January 10th - Council Minutes - The Township of Uxbridge

COUNCIL 4JANUARY 10 TH , 2011NO. 1f) ANN ENRIGHT re Proposed extension of her property at 47 Joseph Streetinto Elgin ParkAnn Enright introduced herself as a resident living at 47 Joseph Street since2003. Ms. Enright explained that a number of issues have arisen sincemoving in which include privacy and safety. Ms. Enright explained that herproperty abuts a public walkway and has little to no landscaping along herproperty line which abuts Elgin Park. She advised that her backyard is verysmall as the builder constructed her house too far back on the lot and thefence was erected 8 to 12 inches inside the property line and this does notallow her much privacy and therefore requested permission to extend herproperty approximately 10 feet into Elgin Park. Council explained that theyare not prepared to sell any park land but that they would assist Ms. Enright bylooking at other ways to alleviate her privacy issues.MOVED by Councillor Highet, SECONDED by Councillor Ballinger“THAT the Council of the Township of Uxbridge direct that WardCouncillor Jacob Mantle and staff meet with Ann Enright to discusspossible solutions to help alleviate her privacy issues at 47 JosephStreet.”CARRIEDCouncil recessed at 11:25 a.m. and reconvened at 11:40IV.APPROVAL OF MINUTESMOVED by Councillor Mikuse, SECONDED by Councillor Ballinger“THAT the minutes of the Regular Council Meeting of December 13 th ,2010 be adopted.”CARRIEDV. CORRESPONDENCE1 Canada Ontario Infrastructure re Deadline extension for completion of stimulusprojects funded under the Infrastructure Stimulus Fund from March 31, 2011 toOctober 31, 2012 Ministry of Infrastructure, Ontario Growth Secretariat, re Notice to comment onthe Proposed Amendment to the Growth Plan for Greater Golden Horseshoe,20063 Region of Durham re Appointment to Regional Land Division4 Region of Durham re Appointments to the Central Lake Ontario ConservationAuthority5 Region of Durham re Appointments to Lake Simcoe Region ConservationAuthority6 Region of Durham re Appointments to the Toronto and Region ConservationAuthority7 Region of Durham re Results of the Question on the Ballot regarding theDirect Election of the Regional Chair8 Region of Durham re Timetable for approval of the 2011 Regional BusinessPlans, detailed Budgets and Public Notification Provisions Region of Durhamre Provincial Policy Statement Review, 20108ARegion of Durham re Provincial Policy Statement Review

COUNCIL 5JANUARY 10 TH , 2011NO. 19 Region of Durham re Update on Source Water Protection Activities10 Ontario Power Generation re Update on the Darlington new Nuclear Project –Environmental AssessmentMOVED by Councillor Highet, SECONDED by Councillor Mantle“THAT Correspondence Item Nos. 1 to 10 inclusive be received forinformation.”CARRIED11 Ministry of the Environment re Notice of Approval of Amendments to the LakeSimcoe Protection PlanMOVED by Councillor Mikuse, SECONDED by Councillor Highet“THAT Correspondence Item No. 11 be received for information.”CARRIED12 Region of Durham re Artisian Well (Chalk Lake Spring) – Lake Ridge RoadMOVED by Councillor Ballinger, SECONDED by Councillor Highet“THAT Correspondence Item No. 12 be received for information.”CARRIED13 Region of Durham re Membership selection for the Durham AgriculturalAdvisory CommitteeMOVED by Councillor Mikuse, SECONDED by Councillor Mantle“THAT the Council of the Township of Uxbridge nominate Rob Cox asthe Township of Uxbridge’s representative on the Durham AgriculturalAdvisory Committee (DAAC) for the 2010-2014 Term of Council;AND THAT a letter of thanks be sent to Keith Kennedy for his work onDAAC.”CARRIED14 Region of Durham re Nomination for the Township of Uxbridge Representativeon the Durham Environmental Advisory CommitteeMOVED by Councillor Ballinger, SECONDED by Councillor Mikuse“THAT the Council of the Township of Uxbridge direct that IngridSvelnis, CAO contact Gwen Layton about becoming the Township ofUxbridge’s representative on the Durham Environmental AdvisoryCommittee (DEAC);AND THAT if she is in agreement that she be appointed to the DurhamEnvironmental Advisory Committee.”CARRIED15 Region of Durham re Energy from Waste Advisory CommitteeMOVED by Councillor Ballinger, SECONDED by Councillor Mikuse“THAT the Council of the Township of Uxbridge appoint CouncillorJacob Mantle and Ben Kester, Director of Public Works to sit on theRegion of Durham’s Energy from Waste Advisory Committee.”CARRIED

