CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS November 12, 2013 PRESENT: Council: Mayor Kinsella, Deputy Mayor Conarroe, Councillor Dickson, Councillor Emmons, Councillor Kelsey, Councillor Lesage-Tye, Councillor Merkley. Staff: CAO Milena Avramovic, Clerk Vanessa Latimer, Treasurer Bill McKennan, Supervisor Public Works James Tuck, Environmental Technologist Andrew Day, Planning Assistant Amanda Werner-Mackeler, Administrative Assistant Lisa Lawrence. 1. Council met in regular session on the evening of November 12 th, 2013 at 7:00 p.m. at the Lansdowne Council Chambers. 1.1 Declaration of Interest None. 2. ADOPTION OF AGENDA Resolution #435-13 (Merkley, Dickson) THAT the agenda for the regular meeting of Council on November 12 th, 2013 be adopted as amended. 3. ADOPTION OF MINUTES 3.1 October 28 th, 2013 Regular Meeting Minutes Resolution #436-13 (Merkley, Kelsey) THAT the October 28 th, 2013 Regular Meeting Minutes be adopted as circulated. 4. DEPUTATIONS 4.1 David Dargie St. John Ambulance Presentation Support Upcoming Capital Campaign Mr. Dargie presented a report summarizing the services offered by St. John Ambulance and advising Council about the 2014 Capital Campaign seeking to raise $350,000.00. 4.2 Liz Huff SBARA Seeley s Bay Steps Up Progress Report Ms. Huff presented the progress report for Phase I of the Steps Up program, and outlined Phase II priorities.
Council Minutes Meeting of November 12 th, 2013 Page 2 5. Council adjourn to form Committee of the Whole Resolution #437-13 (Merkley, Dickson) THAT Council adjourns to form Committee of the Whole at 7:30 p.m. 1. REPORTS COMMITTEE OF THE WHOLE 1.1 Protection to Persons and Property Planning: - Planning Report No. PL-051-13 Consent Application B- 50-13 R. Jordan Lot Addition Planning Assistant Amanda Werner-Mackeler presented the report. Council discussed the report. - Planning Report No. PL-052-13 Consent Application B- 62-13 P. Kirkby Lot Addition Planning Assistant Amanda Werner-Mackeler presented the report. Council received the report. - Planning Report No. PL-053-13 Consent Application B- 85-13 G. Bennett Lot Addition Planning Assistant Amanda Werner-Mackeler presented the report. Council discussed the report. - Planning Report No. PL-054-13 Consent Application B- 86-13 R. Jordan Lot Addition Planning Assistant Amanda Werner-Mackeler presented the report. Council discussed the report. - Economic Development Report No. ED-002-13 EDC Vacancy CAO Milena Avramovic presented the report. Council received the report. 1.2 Public Works Roads - Public Works Report No. PWR-016-13 Tender PW 13-7456 Railway St. Sewage Pumping Station Upgrades Environmental Technologist Andrew Day presented the report. Council discussed the report.
Council Minutes Meeting of November 12 th, 2013 Page 3 - Public Works Report No. PWR-017-13 Source Water Protection Implementation of the Cataraqui Source Protection Plan Environmental Technologist Andrew Day presented the report. Council discussed the report - Public Works Report No. PWR-018-13 Lansdowne Drinking Water Operational and Financial Plans Environmental Technologist Andrew Day presented the report. Council discussed the report. 1.3 Finance and Administration Administration - Administration Report No. AD-014-13 Closed Meeting Investigator Clerk Vanessa Latimer presented the report. Council discussed the report. - Administration Report No. AD-016-13 Council Composition Deputy Mayor Elected at Large Clerk Vanessa Latimer presented the report. Council discussed the report. - Administration Report No. AD-020-13 Personnel Policy CAO Milena Avramovic presented the report. discussed the report. Council - Administration Report No. AD-021-13 Proposed Schedule of Council Meetings for 2014 CAO Milena Avramovic presented the report. Council discussed the report. - Frank Cowan Municipal Liability Crises CAO Milena Avramovic presented information on Joint and Several Liaiblity. Council discussed this matter. - Lansdowne Standpipe Treasurer Bill McKennan provided a verbal report. Council received the report. 2. OTHER BUSINESS 2.1 Christmas Parades Deputy Mayor Conarroe Deputy Mayor Conarroe advised members of the audience that Council and staff will be decorating the float on Friday November 15 th at 2:00 pm for the Lyndhurst and Lansdowne Christmas parades to be held on November 16 th and 17 th.
