The Corporation of The Town of Penetanguishene REGULAR COUNCIL MEETING COUNCIL CHAMBERS. TOWNHALL WEDNESDAY SEPTEMBER 28, 2011 at 7:00 PM MINUTES

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1 The Corporation of The Town of Penetanguishene REGULAR COUNCIL MEETING COUNCIL CHAMBERS. TOWNHALL WEDNESDAY SEPTEMBER 28, 2011 at 7:00 PM MINUTES PRESENT: Mayor G. Marshall, Deputy Mayor P. Marion, Councillors E. Chapelle, D. Levy, H. Luzius, B. Saunders, J. Robitaille, D. O'Shea, M. Mayotte ALSO PRESENT: E. Rath, C.A.O., H. Bryce, Town Clerk, B. Murray, Director of Public Works, J. Schaefer, Treasurer, P. Harwood, Manager of Recreation, P. Hodgins, Director of Planning and Development, Rogers Cable, Midland Mirror 1. CALL TO ORDER The Mayor called the meeting to order at 7:02 p.m. 2. MAYOR'S WELCOME & TOWN PRAYER 3. DECLARATION OF PECUNIARY INTEREST Councillor D. O'Shea declared a pecuniary interest with item 7.c) Town of Penetanguishene Official Plan Amendment 24 (Employment Lands) - County Comments and Town's Response 4. PRESENTATIONS (a) Presentation to Roy Patenaude re: Playground Inspection Certification Mayor Marshall presented Roy Patenaude, Facility Operators II with his Playground Inspection Certificate and congratulated Mr. Patenaude on this recent accomplishment. 5. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING MINUTES FOR APPROVAL Page 1 of 17

2 a Regular Council Minutes - Dated September 14, 2011 Moved by Councillor D. O'Shea and Seconded by Councillor H. Luzius THAT the minutes of the Regular Council Meeting of September 14, 2011, be adopted as printed. MINUTES FOR INFORMATION a b c d Finance & Corporate Services Section Minutes - Dated September 20, 2011 DRAFT For information. Recreation and Cultural Services Section Minutes - Dated September 20, 2011 DRAFT For Information. Transportation & Environmental Services Section Minutes - Dated September 20, 2011 DRAFT For information. Human Resources Committee Minutes - Dated September 21, 2011 For information. 6. COMMUNICATIONS AND CORRESPONDENCE Correspondence - Requiring Action a Correspondence from the Ministry of Municipal Affairs and Housing re: Proclaim October 16 to 22, 2011, as Local Government Week Moved by Councillor H. Luzius and Seconded by Councillor D. O'Shea THAT the Council of the Town of Penetanguishene proclaim October 16 to 22, 2011, as Local Government Week in the Town of Penetanguishene. Page 2 of 17

3 b Correspondence from the Ontario Public Libraries re: Proclaim October 16 to 22, 2011 Moved by Councillor H. Luzius and Seconded by Councillor D. O'Shea THAT the Council of the Town of Penetanguishene proclaim October 16 to 22, 2011, to be Ontario Public Library Week in the Town of Penetanguishene. 7. REPORTS OF MUNICIPAL OFFICIALS/ SECTIONS/ COMMITTEES/ BOARDS (a) Report from the Community Development Coordinator re: The Bay Studio Tour 2011 It was noted that this is the second year for the event which was very successful. A new art gallery is also opening downtown at 82 Main Street and should be ready for the event. For information. (b) Levy Heritage Property Designation re: Statement of the Cultural Heritage Value or Interest 12 Water Street (Gordon House) Preserving the heritage of the Town is a priority of Heritage Penetanguishene. Designation protects the heritage aspects of the property that are included within the designation By-law. It does not obligate the Town to fund future renovations; however the property would qualify for the Heritage Tax Rebate Program. Moved by Councillor B. Saunders and Seconded by Councillor D. THAT as per the recommendation of Heritage Penetanguishene, the Council of the Town of Penetanguishene approve of the formal heritage designation of 12 Water Street (Gordon House) as outlined within the statement of the cultural heritage value and interest in accordance with the provisions of the Ontario Heritage Act; Page 3 of 17

