THE CORPORATION OF LOYALIST TOWNSHIP

Transcription

1 THE CORPORATION OF LOYALIST TOWNSHIP Eighteenth Session of Council - Monday, July 22, 2013 The Council for The Corporation of Loyalist Township met in regular session at 5:00 p.m. on Monday, July 22, 2013 in the Administration Building. PRESENT: Mayor Lowry, Deputy Mayor Bresee and Councillors Ashley, Daniliunas, Hegadorn, Ibey and Porter The following staff members were in attendance: Alida Moffatt, Acting C.A.O./Director of Finance Paul Snider, Director of Administrative Services/Clerk David Thompson, Director of Engineering Services Jenna Shultz, Assistant Township Engineer Andree Ferris, Recreation Director Jim Sova, Planner Comments are not verbatim ADOPTION OF AGENDA Adoption of Agenda Moved by Councillor Porter and seconded by Councillor Ibey that the agenda be adopted. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Disclosure of Pecuniary Interest and the General Nature Thereof Councillor Ashley declared a pecuniary interest regarding Closed Session, C.A.O.'s Department, Items 1 and 2 regarding two union matters as his spouse is employed by the municipality under the OPSEU Collective Agreement. Councillor Porter declared a pecuniary interest regarding By-law Removal of Holding Symbol - Baycreek (Babcock Mills) Phase 1 and By-law Assumption of a Portion of Potter Drive as she is an adjoining property owner to this development. CLOSED SESSION Closed Session Moved by Councillor Hegadorn and seconded by Councillor Porter that Council proceed into Closed Session as permitted under The Municipal Act, to consider: i) litigation or potential litigation and solicitor-client privilege regarding two proposed legal matters ii) labour relations and employee negotiations iii) a proposed or pending acquisition of land by the municipality regarding an application by the Ontario Heritage Trust iv) personal matters about an identifiable individual, including municipal employees Page 1 of 11

2 RISE AND REPORT Rise and Report Moved by Councillor Ashley and seconded by Councillor Hegadorn that Council rise and report in Open Session. Mayor Lowry reported that during the Closed Session portion of the meeting there were two legal matters, two union matters, a property matter and an employee matter discussed. PRESENTATIONS Bill McNaught - Cheque Presentation to Repair Gravestone Bill McNaught (great great grandson of Philip Ball) and Bob Kennedy presented 9 cheques to Mayor Lowry from various family members of Philip Ball to repair his gravestone at Union Cemetery. Mr. McNaught also presented a biography of Philip Ball and a document showing the location of Philip Ball s gravestone in Union Cemetery. MINUTES Council Minutes - July 8, 2013 Moved by Councillor Ibey and seconded by Councillor Hegadorn that the minutes of the Seventeenth Session (regular), July 8, 2013 be received and adopted. PUBLIC MEETING Public Meeting - Keeler Rezoning A public meeting was held in accordance with Section 34(12) of the Planning Act, R.S.O., 1990 and Loyalist Township Zoning By-law , as amended, to rezone property described as Plan 91, Lot 255, Part 2 on Reference Plan 29R-5809, with frontage on Cross and South Street in the Village of Odessa. There was no one in attendance who objected to the approval of this by-law. Mr. Keeler was in attendance to answer any questions on behalf of his wife, and Mr. Barnett. Moved by Councillor Ibey and seconded by Councillor Hegadorn that the Planning Technician/GIS Coordinator's report, July 11, 2013 re: Keeler Rezoning be received and that the Keeler zoning by-law application D , affecting property described as Plan 91, Lot 255, Part 2 on Reference Plan 29R-5809, with frontage on Cross and South Street in the Village of Odessa, be approved, and that By-law , as amended, to include a provision removing Section as applied to this lot, being a by-law to rezone the subject property from Residential Type One (R1) Zone to the Residential Type Four Exception Six (R4-6) zone to establish a semi-detached dwelling, be adopted, as amended. Enacted and Passed this 22nd day of July, Public Meeting - Presley Rezoning A public meeting was held in accordance with Section 34(12) of the Planning Act, R.S.O., 1990 and Loyalist Township Zoning By-law , as amended, to rezone property described as Plan 13A, Lots 5, 6 & 7, Part 1 on Reference Plan 29R-3070, and a portion of Part 1 of Plan 29R-4753, and addressed as 466 Absalom Street. There was no one in attendance who objected to the approval of this by-law. Page 2 of 11

