CORPORATION OF THE COUNTY OF PRINCE EDWARD Shire Hall, Picton A meeting of Prince Edward County Council was held on at 6:45 p.m. in 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 Leo P. Finnegan Laverne Bailey Bev Campbell Barry Turpin Peter Mertens Sandy Latchford Dianne O Brien Lori Slik Brian Marisett Keith MacDonald Richard Parks Peggy Burris (arrived at 6:49 p.m.) Ray Best Monica Alyea (arrived at 6:51 p.m.) Kevin Gale John Thompson 1. Call to Order The meeting was called to order at 6:45 p.m. in the Committee Room. Motion 2007-475 THAT the closed session minutes from the Special Public Works Committee meeting held on be added to the closed session agenda. with a 2/3 Majority Motion 2007-476 Councillor Campbell Councillor Bailey THAT Council now move into closed session for the purpose of discussing personal matters about an identifiable individual, including municipal or local board employees, a proposed or pending acquisition or disposition of land by the municipality or local
2 board and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Council reconvened at 7:30 p.m. in the Council Chambers with all members present. Motion 2007-477, being a motion to direct staff and Motion 2007-478, being the motion to rise and resume sitting in open session, were dealt with in closed session. 1. Call to Order The meeting was called to order at 7:30 p.m. The Prince Edward County Women s Institute presented a $20,000.00 cheque being its contribution to specialized transit for 2007. Councillor Burris presented photographs of the launch of the specialized transit initiative on behalf of the Specialized Transit Committee. Councillor Bailey thanked Council for the Past Warden s Annual Banquet. Motion 2007-479 Councillor Campbell THAT a report of the Clerk regarding sale of County owned land at Lot 10, Plan 9, Prinyers Cove be added to the agenda as item 8.10. with a 2/3 Majority Motion 2007-480 THAT the minutes from the Special Public Works Committee meeting of at 10:00 a.m. be added to the agenda as item 7.4; and THAT motion PW-123-2007 from the Special Public Works Committee closed session of be added to the agenda as item 10.3.1. with a 2/3 Majority 2. Adoption of Minutes Motion 2007-481 Councillor Thompson THAT the from the meeting held on June 25, 2007 at 6:30 p.m. be adopted as circulated.
3 3. Disclosure of Pecuniary Interest and the General Nature Thereof disclosed a pecuniary interest with respect to the added item 8.10 regarding sale of land Lot 10, Plan 9, Prinyers Cove as her father-in-law is the real estate agent for the transaction. advised that she had inadvertently neglected to disclose the interest at the June 25, 2007 Council meeting when this matter was previously considered as part of the Recreation, Parks and Culture Committee minutes. did not take part in the discussion or vote on the matter. Councillor Best disclosed a pecuniary interest with respect to a matter on the closed session agenda related to labour relations and employee negotiations as his wife is a member of the C.U.P.E. negotiating committee. During discussion of that matter in closed session, Councillor Best left the room and did not participate in discussion or vote on the matter. 4. Petitions & Communications 4.1 Minutes of the Prince Edward Police Services Board meeting held on June 4, 2007 Motion 2007-482 Councillor MacDonald Councillor Parks THAT the minutes of the Prince Edward Police Services Board from the meeting held on June 4, 2007 be received. 4.2 Minutes from Quinte Conservation Executive Committee from the meeting held on May 17, 2007 Motion 2007-483 Councillor Alyea Councillor Marisett THAT the minutes of Quinte Conservation Executive Committee from the meeting held on May 17, 2007 be received. 4.3 Minutes of the Committee of Adjustment meetings held on June 27, 2007 and July 3, 2007 Motion 2007-484 Councillor Marisett THAT the minutes of the Committee of Adjustment meetings held on June 27, 2007 at 7:00 p.m. and on July 3, 2007 at 1:30 p.m. be received.
