Love advised that they would incorporate Councillor Bromwich's comments as he was not available to attend the Meeting. 5. By-Laws - None 6. New Business 6.1 The Path Forward Township of Madawaska Valley’s 2015-2019 Community Based Strategic Plan The CAO/Clerk explained that staff would be updated and briefed on direction after Council has determined on how they would like to proceed with a strategic plan. Council suggested that one plan be created for a five year period that provides goals and objectives, outlining priorities and action items. Mayor Love suggested that the plan is then condensed to a two page document and
Special Council Meeting Agenda - September 9, 2019 Special Council Meeting - September 09, 2019
acts like a report card for Council. Council agreed with items being categorized as short, medium and long term plans, with it overlapping into the new term of Council so that they have time to review after a year into their tenure. The CAO/Clerk clarified that this document would be reviewed annually during budget deliberation to determine resources and funding as well as timelines. Council discussed public input and how to attract input from various groups such as, businesses, seniors, youths, and seasonal residents. It was also noted that there is a value listening to rate payers and their ideas but depending on the requests, they may not all come to fruition. The CAO/Clerk suggested that a facilitator is contracted to conduct the public meetings and facilitate focus groups. Council suggested that some points that need to be include in the plan are - Active transportation - Communication strategies, with the possibility of a mobile app - Senior home and accommodation - Plans for the Municipally owned properties (400 acres, community centres, parks, etc.) - Future parking needs - Review marketing and promotion of railway history and water tower park. - Lobby developers and partner with the County of Renfrew to promote need for senior housing in the area - incentives to developers/as economic development. Open opportunities through zoning to allow for future development/fees. - Inventory of vacant lands municipally and privately owned - Review opportunities and need to extend municipal infrastructure water/wastewater lines further to get more people on the system. - Review of the comprehensive zoning by-law in conjunction with the strategic plan. - Volunteer groups and municipal events 6.2 Economic Development Strategic Plan 2010-2014 Council reviewed areas they would like to see as it pertains to economic development such as: - Review action plans for each sector - Business growth, including the need for a gas station for the Combermere area - Community events during off peak seasons - Lakeshore Park enhancement, (outdoor stage, or portable stage) - Facilitating meetings with volunteer groups to enhance events - Marketing Barry's Bay and Area as an entrance community to Algonquin Park - Recreational Vehicle clean out stations - Assess the need for electric car charging stations and supporting business initiatives for this service - Accessible infrastructure
Special Council Meeting Agenda - September 9, 2019 Special Council Meeting - September 09, 2019
6.3 Age Friendly Community Planning Strategy Staff will incorporate actions items from the Age Friendly Community Planning Strategy into the Strategic Plan. Council directed the CAO/Clerk to provide a report with timelines and quotes for facilitating a strategic session and focus groups. Following discussions Council was in agreement the Strategic Plan could be a Community Based Strategic and Economic Development Plan. 7. Unfinished Business 8. In-Camera 9. Return to Open Session 10. Confirming By-Law 10.1 By-Law 2019-80 RE: Confirming By-Law Special Council Meeting of September 9, 2019 Moved by: Councillor Willmer Seconded by: Councillor Shulist THAT By-Law 2019-81 Being a By-Law to confirm the proceedings of the Special Council Meeting of the Corporation of the Township of Madawaska Valley at a Special Council Meeting of September 9th, 2019 be given first and second reading this 9th day of September 2019. CARRIED. Moved by: Councillor Peplinski Seconded by: Councillor Shulist RECOMMENDATION: THAT By-Law 2019-81 Be given third and final reading this 9th day of September 2019. CARRIED. 11. Adjournment Moved by: Councillor Shulist Seconded by: Councillor Peplinski THAT the Meeting adjourn at 12:22 p.m. CARRIED.
Special Council Meeting Agenda - September 9, 2019
To: Suzanne Klatt, Chief Administrative Officer/Clerk, Township of Madawaska Valley
Suzanne Klatt,
This email follows our meeting earlier today.
As discussed in our meeting, we are seeking your help in pursuing our current efforts to connect your citizens to high-speed Internet service as quickly as possible. The purpose of this e-mail is to provide you with some background about our present application for funding, and to explain why this matter must be dealt with urgently.
Background
In reference to our initial contacts, at which time we shared with you the subsidy programs to be announced soon (CRTC, Universal Broadband Fund, etc.), we are pleased to announce that Madawaska Valley is on the list of projects that Cogeco Connexion has prioritized, and wishes to submit, as part of these programs.
Action required
With this in mind, and also with the aim of maximizing government interest in considering the project(s) submitted, we are respectfully asking you to reiterate your support for our efforts by signing the “Letter of support – Access to high-speed Internet and telecommunications services” attached to this e-mail.
You will notice, in reading this Letter of Support that it is very detailed and explicitly asks the different government bodies to consider the projects submitted by Cogeco. We also wish to help you voice your support by personalizing the letter and adding, among other elements, your logo and a list of the locations that Cogeco is planning to serve as part of the project submitted. Please note that this Letter of Support and its contents are offered to you as a template only; you can adjust its contents as you see fit.
In this way, we are hoping to demonstrate to the government and the CRTC that your municipality absolutely and strongly supports Cogeco’s efforts to improve high-speed Internet coverage in your region. This will maximize the chances for quick acceptance of the projects submitted, and certainly fulfill your expectations for “connecting” your residents as soon as possible.
We thank you in advance for taking the necessary steps to respond to our request; your quick action will improve the chances of your region’s project being approved, for the great benefit of your fellow citizens.
Mobility / Wireless / Cellular file
We would also like to take advantage of this timing to inform you that Cogeco is presently studying the possibility of offering mobility (wireless/cellular) service. While our current effort is focused on Broadband Expansion, we believe it is as important to improve the geographic mobile coverage within your municipality. Cogeco plans to leverage our Broadband network to expand coverage areas and increase competition for wireless services within your Municipality.
Broadband Expansion Letters of Support You may be aware that the CRTC recently announced a consultation to determine the relevance of opening the wireless services market to greater competition. The government is considering easing the regulatory barriers to entering this market with the hope that this will lead to increased competition and lower prices for consumers, while at the same time maintaining private- sector investment.
Cogeco supports this initiative. We have submitted our observations as part of this consultation and are preparing for the second and final round of comments, scheduled for this fall.
We are currently seeking the backing of municipalities so that we can include letters of support in our final brief, due September 2019. We believe that residents and businesses would benefit from greater competition.