3 Moved by Deputy Mayor Bresee and seconded by Councillor Porter that the Planning Technician/GIS Coordinator's report, July 11, 2013 re: Presley Rezoning be received and that the Wayne Presley zoning by-law application D , affecting property described as Plan 13A, Lots 5, 6 & 7, Part 1 on Reference Plan 29R-3070, and a portion of Part 1 of Plan 29R-4753, and addressed as 466 Absalom Street, be approved, and that By-law , being a by-law to rezone lands to allow a tri-plex as a permitted residential use in the Rural Residential Exception Four (RR-4) zone, be adopted. Enacted and Passed this 22nd day of July Public Meeting - Amherst Island Trailer Rezoning A public meeting was held in accordance with Section 34(12) of the Planning Act, R.S.O., 1990 and Loyalist Township Zoning By-law , as amended, to permit one trailer to be used as the primary use on a property for recreational living space on Amherst Island. Anthony Gifford, 5660 Front Road, Stella, spoke in opposition to the Amherst Island Trailer Bylaw. David Faraday owns property with a trailer on Amherst Island and he expressed concerns about limitations of permitting only one trailer per property and the application of the time periods under the Trailer Licensing By-law. Moved by Councillor Ibey and seconded by Deputy Mayor Bresee that the Planner's report, July 15, 2013 re: Amherst Island Trailer By-law and Zoning By-law Amendment be received and that By-law , being a by-law to establish zoning provisions to permit trailers on Amherst Island and By-law , being a trailer licensing by-law, be adopted. Enacted and Passed this 22nd day of July DELEGATIONS Peter Large, President, APAI re: Heritage Canada Foundation Names Amherst Island one of Canada s Top Ten Endangered Places in Canada due to the Threat of Wind Turbines and Request for Extension of Public Comment Period to 90 Days Peter Large, President, Association to Protect Amherst Island (APAI) thanked Council and the Heritage Committee for designating the dry stone walls on Amherst Island and the heritage status of the Pentland Cemetery. He also thanked Council for establishing the Owl Woods area and supporting the Neilson Store & Cultural Centre. In May of 2013, the APAI submitted a proposal to the Heritage Canada Foundation to include Amherst Island as one of the Top Ten Endangered Places in Canada. Andrea Cross provided a copy of the APAI proposal to members of Council. The APAI will work to have Amherst Island considered as SAVED in next year s endangered spaces listing and Council was advised that two further requests will be forthcoming from the APAI. Page 3 of 11