4 AND THAT upon acceptance of this recommendation, that the Clerk be directed to proceed with the required notice of designation as outlined within the Act (c) Town of Penetanguishene Official Plan Amendment 24 (Employment Lands) - County Comments and Town's Response. Councillor D. O'Shea reaffirmed his pecuniary interest pertaining to the item and refrained from the discussion and vote. The Director of Planning & Development provided an overview of OPA 24 which pertains to the Town's employment lands and a summary of the Town's response. Moved by Councillor B. Saunders and Seconded by Councillor D. Levy THAT the Council of the Town of Penetanguishene endorse the Town's Response to the County Comments; AND THAT the Mayor forward the Town's Response to the County of Simcoe requesting approval of Town of Penetanguishene OPA 24 with modifications at the earliest possible date. (d) Report from the Treasurer re: Tangible Capital Assets Asset Lives Over the past two fiscal years, work between Town staff and Auditors has resulted in some agreed changes to the asset lives used to calculate amortization. Items identified as Gaviller are proposed changes to the existing table by the Town Auditors. Changes fall into categories: An asset in our inventory was not contemplated by the current list. Asset lives of over 80 years were deemed excessive by audit staff. Some originally adopted classifications were too detailed for the Town s purposes. A more robust value is proposed. Some changes are recommended to achieve greater internal comparability and consistency across departments. There is no impact on the Town budget. Page 4 of 17

5 Moved by Councillor D. O'Shea and Seconded by Councillor H. Luzius THAT as per the recommendation of the Finance & Corporate Services Section, the Council of the Town of Penetanguishene adopt the attached schedule of asset lives for inclusion in the Tangible Capital Asset Policy, replacing the current schedule. (e) Report from the Manager of Recreation Services. re: Rotary Washroom Report #222 on RFP A. A motion was put forward to refer this item back to the Recreation and Cultural Services Section for further consideration. Moved by Councillor D. O'Shea and Seconded by Councillor J. Robitaille THAT as per the recommendation of the Recreation and Cultural Services Section, the Council of the Town of Penetanguishene award the construction of the Rotary Park Washroom to Cowden- Woods at a cost of $141, plus HST including the upgrade to Enviroshake shingles and hand dryers; AND THAT this project be forwarded to Finance & Corporate Services Section for discussion on funding options. REFERRED (f) Report from the Manager of Recreation Services. re: Sunshelter Tender Results Report #221. The C.A.O. noted that staff is recommending that the project be referred to the 2012 capital plan so that the existing work at the Dock is not impeded by the construction of the shelter. The Ministry of Labour stipulates that more than one contractor cannot be completing work on the same site at the same time. The Manager of Recreation Services provided an update on the Town Dock to Council. Lighting issues and incomplete work is delaying the completion of the project. The Manager is working with the contractor and engineer to finalize the project in order that winterization may occur. The Engineer s final design for the alternate mooring system had received its final review by Worley Parsons. Page 5 of 17

6 Council debated the need for the sun shelter as well as the use of Town funds for this purpose. The C.A.O. explained that the sun shelter was an option for Town consideration in the Request for Proposal process in 2010 and was not included in the DFO funding agreement. It was noted that referral to the budget process was for further consideration of the project which has not yet been approved by Council to proceed. Moved by Councillor J. Robitaille and Seconded by Councillor B. Saunders THAT the Council of the Town of Penetanguishene defer the sun shelter project to the budget process for consideration in the 2012 capital plan. (g) Report from the Director of Public Works re: Policy for the Supply, Installation and Maintenance of a Driveway Culvert 100 Peel Street The Director of Public Works has obtained a quote to complete work required to lower the culvert at the end of the private driveway at 100 Peel at a cost of $2,500 plus any additional base material that may be required. An exemption to the Town's current road occupancy policy would be needed for this work to be completed to address the special circumstances (accessibility) in order to avoid future obligations for culvert repairs for private driveways. The development of a policy pertaining to when the Town would be responsible for private driveway repairs and/or replacement should be developed to determine how future requests would be addressed. The proposed policy would also include a possible new no or low cost loan program for individuals who may need to replace private culverts or underground water or sewer services due to financial limitations. Moved by Deputy Mayor P. Marion and Seconded by Councillor E. Chapelle THAT the Council of the Town of Penetanguishene direct staff to make the necessary arrangements to have a private contractor undertake the required work at 100 Peel Street due to the extenuating circumstances; Page 6 of 17