We at Cogeco are proposing a new policy and innovative regulatory model, called Hybrid Mobile Network Operator (HMNO). The introduction of this new model would increase competition in the retail market and encourage investments in telecommunications facilities, while requiring limited regulatory intervention, and would provide Canadians with more choice and greater value.
Consequently, in order to minimize the number of requests for assistance to your municipality, we are taking the liberty of immediately seeking your support on this file. In fact, your support is needed to encourage the CRTC to consider this model proposed by Cogeco. You will note that this Letter of support (ref: Telecom notice of consultation CRTC 2019-57: Review of mobile wireless services), also attached to this e-mail, is addressed to CRTC Secretary General Claude Doucet.
Our suggested Letter of support provides more details about the proposed model. We do realize, however, that you may have some questions about signing the aforementioned documents; we remain entirely available to you, if need be, to explain their nature and necessity at this stage of the process.
Once again, we wish to thank you in advance for treating this request, which will benefit your fellow citizens, with the utmost urgency.
Trusting that the above is to your entire satisfaction, please accept our kindest regards.
Sincerely,
Attachments: • Letter of support – Access to high-speed Internet and telecommunications services • Letter of support – Telecom notice of consultation CRTC 2019-57: Review of mobile wireless services
Michael Hennessy Director, 970 Syscon Road Commercial Burlington, Ontario L7L 5S2 Canada Sales cogeco.ca
Broadband Expansion Letters of Support
September 11, 2019
Mr. Claude Doucet Secretary General Canadian Radio-Television and Telecommunications Commission Ottawa (Ontario) K1A 0N2
Re: Telecom Notice of Consultation CRTC 2019-57 Review of mobile wireless services
Dear Mr. Doucet,
We are writing to express our support for Cogeco’s position which is presented to the Canadian Radio-television and Telecommunications Commission (CRTC) as part of the agency’s review of the mobile wireless services in Canada.
Cogeco is proposing a new policy and regulatory model, called Hybrid Mobile Network Operator (HMNO), which would reduce barriers of entry for smaller regional broadband operators who want to create new wireless choices for consumers, while fostering innovation and investments in enhanced network infrastructure. This balanced approach would increase mobile options for communities like ours through smaller regional broadband companies, such as Cogeco, who would now have access to portions of national incumbent wireless networks through the HMNO proposal.
As a municipality, we look to collaborate with private operators like Cogeco to improve access to wireless services at affordable rates for our residents and ensure they can access essential services at any time.
More precisely, we support the HMNO model as a key enabler to achieve our goals as it would: ● offer more flexible development of wireless in regional/rural areas which are often best served by smaller and more local players;
Broadband Expansion Letters of Support ● open the door to Canadian regional players like Cogeco, which already serve regional communities, to offer new wireless services and bring new competition; ● incentivize new investments in network improvements and expansions which are important drivers for local economic development. ● provide more choices when it comes to tools and solutions that unlock opportunities for our residents and businesses.
We strongly encourage the CRTC to consider the proposed HMNO model as a means for all communities to fully engage with each other, the rest of Canada, and the global economy.
Kim Love, Mayor The Township of Madawaska Valley
Broadband Expansion Letters of Support
September 11, 2019
Cogeco Connexion 950 Syscon Road Burlington, ON L7R 4S6
Re: Letter of Support - Collaboration for Granting Access to Broadband Internet and Telecommunication Services in the Township of Madawaska Valley
Dear Mr. Shiu,
We are writing to confirm the support of the Township of Madawaska Valley for Cogeco Connexion’s project(s) and Governmental funding application(s) intended to ensure that all residents of our community have access to Broadband connectivity.
Cogeco Connexion has demonstrated its:
● interest in Madawaska Valley by seeking meaningful consultation to proactively discuss opportunities for providing broadband internet and mobility services within our community; ● desire for mutual collaboration by sharing data, maps, speed test facilities and project relevant information; ● understanding of Madawaska Valley’s connectivity gap and proposing a plan to address it; ● interest to provide the necessary broadband access to the Madawaska Valley’s anchor institutions.
As a municipality, we seek to collaborate with private operators, like Cogeco Connexion, to improve access to broadband services at affordable rates for our residents and ensure they can access essential services at any time. The economic development of our township depends on the availability of the services that Cogeco has proposed. Specifically, we support Cogeco Connexion to:
● propose projects to significantly increase the overall connectivity within the Madawaska Valley . ● jointly identify key anchor institutions, currently underserved or unserved, to be prioritized within our community. ● submit these projects for funding to all relevant broadband and/or infrastructure funding programs. ● actively collaborate with the Madawaska Valley and its residents, to improve access to telecommunication services in our community, in particular to high speed internet services as well as mobility services.
Madawaska Valley strongly encourages the governments of Canada and Ontario, including the CRTC, through funding programs such as the Universal Broadband Fund, the CRTC Broadband Fund and the Broadband and Cellular Infrastructure Program, to consider Cogeco Connexion’s proposed projects as a means for our community to fully engage with other municipalities, the rest of Canada, and the global economy.
We look forward to working in mutual collaboration with Cogeco Connexion.
Kind regards,
Kim Love, Mayor The Township of Madawaska Valley
1
Broadband Expansion Letters of Support
Page 1 of 1
Municipal Report
Subject: Liquor Sales Licence Application submission to AGCO Meeting: Regular Council - 17 Sep 2019 Prepared For: Council Staff Contact: Sue Klatt, CAO/Clerk
RECOMMENDATION: Council information no recommendation
BACKGROUND INFORMATION: The municipality was advised of a submission to AGCO for a Liquor Sales Licence in Madawaska Valley at 19500 Opeongo Line. As per requirements set out by AGCO, the municipality has to; 1. Submit a form with municipal information 2. Submit a form from the Building Department following inspection 3. Submit a form from the Fire Chief following inspection The municipal form has been filled out, the inspections have been completed and following completion of items identified during the inspection, the forms are submitted to AGCO.
Liquor Sales Licence Application submission to AGCO
( A
Being a By-Law to authorize the entering into and execution of a Non- \ DisclosureAgreement with Cogeco Connexion Inc.
WHEREASthe Council ofthe Corporation ofThe Township of MadawaskaValley at a meeting held on September 17"‘,2019 deemed it advisableto enter into a Non-DisclosureAgreement with Cogeco Connexion Inc.
NOW THEREFOREthe Municipal Councilof The Corporation ofthe Township of Madawaska Valley enacts as follows:
1. THAT the Council hereby authorizes the entering into of a Non-DisclosureAgreement with Cogeco Connexion Inc., and authorize the CAO/Clerkto execute the Agreement and to affix the Corporate Seal thereto.
