Corporation of the Township of Selwyn. Regular Council Meeting. Tuesday, November 13, Council Chambers, 1310 Centre Line

Transcription

1 Corporation of the Township of Selwyn Regular Council Meeting Tuesday, Council Chambers, 1310 Centre Line Regular Council Meeting Page 1 of 8 A regular meeting of the Council of the Township of Selwyn was held on Tuesday, at the Council Chambers, 1310 Centre Line. Present: Staff Present: Mayor Mary Smith Deputy Mayor Sherry Senis Councillor Donna Ballantyne Councillor Gerry Herron Councillor Anita Locke Janice Lavalley, Chief Administrative Officer Angela Chittick, Manager of Community & Corporate Services/Clerk R. Lane Vance, Manager of Financial Services/Treasurer (left at 6:27 PM) Robert Lamarre, Manager of Building and Planning Mike Richardson, Manager of Recreation Services (left at 5:45 PM) Rick Dunford, Manager of Public Works (left at 6:27 PM) Jeannette Thompson, Planner (left at 6:27 PM) Tania Goncalves, Deputy Clerk The Council meeting commenced at 5:00 PM with Mayor Smith in the Chair. Declaration of Pecuniary Interest None. Minutes Resolution No Minutes Deputy Mayor Sherry Senis Councillor Donna Ballantyne That the minutes of the regular Council meeting of October 16, 2018 be adopted. Deputations and/or Invited Persons and/or Public Meeting Angela Chittick, Manager of Community & Corporate Services/Clerk, announced that the Township of Selwyn is holding a public meeting to consider a request to stop up and close a portion of the West Esplanade in Bridgenorth. The Manager of Community & Corporate Services/Clerk provided a summary of the joint application from Susan Vallery; Doug and Donna Hayes; and Harold Doran to purchase portions of the unopened shoreline road allowance known as the West Esplanade that is adjacent to their properties located at 664, 660 and 634 Hatton Avenue in Bridgenorth. It was noted that the applicants have followed the Township s Procedure for Closure and Disposal of Road Allowances including the notice provisions. Two of the applicants were in attendance in support of the application. No one spoke in opposition to the application. No written correspondence was received related to the application. There were 13 members of the public in attendance. The public meeting concluded at 5:05 PM. Resolution No Request to Stop and Close Portion of West Esplanade Applicants Hayes, Vallery & Doran Councillor Donna Ballantyne Councillor Gerry Herron That the report of the Manager of Community & Corporate Services/Clerk regarding the request to stop up and close a portion of the West Esplanade in Bridgenorth be received for information; and Whereas Council declared portions of the West Esplanade in Bridgenorth adjacent to 664, 660 and 634 Hatton Avenue as surplus lands at their July 11,

2 Page 2 of meeting thereby commencing the process to stop up, close and sell the lands to Susan Vallery; Doug and Donna Hayes and Harold Doran; and Whereas the Township s Procedure for Closure and Disposal of Road Allowances requires that a Public Meeting be held to provide an opportunity for any members of the public to note any concerns; That By-law , to stop up, close and sell to the abutting land owners: Susan Vallery those lands described as Parts 2, 3 and 4 on 45R-16412, subject to a right of way over Part 3; Doug and Donna Hayes those lands described as Part 1 on 45R-16412; Harold Doran those lands described as Part 1 on Plan 45R-16431, be brought forward for passage under the By-law section of the agenda; and further That Council authorize the Clerk to execute any necessary documents to complete the transaction. Paul Hurley of Engage Engineering made a presentation to Council to provide alternatives for the construction of a sidewalk on the west side of Concession Street that included options for a trail connection on both the north and south side of the Fire Hall property. Resolution No Concession Street Sidewalk Deputy Mayor Sherry Senis Councillor Anita Locke That the presentation from Paul Hurley of Engage Engineering regarding the Concession Street sidewalk be received for information; and That Council endorse constructing a sidewalk on the west side of Concession Street from Reid Street to the northerly side of the Fire Hall property at Stanley Street and that this project be included in the 2019 Capital Budget; and That the remainder of the sidewalk construction on the west side of Concession Street be deferred until such time as the property at 37 Concession Street (known as Cottage Toys) is developed; and further that a trail connection from the west side of Concession Street through the southerly portion of the Fire Hall property to the existing Lakefield Trail be considered at a future time. Deputy Mayor Sherry Senis - yes Mayor Mary Smith - no Councillor Donna Ballantyne - yes Councillor Gerry Herron - yes Councillor Anita Locke - yes Planner Jeannette Thompson announced that the Township of Selwyn is holding a public meeting to consider various applications to amend the Comprehensive Zoning By-law for the Township of Selwyn, in accordance with Section 34 of The Planning Act. The prescribed notice of the public meeting was provided by prepaid first class mail to all residents within a 120 metre radius of the subject properties, as well as by way of a sign being posted on the properties. The notices were provided to the prescribed ministries and agencies via and were also available on the Township website. If a person or public body does not make an oral submission at the public meeting or make a written submission to the Township of Selwyn before the Zoning By-laws are passed the person or public body is not entitled to appeal the decision of the Council of the Township of Selwyn to the Local Planning Appeal Tribunal, nor can a person or public body be added as a party to the hearing of an appeal before the Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. In order to be notified of the decision of the Township of Selwyn on the proposed Zoning By-law Amendments, a written request must be made to the Township.

