August 25th - Special Council Minutes - The Township of Uxbridge

MINUTES OF THE SPECIAL MEETING OF COUNCILMONDAY, AUGUST 25 TH , 2008COUNCIL CHAMBERSUXBRIDGE, ONTARIOPRESENT: DEPUTY MAYOR HOWIE HERREMACOUNCILLORSJACK BALLINGERTED ENGGORD HIGHETPAT MIKUSEBEV NORTHEASTABSENT: MAYOR BOB SHEPHERD(AMO Conference)CAOINGRID SVELNIS(AMO Conference)STAFF PRESENT: TREASURERAL SHULTZCLERKDEBBIE LEROUXDIRECTOR OF PUBLICWORKSBEN KESTERMANAGER OF DEVELOPMENTSERVICESRICH VANDEZANDECHIEF BUILDING OFFICIAL BRIAN PIGOZZOSTUDENT PLANNERSTUART DAVIDCLERKS’ ASSISTANT LAURA RUPPRECHTThe Special Meeting of the Council of The Corporation of the Township ofUxbridge was called to order by Deputy Mayor Herrema at 9:30 a.m.I. DISCLOSURES OF PECUNIARY INTEREST AND THE GENERALNATURE THEREOF.There were none.II.ANNOUNCEMENTSa) Councillor Mikuse provided an update on the events at the CNE respecting the“100 Years of Anne” celebration advising that to date it has been very successful.Councillor Mikuse publicly thanked Jim McMillan, president of the CNE, for hisassistance.b) Deputy Mayor Herrema reminded Council of the Durham Region Plowing Matchtaking place on August 29, 2008 at the Roger Feasby Farm on Concession 5.c) Councillor Ballinger provided a brief update on the Ribfest which took place inJuly 2008. Councillor Ballinger advised that a complete analysis of the event’ssuccess will be available shortly and that the Legion intends to hold anotherRibfest next year which will include a car and motorcycle show.d) Deputy Mayor Herrema called on senior staff to introduce their new staff toCouncil.Al Shultz, Treasurer, introduced Sheree Wood as the new Tax Collector andDonna Condon as Capital Asset Project ManagerDerrick Andersen, By-law Enforcement Supervisor, introduced Andre Gratton asthe new By-law Enforcement Officer

SPECIAL COUNCIL 2 AUGUST 25 TH , 2008Fire Chief Scott Richardson introduced Matt Alexander as the Fire Department’snewly-appointed full-time firefighter.e) Councillor Ballinger reminded Council of the Downtown Revitalization “PrimerEvening” taking place on Tuesday, September 9, 2008 at 7:00 p.m. CouncillorBallinger advised that James Stiver of Orangeville will be in attendance and thatthe meeting will be open to the public.III.DELEGATIONSa) DR. BARBARA FRACKOZIAK re Zoning Amendment at 120 Toronto StreetSouthDr. Frackoziak was not in attendance.b) BILL TALBOT & IAN WISDOM re New Fill By-lawIan Wisdom introduced himself as Bill Talbot’s General Manager and advisedthat both he and Mr. Talbot were in attendance to provide an outline of Mr.Talbot’s plans for filling a portion of Lot 20, Concession 2, Uxbridge. Mr.Wisdom explained that the pit at this location has been nearly completely minedout with only one viable section remaining. Mr. Wisdom advised that it was Mr.Talbot’s intention to convert approximately one third of the land at this pit fromits current use as an aggregate pit to a horse farm and homestead for himself andhis family. Mr. Wisdom suggested that Council look to neighbouringmunicipalities such as Whitchurch-Stouffville and Scugog when preparing theTownship’s Fill By-law. Mr. Wisdom continued by providing a list of benefitsthis concept would bring to the Township including revenue for the Township,job creation, and the elimination of roadside dumping. Mr. Wisdom concluded byencouraging Council to prepare a realistic fill by-law in a timely manner.c) CORRADO & CONNIE BARTOLO, TONY MASANSONG, P. ENG. ANDDAN & SYLVIA BARKEY re Fill Permit Application at 1389 Brock RoadCorrado & Connie Bartolo, Tony Masansong and Dan & Sylvia Barkey were notin attendance.IV.CORRESPONDENCE212 Ministry of Agriculture, Food and Rural Affairs re Proposed Amendments to theGeneral Nutrient Management RegulationMOVED by Councillor Eng, SECONDED by Councillor Mikuse“THAT Correspondence Item No. 212 be received for information;AND THAT a copy of same be referred to staff for a report in order todetermine the impact of the proposed Regulation.”CARRIED213 Drinking Water Source Protection re Draft Proposed Terms of Reference in theCTC Source Protection Region214 Drinking Water Source Protection re Proposed Draft 2, Terms of Reference forDevelopment of the Assessment Report & Source Protection Plan – SevernSound, Nottawasaga Valley and Lakes Simcoe and Couchiching-Black RiverSource Protection Areas