2. THA this By-Law shall come into force and effect as of the date of passing.
READA FIRSTAND SECONDTIME THIS17'"DAY OF September, 2019.
READA THIRDTIME AND PASSEDTHIS17”‘DAY OF September, 2019.
MAYOR— Kim Love
CAO/CLERK— Suzanne Diane Klatt
By-Law 2019-82 RE: Authorizing the entering into and execution of a Non-...
Page 1 of 4
Municipal Report
Subject: Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie Ann Dmytruk Meeting: Regular Council - 17 Sep 2019 Prepared For: Council Staff Contact: Silas Lorbetski, Manager of Planning, Development and Licencing
RECOMMENDATION: THAT Council consent to the straight line boundary projection to Kamaniskeg Lake on Part Lot 1, Con 8, Radcliffe.(Dmytruk)
BACKGROUND INFORMATION: Consent of abutting owner (Municipality)
FINANCIAL IMPACT: None
POLICY IMPLICATIONS: None
ALTERNATIVES: None
ATTACHED: SKM_454e19091112120
Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie A... Page 2 of 4
Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie A... Page 3 of 4
Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie A... Page 4 of 4
>_.=._.._Eo:5 m_m2.. E5 22...: B 5.2:-..m...au o 3:55.: .==E._£ _._o .i._u_. .z3mz .150 m _ due m_.._. _._o=uEE._..__Eu .:..i_w.E_am..a__axm=a:_..._o_lm..:m_z m._mnm>>m_.__.Ew2Buccwm _. ..?m E muqm o.=£:o .2 ..mEt1 m_:mm:O@ 3 mu...2:. ion: mu:m__o._.5 anan: ax. bczooa5 .3 >__mu_.mEQ_._u Q ._m_._m 22..muaw___§<:_2uems:?,>:xaWmoz, .8 5? >:u E aEm__ anE... Swecmm Swccwm vmuzu?nmm? an...n_.._._. >=.__._oo ..._o=nm_>a:9 S 2:. 3.5 B b=_._oo2: Momcmguxwmin _mum..._mom0n_._£:O a mu.8... mca_.wuu_ .mw.=:m£S £322 m5 3 23.5: E wu_._wu_._#5:: ._m__&=muse 5_>> H.395. mdmv _.m.mNN 8 .§wu_u=_ 33.... w9.5.. mm._ca . .3... 25.
2§...._..,_,_.ug..s_ an...E: S ccungumu..w.:m mayo2 20 u N._.D,:_ ZGU 5.. IO‘.
.c=mmo_ m5 5 E35 3 EE __m6: w_ .m_> m._m>m_S ._anE=: 2.. :0 u:_u:¢amn_
:.\..$.
uaouummaezm n__.am.__.o acaméo uanmaa .320 wZGU N#0.. m.u>tm
_I§umumm _nn__u_==E
E=_m=_u: _wn__u_:=_2 >E_._nU
.322: _...2__>.§ mumom >UOm.m.m>> .—zm:mm
Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie A... Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie A... Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie A... >_.=._.._Eo:5 m_m2.. E5 22...: B 5.2:-..m...au o 3:55.: .==E._£ _._o .i._u_. .z3mz .150 m _ due m_.._. _._o=uEE._..__Eu .:..i_w.E_am..a__axm=a:_..._o_lm..:m_z m._mnm>>m_.__.Ew2Buccwm _. ..?m E muqm o.=£:o .2 ..mEt1 m_:mm:O@ 3 mu...2:. ion: mu:m__o._.5 anan: ax. bczooa5 .3 >__mu_.mEQ_._u Q ._m_._m 22..muaw___§<:_2uems:?,>:xaWmoz, .8 5? >:u E aEm__ anE... Swecmm Swccwm vmuzu?nmm? an...n_.._._. >=.__._oo ..._o=nm_>a:9 S 2:. 3.5 B b=_._oo2: Momcmguxwmin _mum..._mom0n_._£:O a mu.8... mca_.wuu_ .mw.=:m£S £322 m5 3 23.5: E wu_._wu_._#5:: ._m__&=muse 5_>> H.395. mdmv _.m.mNN 8 .§wu_u=_ 33.... w9.5.. mm._ca . .3... 25.
2§...._..,_,_.ug..s_ an...E: S ccungumu..w.:m mayo2 20 u N._.D,:_ ZGU 5.. IO‘.
.c=mmo_ m5 5 E35 3 EE __m6: w_ .m_> m._m>m_S ._anE=: 2.. :0 u:_u:¢amn_
:.\..$.
uaouummaezm n__.am.__.o acaméo uanmaa .320 wZGU N#0.. m.u>tm
_I§umumm _nn__u_==E
E=_m=_u: _wn__u_:=_2 >E_._nU
.322: _...2__>.§ mumom >UOm.m.m>> .—zm:mm
Shoreline Road Allowance Closure RE: George Philip Dmytruk and Natalie A...
County of Renfrew - September 6, 2019 RE: Shared Services - MMAH Grant F... Report No.
Corporation of the 030222019A Township of Bonnechere Valley File No. Date Directed to: Mayor J. Murphy and Members of Council March 22nd, 2019
Department: General Government Prepared By: Bryan Martin Subject: MMAH grant funding
RECOMMENDATION
Staff recommends to council,
1) That a working group of all 17 lower tier municipalities be struck to find greater efficiency within the county as a whole 2) That the county assists in a collaboration of the lower tiers in undertaking service delivery reviews within the County of Renfrew. The goal of the committee would be to modernize service delivery and reduce future long term costs to the county and lower tier municipalities. 3) That council should ensure this is an urgent priority within the county given fiscal year funding concerns. 4) That the funding received for service delivery review be put into reserves until a plan for its allocation is brought forward 5) That this report be filed with the County of Renfrew and participating municipalities for information and consideration
REPORT Origin
Honorable Steve Clark, Minister of Municipal Affairs and Housings letter dated March 20th,2019.
Background
On March the 20th 2019 the Minister of Municipal Affairs provided investment to municipalities in the province intended to help modernize service delivery and reduce future costs through investments in projects such as: service delivery reviews, development of shared services agreements, and capital investments.
County of Renfrew - September 6, 2019 RE: Shared Services - MMAH Grant F... Discussion
It is recommended that the County assist and lead a collaboration and partnership of a committee of lower tier representatives to undertake a service delivery review.
