THE CORPORATION OF LOYALIST TOWNSHIP. First Session of Council January 12, 2009

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1 THE CORPORATION OF LOYALIST TOWNSHIP First Session of Council January 12, 2009 The Municipal Council for The Corporation of Loyalist Township met in regular session on Monday, January 12, 2009 at 7:00 p.m. in the Administration Building. PRESENT: REGRETS: Reeve McEwen, Deputy Reeve Lowry and Councillors Ashley, C. Bresee, and Ibey Councillor R. Bresee was absent due to a work related issue. Councillor Hudacin was absent due to illness. INTRODUCTIONS Introductions Ms. Pearce, C.A.O., introduced the new Recreation Director, Mrs. Cindy Lawson, who began her new position with the Township on January 5, Mr. Beckel, Planner/C.B.O., introduced the new Planner, Mr. Jim Sova, who commenced employment with the Township on January 5, ADOPTION OF AGENDA Adoption of Agenda Moved by Deputy Reeve Lowry and seconded by Councillor C. Bresee that the agenda be adopted, as amended, to add: 1. Schedule A to By-law Resolution (to follow By-law ) Jumbo Bankers Acceptances. 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 item regarding a union matter as his spouse is employed by the Township in a union capacity. Councillor Ibey declared a pecuniary interest regarding Items for Action #2, correspondence from the United Counties of Stormont, Dundas and Glengarry regarding Indigent Funerals as his son is a recipient of ODSP. MINUTES Minutes December 22, 2008 Moved by Deputy Reeve Lowry and seconded by Councillor Ashley that the Minutes of the Thirty-second Session of Council (regular), December 22, 2008 be received and adopted.

2 2 PUBLIC MEETING Public Meeting Water and Sewer Works Charges and Development Charges Reeve McEwen read the public notice regarding the increase in water and sewer works charges and development charges. A public meeting was held in accordance with Township Notice By-law to advise that the Township will be increasing Water and Sewer Works Charges and Development Charges effective January 1, This increase is in accordance with the provisions of the existing By-laws and a Subdivision Agreement. There was no one in attendance at the meeting who objected to this increase. Moved by Councillor Ibey and seconded by Councillor C. Bresee that the Financial Analyst s reports, January 7, 2009 re: Development Charges 2009 and Loyalist Farms Subdivision Agreement Residential Development Charges be received for information. REPORTS Engineering Department Completion of Design for Factory Street Reconstruction Moved by Deputy Reeve Lowry and seconded by Councillor Ashley that the Transportation & Solid Waste Manager s report, January 5, 2009 re: Completion of Design for Factory Street Reconstruction, be received and that the following be adopted: That Council authorize staff to make the following budget adjustment to fund Factory Street Reconstruction Design costs for Cost Centre John Deere loader Reduce by $25, Increase from $0 to $25, Response to Correspondence re: 19 Old Wilton Road Moved by Councillor C. Bresee and seconded by Councillor Ashley that the Transportation & Solid Waste Manager s report, January 7, 2009 re: Response to Correspondence re 19 Old Wilton Road, be received and that staff be directed to advise the Fields that the Municipality will not review their concerns as requested and encourage the Fields to hire an appropriate contractor Status of Guide Rail Upgrades on Bath Creek Bridge Moved by Councillor Ashley and seconded by Councillor Ibey that the Transportation & Solid Waste Manager s report, January 5, 2009 re: Status of Guide Rail Upgrades on Bath Creek Bridge be received for Council s information.