COUNCIL 6JANUARY 10 TH , 2011NO. 116 Region of Durham re 2011 Interim Regional Property Tax LevyMOVED by Councillor Mikuse, SECONDED by Councillor Ballinger“THAT Correspondence Item No. 16 be received for information.”CARRIED17 Region of Durham re Regional Official Plan Amendment No. 128, MinistersDecisionMOVED by Councillor Highet, SECONDED by Councillor Ballinger“THAT Correspondence Item No. 17 be received for information.”CARRIED18 Township of Brock re Community Adjustment Funding through the FederalEconomic Development Agency for Southern OntarioMOVED by Councillor Mantle, SECONDED by Councillor Mikuse“THAT Correspondence Item No. 18 be received for information.”CARRIED19 Municipality of Clarington re Highway 407 East ExtensionMOVED by Councillor Mantle, SECONDED by Councillor Molloy“THAT the Council of the Township of Uxbridge support the Municipalityof Clarington’s resolution that the Province of Ontario commit toconstruct the Highway 407 East extension to Highway 35/115, togetherwith both Durham Links and all the Oshawa interchanges as part of theopening day scenario.”CARRIED20 Bev Leslie, Chair, Business Improvement Area re Resignation of Tobin Taylorfrom the Board of Management for the Uxbridge Business Improvement AreaMOVED by Councillor Mikuse, SECONDED by Councillor Mantle“THAT Correspondence Item No. 20 be received for information;AND THAT a letter of thanks be sent to Tobin Taylor for his service inthe BIA.”CARRIED21 Bev Leslie, Chair, Business Improvement Area re Tourist Information Sign –Toronto Street and Brock StreetMOVED by Councillor Mikuse, SECONDED by Councillor Ballinger“THAT the Council of the Township of Uxbridge direct that the touristinformation sign at Toronto and Brock Street be removed;AND THAT any further requests for appropriate signage related tobusinesses be sent to the Tourism Advisory Committee.”CARRIED

COUNCIL 7JANUARY 10 TH , 2011NO. 122 Uxbridge & District Lions Club re 2011 Uxbridge & District Lions VoluntaryRoad TollMOVED by Councillor Ballinger, SECONDED by Councillor Molloy“THAT the Council of the Township of Uxbridge support the Uxbridge &District Lions Club’s request to hold the 2011 Voluntary Road Toll;AND THAT the Uxbridge & District Lions Club be responsible fornotifying all necessary emergency services of such event.”CARRIED23 Uxbridge Cottage Hospital Auxiliary re request for support from the Townshipof Uxbridge CouncilMOVED by Councillor Northeast, SECONDED by Councillor Highet“THAT the Council of the Township of Uxbridge support the UxbridgeCottage Hospital Auxiliary by posting all Auxiliary events on theTownship Page and Website if space is available.”CARRIED24 J.J. MacQuarrie, Proposed Goodwood Zoning By-law AmendmentMOVED by Councillor Northeast, SECONDED by Councillor Mikuse“THAT Correspondence Item No. 24 be received for information.”CARRIED25 Karl Marot re Request for return of Performance Bond, Entrance Permit andCompliance Bond pertaining to the construction of a single family dwelling onPart Lot 30, Concession 3.MOVED by Councillor Molloy, SECONDED by Councillor Mantle“THAT Correspondence Item No. 25 be received for information;AND THAT a letter be sent to Karl Marot advising of the Township’sposition.”CARRIED26 Maurizio Bertato, Liv Outdoor re Request to extend the site plan agreement at6050 Owen Road until November 2012MOVED by Councillor Ballinger, SECONDED by Councillor Northeast“THAT the Council of the Township of Uxbridge support MaurizioBertato’s request to extend the Site Plan Agreement at 6050 OwenRoad until November 2012.”CARRIED27 Michael Koens, re Concerns regarding Concession 6 road conditions28 David Taylor, re Concerns regarding Concession 7 road conditions29 Raymond Sultana, Concerns regarding Concession 7 road conditions30 Bob Henderson, Concerns regarding Concession 7 road conditions31 Michael Tucker, Concerns regarding Concession 7 road conditions