7 AND THAT staff be further directed to review and amend the Policy for the Supply, Installation and Maintenance of a Driveway Culvert and provide a report to the Transportation and Environmental Services Section on October 18, 2011; AND FURTHER THAT staff be directed to include in the draft policy options for no or low interest loans to property owners and financial consideration for future works of this nature in the annual budget. (h) Report from the Director of Public Works re: 2011 Sidewalk Tender Award A summary was provided of the sidewalks recommended for replacement. It was noted that Section should consider an additional sidewalk in the vicinity of Ecole St. Louis on Dufferin Street from Hilltop to the school in order to accommodate the children travelling to and from school. Moved by Deputy Mayor P. Marion and Seconded by Councillor E. Chapelle THAT as per the Transportation and Environmental Services Section, the Council of the Town of Penetanguishene accepts the tender submitted by Con-Mar Group Ltd. to complete the installation of sidewalks on Poyntz Street and Robert Street East for a total cost of $59,300 (excluding taxes). AND THAT the extension of the sidewalk on Yeo Street be replaced within the tender with the removal and replacement of the existing sidewalk on Robert Street West (between Scott Street and John Street); AND FURTHER THAT the sidewalk installation on Yeo Street be brought forward to the 2012 budget for further discussion; AND FINALLY THAT the funding for the three sidewalk projects in 2011 be taken from the Yeo Street Sidewalk extension budget of $30,000 and the available sidewalk construction reserves of $64,623 for a total of $94,623. Page 7 of 17

8 (i) Report from the Town Clerk re: Stop Sign Request Sandy Bay Road and Gordon Drive Moved by Councillor E. Chapelle and Seconded by Deputy Mayor P. Marion THAT as per the recommendation of the Penetanguishene Police Services Board and the Transportation & Environmental Services Section, the Council of the Town of Penetanguishene approve that the proposed STOP sign as outlined in this report be installed to improve the flow of traffic and safety at the intersection of Sandy Bay Road and Gordon Drive; AND THAT the Clerk be directed to provide notice to the residents in the affected area prior to bringing forward the necessary By-law for Council approval. (j) Report from the Town Clerk re: Stop Sign Request Church Street and Yeo Street Moved by Councillor E. Chapelle and Seconded by Deputy Mayor P. Marion THAT as per the recommendation of the Penetanguishene Police Services Board and the Transportation & Environmental Services Section, the Council of the Town of Penetanguishene approve that an additional speed limit sign as outlined in this report be installed on Church Street between Cambridge and Don Streets; AND THAT the OPP be requested to increase radar patrols on Church Street; AND FURTHER THAT Waypoint and CNCC be notified of the concerns and request that their staff be notified accordingly; AND FINALLY THAT the area continue to be monitored and evaluated in the spring. Page 8 of 17

