Body: Council Type: Minutes Meeting: Regular Date: April 19, 2011 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council th
April 19M 2011
Meeting No. 15 Time: 5:30 p.m. Location: Sydenham Present:
Mayor, Deputy Mayor Councillors,
Gary Davison MarkTinlin
John McDougall Allan McPhail Cam Naish Bill Robinson Del Stowe Ron Vandewal
Larry York Staff:
Wayne Orr, Clerk-Administrator; Angela Maddocks, Confidential
Secretary, Mark Segsworth, Public Works Manager, Lindsay Mills, Planning Coordinator, Deb Bracken, Treasurer, Suzanne RummeII, Deputy Treasurer, Ashley Brown, Recreation Coordinator, Alan RevUI, Chief Buildmg Official, Rick Chesebrough, Fire Chief 1.
Call to Order Resolution No. 2011-15-01
Moved by Councillor McDougall Seconded by Deputy Mayor Tinlin
THAT the Council meeting of April 19th'2011 be convened at 5:30 p.m. Carried. th
Wayne Orr noted that at the March 29tn Committee of the Whole meeting, Council was concerned with too much being drawn from reserves and the 4.98% proposed increase. He reported that the County budget has not yet been finalized and explained the impact of revenue reductions to the ODSP and the resulting possible changes to South Frontenac’s budget. He referred to the budget summary which reflects the discussions from March 29 andth an increase of 6.72%, noting that this increase does not translate directly to the bottom line of the tax bill.
Councillor Stowe suggested conducting only one bridge study for 2011. Councillor Robinson asked what the bottom line would be on the tax bill.
Deb Bracken explained that a specific bottom line on the tax bill is difficult
to determine given the phased in assessment. Deputy Mayor Tinlin asked for clarification on the 5% rationale.
Wayne Orr explained that 5% tax increase would affect each property differently as the assessments per district change. Councillor Vandewal felt that while the bottom line on tax bills will be lower
than the overall 6.72 % increase it will still be interpreted that way. Councillor Naish referred to the 1.98% tax increase in 2010 and how that
was reflected. He was concerned about selling a 4.98% increase in 2011. Mayor Davison commented that the County budget is not yet finalized and this could still impact the township budget. He noted that the County budget was presented as 0% increase.
Councillor Vandewal felt the township has to beg for our own money. He felt this meeting was not necessary as we have to wait until the county finalizes their budget.
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April19 2011
Councillor McPhail suggested taking the present budget and holding it static until clarification is received from the County.
Councillor Vandewal asked if the garbage charge will remain the same.
Wayne Orr confirmed that there is no change to the garbage charge. Discussion took place with regard to the bridge studies.
Mark Segsworth explained that municipalities are required to do inspections of their bridges and noted that we are not doing work for cosmetic reasons, there are structural needs. He stated that there are over 50 structures in
South Frontenac that are over the 3 metre span and there is a need to work
on extending the structure safety and be proactive in managing assets. He reiterated that the design work has been included in the budget proposal; however no actual construction will be completed in 2011.
Councillor York suggested that the township concentrate on one or two bridges and stagger the other needs over the next few years. Deputy Mayor Tinlin noted the importance of bridges and the safety issues. He commented that Council is not qualified to provide professional advice on these structures.
Councillor Vandewal asked if the cost to repair any of the identified bridges has been included in the budget.
Mark Segsworth explained that bridge construction is incorporated in the 5 Year Road Construction Plan.
Councillor McPhail agreed that there is a need to determine the necessary repairs to bridges and felt Council needs to plan ahead and why not do it now.
Councillor Robinson commented that council is only here to do their job and bring the tax dollars down. He stated that the bridges are okay now and that they were safe.
Mayor Davison reminded Council that it is wise to have projects ready in case any provincial or federal funding becomes available.
The addition of the proposed new public works position was then discussed. Councillor Vandewal felt this should be removed until needs are assessed.
Councillor Robinson agreed with removing this position from the budget.
Councillor McPhail had no problem with leaving the allocation in the budget for this position as he recognized there are various needs for extra employees as only the immediate needs are being met. He suggested that a strategic plan would be helpful and that the employee structure should be looked at first before advertising this position. Councillor Naish agreed with Councillor McPhaiI and that we should be
looking at a bigger picture for staffing. Councillor Vandewal stated that when asked every department will ask for more staffing. Councillor McDougalI and York agreed that there is a need to look at the bigger picture.