SPECIAL COUNCIL 3 AUGUST 25 TH , 2008MOVED by Councillor Ballinger, SECONDED by Councillor Eng“THAT Correspondence Item Nos. 213 and 214 be received forinformation;AND THAT a notice be placed in the Township page and on theTownship web site advertising the public meeting on the Central LakeOntario Source Protection Area at 6:00 p.m. on September 10, 2008 atRegion of Durham Headquarters.”CARRIED215 Bev Leslie, Business Improvement Area re Removal of snow from the sidewalksalong Toronto Street SouthMOVED by Councillor Highet, SECONDED by Councillor Mikuse“THAT Correspondence Item No. 215 be received for information;AND THAT a copy of same be forwarded to staff for a report on proposedalternatives for snow clearing.”CARRIED216 Rich DuBeau re Request for a six-month building permit and performance bondextension for 9221 Concession 2, UxbridgeMOVED by Councillor Eng, SECONDED by Councillor Northeast“THAT the Council of the Township of Uxbridge support Rich DuBeau’srequest for a six-month building permit and performance bond extensionfor 9221 Concession 2, Uxbridge.”CARRIED217 Eric Jylha, Uxbridge Major Peewee AE Stars re Request for support of an outdoormovie night at Elgin ParkMOVED by Councillor Northeast, SECONDED by Councillor Highet“THAT the Council of the Township of Uxbridge support the UxbridgeMajor Peewee AE Stars’ request to use Elgin Park for an outdoor movienight at Elgin Park on September 19, 2008.”CARRIED218 Big Brothers, Big Sisters of North Durham Region re Request for Use of BandShell in Elgin Park on Saturday, September 27, 2008MOVED by Councillor Eng, SECONDED by Councillor Ballinger“THAT the Council of the Township of Uxbridge support the request ofthe Big Brothers, Big Sisters of North Durham Region to use the BandShell in Elgin Park on Saturday, September 27, 2008 at no cost;CARRIED219 William P. Wilder re Objection to proposed uses for former Kwak property onBrock RoadMOVED by Councillor Northeast, SECONDED by Councillor Highet“THAT Correspondence Item No. 219 be received for information;AND THAT a copy of same be forwarded to the Fill Committee forconsideration.”CARRIED

SPECIAL COUNCIL 5 AUGUST 25 TH , 2008Services re Committee of Adjustment Application No. A30/2008, 177Toronto Street South, Ashgrove Estates, that, prior to the Committeedeeming the variances minor in nature and appropriate for thedevelopment of the lands they should be satisfied that the applicationmeets Township objectives. Appropriate considerations should include:iiiiiiThe Committee consider any comments of the neighbours andagencies as the Township has not had the benefit of such input.The requirements of the Lake Simcoe Region Authority withrespect to obtaining a permit prior to any site alteration ordevelopment on these lands.Should favorable comments be submitted from the RegionalWorks Department relating to the reduction in the front yard depth,the approval of the reduction be restricted to Unit 9 as identified onthe sketch submitted with the application.”CARRIEDc) Report DS 57/08 of Richard Vandezande, Manager of Development Services reChoko Motor Sports Site Plan Development, Lot 15, Plan 40M-1679, 19Anderson BoulevardMOVED by Councillor Mikuse, SECONDED by Councillor Ballinger“THAT the Council of the Township of Uxbridge endorse therecommendation in Report DS 57/2008 of Richard Vandezande, Managerof Development Services that Report DS 57/2008 be received forinformation;AND THAT the nitrate dilution capacity for the municipally owned landsknown as Block 33, Plan 40M-1679 in Phase 1, Uxbridge Industrial Parkused for storm water retention are assigned to Lot 15, Pan 40M-1679, toaugment the maximum design daily sewage flow in support of applicationSPD 2008-04 – Choko Motorsports only and that appropriate wordingindicating this approval be included in the site plan agreement with ChokoMotorsports and that the Regional Health Unit be so advised.”CARRIEDd) Report DS 58/08 of Micheal Klose, Building Inspector re Gallo Commercial RBCBank Signage, 307 Toronto Street SouthMOVED by Councillor Highet, SECONDED by Councillor Ballinger“THAT the Council of the Township of Uxbridge accept therecommendation in Report DS 58/08 of Michael Klose, Building Inspectorthat the RBC Bank be permitted to erect 4 signs as applied for providingthat the two signs that are visable from Toronto Street will be lit byexternal means only if required.”CARRIEDe) Report DS 59/08 of Michael Klose, Building Inspector re Shoppers Drug MartSigns, Toronto Street SouthMOVED by Councillor Highet, SECONDED by Councillor Ballinger“THAT the Council of the Township of Uxbridge accept therecommendation in Report DS 59/08 of Michael Klose, Building Inspectorthat Shoppers Drug Mart shall be permitted to erect 7 signs on theNortheast and Northwest building elevations.”CARRIED