9 (k) Report from the Town Clerk Re: Proposed Amendment to By-law , Water Regulation By-law re: Fees Pertaining to Water Meters Damaged by Fire or Natural Disaster This report had been referred from Council back to Section for further discussion. New wording has been proposed to accurately reflect the need to waive the meter fee (for the damaged meter) when loss occurs due to fire or natural disaster. Moved by Deputy Mayor P. Marion and Seconded by Councillor E. Chapelle THAT as per the recommendation of the Transportation and Environmental Services Section, the Council of the Town of Penetanguishene approve an amendment to By-law , Water Regulation By-law, to provide for water meter fee waivers in the event of fire or natural disaster; AND THAT the Clerk be directed to bring forward the necessary By-law amendment. (l) Report from the Town Clerk re: Establishment of a Council Page Program The establishment of a Council Page Program would provide an opportunity for high school students to witness their local government in action and to obtain credit towards their community volunteer service hours. This program would also assist Rogers Cable with their role pertaining to televised Council Meetings. Moved by Councillor H. Luzius and Seconded by Councillor D. O'Shea THAT as per the recommendation of the Finance and Corporate Services Section, the Council of the Town of Penetanguishene approves the establishment of a Council Page Program for the Fall of 2011 and the Winter and Spring of 2012; AND THAT the Clerk be directed to advertise the program at Le Caron, Penetanguishene Secondary and St. Theresa's High Schools. Page 9 of 17

10 (m) Report from the Town Clerk in consultation with C. Cote, Library CEO re: Local Government Week October 16-22, 2011 Local Government Week is a school-focused campaign to celebrate the important role municipal government s play in shaping our communities. As in previous years, Local Government Week provides the opportunity for students to learn about our municipal governments. Moved by Councillor H. Luzius and Seconded by Councillor D. O'Shea THAT as per the recommendation of the Finance and Corporate Services Section, the Council of the Town of Penetanguishene approve of the Town's participation in Local Government Week by offering the following opportunities to local schools: A Week in the Life of an Elected Official Presentation Townhall Visit Youth Advisory Group Council Page Program Municipal Jeopardy Trivia Additional Resources AND THAT Clerk s Department staff be directed to provide assistance to the local schools as requested. (n) Report from the Town Clerk re: Ward vs. At-Large Structure Review In December 2010, Council passed a resolution for the review of the ward system and composition of council. In light of the current trial Coordinated Section Committee, a report on the composition of council will be provided in November as part of the Coordinated Section Committee review, as the current Section structure reflects the current composition of Council. A review of the ward vs. at large system is conducted once within each Council term. Previous reviews conducted in 2009 and 2005 resulted in the retention of the ward structure. Council discussed the recommendation to retain the ward system. Page 10 of 17

11 Moved by Councillor D. O'Shea and Seconded by Councillor H. Luzius THAT as per the recommendation of the Finance and Corporate Services Section, the Council of the Town of Penetanguishene approves the current ward system in the Town of Penetanguishene remain in place for the 2014 Municipal Election; AND THAT the ward boundaries remain the same for ward 1 and ward 2. A recorded vote was requested by Councillor D. O'Shea. Councillor D. O'Shea yes Councillor E. Chapelle yes Councillor D, Levy no Councillor H. Luzius no Deputy Mayor P. Marion yes Councillor M. Mayotte yes Councillor J. Robitaille yes Councillor B. Saunders no Mayor G. Marshall yes 6 Yes / 3 No (o) Report from the Town Clerk in consultation with W. Cousineau, Community Development Coordinator and P. Harwood, Manager of Recreation Services re: New Regulations Pertaining to Special Occasion Permits (Liquor License) for Public Events New provincial provisions pertaining to special occasion permits (liquor licenses) have sparked the need to establish a policy prior to community requests coming forward. This policy has been recommended by staff and supported by Section. It was noted that any groups needing municipal approval will need to plan ahead as the Town will require 30 days to process an application. Moved by Councillor D. O'Shea and Seconded by Councillor H. Luzius THAT as per the recommendation of the Finance and Corporate Services Section, the Council of the Town of Penetanguishene establish the Municipally Significant Public Event Policy as presented; Page 11 of 17

