Once again a light agenda. The Closed Session does make note of the French School e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, (Minutes of Settlement – Conseil scolaire public du Nord-Est de l’Ontario). Perhaps there was some sort of settlement (or not). In any event the School will be opening at some point in a dedicated section of the mall based on Council’s approval of the School’s rezoning request.
Item 9.1.1 – Closed Meeting Investigation Report is worth noting. Apparently, there was a complaint filed about the Town’s Closed Session procedure for appointments to Boards & Committees. The complaint suggested that this was an item which should be discussed in Open Session. (My sense is that while there is an issue of confidentiality there is also an issue of transparency. Without an explanation of the Town’s deliberation process individuals are not able to properly understand what requirements are preferred and how they might better present their qualifications. A case could be made that the current process favours ‘insiders’ who might have ‘connections’ or non-public insights. I suggest the Town hold a workshop for all potential candidates for any committee so they might better understand the requirements and expectations of the ‘secret session’ selection committee.) FYI – I did not file the complaint. I would not consider sitting on any committee appointed by Council based on how they treated a former head of the Downtown Business Association. Rock the boat and you don’t just get tossed off, you get keel hauled. Here is a section of the report that indicates the Town is not prepared to revise its procedures. Staff likes it the way it is now. The full report is in the agenda package.
Closed Meeting Investigator Nigel Bellchamber released his report to the Clerk on June 2, 2020, and concluded “that the matter subject to this complaint deliberated at the closed session of Town Council on December 18, 2018 fell within the authority of the Municipal Act as one which could be considered in closed session and was appropriately conducted as such.
Mr. Bellchamber indicated that it has been his consistent advice over many years that it could be to the advantage of Council and open local government if candidates were publicly solicited, applications disclosed, and appointments made all in open session of Council. He offered that same advice to the Town of Parry Sound for consideration of future appointments.
It is not however the recommendation of staff to change the process at this time. Candidate submissions often include significant personal information as defined by the Ontario Information and Privacy Commissioner (e.g. work history and education) which is expected to be kept confidential. We might consider the application to sit on a board or committee more akin to a person applying for a job; discussions and decisions of which are kept confidential through the process until final selection is made. It is worth noting that the Investigator does acknowledge the two different approaches by municipalities of putting the material in open or closed meeting as both valid. A search of other Investigator Reports on the same topic consistently finds no fault with a municipality in going into closed meeting to discuss appointments to boards and committees under the reason “personal information about an identifiable individual”.”
2.1 – Proposed Zoning By-law Amendment Z/20/03 – 9 Church Street. There is no summary in the agenda package regarding this meeting beyond the title. Here is what I have found about the meeting from the Town’s website.
The applicant has requested to amend the C1 zone to permit a mixed use commercial and residential building. Ten residential units are proposed above the main floor commercial space. Specific exemptions include:
Increasing the maximum height from 10.5 metres to 18 metres;
Reducing the rear yard setback from 6 metres to 3 metres;
Provide an exemption to the cumulative residential floor area cap;
A minimum requirement of ten underground parking; and
Reduce the minimum parking space size from 3 metres by 6 metres to 2.79 metres by 6 metres.
The property’s address is 9 Church Street and is described as Lot 5 on the east side of Church Street, Plan 2. Please see the complete notice attached for additional information including a location map and appeal rights.
b) personal matters about an identifiable individual, including municipal or local board employees, (applications for Fence Viewers);
e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, (Minutes of Settlement – Conseil scolaire public du Nord-Est de l’Ontario);
f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, (Minutes of Settlement – Conseil scolaire public du Nord-Est de l’Ontario).
2.1 – Proposed Zoning By-law Amendment Z/20/03 – 9 Church Street.
4.1 – Lori McDonald, Director of Corporate Services/Clerk, Town of Bracebridge. Resolution of support to lobby provincial government for financial assistance to support municipalities in offsetting the financial impact of the COVID-10 pandemic.
Resolutions and Direction to Staff
9.1.1 – Closed Meeting Investigation Report.
That Council receives the Closed Meeting Investigation Report attached as Schedule A.
9.1.2 – Appointment of Mayor & Council Member as Shareholder Representatives to Lakeland Shareholders.
That pursuant to Section 3.7 of the Lakeland Shareholders Agreement, Council of the Town of Parry Sound appoints Mayor Jamie McGarvey, and as alternate, Councillor _____________________________ as Shareholder Representative for purposes of providing any consent or approval required by the Lakeland Shareholders Agreement or by the Business Corporations Act, for the term of Council ending November 30, 2022, or until such time as new members are appointed.
9.1.3 – Delegation to AMO.
That Council endorse the list of delegation topics at the AMO 2020 Virtual Conference per the attached report.
9.1.4 – Employee Food Drive.
That Council receive the report on the Employee Food Drive for information purposes.
9.2.1 – 2019 Annual Investment Report.
That Council accepts the 2019 Annual Investment Report attached as Schedule A, in accordance with Town’s Investment Policy.
9.2.2 – Municipal Modernization Program Project Deliverable Extension.
WHEREAS COVID-19 and Provincial Emergency Orders have impacted resources, the supply of services, and the ordinary course of businesses in general NOW THEREFORE IT BE RESOLVED THAT the Council of The Town of Parry Sound hereby requests the Ministry of Municipal Affairs & Housing to extend the deadline for the Third-Party Reviewers Report under the Municipal Modernization Program to March 31st, 2021;
THAT Council requests that the other corresponding reporting deadlines for the Interim Progress Report and the Draft of the Independent Third-Party Reviewer’s Report also be extended, and
THAT Council authorize the CAO to retain the appropriate consulting services to expedite the process and report to Council at a future date for ratification.
9.3.1 – RFQ – Sewer Flushing and Cleaning.
That Council accept the quotation from Municipal Sewer Services Inc. in the amount of $30,962.00, HST included, for sewer flushing and cleaning of approximately 7,700 metres of sanitary sewer and camera inspection and georeferencing of approximately 5,800 metres of sanitary sewer, this quotation being the lowest of three (3) quotations received.
9.4.1 – Temporary Patio Permissions for Restaurants During COVID-19.
Whereas in response to COVID-19, the Province of Ontario had limited the food and drink industry;
Whereas on June 8, 2020 the Province has reduced these restrictions and is permitting new patios or temporary additions to patios to provide more opportunities to local businesses while protecting health and safety, subject to municipal requirements; and
Whereas the Council for the Town of Parry Sound recognizes the need to support local businesses while protecting human health and safety during COVID-19.
Now Therefore be it Resolved that the Council for the Town of Parry Sound supports the Province’s goal of temporarily permitting new and larger patios to assist local restaurants and other licensed establishments until January 1, 2021; and further
that provided any new or expanded patio is on the Licensee’s property, the Town’s Zoning By-law and Site Plan Agreements will not apply to the temporary patio; and further
That any fees be waived for Sidewalk Patio Program until January 1, 2021.
9.5.1 – Establish Municipal Financial Assistance Program per FMC Recommendations.
10.2.1 – Claw Back Percentages for 2020 Property Taxes.
By-Law 2020 – 7049
Being a By-law to Specify the “Claw-back Percentages” in Respect of Properties in the Commercial Class for 2020 Taxation Year.