COUNCIL 8JANUARY 10 TH , 2011NO. 132 Brian and June Hingston, Concerns regarding Concession 7 road conditions33 Howard Barton, Concerns regarding Concession 7, road conditionsMOVED by Councillor Northeast, SECONDED by Councillor Molloy“THAT Correspondence Item Nos. 27 to 33 inclusive be received forinformation;AND THAT a copy of same be referred to the 2011 Budget.”CARRIEDVI.COMMITTEE REPORTSa) Report No. 26 of the Finance, Administration and Emergency ServicesCommittee Meeting dated December 13 th , 2010b) Report No. 27 of the Finance, Administration and Emergency ServicesCommittee Meeting dated December 16 th , 2010c) Report No. 28 of the Finance, Administration and Emergency ServicesCommittee Meeting dated December 20 th , 2010MOVED by Councillor Highet, SECONDED by Councillor Molloy“THAT Report Nos. 26 to 28 of the Finance, Administration andEmergency Services Committee be endorsed.”CARRIEDVII.REPORTS TO COUNCILa) Report No. DS 01/11 of Richard Vandezande, Manager of DevelopmentServices re Site Plan Development Fees for Temporary Uses.MOVED by Councillor Northeast, SECONDED by Councillor Molloy“THAT Council of the Township of Uxbridge support therecommendation in Report DS 01/11 of Richard Vandezande, Managerof Development Services that Report DS 01/11 be received forinformation;AND THAT Council amend the Fees By-law to establish the fee for siteplan applications implementing temporary use by-laws as $560.00 plusall external costs.”CARRIEDb) Report No. DS 02/11 of Richard Vandezande, Manager of DevelopmentServices re Minister’s Zoning Order – Revocation of Ontario Regulation634/77 and Amendments (Ontario Regulations 759/78 and 701/91)MOVED by Councillor Mikuse, SECONDED by Councillor Ballinger“THAT Council of the Township of Uxbridge support therecommendation in Report DS 02/11 of Richard Vandezande, Managerof Development Services that Report DS 02/11 be received forinformation;AND THAT Council direct staff to prepare a letter to the Ministry ofMunicipal Affairs & Housing indicating Council’s concurrence revocationof Ontario Regulation 634/77 and the amending Ontario Regulations759/78 and 701/91.”CARRIED

