THE CORPORATION OF NORFOLK COUNTY COUNCIL-IN-COMMITTEE TUESDAY, OCTOBER 18, 2016

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1 THE CORPORATION OF NORFOLK COUNTY COUNCIL-IN-COMMITTEE TUESDAY, OCTOBER 18, 2016 The following are the minutes of the Council-In-Committee held on Tuesday, October 18, 2016, at 2:00 pm in the Council Chambers, County Administration Building, 50 Colborne Street South, Simcoe. MEMBERS PRESENT: Mayor C.H. Luke Councillor Noel Haydt,Chair Councillor Peter Black Councillor Doug Brunton Councillor Michael Columbus Councillor Roger Geysens Councillor James Oliver Councillor Harold Sonnenberg Councillor John Wells MEMBERS ABSENT: ALSO PRESENT: Keith Robicheau, County Manager Andrew Grozelle, Clerk/Manager of Council Services Jill Binkley, Deputy Clerk/Licensing Coordinator Chris Baird, General Manager, Development & Cultural Services Bill Cridland, General Manager, Community Services Marlene Miranda, General Manager, Health & Social Services Lee Robinson, General Manager, Public Works & Environmental Services Kandy Webb, General Manager, Employee & Business Services Sue Boughner, Manager, Taxation and Revenue, Financial Services 1. Ceremonial Activities Chair Haydt recognized students in attendance from Delhi, Waterford and Simcoe Composite high schools for local government week. 2. Disclosure of Pecuniary Interest and General Nature Thereof

2 None were declared. 3. Approval of Agenda/Changes to the Agenda A) Deputation Maria Da Silva Re: Old Mill Road Encroachment Report B) Deputation James Shivas Re: Old Mill Road Encroachment Report Res. No. 1 Mover: Councillor Brunton That the agenda be approved as amended. 4. Staff Reports A) Deputation Maria Da Silva Re: Old Mill Road Encroachment Report Res. No. 2 Mover: Mayor Luke That the Deputation of Maria Da Silva be received as information. B) Deputation James Shivas Re: Old Mill Road Encroachment Report Res. No. 3 Mover: Councillor Oliver That the Deputation of James Shivas be received as information. C) Staff Report P.W Old Mill Road Encroachment Agreement Lee Robinson, General Manager, Public Works and Environmental Services, presented the report and answered questions of Committee.

3 Res. No. 4 Mover: Councillor Oliver THAT Norfolk County pay up to 90% of the cost of wall construction upon the encroached area between 20 Old Mill Road, Clear Creek and 21 Old Mill Road, Clear Creek. THAT Staff Report P.W , Old Mill Road Encroachment Agreement, be received as information; AND THAT Staff be directed to work with the County Solicitor to make minor amendments to the agreement and Council authorize the execution of the encroachment agreement between the Corporation of Norfolk County and the affected property owners of the properties located at 20 Old Mill Road, Clear Creek and 21 Old Mill Road, Clear Creek. B) Staff Report P.W Tender Results - Delhi Branch Public Library Renovation and Addition Lee Robinson, General Manager, Public Works and Environmental Services, presented the report and answered questions of Committee. Res. No. 5 Mover: Councillor Black THAT Report PW Tender Results Delhi Branch Public Library Renovation and Addition be received; AND THAT tender PW-FF from SDI Builders 2010 Ltd., London, ON in the amount of $1,147, excluding HST be accepted; AND FURTHER THAT the Clerk/Manager of Council Services and the Mayor be authorized to execute and sign a contract with SDI Builders 2010 Ltd., London, ON. AND FURTHER THAT the funding for the Delhi Branch Public Library Renovations and Addition project be provided as outlined in Report P.W

4 C) Staff Report E.B.S Special Event Temporary Road Closure Harvest Moon Shelley Darlington, Manager, Corporate Support Services presented the report and answered questions of Committee. Res. No. 6 Mover: Councillor Columbus THAT Staff Report EBS 16-63, Special Event Temporary Road Closure Harvest Moon be received as information; AND THAT Council authorize staff to approve the request from Culture Rodeo to temporarily close Main Street of Delhi from Church Street West to King Street between the hours of 8:00 am and 11:59 pm on Saturday, October 22, 2016; AND THAT Council authorize staff to approve the request from Culture Rodeo to use the grassy area located at 152 Main Street of Delhi. D) Staff Report F.S Capital Projects Status Report Update Kathy Laplante, Manager of Budgets and Fiscal Services, presented the report. Both Kathy Laplante and Lee Robinson, General Manager, Public Works and Environmental Services answered questions of Committee. Res. No. 7 Mover: Mayor Luke THAT Staff Report F.S Re: 2015 Capital Status Report Updated be received; AND THAT the recommendations, as set out in the schedules included with Report F.S , be approved.