SPECIAL COUNCIL 6 AUGUST 25 TH , 2008f) Report DS 60/08 of Stuart David, Student Planner re LEED/Energy StarBackground InformationMOVED by Councillor Ballinger, SECONDED by Councillor Eng“THAT the Council of the Township of Uxbridge receive Report DS60/08 of Stuart David, Student Planner re LEED/Energy Star BackgroundInformation for information;AND THAT a copy of same be forwarded to the Energy AdvisoryCommittee for consideration.”CARRIEDMOVED by Councillor Northeast, SECONDED by Councillor Eng“THAT that the Council of the Township direct staff to investigate thepossibility of future buildings/additions being built to LEED/Energy Starstandards on a case by case basis.”CARRIEDg) Report DS 61/08 of Stuart David, Student Planner re Accessory Residential UnitCreation in Hamlet AreasMOVED by Councillor Northeast, SECONDED by Councillor Highet“THAT the Council of the Township of Uxbridge accept therecommendation in Report DS 60/08 of Stuart David, Student Planner, asamended, that Report DS 60/08 be received for information;AND THAT Council consider amending the Official Plan and/or ZoningBy-law for the Township of Uxbridge to allow for the creation ofaccessory residential units in Hamlets;AND THAT staff be directed to come back with a report on theimplementation of such a proposal.”CARRIEDh) Report PW 58/08 of Ben Kester, Director of Public Works re Request for SpeedLimit Reduction – Wagg Road between Concession 3 & 4MOVED by Councillor Eng, SECONDED by Councillor Mikuse“THAT the Council of the Township of Uxbridge accept therecommendation in Report PW 58/08 of Ben Kester, Director of PublicWorks that the speed limit on Wagg Road between Concession 3 & 4remain at 80 km/hr;AND THAT the Director of Public Works contact Durham RegionalPolice and request some enforcement;AND THAT a copy of this report be sent to the resident requesting thespeed limit reduction.”CARRIEDi) Report PW 59/08 of Ben Kester, Director of Public Works re Request for SpeedLimit Reduction – Second Avenue South of Dominion StreetMOVED by Councillor Highet, SECONDED by Councillor Mikuse“THAT the Council of the Township of Uxbridge receive Report PW59/08 of Ben Kester, Director of Public Works re Request for Speed LimitReduction – Second Avenue South of Dominion Street for informationand referred back to the Director of Public Works to investigate thepossibility of making the intersection of Dominion Street and SecondAvenue a four-way stop.”CARRIED