4 Mr. Large spoke regarding Algonquin s response to the submission of the Municipal Consultation form. Mr. Large advised that the APAI found the Algonquin response to the question of decommissioning to be lacking. Inconsistencies were pointed out which call into question Algonquin s commitment to decommissioning. Moved by Councillor Porter and seconded by Deputy Mayor Bresee that the presentation and correspondence from the Association to Protect Amherst Island, July 7, 2013 re: Heritage Canada Foundation Names Amherst Island one of Canada's Top Ten Endangered Places in Canada due to the Threat of Wind Turbines, APAI correspondence, July 12, 2013 re: Application by Windlectric for a Permit to Kill, Harm and Harass Species at Risk and Request for Extension of Public Comment Period to 90 Days and APAI Annotated Report re: Amherst Island Wind Project Species at Risk Report be received Strathcona Solar Initiatives re: microfit Solar Installations on Township Properties Scott O'Brien, Account Manager, Strathcona Solar Initiatives, was in attendance to answer any questions Council members may have. Moved by Deputy Mayor Bresee and seconded by Councillor Daniliunas that the Assistant Township Engineer's report, July 17, 2013 re: MicroFIT Solar Installations on Township Properties be received and that the following be adopted: 1. That the Township move forward with the required reviews for solar installations at the Amherst Island Fire Station, the Bath Fire Station, the Bath Recreation Department Garage, the Millhaven Garage, the Bath Water Treatment Plant, and the Bath Water Pollution Control Plan subject to the feasibility of the location based on a detailed review of engineering and architectural factors; 2. That a report be brought back for Council's consideration to confirm the recommended locations based on identifying the full costs to install, including any costs for structural remediation and the available funding sources for each installation. 3. That the solar installation at the Amherst Island Branch Library and Ferry Office be abandoned Debbie Barrett, 4455 South Shore Road, Stella re: Request for Extension of Public Comment Period Debbie Barrett, 4455 South Shore Road, Stella, asked that Council request an extension to the public comment period from 30 to 90 days and to address the environmental concerns to the proposed installation of submarine cable to Amherst Island. Moved by Councillor Ashley and seconded by Councillor Hegadorn that the verbal presentation by Debbie Barrett, 4455 South Shore Road, Stella re: Request for Extension of Public Comment Period be received. Page 4 of 11

5 Moved by Councillor Hegadorn and seconded by Councillor Porter that staff prepare a letter to the Minister of Natural Resources to request that the Minister extend the Public Comment period for the Windlectric application Number from 30 days to 90 days in view of the fact that this is the summer vacation period which includes the long weekend in August Rob Johnston re: Renewal Energy Projects Rob Johnston spoke to remind Council that all ratepayers pay for these renewable energy projects. Moved by Councillor Porter and seconded by Councillor Hegadorn that the presentation by Rob Johnston concerning the cost of renewable energy projects be received. REPORTS Engineering Department Bath STP Upgrades - Additional CSC Contribution Moved by Councillor Ibey and seconded by Councillor Daniliunas that the Assistant Township Engineer's report, July 16, 2013 re: Bath STP Upgrades - Additional CSC Contribution be received and that the Bath STP Headworks and Disinfection Upgrades budget (062502) be amended to recognize external funding from CSC in the amount of $283,427 with a corresponding reduction to the project's unfinanced capital outlay Question and Answer Councillor Daniliunas inquired of the Director of Engineering Services as to whether the Roads Crews need to conduct a brush cleanup following the storms of July 19 th. Mr. Thompson advised that work crews had conducted a road patrol to see the extent of damage from fallen trees and branches and had determined that there was very little damage of concern. David Thompson, Director of Engineering Services, advised Council that the Ministry of Transportation has requested that the Township allow drilling after hours at the ferry docks to facilitate some preliminary examination work for the new dock design. The Director is proposing that MTO be delayed in this work until September if possible due to the use of the temporary service ferry and the disruptions that this has caused. MTO will have a barge and tug boat in August. They have requested up to 6 nights of reduced service to allow them 8 hours of uninterrupted time to complete their study. Moved by Deputy Mayor Bresee and seconded by Councillor Ashley that staff be directed to act in the best interests of the residents of Amherst Island in the scheduling of MTO drilling and studies off the ferry docks, based on the direction of Council at this evening s meeting. Motion carried. Planning and Development Department Algonquin Power - Response to Municipal Consultation Form Moved by Councillor Ashley and seconded by Councillor Daniliunas that the Director of Planning & Development Services' report, July 15, 2013 re: Algonquin Power - Response to Municipal Consultation Form be received and that the Algonquin Power correspondence dated June 24, 2013 regarding the Loyalist Township municipal consultation form be received, and further that the municipality request that the following information be supplied immediately; Page 5 of 11

