THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY REGULAR COUNCIL MEETING MINUTES Monday, November 19, 2012 COUNCIL PRESENT: STAFF: OTHERS: David Shulist, Mayor Bob Kulas, Councillor Linda Neuman, Councillor Shaun O'Reilly, Councillor Sylvie Yantha, Councillor Bryan Brown, CAO/Clerk Brenda Sabatine, Treasurer/Deputy Clerk Silas Lorbetski, Planning and Licensing Gwen Dombroski, Administrative Assistant-Recording Secretary Heather Sutherland, The Barry's Bay This Week Megan Pecjack, The Valley Gazette Gary Medwid and Tony Usher (7:30 p.m.) 1. Call to Order The Meeting was called to order 7:01 p.m. 2. Moment of Reflection A Moment of Reflection was observed. 3. Declaration of Financial Interest - None 4. Adoption of the Agenda 4.1 Monday, November 19, 2012 01-1911-12 Moved by: Councillor Yantha Seconded by: Councillor Kulas THAT the Regular Council Meeting Agenda for November 19, 2012 be approved as amended with the following additions; A letter from St. John Bosco Catholic School as 14.5, and the Former Barry's Bay Landfill Site Closure as 14.6; as well additions to 14.3, an email from Anthony Usher and an email from Mary Shushack CARRIED. 5. Confirmation of the Minutes 5.1 Regular Council Meeting Minutes - November 5, 2012 02-1911-12 Moved by: Councillor Neuman Seconded by: Councillor Yantha THAT the Regular Council Meeting Minutes of November 5, 2012 be approved with the following change resulting of removing item 10.8 By-Law 2012-82, Regular Council - November 19, 2012 Development Charge By-Law the confirming By-Law 2012-83 to By-Law 201282. CARRIED. 5.2 Regular Council Meeting Minutes - CLOSED - November 5, 2012 03-1911-12 Moved by: Councillor Yantha Seconded by: Councillor Kulas THAT the Regular Council Meeting Minutes - CLOSED - of November 5, 2012 be approved as presented. CARRIED. 6. Business Arising out of the Minutes - None 7. Delegation and Public Participation - None 8. Tenders - None 9. Committee Reports 9.1 Water, Wastewater, Waste Management Committee Meeting Minutes November 13, 2012 04-1911-12 Moved by: Councillor Neuman Seconded by: Councillor Yantha THAT the Water, Wastewater, Waste Management Committee Meeting Minutes of November 13, 2012 be approved with the following change replacing the word discussion to "research phase" in Item #8 Old and New Business and the following recommendations: 1. THAT the Water, Wastewater and Waste Management Committee recommend that until a final policy decision has been made on by-pass installations, that a seal be placed on any water connection that presently has been identified as having had a by-pass installed. CARRIED. 9.2 Water, Wastewater, Waste Management Committee Meeting Minutes CLOSED - November 13, 2012 05-1911-12 Moved by: Councillor Neuman Seconded by: Councillor Kulas THAT the Water, Wastewater, Waste Management Committee Meeting Minutes - CLOSED for November 13, 2012 be approved as presented. CARRIED. 9.3 Finance Committee Report - November 13, 2012 Councillor O'Reilly questioned the term of the appointment of the Municipal Auditors. 06-1911-12 Regular Council - November 19, 2012 Moved by: Councillor Neuman Seconded by: Councillor Yantha THAT the Finance Committee Report of November 13, 2012 be approved as presented with the following change; that Item 5.1 was Moved By: Councillor Kulas and Seconded By: Councillor O'Reilly with the following recommendations: 1. THAT the Finance Committee recommend that the proposal for Audit Services submitted by MacKillican & Associates be accepted; AND THAT the necessary by-law be enacted that appoints MacKillican and Associates as Municipal Auditor for a 5-year period, from 2012 to 2016. 