THE CORPORATION OF THE TOWNSHIP OF ESSA REGULAR COUNCIL MEETING

WEDNESDAY, DECEMBER 16, 2015

A Regular Council meeting was held on Wednesday, December 16, 2015 in Council Chambers of the Administration Centre, Township of Essa.

In attendance: Mayor Terry Dowdall Deputy Mayor Sandie Macdonald Councillor Keith White Councillor Ron Henderson Councillor Michael Smith

Staff in attendance: G. Murphy, Chief Administrative Officer C. Healey, Manager of Planning & Development C. Mohr, Manager of Finance D. Perreault, Manager of Public Works C. Ross Tustin , Fire Chief B. Sander, Clerk

12. CLOSED SESSION

Resolution No: CR299-2015 Moved by: Macdonald Seconded by: White

Be it resolved that Council proceed to a Closed Session in order to address matters pertaining to personal matters about an identifiable individual, including Municipal or local board employees; a proposed or pending acquisition or disposition of land for Municipal or local board purposes; and, advice that is subject to solicitor/client privilege, including communications necessary for that purpose.

----Carried----

1. OPENING OF MEETING BY THE MAYOR

Mayor Dowdall opened the meeting at 7:14 p.m.

2. DISCLOSURE OF PECUNIARY INTEREST

Mayor Dowdall and Councillor Henderson declared a possible conflict of interest with Item 3 (Regular Council minutes) as they have familial relations with staff.

Mayor Dowdall declared a conflict on Items 3 (Public Meeting minutes) and 10 (h) (By-law) as he has a commercial property neighbouring one of the affected properties. He did not vote or participate in any discussion on these items.

Deputy Mayor Macdonald chaired this portion of the meeting.

3. ADOPTION OF PREVIOUS MINUTES AND MOTIONS

Resolution No: CR300-2015 Moved by: White Seconded by: Smith

Be it resolved that the motions duly passed and approved at the Committee of the Whole meeting of this date be approved; and That the minutes of the Public, Committee of the Whole and Regular Council meetings held on the 2nd day of December, 2015 be adopted as circulated.

----Carried----

Township of Essa Council - Minutes December 16, 2015

Mayor Dowdall and Councillor Henderson resumed their seats.

4. PRESENTING, REFERRING OR PASSING OF ACCOUNTS

Resolution No: CR301-2015 Moved by: Macdonald Seconded by: Smith

Be it resolved that payments dated November 26, 2015 to December 9, 2015 in the amount of $1,349,021.04 be approved.

----Carried----

5. CONSENT AGENDA

Resolution No: CR302-2015 Moved by: Macdonald Seconded by: Smith

Be it resolved that the items listed in the Consent Agenda dated December 20, 2015 be approved as presented, and that the necessary action be taken.

----Carried----

6. COMMITTEE REPORTS

a. Healthy Community Committee

Resolution No: CR303-2015 Moved by: Smith Seconded by: Macdonald

Be it resolved that the minutes of the Healthy Community Committee from their meeting of November 18, 2015 be received.

----Carried----

b. Economic Development Committee

Resolution No: CR304-2015 Moved by: Macdonald Seconded by: Henderson

Be it resolved that the minutes of the Economic Development Committee from their meeting of October 28, 2015 be received.

----Carried----

7. PETITIONS

8. MOTIONS AND NOTICES OF MOTIONS

a. Retention of Russell, Christie, LLP

Resolution No: CR305-2015 Moved by: Macdonald Seconded by: White

WHEREAS the Township of Essa has applied for a Court Injunction to obtain an order for Addiction Canada Inc. (AC/) to cease and desist the drug rehabilitation that is being undertaken at the property located at 8058 81

h Line, since the property is not zoned for such drug rehabilitation use; and WHEREAS the Township of Essa was using the law firm of HGR Graham Partners to act on the municipality's behalf in connection with this injunction; and WHEREAS the landlord alleged that Marshall Green of HGR Graham Partners was in a conflict situation in connection with this legal proceedings; and

2

Township of Essa Council - Minutes December 16, 2015

WHEREAS Marshall Green has decided that it would be in the best interests of the municipality if this file was transferred to another law firm rather than AC/ and/or the Landlord using this alleged conflict of interest as a tactic to delay the injunction proceedings in Court; NOW THEREFORE BE IT RESOLVED that the law firm of Russell, Christie, LLP in Orillia, Ontario be retained to represent the municipality in connection with the Court Injunction involving Addiction Canada Inc. and that HGR Graham Partners be requested to transfer their file in this matter to Russell, Christie, LLP.

