THE CORPORATION OF NORFOLK COUNTY COUNCIL MEETING TUESDAY, MAY 22, 2007

Transcription

1 THE CORPORATION OF NORFOLK COUNTY COUNCIL MEETING TUESDAY, MAY 22, 2007 The following are the minutes of the Council Meeting held on Tuesday, May 22, 2007, at 7:55 p.m. in the Council Chambers, County Administration Building, 50 Colborne Street South, Simcoe, Ontario. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Mayor Dennis Travale Councillor Roger Geysens Councillor John Hunt Councillor Charlie Luke Councillor James Oliver Councillor Heidy Van Dyk Councillor John Wells Councillor Michael Columbus Councillor Harold Sonnenberg Bill Allcock, County Manager Cathy Balcomb, Deputy-Clerk/Licensing Coordinator Eric D'Hondt, General Manager, Public Works & Environmental Services Department Chris Baird, General Manager, Planning & Economic Development Services Department Patti Moore, General Manager, Health & Social Services Department Kandy Webb, General Manager, Human Resources & Staff Development Services Department Fran Bell, Manager, Corporate Support Services Division Jim McIntosh, Manager, Community Planning Services Division Shirley Cater, Planner, Community Planning Services Division Scott Peck, Planner, Community Planning Services Division Mary Elder, Planner, Community Planning Services Division Kevin Lichach, Manager, Parks & Facilities Division Iris Chesterman, Council Services Assistant 1. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Luke declared a pecuniary interest in respect to Staff Report P.E.D as he has an employee/employer relationship with the Grand Erie District School Board, and in doing so agreed to abstain from any discussion or voting on this matter.

2 Tuesday, May 22, 2007 Page 2 of PRESENTATIONS, APPLICATIONS & DEPUTATIONS A) Applications i) Application to amend the former Township of Delhi Zoning By-law 1-DE 80 affecting lands described as 2626 Nixon Road, Simcoe, Norfolk County to permit a garden suite as a temporary use for a period of five years. Applicant: Dwight & Vera Ann Rabey (File No. ZN-022/ P.E.D. Report No ) No. 1: THAT the application by Dwight and Vera Ann Rabey, 2626 Nixon Road, R.R. #7, Simcoe, ON N3Y 4K6, affecting lands described as Part Lot 12, Concession 11, Geographic Township of Windham, Norfolk County, to amend the Township of Delhi Zoning By-law 1-DE 80 as amended, BE APPROVED for a period of five years for the reasons set out Staff Report P.E.D. Report ii) Application to amend the former Township of Norfolk Zoning By-law 1-NO 85 affecting lands described as 153 Front Road, Port Rowan, Norfolk County to change the zoning of the subject lands from Agricutlure to Highway Commercial with a provision for a mini-golf course and a residence. Applicant: R & N. Myers (File No. ZN-005/2007 P.E.D. Report No ) No. 2: Seconded by Councillor James Oliver THAT the application by R & N Myers, 2 Cummings Street, Oakland, Ontario, N0E 1L0 for lands described as Part Block 2, Plan 16B, 153 Front Road, Port Rowan, Norfolk County to amend the Township of Norfolk Zoning By-law 1-NO 85 as amended, BE APPROVED SUBJECT TO A HOLDING PROVISION AND SITE PLAN CONTROL, for reasons set out in Staff Report P.E.D

3 Tuesday, May 22, 2007 Page 3 of PRESENTATIONS, APPLICATIONS & DEPUTATIONS (Cont d) A) Applications (Cont d) iii) Application to amend the former Township of Norfolk Official Plan and Zoning By-law 1-NO 85 affecting lands described as 817 Byerlay Side Road, Courtland, Norfolk County to permit one residential dwelling. Applicant: Johanna Tilroe (Goud) Agent: Rick Klyn (File No. OPN-002/2007 and ZN-010/ P.E.D. Report No ) No. 3: Moved by Councillor Roger Geysens Seconded by Councillor John Hunt THAT the application by Johanna Tilroe (Goud), 817 Byerlay Road, Courtland, Ontario, N0J 1E0 for lands described as Part of Lot 25, Concession 1 STR, (Middleton), Norfolk County to amend the Township of Norfolk Official Plan & Zoning By-law 1-NO 85 as amended, BE APPROVED. iv) Application to amend the former Township of Delhi Zoning By-law 1-DE 80 affecting lands described as 67 Queen Street West St. Williams, Norfolk County to permit additional uses to the Neighbourhood Institutional "IN" zone. Applicant: Grand Erie District School Board Agent: Community Living Access Support Services (File No. ZN-011/ P.E.D. Report No ) No. 4: THAT the application by Grand Erie District School Board, 349 Erie Avenue, Brantford, Ontario, N3T 5V3 for lands described as Block 4, Lot 9, Plan 32, St. Williams, Norfolk County to amend the Township of Delhi Zoning By-law 1-DE 80 as amended, BE APPROVED SUBJECT TO SITE PLAN CONTROL, for reasons set out in Staff Report P.E.D

