The Midland Record

Regular Council

January 19, 2022

Who was there

Present (3): Jim Downer, Bill Gordon, Beth Prost

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (15 motions)

14 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That Council move into closed session; And further that this portion of the meeting be closed to the public pursuant to Section 239 of the Municipal Act, 2001, as indicated; Subsection 2e) Litigation or potential litigation, including matters before administrative tribunals, affecting the Town of local board  Appeal of Decision Minor Variance A. 11/2021 Decision – 1031 Glen Eagles Crescent Subsection 2b) personal matters about an identifiable individual Subsection 2e) Litigation or potential litigation, including matters before administrative tribunals, affecting the Town of local board Subsection 2f) Advice that is subject to solicitor-client privilege  Midland Police Services – Legal Update
Moved by Mike Ross, seconded by Beth Prost
Carried
That Council receive as information Confidential Staff Report CSR-2022-6 dated January 19, 2022 and the verbal presentation and update provided by the Executive Director of Planning, Building and By-law and the Manager of Planning at the Closed Meeting Session of Council held January 19, 2022, with respect to the Appeal of Minor Variance A.11/2021 - 1031 Glen Eagles Crescent; and That Council herein endorses the proposed recommendations contained in Confidential Staff Report CSR-2022-6 and authorizes Staff to proceed as directed.
Moved by Jim Downer, seconded by Bill Gordon
Carried
In favour (5): Councillor Jim Downer, Mayor Stewart Strathearn, Deputy Mayor Mike Ross, Councillor Cher Cunningham, Councillor Jon Main · Opposed (4): Councillor Bill Gordon, Councillor Beth Prost, Councillor Carole McGinn, Councillor Cody Oschefski
That Council acknowledges and accepts the confidential information provided by the Chief Administrative Officer at the Closed Meeting Session of Council held January 19, 2022, with respect to the Midland Police Services - Legal Update.
Moved by Cody Oschefski, seconded by Jon Main
Carried
That the contents of the Regular Council Agenda for January 19, 2022, be approved, as amended (Addition of Item 20.2 Motion for which notice was given, regarding request to AMO for a plan of action to address joint and several liability).
Moved by Cher Cunningham, seconded by Cody Oschefski
Carried
That the items and related recommendations contained within the January 19, 2022, Consent Agenda as consent items having been considered by Council be adopted.
Moved by Jon Main, seconded by Jim Downer
Carried
That Council resolve into the Committee of the Whole.
Moved by Beth Prost, seconded by Bill Gordon
Carried
That, further to the deputation provided by Mr. Ryan Murphy, regarding the proposed conversion of McCullough Lane to a walking path, the matter be
Moved by Cody Oschefski, seconded by Bill Gordon
Referred
That the recommendations of the Committee of the Whole for the meeting of January 19, 2022, be adopted as Resolutions of Council.
Moved by Jon Main, seconded by Jim Downer
Carried
That pursuant to Section 9.2 c) of Procedural By-law 2018-62, Council agrees to remain in session past 11:00 p.m. in order to deal with the remaining items included on the Agenda.
Moved by Jon Main, seconded by Bill Gordon
Carried
Whereas municipal governments provide essential services to the residents and businesses in their communities; and Whereas the ability to provide those services is negatively impacted by exponentially rising insurance costs; and Whereas one driver of rising insurance costs is the legal principle of ‘joint and several liability,’ which assigns disproportionate liability to municipalities for an incident relative to their responsibility for it; and Whereas, the Government of Ontario has the authority and responsibility for the legal framework of ‘joint and several liability;’ and Whereas the Premier of Ontario committed to review the issue in 2018 with a view to helping municipal governments manage their risks and costs; and Whereas the Association of Municipalities of Ontario on behalf of municipal governments has provided recommendations in this source document to align municipal liability with the proportionate responsibility for incidents and capping awards; Now, therefore be it resolved, that the Town of Midland does hereby support AMO’s recommendations; and Further be it resolved that the Town of Midland does hereby call on the Attorney General of Ontario to work with municipal governments to put forward a plan of action to address “joint and several liability” before the end of the government’s current term so that municipalities can continue to offer high quality services to their communities.
Moved by Stewart Strathearn, seconded by Jim Downer
Carried
That the following By-laws: By-law 2022-2 A By-law to provide rules governing the proceedings of its Council, Council Committees, and its Members’ Conduct and to repeal By-law 2018-62, as amended. By-law 2022-3 Appoint a Municipal Law Enforcement Officer for the purpose of enforcing parking and snow removal by-laws within the Town of Midland. By-law 2022-4 Appoint Municipal Law Enforcement Officers and Property Standards Officers for the purpose of enforcing By-laws within the Town of Midland and to repeal By-law 2012-63. By-law 2022-5 Agreement with Her Majesty the Queen in Right of Ontario as Represented by the Solicitor General for the provision of Police Services under Section 10 of the Police Services Act , R.S.O., c. P.15, as amended. By-law 2022-6 Authorize voting by internet and telephone for the 2022 Municipal and School Board Elections and Subsequent Elections. By-law 2022-7 Appointment of Srichandra Kurisetti as a Building Inspector and to repeal By-law 2019-39. be passed and enacted.
Moved by Beth Prost, seconded by Bill Gordon
Carried
That By-law 2022-8 being a By-law to adopt the proceedings of the Regular Council Meeting held January 19, 2022, be passed and enacted.
Moved by Cher Cunningham, seconded by Mike Ross
Carried
That this Regular Meeting of Council with Closed Session adjourn at 11:04 p.m.
Moved by Cody Oschefski, seconded by Jon Main
Carried
That this Closed Meeting of Council be adjourned at 6:23 p.m. and that Council now rise and report to Open Session
Moved by Carole McGinn, seconded by Jon Main
Carried
That the Committee of the Whole rise and report
Moved by Cher Cunningham, seconded by Carole McGinn
Carried

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