CORPORATION OF THE COUNTY OF PRINCE EDWARD. January 22, 2013

Transcription

1 CORPORATION OF THE COUNTY OF PRINCE EDWARD January 22, 2013 A meeting of Prince Edward County Council was held on January 22, 2013 at 7:00 p.m. 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: Chief Administrative Officer Commissioner of Corporate Services and Finance Commissioner of Engineering, Development and Works Director of Finance Clerk Merlin Dewing Susan Turnbull Robert McAuley James Hepburn Victoria Leskie 1. Call to Order The meeting was called to order at 7:00 p.m. 2. lord's Prayer The Lord's Prayer was recited.

2 3. Confirmation of Agenda 3.1 Motion to Confirm Agenda Motion Moved by Councillor MacDonald Seconded by Councillor Gale THAT the agenda for the Council meeting of January 22, 2013 be confirmed. Prior to voting on Motion the following Amending Motion was put forward: Amending Motion Moved by Councillor Dunlop Seconded by Councillor Maynard THAT the agenda be amended to include a By-law to Authorize an Amending Subdivision Agreement between the Corporation of the County of Prince Edward, Sandbank Homes Incorporated and the Bank of Montreal as agenda item UNANIMOUSLY A vote was then taken on Motion as Amended as follows: THAT the agenda for the Council meeting of January 22, 2013 be confirmed as amended, to include a By-law Authorizing an Amending Subdivision Agreement between the Corporation of the County of Prince Edward, Sandbank Homes Incorporated and the Bank of Montreal 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 2

3 Adopted by Council as circulated on February 12, Adoption of Minutes 6.1 Council Minutes from the special meeting held on January 7, 2013 Motion Moved by Councillor Lunn Seconded by Councillor B. Campbell THAT the Council Minutes from the special meeting held on January 7, 2013 be adopted as presented. 6.2 Council Minutes from the meeting held on January 8, 2013 Motion Moved by Councillor Shortt Seconded by Councillor Dunlop THAT the Council Minutes from the meeting held on January 8, 2013 be adopted as presented. 7. Deputations 7.1 Renia Tyminski addressed Council regarding the proposed Official Plan Amendment and Rezoning of the H.J. McFarland Home lands. (By-laws listed as and ) A copy of Ms Tyminski's deputation was circulated at the meeting. Motion Moved by Councillor Maynard Seconded by Councillor Marisett THAT the deputation by Renia Tyminski regarding the proposed Official Plan Amendment and Rezoning of the H.J. Mcfarland Home lands be received. 8. Comments from the Audience (on items on the agenda) There were no comments from the audience on items listed on the agenda. 9. Items for Consideration 9.1 Long Term Population, Housing and Employment Forecast and Capital Needs Assessment Report prepared by Watson & Associates Economists Ltd. 3

4 Andrew Grunda and Erik Karvinen of Watson & Associates Economists provided a PowerPoint presentation on the report to Council. Motion Moved by Councillor Forrester Seconded by Councillor MacDonald THAT the presentation from Andrew Grunda and Erik Karvinen of Watson & Associates Economists ltd. regarding long Term Population, Housing and Employment forecast and Capital Needs Assessment report dated January 14, 2013 be received; and THAT both the long Term Population, Housing and Employment forecast and Capital Needs Assessment be approved for inclusion in the Development Charge Background Study to be issued on January 30, Report of the Engineering, Development and Works Commission dated January 22, 2013 regarding Curbside Garbage Collection & Disposal Tender Commissioner McAuley provided revised agenda pages numbered 86, 87 and 88 being Roll-off and Transfer Station Bins financial sheets. Motion Moved by Councillor Turpin Seconded by Councillor Proctor THAT the report of the Engineering, Development and Works Commission dated January 22, 2013 regarding Curbside Garbage Collection & Disposal Tender be received; THAT the Curbside Garbage Collection & Disposal Tender (August 1, June 30, 2018) be awarded to Waste Management of Canada Corporation; THAT a Curbside Organics Collection & Disposal program also be awarded to Waste Management of Canada Corporation and commence August 1, 2013 for the Picton, Bloomfield and Wellington urban areas; and THAT a by-law be enacted to authorize the Mayor and Clerk to enter into an agreement between the County of Prince Edward and Waste Management of Canada Corporation for Curbside Garbage Collection & Disposal services. 4