3 Page 3 of 8 A public meeting commenced at 5:30 PM to consider an application to amend the Comprehensive Zoning By-law for the Township of Selwyn, in accordance with Section 34 of The Planning Act. The amendment relates to the property described as Part of Lot 12, Concession 5 in the Ennismore Ward, municipally known as 900 Skyline Road. The subject lands are designated Rural in the Local Component of the County of Peterborough Official Plan; and are zoned Rural (RU) in the Township s Comprehensive Zoning By-law. The proposed zoning Bylaw amendment related to the subject lands will change the zoning to Rural Exception 568 (RU-568) Zone and Rural Residential (RR) Zone. The zoning Bylaw amendment is a condition of consent to sever application B-28-18, which was imposed by the Township. The intent of the consent to sever application is to create a 0.4 hectare (1 acre) residential lot. The proposed amendment will recognize lot area and frontage deficiencies of the retained lot; and the intended residential use of the newly created (severed) lot. The applicant was in attendance in support of the application. No one spoke in opposition to the application. There were 18 members of the public present. The public meeting concluded at 5:32 PM. Resolution No Zoning By-law Amendment 900 Skyline Road Ennismore Ward Councillor Donna Ballantyne Councillor Gerry Herron That the report of the Planner regarding the Zoning By-law Amendment related to lands described as Part of Lot 12, Concession 5 in the Ennismore Ward be received for information; and That By-law , being a By-law to rezone certain lands situated in Part of Lot 12, Concession 5 in the Ennismore Ward from Rural (RU) Zone to Rural Exception 568 (RU-568) Zone and Rural Residential (RR) Zone be brought forward to the By-law section of the agenda for consideration. Planner, Jeannette Thompson announced that the County of Peterborough and the Township of Selwyn are holding a joint public meeting to consider applications to amend the local component of the County of Peterborough Official Plan and the Comprehensive Zoning By-law for the Township of Selwyn, in accordance with Sections 17 and 34 of The Planning Act. The prescribed notice of the public meeting was provided by prepaid first class mail to all residents within a 120 metre radius of the subject properties, as well as by way of a sign being posted on the property. The notice was provided to the prescribed ministries and agencies via . The notice was also available on the County and Township websites. If a person or public body does not make an oral submission at the public meeting or make a written submission to the County of Peterborough and/or the Township of Selwyn before the Official Plan amendment is adopted and/or the Zoning By-law is passed the person or public body is not entitled to appeal the decision of the Councils of the County and the Township to the Local Planning Appeal Tribunal, nor can a person or public body be added as a party to the hearing of an appeal before the Tribunal unless, in the opinion of the Tribunal there are reasonable grounds to do so. In order to be notified of the decision of the County of Peterborough or Township of Selwyn on the proposed Official Plan or Zoning By-Law Amendment, a written request must be made to the County or Township. Planner Keziah Holden and Councillor Rodger Bonneau representing the County of Peterborough were present as the County is the approval authority for the Official Plan amendment application. A public meeting commenced at 5:32 PM to consider an application to amend the local component of the County of Peterborough Official Plan and the Comprehensive Zoning By-law for the Township if Selwyn, in accordance with Sections 17 and 34 of The Planning Act. The Township of Selwyn has initiated a zoning By-law amendment to add new regulations to the Township s Comprehensive Zoning By-law related to second units. It was noted that, concurrently, the County of Peterborough has received applications from the Townships of Selwyn, Asphodel-Norwood, Douro-Dummer and North Kawartha