12 AND THAT said policy shall form part of the Special Event Application Package. (p) Report from Town Clerk in consultation with E.J. Rath, C.A.O. re: Police Service Review - Police Service Provider Options & Recommendation The Finance Chair presented the motion and outlined the steps taken by the Town since the update to Council at their last meeting which included a financial review at the Finance & Corporate Services Section (more information is needed), public consultation and Police Services Board/Ad Hoc Working Group recommendation. The Deputy Mayor put forward a friendly amendment to the motion to the effect that " report back to the Penetanguishene Police Services Board (remove Adhoc Working Group) prior to a formal recommendation to Council AT ITS REGULAR MEETING IN OCTOBER on a service provider." "AND FURTHER THAT as the Adhoc Working Group has competed their mandate, the group be dissolved" Council discussed the proposed amendment and whether the mandate of the ad hoc working group is complete. Council also discussed the need for the police services review to come to a final recommendation in order that Council may make its decision for As there was no consensus in relation to the friendly amendment, a formal amendment was required for a vote. The amended recommendation was moved by Deputy Mayor P. Marion and Seconded by Councillor D. Levy THAT the Penetanguishene Police Services Board and Adhoc Working Group recommends to Council that the Town of Penetanguishene continue negotiations with the Ontario Provincial Police and investigations with the Town of Midland for policing services for the Town of Penetanguishene and CNCC to obtain clarification and additional information on the services being offered by each provider; Page 12 of 17

13 AND THAT the Mayor, a member of the Police Services Board, the Town C.A.O. and the Treasurer be directed to carry out said mandate and report back to the Penetanguishene Police Services Board prior to a formal recommendation to Council at its regular meeting in October on a service provider. AND FURTHER THAT as the Adhoc Working Group has competed their mandate, the group be dissolved. DEFEATED The Finance Chair put forward a friendly amendment to the original motion to include in the second paragraph " at its regular meeting in October.." As there was a consensus of Council, the motion proceeded as amended to the vote. Moved by Councillor D. O'Shea and Seconded by Councillor H. Luzius THAT the Penetanguishene Police Services Board and Adhoc Working Group recommends to Council that the Town of Penetanguishene continue negotiations with the Ontario Provincial Police and investigations with the Town of Midland for policing services for the Town of Penetanguishene and CNCC to obtain clarification and additional information on the services being offered by each provider; AND THAT the Mayor, a member of the Police Services Board, the Town C.A.O. and the Treasurer be directed to carry out said mandate and report back to the Penetanguishene Police Services Board/Adhoc Working Group prior to a formal recommendation to Council at its regular meeting in October on a service provider. 8. NOTICES OF MOTION None were presented. Page 13 of 17

14 9. BY-LAWS (a) (FCS) By-law To Authorize the Entering into an License Agreement with Ontario Ltd. (Dutchman s Cove Marina) for the Use of Land Known as Parts 3 and 4 on Reference Plan 51R The C.A.O. provided Council with the background pertaining to this item and the stormwater easement which both relate to a water lot transfer. Moved by Councillor D. O'Shea and Seconded by Councillor H. Luzius THAT By-law being a By-law to Authorize the Entering into an License Agreement with Ontario Ltd. (Dutchman s Cove Marina) for the Use of Land Known as Parts 3 and 4 on Reference Plan 51R-38028, be read a first time and deemed to be read a second time and third time and carried. (b) (T&E) By-law To Amend By-law Being a By-Law to Regulate the Town of Penetanguishene Water Works Utility, to Establish Fees and Charges for Water Works and Waste Water Services Provided (Construction Consumption & Water Meter Replacement Fees) Moved by Deputy Mayor P. Marion and Seconded by Councillor E. Chapelle THAT By-law being a By-law to Amend By-law Being a By-Law to Regulate the Town of Penetanguishene Water Works Utility, to Establish Fees and Charges for Water Works and Waste Water Services Provided (Construction Consumption & Water Meter Replacement Fees), be read a first time and deemed to be read a second time and third time and carried. Page 14 of 17

