Fourteenth Session of Council - July 27, 2009

Transcription

1 THE CORPORATION OF LOYALIST TOWNSHIP Fourteenth Session of Council - July 27, 2009 The Municipal Council for The Corporation of Loyalist Township met in regular session on Monday, July 27, 2009 at 7:00 p.m. in the Administration Building. PRESENT: Reeve McEwen, Deputy Reeve Lowry and Councillors Ashley, C. Bresee, R. Bresee, Ibey and Hudacin INTRODUCTION Introduction The Township Clerk, Ms. Hamilton introduced Ms. Jane Austin, the new Administrative Assistant, Reception/Clerk's Department to Council members. PRESENTATIONS Presentation - Keith Miller Councillor Ashley presented Keith Miller with his 10 year employee service recognition award. ADOPTION OF AGENDA Adoption of Agenda Moved by Councillor C. Bresee and seconded by Deputy Reeve Lowry that the agenda be adopted, as amended, to: 1. Add to Public Meeting portion of agenda - correspondence from C.R.C.A., July 24, 2009 re: Application for Zoning By-law Amendment - Bath Park. 2. Add to Public Meeting portion of agenda - correspondence from Mark Roy and Ken Shelley dated July 27, 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 Item #1 of the Closed Session portion of the meeting regarding a union matter as his spouse is currently employed by the Township in a union position. MINUTES Minutes - July 13, 2009 Moved by Councillor R. Bresee and seconded by Councillor Ibey that the minutes of the Twelfth Session (regular), July 13, 2009 be received and adopted. Page 1 of 9

2 Minutes - July 15, 2009 Moved by Councillor R. Bresee and seconded by Deputy Reeve Lowry that the minutes of the Thirteenth Session (regular), July 15, 2009 be received and adopted. PUBLIC MEETING Bath Park adjacent to Fire Hall Site Rezoning A public meeting was held in accordance with Section 34(12) of the Planning Act, R.S.O., 1990, to consider the proposed amendment that applies to property described as part of Lot 10, Concession 1, Plan 29R-6734 in Bath, found on the west side of Church Street (County Road 7), and immediately west of the Bath Fire Hall. Cathy Thomas attended as a representative from St. John s Anglican Church, Hall and cemetery. She expressed her concerns regarding the proposed skateboard park and indicated there would be problems related to parking and littering. She suggested Finkle Park as an alternative site for a skateboard park. She indicated that she wasn t able to attend the Open House and therefore hadn t had an opportunity to view the concept plan. Councillor Ibey indicated that the park is where it is because the community of Bath asked Council to create the park. It wasn t a park before as it was zoned open space. Councillor Hudacin indicated that the members of the community can share in creating the concept of the park. Councillor R. Bresee indicated that this is the time to express concerns. He noted that he felt it was a good location for a proposed skateboard park because it was near the school. He indicated that he felt that the more things that can be done to keep children occupied, the better. Councillor C. Bresee indicated that the location is a beautiful piece of property. He also noted that, as a former teacher, in his opinion there is no such thing as a bad kid, just kids that are not well supervised. Reeve McEwen objected to individuals commenting on the fact that the skateboard park will bring kids in from outside the community. He noted that the park is a regional park and isn t any different than the Recreation Centre in Amherstview. Janice Teare, 352 Academy Street, Bath indicated that she agreed with some of the concerns that Cathy Thomas raised. She noted that she was concerned with the process that has lead to this public meeting. She advised that she found the concept plan incompatible with the surrounding residential use. She indicated that her concerns were: Parking and noise issues (and parking is not included in the first phase); There are not any washrooms in the first phase, possible security problems and the potential for litter, graffiti and vandalism. She requested that the rezoning application be withdrawn. Page 2 of 9