5 5. Communications A) Sue Boughner, Tax Collector/Manager Revenue & Taxation Re: Follow-up to Report FS Re: Recommendations for Cancellation, Reduction or Refunding of Taxes under sections 357, 358, of the Municipal Act (Pulled from October 11, 2016 Info Package by Councillor Black) Res. No. 8 Mover: Councillor Black That the memo respecting Cancellation, Reduction or Refunding Taxes under sections 357, 358 be received as information. B) Lynn Dollin, AMO President Re: AMO Seeks Council Resolution (Pulled from October 11, 2016 Info Pack By Councillor Black) Res. No. 9 Mover: Councillor Black WHEREAS recent polling, conducted on behalf of the Association of Municipalities of Ontario indicates 76% of Ontarians are concerned or somewhat concerned property taxes will not cover the cost of infrastructure while maintaining municipal services, and 90% agree maintaining safe infrastructure is an important priority for their communities; AND WHEREAS infrastructure and transit are identified by Ontarians as the biggest problems facing their municipal government; AND WHEREAS a ten-year projection ( ) of municipal expenditures against inflationary property tax and user fee increases, shows there to be an unfunded average annual need of $3.6 billion to fix local infrastructure and provide for municipal operating needs; AND WHEREAS the $3.6 billion average annual need would equate to annual increases of 4.6% (including inflation) to province-wide property tax revenue for the next ten years;

6 AND WHEREAS this gap calculation also presumes all existing and multi-year planned federal and provincial transfers to municipal governments are fulfilled; AND WHEREAS if future federal and provincial transfers are unfulfilled beyond 2015 levels, it would require annual provincewide property tax revenue increases of up to 8.35% for ten years; AND WHEREAS Ontarians already pay the highest property taxes in the country; AND WHEREAS each municipal government in Ontario faces unique issues, the fiscal health and needs are a challenge which unites all municipal governments, regardless of size; NOW THEREFORE BE IT RESOLVED that this Council supports the Association of Municipalities of Ontario in its work to close the fiscal gap; so that all municipalities can benefit from predictable and sustainable revenue, to finance the pressing infrastructure and municipal service needs faced by all municipal governments. C) Tanya VanRooy Re: Request for SOP designation of Harvest Moon Special Event October 22, 2016 Delhi as an event of Municipal Significance. Staff Recommendation: (Be approved subject to the fulfillment of all required reviews and receipt of all necessary approvals) Res. No. 10 Mover: Councillor Columbus THAT the request for a SOP designation of Harvest Moon Special Event October 22, 2016 Delhi as an event of Municipal Significance be approved subject to the fulfillment of all required reviews and receipt of all necessary approvals. 6. Presentations & Deputations A) Presentations B) Deputations (5 p.m.)

7 i) Margaret Wheeler, Citizens for Port Rowan Improvements Re: Items requiring attention Res. No. 11 Mover: Councillor Columbus THAT the deputation of Margaret Wheeler regarding Citizens for Port Rowan Improvements be received as information. THAT the deputation of Margaret Wheeler be referred to staff for appropriate response. ii) Dennis German, German Solar Corporation Re: FIT 5.0 Solar Projects - Request for Municipal Council Support, Along with Land Use Exemptions Res. No. 12 Mover: Councillor Columbus THAT the deputation of Dennis German regarding German Solar FIT 5.0 Requests for Municipal Council and Land use Exemptions be received as information. iii) Kelly German, German Solar Corporation Re: Request for Council Resolutions of Support for the IESO FIT Ground Mounted Solar Projects: (i) Fernlea Sideroad to Rhineland Road (ii) Rhineland Road to Schafer Road (iii) Schafer Sideroad to end of PIN (iv) End of PIN to Main Street (v) Main Street to James Street (vi) James Street to Fertilizer Road (vii) Fertilizer Road And Request for Land Use Exemption Resolutions for: (i) End of PIN to Main Street (ii) Main Street to James Street (iii) James Street to Fertilizer Road (iv) Fertilizer Road

