THE CORPORATION OF NORFOLK COUNTY REGULAR COUNCIL TUESDAY, JANUARY 26, 2016

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1 THE CORPORATION OF NORFOLK COUNTY REGULAR COUNCIL TUESDAY, JANUARY 26, 2016 The following are the minutes of the Regular Council held on Tuesday, January 26, 2016, at 5:00 pm in the Council Chambers, County Administration Building, 50 Colborne Street South, Simcoe. MEMBERS PRESENT: Mayor C.H. Luke Councillor Peter Black Councillor Doug Brunton Councillor Michael Columbus Councillor Roger Geysens Councillor Noel Haydt Councillor James Oliver Councillor Harold Sonnenberg Councillor John Wells ALSO PRESENT: Keith Robicheau, County Manager Andrew Grozelle, Clerk/Manager of Council Services Chris Baird, General Manager, Development & Cultural Services Kandy Webb, General Manager, Employee & Business Services James Johnson, Deputy Treasurer, Manager of Accounting Services Bill Nolan, Administrator Health and Social Services Bill Cridland, Manager, Public Works and Environmental Services Mary Elder, Principal Planner 1. Ceremonial Activities A) Bill Morris, Roads Foreperson for Roads East-Woodhouse Yard Re: Retirement Mayor Luke thanked Bill Morris, Roads Foreperson for Roads East- Woodhouse Yard for his work and presented him a certificate of appreciation regarding his retirement. Page 1 of 11

2 2. Disclosure of Pecuniary Interest and General Nature Thereof Councillor Noel Haydt declared an interest in relation to Staff Report D.C.S 16-10, as he is property owner in the area, and in doing so agreed to leave the room and abstain from any discussion or voting on this matter. 3. Approval of Agenda/Changes to the Agenda A) Added Item 9 (F) Staff Report F.S Re: Connecting Links Program Application Res. No. 1 THAT the agenda be approved as amended as follows: Added Item 9 (F) Staff Report F.S Re: Connecting Links Program Application 4. Public Meeting/Public Hearings 5. Presentations & Deputations A) Presentations 6. Adoption/Correction of Council Meeting Minutes A) Regular Council Meeting Minutes dated January 11, 2016 B) Council Budget Meeting Minutes dated January 12, 13, 15 and 19, 2016 The minutes of the Regular Council Meeting dated January 11, 2016, and the Council Budget Meeting dated January 12, 13, 15 and 19, 2015 having been distributed to all members of Council and there being no errors reported, they were thereupon declared adopted and signed by Mayor Luke. Page 2 of 11

3 7. Communications A) Heather Bouw, Municipality of Dutton Dunwich Re: Resolution Respecting RFP for Added Wind Power Generation Res. No. 2 WHEREAS The Independent Electrical System Operator, under Ministerial Directive, issued an RFP for additional renewable energy generation including 300 MW of wind generation and is considering issuing further RFPs for 2016; AND WHEREAS The December 2015 Auditor General's report confirmed that Ontario is generating surplus electricity with capacity increasing by 19% in the last 8 years while demand fell by 7.5% in the same period. Additional capacity is not required at this time; AND WHEREAS The Auditor General also reported that the existing Feed In Tariff (FIT) contracts mean that Ontario power consumers will pay a premium of $9.2 billion for renewable power with wind power pricing that is double the prices paid in other jurisdictions; AND WHEREAS The Ontario Chamber of Commerce reports that the escalating price of electricity is undermining their members' capacity to grow, hire new workers, and attract investment, and that Ontario's electricity costs are among the highest in North America, making the province uncompetitive for business growth; AND WHEREAS Adding wind to Ontario's grid drives C02 emissions higher. The Ontario Society of Professional Engineers estimated that wind and solar, with natural gas backup produces electricity at about 200 grams of C02emissions/kWh compared with the current system average level of 40 grams C02 emissions/kwh; AND WHEREAS Nature Canada reports that wind power facilities have a substantial negative impact on endangered species including migrating bats and birds as well as destroying habitat for species at risk; Page 3 of 11