6 1. All revised cultural heritage reports. 2. A copy of the Ministry of Tourism, Culture and Sports letter. 3. Quantification of anticipated decommissioning costs and any expected offsetting salvage value Amherstview Auto Site Plan Control Application Moved by Councillor Ibey and seconded by Councillor Daniliunas that the Director of Planning & Development Services' report, July 15, 2013 re: Amherstview Auto Site Plan Control Application be received and that the Amherstview Auto Service application for site plan control, affecting property found in part of Lot 34, Concession 1, designated as Parts 4, 5 and 6 on Reference Plan 29R-999, be approved subject to the following conditions: 1. That these conditions apply to the site plan drawing set stamped by McIntosh Perry Consulting Engineers Ltd. dated May 15, The owner shall enter into a site plan agreement with the Township to be registered against the title of the affected lands, and the owner shall be advised adequate site plan security shall be required to the satisfaction of the Township in the form an irrevocable letter of credit, or cash, to the satisfaction of the Director of Finance. 3. The site plan approval, unless extended, shall lapse after one year from the Township approval, unless the owner has entered into a site plan agreement and posted the requisite security. 4. The owner shall pay all legal, professional, peer review and administrative costs incurred by the Township that are associated with the site plan approval and the site plan agreement. 5. The site plan drawings shall be amended to the Township s satisfaction to address the written comments of the Director of Planning Services, the Engineering Technician III in his memo of July 15, 2013, the County of Lennox & Addington letter of July 5, 2013 and the Cataraqui Region Conservation Authority letter of July 2, No construction or building shall occur until such time as the site plan agreement has been registered on the title of the property and adequate security has been provided in accordance with Township policy. 7. The owner shall provide the Township with an electronic copy (in AutoCAD format) of the site plan drawings upon final approval Ontario Association of Committees of Adjustment and Consent Authorities Moved by Councillor Daniliunas and seconded by Councillor Hegadorn that the Planning Technician/GIS Coordinator's report, July 11, 2013 re: Ontario Association of Committees of Adjustment and Consent Authorities be received for information Amherstview Seniors' Apartment - Housing Request Moved by Councillor Ibey and seconded by Councillor Deputy Mayor Bresee that the Director of Planning and Development Services' report, July 8, 2013 re: Amherstview Seniors' Apartment - Housing Request be received for information. The Planner, Jim Sova, was directed to advise Ms. Backholm of Council s decision. Page 6 of 11

7 Question and Answer None Recreation Department Amherst Island Stella Bay Boat Ramp Proposal Moved by Councillor Ashley and seconded by Councillor Ibey that the proposal submitted by the McDonald/Krakowsky Family dated June 2013 re: Amherst Island Stella Bay Boat Ramp Proposal be received and referred to budget deliberations Question and Answer None Finance Department Vacancy Rebates Adjustments Moved by Councillor Daniliunas and seconded by Deputy Mayor Bresee that the Property Tax and Assessment Clerk's report, July 15, 2013 re: Vacancy Rebates Adjustments be received for information Supplementary Tax Billing - St. Lawrence Youth Association Moved by Councillor Hegadorn and seconded by Councillor Porter that the Property Tax and Assessment Clerk's report, July 17, 2013 re: Supplementary Tax Billing - St. Lawrence Youth Association be received for information Reducing Communications Costs Moved by Councillor Daniliunas and seconded by Deputy Mayor Bresee that the Acting C.A.O./Director of Finance's report, July 17, 2013 re: Reducing Communication Costs be received for information Question and Answer None Administrative Services Department Procurement Policy - Quarterly Report for May to June, 2013 Moved by Councillor Ibey and seconded by Councillor Porter that the Director of Administrative Services/Clerk's report, July 15, 2013 re: Procurement Policy - Quarterly Report for May to June 2013 be received for information Question and Answer None ITEMS FOR ACTION Minister of Rural Affairs, Minister of Infrastructure & Minister of Transportation re: Municipal Infrastructure Program Moved by Deputy Mayor Bresee and seconded by Councillor Ashley that the correspondence from the Minister of Rural Affairs, Minister of Infrastructure & Minister of Transportation, July 11, 2013 re: Municipal Infrastructure Program be received and that staff be authorized to submit appropriate comments as considered necessary. Page 7 of 11