5 Prior to voting on Motion the following Amending Motion was put forward: Amending Motion Moved by Councillor Shortt Seconded by Councillor MacDonald THAT the foregoing motion be amended by deleting clause 3. Councillor Shortt requested a Recorded Vote on Amending Motion Name SHORTI, Terry TURPIN, Barry CAMPBELL, Bev CAM PBELL, Heather DUNLOP, Jim FORRESTER, Jamie GALE, Kevin LUNN, Alec MACDONALD, Keith MARISETI, Brian MAYNARD, Janice NOWITSKI, Nick O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert MERTENS, Mayor Peter Total In Favour 7 Opposed 9 LOST Prior to voting on Motion a further Amending Motion was put forward: Amending Motion Moved by Councillor Marisett Seconded by Councillor Forrester THAT the foregoing motion be amended to add the following clause: THAT staff be requested to report during the budget process on the cost of providing organics collection or an alternative program in the rural area with the report to also include a review of opportunities to mitigate the costs of the program. Prior to voting on Motion a further Amending Motion was put forward: 5

6 Amending Motion Moved by Councillor Maynard Seconded by Councillor O'Brien THAT the foregoing motion be amended to indicate that organics collection be instituted County wide. LOST A vote was then taken on Motion as Amended as follows: THAT the report of the Engineering, Development and Works Commission dated January 22, 2013 regarding Curbside Garbage Collection & Disposal Tender be received; THAT the Curbside Garbage Collection & Disposal Tender (August 1, June 30, 2018) be awarded to Waste Management of Canada Corporation; THAT a Curbside Organics Collection & Disposal program also be awarded to Waste Management of Canada Corporation and commenced August 1, 2013 for the Picton, Bloomfield and Wellington urban areas; THAT a by-law be enacted to authorize the Mayor and Clerk to enter into an agreement between the County of Prince Edward and Waste Management of Canada Corporation for Curbside Garbage Collection & Disposal services; and THAT staff be requested to report during the budget process on the cost of providing organics collection or an alternative program in the rural area with the report to also include a review of opportunities to mitigate the costs of the program. 9.3 Report of the Engineering, Development and Works Commission dated January 22, 2013 regarding award of an assignment for consulting engineering services in connection with a County Road 3 Drainage Study (By-law listed as item ) Motion Moved by Councillor O'Brien Seconded by Councillor Maynard THAT the report of the Engineering, Development and Works Commission dated January 22, 2013 regarding award of an assignment for consulting engineering services in connection with a County Road :3 Drainage Study be received; 6

7 THAT the consulting engineering firm of D.M. Wills Associates limited be awarded the assignment for the County Road 3 Drainage Study; and THAT a by-law be enacted to authorize the execution of an Agreement for Services between the County and D. M. Wills and Associates limited in the amount of $76,770 +HST. 9.4 Report of the Engineering, Development and Works Commission dated January 22, 2013 regarding the review of the Prince Edward Field Naturalists appeal of the Gilead Ostrander Point Wind Energy project Motion Moved by Councillor Proctor Seconded by Councillor Quaiff THAT the report of the Engineering, Development and Works Commission dated January 22, 2013 regarding the review of the Prince Edward field Naturalists appeai of the Gilead Ostrander Point Wind Energy project be received. Prior to voting on Motion the following Amending Motion was put forward: Amending Motion Moved by Councillor Quaiff Seconded by Councillor O/Brien THAT the foregoing motion be amended to add a further clause as follows: THAT Council shares the concerns of the Prince Edward field Naturalists and on that basis supports its appeal of the Gilead Ostrander Point Wind Energy project subject to the clarification that the County of Prince Edward is not a party to the appeal. 7