It is anticipated that significant changes are forthcoming in funding allocations to municipal governments in the province beginning in our 2020 fiscal year. Attached is a chart from the Eastern Ontario Wardens Caucus which shows the value of the Ontario Municipal Partnership Fund by municipality and as a percentage of taxation revenue. Although the importance of this fund varies by municipality it is obviously a vital part of municipal funding and therefore council should ensure this is an urgent priority within the county given fiscal year funding concerns.
Based on funding allocations provided to local municipalities in the County of Renfrew it is anticipated the Minister, will be expecting to see significant cost savings in all operations. It is unrealistic to believe that the savings being expected can be attained by a single municipality or even a small group of municipalities. This effort needs to be a collective effort of all municipalities within the county and should likely include the City of Pembroke.
I have provided the breakdown of provincial funding to each municipality in the County. Attached Schedule “A”
A breakdown of the Ontario Municipal Fund as a percentage of taxation by county municipality. Attached Schedule “B”
County of Renfrew - September 6, 2019 RE: Shared Services - MMAH Grant F...
Schedule “A”
Municipal Funding from MMAH March 2019
MUNICIPALITY AMOUNT
Renfrew County $725,000
Arnprior $646,946
Deep River $507,786 Laurentian Hills $414,957 Renfrew $642,009 Petawawa $670,329 Admaston-Bromley $397,760 Bonnechere Valley $592,479 Brudenell, Lyndoch and Raglan $353,934 Greater Madawaska $607,697
Head, Clara and Maria $203,410 Horton $411,443 Killaloe, Hagarty and $448,797 Richards Laurentian Valley $642,370 Madawaska Valley $620,124 Mcnab-Braeside $620,512 North Algona Wilberforce $478,939
Whitewater Region $629,888 Total $9,614,380 City of Pembroke $725,000
County of Renfrew - September 6, 2019 RE: Shared Services - MMAH Grant F... Schedule “B”
OMPF
2017 Tax Municipality Tier 2018 OMPF Levy*** percentage RENFREW CO UT - Arnprior T LT 1,275,100 9,077,182 14.0% Deep River T LT 321,400 4,102,514 7.8% Laurentian Hills T LT 242,900 2,839,464 8.6% Petawawa T LT 468,400 8,310,127 5.6% Renfrew T LT 2,281,800 7,495,520 30.4% Admaston-Bromley Tp LT 485,600 1,920,464 25.3% Bonnechere Valley Tp LT 1,512,300 3,178,359 47.6% Brudenell, Lyndoch and LT 788,800 1,180,490 66.8% Raglan Tp Greater Madawaska Tp LT 576,500 2,856,238 20.2% Head, Clara and Maria Tp LT 68,100 497,206 13.7% Horton Tp LT 227,700 2,175,136 10.5% Killaloe, Haqarty and LT 966,000 2,447,281 39.5% Richards Tp Laurentian Valley Tp LT 601,600 5,469,262 11.0% Madawaska Valley Tp LT 1,513,400 3,972.029 38.1% McNab-Braeside Tp LT 494,500 5,225,254 9.5% North Alqona- LT 573,400 2,706,411 21.2% Wilberforce Tp Whitewater Reqion Tp LT 1,160,100 4,900,214 23.7% Total 13,557,600 64,385,094 23% Pembroke C ST 1,369,200 20,515,784 6.7% Source EOWC Financial Stability Report ROMA 2019
Respectfully Submitted,
Bryan Martin, CMMIII
CAO
County of Renfrew - September 6, 2019 RE: Shared Services - MMAH Grant F...
Roger Paul, J.D. 351 Matcheski Road PO Box 1097 Barry’s Bay ON K0J 1B0 Tel: 613 518 1094 [email protected]
CAO/Clerk Suzanne Klatt Township of Madawaska Valley 85 Bay Street Barry’s Bay ON K0J 1B0
Via email to: [email protected] And to: [email protected], [email protected], [email protected], [email protected], [email protected]
18 August 2019
Dear CAO Klatt
Potential grounds to recover taxpayer monies from Township lawyers
You may recall that I have spoken to you in the past about my deep concerns regarding the representation of the taxpayers of this community by the Templeman Menninga law firm, both with respect to the HRTO proceedings and the Rosien claim. This letter will be limited to identifying matters arising from the former. For the benefit of the recipients of a copy of this letter, and others who may ultimately end up reading it, it is important to note that the conduct I refer to below has been identified by somebody who practised exclusively in the area of civil litigation for more than thirty years. To that extent, therefore, I am an “expert witness” with the additional benefit of having participated in the events that have prompted this letter.
I had deferred writing to you earlier because I was awaiting the decision of the IPC Adjudicator as this would bring to a conclusion all the proceedings arising from the subject matter of the HRTO claim. That decision, coupled with reading some of the documents we have now seen for the first time, provides further reinforcement for my conclusion that the large, and disproportionate, amount of money that ended up in Templeman Menninga’s coffers was avoidable and therefore unnecessary, and was also exacerbated through their incompetence.
The compelling premise for this conclusion is based on one simple and incontrovertible fact. Danielle’s claim was resolved as a result of the parties’ participation in a mediation. However, that mediation took place fifteen months later than it should have ocurred by which time, by my estimate, between $75,000
1
Letter from Roger Paul - August 18, 2019 RE: Potential Grounds to Recove... and $100,000 had been (mis)spent when all the legal costs, compensation and other related expenses are added up.
1. Alternative Dispute Resolution
Before I get to the facts, I must bore you with a little bit of history as background so as to understand one of my primary complaints about Kristen Eliot vis-à-vis her professional obligations. Alternative Dispute Resolution (ADR) refers to three commonly used methods; i.e., negotiation, mediation or arbitration, to attempt to settle disputes before they end up in court. As the website settlement.org notes, “Using ADR methods early can save you both the time and money involved in taking a dispute to court.” In recent years the use of ADR has proliferated, fuelled by the overriding concern over the affordability of litigation for most people coupled with the need to reduce the burden on the civil court system.
This explains why a few years ago the Law Society of Upper Canada, as it was then known, added the following requirement to its Code of Conduct:
S. 3.2-4 which is headed “Encouraging compromise or settlement” of the Code says as follows:
“A lawyer shall advise and encourage the client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and shall discourage the client from commencing or continuing useless legal proceedings.
“Commentary (1. It is important to consider the use of Alternative Dispute Resolution (ADR). When appropriate, the lawyer should inform the client of ADR options and, if so instructed, take steps to pursue those options.”
This has also been referred to as the “anti-shark rule.”
Accordingly every Ontario lawyer owes his/her clients the duty of proactively considering and promoting ADR so as to strive to keep them out of potentially expensive court proceedings. Please bear this in mind as you digest the facts that I reveal below.