3 3 Finance Department Implementation of Rate Reduction Odessa Sewer Flat Rate Moved by Councillor C. Bresee and seconded by Councillor Ibey that the Director of Finance s report, January 7, 2009 re: Implementation of Rate Reduction Odessa Sewer Flat Rate be received and that the effective date of billing period ending January 15, 2009 for the implementation of the Loyalist East Sewage Works Odessa users flat rate as authorized by By-law be confirmed General Rate Budget Pressures Moved by Councillor C. Bresee and seconded by Councillor Ashley that the Director of Finance s report, January 7, 2009 re: 2009 General Rate Budget Pressures be received for information and that a general rate tax levy increase of 4.5% over the 2008 tax levy, after taking into account the tax room provided by assessment growth in 2008, be approved as a guideline for finalizing the draft 2009 budget to be presented for Council s consideration. Planning Department Waiver of Permit Fee for Barrier Free Ramps Moved by Councillor Ashley and seconded by Councillor Ibey that the Planner/C.B.O. s report, December 18, 2008 re: Waiver of Permit Fee for Barrier Free Ramps be received Final Plan Approval Lakeside Phase 3, Stage 2A Moved by Councillor C. Bresee and seconded by Deputy Reeve Lowry that the Planner/C.B.O. s report, December 22 nd, 2008, re Final Plan Approval Lakeside Phase 3, Stage 2A, be received and that the following be adopted: 1. That Council grant final approval pursuant to Section 51(58) of the Planning Act, R.S.O (post Bill 20) for the Lakeside (File D ) plan of subdivision dated December 22, 2008 for fourteen (14) single unit lots and a road called Islandview Drive, and further that staff be authorized to take the necessary steps to have the plan and requisite subdivision agreement registered at the Lennox and Addington County Land Registry office, subject to the owner posting adequate security for the subdivision agreement. 2. That the draft plan approval for Lakeside (File D ), as granted on February 14, 2005, including all draft conditions remain in place, for all lots noted in the approval, and save and except fifty-two (52) lots in Phase 1, thirty 30) lots in Phase 2, Stages 1 and 2, fifteen (15) lots in Phase 2, Stage 3, nineteen (19) lots in Phase 3, Stage 1, sixteen (16) lots in Phase 2, Stage 6 and fourteen (14) lots in Phase 3, Stage 2A.

4 Loyalist Farms/Leighton Lands Ltd.-Request to Remove Holding Symbol Moved by Councillor Ibey and seconded by Councillor Ashley that the Planner/C.B.O. s report, January 5 th, 2009, re Loyalist Farms Limited/Leighton Lands Ltd. Request to Remove Holding Symbol, be received and that the following be adopted: That the Loyalist Farms Limited/Leighton Lands Ltd. application to remove a holding symbol applying to Phase 3, Stage 2A lands of the Lakeside subdivision be received and that staff be authorized to complete the notification to the public in the manner prescribed by the Planning Act, R.S.O. 1990, as amended. ITEMS FOR ACTION Municipality of Clarington re: Lottery Licensing Moved by Councillor C. Bresee and seconded by Councillor Ashley that the correspondence from The Municipality of Clarington, December 9, 2008 re: Lottery Licensing Request for Process Streamlining be received and supported United Counties of Stormont, Dundas and Glengarry re: Indigent Funerals Councillor Ibey had previously declared a conflict of interest regarding this matter and did not participate in the discussion or vote on the matter. Moved by Deputy Reeve Lowry and seconded by Councillor Ashley that the correspondence from United Counties of Stormont, Dundas and Glengarry re: Indigent Funerals be received and supported, in principle AMO re: AMO Position on the Waste Diversion Act and the Blue Box Program Plan Review Moved by Councillor Ashley and seconded by Councillor C. Bresee that the correspondence from AMO, December 19, 2008 re: AMO Position on the Waste Diversion Act and the Blue Box Program Plan Review be received and supported Egg Farmers of Ontario re: Purchase of Locally Produced Foods Moved by Councillor Ibey and seconded by Councillor Ashley that the correspondence from the Egg Farmers of Ontario, December 22, 2008 re: Purchase of Locally Produced Food be received. BY-LAWS By-law Assumption of Works Amherst Drive Moved by Councillor Ibey and seconded by Councillor Ashley that the Planner/C.B.O. s report, December 18 th, 2008 re: Assumption of Works Amherst Drive be received and that the following be adopted: 1. That Council hereby authorizes final acceptance of the works for Plan 1081 Amherst Drive in accordance with Clause 50 in the subdivision amending agreement registered as Instrument No and that the outstanding letter of credit of $44,775 be released.