COUNCIL 9JANUARY 10 TH , 2011NO. 1c) Report No. DS 03/11 of Richard Vandezande, Manager of DevelopmentServices re Holding Symbol Removal InitiativesMOVED by Councillor Ballinger, SECONDED by Councillor Mantle“THAT Council of the Township of Uxbridge support therecommendation in Report No. DS 03/11 of Richard Vandezande,Manager of Development that Report DS 03/11 be received forinformation;AND THAT Council endorse the one time initiative to remove theholding (H) symbols from properties where the requirements for theremoval of the holding (H) symbol have been addressed;AND THAT Council consider the initiative to combine the holding (H)symbol fee with the initial zoning by-law amendment and temporary useby-law application fee during the fee review process in May/June 2011.”CARRIEDd) Report No. PW 01/11 of Ben Kester, Director of Public Works re Conversion ofGravel Roads to Paved or Surface Treated RoadsMOVED by Councillor Northeast, SECONDED by Councillor Highet“THAT the Council of the Township of Uxbridge support therecommendation in Report No. PW 01/11 of Ben Kester, Director ofPublic Works that Report No. PW 01/11 be received for information.”AND THAT a copy of same be referred to the 2011 Budgetdiscussions.”CARRIEDe) Report No. PW 02/11 of Ben Kester, Director of Public Works re PavementCondition Index - 2010MOVED by Councillor Northeast, SECONDED by Councillor Ballinger“THAT the Council of the Township of Uxbridge receive Report No. PW02/11 of Ben Kester, Director of Public Works re Conversion of GravelRoads to Paved or Surface Treated Roads for information.”CARRIEDf) Report No. CL-01/11 of Diana Stephen, Deputy Clerk re Post – 2010 ElectionAccessibility ReportMOVED by Councillor Northeast, SECONDED by Councillor Molloy“THAT the Council of the Township of Uxbridge support therecommendation in Report CL-01/11 of Diana Stephen, Deputy Clerkthat the Council for the Corporation of the Township of Uxbridge receiveReport No. CL-01/11 of Diana Stephen, Deputy Clerk re Post – 2010Election Accessibility Report for information.”CARRIEDVIII.BY-LAWSBy-laws Requiring Three ReadingsMOVED by Councillor Highet, SECONDED by Councillor Mantle“THAT the Council of the Township of Uxbridge table By-law No. 2011-006 until further fundraising can be carried out for the mural.”CARRIED

COUNCIL 10JANUARY 10 TH , 2011NO. 12011-006 Being a By-law to authorize entering into an Agreement with JamesGain for the production of a mural for the east wall of 54 Brock StreetWest.MOVED by Councillor Ballinger, SECONDED by Councillor Highet“THAT leave be granted to introduce By-law Nos. 2011-001 to 2011-005 and 2011-007 to 2011-010 and the same be read a first andsecond time.”CARRIED2011-001 Being a By-law to authorize entering into an agreement with PentaHomes Ltd. with respect to certain lands located in the Part FourthStreet, Plan 40R-6105 Parts 7, 8, Plan 30 BLK 45 Lot 541, Part Lot 542in the Township of Uxbridge, Regional Municipality of Durham at themunicipal address of 33 Young Street (Committee of AdjustmentDecisions A32/2010, A33/2010 and Land Division Decision LD106/2010)2011-002 Being a By-law to authorize entering into a Site Plan AmendingAgreement with Uxbridge Wudvue Ltd. with respect to certain landslocated at Part Lot 29, Concession 7, Part Lot 29, Plan 40R-20923,Parts 1, 3 - 5 in the Township of Uxbridge, Regional Municipality ofDurham at the municipal address of 141 Reach Street (SPD 2010-12)2011-003 Being a By-law to authorize entering into an Agreement with JoeyMarshall with respect to lands identified as Part Lot 15, Concession 4,in the Township of Uxbridge, Regional Municipality of Durham at themunicipal address of 419 Goodwood Road (Committee of AdjustmentDecision A24/2010)2011-004 Being a By-law to authorize entering into an Agreement with StephenAllan Orr and Colleen Elizabeth Orr with respect to lands identified asWest Part Lot 35, PCL 4, Concession 3, in the Township of Uxbridge,Regional Municipality of Durham, at the municipal address of 327Feasby Road (Committee of Adjustment Decision A27/2010)2011-005 Being a By-law to authorize entering into an Agreement with UxbridgeDevelopments Limited Partnership with respect to lands identified asWest Part of Lots 26 and 27, Concession 6 in the Township ofUxbridge, Regional Municipality of Durham (formerly Township ofUxbridge) being Part 1, Plan 40R-8540 (Committee of AdjustmentDecision A29/2010)2011-007 Being a By-law to repeal By-law 2010-106 being a by-law to authorizethe execution of a 7 year lease agreement with Stonemoor Day Care2011-008 Being a By-law to repeal By-law no. 2010-124, being a by-law passedpursuant to the provisions of Sections 34 and 36 of the Planning Act,R.S.O. 1990, as amended, to amend Zoning By-law No. 81-19, asamended, of the Corporation of the Township of Uxbridge, with respectto certain lands in the Township of Uxbridge, in the RegionalMunicipality of Durham known municipally as 4169 Front Street, Hamletof Goodwood, as well as Part Lot 15, Plan 87 and Part West Half Lot16, Concession 3, Township of Uxbridge.2011-009 Being a By-law to authorize the release of a Township of UxbridgeEasement over Part 2, Plan 40R-26064,188 Toronto Street.