8 Tuesday, January 22,2013 Councillor Nowitski requested a Recorded Vote on Amending Motion Name In Favour Opposed NOWITSKI, Nick O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert SHORTT, Terry TURPIN, Barry CAMPBELL, Bev CAM PBELL, Heather DUNLOP, Jim FORRESTER, Jamie GALE, Kevin LUNN, Alec MACDONALD, Keith MARISETT, Brian MAYNARD, Janice MERTENS, Mayor Peter Total 13 3 Prior to voting on Motion a further Amending Motion was put forward: Amending Motion Moved by Councillor Lunn Seconded by Councillor Quaiff THAT the County contribute $50,000 to the Prince Edward Field Naturalists to support their appeal project subject to the clarification that the County of Prince Edward is not a party to the appeal. 8

9 Councillor Nowitski requested a Recorded Vote on Amending Motion Name NOWITSKI, Nick O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert SHORTT, Terry TURPIN, Barry CAM PBELL, Bev CAMPBELL, Heather DUNLOP, Jim FORRESTER, Jamie GALE, Kevin LUNN, Alec MACDONALD, Keith MARISETT, Brian MAYNARD, Janice MERTENS, Mayor Peter Total In Favour 3 LOST Opposed 13 A vote was then taken on Motion as Amended as follows: THAT the report of the Engineering, Development and Works Commission dated January 22, 2013 regarding the review of the Prince Edward Field Naturalists appeal of the Gilead Ostrander Point Wind Energy project be received; and THAT Council shares the concerns of the Prince Edward Field Naturalists and on that basis supports its appeal of the Gilead Ostrander Point Wind Energy project subject to the clarification that the County of Prince Edward is not a party to the appeal. The Chair called for a 10 minute recess at this time. Council reconvened at 9:40 p.m. with all members present, excepting Councillors MacDonald and Nowitski. 9.5 Report of the Engineering, Development and Works Commission dated January 22, 2013 regarding the proposed Amendment to the Draft Plan of Subdivision conditions, File No. 13-T

10 Adopted by Council as circulated on February 12,2013 Motion Moved by Councillor Dunlop Seconded by Councillor Lunn THAT the report of the Engineering, Development and Works Commission dated January 22, 2013 regarding the proposed Amendment to the Draft Plan of Subdivision conditions, File No. 13-T-07502, be received; THAT the proposed Amendment to the Draft Plan of Subdivision Conditions File No. 13-T (Sandbank Homes Inc.) for lands located in Part lot 201, Plan 8, Ward 3 (Wellington) be approved; and THAT a by-law be passed to authorize the Mayor and Clerk to sign an amending Subdivision Agreement between the County and Sandbanks Homes Inc. 9.6 Report of the Community Development Department dated January 22, 2013 regarding the declaration of surplus lands Motion Moved by Councillor H. Campbell Seconded by Councillor B. Campbell THAT the report of the Community Deveiopment Department dated January 22, 2013 regarding the declaration of surplus lands be received; and THAT the parcel of municipally owned land (approximately 4 acres) behind the H. J. McFarland Home (603 Hwy 49) be declared surplus to initiate implementation of the overall development of the Age in Place Concepti and THAT the concept plan (Attachment #2) dated November 30, 2012 be approved in principle. Prior to voting on Motion the following Deferral Motion was put forward: Deferral Motion Moved by Councillor Marisett Seconded by Councillor Shortt THAT the foregoing motion regarding the declaration of surplus of approximately 4 acres of municipally owned land behind the H. J. McFarland Home be deferred until the development of a master plan for the entire site is complete. 10