2. THAT the Finance Committee recommend that Council establish the safety footwear allowance for non-unionized employees as follows: i) On or about October 1, 2012 – Two hundred ($200.00) dollars ii) On or about October 1, 2013 – Two hundred and twenty five ($225.00) dollars iii) Part-time employees shall receive fifty per cent (50%) of the above amounts AND THAT these amounts shall be deemed a reimbursement of expenses and the employee shall be required to provide receipts from the year prior for payment. 3. THAT the Finance Committee recommend that Council adopt the following 2013 fees relating to the Township Community Centres: Hall Rental Schedule of Fees: (Daily Rates) Combermere & Area Community Centre Your Bar (kitchen included)($604.20 + $78.55 HST) Municipal Bar (kitchen included)($302.10 + $39.27 HST) Hall rental without Bar or Kitchen ($151.05 + $19.64 HST) Hall rental with Kitchen – no Bar ($251.75 + $32.73 HST) Charitable, Not-for-Profit and Fundraising Rate ($302.10 + $39.27 HST) NON-RESIDENT surcharge DEFINITION OF NON-RESIDENT: An individual who is not a resident or ratepayer or child of a resident or ratepayer of the municipality. Rates ($100.70 + $13.09 HST) (Which take place in the lounge that do not serve alcohol or use kitchen facility and are less than 6 hours in length) Rates occurring on off-times – Sunday morning to Friday morning ($44.43 + $5.78 HST) (Which take place in the lounge that do not serve alcohol or use kitchen facility and are less than 6 hours in length) Rates occurring on off-times – Sunday morning to Friday morning ($52.38 + $6.81 HST) (Which take place in the lounge that do not serve alcohol but uses kitchen facility and are less than 6 hours in length) (Facility Rental/Damage Deposit payable at time of booking) $682.75 $341.37 $170.69 $284.48 $341.37 25% of rate $113.79 $50.21 $59.19 Regular Council - November 19, 2012 Cancelations: (No Deposit refunds will be made after December 31st) Garbage generated – per bag Hall Capacity: 149 people Hall Rental Schedule of Fees: (Daily Rates) Paul J. Yakabuski Community Centre (Summer Rates-Entire Centre) Your Bar ($1,621.27 + $210.77 HST) Municipal Bar ($991.90 + $128.95 HST) (Upstairs Lounge & Kitchen) Your Bar ($810.95 + $105.42 HST) Municipal Bar ($503.50 + $65.46 HST) (Ice Surface & Downstairs Kitchen)Your Bar ($810.95 + $105.42 HST) Municipal Bar ($503.50 + $65.46 HST) (Upstairs Lounge- up to 6 hours) ($151.05 + $19.64 HST) (Which take place in the lounge that do not serve alcohol or use kitchen facility and are less than 6 hours in length) Rates occurring on off-times – Sunday morning to Friday morning ($122.75 + $15.96 HST) (Which take place in the lounge that do not serve alcohol or use kitchen facility and are less than 6 hours in length) Rates occurring on off-times – Sunday morning to Friday morning ($147.14 + $19.13 HST) (Which take place in the lounge that do not serve alcohol but uses kitchen facility and are less than 6 hours in length) (Downstairs Lobby) Rates ($115.42 + $15.00 HST) (Which take place in the lobby that do not serve alcohol or use kitchen facility) Rates ($131.68 + $17.12 HST) (Which take place in the lobby that do not serve alcohol but uses kitchen facility) (Kitchen) ($125.88 + $16.36 HST) (Skate Sharpening Booth) monthly rate ($75.53 + $9.82 HST) (Pursuant to Resolution 13-0703-11) (Ice Rentals Rate for 20122013) for all user ($138.65+ $18.02 HST) NON-RESIDENT surcharge DEFINITION OF NON-RESIDENT: An individual who is not a resident or ratepayer or a child of a resident or ratepayer of the municipality. (Facility Rental/Damage Deposit payable at time of booking) Cancelations: (No Deposit refunds will be made after December 31st) (Charitable organizations) $400.00 $3.00 $1,832.04 $1,120.85 $916.37 $568.96 $916.37 $568.96 $170.69 $138.71 $166.27 $130.42 $148.80 $142.24 $85.35 $156.67 25% of rate $400.00 Regular Council - November 19, 2012 Who wish to use the lounge for fundraising functions provided that the organization is based within the boundaries of the Township of Madawaska Valley) ($503.50 + $65.46 HST) (Garbage generated) per bag (Business Sign Advertising – 4’x8’ sheet)($125.88 + $16.36 HST) on South wall of ice surface-annual charge Zamboni advertising ($201.40 + $26.18 HST) (3 year commitment) annual charge Ice Surface Capacity: 800 people / Upstairs Lounge Capacity: 285 people CARRIED. 