----Carried----

9. UNFINISHED BUSINESS

10. BY-LAWS

a. By-law 2015-89

Resolution No: CR306-2015 Moved by: White Seconded by: Smith

Be it resolved that leave be granted to introduce By-law 2015-89, being a by-law to appoint a Deputy Clerk I Accessibility Coordinator; and, that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----b. By-law 2015-90

Resolution No: CR307-2015 Moved by: Smith Seconded by: Macdonald

Be it resolved that leave be granted to introduce By-law 2015-90, being a by-law to appoint the Deputy Clerk as the Deputy Issuer of Marriage Licenses, a person authorized to Issue Marriage Licenses in the absence of the Clerk; and, that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----

c. By-law 2015-91

Resolution No: CR308-2015 Moved by: White Seconded by: Macdonald

Be it resolved that leave be granted to introduce By-law 2015-91, being a by-law to authorize the Clerk and/or Deputy Clerk to perform civil marriage solemnization services in the Township of Essa; and, that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----

d. By-law 2015-92

Resolution No: CR309-2015 Moved by: Macdonald Seconded by: Henderson

Be it resolved that leave be granted to introduce By-law 2015-92, being a by-law to regulate the setting of open air fires and to prevent the spread of fires in the Township of Essa; and, that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----

3

Township of Essa Council - Minutes December 16, 2015

e. By-law 2015-93

Resolution No: CR310-2015 Moved by: Henderson Seconded by: White

Be it resolved that leave be granted to introduce By-law 2015-93, being a by-law to amend the Township's Zoning By-Law, By-law No. 2003-50, as amended, affecting property at Part Lot 7, Cone. 11, known as 5851 1 lh Line, Essa; and, that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----

f. By-law 2015-94

Resolution No: CR311-2015 Moved by: Macdonald Seconded by: White

Be it resolved that leave be granted to introduce By-law 2015-94, being a by-law to authorize the issuance of the Certificate of Maintenance and Final Acceptance (Aboveground Works) Ridgehi/1 Subdivision - Phase 1 (2022530 Ontario Limited), Plan 51 M-814; and, that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----

g. By-law 2015-95

Resolution No: CR312-2015 Moved by: Macdonald Seconded by: Smith

Be it resolved that leave be granted to introduce By-law 2015-95, being a by-law to authorize the issuance of the Certificate of Maintenance and Final Acceptance (Aboveground Works) Ridgehi/1 Subdivision- Phase 2 (AWT Holdings Inc.), Plan 51M-880; and, that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----

Mayor Dowdall declared a conflict on Item 1 O (h). He did not vote or take part in any discussion on this Item.

Deputy Mayor Macdonald chaired this portion of the meeting.

h. By-law 2015-96

Resolution No: CR313-2015 Moved by: White Seconded by: Henderson

Be it resolved that leave be granted to introduce By-law 2015-96, being a by-law to amend the Township's Zoning By-Law, By-law No. 2003-50, as amended, affecting properties at: Concession 9, Pt. Lot 16; Concession 9, Pt. Lots 12 & 13; 51 Margaret St, Angus; 6802 County Road 10, Baxter; Lots 94 to 103, M-1018; and 214 Thornton Avenue, Thornton; and, that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----Mayor Dowdall resumed his seat and chaired the remainder of the meeting.

11. QUESTIONS

4

Township of Essa Council - Minutes December 16, 2015

12. CLOSED SESSION (continued)

a. POTENTIAL LAND ACQUISITION I DISPOSITION Confidential Staff Report CA0039-15 submitted by the Chief Administrative Officer, re: Part of Block 125 - Plan 51 M-844.

Resolution No: CR314-2015 Moved by: Macdonald Seconded by: Henderson

Be it resolved that Confidential Staff Report CA 0039-15 be received; and That the Chief Administrative Officer be authorized to proceed with Option No. 2 as identified in this Confidential Report.

----Carried----

b. IDENTIFIABLE INDIVIDUAL I SOLICITOR-CLIENT PRIVILEGE Confidential Staff Report CA0040-15 submitted by the Chief Administrative Officer, re: Employee Matter and Solicitor-Client Privilege.

Resolution No: CR315-2015 Moved by: Macdonald Seconded by: Henderson

Be it resolved that Confidential Staff Report CA 0040-15 be received; and That the Chief Administrative Officer be authorized to proceed with Option No. 5 as identified in this Confidential Report.

----Carried----

c. IDENTIFIABLE INDIVIDUAL Confidential Verbal Report from the Chief Administrative Officer, re: Request from Resident for Reduction in Fees and Charges.

Resolution No: CR316-2015 Moved by: White Seconded by: Macdonald

Be it resolved that the confidential verbal report from the Chief Administrative Officer regarding a request from a resident for a reduction in fees and charges be received; and That the Chief Administrative Officer be authorized to proceed as directed by Council.

----Carried----

13. CONFIRMATION BY-LAW

By-law 2015 - 97

Resolution No: CR317-2015 Moved by: Henderson Seconded by: Macdonald

Be it resolved that leave be granted to introduce By-law 2015 - 97, being a by-law to confirm the proceedings of the Council and Committee of the Whole meetings held on this 161

h day of December 2015; and that said By-law be read a first, and taken as read a second and third time and finally passed.

----Carried----

5

Township of Essa Council - Minutes December 16, 2015

14. ADJOURNMENT

Resolution No: CR318-2015 Moved by: Macdonald Seconded by: Smith

Be it resolved that this meeting of the Council of the Township of Essa adjourn at 7:25 p.m. to meet again on the 201

h day of January, 2016 following Committee of the Whole. ----Carried----

Terry Dowdall, Mayor

Bonnie Sander, Clerk

6