Council Minutes Meeting of November 12 th, 2013 Page 4 2.2 Christmas Giving Deputy Mayor Conarroe Deputy Mayor Conarroe spoke about arranging to have baskets set up in the foyer at the office for the collection of non-perishable food items for the local food bank as well as a basket for the collection of unwrapped toys for kids. 3. Committee of the Whole adjourn and rise. Resolution #438-13 (Dickson, Merkley) THAT the Committee of the Whole adjourns and reverts to Council. Resolution #439-13 (Conarroe, Kelsey) THAT Council approves the extension of the Regular scheduled meeting on November 12 th, 2013, beyond 10:00 pm. COUNCIL MEETING 6. BUSINESS ARISING FROM COMMITTEE OF THE WHOLE Resolution #440-13 (Kelsey, Dickson) THAT the following reports presented during the Committee of the Whole be received: - Planning Report No. PL-051-13 Consent Application B-50-13 - Planning Report No. PL-052-13 Consent Application B-62-13 - Planning Report No. PL-053-13 Consent Application B-85-13 - Planning Report No. PL-054-13 Consent Application B-86-13 - Economic Development Report No. ED-002-13 EDC Vacancy - Public Works Report No. PWR-016-13 Tender PW 13-7456 - Public Works Report No. PWR-017-13 Source Water Protection - Public Works Report No. PWR-018-13 Lansdowne Drinking Water Plans - Administration Report No. AD-014-13 Closed Meeting Investigator - Administration Report No. AD-016-13 Council Composition - Administration Report No. AD-020-13 Personnel Policy - Administration Report No. AD-021-13 Proposed Schedule of Meetings - Frank Cowan Municipal Liability Crises - Lansdowne Standpipe
Council Minutes Meeting of November 12 th, 2013 Page 5 7. ACTION REQUIRED ITEMS 7.1 Resolution Planning Report No. PL-051-13 Consent Application B-50-13 Resolution #441-13 (Merkley, Kelsey) THAT the United Counties of Leeds and Grenville Consent Granting Authority be requested to approve consent application B-50-13 for a lot addition, as the application conforms to the Official Plan for the Township of Leeds and the Thousand Islands, meets the provisions of Zoning By-law No. 07-079, and meets the requirements of Section 51(24) of the Planning Act, 1990, subject to the following conditions: 1. That two (2) copies of a plan of survey verifying the measurements in metric, which has been prepared, dated and signed by an Ontario Land Surveyor, showing the full extent of the proposed lot addition parcel and parcel receiving the lot addition and the existing and continuing rights-of-way, be provided to the Township of Leeds and the Thousand Islands; 2. That subsection 50(3) and 50(5) of the Planning Act, 1990, apply to any subsequent conveyance of or transaction involving the parcel to be added; 3. That the severed lands be rezoned from Rural to Shoreline Residential; and 4. That all taxes, debentures, or other amounts owing to the Township of Leeds and the Thousand Islands on the subject properties be paid in full. 7.2 Resolution Planning Report No. PL-052-13 Consent Application B-62-13 Resolution #442-13 (Merkley, Kelsey) THAT the United Counties of Leeds and Grenville Consent Granting Authority be requested to approve consent application B-62-13 for a lot addition, as the application conforms to the Official Plan for the Township of Leeds and the Thousand Islands, meets the provisions of Zoning By-law No. 07-079, and meets the requirements of Section 51(24) of the Planning Act, 1990, subject to the following conditions: 1. That two (2) copies of a plan of survey verifying the measurements in metric, which has been prepared, dated and signed by an Ontario Land Surveyor, showing the full extent of the proposed lot addition parcel and parcel receiving the lot addition, be provided to the Township of Leeds and the Thousand Islands; 2. That subsection 50(3) and 50(5) of the Planning Act, 1990 apply to any subsequent conveyance of or transaction involving the parcel to be added; 3. That road widening, sufficient to provide the Township with 10 metres (33 feet) from the centre
Council Minutes Meeting of November 12 th, 2013 Page 6 of the road for the retained parcel and the parcel to receive the lot addition, is conveyed to the Corporation of the Township of Leeds and the Thousand Islands. The deed for this road widening is to be submitted directly to the Township by the applicants or their solicitor; and 4. That all taxes, debentures, or other amounts owing to the Township of Leeds and the Thousand Islands on the subject properties be paid in full. 7.3 Resolution Planning Report No. PL-053-13 Consent Application B-85-13 Resolution #443-13 (Dickson, Kelsey) THAT the United Counties of Leeds and Grenville Consent Granting Authority be requested to approve consent application B-85-13 for a lot addition, as the application conforms to the Official Plan for the Township of Leeds and the Thousand Islands, meets the provisions of Zoning By-law 07-079, and meets the requirements of Section 51(24) of the Planning Act, 1990, subject to the following conditions: 1. That two (2) copies of a plan of survey verifying the measurements in metric, which has been prepared, dated and signed by an Ontario Land Surveyor, showing the full extent of the properties once the two parcels are added, be provided to the Township; 2. That subsections 50(3) and 50(5) of the Planning Act, 1990, apply to any subsequent conveyance of or transaction involving the parcel to be added; 3. That, as per Section 50(6) of the Planning Act, the remnant parcel shall be conveyed prior to the endorsement of consent to the severed parcel. A copy of the registered deed for the remnant parcel together with a copy of the purchaser s registered deed are to be submitted to the Land Division Committee prior to endorsement of consent on the deed for the severed parcel; and 4. That all taxes, debentures, or other amounts owing to the Township of Leeds and the Thousand Islands on the subject properties be paid in full.