4 Tuesday, May 22, 2007 Page 4 of PRESENTATIONS, APPLICATIONS & DEPUTATIONS (Cont d) A) Applications (Cont d) v) Application to amend the former Township of Delhi Zoning By-law 1-DE 80 affecting lands described as 111 Queen Street, Delhi, Norfolk County to permit a small scale retail store as an additional permitted use on the subject lands. Applicant: Calvin Sollman and Louise Becker (File No. ZN-014/ P.E.D. Report No ) No. 5: Moved by Councillor James Oliver Seconded by Councillor Roger Geysens THAT the application by Calvin Sollman and Louise Becker, 111 Queen Street, Delhi, Ontario, N3B 2K2 for lands described as Block 14, Part Lot 4, Plan 189, (Delhi), Norfolk County to amend the Township of Delhi Zoning By-law 1-DE 80 as amended, to permit a Temporary Use By-law, BE NOT APPROVED. vi) Application to amend the former Town of Simcoe Zoning By-law in order to remove site specific zoning (CS.25) from a property at 421 Queensway West, Simcoe and add site specific zoning (CS.27) to a property at 316 Queensway West, Simcoe to permit a fire arms service and accessory retail sales (including fire arms, archery and accessory items). Applicant: Dan Nagy Owner: Jeff & Heather Jo Causyn Owner: Al & Linda Freeman (File No. ZN-017/2007 & ZN-018/ P.E.D. Report No ) No. 6: THAT the application by Dan Nagy, 75 Norfolk Street South, Simcoe, ON N3Y 2W1, affecting lands described as Part of Lot 3, Concession 14 (Windham, Simcoe), Norfolk County, to amend the Town of Simcoe Zoning By-law as amended BE APPROVED for reasons set out in Staff Report P.E.D

5 Tuesday, May 22, 2007 Page 5 of PRESENTATIONS, APPLICATIONS & DEPUTATIONS (Cont d) A) Applications (Cont d) vi) Applicant: Dan Nagy Owner: Jeff & Heather Jo Causyn Owner: Al & Linda Freeman (File No. ZN-017/2007 & ZN-018/ P.E.D. Report No ) (Cont d) No. 7: Moved by Councillor John Wells Seconded by Councillor John Hunt THAT the application by Dan Nagy, 75 Norfolk Street South, Simcoe, ON N3Y 2W1, affecting lands described as Part of Lots 6 and 8, Block 31, Plan 182, (Simcoe), Norfolk County, to amend the Town of Simcoe Zoning By-law as amended, BE APPROVED SUBJECT TO SITE PLAN CONTROL for reasons set out in Staff Report P.E.D vii) Application to amend the Norfolk County Official Plan, former City of Nanticoke Official Plan and former City of Nanticoke Zoning By-law NW affecting lands described as 336 Port Ryerse Side Road, Woodhouse, Norfolk County to permit a Solar Farm. Applicant: David Ryerse Agent: Michelle Chislette, SkyPower Corp. (File No. OPN-001/2007 and ZN-007/ P.E.D. Report No ) No. 8: Moved by Councillor James Oliver Seconded by Councillor John Hunt THAT the application by David Ryerse, 81 Golden Meadow Drive, P.O. Box 938, Port Dover, Ontario N0A 1N3, affecting lands described as Part Lot 3, Concession 1 in the former geographic Township of Woodhouse to amend the Norfolk County Official Plan, City of Nanticoke Official Plan and City of Nanticoke Zoning By-law NW BE APPROVED for the reasons set out in Staff Report P.E.D , SUBJECT TO SITE PLAN APPROVAL.