COUNCIL 11JANUARY 10 TH , 2011NO. 12011-010 Being a By-law to Amend By-law 2010-107 amending Schedule B ofthe Fees By-law relating to the Site Plan Application Fees resulting fromTemporary Use By-laws.MOVED by Councillor Ballinger, SECONDED by Councillor Highet“THAT By-law Nos. 2011-001 to 2011-005 and 2011-007 to 2011-010be now read a third time, finally passed and the Mayor and Clerk dulysign and seal same.”CARRIEDIX.UNFINISHED BUSINESSThere was none.X. OTHER BUSINESSa) Debbie Leroux, Clerk reminded Council of the grand opening of the GlasgowBridge on January 17 th , 2011 at 2:00 p.m.b) In Camera Meeting re litigation or potential litigation, including mattersbefore administrative tribunals, affecting the Municipality.Councillor Northeast declared a conflict of interest with respect to the itemindicated on the ‘In-camera’ Agenda due to ongoing litigation and thereforeremoved herself from the room.Mayor O’Connor declared a conflict of interest with respect to the itemindicated on the ‘In-camera’ Agenda due to ongoing litigation and thereforeremoved herself from the room.MOVED by Councillor Highet, SECONDED by Councillor Mantle“THAT the Council of the Township of Uxbridge appoint CouncillorBallinger as Acting Chair in the absence of Mayor O’Connor andDeputy Mayor Northeast.”CARRIEDMOVED by Councillor Mikuse, SECONDED by Councillor Molloy“THAT the General Purpose and Administration Committee go into ‘In-Camera’ at 12:30 p.m. as the matters to be discussed concern litigationor potential litigation, including matters before administrative tribunals,affecting the Municipality.”CARRIEDMOVED by Councillor Mikuse, SECONDED by Councillor Molloy“THAT the General Purpose and Administration Committee rise from‘In-Camera’ at 12:43 p.m.”CARRIEDMOVED by Councillor Mikuse, SECONDED Councillor Molloy“THAT the Council of the Township of Uxbridge direct that authorizationbe given to Ingrid Svelnis, CAO to spend $30,000 to settle outstandingcourt action.”CARRIED

COUNCIL 12JANUARY 10 TH , 2011NO. 1XI.CONFIRMING BY-LAWBY-LAW NO. 2011-011MOVED by Councillor Ballinger, SECONDED by Councillor Highet“THAT leave be granted to introduce By-law No. 2011-011 being a bylawto confirm the proceedings of Council at its Regular Meeting ofMonday, January 10 th , 2011 and the same be read a first and secondtime.”CARRIEDMOVED by Councillor Ballinger, SECONDED by Councillor Highet“THAT By-law No. 2011-011 be now read a third time, finally passedand the Mayor and Clerk duly sign and seal same.”CARRIEDXII.ADJOURNMENTThe Mayor adjourned the meeting at approximately 12:45 p.m.____________________________MAYOR____________________________CLERK