Council Minutes Meeting of November 12 th, 2013 Page 7 7.4 Resolution Planning Report No. PL-054-13 Consent Application B-86-13 Resolution #444-13 (Dickson, Merkley) THAT the United Counties of Leeds and Grenville Consent Granting Authority be requested to approve consent application B-86-13 for a lot addition, as the application conforms to the Official Plan for the Township of Leeds and the Thousand islands, and meets the requirements of Section 51(24) of the Planning Act, 1990, subject to the following conditions: 1. That two (2) copies of a plan of survey verifying the measurements in metric, which has been prepared, dated and signed by an Ontario Land Surveyor, showing the full extent of the proposed lot addition parcel and parcel receiving the lot addition, be provided to the Township of Leeds and the Thousand Islands; 2. That subsections 50(3) and 50(5) of the Planning Act, 1990, apply to any subsequent conveyance of or transaction involving the parcel to be added; 3. That the section of the private right-of-way to be closed is closed in a manner that is in conformance with all regulations, and that all those who have an interest in the right-of-way be advised of the intent to close the right-of-way and that they provide notice of release of said interest; 4. That the garage be relocated to the satisfaction of the Township and in compliance with the relevant provisions of the Zoning By-law. If relief from the provisions of the Zoning By-law are required, the owners will be solely responsible to apply for and pay any and all associated fees for any planning applications required to satisfy the provisions of Zoning By-law No. 07-079. The owners must obtain a building permit, and pay any associated fees to relocate the structure on the property; 5. That relief be applied for and granted for the retained lands (913 Durrie Lane) to address the reduced lot area and lot frontage resulting from the application; and 6. That all taxes, debentures, or other amounts owing to the Township of Leeds and the Thousand islands on the subject properties be paid in full. 7.5 Resolution Economic Development Report No. ED-002-13 EDC Vacancy Resolution #445-13 (Dickson, Merkley) THAT Council approves the solicitation of potential candidates to fill a recent vacancy on the Economic Development Committee.
Council Minutes Meeting of November 12 th, 2013 Page 8 7.6 Resolution Public Works Report No. PWR-016-13 Railway Street Sewage Pumping Station Upgrades Resolution #446-13 (Merkley, Dickson) THAT the Railway Street Sewage Pumping Station Upgrades, Tender PW 13-7456, be awarded to Filtrum Inc. in the amount of $217,600.00 (excluding HST), upon staff successfully completing their own reference check if contract wording permits. 7.7 Resolution Public Works Report No. PWR-017-13 Source Water Protection Resolution #447-13 (Merkley, Dickson) THAT Township Staff be directed to review, sign and submit the Source Protection Municipal Implementation Fund Grant Funding Agreement with MOE prior to December 31, 2013, and further, that the Township of Leeds and the Thousand Islands provide MOE with a copy of a certificate of insurance by the same date all in support of the base funding of $45,000.00. Resolution #448-13 (Conarroe, Dickson) THAT Township Staff be directed to investigate the opportunities for Collaboration between TLTI and neighbouring municipalities with the Cataraqui Source Protection Area, and that any collaborative arrangement reached be submitted to MOE by December 12, 2014 to secure additional funding of up to $15,000.00. Resolution #449-13 (Dickson, Conarroe) THAT council direct the Townships Environmental Technologist to proceed with the qualifying requirements for a Risk Management Official (RMO) or a Risk Management Inspector (RMI) or both. 7.8 Resolution Public Works PWR-018-13 Lansdowne Drinking Water Operational and Financial Plans Resolution #451-13 (Conarroe, Dickson) THAT Township staff review the Drinking Water Finanical Plan to ensure that it conforms to the requirements set out in Ontario Regulation 453-07 (Financial Plans) under the Safe Drinking Water Act, 2002.