5 5 2. That By-law , being a by-law to assume all of Amherst Drive in Registered Plan 1081, be approved. Enacted and Passed this 12 th day of January By-law Pye Escrow Agreements Repeals Moved by Councillor C. Bresee and seconded by Councillor Ashley that the Planner/C.B.O. s report, December 18 th, 2008 re: Repeal Pye Escrow Agreements be received and that the By-law , being a by-law to repeal By-law regarding Pye escrow agreements be approved. Enacted and Passed this 12 th day of January By-law Lakeside Phase 3, Stage 2A, Subdivision Agreement Moved by Councillor C. Bresee and seconded by Deputy Reeve Lowry that the Planner/C.B.O. s report, December 22 nd, 2008 re: Lakeside Phase 3, Stage 2A, Subdivision Agreement be received and that the By-law , being a by-law to authorize the Reeve and Chief Administrative Officer to sign a subdivision agreement for Lakeside Phase 3, Stage 2A, be approved, but execution of the agreement be delayed until the security is posted with the Township. Enacted and Passed this 12 th day of January By-law Borrowing By-law for Construction Loan Financing (Schedule A provided as addition to agenda) Moved by Deputy Reeve Lowry and seconded by Councillor Ibey that the Director of Finance s report, January 7, 2009 re: Borrowing By-law be received and that the following be adopted: 1. That the list of projects with a revised gross Expenditure budget of $15,637,500 be confirmed to represent the projects to which this construction loan applies. 2. That By-law Borrowing By-law for Construction Loan Financing be adopted. 3. That the carrying costs (interest) of the construction loan advanced and on the general bank account overdraft be apportioned back to the department or service area incurring the cost. Enacted and Passed this 12 th day of January (added) Moved by Deputy Reeve Lowry and seconded by Councillor Ibey that the Royal Bank Resolution respecting Jumbo Bankers Acceptances be authorized. INFORMATION ITEMS Information Items Councillor Ashley requested details about Information Item #2 regarding the Amherst Island Ferry Service. The C.A.O., Ms. Pearce advised that she has not received a response from the Reeve s letter that was sent both by mail and requesting authorization of local staff to negotiate amendments to the ferry agreement. Reeve McEwen advised that he will contact Kathy Moore, MTO Director Eastern Region, directly.

6 6 Reeve McEwen requested that a meeting be requested with the Minister of Transportation at the Ontario Good Roads Association conference in February. Councillor Ashley noted the information Item 3 - letter from MTO identified the difference in operating costs for the Wolfe Island Ferry versus the Amherst Island ferry. Councillor Ashley requested the status of the Ministry of Municipal Affairs and Housing decision noted in Item 4. The Planner, Mr. Beckel, advised that the decision has not been made by the Ministry yet. The Township has the option to appeal the decision to the Ontario Municipal Board but the Township s defense must be based on current planning principles. Councillor Ashley enquired regarding status of a decision by the Ontario Power Authority regarding wind turbines. Mr. Beckel indicated that he checks the website daily and a decision has not been made yet. Moved by Councillor Ibey and seconded by Councillor Ashley that the following items be received for information: 1. Minister of Finance and Minister of Municipal Affairs and Housing, December 15, 2008 re: Ontario Municipal Partnership Fund (OMPF) allocations for Ministry of Transportation, December 1, 2008 re; Amherst Island Ferry Service 3. Ministry of Transportation, December 22, 2008 re: Amherst Island Ferry Service 4. Ministry of Municipal Affairs and Housing, December 22, 2008 re: Draft Decision with Modifications, Adopted Official Plan Amendment No MPAC, December 12, 2008 re: Current Value Interpretation 6. MPAC, December 15, 2008 re: 2008 Assessment Update 7. AMO, December 23, 2008 re: Federal Gas Tax Fund 8. By-law Enforcement Activity Report - December 2008 & 2007 and 2008 Statistics ANNOUNCEMENTS AND ENQUIRIES Announcements and Enquiries The Township Clerk, Ms. Hamilton, indicated that the OGRA Conference was scheduled at the same time as the February 23 rd, 2009 Council meeting and since several members of Council were going to be away, it would be appropriate to cancel the Council meeting. Moved by Councillor Ibey seconded by Councillor Ashley that the regular meeting of Council scheduled for February 23, 2009 be cancelled since several members of Council will be either attending the Ontario Good Roads Association (OGRA) conference or will be out of town. Ms. Hamilton also noted that over the weekend a radiator in the Old Town Hall, Bath, had burst causing water damage to the building and some of the Bath Museum artifacts that were stored in the building. She advised that the artifacts contained on the ground floor will have to relocated to a climate controlled site until repairs to the building can be completed. She indicated that the cost of the relocation and storage will be below the