6 Tuesday, May 22, 2007 Page 6 of APPROVAL/CORRECTION OF THE REGULAR COUNCIL MEETING MINUTES DATED TUESDAY, MAY 8, 2007 The Minutes of the Regular Council Meeting dated Tuesday, May 8, 2007, having been distributed to all members of Council and there being no errors reported, they were thereupon declared adopted and signed by Mayor Travale. 4. COMMUNICATIONS 5. REPORTS OF COMMITTEES A) Council-In-Committee Minutes dated May 15, 2007 No. 9: THAT the Minutes of the Council-In-Committee Meeting dated May 15, 2007 be adopted as presented. No. 10: B) Minutes of the Emergency Management Program Committee Meeting dated May 2, THAT the Minutes of the Emergency Management Program Committee Meeting dated May 2, 2007 be received as information. No. 11: C) Minutes of the Norfolk County Environmental Advisory Committee Meeting dated April 11, Moved by Councillor John Wells Seconded by Councillor John Hunt THAT the Minutes of the Norfolk County Environmental Advisory Committee Meeting dated April 11, 2007 be received as information.

7 Tuesday, May 22, 2007 Page 7 of REPORTS OF COMMITTEES (Cont'd) D) Minutes of the Downtown Simcoe BIA Meeting dated April 19, No. 12: Moved by Councillor John Wells Seconded by Councillor John Hunt THAT the Minutes of the Downtown Simcoe BIA Meeting dated April 19, 2007 be received as information. E) Minutes of the Delhi Museum & Cultural Advisory Committee Meeting dated April 16, No. 13: THAT the Minutes of the Delhi Museum & Cultural Advisory Committee Meeting dated April 16, 2007 be received as information. F) Minutes of the Port Rowan Harbour Commission Meeting dated April 5, No.14: THAT the Minutes of the Port Rowan Harbour Commission Meeting dated April 5, 2007 be received as information.

8 Tuesday, May 22, 2007 Page 8 of STAFF REPORTS A) Staff Report H.S Affordable Housing Program - Recommended Proposals From Expression of Interest - BUDGET AMENDMENT Health & Social Services General Manager, Patti Moore, explained the report and answered questions of Committee. No. 15: Moved by Councillor Heidy Van Dyk Seconded by Councillor James Oliver THAT Staff Report H.S , Affordable Housing Program - Recommended Proposals from Expression of Interest be received as information; AND FURTHER THAT Council recommend that the Province of Ontario fund the following three (3) proposals under the Affordable Housing Program (as outlined in Table 2) subject to each proposal receiving the necessary municipal building permits and approvals within the specified time frames: (i) (ii) (iii) Bazilli/Schleifer (12 units in 2 locations 6 units each) (110 Market Street, Port Dover and 8-14 Alice Street, Waterford) Haskett Holdings Inc. (10 units at Norfolk Street, Simcoe) Haskett Holdings Inc. (5 units at Norfolk Street, Simcoe); AND FURTHER THAT Council approve a Municipal Housing Facilities By-Law (as attached); AND FURTHER THAT Norfolk County Council agree to provide annual offsetting grants for the property tax difference between the multiresidential rate and the single family residential rate on the ten (10) unit Affordable Housing proposal for Haskett Holdings Inc. at Norfolk Street, Simcoe, AND FURTHER THAT Council authorize staff to call another Expression of Interest (EOI) to encourage the building of more affordable housing specifically in Haldimand County in order to help utilize the full allocation of Provincial funds;

9 Tuesday, May 22, 2007 Page 9 of STAFF REPORTS (Cont d) A) Staff Report H.S Affordable Housing Program - Recommended Proposals From Expression of Interest - BUDGET AMENDMENT (Cont d) No. 15: (Cont d) AND FURTHER THAT Council authorize the Mayor, Clerk and County staff to work with proponents and Provincial officials to execute the necessary administrative agreements to allow the recommended projects to move forward. B) Staff Report C.R.S Certification of Titles - Hindley Property, Port Rowan BUDGET AMENDMENT Manager, Corporate Support Services, Fran Bell, explained the report and answered questions of Committee. No. 16: Seconded by Councillor James Oliver THAT Staff Report C.R.S , Certification of Titles - Hindley Property, Port Rowan be received as information; AND FURTHER THAT the payment of $39, to secure the property described in the report be approved; AND FURTHER THAT the said payment be prepared as directed by our solicitors; AND FURTHER THAT a capital project called The Port Rowan Property Program be created; AND FURTHER THAT the capital project be funded from contingency funds. 7. REPORTS OF COUNCIL MEMBERS A) Councillor Geysens advised Council of a meeting of the Irrigation Advisory Committee (IAC) and indicated they will be coming back to Council with their plan.