4 Page 4 of 8 to amend the Local Component of the County Official Plan to add new policies which would specifically address second units. If approved, the Official Plan Amendment will permit second units in designations that permit detached, semidetached, or row dwellings. Mrs. Thompson noted that the Township s Zoning By-law presently establishes regulations related to Secondary Dwelling Units (Section 3.42) within areas that are serviced with municipal water and waste water services. If approved, the Township Comprehensive Zoning By-law would permit Second Units to be located in properties within the following zone categories: Residential Type One (R1); Residential Type Two (R2); Rural Residential (RR); Agricultural (A); and Rural (RU). Mrs. Thompson noted that a public open house was held on September 18, 2018 and that four (4) written comments have been received from the public. The majority of concerns have been related to parking requirements and the potential for Second Units to increase street parking. Mrs. Thompson noted that the Province has provided clear direction that municipalities are only able to require one (1) additional parking space for the second unit. The Township s zoning By-law requires two (2) spaces for the principal dwelling unit therefore the property owners would be required to provide a total of three (3) spaces for a property requesting a Second Unit. County Planner Keziah Holden advised that comments have been received from Peterborough Public Health, the City of Peterborough and Enbridge Gas expressing no concerns to the applications. No one spoke in favour of or in opposition to the applications. Council asked a series of questions related to the applications and noted that second units provided additional affordable housing options for the community. There were 19 members of the public present. The public meeting concluded at 5:41 PM. Resolution No Zoning By-law Amendment Second Units Deputy Mayor Sherry Senis Councillor Anita Locke That the report of the Planner regarding the Official Plan and Zoning By-law Amendments intended to establish Township-wide Second Unit policies/regulations be received for information; and That staff consider the input received resulting from the public meeting and bring back a recommendation for Council s consideration at a future Council meeting. A public meeting commenced at 5:41 PM to consider an application to amend the Comprehensive Zoning By-law for the Township of Selwyn, in accordance with Section 34 of The Planning Act. The amendment relates to the property described as Part of Lot 1, Concession 1 in the Smith Ward, municipally known as 25 Lily Lake Road. The subject lands are designated Rural in the Local Component of the County of Peterborough Official Plan; and are zoned Rural (RU) in the Township s Comprehensive Zoning By-law. The proposed zoning Bylaw amendment related to the subject lands will change the zoning to Rural Exception 567 (RU-567) Zone. The amendment will address the conversion of the existing dwelling to an accessory structure dedicated to an agricultural use and to recognize the existing setbacks and height of the converted accessory structure. Township Planner Jeannette Thompson noted that comments have been received from the Otonabee Region Conservation Authority and the Ministry of Transportation with no objections to the application. The applicant s Planner Kevin Duguay spoke in support of the application and noted that the applicant was also in attendance. Adjacent landowner, Jeff Armitage, asked a series of questions regarding the application specifically the expropriation settlement of portions of the property by the Ministry of Transportation (MTO). Mr. Armitage was advised that the Township is not privy to the expropriation settlement agreement with MTO but reiterated that the MTO had no concerns with the application. There were 16 members of the public present. The public meeting concluded at 5:51 PM. Resolution No Zoning By-law Amendment 25 Lily Lake Road Smith Ward Councillor Gerry Herron Councillor Anita Locke