7 7 Township s insurance deductible although it hasn t been determined yet if the Fairfield Gutzeit Society s insurance policy will assume the cost for the relocation. An update will be provided when more information becomes available. The C.A.O., Ms. Pearce, indicated that Mr. Stephen Sellers, representative with Ministry of Municipal Affairs, had advised her that the Ministry provides strategic planning sessions to municipal Councils and staff, at no cost. She suggested that he be invited to attend the February Administration Committee to explain more about this service. It was the consensus of Council members that Mr. Sellers be invited to attend the February 2 Administration Committee meeting. Ms. Pearce commended the Director of Finance, Ms. Moffatt, for being the first Loyalist Township staff member to complete the Municipal Management Program through Loyalist College. She indicated it was an extensive course with ten modules that deal with every aspect of municipal administration. Ms. Pearce noted that Troy Buchanan and herself are also enrolled in the program. Councillor C. Bresee enquired regarding the status of the asphalt plant in Wilton. Mr. Beckel indicated that he is waiting to see what the owners do. They have the choice to apply for rezoning or withdraw the plant from the site. He noted that he met with the owners and operators of the site on December 19 th and had a very constructive meeting. Councillor Ashley indicated he had received a letter from Ms. Diane Creber regarding the asphalt plant in Wilton and enquired if other members of Council had received the letter. Several members of Council noted that they had received the same letter and a copy had been forwarded to the Planner, Mr. Beckel for information. The Director of Finance, Ms. Moffatt, indicated that there are two capital budget meetings scheduled for next week and the agenda packages for both meetings have been placed in each Councillor s mail basket. MOTIONS OF CONGRATULATIONS AND CONDOLENCES Motions of Congratulations and Condolences The CAO, Ms. Pearce, advised that Greg Mills (Utilities Department) father had passed away Sunday night. CLOSED SESSION Closed Session Councillor Ashley had previously declared a pecuniary interest regarding the Closed Session matter and he left the meeting and did not participate in the discussion or vote on the matter. Moved by Councillor Ibey and seconded by Deputy Reeve Lowry that Council proceed into Closed Session as permitted under the Municipal Act to consider: i) personal matters about an identifiable individual, including municipal employees

8 8 RISE AND REPORT Rise and Report Moved by Deputy Reeve Lowry and seconded by Councillor Ibey that Council in Closed Session rise and report. The C.A.O., Ms. Pearce, indicated that during the Closed Session meeting the proposed Memorandum of Settlement between the municipality and the Canadian Union of Public Employees was discussed. Moved by Councillor Ibey and seconded by Deputy Reeve Lowry that Council ratify the Memorandum of Settlement between The Corporation of Loyalist Township and the Canadian Union of Public Employees and its Local 2150 to amend the Collective Agreement for the period from January 1 st, 2009 to December 31 st, 2011 as negotiated and signed by both parties on December 22 nd, CONFIRMATORY BY-LAW Confirmatory By-law January 12, 2009 Moved by Councillor Ibey and seconded by Councillor C. Bresee that By-law , being a by-law to confirm the proceedings of Council at its meeting held on Monday, January 12, 2009 be approved. Enacted and Passed this 12th day of January, ADJOURNMENT Adjournment Moved by Deputy Reeve Lowry and seconded by Councillor C. Bresee that the meeting be adjourned at approximately 8:20 p.m. REEVE CLERK