4 4.4 Minutes from Prince Edward-Lennox & Addington Social Services Committee from the meeting held on July 12, 2007 Motion 2007-485 Councillor Mertens Councillor Campbell THAT the minutes of Prince Edward-Lennox & Addington Social Services Committee from the meeting held on July 12, 2007 be received. 5. Deputations The following persons appeared as deputations before Council regarding the Rosemary Anderson/Home Hardware Rezoning Application (Planning Services Committee Motion PL-169-2007 contained in the minutes of June 27, 2007): 5.1 Andrea Taylor, who provided a Power Point presentation; 5.2 Corey Earl, who read and provided copies of letters from Valerie Taylor dated July 20, 2007, Grace Gendron dated July 20, 2006 and Denise Gendron dated July 22, 2007; 5.3 Cheryl O Brien, representing the Waring s Creek Improvement Association, who also submitted a map entitled Prince Edward Region Watershed Waring Watershed and a copy of a letter from the Ministry of the Environment dated March 9, 2007; 5.4 Ed Taylor, who submitted a copy of his comments; 5.5 Dave MacKay, who read and provided a copy of a letter from Larry Richardson; 5.6 Angela Strachan, Chair of the Picton Business Improvement Association representing the Picton Business Improvement Association; 5.7 Judith Pierce Martin, who submitted a copy of her comments; 5.8 Glen Helm replaced Judy Paulhus, who was unable to attend, on behalf of the Prince Edward Round Table on the Environment and Economy; 5.9 Calvin Thomas, who also submitted a letter dated July 17, 2007; 5.10 Susan Rose; 5.11 Peter Sage; 5.12 Peter Sztuke; and 5.13 Adam Busscher, and Bill Worden, a corporate representative on behalf of Home Hardware.
5 The Council also had before it for consideration written communications regarding the Rosemary Anderson/Home Hardware Rezoning Application (Planning Services Committee Motion PL-169-2007 contained in the minutes of June 27, 2007) from the following: Christopher and Norah Rogers, The Waring House Restaurant, Inn and Cookery School, dated ; Marilyn Crowe, Crowes Footwear Ltd. dated ; Garry Lester dated ; L. Gail Dick, dated ; Willem A. Maas, dated July 19, 2007; Tim and Linda Beatty, County Farm Centre Ltd., dated July 18, 2007; Larry Reynolds and Lloyd Crowe, Reynolds Bros. Farms Ltd.; and Mr. and Mrs. Terry Landry, dated. 6. Additional Information to be considered with Committee Reports - None 7. Committee Reports 7.1 The report of the Planning Services Committee from the meeting held on June 27, 2007 at 7:30 p.m. Motion 2007-486 Councillor Marisett THAT the report of the Planning Services Committee from the meeting held on June 27, 2007 at 7:30 p.m. be adopted as presented, with the exception of motion PL-169-2007. Motion 2007-487 Councillor Bailey THAT the following motion (PL-169-2007) of the Planning Services Committee from the meeting held on June 27, 2007 at 7:30 p.m. be approved: THAT Official Plan Amendment No. 34 to the County Official Plan for the lands owned by Rosemary Anderson (Home Hardware) located in Part of Lot 18, Concession 3, Military Tract, Ward 6, Halllowell BE APPROVED; and THAT Zoning Amendment File Z-51-07 to Comprehensive Zoning By-law No. 1816-2006 as amended, for the lands owned by Rosemary Anderson (Home Hardware) located in Part of Lot 18, Concession 3, Military Tract, Ward of Hallowell BE APPROVED. Councillor MacDonald requested a recorded vote on Motion 2007-487
6 Name In Favour Opposed MACDONALD, Keith ALYEA, Monica BAILEY, Laverne BEST, Ray BURRIS, Peggy CAMPBELL, Bev GALE, Kevin LATCHFORD, Sandy MARISETT, Brian MERTENS, Peter O'BRIEN, Dianne PARKS, Richard SLIK, Lori THOMPSON, John TURPIN, Barry FINNEGAN, Mayor Leo P Total 13 3 Motion 2007-488 Councillor Campbell THAT the provisions of the Procedure By-law be waived to allow the meeting to continue beyond the three hour limit. Council recessed at 9:45 p.m. and reconvened at 9:55 p.m. with all members present excepting Councillor Latchford, Councillor Marisett and. 7.2 The report of the Planning Services Committee from the meeting held on July 3, 2007 at 2:30 p.m. Motion 2007-489 Councillor Alyea Councillor Parks THAT the report of the Planning Services Committee from the meeting held on July 3, 2007 at 2:30 p.m. be adopted as presented. ] Councillor Latchford, Councillor Marisett and returned to the meeting at this time.