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Deputy Mayor Tinlin asked if an organizational review could be achievable in 2011.
Wayne Orr felt it could be done internally, and that funds are allocated to do
it externally. He noted that only part of the last organizational review conducted was implemented.
Councillor Stowe commented that a lot of money was been spent on the last organizational review.
Deputy Mayor Tinlin felt that the organizational review conducted five years ago would no longer be valid.
Councillor Naish questioned where the discussion was leading and asked
what budget increase was acceptable to Council.
Councillor Stowe commented that if we don’t need to spend money this year then why do it.
Wayne Orr felt the discussion was helpful and that staff need clarity and direction and if 5% is the target then that is what will be achieved.
The general consensus of Council was that a 5 - 6% increase was acceptable. Wayne Orr reviewed the Capital Budget as there had been no previous explicit instruction given.
Councillor McPhaiI commented that he was still not happy with the process surrounding the proposed installation of lights on the football field at the
Point Park. He noted that Council still has not received any recommendation from Loughborough Recreation.
The budget discussion portion of the meeting ended just prior to the regularly scheduled Council meeting of 7:00 p.m. 2. Declarations of Pecuniary Interest 3.
Delegations - nil
Public Meeting Resolution No. 2011-15-02
Moved by Deputy Mayor Tinlin Seconded by Councillor McDougalI THAT a public meeting be held to discuss planning matters related to: .
Review of an application for a Zoning By-law amendment in Part of Lot 4, Concession IV, District of Portland
(a)
Carried.
Zoning By-law Amendment Z-l 1/04, Concession IV, Part of Lot 4
Lindsay Mills recommended giving only first and second reading to this amendment which would rezone an approximately 47 acre portion of land to permit motorized vehicle racing events to occur on an occasional basis. The
third reading should be withheld until access issues over the Cataraqui Trail and K & P Trail are resolved. He also noted that this rezoning will formalize an existing use of approximately 5 events per year. There are no traffic hazards and the property is well able to accommodate this use. The Official Plan supports this type of use.
Councillor Naish asked if there was any alternative plan if the access issue is not resolved.
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Lindsay Mills stated that the County is generally supportive of this rezoning however there are not any alternatives.
Councillor York questioned how much of the trail will be used.
Lindsay Mills noted that the County will require proper signage on the trail.
Councillor Robinson commented that this rezoning is making the existing use legal.
Mayor Davison felt there must already be some agreement in place as this portion of the property would have been accessed previously for farm use.
Bill Hartwick who owns property to the north of the Day farm questioned the use of the word “occasional” in the rezonmg as it is used 5 days a week
for practices. He had no problems with the site however was concerned with
the dust from these events. He recognized that Mr. Day has made a commitment to address concerns with regard to the hours of operation. Roxanne Wright expressed her concerns with the serious dust issue and the
noise problem. She felt that the watering that has been done is not sufficient
and noted that she is driven inside during these events and can’t enjoy sitting
outside on_her own property. She noted that there are races every long weekend. She commented that there has been garbage left behind from some events and since this is a rental property, there is no owner to monitor this
problem. She also felt that her property value is being affected.
Mel Therien was also concerned about the environment and what was being done with the gas and oil used by the motorbikes. He was also concerned
about the noise problem and noted that Health Canada regulates the appropriate level of noise.
Travis Heska explained that all oil changes are done at home before the event.
Mayor Davison requested copies of the written concerns that have been expressed.
Councillor Stowe commented that the property owner has been conducting these events for years. He asked if a site plan will be required.
Roxanne Wright stated that there is a difference between the grass drags and what the track is being used for now.
Councillor Vandewal felt that the property owner is willing to work with addressing the concerns of neighbouring property owners.
Bill Day Jr. commented that he purchased a water tank last year to address the dust concerns and two full loads of water are put on the track before the event. With respect to the noise concerns, he noted that proper sound cards are used and they stay within the regulations. He also noted that the clean up of garbage and debris is the responsibility of the users.
Mayor Davison commented that the owner will be responsible for clean up and any spilling of gas and oil is serious environmental concerns.