3 Councillor Hudacin indicated that the purpose of the rezoning was to enable the property to become a park but it didn t approve any specific thing. The Planner/CBO, Mr. Beckel, indicated that the property is currently zoned future development and the request is to have it rezoned as open space. The proposed zoning would allow a structure to be built, for example a gazebo, washrooms or a skateboard park. Ms. Teare indicated that she would find a passive park with walking trails, a botanical garden and subdued lighting, acceptable. Councillor R. Bresee indicated that Ms. Teare s comments were good and well taken. He noted that the concept plan has a scheduling component which requires input from the community. He noted that Loyalist has lots of green space and estimated the green space in Loyalist is probably 11% or higher. He indicated that 5% green space is considered acceptable. Gary Nightingale, Chairman of the Bath Community Park Development Committee indicated that the committee wanted a place for the kids to call their own. He noted that there will be lots of supervision because the residents of Loyalist Estates will be watching everything that they do. He indicated that it is a 20 year plan because the project is over a million dollars and the time for completion is required to obtain necessary funding. He advised that the park is for all residents and not just kids; there will be lots of activity for the older generation as well. Gus Panageotopoulos indicated that he had spoken with many people in the village proper and most people were shocked to hear that a skateboard park was planned for this park area. He commended the committee on what it has done to date but he suggested that a skateboard park may not be the most appropriate use for this piece of property. He noted that he would support a passive park. He indicated that the questions he submitted to the Recreation Director at last week s meeting have not been answered yet. Mr. Panageotopoulos indicated that he has requested the demographics to show where the kids are but hasn t received this information yet. Councillor R. Bresee indicated that Loyalist Estates may have started as a seniors community but now properties have been sold to younger families. He noted that many area parks have been funded by area residents and because this is classed as a regional park, Council can provide 50% funding. The Planner/CBO, Mr. Beckel, indicated that demographic information is readily available on the internet under the census of Canada (2006) Councillor Ashley enquired if the Recreation Director had any information on the ongoing costs for maintenance of this proposed park. The Recreation Director, Mrs. Lawson, indicated that she does not have any information on future costs for maintenance of the park but at this time, it takes 4 5 hours to cut the grass in this location. Page 3 of 9

4 Councillor Hudacin indicated that the purpose of this public meeting is to present the concept plan. He noted that information was circulated by the Recreation Director and all residents should be involved in the creation of this park together as it is planned to be a community park and not just a skateboard park. Moved by Councillor Ashley and seconded by Councillor Ibey that the Planner/C.B.O.'s report, July 16, 2009 re: Loyalist Township Rezoning Application - Bath Park Adjacent to Fire Hall Site, correspondence from C.R.C.A., July 24, 2009, Gus Panageotopoulos, July 26, 2009 and Mark Roy and Kenneth Shelley, July 27, 2009 be received and that the Loyalist Township application to rezone part of Lot 10, Concession 1, designated as part of Part 1, Plan 29R , from Future Development (D) to Open Space (OS) be deferred to the September 14th Council meeting pending more information from staff. DELEGATIONS Delegation Mr. Len Hessels, 1287 County Road 6, who lives approximately one kilometre north of the 401, attended Council to advise that a number of residents around him have low water levels in their wells. He has had three truckloads of water brought in so far this year. He advised that he had spoken with Mr. Hebert at C.R.C.A. The water level has still not gone up in the Mud Lake area. It appears that the dam is not set properly to maintain the appropriate level in Mud Lake. The standards were set in 1993 for the sewage treatment plant and the plant is not being used at this time therefore maybe the standards should be changed. He understands that the Township is not responsible for the dam but some taxpayers are in trouble this year and would like Council's support to have the C.R.C.A. do something to help. He has lived at this house for three summers and this is the first time the well has gone dry. Councillor R. Bresee asked staff to check to see if the Township has formally notified the C.R.C.A. regarding decommissioning of the sewage treatment plant and that flow levels are not required any more. Reeve McEwen provided another name for Mr. Hessels to contact at the C.R.C.A. Moved by Councillor Ibey and seconded by Councillor R. Bresee that Mr. Hessel's verbal presentation re: well problems be received. REPORTS Finance Department Tax Write-offs - (Report #5) - Minutes of Settlement Moved by Deputy Reeve Lowry and seconded by Councillor C. Bresee that the Property Tax Collector's report, July 16, 2009 re: Tax Write-offs - (Report #5) - Minutes of Settlement be received and that the adjustments listed on this report be approved and that the Tax Collector's Roll be adjusted to reflect these approvals Taxpayer Complaint - Penalty and Interest on Overdue Taxes Moved by Councillor R. Bresee and seconded by Councillor Ibey that the Director of Finance's Page 4 of 9