4 AND WHEREAS Wind power is an intermittent source of electricity generation meaning that it cannot be used to replace generating capacity lost when nuclear plants are removed from the system for retrofitting; NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of Norfolk County requests: 1. That the Province of Ontario exercise its rights in Section 4.13 (12) of the current LRP I RFP to 'cancel the process at any stage and for any reason' and not issue any new wind generation contracts; 2. That the Province of Ontario hold off any further renewable procurement process until the capacity is actually required and focus on sources that will actually reduce carbon emissions; 3. That the IESO review the outstanding FIT contracts that have not achieved 'Commercial Operation', and vigorously enforce the terms of the FIT contract with a view to eliminating further expensive wind generation capacity being added to the grid. 8. Reports of Committees A) Minutes of the Council-In-Committee Meeting dated January 19, 2016 Res. No. 3 THAT the minutes of the Council-In-Committee Meeting dated January 19, 2016, be adopted as presented. B) Minutes of the Norfolk Arts Centre dated December 9, 2015 Res. No. 4 THAT the minutes of the Norfolk Arts Centre dated December 9, 2015, be received as information. Page 4 of 11

5 9. Staff Reports A) Staff Report D.C.S Amendment to Norfolk County Noise ByLaw Chris Baird, General Manager of Development & Cultural Services, presented the report and answered questions of Council. Res. No. 5 Mover: Councillor Harold Sonnenberg Seconder: Councillor Noel Haydt THAT Staff Report D.C.S , Amendment to Noise Bylaw , be received as information. AND THAT Council amends this section of Bylaw as outlined within Report D.C.S B) Staff Report P.W Evergreen Hill Road Sidewalk Bill Cridland, Manager Public Works & Environmental Services, presented the report and answered questions of Council. Res. No. 6 Mover: Councillor Harold Sonnenberg Seconder: Councillor Roger Geysens THAT Staff Report P.W , Evergreen Hill Road Sidewalk, be received for information; AND THAT the installation of the sidewalk on Evergreen Hill Road from Queen Street to Norfolk Street South be delayed until the reconstruction of the street can be designed and completed; AND THAT the Mayor be directed to send a letter to the Holy Trinity High School respecting the delay in the Evergreen Hill sidewalk installation. Page 5 of 11

6 C) Staff Report P.W Report to Hire an Engineer under the Drainage Act Bill Cridland, Manager Public Works & Environmental Services, presented the report and answered questions of Council. Res. No. 7 THAT Staff Report P.W.16-03, Report to Hire an Engineer under the Drainage Act Henry Jull Drain be received as information; AND THAT Council exempt staff from the quotation and tendering procedures for goods and services outlined in Norfolk County Policy EBS-02, section 4 for a single source supply with R.J. Burnside & Associates Limited for the Henry Jull Drain; AND FURTHER THAT the General Manager of Public Works & Environmental Services be authorized to retain the firm of R.J. Burnside & Associates Limited under Section 78(1) of the Drainage Act R.S.O. 1990, to establish a report for improvements to the Henry Jull Drain. D) Staff Report E.B.S Reimbursable Mileage Rate for Work Related Travel Effective January 1, 2016 Kandy Webb, General Manager of Employee Business Services, presented the report and answered questions of Council. Res. No. 8 THAT Staff Report E.B.S , Reimbursable Mileage Rate for Work Related Travel effective January 1, 2016, be received as information; AND THAT the mileage reimbursement rate remain at $0.455 per kilometre; Page 6 of 11

7 AND FURTHER THAT in December 2016 and every December thereafter, staff will conduct an analysis of Norfolk County municipal comparators to determine the appropriate mileage reimbursement rate, the results of which will be presented Norfolk County Council for approval; AND FURTHER THAT amendments to the mileage reimbursement rate, if warranted, be effective January 1st of the year following each review. E) Staff Report D.C.S Hastings Drive Zoning By-Law Study Draft Issues and Options Chris Baird, General Manager of Development & Cultural Services, and Mary Elder, Principal Planner, presented the report and answered questions of Committee. Res. No. 9 Mover: Councillor Roger Geysens Seconder: Councillor Michael Columbus THAT Staff Report D.C.S Hastings Drive Zoning Study Draft Issues and Options Report, be received as information AND THAT staff be directed to proceed with a public meeting on February 23, 2016 in order to hear and provide comments on the proposed and preferred options. F) Staff Report F.S Connecting Links Program Application James Johnson, Deputy Treasurer / Manager of Accounting Services, presented the report and answered questions of Council. Page 7 of 11