2. Proposal to use ADR including mediation rejected
Because of my familiarity with the above principles, Danielle included in a letter sent to Craig Kelley on May 15 2016 (Record #132 in your IPC Index); i.e., three days before Kristin Eliot was retained, the following invitation:
“As recommended by the OHRC we should make attempts to resolve this by negotiation with a view to avoiding the necessity of my bringing such an application [referring to a possible HRTO application]. To this end I am of course willing to participate in Alternative Dispute Resolution including mediation. I therefore look forward to your suggestions for a date and time for this purpose.”
Moreover, the additional documents that you gave to Danielle following the IPC Adjudicator’s Order has disclosed this eminently sensible advice sent in an email by Bruce Beakley to Craig Kelley and copied to Mayor Love dated May 15. (Record #132) He said the following:
“I read Danielle’s correspondence as a settlement expectation but she would continue to work for you. For a variety of reasons you and your Council need a lawyer to advise you about mediation, options for the employment relationship, and settlement of the damages being
2
Letter from Roger Paul - August 18, 2019 RE: Potential Grounds to Recove... requested. This could become an even bigger public mess and both you and the Mayor need to be seen to have taken all the appropriate steps to resolve this whole mess.”
On top of this, Templeman Menninga would have seen the boldly-worded recommendation contained in Danielle’s claim form advising the parties to participate in ADR including mediation.
Yet despite this, all the contemporaneous documents I have seen, including of course correspondence with Danielle’s counsel and myself, reveal no interest whatsoever was expressed by Templeman Menninga in proceeding to mediation. I can also show you a letter I wrote to Eliot in November 2016 in which I repeated word for word the original May invitation to use ADR.
In fact, after much (expensive) water had passed under the bridge, the HRTO Vice-Chair who conducted the Case Management Conference in April 2017 raised the topic again. This resulted in an attempted mediation a couple of months later. However, this had to be aborted because Eliot turned up to it purporting to represent both Councillor Peplinski and the Township; this despite the fact that at the same Case Management Conference it had been agreed that she would no longer act for him – believe me, I am not making this up. This resulted in a wasted trip to Ottawa for all concerned.
3. Actions taken by Templeman Menninga following invitation to mediate
One of the first things Eliot did in correspondence was to disdainfully refer to Danielle’s claim as being a “tempest in a teapot.” One could with justification certainly dispute this as the HRTO claim included the serious allegation of a reprisal based on the public attempt to attack the propriety of one of Danielle’s expense claims. Nonetheless that is how Eliot chose to characterize it so one would have thought that her overriding objective would be to take all necessary steps to hit it on the head as quickly and as inexpensively as possible -- in other words, to do what her Code of Conduct required her to do.
This proved to be far from the case. What she in fact did after the HRTO Application arrived on her desk was to immediately commence three separate, costly, Interim Applications for Orders, none of which eventually succeeded. These included an Application that the HRTO proceedings be suspended until the Township’s Integrity Commissioner had completed his investigation. Bizarrely she did this shortly after she had taken the exact opposite position; i.e., that the Integrity Commissioner’s investigation should be suspended pending finalization of the HRTO proceedings – again, I am not making this up!
It is significant to note that Eliot launched these Applications without first enquiring of me, as I was representing Danielle at the time, whether I would consent to such Orders, thereby avoiding the necessity of incurring the substantial legal costs in bringing them. She simply launched them out of the blue. I remind you that this is in respect of a matter that she had only recently described as a “tempest in a teapot.”
These actions on her part forced us to retain specialist counsel. That counsel agreed with me that Eliot’s actions were unnecessarily adversarial. However, because of time limits imposed in responding to the Applications, our counsel was required to spend a substantial amount of time preparing responses to each of them. In one of those responses, she made submissions to the Tribunal at this early stage that there existed a clear conflict of interest in Eliot acting for both the Township as well as Councillor Peplinski. Eliot did not, even though she was entitled to, file any response to the three response submissions.
3
Letter from Roger Paul - August 18, 2019 RE: Potential Grounds to Recove... One upshot of this was that the legal fees that Danielle incurred were reimbursed to her as part of the final settlement which took place over a year later.
4. Mediation ultimately successful
When a proper mediation; i.e., with Cllr Peplinski and the Township separately represented, took place on the day scheduled for a final hearing, the claim was settled. It was settled on terms that reflected exactly what Danielle had asked for in the original HRTO Application itself fifteen months previously. It goes without saying, therefore, that the same terms would have been accepted by her, had mediation taken place at the beginning, when it should have, rather than at the end. It is also a matter of record that Danielle’s only request following the original harassment, but before the reprisal incident, was for Cllr Peplinski to provide an apology.
My file will also reveal that during the intervening period, the unmitigated adversarial tactics of Templeman Menning became more entrenched, leading them to resort at times to personal insults directed at Danielle and myself (including the very serious and completely unjustified allegation that I was falsely holding myself out as being a practising lawyer). On one occasion Maureen Houston, Eliot’s “supervising” partner, in an email called Danielle a “dingbat.” This was just one example of the pettiness and petulance that pervaded their correspondence.
5. Costs related to Freedom of Information request
The recent decision of the IPC Adjudicator confirms that the initial response to this request and the subsequent appeal exposed Township taxpayers to further unnecessary legal expenses. I assume it is beyond dispute that the Adjudicator’s comment in her decision about the Township’s “flawed interpretation of its obligations under the Act” arose entirely as a result of Eliot’s representation. My file proves that the IPC process, including the subsequent appeal, was subject to the same ill-informed and hostile conduct as the proceedings themselves, thereby also contributing to unnecessary and exacerbated legal costs.
The IPC Adjudicator’s decision also supports my contention that the IPC mediation process failed entirely because of Eliot’s conduct.
6. What are my motives for agitating that action be taken?
As a taxpayer I am appalled at the flagrant disregard of how our money, as well as the Township’s insurer’s money, was apparently frittered away in the manner I have outlined above. I was also exposed to other examples of Eliot’s unprofessional conduct which are documented in your HRTO file, including:
writing to Danielle and falsely stating that the Integrity Commissioner’s Code of Conduct investigation had been suspended. (This was confirmed by Rosien in his own sworn evidence in his claim against the Township.) attempted witness intimidation, as set out in the three Affidavits by Danielle, Anya Gansterer and myself; namely allegedly advising that Paul Nopper and Anya should have no contact with Danielle and myself, social or otherwise, upon pain of losing their jobs.