10 Tuesday, May 22, 2007 Page 10 of BY-LAWS By-Law 3-OP-2007 being a By-Law to Adopt Amendment No. 22 to the City of Nanticoke Official Plan in Respect of Lands Described as Part of Lot 3, Concession 1, in the Geographic Township of Woodhouse (Norfolk County), in the Name of David Ryerse. By-Law 4-OP-2007 being a By-Law to Adopt Amendment No. 6 to the Norfolk County Official Plan in Respect of Lands Described as Part of Lot 3, Concession 1, in the Geographic Township of Woodhouse (Norfolk County), in the Name of David Ryerse. By-Law 23-Z-2007 being a By-Law to Amend Zoning By-Law , as Amended, of the Former Town of Simcoe for Property Described as Part Lot 3, Concession 6, Geographic Township of Woodhouse, (Simcoe), Norfolk County, in the Name of Wal-Mart Canada Corp. By-Law 24-Z-2007 being a By-Law to Authorize the Temporary Use of Certain Lands, Buildings and Structures for a Use Prohibited by Zoning By-Law 1-DE 80 as Amended, of the Township of Delhi for Property Described as Part Lot 12, Concession 11, Geographic Township of Windham, Norfolk County, in the Name of Dwight and Vera Ann Rabey. By-Law 25-Z-2007 being a By-Law to Amend Zoning By-Law , as Amended, of the Former Town of Simcoe for Property Described as Part of Lots 6 and 8, Block 31, Plan 182 (Simcoe), Norfolk County in the Name of Dan Nagy. By-Law 26-Z-2007 being a By-Law to Amend Zoning By-Law , as Amended, of the Former Town of Simcoe for Property Described as Part of Lot 3, Concession 14 (Windham, Simcoe), Norfolk County in the Name of Dan Nagy. By-Law 27-Z-2007 being a By-Law to Amend Zoning By-Law 1-DE 80 as Amended, of the Former Township of Delhi for Property Described as Block 4, Lot 9, Plan 32B, St.Williams, Norfolk County, in the Name of Grand Erie District School Board. By-Law 28-Z-2007 being a By-Law to Amend Zoning By-Law 1-NO 85 as Amended, of the Former Township of Norfolk for Property Described as Part Block 2, Plan 16B, Port Rowan, Norfolk County, in the Name of R & N Myers.

11 Tuesday, May 22, 2007 Page 11 of BY-LAWS (Cont d) By-Law 30-Z-2007 being a By-Law to Amend Zoning By-Law NW , as Amended, of the City of Nanticoke for Property Described as Part of Lot 3, Concession 1, in the Geographic Township of Woodhouse (Norfolk County) in the Name of David Ryerse. By-Law 7-SP-2007 being a By-Law to Designate a Certain Area of Land Within Norfolk County as a Site Plan Control Area Affecting Block 4, Lot 9, Plan 32B, 67 Queen Street West, St. Williams, Norfolk County In the Name of Grand Erie District School Board. By-Law 8-SP-2007 being a By-Law to Designate a Certain Area of Land Within Norfolk County as a Site Plan Control Area Affecting Part Block 2, Plan 16B, 153 Front Road, Port Rowan, Norfolk County, in the Name of R & N Myers. By-Law 9-SP-2007 being a By-Law to Designate a Certain Area of Land Within Norfolk County as a Site Plan Control Area Affecting Property Described as Part of Lot 3, Concession 1, in the Geographic Township of Woodhouse (Norfolk County) in the Name of David Ryerse. By-Law being a By-Law to Provide for a Drainage Report Pertaining to a New Maintenance Assessment Schedule in The Corporation of Norfolk County for the Swamp Road Drain. (3rd & Final Reading) By-Law being a By-Law to Authorize the Execution of a Contract with the Firm of A-1 Asphalt Maintenance Ltd. of Burlington, Ontario, for Highway Crack Sealing. (Contract PW-R ) By-Law being a By-Law to Amend By-Law , as Amended, a By-Law to Regulate Parking in Norfolk County. (Schedule 'B', Section Prohibited Parking - Robinson St., Simcoe) By-Law being a By-Law to Authorize the Execution of a Contract with the Firm of Robert M. Simon Construction Ltd. for the Reconstruction of the 14th Street and Norfolk Street Intersection, Simcoe. (PD ) By-Law being a By-Law to Authorize the Execution of a Preservicing and Subdivision Agreement Between The Corporation of Norfolk County, Norfolk Power Distribution Inc. and Ontario Inc. By-Law being a By-Law to Provide for the Temporary Closure of Wilson Drive Between Norfolk Street and Hendry Street in Simcoe. (Easter Seals Help The Kids Run).