9.4 10. $568.96 $3.00 $142.24 $227.58 Killaloe Community Policing and Advisory Committee Minutes September 27, 2012 07-1911-12 Moved by: Councillor Yantha Seconded by: Councillor Neuman THAT the Killaloe Community Policing and Advisory Committee Minutes of September 27, 2012 be received. CARRIED. By-Laws 10.1 By-Law 2012-83 RE: Development Charges - Effective November 1, 2012 - October 31, 2013 08-1911-12 Moved by: Councillor Yantha Seconded by: Councillor Neuman THAT By-Law 2012-83 Being a By-Law to amend the Development Charges as set out in Schedule "A" of By-Law Number 2008-12 and By-Law Number 2008-13 be given first and second reading this 19th day of November 2012. CARRIED. 09-1911-12 Moved by: Councillor Kulas Seconded by: Mayor Shulist THAT By-Law 2012-83 Being a By-Law to amend the Development Charges as set out in Schedule "A" of By-Law Number 2008-12 and By-Law Number 2008-13 be given third and final reading this 19th day of November 2012. CARRIED. 10.2 By-Law 2012-84 RE: Appointment of Municipal Auditors - MacKillican & Associates 10-1911-12 Regular Council - November 19, 2012 Moved by: Councillor Neuman Seconded by: Councillor O'Reilly THAT By-Law 2012-84 Being a By-Law to appoint an auditor licensed under the Public Accounting Act, 2004 be given first and second reading this 19th day of November 2012. CARRIED. 11-1911-12 Moved by: Councillor Yantha Seconded by: Councillor Kulas THAT By-Law 2012-84 Being a By-Law to appoint an auditor licensed under the Public Accounting Act, 2004 be given third and final reading this 19th day of November 2012. CARRIED. 11. Severances - None 12. Accounts 12.1 Council Approval Report - Municipal Vouchers 2012-10 Council questioned the purchase from Greenwood Paving (cold mix and expansion joint for sidewalks), Mr. Brown will address this item with the Operations Department at the next Roads, Property and Planning Committee Meeting. 12-1911-12 Moved by: Councillor Yantha Seconded by: Councillor Kulas THAT the Municipal Vouchers Report 2012-10 for October in the amount of $505,197.96 be accepted as presented. CARRIED. 12.2 Council Approval Report(s) - November 1st-15th, 2012 13-1911-12 Moved by: Councillor Yantha Seconded by: Mayor Shulist THAT the Council Approval Report(s) for November 1st-15th, 2012 in the amount of $151,335.41 be accepted as presented. CARRIED. 13. Correspondence - None 14. Old and New Business 14.1 Resolution from the Township of Brudenell, Lyndoch and Raglan November 11, 2012 - Councillor Yantha RE: Uploading Highway 62 to the Provincial Road System 14-1911-12 Moved by: Councillor Yantha Seconded by: Councillor O'Reilly Regular Council - November 19, 2012 WHEREAS Highway 62 is a vital transportation link to southern Ontario for local businesses and manufacturers located in the western sector of Renfrew County; AND WHEREAS the Municipality of Hasting Highlands plans to implement half load restriction on Highway 62 in the Spring of 2013 which would prevent fully loaded trucks from using this road; AND WHEREAS this restriction would have disastrous effects on the trucking industry and would have negative impacts on the significant number of trucks that use Highway 62 to travel to Toronto and Southern Ontario; AND WHEREAS this restriction would also have disastrous effects on the local forestry industry which has been through many hardships in the last few years by preventing fully loaded log trucks and lumber trucks from using this road; AND WHEREAS this restriction would force trucks to use alternate routes such as Schutt Road, increasing the number of heavy vehicles and may cause deterioration to these