5 Page 5 of 8 That the report of the Planner regarding the Zoning By-law Amendment related to lands described as Part of Lot 1, Concession 1 in the Smith Ward be received for information; and That By-law , being a By-law to rezone certain lands described as Part of Lot 1, Concession 1 in the Smith Ward from Rural (RU) Zone to Rural Exception 567 (RU-567) Zone, be brought forward to the By-law section of the agenda for consideration. Resolution No Parking Concerns 85 Concession Street Deputy Mayor Sherry Senis Councillor Donna Ballantyne That the verbal update provided by the Manager of Community & Corporate Services/Clerk regarding parking concerns at 85 Concession Street, Lakefield (Village Manor Apartment) noting that an interim solution for some of the residents to use the former Ridpath Public School parking lot, be received for information. Question Period Council entertained questions from the public from 5:53 PM 5:59 PM. Municipal Officers & Staff Reports Direction Resolution No Elimination of the One-Third Tax Free Exemption for Municipal Officials Deputy Mayor Sherry Senis Councillor Donna Ballantyne That the report of the Chief Administrative Officer with regard to the elimination of the one-third tax free exemption for Municipal Officials be received for information; and That the Township of Selwyn increase the base remuneration of Council members to offset the financial loss resulting from the elimination of the one-third tax free portion of a member s remuneration; and that By-law , being a By-law to establish rates of remuneration for Council be amended to reflect the same and be brought back to a future Council meeting; and That staff proceed with the 2018 to 2022 term review of Council remuneration relative to comparable municipalities as part of the 2019 work plan in order to ensure that the remuneration remains fair and reasonable. Resolution No Site Plan Agreement K.D. Properties Limited 1241 Buckhorn Road - File No. SP Councillor Gerry Herron Deputy Mayor Sherry Senis That the report from the Planner regarding a Site Plan Agreement for lands municipally known as 1241 Buckhorn Road in the Smith Ward (K. D. Properties Limited) be received for information; and That By-law to authorize the execution of a Site Plan Agreement between The Corporation of the Township of Selwyn and K.D. Properties Limited be brought forward to the By-law section of the agenda for consideration. Resolution No Zoning By-law Amendment Removal of a Holding Symbol 1241 Buckhorn Road Smith Ward Councillor Gerry Herron Councillor Anita Locke That the report of the Planner regarding the Zoning By-law Amendment Removal of a Holding Symbol related to lands municipally known as 1241 Buckhorn Road in the Smith Ward be received for information; and

6 Page 6 of 8 That By-law , being a By-law to rezone certain lands municipally known as 1241 Buckhorn Road in the Smith Ward from Highway Commercial Exception 542-holding (C1-542(h)) Zone to Highway Commercial Exception 542 (C1-542) Zone, be brought forward to the By-law section of the agenda for consideration. Consent Items Resolution No Municipal Officer s and Staff Reports Consent Items Councillor Donna Ballantyne Councillor Anita Locke That the report of the HR Coordinator dated November 13 th, 2018 with respect to the Organizational Policy Updates be received for information; and that the Organizational Policies be updated as noted in the report and inclusive of Council s feedback and further that Complaint Policy 2.6 be removed from the Organizational Policy and that the Customer Service Policy 2.4 be amended to include Appendix B Process for Customer Complaints; and That the report of the Manager of Public Works be received for information and that staff be authorized to proceed with tendering for the purchase of two tandem plow trucks in accordance with the approved equipment replacement schedule; and That the report of the Economic Development Coordinator regarding the proposed changes to the Economic Development and Business Committee Terms of Reference be received for information and that the Terms of Reference, as updated, be approved; and Correspondence for Direction: That the following items of correspondence be received for information and that staff proceed with the recommended direction therein: 1. Correspondence 85 Concession Street Parking That the correspondence from Bob Mosurinjohn related to parking concerns at 85 Concession Street (Village Manor Apartments) be received for information; and Whereas some tenants do not have designated parking at the Peterborough Housing Corporation (PHC) owned Village Manor Apartments and are requesting that the Township permit overnight parking in municipal parking lots given that there is no overnight on-street parking permitted from November 1st to April 15 th in order to facilitate winter maintenance; and Whereas staff have provided some suggestions for alternate winter parking options as well as urging the residents to work with PHC to pursue options to add additional parking spaces at their Rabbit Street location to address long-term parking needs; That Mr. Mosurinjohn be advised that the Township does not permit overnight parking in municipal parking lots to facilitate winter maintenance as well as keeping these parking lots available for the facility s intended uses (e.g. access for fire fighters, arena users, etc.); and Correspondence for Information: That the following items of correspondence be received for information: 2. Association of Municipalities of Ontario - Bill 36 Ontario Cannabis Statute Law Amendment Act, 2018