Moreover, and perhaps just as importantly, while all this money was haemorrhaging its way down to Belleville, cutbacks were being implemented in, among other things, worthwhile community programming and economic development projects. We had already by this time nearly reached the end
4
Letter from Roger Paul - August 18, 2019 RE: Potential Grounds to Recove... of the “nickel-and-diming” tactics aimed at the Railway Station. Later in 2017 the Madawaska Valley Extended Swim Program was abandoned because of unwillingness to pay the estimated $20,000 Township contribution. This meant reversing Council’s decision made in May 2017 to accept the grant of $77,500 for a program that was projected to benefit 500 participants.
7. Questions that need to be answered
1. Why was Danielle’s invitation, and County’s advice, to participate in mediation rejected?
2. Did Templeman Menninga in fact comply with their Code of Conduct requirements but, having done so, were they then instructed not to participate in ADR and instead proceed all the way to a final hearing? This does not seem at all logical for reasons outlined above, but nonetheless it is a question that needs to be answered as it might satisfactorily answer my complaint in this regard.
3. Was the Township’s insurer made privy to the invitations and recommendation for mediation? Given that the insurance industry has been in the forefront of advocating ADR, it would be surprising if your insurer, if consulted, would have approved bypassing it. This would have been especially the case if Eliot also told them that she thought it was a “tempest in a teapot.”
8. Next steps
Speaking as someone who has occupied the position of a managing partner of a law firm, if a tale like this ended up on my desk as a complaint, I would be extremely concerned and would want to make it go away as quickly and as economically as possible. I therefore suggest that serious consideration be given, after taking independent advice if you feel it necessary, to putting these concerns to Templeman Menninga and seeking an explanation for Eliot’s conduct. If you decide to take this route, I confirm that I will make myself available with my file so as to speed up that process and minimize additional legal costs. In the absence of plausible explanations, then negotiations should then take place with a view to reimbursing the taxpayers. Remember, as you will see from the above chronology, that Danielle’s invitation and Beakley’s advice both occurred before one cent in legal costs had been incurred.
Finally, please note that everything I have said in this letter is capable of corroboration from contemporaneous correspondence and documentation available for your inspection should you wish. In the meantime I remain very interested in your response.
Kind regards,
Yours sincerely,
Roger Paul
Copies: Mayor Love and all members of Council
5
Letter from Roger Paul - August 18, 2019 RE: Potential Grounds to Recove...
Roger Paul, J.D. 351 Matcheski Road PO Box 1097 Barry’s Bay ON K0J 1B0 Tel: 613 518 1094 [email protected]
CAO/Clerk Suzanne Klatt Township of Madawaska Valley 85 Bay Street Barry’s Bay ON K0J 1B0
Via email to: [email protected] And to: [email protected], [email protected], [email protected], [email protected], [email protected]
26 August 2019
Dear CAO Klatt
Potential grounds to recover taxpayer monies from Township lawyers
Thank you for your email advising me that you will be asking Council “for direction if they wish to proceed to recover taxpayer monies …”
Why do you need to do this, as surely that decision falls within your role as Chief Administrative Officer. It has little, if anything, to do with “policy” and is simply a fact-driven question of whether proper grounds exist to pursue recovery of arguably misspent taxpayer funds. It is also the case that because of the following history giving rise to the proceedings in question, some members of Council may feel with justification that they have a conflict of interest.
Rejection of the independent expert’s report
Ironically, it was improper encroachment by the previous Council on the CAO’s exclusive responsibilities that gave rise to the escalation of Danielle’s complaint in the first place. For your information, this is the sequence of events that gave rise to the commencement of those proceedings:
1. When Danielle failed to receive an apology for conduct which almost everybody recognized at the time as probably offending the Human Rights Act, Craig Kelley, confirming to her that it smacked of Human Rights harassment, told Danielle that she had two options: a. Go straight to the HRTO and start a claim; or, b. “Keep it in-house.”
1
Letter from Roger Paul, August 26, 2019 RE: Potential Grounds to Recover... 2. She chose the latter which resulted in her, as an employee, with Craig Kelley’s assistance, invoking the Township’s Corporate Policies & Procedures/Employment A-04 - Ontario Human Rights Code violation. She therefore filed the appropriate complaint under that Policy. 3. When that did not result in an apology but rather, as we were later informed, counter- accusations by Councillor Peplinski, Craig Kelley was left with no alternative under Human Rights investigation guidelines but to appoint an independent investigator. Such an investigation gives rise to binding conclusions, save for under very limited exceptions. 4. The individual Kelley chose was an experienced investigator who specialized in Human Rights/employment issues and who counted among her clients the federal government. (Guy Giorno’s subsequent dismissal of her findings on the basis that she was not a lawyer was misconceived, given her reputation in that field. In any event, had he checked he would have learned that in her consulting firm were specialist Human Rights lawyers who worked in conjunction with her. Giorno himself, I believe, has no experience in Human Rights law, his current practice being described as “political and lobbying law.”) 5. Shortly after the independent investigator was appointed, Danielle was subjected to a baseless public attack about one of her expense claims causing her superior to tell her that she was “being targeted.” Mayor Love will no doubt recall the correspondence I had with her following publication by the Valley Gazette of the defamatory insinuations. 6. After completing her investigation which, unlike Giorno’s, was thorough and comprehensive the independent investigator filed a report which, to hardly anybody’s surprise, found that there had been a breach of the Human Rights Code. 7. This is where everything goes off the rails. Under the aforesaid Township Policy, and also under the Common Law, Kelley, as her employer, was constrained to uphold Danielle’s complaint without further ado; otherwise what is the point of spending $8,000 on such an investigation? Instead of doing this, he presented the expert’s report to Council, who was not her employer (I do not know whether he did this of his own volition or whether Council required him to), but by so doing he abdicated from his clear legal obligation as a municipal corporation’s CAO. 8. Council’s actions in interfering in the Township’s complaint scheme for employees was manifestly improper, not only because of what I say above but also as it involved a complaint made against one of its members. Also, we were told at the time, that member was allowed to participate and vote in the consideration of the investigator’s report. It is for these reasons that Danielle included in her Human Rights claim form a request that the Township address its questionable Human Rights policies and practice. This explains why one of the terms of settlement that was agreed to was that there should be Human Rights training. 9. As discussed below, the requirement of training and further misbehaviour by Templeman Menninga resulted in the need for Danielle to return to the Tribunal which resulted in further wholly avoidable legal costs.