8 Res. No. 13 Mover: Councillor Oliver WHEREAS capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0. AND WHEREAS German Solar Corporation (the Applicant ) proposes to construct and operate Ground Mounted Solar Projects (the Projects ) on Fernlea Sideroad to Rhineland Road, (the Lands ) in Norfolk County under the Province s FIT Program; AND WHEREAS the Applicant has requested that Council of Norfolk County indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS pursuant to the FIT Rules, Version 5.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: The Council of Norfolk County supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Res. No. 14 Mover: Councillor Oliver WHEREAS capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0. AND WHEREAS German Solar Corporation (the Applicant ) proposes to construct and operate Ground Mounted Solar Projects (the Projects ) on Rhineland Road to Schafer Road, (the Lands ) in Norfolk County under the Province s FIT Program;

9 AND WHEREAS the Applicant has requested that Council of Norfolk County indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS pursuant to the FIT Rules, Version 5.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: The Council of Norfolk County supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Res. No. 15 Mover: Councillor Oliver WHEREAS capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0. AND WHEREAS German Solar Corporation (the Applicant ) proposes to construct and operate Ground Mounted Solar Projects (the Projects ) on Schafer Sideroad to end of PIN , (the Lands ) in Norfolk County under the Province s FIT Program; AND WHEREAS the Applicant has requested that Council of Norfolk County indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS pursuant to the FIT Rules, Version 5.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT:

10 The Council of Norfolk County supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Res. No. 16 Mover: Councillor Oliver WHEREAS capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0. AND WHEREAS German Solar Corporation (the Applicant ) proposes to construct and operate Ground Mounted Solar Projects (the Projects ) on End of PIN to Main Street, (the Lands ) in Norfolk County under the Province s FIT Program; AND WHEREAS the Applicant has requested that Council of Norfolk County indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS pursuant to the FIT Rules, Version 5.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: The Council of Norfolk County supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Res. No. 17 Mover: Councillor Oliver

11 WHEREAS capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0. AND WHEREAS German Solar Corporation (the Applicant ) proposes to construct and operate Ground Mounted Solar Projects (the Projects ) Main Street to James Street, (the Lands ) in Norfolk County under the Province s FIT Program; AND WHEREAS the Applicant has requested that Council of Norfolk County indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS pursuant to the FIT Rules, Version 5.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: The Council of Norfolk County supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Res. No. 18 Mover: Councillor Oliver WHEREAS capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0. AND WHEREAS German Solar Corporation (the Applicant ) proposes to construct and operate Ground Mounted Solar Projects (the Projects ) James Street to Fertilizer Road, (the Lands ) in Norfolk County under the Province s FIT Program; AND WHEREAS the Applicant has requested that Council of Norfolk County indicate by resolution Council's support for the construction and operation of the Project on the Property;

12 AND WHEREAS pursuant to the FIT Rules, Version 5.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: The Council of Norfolk County supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Res. No. 19 Mover: Councillor Oliver WHEREAS capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0. AND WHEREAS German Solar Corporation (the Applicant ) proposes to construct and operate Ground Mounted Solar Projects (the Projects ) Fertilizer Road, (the Lands ) in Norfolk County under the Province s FIT Program; AND WHEREAS the Applicant has requested that Council of Norfolk County indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS pursuant to the FIT Rules, Version 5.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: The Council of Norfolk County supports the construction and operation of the Project on the Lands.

13 This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Res. No. 20 Mover: Mayor Luke Whereas Capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0.; and Whereas German Solar Corporation (the Applicant ) proposes to construct and operate a Non-Rooftop Solar Project (the Project ) on ) End of PIN to Main Street, (the Lands ) in Norfolk County under the Province s FIT Program; and Whereas, the Applicant has requested that the Council of Norfolk County indicate by resolution that the Project has an exemption from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f), 2.3(g) and 2.3(h) of the FIT Rules, Version 5.0. Now therefore be it resolved THAT: The Council of Norfolk County exempts the Project on the Lands as described above from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f), 2.3(g) and 2.3(h) of the FIT Rules, Version 5.0.; and This resolution's sole purpose is to provide municipal exemption from the above noted specific residential, commercial and industrial land-use restrictions under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project, or for any other purpose.