Council Minutes Meeting of November 12 th, 2013 Page 9 7.9 Administration Report No. AD-014-13 Closed Meeting Investigator Resolution #452-13 (Emmons, Lesage-Tye) THAT Council direct staff to prepare an agreement with LAS to appoint LAS as the Closed Meeting Investigator for the Township of Leeds and the Thousand Islands and its local Boards and Committees for a period of one year commencing December 1, 2013, and that the necessary by-law be prepared and brought to Council. Mayor Kinsella vacated the chair and Deputy Mayor Conarroe took the chair for the following motion: Moved by Mayor Kinsella Seconded by Councillor Lesage-Tye THAT this be deferred to the next Council meeting. Mayor Kinsella resumed the chair. 7.10 Administration Report No. AD-016-13 Council Composition Deputy Mayor Elected at Large Resolution #453-13 (Emmons, Lesage-Tye) THAT Administration Report No. AD-016-13, dated November 12 th, 2013 be received and that Council direct staff to proceed with notification for a public meeting. 7.11 Administration Report No. AD-020-13 Personnel Policy Resolution #454-13 (Kesley, Dickson) THAT Council directs the CAO to seek legal opinion regarding the statutory holidays. This motion was withdrawn by the mover and seconder. 7.12 Administration Report No. AD-021-13 Proposed Schedule of Council Meetings for 2014 Resolution #455-13 (Emmons, Merkley) THAT Administration Report No. AD-021-13 dated November 12, 2013, be received and Council approves the proposed Schedule of Council Meetings for 2014.
Council Minutes Meeting of November 12 th, 2013 Page 10 7.13 Frank Cowan Company Municipal Liability Crises Resolution #456-13 (Lesage-Tye, Emmons) WHEREAS the Negligence Act, joint and several liability dictates that damages may be recoverd from any of the defendants regardless of their individual share of the liability, AND WHEREAS for municipalities, as public organizations with deep pockets, this often means even a finding of slight or minimal liability can result in responsibility for millions of dollars in damage awards, especially in cases where other liable parties do not have sufficient assets, AND WHEREAS the current situation is not sustainable, municipailtes need more protection. A long-term sustainable solution can be achieved by a careful review and the adoption of one or more of the following solutions: - Capping Awards - Developing a Provincial fund to assist with paying for large claims - Utilizing tribunals to streamline the court system - Structured settlements that provide awards over time - Immunities for municipalities NOW THEREFORE BE IT RESOLVED the Township of Leeds and the Thousand Islands call on the Government to reform joint and several liability as it exists today, with a particular regard for the impact it has on deep pocket property taxpayers and their communities. 7.14 Christmas Baskets Resolution #457-13 (Conarroe, Merkley) THAT Council direct staff to place baskets in the front foyer for the collection of non-perishable food and a basket for unwrapped toys and to work with the area community groups in the initiative. 7.15 OGRA Conference Resolution #458-13 (Conarroe, Emmons) THAT Council approves the following three members Councillor Kelsey, Councillor Dickson, and a Councillor to be named to attend the Ontario Good RoadS Conference in Toronto February 23 rd -26 th, 2014.
Council Minutes Meeting of November 12 th, 2013 Page 11 Resolution #459-13 (Conarroe, Merkley) THAT Council suspend the rules and regulations of the Procedural By-law under Section 2.01 to consider an application under the Small Rural and Northern Municipal Infrastructure Fund. Resolution #460-13 (Emmons, Lesage-Tye) WHEREAS the information in the Expression of Interest is factually accurate; AND WHEREAS the Township of Leeds and the Thousand Islands has a comprehensive asset management plan that includes all of the information and analysis described in Building Together: Guide for Municipal Asset Management Plans in place or will have one in place by December 31, 2013; AND WHEREAS the comprehensive asset management plan will be publicly available, including online by May 30, 2014; NOW THEREFORE the project put forward in this application will be completed by December 31, 2015. 8. INFORMATION ITEMS 8.1 Information Package November 1 st, 2013 8.2 OCWA Water Quality Test Results for October 8.3 St. Lawrence District Medical Centre The Pulse News 8.4 Information Report Staining of Exterior of Admin. Building 8.5 AMO Bill 36 Local Food Act 8.6 Letter of Resignation received from Co-Chair of MHC 8.7 SMT Meeting Minutes November 6, 2013 Council discussed Item #8.4 and #8.6. Resolution #461-13 (Emmons, Lesage-Tye) THAT correspondence items #8.1 - #8.7 be received and filed. 9. OTHER BUSINESS 10. BY-LAWS 11. PASSING OF CONFIRMATION BY-LAW Resolution #462-13 (Emmons, Lesage-Tye) THAT three readings and final passage be granted to By-law 13-079, being a by-law to Confirm the Proceedings of The Corporation of the Township of Leeds and the Thousand Islands at its meeting held on November 12 th, 2013.
Council Minutes Meeting of November 12 th, 2013 Page 12 12. ADJOURNMENT Resolution #463-13 (Emmons, Lesage-Tye) THAT Council adjourns to November 18 th, 2013, at 6:30 p.m. in the Lansdowne Council Chambers. Frank Kinsella, Mayor Vanessa Latimer, Clerk