5 report, July 20, 2009 re: Taxpayer Complaint - Penalty and Interest on Overdue Taxes be received and that the draft letter attached to this report be sent to the taxpayer Ratepayer Request for Relief Moved by Councillor R. Bresee and seconded by Councillor Ashley that the Director of Finance's report, July 20, 2009 re: Ratepayer Request for Relief be received; And further, that the Director of Finance offer payment arrangements to assist the ratepayer in paying the outstanding amount. Moved by Councillor Ibey and seconded by Councillor C. Bresee that a policy be implemented whereby staff notify a ratepayer when high water consumption is noted. Engineering Department Petition of Drainage Works - Edgewood Road Moved by Councillor C. Bresee and seconded by Councillor R. Bresee that the Transportation & Solid Waste Manager's report, July 17, 2009 re: Petition for Drainage Works - Edgewood Road, be received; and that the following recommendations be adopted: 1. That Council direct staff to proceed with the attached Petition for Drainage Works received on July 9th, That, staff forward Council's decision to the petitioners within 30 days and ensure they are aware of their financial responsibilities under the Drainage Act. 3. That, staff proceed with the Drainage Works as per Regulation 274, and appoint an engineer within 60 days of the decision 4. That, staff be authorized to establish a budget of $25,000 in a recovery account to cover consultant costs as per the Drainage Act. Rescinded by RFP Results for One Fully Equipped 6 Ton Plow Truck Moved by Councillor Ibey and seconded by Councillor Ashley that the Transportation & Solid Waste Manager's report, July 17, 2009 re: RFP Results for One Fully Equipped 6 Ton Plow Truck, be received and that the Proposal Bid for the supply of one fully equipped 6 ton plow truck with pre-wet capabilities be awarded to Kingston Truck Centre at the submission price of $204,476.89, including all taxes Amherstview Water Tower - Budget Issues Moved by Councillor C. Bresee and seconded by Councillor Ibey that the Director of Engineering Services' report, July 21, 2009, re: Amherstview Water Tower - Budget Issues be received and that, further to resolution , a project budget in the amount of $29,000 be established, with funding source identified as unfinanced capital outlay Nutrient Management Act - Proposed Revisions to the General Regulation Moved by Deputy Reeve Lowry and seconded by Councillor C. Bresee that the Utilities Compliance Officer's report, July 21, 2009 re: Nutrient Management Act - Proposed Revisions to the General Regulation be received for information. Page 5 of 9

6 Clerk's Department Request for Award Nominations Moved by Councillor R. Bresee and seconded by Councillor Ibey that the Township Clerk's and Recreation Director's report, July 3, 2009 re: Requests for Award Nominations be received and that the policy attached to this report be adopted. Recreation Department Letter from Janice Teare - Rezoning - "Bath Park ReDevelopment Plan" Moved by Councillor C. Bresee and seconded by Councillor Hudacin that the C.A.O.'s and Recreation Director's report, July 22, 2009 re: Letter from Janice Teare - Rezoning - "Bath Park Redevelopment Plan" and Recreation Director's report, July 20, 2009 re: Bath Park Development be received and that the following be adopted: 1. That Ms. Teare's letter of July 14, 2009 and Mr. Gus Panageotopoulos, July 21, 2009 be received and the list of answers be forwarded to her and, further, that she be advised that any further questions on the Bath Park development should be pursued through her participation on the Committee. 2. That a copy of the Recreation Director's report be sent to Ms. Teare in response to her letters to Council dated June 17, 2009 and July 3, ITEMS FOR ACTION Township of Woolwich re: Review of Development Charges Act 1997 Moved by Councillor C. Bresee and seconded by Councillor R. Bresee that the correspondence from The Township of Woolwich, July 3, 2009 re: Review of Development Charges Act 1997 be received and supported AMO re: Draft Built Environmental Standard under AODA Moved by Deputy Reeve Lowry and seconded by Councillor Ashley that the correspondence from AMO, July 15, 2009 re: Government Releases Draft Built Environment Standard under the AODA for Public Review be received and referred to the Planner/C.B.O. for a report. Motion carried Community Schools Alliance re: Moratorium on School Closures Moved by Councillor Ibey and seconded by Councillor C. Bresee that the correspondence from The Community Schools Alliance, July 21, 2009 re: Community Schools Alliance be received CUPW re: Saving Public Post Offices and Rural Delivery Moved by Councillor C. Bresee and seconded by Councillor Hudacin that the correspondence from The Canadian Union of Postal Workers, June 2009 re: Saving Public Post Offices and Rural Delivery be received. Page 6 of 9