14 Res. No. 21 Mover: Mayor Luke Whereas Capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0.; and Whereas German Solar Corporation (the Applicant ) proposes to construct and operate a Non-Rooftop Solar Project (the Project ) on ) Main Street to James Street, (the Lands ) in Norfolk County under the Province s FIT Program; and Whereas, the Applicant has requested that the Council of Norfolk County indicate by resolution that the Project has an exemption from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f), 2.3(g) and 2.3(h) of the FIT Rules, Version 5.0. Now therefore be it resolved THAT: The Council of Norfolk County exempts the Project on the Lands as described above from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f), 2.3(g) and 2.3(h) of the FIT Rules, Version 5.0.; and This resolution's sole purpose is to provide municipal exemption from the above noted specific residential, commercial and industrial land-use restrictions under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project, or for any other purpose. Res. No. 22 Mover: Mayor Luke Whereas Capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0.; and Whereas German Solar Corporation (the Applicant ) proposes to construct and operate a Non-Rooftop Solar Project (the Project ) on ) James Street to Fertilizer Road, (the Lands ) in Norfolk County under the Province s FIT Program; and Whereas, the Applicant has requested that the Council of Norfolk County indicate by resolution that the Project has an exemption from any or all of the residential, commercial and industrial land-use

15 restrictions as identified in Sections 2.3(e), 2.3(f), 2.3(g) and 2.3(h) of the FIT Rules, Version 5.0. Now therefore be it resolved THAT: The Council of Norfolk County exempts the Project on the Lands as described above from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f), 2.3(g) and 2.3(h) of the FIT Rules, Version 5.0.; and This resolution's sole purpose is to provide municipal exemption from the above noted specific residential, commercial and industrial land-use restrictions under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project, or for any other purpose. Res. No. 23 Mover: Mayor Luke Whereas Capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 5.0.; and Whereas German Solar Corporation (the Applicant ) proposes to construct and operate a Non-Rooftop Solar Project (the Project ) on ) , (the Lands ) in Norfolk County under the Province s FIT Program; and Whereas, the Applicant has requested that the Council of Norfolk County indicate by resolution that the Project has an exemption from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f), 2.3(g) and 2.3(h) of the FIT Rules, Version 5.0. Now therefore be it resolved THAT: The Council of Norfolk County exempts the Project on the Lands as described above from any or all of the residential, commercial and industrial land-use restrictions as identified in Sections 2.3(e), 2.3(f), 2.3(g) and 2.3(h) of the FIT Rules, Version 5.0.; and

16 This resolution's sole purpose is to provide municipal exemption from the above noted specific residential, commercial and industrial land-use restrictions under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project, or for any other purpose. iv) Harvey Taylor Re: 2016 Holding Tank Rates Mr. Harvey Taylor was unable to make the deputation and will be deferred to a future meeting. v) Myron Graves and Bob Ross Re: Building Permits/Requirements around Environmental Impact Studies Res. No. 24 Mover: Councillor Black THAT the deputation of Myron Graves and Bob Ross regarding Building Permits/Requirements around Environmental Impact Studies be received as information. 7. Motions 8. Notices of Motion 9. Other Business 10. Closed Session Res. No. 25 Mover: Councillor Brunton THAT Committee convene in Closed Session at 7:38 p.m. pursuant to Sections 239 (b)(c)(f) and (e) of the Municipal Act 2001 as the subject matter pertains to personal matters about identifiable individuals including municipal or local board employees, a

17 proposed of pending acquisition or disposition of land by the municipality or local board, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Res. No. 26 Mover: Councillor Brunton THAT Committee reconvene in Open Session at 8:25 p.m. A) DCS Appointments to Committees/Boards Res. No. 27 Mover: Councillor Brunton THAT Staff Report DCS16-89, Advisory Committee Appointments for the Delhi Tobacco Museum & Heritage Centre be received as information; AND THAT Christie Yvonne Byer be appointed as a Members-atlarge for a three year term effective December 1, 2016 until November 30, AND FURTHER THAT Ronald William Klein be appointed as a Member-at-large for a three year term effective December 1, 2016 until November 30, AND FUTHER THAT Dalia Norkus be appointed as the representative for the Multicultural Heritage Association of Norfolk for a one year term effective December 1, 2016 until November 30, B) Verbal Update Re: Port Dover St. George Street Building Chair Haydt indicated that an update had been received in Closed Session and there was nothing to report out.

18 11. Adjournment Committee adjourned at 8:28 p.m. Chairman Clerk/Manager of Council Services