7 7.3 The report of the Recreation, Parks and Culture Committee from the meeting held on July 12, 2007 at 1:30 p.m. Motion 2007-490 Councillor Parks Councillor Burris THAT the report of the Recreation, Parks and Culture Committee from the meeting held on July 12, 2007 at 1:30 p.m. be adopted as presented, with the exception of Motions RPC-154-2007, RPC-169-2007 and RPC-170-2007. Motion 2007-491 Councillor Marisett Councillor Latchford THAT the following motion (RPC-154-2007) of the Recreation, Parks and Culture Committee from the meeting held on July 12, 2007 at 1:30 p.m. be approved: THAT Item 5.6, Minutes of the Prince Edward County Youth Park Project Committee meeting held on June 14, 2007, be removed from the agenda as the Youth Park Project Committee is not a sub-committee of Council but is a sub-committee of Youth Park Inc., a private corporation. LOST Motion 2007-492 Councillor Burris Councillor Turpin THAT the following motion (RPC-169-2007) of the Recreation, Parks and Culture Committee from the meeting held on July 12, 2007 at 1:30 p.m. be approved: THAT the 2007 2008 proposed Rates and Fees be approved as presented in the Commissioner s report dated July 12, 2007. Prior to voting on Motion 2007-492 the following Amending Motion was put forward: Amending Motion 2007-493 Councillor Alyea Councillor Best THAT motion RPC-169-2007 of the Recreation, Parks and Culture Committee from the meeting held on July 12, 2007 regarding 2007-2008 proposed rates and fees be amended by referring the proposed Private Rental/Public Event admission rate for Mount Tabor back to staff for further review and a report to the next Recreation, Parks and Culture Committee meeting.
8 The vote was then taken on Motion 2007-492 as amended as follows: THAT the 2007 2008 proposed Rates and Fees be approved as presented in the Commissioner s report dated July 12, 2007 with the exception of the proposed Private Rental/Public Event admission rate for Mount Tabor which is referred back to staff for further review and a report to the next Recreation, Parks and Culture Committee meeting. Motion 2007-494 Councillor Marisett Councillor Thompson THAT the following motion (RPC-170-2007) of the Recreation, Parks and Culture Committee from the meeting held on July 12, 2007 at 1:30 p.m. be approved: THAT staff be requested to report to the September 2007 Recreation, Parks and Culture Committee meeting regarding the current and future maintenance program for the HVAC system at Shire Hall. 7.4 Report of the Public Works Committee from the special meeting held on at 10:00 a.m. Motion 2007-495 THAT the report of the Public Works Committee from the special meeting held on July 23, 2007 at 10:00 a.m. be adopted as presented. 8. New Business 8.1 Report of the Commissioner of Public Works regarding the Bloomfield and Consecon Water Tower Maintenance Procurement Report Motion 2007-496 Councillor Turpin Councillor Latchford THAT Tender #2007-PW-036 for water storage tank maintenance in Bloomfield and Consecon be awarded to Landmark Municipal Services ULC, being the only tender received at a cost of $154,800.00, no G.S.T.
9 8.2 Report of the Commissioner of Public Works regarding Contract #2007-PW-032- Bridge Street Reconstruction Motion 2007-497 Councillor Bailey Councillor Campbell THAT Contract #2007-PW-032 for Bridge Street Reconstruction be awarded to Lafarge Paving & Construction (Eastern) Limited in the amount of $612,091.20 plus G.S.T., this being the lowest tender received. 8.3 Report of the Clerk regarding an Offer to Purchase Lot 42 Industrial Park Motion 2007-498 Councillor Bailey THAT the by-law as listed on this agenda to authorize an Agreement of Purchase and Sale for Lot 42 of the Industrial Park to Loyalist Contractors Inc., be enacted. 8.4 Report of the Commissioner of Corporate Services and Finance regarding the Asset Management Program. Motion 2007-499 Councillor Best Councillor Thompson THAT the by-law as listed on this agenda to Authorize the Mayor and Clerk to Execute an Agreement between The Corporation of The County of Prince Edward and Her Majesty The Queen in Right of Ontario being a Funding Agreement under the Canada- Ontario Municipal Rural Infrastructure Fund (COMRIF) for the Asset Management Program (AMP), be enacted. 8.5 Report of the Commissioner of Planning Services regarding 1440357 Ontario Limited (Manor on Loyalist Parkway) 13468 Loyalist Parkway, Hallowell Ward Site Plan Agreement Motion 2007-500 Councillor Parks Councillor MacDonald THAT County Council give three readings to a By-law authorizing and directing the Mayor and Clerk to execute a site plan agreement with 1440357 Ontario Limited (c/o Anik Jivanjee) and Duca Financial Services Credit Union Limited, for