Bill Day commented that with respect to the grass drags, users are respectful of clean up.
Gord Hanna stated that noise is an issue all day long when an event is ongoing. He noted that there is no break in the noise and he can’t sit outside
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and.!njoy_llis property-He felt that 8:0° a-m-on sunday mor»ingis tuo eariy for this type of noise.
Mayor Davison noted that the hours of operation would be part of the site plan agreement.
Jen Scott was also concerned about the noise and that events should not occur every weekend.
Roxanne Wright noted that McGuire’s are running these events and asked if the events would be limited to only five per year.
John McGuire of McGuire Motor Cross Racing explained that ATV and motor cross racing is family oriented with 6 different locations across
southern Ontario. He noted that they have strict rules and have $5 million in
liability insurance and medical staff on site. With respect to the noise concerns, Mr. McGuire stated that they meet the decibel standard which is
tested monthly. He felt these events offered affordable family fun with an average of 3-400 participants per event. Members are encouraged to purchase gas locally at these events. He felt these events support positive peer groups. He supported the rezoning and indicated that he would be
transparent in communications. He noted that they spend limited time in
each area and recognize that they can’t make everyone happy. He stated that there are two scheduled events, the first being June 17tfi and the other th August 12 . He stated that he does not want to see dust either and that his
company takes full responsibility for garbage.
Mel Therien asked about races scheduled for Sunday mornings and the increase in traffic volume.
Councillor Vandewal noted that there are 5 events scheduled however he felt
it was very vague and clear direction as to time and dates is necessary. Bill Hartwick was concerned with the use of the word “occasional” as he felt
there were more events than just a few per year.
Keith Lavallee spoke in favour of the rezoning. He commented that he has four children involved in this program. He referred to the South Frontenac
ATV By-law and noted that these events take place in a controlled environment. He noted that they can legally drive ATV’s on township roads but choose to do so in a controlled environment.
Mel Therien noted that previously he rarely saw any four wheelers on Harrowsmith Road however that has changed and now he sees lots of them.
Mr. Lavallee noted that 4 wheelers use the Cataraqui Trail. Mayor Davison noted that if 4 wheelers are on the Cataraqui Trail they are on there illegally. Roxanne Wright indicated that residents on Campbell Road have also complained about the noise. Lindsay Mills referred to the Planning Act requirements of circulating notice to property owners within 120 metres of the subject land.
Pam Rafferty spoke in favour of the rezoning and the positive role it provides for youth in the area. She noted that there is value and respect associated with the use of this track and it is considered a privilege to have this facility available.
Mayor Davison thanked those attending and recognized that there is fine tuning to do with the owner.
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Resolution No. 2011-15-03
Moved by Councillor McDougaIl Seconded by Deputy Mayor Tinlin
^?^J-a!l-^portl"“ty,hav.mg !)een Provided to discuss plannmg matters, that the public meeting be closed. 8.
Carried.
By-laws
With the consent of Council, the by-law portion of the agenda was then addressed.
Resolution No. 2011-15-04
Moved by Councillor Stowe
Seconded by Councillor Robinson
THAT the following by-law be given first and second reading: .
By-law 2011-24
Approval of Minutes
(a)
Committee of the Whole
Carried.
Resolution No. 2011-15-05
Moved by Deputy Mayor Tinlin Seconded by CouncUlor McDougall THAT the Committee of the Whole meeting minutes of March 29th, 2011 be approved. (b)
Carried.
Council
Resolution No. 2011-15-06
Moved by Councillor McDougaIl Seconded by Deputy Mayor Tiulin
THAT the Council meeting minutes of April 5th, 2011 be approved. Carried.
- Business Arising (a) John Enais, Government Relations Specialist, CAA South Central Ontario and Scott R. Butler, Manager, Policy and Research, OGRA, re: CAA South
Central Ontario and OGRA proposal to have H.S.T. gas tax revenue dedicated to transportation infrastructure and maintenance
Wayne Orr noted that Councillor Stowe had requested that this item be brought forward from the last meeting. Resolution No. 2011-15-07
Moved by Councillor McPhaiI Seconded by Councillor York THAT Council endorses the proposal of South Central Ontario and Ontario Good Roads Association to have the H.S.T. gas tax revenue dedicated to transportation infrastructure and maintenance as outlined in their correspondeuce dates March 15,2011. Carried. 7. Reports Requiring Action (a)
Accounts
Resolution No. 2011-15-08
Moved by Councillor McPhail Seconded by Councillor York
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T^iTA?^^!i ^?^ve..the paymen^^Lt!l!_Accounts payable Voucher dated April 14tn, 2011 in the amount of $422,255.62.