11 Councillor Marisett requested a Recorded Vote on Deferral Motion Name In Favour Opposed MARISED, Brian MAYNARD, Janice NOWITSKI, Nick -Absent O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert SHORD, Terry TURPIN, Barry CAMPBELL, Bev CAMPBELL, Heather DUNLOP, Jim FORRESTER, Jamie GALE, Kevin LUNN, Alec MACDONALD, Keith - Absent MERTENS, Mayor Peter Total 4 10 LOST Prior to voting on Motion the following motion was put forward to extend the meeting. Motion Moved by Councillor Quaiff Seconded by Councillor Shortt THAT the provisions of the Procedure By-law be waived to allow the meeting to continue beyond the three-hour time limit. The vote was then taken on Motion as follows: THAT the report of the Community Development Department dated January 22, 2013 regarding the declaration of surplus lands be received; and THAT the parcel of municipally owned land (approximately 4 acres) behind the H. J. McFarland Home (603 Hwy 49) be declared surplus to initiate implementation of the overall development of the Age in Place Concepti and THAT the concept plan (Attachment #2) dated November 30, 2012 be approved in principle. 11

12 10. Committee Reports 10.1 Report of the Committee of the Whole from the meeting held on January 9, 2013 Motion Moved by Councillor Quaiff Seconded by Councillor Shortt THAT the report of the Committee of the Whole from the meeting held on January 9, 2013 be adopted as presented with the exception of Motions CW-S-2013, CW , CW , CW and CW Motion Moved by Councillor Quaiff Seconded by Councillor Shortt THAT the following motion (CW-S-2013) of the Committee of the Whole from the meeting held on January 9, 2013 at 1:00 p.m. be approved: THAT effective January 23, 2013 the Picton Waste Transfer Station be open on Wednesdays. Prior to voting on Motion the following Amending Motion was put forward: Amending Motion Moved by Councillor Gale Seconded by Councillor Shortt THAT the foregoing motion be amended by deleting 'January 23, 2013' and inserting in lieu thereof 'January 30, 2013'. 12

13 Councillor Gale requested a Recorded Vote on Amending Motion Name In Favour Opposed GALE, Kevin LUNN, Alec MACDONALD, Keith - Absent MARISETT, Brian MAYNARD, Janice NOWITSKI, Nick - Absent O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert SHORTT, Terry TURPIN, Barry CAM PBELL, Bev CAMPBELL, Heather DUNLOP, Jim FORRESTER, Jamie MERTENS, Mayor Peter Total 11 3 A vote was then taken on Motion as Amended as follows: THAT the following motion (CW ) of the Committee of the Whole from the meeting held on January 9, 2013 at 1:00 p.m. be approved: THAT effective January 30, 2013 the Picton Waste Transfer Station be open on Wednesdays. Motion Moved by Councillor Quaiff Seconded by Councillor Shortt THAT the following motion (CW ) of the Committee of the Whole from the meeting held on January 9, 2013 at 1:00 p.m. be approved: THAT advance notice be given to the Clerk and Chief Administrative Officer of a Councillor's request for a specific Commissioner's attendance at a Council meeting. LOST 13

14 Motion Moved by Councillor Maynard Seconded by Councillor O'Brien THAT Commissioners be required to attend all Council meetings. lost Motion Moved by Councillor Quaiff Seconded by Councillor Shortt THAT the following motion (CW ) of the Committee of the Whole from the meeting held on January 9, 2013 at 1:00 p.m. be approved: THAT Members of Council provide Notice of Motions to the Clerk, to be listed on the agenda of a meeting preceding the meeting when a recommendation which would result in a change in policy would be considered. Motion Moved by Councillor Quaiff Seconded by Councillor Shortt THAT the following motion (CW ) of the Committee of the Whole from the meeting held on January 9, 2013 at 1:00 p.m. be approved: THAT Section 4.6 (2) of the Procedure By-law be amended by deleting the start time of the Committee of the Whole Meeting "1:00 p.m." and inserting in lieu thereof "9:00 a.m." Prior to voting on Motion the following Amending Motion was put forward: Amending Motion Moved by Councillor B. Campbell Seconded by Councillor Marisett THAT the foregoing motion be amended by deleting '9:00 a.m.' and inserting in lieu thereof '7:00 p.m.'. lost Prior to voting on Motion a further Amending Motion was put forward: 14