8 Town of The Blue Mountains re: "Not a Willing Host" for Industrial Wind Turbine Projects Moved by Councillor Ibey and seconded by Councillor Hegadorn that the correspondence from Town of the Blue Mountains, June 17, 2013 re: "Not a Willing Host" for Industrial Wind Turbine Projects be received Township of Warwick re: "Not a Willing Host" for Industrial Wind Turbine Projects Moved by Councillor Ibey and seconded by Councillor Hegadorn that the correspondence from the Township of Warwick, July 4, 2013 re: "Not a Willing Host" for Industrial Wind Turbine Projects be received Union of Quebec Municipalities re: Request for Financial Support for the Town of Lac-Megantic Moved by Councillor Ibey and seconded by Deputy Mayor Bresee that the correspondence from Union of Quebec Municipalities, July 8, 2013 re: Request for Financial Support for the Town of Lac-Megantic be received and a donation of $1, be approved, with funds to be obtained from the Council Ad Hoc Grants account Barb and Murray Crawford re: Request for Donation Day for Lac-Megantic Moved by Deputy Mayor Bresee and seconded by Councillor Hegadorn that the correspondence from Barb and Murray Crawford, July 14, 2013 re: Request for Donation Day for Lac-Megantic be received. Mayor Lowry requested that Mr. & Mrs. Crawford be advised that Council has taken the action requested in the form of a $1, donation to the Town of Lac-Megantic. BY-LAWS By-law Removal of Holding Symbol - Baycreek (Babcock Mills Phase 1 Councillor Porter had previously declared a Conflict of Interest regarding this matter and did not participate in the discussion or the vote on this matter. Moved by Councillor Ibey and seconded by Deputy Mayor Bresee that the Director of Planning & Development Services' report, July 11, 2013 re: Removal of Holding Symbol - Baycreek (Babcock Mills) Phase 1 be received and that By-law , being a by-law to remove the holding symbol on forty-one (41) single and semi-detached lots in Part of Lots 30 and 31, Concession 4, be approved. Enacted and Passed this 22nd day of July By-law Agreement with Wilton Women's Institute to assume Ownership of Wilton Hall & By-law Agreement with The Wilton Community Association Inc.re: Wilton Hall Moved by Deputy Mayor Bresee and seconded by Councillor Hegadorn that the Recreation Director's report, July 12, 2013 re: Wilton Hall be received and that the following be adopted: 1. That By-law , confirming the transfer of ownership of Wilton Hall from the Wilton Women's Institute to Loyalist Township be adopted. 2. That By-law , authorizing the execution of the operating agreement between the Wilton Community Association and Loyalist Township be adopted. Page 8 of 11

9 3. That staff be directed to proceed with the floor rehabilitation repairs to Wilton Hall as identified in the previous structural report completed by AECOM. 4. That $7,500 of the surplus funds resulting from the Painting of the Fairfield House project be transferred to the Wilton Hall project to cover the costs of additional engineering services for tender specifications. Enacted and Passed this 22nd day of July By-law Assumption of a Portion of Potter Drive Councillor Porter had previously declared a Conflict of Interest regarding this matter and did not participate in the discussion or the vote on this matter. Moved by Councillor Hegadorn and seconded by Councillor Ashley that the Director of Planning & Development Services' report, July 15, 2013 re: Establish Land as Part of Potter Drive be received and that By-law , being a by-law to establish Parts 1 to 7, Plan 29R and a one foot reserve on Plan 350, as a public highway, be approved. Enacted and Passed this 22nd day of July By-law Provincial Gas Tax Funding Moved by Councillor Ibey and seconded by Councillor Hegadorn that the Deputy Treasurer/Finance Supervisor's report, July 16, 2013 re: 2013 Provincial Gas Tax Funding be received and that By-law , authorizing execution of the Letter of Agreement related to funding provided by the Province of Ontario to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program be adopted. Enacted and Passed this 22nd day of July By-law Agreement with Acapulco Pools re: Pool Resurfacing, Tile and Grout Restoration Moved by Deputy Mayor Bresee and seconded by Councillor Porter that the Recreation Director's report, July 15, 2013 re: Pool Resurfacing, Tile and Grout Restoration be received and that the following be adopted: 1. That Tender No for Pool Resurfacing, Tile and Grout Restoration be awarded to Acapulco Pools Ltd., for the total tender price of $138,600, including HST and 5% contingency. 2. That surplus funds resulting from the purchase of the Recreation tractor in the amount of $14,600 be transferred to the Pool Resurfacing, Tile and Grout Restoration projects. 3. That By-law , authorizing the Mayor and Acting CAO to execute all contract documents, be approved. Enacted and Passed this 22nd day of July By-law Appoint Chief Administrative Officer Moved by Councillor Ashley and seconded by Councillor Daniliunas that By-law , being a by-law to appoint a Chief Administrative Officer be adopted. Enacted and Passed this 22nd day of July Page 9 of 11