8 Res. No. 10 Mover: Councillor Michael Columbus Seconder: Councillor Roger Geysens THAT Staff Report F.S , Connecting Links Program Application be received as information; AND THAT Council supports submission of an Application under the Connecting Links Program for the Queensway East Resurfacing and Operational Improvements Project; AND FURTHER THAT the Council of Norfolk County declares: 1. The proposed submission of an Application under the Connecting Links Program for the Queensway East Resurfacing and Operational Improvements Project meets 2. A comprehensive Asset Management Plan including connecting links has been completed and publicly posted; 3. The County will comply with the conditions that apply to designated connecting links under the Highway Traffic Act to ensure the safe and efficient movement of provincial traffic; and 4. The application is completed and factually accurate. 10. Reports of Council Members 11. By-Laws By-Law being a By-Law to amend By-Law , as amended, to Regulate and Prohibit Excessive Noise within Norfolk County. Res. No. 11 Mover: Councillor Noel Haydt Seconder: Councillor James Oliver THAT By-Law be passed and signed by the Mayor and the Clerk and Sealed with the Corporate Seal. Page 8 of 11

9 12. Motions A) Telecommunications Improvement/Enhancement Commitee Res. No. 12 Mover: Councillor Noel Haydt Seconder: Councillor Roger Geysens THAT staff be directed to bring forward a report to establish a Telecommunications Improvement/Enhancement Committee (TIE Committee); AND THAT the Terms of Reference of the TIE Committee give thought to positioning Norfolk County to leverage federal and provincial investments as well as exploring partnerships. 13. Notices of Motion A) 2017 Operating Budget Format Councillor Haydt presented a Notice of Motion as follows to be considered by Council at its meeting Feb. 9, 2016: WHEREAS a strong accountability and transparency framework contributes to effective governance by ensuring that The Corporation of Norfolk County is accountable to the public for its practices will be made transparent to the public; AND WHEREAS Council is committed to good governance and will continue to act in the best interest of our residents; AND WHEREAS the Municipal Act, 2001, contains provisions to promote greater transparency; statement states a key aspect is financial sustainability to ensure the County maintains a sound financial plan which can support a vibrant, growing community with a goal of ensuring timely and accurate financial reporting; Page 9 of 11

10 NOW THEREFORE BE IT RESOLVED THAT; Financial statements assist Council in demonstrating accountability to the community. AND FURTHERMORE THAT: This level of accountability can be enhanced in the future by ensuring that the Levy Supported Operating Budget is expanded to include; 1. Average assessment value for residential, with the value provided by the Municipal Property Assessment Corporation. 2. Values as determined by council for multi-residential, commercial and industrial 3. Items that are beyond control of council are separated from normal operations. 4. expanded to show one level below as a minimum. 5. Utility costs be shown as a separate account. 6. Interdepartmental charges be shown by department. AND FURTHERMORE THAT: The enhanced financial reporting will give councillors and the public a more informed view so as to comply with Section 224(d.1) of the he accountability and transparency of the operations of the municipality, including the activities of the senior management of 14. Other Business 15. Closed Session A) County Manager Verbal Update Re: Property Related Matter Page 10 of 11

11 Res. No. 13 Mover: Councillor Michael Columbus Seconder: Councillor Roger Geysens THAT pursuant to Section 239(2) and (3.1) of the Municipal Act, 2001, S.O C.25, as amended, Council convenes at 8:16 pm. in a meeting closed to the public to discuss a proposed or pending acquisition or disposition of land by the municipality or local board, litigation or potential litigation, including matters before an administrative tribunal affecting the municipality or local board, and pertains to advice that is subject to solicitor client privilege. Res. No. 14 Mover: Councillor Roger Geysens Seconder: Councillor Noel Haydt THAT Council does now adjourn at 8:23 p.m. this closed meeting and reconvene in Open Session. 16. Confirming By-Law A) By-Law being a By-Law to Confirm the Proceedings of the Council of Norfolk County at this Council Meeting held on the 26th day of January Res. No. 15 Mover: Councillor James Oliver Seconder: Councillor Michael Columbus THAT By-Law being a By-Law to Confirm the Proceedings of the Council of Norfolk County at this Council Meeting held on the 26th day of January 2016, be passed and signed by the Mayor and the Clerk and Sealed with the Corporate Seal. 17. Adjournment 8:25 p.m. Mayor Clerk/Manager of Council Services Page 11 of 11