15 (c) (FCS) By-law Being a By-law to Repeal and Replace By-law and to authorize an Easement for Storm Water Purposes across Part 2 on 51R and Part 3 on Reference Plan 51R (Storm Water Easement Dutchman s Cove Marina) Moved by Councillor D. O'Shea and Seconded by Councillor H. Luzius THAT By-law being a By-law to Repeal and Replace Bylaw and to authorize an Easement for Storm Water Purposes across Part 2 on 51R and Part 3 on Reference Plan 51R (Storm Water Easement Dutchman s Cove Marina), be read a first time and deemed to be read a second time and third time and carried. (d) (T&E) By-law AGREEMENT TO FOLLOW To Authorize the Entering Into an Agreement with Region of Huronia Environmental Services Limited (ROHES) for Biosolids Management Services and to Repeal By-law The Director of Public Works provided an update to Council on the proposed agreement. The final terms of the agreement are still being determined as changes had been put forth to staff in the last few days. The C.A.O. provided further details on the clauses that are currently under consideration with the service provider including the proposal to change the CPI index to the Transportation series plus an escalation factor for the indexing of proposed haulage rates. Town staff was not in agreement and could not recommend to Council. A motion was put forward to defer this matter to the Regular Council meeting in October. Moved by Councillor B. Saunders and Seconded by Councillor D. O'Shea THAT By-law , being a By-law to Authorize the Entering into an Agreement with Region of Huronia Environmental Services Limited (ROHES) for Biosolids Management Services and to Page 15 of 17

16 Repeal By-law , be read a first time and deemed to be read a second time and third time and carried. DEFERRED (e) (HRC) By-law To Amend By-law as amended, the Personnel Policy Manual of the Town of Penetanguishene SECTION 13 TRAINING & DEVELOPMENT It was noted that this policy delegates approvals to the C.A.O. and now includes reference to Trade Show attendance. Moved by Deputy Mayor P. Marion and Seconded by Councillor D. O'Shea THAT By-law being a By-law to Amend By-law as amended, the Personnel Policy Manual of the Town of Penetanguishene SECTION 13 TRAINING & DEVELOPMENT, be read a first time and deemed to be read a second time and third time and carried. (f) (F&CS) By-law To Confirm Proceedings of the Regular Council Meeting Held on September 28, 2011, and the Special Council Meeting of September 7, 2011 Moved by Councillor D. O'Shea and Seconded by Councillor H. Luzius THAT By-law , being a By-law to confirm proceedings of the Regular Council Meeting held on September 28, 2011, and the Special Council Meeting held on September 7, 2011, be read a first time and deemed to be read a second time and third time and carried. 10. ANNOUNCEMENTS AND INQUIRIES It was noted that the public consultation date for the Fireworks and Firearms By-laws have not been set yet due to the upcoming Strategic Plan and budget consultation sessions. Page 16 of 17

17 October is Child Abuse Awareness Month and a flag will be placed in front of Townhall recognizing the issue. The C.A.O. provided Council with a staff update. Donna Lacroix was welcomed to the Finance Department as the Telephone/Receptionist/ Finance Assistant. Gord DeVillers has joined the Town as the new GIS Technician in the Public Works Department. Russ Bagnell Public Works Supervisor has formally retired from his position and an Open House will be held on October 14th. Jonathan Gallagher Main has been hired as the new Engineering Technician in the Public Works Department for the 2 year contract position. The Mayor noted that there are several public consultations coming up in October that will be announced in the Mayor's Message, Town Page and Town's website. 11. QUESTION PERIOD FROM MEDIA AND PUBLIC A comment from the public noted that a number of driveways on Peel Street have heaved culverts. An overall solution to the problem should be considered as part of the review. In addition, a note of disappointment was forwarded in reference to the decision made for the police service provider and that the recommendation from the special meeting of the Police Services Board was not tabled or considered at tonight's meeting. The Mayor indicated that protocol dictates that the motion from the Board will come forward to Council at their next meeting in October. 12. ADJOURNMENT The meeting was adjourned at 8:51 p.m. MAYOR CLERK Page 17 of 17