15 Amending Motion Moved by Councillor Turpin Seconded by Councillor Gale THAT the foregoing motion be amended to reflect that the start time of the Committee of the Whole Meetings remain at 1:00 p.m. A vote was then taken on Motion as Amended as follows: THAT the following motion (CW ) of the Committee of the Whole from the meeting held on January 9, 2013 at 1:00 p.m. be approved: THAT the start time of the Committee of the Whole Meetings remain at 1:00 p.m. Motion Moved by Councillor Quaiff Seconded by Councillor Shortt THAT the following motion (CW ) of the Committee of the Whole from the meeting held on January 9, 2013 at 1:00 p.m. be approved: THAT the report of Mayor Mertens dated January 9, 2013 regarding a draft Code of Conduct for Members of Council be received; and THAT members of Council submit input directly to Mayor Mertens and/or the Clerk for revisions, additions or deletions to the draft Code, with Mayor Mertens to report back to the February 14, 2013 Committee of the Whole with a second draft, taking into consideration the input received. 15

16 Councillor Lunn requested a Recorded Vote on Motion Name LUNN, Alec MACDONALD, Keith - Absent MARISETT, Brian MAYNARD, Janice NOWITSKI, Nick - Absent O'BRIEN, Dianne PROCTOR, Barb QUAIFF, Robert SHORTT, Terry TURPIN, Barry CAM PBELL, Bev CAMPBELL, Heather DUNLOP, Jim FORRESTER, Jamie GALE, Kevin MERTENS, Mayor Peter Total 11. By-laws 11.1 By-laws for Consideration Motion Moved by Councillor Gale Seconded by Councillor Turpin In Favour 11 Opposed 3 THAT the following by-laws be read a first, second and third time and finally passed: A By-law to Establish Procedures for the Sale or Disposition of land. (signed as By-law ) A By-law to Authorize the Execution of a Memorandum of Agreement for Consulting Services between the Corporation of the County of Prince Edward and D.M. Wills Associates limited. (signed as By-law ) A By-law to Appoint a By-law Enforcement Officer for the Corporation of the County of Prince Edward.(Tanya Doolan) (signed as Bylaw ) 16

17 A By-law to Appoint Building Officials and By-law Enforcement Officers for the Corporation of the County of Prince Edward and Rescind By-law No (Usa O'Neil and Carol Ryan) (signed as By-law ) A By-law to Authorize the Corporation of the County of Prince Edward to Enter into an Amending Subdivision Agreement with Sandbank Homes Incorporated and the Bank of Montreal. (signed as By-law ) 12. By-laws Deferred from the Planning Public Council meeting of January 16, 2013 to this meeting Motion Moved by Councillor B. Campbell Seconded by Councillor H. Campbell THAT the following by-laws be read a first, second and third time and finally passed: A By-law to Adopt an Amendment to the Official Plan of the County of Prince Edward (OPA #59, County of Prince Edward-H.l. Mcfarland Memorial Home lands, lot 70, lrcp 28, Ward 6 Hallowell). (signed as By-law ) A By-law to Amend the Comprehensive Zoning By-law , as amended (County of Prince Edward - H.l. Mcfarland Memorial Home lands, lot 70, lrcp 28, Ward 6 Hallowell) of the Corporation of the County of Prince Edward. (signed as By-law ) 13. Closed Session - None 14. Adoption of Closed Session Minutes - None 15. Motions Arising from Closed Session - None 17

18 16. Confirmatory By-law 16.1 By-law to Confirm the Proceedings of this meeting Motion Moved by Councillor Marisett Seconded by Councillor O'Brien 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 January 22, (signed as By-law ) 17. Adjournment 17.1 Motion to Adjourn Motion Moved by Councillor H. Campbell Seconded by Councillor Forrester THAT this meeting now adjourn at 10:44 p.m. Victoria Leskie, CLERK 18