CORPORATION OF THE COUNTY OF PRINCE EDWARD. June 10, 2014

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1 CORPORATION OF THE COUNTY OF PRINCE EDWARD A meeting of Prince Edward County Council was held on at 7:00pm in the Council Chambers, Shire Hall with the following members present: Mayor Ward 1 (Picton) Councillor Ward 1 (Picton) Councillor Ward 2 (Bloomfield) Councillor Ward 3 (Wellington) Councillor Ward 4 (Ameliasburgh) Councillor Ward 4 (Ameliasburgh) Councillor Ward 4 (Ameliasburgh) Councillor Ward 5 (Athol) Councillor Ward 6 (Hallowell) Councillor Ward 6 (Hallowell) Councillor Ward 7 (Hillier) Councillor Ward 8 (North Marysburgh) Councillor Ward 9 (South Marysburgh) Councillor Ward 10 (Sophiasburgh) Councillor Ward 10 (Sophiasburgh) Councillor Peter A. Mertens Bev Campbell Brian Marisett Barry Turpin Jim Dunlop Janice Maynard Nick Nowitski Dianne O'Brien Jamie Forrester Heather Campbell Keith MacDonald Alec Lunn Robert Quaiff Barb Proctor Kevin Gale Terry Shortt Staff Present: Commissioner of Engineering, Development and Works Director of Community Development Director of Finance Clerk Robert McAuley Neil Carbone James Hepburn Kim White 1. Call to Order The meeting was called to order at 7:00 p.m. 2. lord's Prayer The Mayor invited those who wished, to join him in the Lord's Prayer. 3. Confirmation of Agenda 3.1 Motion to Confirm the Agenda

2 Motion Moved by Councillor Turpin Seconded by Councillor Forrester THAT the agenda for the Council meeting of be confirmed. Prior to voting on Motion , the following Amending Motion was put forward: Amending Motion Moved by Councillor B. Campbell Seconded by Councillor Shortt THAT the agenda be amended to include the Delegation of Authority to submit Claims under the Ontario Disaster Relief Assistance Program (ODRAP) as agenda item 9.3. Unanimously A vote was then taken on Motion as Amended as follows: THAT the agenda for the Council meeting of be confirmed as Amended, to include the Delegation of Authority to submit Claims under the Ontario Disaster Relief Assistance Program (ODRAP) as agenda item Disclosure of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared at this time. 5. Announcements - none 6. Adoption of Minutes 6.1 Planning Public from the meeting held on May 21, 2014 Motion Moved by Councillor Dunlop Seconded by Councillor Marisett THAT the Planning Public from the meeting held on May 21, 2014 be adopted as presented. 2

3 6.2 from the meeting held on May 27, 2014 Motion Moved by Councillor Proctor Seconded by Councillor H. Campbell THAT the from the meeting held on May 27, 2014 be adopted as presented. 7. Deputations 7.1 Wendy Warner, Executive Director, Trenton Memorial Hospital Foundation addressed Council regarding a request to allow Hillier Creek Estates to host the "Grapes of Wrath" event on September 13, 2014 at their winery in Hillier Ward. A letter was circulated, prior to the meeting, from William and Connie Doull regarding the Grapes of Wrath event, and the rezoning of Hillier Creek Estates. Motion Moved by Councillor Lunn Seconded by Councillor Quaiff THAT the deputation by Wendy Warner, Executive Director, Trenton Memorial Hospital foundation, regarding a request to allow Hillier Creek Estates to host the "Grapes of Wrath" event on September 13, 2014 at their winery in Hillier Ward, be received. 8. Comments from the Audience (on items on the agenda) 8.1 Richard Diamond, owner of the Carriage House Retirement Home in Cherry Valley, addressed Council regarding Committee of the Whole Motion CW as contained in the report from the meeting held on May 29, 2014, as it relates to the sale of land to Nautical Group. Motion Moved by Councillor B. Campbell Seconded by Councillor Q/Brien THAT the deputation by Richard Diamond, regarding Committee of the Whole Motion CW as contained in the report from the meeting held on May 29, 2014, as it to relates the sale of land to Nautical Group, be received. 3

4 Motion Moved by Councillor Lunn Seconded by Councillor Shortt THAT Section 5.15(6)(a) of the Procedure By-law, as it relates to referral to staff for a report of a deputation regarding a matter for which there is no staff report on the agenda, be waived. with 2/3 majority Motion Moved by Councillor Lunn Seconded by Councillor MacDonald THAT the Council for the Corporation of the County of Prince Edward declares the Grapes of Wrath Event, scheduled for September 13, 2014 at Hillier Creek Estates, 46 Stapleton Road, Hillier as a Councilsanctioned event. 9. Items for Consideration 9.1 Report of the Engineering, Development and Works dated regarding Tender #2014-EDW-53 Surface Treatment Motion Moved by Councillor Gale Seconded by Councillor Shortt THAT the report of the Engineering, Development and Works, regarding Tender #2014-EDW-53 Surface Treatment, be received; THAT the Tender #2014-EDW-53 for Surface Treatment (less provisional items) be awarded to Miller Paving limited, being the lowest overall tendered bid, in the amount of $911,930, plus applicable HSTi THAT Tender #2014-EDW-53 provisional items not be included in the award; THAT the budget for the Surface Treatment program be increased by an additional $124,310.00, to be funded from the Roads Construction Reserve, in order to support the necessary rehabilitation to the roads listed for 2014; and THAT the By-law be approved to authorize the signing of an agreement between the County of Prince Edward and Miller Paving limited. 4