Carried.
(b) Livestock Valuations Resolution No. 2011-15-09
Moved by Councillor McPhail
Seconded by Councillor York
THAT subject _to the completion of the required affidavit, that Council approves the following livestock valuations: 1. 2.
NAME
AMOUNT
LIVESTOCK
Brian Rider
$ 617.50 $ 594.00
One Limo Cross Calf
Larry Veley
One Charlais Heifer Calf Carried.
(c) Report from Mark Segsworth, Public Works Manager, re: RFP P02-2011
Operation of ^Household Hazardous Waste Facifity and Transportation,
Processing and Disposal of Hazardous Waste
Mark Segsworth referred to his report and noted that reference checks have
been^completed on both contractors and both are highly recommended. He noted that he anticipated the facility will be in fuU operation by the mid to end of May. There is a need for the site to be fenced in order to define the
space for household hazardous waste. Mr. Segsworth explained that the operational costs should be less due to subsidies.
Councillor Stowe asked if the gas tax money can be used for this. Mark Segsworth stated that gas tax money was used for the construction of the building.
Councillor Vandewal asked if the electronic waste bins will be relocated to this site.
Mark Segsworth indicated that eventually the electronic waste bins will be moved to this site however e-waste is not subsidized. He also noted that bale wrap will be accepted at this site too.
Mayor Davison asked if the $35,000.00 included the management of the site as well as the disposal of hazardous materials.
Mark Segsworth confirmed that the price includes both. Resolution No. 2011-15-10
Moved by Councillor McPhail Seconded by CounciUor York THAT Council approves the submission of Brendar Environmental Inc. in
the amount of $35,214.50 in response to RFP P02-2011, operations of the
Township of south Frontenac Household Hazardous Waste Facility and Transportation, Processing & Disposal of the Hazardous Waste; AND further;
THAT the Mayor and CAO be authorized to enter into a contract between the Township of South Frontenac and Brendar Environmental Inc. Carried.
(d) Report from Mark Segsworth, Public Works Manager, re: Tender #2011-04
- Roadside Mowing Tender
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April 19th, 2011
Mark Segsworth explained that this tender is not as a result of the
dissatisfaction of .ork conducted ,n the past but part of the p^s to
forward with the tendering of services. He noted that nrferences
cheeked and Lewis Farms provides this service in several municipalities; H;
move were
acknowledged that they are not a local contractor and this’is not the traditional way this work has been done in the past.
Councillor Robinson felt that the township has always dealt with local
contractors who hire local employees and purchase their services in the
and that this should continue to be the practice. He noted that the tenders
area
have been changed and asked if this was a policy change.
Wayne Orr explained that the procurement policy was followed and this process helps to achieve better service and pricing. Councillor York echoed Councillor Robinson’s comments and he felt this tender should be awarded to local contractors. He asked where Lewis
Farms is located.
Mark Segsworth indicated that Lewis Farms is located in Ashton, Ontario and references were positive.
Mayor Davison commented that he would love to be able to say that pricing does not matter, however with a difference of $23,000.00 this makes
difference in the bottom line.
Councillor Vandewal agreed that if a local contractor submitted a price that
was comparable, he would prefer to award tenders to local contractors. He
^e?I,?^^IeL^e._as-a icoult?ci,1 member he is answerable to the tax payer and the price difference is substantial. ^O^I!^IlorJi<?we,n?,ted the differe]nce in the Prices submitted and suggested that this pricing difference could help cover the costs for the bridge studies
that are included in the proposed budget.
Mark Segsworth acknowledged Councillor Robinson’s comment regarding
the chan,ge in tenderil*g- He noted that previously roadside mowing was previously calculated by the hour and it now being tendered by the kilometre for cost certainty. He felt there was no reason not to recommend
the low bid and noted that we will be watching their progress and will not hesitate to address any concerns.