7 Petitions None. Regular Council Meeting Page 7 of 8 3. Association of Municipalities of Ontario - Bill 36 Ontario Cannabis Statute Law Amendment Act Ready for Legislative Approval 4. Association of Municipalities of Ontario The Federal Gas Tax Fund 2017 Annual Report 5. Association of Municipalities of Ontario - Members Update: While You Were Busy 6. Rural Ontario Municipal Association - Notice of Call for Nominations - Deadline is December 31, Peterborough Public Health - Changes to the Cannabis and Smoke-Free Ontario Acts 8. Peterborough Public Health - Board of Health Meeting Summary, October 10, Peterborough Children s Water Festival 2018 Newsletter 10. Kawartha Chamber of Commerce Newsflash Oct-Nov Municipality of Brooke-Alvinston Provincial Agricultural Systems Mapping 12. Champlain Township Provincial Agricultural System Mapping 13. Peterborough County Plowmen s Association Thank You; and County Correspondence for Information: That the following items of correspondence from the County of Peterborough be received for information: 1. James A. Gifford Causeway Widening - Preload Contract Award of Tender No. T and Memorandum of Understanding 2. Development Charges Local Service Policy - Attachment - Development Charges Council Training Session 3. Peterborough Public Health 2019 Budget Request 4. Vacant Unit Rebate Program 5. Peterborough and the Kawarthas Economic Development - October 2018 President s Report to the Board 6. Minutes - October 3, Minutes - October 17, 2018; and Committee Reports That the minutes of the Library Board of October 2, 2018 and October 30, 2018; and That the news release from the Peterborough County OPP announcing a new Detachment Commander; and That the minutes of the Economic Development and Business Committee (EDBC) of October 23, 2018; and That the minutes of the Peterborough Police Services Board of September 18, 2018 and October 16, 2018 be received for information. Other, New & Unfinished Business Deputy Mayor Sherry Senis noted that the Township of Selwyn has been named the safest municipality in Ontario and the second safest municipality in Canada by MacLean s magazine published on November 5, Deputy Mayor Sherry Senis also congratulated gallery member Cindy Windover for being named Citizen of the Year at the Kawartha Chamber of Commerce s Awards of Excellence gala. By-laws Resolution No By-laws First, Second & Third Reading

8 Page 8 of 8 Councillor Anita Locke Councillor Donna Ballantyne That By-law , being a By-law to authorize a zoning By-law amendment at 25 Lily Lake Road; and That By-law , being a By-law to authorize a zoning By-law amendment at 900 Skyline Road; and That By-law , being a By-law to authorize the execution of Site Plan Agreement at 1241 Buckhorn Road; and That By-law , being a By-law to authorize a zoning By-law amendment at 1241 Buckhorn Road; and That By-law , being a By-law to stop-up, close and sell to the abutting land owners portions of the West Esplanade in Bridgenorth related to 664, 660 and 634 Hatton Ave. be read a first, second and third time and finally passed. Resolution No Closed Session Councillor Anita Locke Councillor Donna Ballantyne That the next portion of the meeting be closed to the public pursuant to Section 239 (1) (e) of the Ontario Municipal Act, 2001, S.O. 2001, c.25, as amended, in order that Council may discuss matters regarding litigation affecting the municipality (6:27 PM). Resolution No Rise Closed Session Councillor Anita Locke Deputy Mayor Sherry Senis That Council now rise from closed session (6:55 PM). Resolution No Confirming By-law Councillor Anita Locke Deputy Mayor Sherry Senis That By-law , a By-law to confirm the proceedings of the meeting of Council held on be read a first, second and third time and finally passed. Adjournment Resolution No Adjournment Councillor Donna Ballantyne Councillor Gerry Herron That the meeting be adjourned. (6:55 PM)