Contravention Application
In my letter of August 18 I made no reference to the subsequent proceedings arising from Kristin Eliot’s breach of confidentiality and failure to confirm that there had been compliance with the aforementioned training obligation. By the time of the completion of these proceedings, you were on board but I had forgotten that that happened only late in the proceedings and that you are therefore
2
Letter from Roger Paul, August 26, 2019 RE: Potential Grounds to Recover... probably unfamiliar with what I would describe as Part 2 of Templeman Menninga’s profligacy. It might be helpful therefore if I give you a short summary.
1. In October 2017, in support of his request to be reimbursed for expenses relating to the Human Rights Tribunal, Councillor Peplinski made the following public statement: “I think it is important that people understand what these costs are. Every time that something is done like this there are consequences and costs, and I think it is important for people to know that. I am more than happy to do that.” 2. Please refer to a letter in your file sent to him and Doug Robertson dated November 3 in response to that statement. In that letter Danielle said that she agreed with his proposal; i.e., that the public should know the full “consequences and costs,” and therefore she was prepared to waive the confidentiality requirements imposed in the Minutes of Settlement. This provoked only a threat from Eliot that if we disclosed the confidential settlement, Danielle would be met with a contravention claim. Given what Eliot had already done when she made that threat, this response on her part was contemptible. 3. This is because subsequently it was revealed that she, behind Danielle’s back, had already breached the confidential terms of settlement by disclosing parts of them to Guy Giorno and to the IPC Adjudicator. She did this to try to stop Giorno completing his investigation of Councillor Peplinski and also, just as incredibly, to stop the IPC Adjudicator from completing her adjudication of the FOI appeal. 4. This conduct was appropriately condemned by both Giorno and the IPC Adjudicator, the former saying in his Interim Report 2016-01 that it was a breach of the independence requirements of the Municipal Act; i.e., the Township’s lawyer has no business making submissions on behalf of a Councillor under investigation. (Does that ring a bell in another context?) The latter rejected Eliot’s attempt to abort her adjudication by finding that there was no basis in law for her to do so, as should have been known to Eliot. 5. Around the same time, after the time period for compliance with the training term had expired, Templeman Menninga was asked to confirm that it had been complied with. Astonishingly, it refused to do so and persisted in refusing to do so, even after they had been given notice that their refusal must lead to the inescapable conclusion that it had not been complied with which therefore necessitated enforcement proceedings. 6. Accordingly, because of Councillor Peplinski’s failure to honour his commitment to provide residents with full details of the consequences and costs (while at the same time implying that he had been a victim of the proceedings), as well as the above actions of Kristin Eliot coupled with the refusal to confirm compliance with the training requirement, Danielle had no alternative but to have the Tribunal review this conduct. Every opportunity was given to Templeman Menninga, and therefore both the Township and Councillor Peplinski, to avoid these further proceedings -- but to no avail. In addition to coming to the conclusion that Templeman Menninga seemed to be going out of their way to encourage litigation, I also once again concluded that the words “mediation” and “settlement” were simply not in their vocabulary. Again I ask, on the basis that their services were apparently covered under the Township’s insurance policy, how were these expenditures being justified? 7. Danielle discontinued the proceedings immediately following the release of Giorno’s Code of Conduct report. This was because, coupled with the public reporting of the training term in the HRTO’s Interim Decision that dismissed Templeman Menninga’s application to strike out that
3
Letter from Roger Paul, August 26, 2019 RE: Potential Grounds to Recover... claim, all the terms of settlement were now in the public domain and no longer confidential. That rendered unnecessary the continuation of her pending application. You have a copy of the reasons for withdrawal sent to the Tribunal.
Additional questions
1. Did Templeman Menninga seek, and obtain, instructions from the Township to refuse to disclose whether it had complied with the training requirement, even though non-disclosure could inevitably result in enforcement proceedings? 2. Did Eliot seek instructions from the Township for permission to breach the confidentiality of the Minutes of Settlement, and to write to Giorno and the IPC seeking the actions that she did? 3. The answers to these questions, in addition to the ones posed in my first letter, are crucial to your being satisfied that actions taken by Templeman Menninga were on the basis of informed consent.
Finally, I regret the necessity of writing to you at length again about these matters but I hope you will agree that I have demonstrated that the taxpayers of this community have been badly served by these events. I am agreeable to answering any further questions you may have including at Tuesday’s meeting as I will be attending.
Yours sincerely,
Roger Paul
Copies: Mayor Love and all members of Council
4
Letter from Roger Paul, August 26, 2019 RE: Potential Grounds to Recover... From: MadValley Current [mailto:[email protected]] Sent: August 28, 2019 5:44 PM To: Suzanne Klatt Cc: (Mayor) Kim Love; [email protected]; [email protected] Subject: Your email to James Di Fiore
Dear Ms. Klatt
James has forwarded to me your email to him of August 27 timed at 7:45 p.m. Both of us are puzzled by the contents of the second paragraph, particularly when you refer to a “clearer picture.” James was fully briefed on events that followed my being made aware by Councillor Bromwich of Councillor Peplinski’s threat. He has also been shown emails that passed between you and the Mayor and me, as well as my statement given to the OPP. Furthermore, he has been shown emails that passed between Councillor Bromwich and myself the day following the latter notifying me of the threat. The contents of those emails do not jibe with what Councillor Bromwich said yesterday and I surmise that pressure was put on him to assist in “circling the wagons.” Given that he told me again recently that he has a “target on his back,” something he has said many times over the past few years, I suppose that is not surprising. For your further information apropos yesterday’s legal fees “whitewash” here is what Councillor Bromwich also said to me in one of his emails: “Whatever you choose to do is of course is your right and all I want is to avoid any more costly litigation on the taxpayer’s back. When three years of mean and nasty actions by elected officials cost taxpayers probably a six figure legal bill is ludicrous.” These are sentiments that he has expressed to me and others on countless occasions over the past two or more years. The Current stands by its reporting and I therefore issue the following invitation to you, as well as the Mayor and Councillor Peplinski, who are receiving copies of this email as well. I invite any member of Council to step outside the immunity they enjoy when they sit at the council table and write to me setting out full details of their complaints about The Current’s reporting. Upon receipt of this, I will conduct a full investigation and respond to each and every point made. Please note that as we are members of the National NewsMedia Council, if anybody is not content with my response, then they can file a complaint with the NNC. Here is a link to their website which contains the necessary information in order to achieve this: https://mediacouncil.ca/ Also be advised that The Current's readers will be told of this invitation in its reporting on yesterday's "circus." Yours sincerely, Roger Paul, Publisher
• • •
The Madawaska Valley Current
tel: 613-639-1524 | cell: 613-633-7166
www.madvalleycurrent.com
Email from MadValley Current - August 28, 2019 5:44 PM RE: Email to Jam...