10 the development located in Part of Lot 19, Concession 3, Military Tract, being Parts 1, 2, 3, 4, 5 and 6 on Plan 47R-3902 and Part 1 on Plan 47R-3214, further described in Schedule A of the agreement, Township of Hallowell now in the County of Prince Edward. 8.6 Report of the Commissioner of Public Works regarding an Encroachment Agreement 1715 County Road 3, Ameliasburgh Ward Motion 2007-501 Councillor O Brien Councillor Latchford THAT upon execution of the Encroachment Agreement by Bruce Patrick Middleton, Bruce Elvin Middleton, Carol Ann Middleton and Vincent Albert Middleton, a by-law to authorize the execution of an Encroachment Agreement with Bruce Patrick Middleton, Bruce Elvin Middleton, Carol Ann Middleton and Vincent Albert Middleton to grant permission to encroach upon County Road 3, Ameliasburgh Ward to the extent necessary to use and maintain an existing well at 1715 County Road 3, Ameliasburgh Ward, be enacted. 8.7 Report of the Commissioner of Public Works regarding an Amending Subdivision Agreement Talbot Meadows Subdivision Phase II, Picton Ward Motion 2007-502 Councillor Bailey Councillor Campbell THAT the Mayor and the Clerk be hereby authorized to execute an Amending Subdivision Agreement for the Talbot Meadow Subdivision, Picton Ward. 8.8 Report of the Manager of Properties regarding Specialized Transit Update Motion 2007-503 Councillor Burris Councillor Turpin THAT the report on the rider ship/applications for Specialized Transit in the County be received. 8.9 Report of the Clerk regarding the Sale of Part of Block A, Plan 24, Ameliasburgh by former Township of Ameliasburgh
11 Motion 2007-504 Councillor Latchford Councillor O Brien THAT the by-law as listed on this agenda to authorize the execution of documents for the sale for Part of Block A, Plan 24 Ameliasburgh to John Charles Doiron and Dora Mary Doiron, be enacted. 8.10 Report of the Clerk regarding Sale of County Owned Land Lot 10, Plan 9, Prinyers Cove Motion 2007-505 Councillor Campbell THAT motion RPC-145-2007 from the meeting of the Recreation, Parks and Culture Committee from its meeting of June 14, 2007 be reconsidered to address a wording error in the resolution; THAT motion RPC-145-2007 be rescinded and replaced with the following: THAT the property described as Lot 10, Plan 9, Prinyers Cove, North Marysburgh ward be declared surplus to the needs of the municipality and offered for sale to Michael Wilson, an abutting owner, at the appraised value, as established by an accredited appraiser plus all associated costs including appraisal, advertising, survey and legal costs; THAT the Mayor and Clerk be authorized to sign the Agreement of Purchase and Sale, on the condition that it is in accordance with the appraised value and conditions; THAT the authorizing by-law be brought forward for enactment following the statutory public notice; and THAT the proceeds of the sale be placed in the Parkland Reserve for parkland acquisition needs of the County. with a 2/3 majority 9. By-laws for Consideration Motion 2007-506 Councillor Mertens Councillor Bailey THAT the following by-laws be added to the agenda:
12 9.20 A By-law to adopt an amendment to the Official Plan of the Corporation of the County of Prince Edward (Home Hardware Limited OPA No. 34) 9.21 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (Rosemary Anderson/Home Hardware) with a 2/3 majority Motion 2007-507 Councillor Alyea THAT the following By-laws be read a first, second and third time and finally passed: 9.1 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (R3-26 Zone, Redgate Developments Inc.) (signed as By-law 1982-2007) 9.2 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (RUI-81 Zone, Margaret Falconer & Edward Gillam and LSR-32 Zone, John Sibthorpe) (signed as By-law 1983-2007) 9.3 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (RU3-30 Zone, Paul Lewis) (signed as By-law 1984-2007) 9.4 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (A8-213 Mitchells Crossroad, North Marysburgh) (signed as By-law 1985-2007) Motion 2007-508 Councillor Alyea Councillor MacDonald THAT the following By-laws be read a first, second and third time and finally passed: 9.5 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (508 County Road 13, South Marysburgh) (signed as By-law 1986-2007) 9.6 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (RUI-94 Zone, Hagerman, I-25 Zone, Hallowell House, Hallowell) (signed as By-law 1987-2007) 9.7 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (A9-479 Ostrander Point Road, South Marysburgh) (signed as By-law 1988-2007)