5 Prior to voting on Motion , the following Amending Motion was put forward: Amending Motion Moved by Councillor Lunn Seconded by Councillor O'Brien THAT the foregoing motion be amended by deleting the 3 rd paragraph, as it relates to provisional items not being included. LOST A vote was then taken on Motion without amendment as follows: THAT the report of the Engineering, Development and Works, regarding Tender #2014-EDW-53 Surface Treatment, be received; THAT the Tender #2014-EDW-53 for Surface Treatment (less provisional items) be awarded to Miller Paving limited, being the lowest overall tendered bid, in the amount of $911,930, plus applicable HSTi THAT Tender #2014-EDW-53 provisional items not be included in the award; THAT the budget for the Surface Treatment program be increased by an additional $124,310.00, to be funded from the Roads Construction Reserve, in order to support the necessary rehabilitation to the roads listed for 2014; and THAT the By-law be approved to authorize the signing of an agreement between the County of Prince Edward and Miller Paving limited. 9.2 Audit Committee Motion AC from the meeting held on June 3, 2014 recommends the draft 2013 Financial Statements and Trust Fund Financial Statements for the Corporation of the County of Prince Edward for the year ended December 31, 2013, as presented, be forwarded to Council for approval. Motion Moved by Councillor B. Campbell Seconded by Councillor Proctor THAT the Corporation of the County of Prince Edward Consolidated financial Statements, for the year ended December 31, 2013, be approved; and 5

6 THAT the Corporation of the County of Prince Edward Trust funds financial Statements, for the year ended December 31, 2013, be approved. 9.3 Delegation of Authority to submit Claims under the Ontario Disaster Relief Assistance Program (ODRAP) Motion Moved by Councillor B. Campbell Seconded by Councillor Quaiff THAT the Director of finance be delegated the authority to submit Claims under the Ontario Disaster Relief Assistance Program for the December 2013 Ice Storm, on behalf of the municipaiity. 10. Committee Reports An from Robert Wiens and Cheryl O'Brien was circulated prior to the meeting, regarding Committee of the Whole Motion CW , as it relates to the Adoption of the Secondary Plan for the Picton Urban Centre. An from Bernard Shalka was circulated prior to the meeting, regarding Committee of the Whole Motion CW , as it relates to the Adoption of the Secondary Plan for the Picton Urban Centre. Motion Moved by Councillor Maynard Seconded by Councillor O'Brien THAT the report of the Committee of the Whole from the meeting held on May 29, 2014 be adopted, as presented, with the exception of Motion CW , Motion CW Recommendation #4, and Motion CW Recommendation #5. Motion Moved by Councillor Maynard Seconded by Councillor O'Brien THAT the following motion (CW as Amended) of the Committee of the Whole meeting, held on May 29, 2014 at 1:00 p.m., be approved: 6

7 THAT the report of the Engineering, Development and Works Commission dated May 29, 2014, regarding Site Plan Agreement file No. SP-02-i4 Nautical lands Group, be received; THAT Council grants approval in principle of the Site Plan and Site Plan Agreement for the Nautical lands Group proposal, 603 County Road 49 Ward 1 (Picton), in the County of Prince Edward; THAT upon completion of the land sale to Nautical lands Group, a By-law be brought forward to Council authorizing and directing the Mayor and Clerk to execute the Site Plan Agreement; THAT any excess capacity created by the construction of the new public road and related infrastructure works, contemplated in the Site Plan Agreement, be recovered from future development; and THAT staff bring forward the East Picton and Mcfarland lands Master Servicing Environmental Assessment project for consideration in the 2015 Capital Budget. Councillor Lunn requested a Recorded Vote on Motion Name LUNN, Alec MACDONALD, Keith MARISETT, Brian MAYNARD, Janice NOWITSKI, Nick O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert SHORTT, Terry TURPIN, Barry CAMPBELL, Bev CAM PBELL, Heather DUNLOP, Jim FORRESTER, Jamie GALE, Kevin MERTENS, Mayor Peter Total In Favour 11 Opposed 5 7