7 Haldimand County Disaster Relief Committee re: Donation Request Moved by Councillor Ibey and seconded by Councillor Hudacin that the correspondence from The Haldimand County Disaster Relief Committee, July 14, 2009 re: Donation Request - Grand River Flood 2009 be received and $ be donated to The Haldimand County Disaster Relief Committee with funds to be taken from the contingency fund. BY-LAWS By-law Appoint By-law Enforcement Officers Moved by Councillor Ibey and seconded by Councillor R. Bresee that By-law , being a by-law to appoint By-law Enforcement Officers for the enforcement of Loyalist Township Bylaws be approved. Enacted and Passed this 27th day of July INFORMATION ITEMS Information Items Moved by Councillor Ashley and seconded by Councillor C. Bresee that the following items be received for information: 1. Industry Canada, July 13, 2009 re: Recreational Infrastructure Canada (RInC) Program in Ontario and Ontario Recreation (Ontario REC) - W.J. Henderson Recreation Centre Park Project, Phase 2 (Splash Pad and Outdoor Activity Area). 2. LAS, July 15, 2009 re: Natural Gas Program - Reserve Fund Rebate 3. Building Permit Activity Report - June 2009 ANNOUNCEMENTS AND ENQUIRIES Announcements and Enquiries Councillor Hudacin requested that the Township consider an accessibility parking plan for the whole municipality to determine the location of accessible parking spaces. The Township Clerk, Ms. Hamilton, suggested that the Township wait for the Built Environment Standard before deciding on parking because accessible parking spots could be located in front of buildings that are not considered accessible. Councillor Hudacin also requested information about the protocol for petitions regarding the Ham House. The Planner/C.B.O., Mr. Beckel advised that it is the decision of Council whether to designate or re-designate a building. Councillor Hudacin referred to a report regarding rain barrels that was circulated to Council in their baskets. Moved by Councillor Hudacin and seconded by Councillor R. Bresee that the memo from the Engineering Intern regarding rain barrels be included on the September Administration Committee for possible deferral to 2010 budget deliberations. Page 7 of 9

8 Moved by Deputy Reeve Lowry and seconded by Councillor Hudacin that the service charge to property owners for tenant billed accounts ($75.00 per annum) be discussed at a future Administration Committee meeting. Councillor Ashley enquired if there has been a response from MTO. The C.A.O., Ms. Pearce, advised that she has called and sent a letter to the Minister's Chief of Staff. An Assistant called to indicate that they were aware that the questions have been outstanding for a long time and a letter will be sent in response. She will also check the Minister's schedule in response to the Township's request for a meeting. The Planner/C.B.O., Mr. Beckel advised Council that a meeting will be held with the owners of Mr. Gas and the Wilton Motel regarding extension of the water and sewer services. The Recreation Director, Mrs. Lawson noted that the stone fence project on Amherst Island is proceeding well. MOTIONS OF CONGRATULATIONS AND CONDOLENCES Motions of Congratulations and Condolences None CLOSED SESSION Closed Session Councillor Ashley previously declared a pecuniary interest regarding the Closed Session portion of the agenda regarding a union matter as his spouse is currently employed by the municipality in a union position. He left the meeting during that portion of the meeting and did not participate in the discussion or vote on the matter. Moved by Councillor Ibey and seconded by Councillor Hudacin that Council proceed into Closed Session as permitted under the Municipal Act for the consideration of: i) personal matters about an identifiable individual, including municipal employees ii) litigation or potential litigation RISE AND REPORT Rise and Report Moved by Councillor Hudacin and seconded by Deputy Reeve Lowry that Council in Closed Session rise and report. The C.A.O. reported that during the Closed Session portion of the meeting a revised job description and evaluation of the Recreation Clerk position was reviewed and approved. The C.A.O. also reported that a legal matter was also discussed during the Closed Session portion of the meeting. Page 8 of 9

9 CONFIRMATORY BY-LAW Confirmatory By-law Moved by Councillor Ashley and seconded by Councillor Ibey that By-law , being a by-law to confirm the proceedings of Council at its meeting held on Monday, July 27, 2009 be approved. Enacted and Passed this 27th day of July ADJOURNMENT Adjournment Moved by Councillor Hudacin and seconded by Councillor Ashley that the meeting be adjourned at approximately 10:00 p.m. REEVE CLERK Page 9 of 9