Councillor Stowe asked how many years this contract was for and if we are not satisfied with their work can we get out it.
Mark_Segsworth assured Council that if there are any problems, they will be addressed after the first cut.
Councillor Robinson then asked if it was a change in policy to go from per hour pricing to per kilometre pricing.
Mayor Davison noted that it is easier to track when charged by kilometre. Councillor Naish asked if it was a policy for Council to arbitrarily accept the lowest bid although he agreed that $23,000.00 was a significant
difference. He asked what the total expenditure for roadside mowing had been in 2010, however this information was not available at the meeting. Mark Segsworth noted that while the township has no direct experience with Lewis Farms all reference were positive. He agreed that the’total of roadside mowing should have been included in his report.
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£ouncJIl.or ^p,hlu agreed with acceptingthe ‘owest bid and acknowledged
the substantial difference.
counclllor MCD»uga" and D^Puty Mayor Tinlin agreed with accepting the lowest bid. Councillor Vandewal requested a recorded vote on this resolution. Resolution No. 2011-15-11
Moved by Councillor McPhail
Seconded by Councillor York
THAT Council[award Tender 2011-04, Roadside Moring to Lewis Farms in .
the amount of $26,408.10, including applicable taxes.
Carried.
RECORDED VOTES YES NO
ABSTAIN
J. McDougalI A. McPhail C. Naish
B. Robinson
YES
NO
ABSTAIN
D. Stowe M. Tinlin R. Vandewal L. York G. Davison
(e) Report from Ashley Brown, Recreation Coordinator, re: Parks Maintenance Tender
^s^l^i^r^^^r^lo^er^p.(Lr^f.^^n^i^-t?iat,t!li^ls.a.Ilewap,pro?!:h
to parks maintenance with the inclusion of Portland District parks. She reviewed the 2010 totals for parks maintenance and noted that including
Portland District, the total was $104,189.79 for last year.
Councillor Vaudewal asked about references. He questioned the comparison and noted the huge difference in pricing.
Ashley Brown confirmed that she has checked references for the 8 lowest bids. She also noted that the bids received were sent to the four district recreation chairpersons and the two comments received have been included in her report.
Councillor McPhaiI asked for clarification that the $60,421.00 in the report
represents all the lowest bids. He recognized the “apples to apples”
comparison however he noted that there are specific needs for each of these parks and wondered if this has been achieved.
Ashley Brown confirmed that the bids are for a seasonal rate based on a two year contract which she clarified to anyone who called her about this.
Councillor McPhail asked if these bids were only attributable to grass cutting.
Ashley Brown explained that there were “general provisions” and “special provisions” per park which were identified in the tender.
Wayne Orr explained that it is difficult to achieve a pure apple to apple
comparison as there were intangibles included that can’t be measureQut there was a clear definition of the scope of work required. He noted that some components were not included in the tender.
Councillor Naish questioned the significant difference in bids received for
the _ Gerald Ball Memorial Park and felt that may have been some misinterpretation of the tender.
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^1!^I.l!r^n_d<lT.IJIgreed that thebids appear to be all over the map, but
n^that the roadside mo^g tenders were also all over the mapT-He felt «.at if references have bee, checked out the, it ^ okay to ac-^theTe bids. Councillor Robmson asked if she had assistance with developing the tender. H^that Ported D^ict has a^ys had a student ^ did agood job and he felt there .as _still something wrong with the numbersBand questioned what would be done with the equipment that has been used
Portland District in the past.
<
in
^^i?^^.^o!.ed.tha?.,c?l?.n,cil wasinformed of tl*c process and explained
thaUhe equipment will still be used by a student for the OFF Station and
the Keeley Road facility but not on areas that are dependent on user groups: CounciUor Sfwe asked if any tenders received were from companies with
no experience.
Ashley Brown confirmed that all contractors have experience and reference checks. She noted that there was a subcontractor provision in the tender
and that this was a two year contract with options to terminate. She noted
that the district recreation committees will advise and help to monitor the progress
.
Councillor Stowe recognized that this is new ground for South Frontenac to
tender out all parks at one time.