SPECIAL COUNCIL 7 AUGUST 25 TH , 2008j) Report PW 60/08 of Ben Kester, Director of Public Works re South Townlinebetween Concession 6 and Brock Road (Regional Road 1)MOVED by Councillor Northeast, SECONDED by Councillor Mikuse“THAT the Council of the Township of Uxbridge accept therecommendation in Report PW 60/08 of Ben Kester, Director of PublicWorks that the Clerk’s Department prepare a by-law that reduces thespeed limit from 80 km/hr to 50 km/hr on the South Townline betweenConcession 6 and Brock Road.”CARRIEDk) Report PW 62/08 of Ben Kester, Director of Public Works re StormwaterManagement Committee Lake Simcoe Clean Up FundMOVED by Councillor Highet, SECONDED by Councillor Eng“THAT the Council of the Township of Uxbridge accept therecommendation in Report PW 62/08 of Ben Kester, Director of PublicWorks that the Lake Simcoe Region Conservation Authority (LSRCA)submit test results to Uxbridge Stormwater Management Committee withan executive summary of their interpretation of the results;AND THAT a meeting be requested with LSRCA to explain the LakeSimcoe Clean Up Fund and what type of projects the Township shouldapply for;AND THAT Council support applying for a project grant from LakeSimcoe Clean Up Fund provided Council agrees to the project prior toapplying for the funds.”CARRIEDMOVED by Councillor Ballinger, SECONDED by Councillor Northeast“THAT the Council of the Township of Uxbridge direct staff toinvestigate the status of Elgin Pond including any evidence ofphosphorous;AND THAT staff investigate the availability of funds for the clean up ofElgin Pond;AND THAT staff organize a meeting with Lake Simcoe RegionConservation Authority and Totten Sims Hubicki to discuss the conditionof Elgin PondAND THAT information concerning previous attempts to clean up ElginPond be provided to Council prior to the meeting.”CARRIEDm) Report CL-010/08 of Debbie Leroux, Clerk re Nicholson Drive – Parts 15, 16, 17and 18, Plan 733MOVED by Councillor Mikuse, SECONDED by Councillor Highet“THAT the Council of the Township of Uxbridge accept therecommendation in Report CL-010/08 of Debbie Leroux, Clerk thatReport CL-010/08 be received for information;AND THAT staff be directed to make contact with the adjacent propertyowners who expressed an interest in the properties to determine if there isstill interest;AND THAT a resolution be adopted by Council declaring the landssurplus to the needs of the Municipality.”CARRIED

SPECIAL COUNCIL 8 AUGUST 25 TH , 2008n) Report 12/08 of Ingrid Svelnis, CAO re ORC Class EA Process – Kennedy HouseMOVED by Councillor Ballinger, SECONDED by Councillor Mikuse“THAT the Council of the Township of Uxbridge accept therecommendation in Report 12/08 of Ingrid Svelnis, CAO that Councilapprove the recommendation of the CAO that the letter to the OntarioRealty Corporation (ORC) and the Ministry of Culture be signed by theClerk of the Township of Uxbridge and sent to ORC to complete the ClassEA process.”CARRIEDVI.BY-LAWSBy-laws Requiring Three ReadingsMOVED by Councillor Northeast, SECONDED by Councillor Ballinger“THAT leave be granted to introduce By-law Nos. 2008-105 to 2008-117and the same be read a first and second time.”CARRIED2008-105 Being a By-law to execute a Part Lot Control Exemption for AllianceButternut Inc., with regard to Block 24 on Plan 40M-2308, nowdesignated as Plan 40R-25528, Parts 1 through 7, in the Township ofUxbridge. (Alliance Butternut Homes Residential Development, BrockStreet West)2008-106 Being a By-law to amend Zoning By-law No. 81-19 with respect to certainlands located in Part of the East Half of Lot 28, Concession 6 to removethe Holding (H) Symbol (Ashgrove Estates Inc.).2008-107 Being a By-law to amend Zoning By-law No. 81-19 with respect to certainlands located in Part of Lot 17, Concession 2 (Goodwood), to remove theHolding (H) Symbol (Far Sight Investments Limited).2008-108 Being a By-law to govern the proceedings of the Municipal Council of theTownship of Uxbridge and of its Committees, and the conduct of itsMembers; and to repeal By-law No. 95-039, as amended.2008-109 Being a By-law to establish a policy with respect to the sale and otherdisposition of municipal lands.2008-110 Being a By-law to authorize entering into a Funding Agreement with HerMajesty the Queen in Right of Ontario as represented by the Minister ofEnergy and Infrastructure for the commission of an energy audit of thePublic Library, 9 Toronto Street South.2008-111 Being a By-law to authorize the completion of a Letter of Agreement withthe Ontario Trillium Foundation for renovations and equipment purchasesfor the Uxbridge Public Library.2008-112 Being a By-law to authorize entering into an Agreement with MichaelTaylor and Le Luu, operating as 1680977 Ontario Limited, for theoperation of the Township of Uxbridge Arena Concession Stand.2008-113 Being a by-law to authorize entering into a Site Plan Agreement withUxbridge Heights Plaza Ltd. with respect to lands described as Part of Lot27, Concession 6, Part 3 on Reference Plan 40R-9713 and to repeal BylawNo. 2008-081, being a by-law to authorize entering into a Site PlanAgreement with Uxbridge Heights Development Ltd.