12 Tuesday, May 22, 2007 Page 12 of BY-LAWS (Cont d) By-Law being a By-Law to Authorize the Execution of a Contract with Aquamarine of Oakville, Ontario for the Purchase of a Seaweed Harvester, Trailer and Shoreline Conveyor for the Port Dover Harbour Marina. By-Law being a By-Law to Authorize the Execution of a Contract with the Firm of Neil Montague Construction Ltd. for the Replacement of the Nanticoke Creek Culverts. (Contract PW-E ) By-Law being a By-Law Respecting the Appointment of Certain Persons to Boards, Commissions and Committees of The Corporation of Norfolk County. No. 17: Moved by Councillor Heidy Van Dyk Seconded by Councillor James Oliver THAT By-Law Nos. 3-OP-2007, 4-OP-2007, 23-Z-2007 to 28-Z-2007 inclusive, 30-Z-2007, 7-SP-2007 to 9-SP-2007 inclusive, and to inclusive be introduced and taken as read a first time. No. 18: Moved by Councillor James Oliver Seconded by Councillor Heidy Van Dyk THAT By-Law Nos. 3-OP-2007, 4-OP-2007, 23-Z-2007 to 28-Z-2007 inclusive, 30-Z-2007, 7-SP-2007 to 9-SP-2007 inclusive, and to inclusive be taken as read a second time. No. 19: Moved by Councillor Heidy Van Dyk Seconded by Councillor James Oliver THAT By-Law Nos. 3-OP-2007, 4-OP-2007, 23-Z-2007 to 28-Z-2007 inclusive, 30-Z-2007, 7-SP-2007 to 9-SP-2007 inclusive, , and to inclusive be taken as read a third time, be finally passed and signed by the Mayor and Clerk and sealed with the Corporate Seal.

13 Tuesday, May 22, 2007 Page 13 of MOTIONS A) Staff Report C.M Notice of Motion Re: Nuclear Power No. 20: Moved by Councillor James Oliver THAT Staff Report C.M , regarding Notice of Motion re: Nuclear Power and accompanying resolution be deferred to the Council Meeting of June 12 th, NOTICES OF MOTION 11. OTHER BUSINESS A) General Manager Kandy Webb reminded Council of the Health & Safety Tour on June 1st and asked that members contact either Kay Godden or herself if they wish to attend. B) Councillor Oliver advised of attendance at a meeting last Thursday of the Long Point Biosphere Reserve Foundation at the Backus Mill in Port Rowan. C) Councillor Van Dyk advised that residents on Lynndale Road have been receiving notes attached to their Blue Boxes advising them that they must have their recycling out by 7:00 a.m. General Manager D Hondt advised that the Recycling firm does alter the pick-up schedule and for this reason a 7:00 a.m. pick-up time is in place. D) Councillor Geysens raised concern with respect to streetlights in Langton. General Manager D Hondt advised that he will look into this matter. 12. QUESTION PERIOD

14 Tuesday, May 22, 2007 Page 14 of CLOSED "IN-CAMERA" SESSION A) Labour relations or employee negotiations. No. 21: Moved by Councillor John Wells Seconded by Councillor John Hunt THAT pursuant to Section 239(2) and (3.1) of the Municipal Act 2001, S. O. 2001, C.25 as amended, we convene at 9:20 p.m. in a meeting, closed to the public to discuss labour relations or employee negotiations. No. 22: Moved by Councillor John Wells Seconded by Councillor John Hunt THAT we do now adjourn at 9:35 p.m. this closed meeting and reconvene in Open Session. 14. CONFIRMING BY-LAW By-Law being a By-Law to confirm the proceedings of the Council of Norfolk County at this Council Meeting held on the 22nd day of May, No. 23: Moved by Councillor James Oliver Seconded by Councillor Heidy Van Dyk THAT By-Law No be introduced and taken as read a first time. No. 24: Moved by Councillor Heidy Van Dyk Seconded by Councillor James Oliver THAT By-Law No be taken as read a second time.

15 Tuesday, May 22, 2007 Page 15 of CONFIRMING BY-LAW (Cont d) No. 25: Moved by Councillor Jim Oliver Seconded by Councillor Heidy Van Dyk THAT By-Law No be taken as read a third time, be finally passed and signed by the Mayor and Clerk and sealed with the Corporate Seal. 15. ADJOURNMENT: 9:36 p.m. Mayor Clerk/Manager of Council Services