Councillor Robinson requested a recorded vote. Resolution No. 2011-15-12
Moved by Councillor Stowe
Seconded by Councillor Robinson
THAT Council award Tender # 2011-03, Parks Maintenance to the followmg:
CONTRACTOR
Hughes Construction and Landscaping Hughes Construction and Landscaping
PARK
ANNUAL COST FOR 2011 & 2012
GJLMOUR POINT
$3,135.00
BATTERSEA BALL DIAMOND
$2,945.00
STORRINGTON CENTRE (EXTERIOR)
$995.00
GERALD BALL MEMORIAL PARK
$5,700.00
Shaws Landscaping and Snow Plowing Hughes Construction and Landscaping
Austin Fox Plumbing and Heating
INVERARY PARK
Maid Clean
LATIMER PARK
The Catron Group
DAVIDSON BEACH
$2,800.00 $1/700.00 $1,800.00
Care
MEMORIAL PARK
$6,000.00
P.H. Snider
MILL PARK
$3,091.00
Maid Clean
WILMERPARK
Maid Clean
HARRIS PARK
$2,500.00 $1,500.00
Terry’s Plowing and Lawn
Terry’s Plowing and Lawn Care
Maid Clean
Hughes Construction and Landscaping
DAVE BOWES MEMORIAL PARK TOWNSHIP OFFICE GROUNDS AND LIBRARY GROUNDS CENTENNIAL PARK
$6,000.00 $1,300.00 $6,270.00
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Hughes Construction and
Landscaping
PRINCESS ANNE COMMUNITY CENTRE AND OLD SCHOOL HOUSE$2,280.00
Hughes Construction and LIONS CLUB BALL DIAMOND AND Landscaping
LIONS CLUB MINI PARK MCMULLEN PARX
P.H. Snider
Hughes Construction and Landscaping
$3/230.00 $780.00
MCMULLEN SOCCER PARK
Noonan’s Grass Cutting
$2485.00 $2/268.00
TETT PARK
GLENDOWER BALL FIELD AND
Noonan’s Grass Cutting Noonan’s Grass Cutting
PARK
$2,622.00 $1,320.00 $60,421.00
SALEM CEMETERY
TOTAL
Carried.
RECORDED VOTES YES NO
ABSTAIN
YES
J. McDougalI
D. Stowe
A. McPhail
M. Tinlin R. Vandewal L. York
C. Naish
B. Robinson
NO
ABSTAIN
G. Davison
Reports for Information
(a) Building Department Quarterly Report Wayne Orr noted that the numbers are down some however there have been lots of activity since this report was submitted. 10. Information Items (a)
Bryan Clarke, Executive Director, Association of Ontario Road Supervisors, re: David Holliday - Certification
Council acknowledged the achievement of David Holliday. 11. New Business
(a)
Councillor Stowe referred to an inquiry he received from Boyd Pratt who owns property on Devil’s Cove Lane and whether Council will ever exercise a
“user pay” with respect to garbage and recycling. It was agreed that this inquiry should be referred to the Public Works Services Committee for consideration. 12. Committee Minutes - nil 13.
In Camera
Resolution No. 2011-15-13
Moved by Councillor Stowe
Seconded by Councillor Robinson
THAT the Council meeting of April 19th, 2011 move in-camera to discuss matters related to personnel, property matters and litigation. Carried. Resolution No. 2011-15-15
Moved by Councillor Vandewal
Seconded by Councillor Naish
THAT the Council meeting of April 19th, 2011 move out ofin-camera. Carried.
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- Confirmatory By-law Resolution No. 2011-15-16
Moved by Councillor Naish
Seconded by Councillor Vandewal
THAT By-law 2011-25, a by-law to confirm generally previous actions of the
^lo^eTo^ipofSouU. F.onte.ac,be given .ad a first and second time this 19tn day of April 2011.
Carried.
Resolution No. 2011-15-17
Moved by Councillor Vandewal
Seconded by Councillor Naish
T^AT..B,y«!^w 201125’be read a third time> signed and sealed this 19thday
of April 2011.
Carried.
- Adjournment Resolution No. 2011-15-18
Moved by Councillor Naish
Seconded by Councillor Vandewal
THAT the Council meeting of April 19th, 2011 be adjourne^ 8:50 p.m. \
<^
^^^^^^^^^
Carried
ri^ di^ii^trator r^
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