10 INFORMATION ITEMS Information Items Moved by Councillor Ibey and seconded by Councillor Ashley that the following items be received for information: 1. Ministry of Natural Resources, July 16, 2013 re: Annual Rabies Control Operations for Municipal Property Assessment Corporation, July 8, 2013 re: Update from MPAC 3. Environmental Registry, July 10, 2013 re: Windlectric Inc., Amherst Island Wind Energy Project - Permit for Activities with Conditions to Achieve Overall Benefit to the Species 4. Environmental Registry, July 17, 2013 re: Amherst Island Wind Energy Project - Associated Public Lands Act Authorizations 5. Heritage Canada Foundation re: 2013 Top Ten Most Endangered Places List 6. Association to Protect Amherst Island (APAI) correspondence to MNR & MOE, July 7, 2013 re: Safety from Turbine Fires on Amherst Island 7. Association to Protect Amherst Island (APAI) correspondence to Algonquin Power, July 16, 2013 re: Decommissioning Costs for Wind Turbines 8. Building Permit Activity Report - June By-law Enforcement Activity Report - June 2013 ANNOUNCEMENTS AND ENQUIRIES Announcements and Enquiries Moved by Councillor Ashley and seconded by Councillor Ibey that Council donate a book of ferry tickets to the Amherst Island fundraising event at the Presbyterian Church on Amherst Island. Councillor Ibey advised that across from the railroad tracks at Coronation Blvd. that there was a black rock wedged in the tracks at the southwest corner. He requested that staff report this issue to CN and the OPP. Moved by Councillor Ibey and seconded by Councillor Hegadorn that: Whereas Resolution # adopted on April 8, 2013 by the Council of Loyalist Township requested that the Council or a representative of Council meet with the Premier and the Minister of Municipal Affairs, the Minister of the Environment or the Minister of Energy, And Whereas Council has been advised that a meeting with the Premier may not occur in the near future; Therefore Council resolves, as an alternative, to meet with the Minister of Municipal Affairs and Housing and the Minister of Energy at the annual Conference of the Association Municipals of Ontario in August of this year. MOTIONS OF CONGRATULATIONS AND CONDOLENCES Motions of Congratulations and Condolences Councillor Hegadorn requested that a letter of condolences be sent to the family of Russell Simmons. Mr. Simmons had owned Simmon s Feed & Seed in Wilton. Page 10 of 11

11 CONFIRMATORY BY-LAW Confirmatory By-law Moved by Councillor Ibey and seconded by Deputy Mayor Bresee that By-law , being a by-law to confirm the proceedings of Council at its meeting held on Monday, July 22, 2013 be adopted. Enacted and Passed this 22nd day of July ADJOURNMENT Adjournment Moved by Councillor Porter and seconded by Councillor Hegadorn that the meeting be adjourned at approximately 8:20 p.m. Mayor Clerk Page 11 of 11