8 Motion Moved by Councillor Maynard Seconded by Councillor O'Brien THAT the following motion (CW Recommendation #5) of the Committee of the Whole meeting, held on May 29, 2014 at 1:00 p.m., be approved: THAT Section 6.4, subsection (4) be deleted in its entirety, and the balance of section 6.4 be renumbered accordingly. Councillor Maynard requested a Recorded Vote on Motion Name In Favour Opposed MAYNARD, Janice NOWITSKI, Nick O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert SHORTT, Terry TURPIN r Barry CAMPBELL, Bev CAMPBELL, Heather DUNLOP, Jim FORRESTER r Jamie GALE, Kevin LUNN r Alec MACDONALD, Keith MARISETT, Brian MERTENS, Mayor Peter Total 11 5 Motion Moved by Councillor Maynard Seconded by Councillor O'Brien THAT the following motion (CW Recommendation #4) of the Committee of the Whole meeting, held on May 29, 2014 at 1:00 p.m., be approved: THAT Section 6.4, subsection (1) be amended to include the words "Items for Consideration" and "Committee Reports". 8

9 Councillor Marisett requested a Recorded Vote on Motion Name In Favour Opposed MARISETT, Brian MAYNARD, Janice NOWITSKI, Nick O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert SHORTT, Terry TURPIN, Barry CAMPBELL, Bev CAMPBELL, Heather DUNLOP, Jim FORRESTER, Jamie GALE, Kevin LUNN, Alec MACDONALD, Keith MERTENS, Mayor Peter Total 4 12 LOST 10.2 Public Report of Closed Session from the Committee of the Whole meeting held on May 29, 2014 Motion Moved by Councillor MacDonald Seconded by Councillor Gale THAT the Public Report of Closed Session, from the Committee of the Whole meeting held on May 29, 2014, be adopted as presented. 11. By-laws for Consideration 11.1 The following By-laws are recommended for adoption Motion Moved by Councillor H. Campbell Seconded by Councillor B. Campbell THAT the following by-laws be read a first, second and third time and finally passed: 9

10 June 10, A By-law to Appoint By-law Enforcement Officers for the Corporation of the County of Prince Edward (Sandbanks Provincial Park). (signed as By-law ) A By-law to authorize the execution of an Agreement between The Corporation of the County of Prince Edward, The Corporation of the City of Belleville, The Corporation of the City of Quinte West, The Corporation of the Municipality of Centre Hastings, The Corporation of the Municipality of Marmora and lake, The Corporation of the Municipality of Tweed, The Corporation of the Township of Tyendinaga, The Township of Stirling-Rawdon and The Corporation of the Township of Madoc for waste services. (signed as By-law ) A By-law to Adopt an Amendment to the Official Plan of the County of Prince Edward (OPA No Picton Urban Centre Secondary Plan). (signed as By-law ) A By-law to Authorize the Mayor and Clerk to Execute an Agreement between The Corporation of the County of Prince Edward and Miller Paving limited (Surface Treatment). (signed as By-law ) A By-law to Provide Rules Governing the Calling, Place and Proceedings of Meetings of the County of Prince Edward Council, as amended. (signed as By-law ) The Chair called for a recess at this time. Council reconvened at 9:20 p.m. with all members present. 12. Closed Session 12.1 Motion to move into Closed Session Motion Moved by Councillor Shortt Seconded by Councillor MacDonald THAT Council now move into closed session to consider a report of the Community Development Department regarding a proposed or pending acquisition or disposition of land by the municipality (pursuant to Section 239(2)(c) of the Municipal Act). Council reconvened in open session at 9:35 p.m. with all members present. Motion was the motion to rise and resume sitting in open session, and was enacted in closed session. 10

11 13. Adoption of Closed Session Minutes 13.1 Committee of the Whole report from the Closed Session meeting held on May 29, 2014 Motion Moved by Councillor Forrester Seconded by Councillor Turpin THAT the Committee of the Whole report from the Closed Session meeting held on May 29, 2014 be adopted. 14. Motions Arising from Closed Session Motion Moved by Councillor Quaiff Seconded by Councillor Shortt THAT the closed session report of the Community Development Department dated, regarding the Sale of Surplus lands, be received; THAT the sale of Municipal land identified by Roll No , save and except for the County retaining road widening and site triangle from the property (Hull Road & County Road 4, Hallowell), be approved; THAT the sale of Municipal land identified by Roll No (Prinyer's Cove, North Marysburgh) be approved; THAT the sale of Municipal land identified by Roll No (Taft Road, Ameliasburgh) be approved; and THAT, subject to Council's review in closed session of the terms and conditions of the Offers of Purchase and Sale between the Corporation of the County of Prince Edward and Gerald & Michelle Koopmans, Michael Wilson and Gary Rutt, staff be directed to bring forward the By-laws to Authorize the Mayor and Clerk to sign the Offers of Purchase and Sale to the June 24, 2014 Council Meeting. 11

12 15. Confirmatory By-law 15.1 By-law to Confirm the Proceedings of this meeting Motion Moved by Councillor Quaiff Seconded by Councillor Lunn THAT the following by-law be read a first, second and third time and finally passed: A By-law to Confirm the Proceedings of the Council of the Corporation of the County of Prince Edward at the meeting held on. (signed as By-law ) 16. Adjournment 16.1 Motion to Adjourn Motion Moved by Councillor O'Brien Seconded by Councillor Maynard THAT this meeting now adjourn at 9:38 p.m. r, MAYOR 12

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