From: Roger Paul
Dear Councillor Peplinski.
I am preparing a response to your allegations made against myself and my wife at Tuesday's council meeting. As you know I am on record as agreeing with you that much of the legal costs were "unnecessary". I proceed on the assumption that you have read my two recent letters on that subject and are therefore aware of my belief that mediation of my wife's complaint at the beginning rather than at the end would have likely saved the taxpayers you refer to, as well as their insurer, very substantial sums of money.
It is a matter of record that you were given two opportunities to participate in mediation which, for your information, statistically has a high success rate in ending disputes thus avoiding unnecessary legal costs. The first one was proposed by Craig Kelly and the Mayor before any formal complaint process was commenced- my wife agreed to this but you refused. The second invitation was made by my wife in her letter of May 15th 2016 which was also rejected.
Therefore please confirm or deny that the reason it was not accepted was again because of your unwillingness to do so.
Thank you,
Roger Paul
Email from Roger Paul - August 29, 2019 RE: HRTO Mediation
Letter from Roger and Danielle Paul - September 4, 2019 RE: Comments Dir... Letter from Roger and Danielle Paul - September 4, 2019 RE: Comments Dir... Written presentation from Roger Paul for Madawaska Valley Council meeting on September 17, 2019
At the August 27th Council meeting, Councillor Ernie Peplinski subjected my wife and me, who were present, to an insulting rant which included the absurd suggestion that we should apologize to taxpayers and write a cheque for $60,000. My immediate reaction as he glared threateningly at us across the room was, “Are there no lengths that this man will not go to, to try and paint himself as a victim?” What I did not know at the time, though, was that he had in his back pocket what he thought was information that was guaranteed to discredit me and our newspaper in the community. As is now a matter of public record, the ham-fisted attempt to show that I have for years misrepresented my previous legal qualifications has been exposed as a complete fabrication. As this is now in the hands of our lawyer who is communicating with the lawyer apparently responsible for priming that pump, I will say nothing more on this subject at the present time.
That said, is it only a coincidence that this botched attempt to blacken our characters comes hot on the heels of the recent decision of the province’s Information and Privacy Commissioner? That decision criticized the Township’s response to a Freedom of Information request submitted by my wife and ordered the Township to conduct another search of its records. This required the CAO, through no fault of her own it must be said, to forego some of her summer vacation time so as to comply with the Order within the deadline it set. This work on her part resulted in identifying an additional 138 records that should have been disclosed in the first place.
In addition to asking our lawyer to seek explanations for falsely questioning my legal qualifications, I also asked the Township to give me the opportunity to respond in person to Councillor Peplinski’s slurs at the Council meeting scheduled for September 17. Surely, I thought, under the circumstances it would be accepted that I deserved a similar opportunity of responding to the Councillor face to face to rebut his slurs. However, my request was rejected. I was not surprised at this because previously my wife’s request to speak at a Council meeting was also rejected. That was when she asked to read, or have read, the public apology that Councillor Peplinski gave her as one of the terms of settlement reached just prior to a scheduled final hearing at the Human Rights Tribunal in Ottawa. Given that the apology was for his treatment of her during a public Council meeting, it seemed fitting that the apology should also be read at a Council meeting. Sounds reasonable? Apparently not in Madawaska Valley.
Following his recent rant, my wife and I wrote to him on September 4, telling him that we wanted to prepare a public response. We asked him to justify his oft-repeated suggestion that he has been the victim of “frivolous and vexatious” claims. Our letter forms part of the Agenda package at Item 16.5 and reads in part as follows:
“We are preparing a public response to your comments but are handicapped by the fact that you have given no particulars of the facts in support of your aspersions and were not asked by the Mayor to do so. Therefore, it will be helpful if you would respond to us by answering the following questions:
1. What “unnecessary expense” are you referring to, and why was it unnecessary?
Written Presentation From Roger Paul for Madawaska Valley Council Meetin... 2. What complaints are you referring to as being “frivolous” and “vexatious?” In answering this, please take into account that there has been no finding whether by a Tribunal or by an Integrity Commissioner that any complaint meets that description. In fact, given the amount of time and money expended by the Integrity Commissioner in investigating all of the complaints referred to him, you are in effect accusing him of wasting taxpayer money. His role is to stop “frivolous and vexatious” complaints in their tracks so as to avoid unnecessary costs to the taxpayer.
3. So far as the Human Rights Tribunal claim is concerned, we assume that this does not come under your description of “complaints that have gone nowhere.” … As we intend to refer to them, you should also read the letters of August 18 and 26 to the CAO and copied to you [Items 16.1 and 16.2 on the Agenda], and then having done so, advise us what facts in those letters you dispute and why.”
The letters of August 18 and 26 contain my voluntary contributions to concerns that have been expressed in public for some time, including by at least one member of Council, that taxpayers have suffered the burden of avoidable legal costs. In fact, on this particular point, Councillor Peplinski and I are in agreement – but for much different reasons. My letters, which are based on my many years as a practising lawyer, demonstrate that serious questions need to be asked concerning the representation received from the Township’s lawyer. It should not be forgotten that the professional conduct of that same lawyer was criticized not only by the Township’s own Integrity Commissioner but by a leading expert in municipal law. His damning report was filed in the legal claim brought by Jack Rosien after he had been dismissed under questionable circumstances by the Township.
My “reward” for this attempt to serve taxpayers’ interests was an onslaught on my character and reputation as well as my wife’s. From what appear to have been rehearsed presentations at the August 27 Council meeting, we regretfully draw the conclusion that this was orchestrated by the Mayor and the CAO, with Councillor Peplinski as a willing accomplice.
In any event, no reply has been received from the Councillor to the letter – but again, this comes as no surprise because The Current has also written to him previously asking him to explain and justify his allegations that it publishes “fake news” and “truth twisters.” These requests have also been ignored.
The Councillor was also requested to confirm or deny that he refused to accept my wife’s invitation to mediate the Human Rights dispute before one cent of legal costs had been incurred [See Agenda Item 16.4]. That request has also been met with silence – which leads to the reasonable conclusion that if anybody should be apologizing and writing cheques, it should be the Councillor himself.
Finally, I must say that it gives me no great pleasure to call into question in such pointed terms the conduct of elected officials and municipal staff. However, I would not be true to myself if I did not continue to shine a light on what I firmly believe has been systematic flouting of the obligations of “accountability, transparency and integrity” over the past few years.
Written Presentation From Roger Paul for Madawaska Valley Council Meetin... By-Law 2019-83 RE: Confirming By-Law Council Meeting of August 27, 2019