roads; AND WHEREAS Hasting Highlands is a lower tier municipality which has been burdened by the downloading of a major transportation route and does not have the financial resources to maintain Highway 62, which is significant to the entire region; THEREFORE be it resolved that the Township of Madawaska Valley petition the Provincial Government to upload Highway 62 to the Provincial road system. AND FURTHER THAT this resolution be circulated to Premier Dalton McGuinty, the Honourable Bob Chiarelli, Minister of Transportation, MPP John Yakabuski, Opposition Leaders, the County of Renfrew and local municipalities for their endorsement and support. CARRIED. 14.2 14.3 14.4 Dimestore Fishermen - Mayor Shulist Mayor Shulist explained he has been contacted by the Dimestore Fishermen as a follow up regarding hosting the event in 2013. Council noted they were not interested in pursuing the Dimestore Fishermen event in 2013. Lakewoods Resort Development Inc. Draft Conditions - Bryan Brown Council questioned Item #3 the naming of the road, and decided the Municipality maintains the control of the name of the road and if requested by the Developer this could be dealt with as part of the Sub-Division Agreement. 15-1911-12 Moved by: Councillor Yantha Seconded by: Councillor O'Reilly THAT Council accept the Lakewood Resort Development Inc. Draft Conditions as presented with the following amendments that Condition #12 would change to "the Municipality would be committing itself to allowing the subdivision to proceed in two phases" and that Condition #15 (b), (c) and (d) is subject to the County of Renfrew approval and THAT the Lakewood Resort Development Inc. account is paid in full with the Township of Madawaksa Valley. CARRIED. Draft Offer to Purchase - Amstutz Property - Bryan Brown Regular Council - November 19, 2012 14.5 14.6 Council agreed a copy of the Draft Offer to Purchase will be provided to the Amstutz family, however, the offer will not be formally made to the Amstutz family until the Lakewoods Resort Development Inc. account with the Municipality is paid in full, along with a retainer for the purchase of the property, and the County of Renfrew has approved the Draft Conditions. Letter from St. John Bosco School - November 19, 2012 RE: Future Developments of the Madawaska Valley Information. Former Barry's Bay Landfill Site Closure Item was dealt with in Closed Session. 15. Outstanding Matters - None 16. Closed Session 15-1911-12 Moved by: Councillor Kulas Seconded by: Councillor Yantha THAT the Meeting enter into Closed Session to discuss matters pertaining to "a proposed or pending acquisition or disposition of land by the municipality or local board"; and "litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board", Ontario Municipal Act 2011.c.25, s.239 (2)(c)(e). CARRIED. 17. Return to Open Session 16-1911-12 Moved by: Councillor Neuman Seconded by: Councillor Yantha THAT the meeting exit Closed Session. CARRIED. 18. Confirming By-Law 18.1 By-Law 2012-85 RE: Confirming By-Law - Council Meeting of November 19, 2012 17-1911-12 Moved by: Councillor Neuman Seconded by: Councillor Yantha THAT By-Law 2012-85 Being a By-Law to confirm the proceedings of the Council of the Corporation of the Township of Madawaska Valley at a Regular Council Meeting of November 19th, 2012 be given first and second reading this 19th day of November 2012. CARRIED. 18-1911-12 Moved by: Councillor Kulas Seconded by: Councillor O'Reilly THAT By-Law 2012-85 Regular Council - November 19, 2012 Being a By-Law to confirm the proceedings of the Council of the Corporation of the Township of Madawaska Valley at a Regular Council Meeting of November 19th, 2012 be given third and final reading this 19th day of November 2012. CARRIED. 19. Adjournment 19-1911-12 Moved by: Councillor Neuman Seconded by: Councillor Kulas THAT the Meeting adjourn at 8:43 p.m. CARRIED.