SPECIAL COUNCIL 9 AUGUST 25 TH , 20082008-114 Being a By-law to appoint Sheree Wood as Tax Collector for theTownship of Uxbridge.2008-115 Being a By-law to authorize the conveyance of a portion of Block 15 onPlan 40M-1330, being a narrow boulevard strip on the south side ofLormick Drive, from the Township to Joyce Brown, 294 Main StreetNorth.2008-116 Being a By-law to appoint Andre Gratton as a By-law EnforcementOfficer for the Township of Uxbridge.2008-117 Being a by-law to amend By-law No. 2008-093, being a by-law toauthorize the acquisition of lands forming Part of Lot 20, Concession 6,Geographic Township of Scott, for road widening purposes that wouldbring the Leaskdale Road Right-of- Way, in part, to a uniform width ofsixty-six (66) feet and to grant a right-of-way over the lands to thetransferor until such time as the lands are dedicated as Public Highway.(The amendment corrects the legal description to include Part 4 on Plan40R-25494 in addition to Part 3 on that Plan.MOVED by Councillor Northeast, SECONDED by Councillor Ballinger“THAT By-law No. 2008-105 to 2008-117 be now read a third time,finally passed and the Mayor and the Clerk duly sign and seal same.”CARRIEDVII.UNFINISHED BUSINESSThere was none.VIII. OTHER BUSINESSa) Councillor Mikuse advised that Heritage Uxbridge has selected the heritagebuildings whose image will appear on the windows facing Toronto Street on thenew Shopper’s Drug Mart.b) Councillor Ballinger advised that he and Councillor Eng are working on theconcept of holding the Township of Uxbridge’s 1 st annual Halloween parade indowntown Uxbridge for Friday, October 31 st , 2008.c) MOVED by Councillor Northeast, SECONDED by Councillor Eng“THAT the Council of the Township of Uxbridge agree to reopendiscussion on By-law 2008-108, being a by-law to govern the proceedingsof the Municipal Council of the Township of Uxbridge and itsCommittees.”CARRIEDMOVED by Councillor Northeast, SECONDED by Councillor Eng“THAT all electronic devices be turned off upon entering into CouncilChambers.”DEFEATEDCouncil recessed at 11:35 a.m. and reconvened at 11:42 a.m.

SPECIAL COUNCIL 10 AUGUST 25 TH ,2008MOVED by Councillor Eng, SECONDED by Councillor Northeast“THAT Council of the Township of Uxbridge reconsider the motionrespecting Inaugural Meetings that was defeated during the July 21 st , 2008Special Council meeting.”DEFEATEDd) Richard Vandezande provided Council with a copy of the Committee ofAdjustment Decisions as well as comments from TRCA for Committee ofAdjustment Applications A29/2008 and A30/2008 as they relate to Reports DS55/2008 and DS 56/2008 discussed earlier under Reports to Council.e) MOVED by Councillor Eng, SECONDED by Councillor Mikuse“THAT the Council of the Township of Uxbridge go into ‘In-Camera’ asthe matters to be discussed concern the receiving of advice that is subjectto solicitor-client privilege; including communications necessary for thatpurpose.”CARRIEDMOVED by Councillor Mikuse, SECONDED by Councillor Eng“THAT the Council of the Township of Uxbridge rise from ‘In-Camera’with nothing to report.”CARRIEDThe Council of the Township of Uxbridge went ‘In Camera’ at 12:05 p.m. and rosefrom ‘In Camera’ at 12:06 p.m.IX.CONFIRMING BY-LAWBY-LAW NO. 2008-118MOVED by Councillor Northeast, SECONDED by Councillor Ballinger“THAT leave be granted to introduce By-law No. 2008-118 being a bylawto confirm the proceedings of Council at its Special Meeting ofAugust 25 th , 2008 and the same be read a first and second time.”CARRIEDMOVED by Councillor Ballinger, SECONDED by Councillor Ballinger“THAT By-law No. 2008-118 be now read a third time, finally passedand the Mayor and Clerk duly sign and seal same.”CARRIEDADJOURNMENTThe Deputy Mayor adjourned the meeting at approximately 12:10 p.m.____________________________DEPUTY MAYOR____________________________CLERK