13 9.8 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (CH-45 Zone, Harold & Catherine Dunlop) (signed as By-law 1989-2007) Motion 2007-509 Councillor Mertens Councillor Turpin THAT the following By-laws be read a first, second and third time and finally passed: 9.9 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (RU2-39 Zone, Rosehall Run) (signed as By-law 1990-2007) 9.10 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (RU2-38 Zone, Robert & Sally Peck) (signed as By-law 1991-2007) 9.11 A By-law to Authorize the Corporation of the County of Prince Edward to enter into a Development (Site Plan) Agreement with 1440357 Ontario Limited (Owner) and Duca Financial Services Credit Union Limited (Mortgagee). (signed as By-law 1992-2007) Motion 2007-510 Councillor Thompson Councillor Mertens THAT the following By-laws be read a first, second and third time and finally passed: 9.12 A By-law to Amend By-law 77, as amended, being a By-law to Establish a Public Library in the County of Prince Edward and to Appoint a Public Library Board. (signed as By-law 1993-2007) 9.13 A By-law to Authorize the Execution of an Agreement of Purchase and Sale for Lot 42 in the Industrial Park Ward 1 Picton (Loyalist Contractors Inc.) (signed as By-law 1994-2007) 9.14 A By-law to Authorize the Mayor and Clerk to Execute an Agreement between The Corporation of The County Of Prince Edward and Her Majesty The Queen In Right of Ontario being a Funding Agreement Under the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) for the Asset Management Program (AMP). (signed as By-law 1995-2007)
14 Motion 2007-511 Councillor Best THAT the following By-laws be read a first, second and third time and finally passed: 9.15 A By-law to Authorize the Execution of a Water Service Agreement between The Corporation of the County of Prince Edward and The Corporation of the City of Quinte West. (signed as By-law 1996-2007) 9.16 A By-law to authorize the Corporation of the County of Prince Edward to enter into an Encroachment Agreement with Bruce Patrick Middleton, Bruce Elvin Middleton, Carol Ann Middleton and Vincent Albert Middleton. (signed as Bylaw 1997-2007) 9.17 A By-law to Authorize the Corporation of the County of Prince Edward to amend the existing Subdivision Agreement with Talbot Meadows Development Corporation, John Taylor Biggins, Madelaine Elizabeth Borch-Biggins, Stuart Stanley, Maria Zaban-Stanley, Richard Clarence DeMille, Deborah Lynn DeMille, Marilyn Heffernan and Daphne Edith Cecilia Hamilton. (signed as Bylaw 1998-2007) Motion 2007-512 Councillor Parks THAT the following By-laws be read a first, second and third time and finally passed: 9.18 A By-law to Close, Declare Surplus and Convey to the Abutting Owner the Unopened Road Allowance being described as part of Sheba Drive, Registered Plan No. 17, Township of Hallowell, now in the Municipality of the County of Prince Edward. (signed as By-law 1999-2007) 9.19 A By-law to Authorize the Execution of Documents for the Sale for Part of Block A, Plan 24, Ameliasburgh. (John Charles Doiron and Dora Mary Doiron) (signed as By-law 2000-2007) Motion 2007-513 Councillor Mertens Councillor Bailey THAT the following By-laws be read a first, second and third time and finally passed: 9.20 A By-law to adopt an amendment to the Official Plan of the Corporation of the County of Prince Edward (Home Hardware Limited OPA No. 34) (signed as Bylaw 2001-2007)
15 9.21 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as amended. (Rosemary Anderson/Home Hardware) (signed as By-law 2002-2007) with a 2/3 majority 10. Motions Arising from Closed Session 10.1 from the closed session held on June 25, 2007 Motion 2007-514 Councillor Latchford Councillor Turpin THAT the from the closed session held on June 25, 2007 be adopted as circulated. 10.2 Recreation, Parks and Culture Committee minutes from the closed session held on July 12, 2007 Motion 2007-515 Councillor Burris THAT the Recreation, Parks and Culture Committee minutes from the closed session held on July 12, 2007 be adopted as circulated. 10.2.1 Appointments to the Physical Activity Plan Project Steering Committee Motion 2007-516 Councillor O Brien Councillor Marisett THAT Gisela Thomlinson and Stephanie Roth be appointed to the Physical Activity Plan Steering Committee for the term of the project. 10.3 Public Works Committee minutes from the special closed session held on July 23, 2007. Motion 2007-517 Councillor O Brien THAT the Public Works Committee minutes from the special closed session held on July 23, 2007 be adopted as circulated.
16 10.3.1 Pubic Works Motion PW-128-2007 Motion 2007-518 Councillor Best THAT the following motion PW-128-2007 of the Public Works Committee minutes from the special closed session held on be approved: THAT staff be directed to extend the contract for the Projects Engineer with Joe Angelo to December 31, 2008. 11. Confirmatory By-law Motion 2007-519 Councillor Best Councillor Mertens THAT the following By-law be read a first, second and third time and finally passed: 11.1 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 2003-2007) 12. Adjournment Motion 2007-520 Councillor Burris Councillor Thompson THAT this meeting now adjourn at 10:59 p.m. The next regular meeting of Council will be held on Monday, August 27, 2007. CLERK Victoria Leskie MAYOR Leo P. Finnegan