Minutes of the Regular Council Meeting of the Council of the Town of Penetanguishene held on Wednesday, June 28, 2006 at the hour of 7:30 p.m. at the PenetanguisheneCentennialMuseum and Archives, 13 Burke Street, Penetanguishene.
PRESENT:Mayor A. Dubeau, Deputy-Mayor R. Robbins, Councillors A. Murphy, D. Levy, D. Gravelle, J. O’Hara, D. Leroux, D. La Rose, P. Marion, C. Tobey, Clerk, E. Rath, C.A.O., J. Boucher, Director of Public Works and P. Hodgins, Director of Planning and Development
1.CALL TO ORDER
2.IN-CAMERA ITEMS - Nil
3.DEPUTATIONS, PETITIONS AND PLANNING MATTERS
(3.1) Recognition of Senior of the Year for 2006
Mayor A. Dubeau presented the 2006 Senior of the Year Award to Egberdina (Denny) Valade in front of numerous family and friends. She outlined Denny’s many contributions to the community as part of the presentation and she read the certificate from the Province of Ontario.
(3.2) Recognition of Volunteers for 2006
Deputy-Mayor R. Robbins assisted Mayor A. Dubeau in distributing municipal certificates to acknowledge the Friends of the Penetanguishene Youth 2006 Volunteers of the Year who were recognized with Provincial Volunteer Certificates at a Provincial Ceremony in June: Marilynne Bellisle, Bob Humphries, Sue St. Amant, Dawn Vipond, Anita Dubeau and Randy Robbins.
Deputy-Mayor R. Robbins assisted Mayor A. Dubeau in distributing Drayton Entertainment theatre tickets from the Town of Penetanguishene to acknowledge the Town of Penetanguishene 2006 Volunteers of the Year who were recognized with Provincial Volunteer Certificates at a Provincial Ceremony in June:Gertrude Walker, Mary Vaillancourt, Joanne Lacroix, Eveline Holmes, Ann Cooper and Dunc McLaren.
(3.3)Wayne and Leeanne Tremblay re: Stormwater pond and tree line with regards to OPA 1/2006 and Zoning By-law Amendment ZA 1/2006) by Parkbridge Communities Inc. 175 Fox Street and 21 Hunter Road
Mr.Tremblay, who resides at 197 Fox Street, noted concerns regarding the retention pondon the proposed Parkbridge development next door tohis property. He requested information on the distance the stormwater management pond will be from his property and whether the tree line will the taken down and how this would affect the privacy on his property.
Mayor Dubeau thanked Mr. Tremblay for his comments and requested that Mr. Tremblay refer his comments and concerns to the Director of Planning & Development.
(3.4) Henry Freitag re: Matters relating to and under the control of the Municipal government
Mr. Freitag expressed concern with the length of time he has waited for responses to various letters when Council’s Policy indicates there shall be a response within 3 weeks.
Mr. Freitag requested to know if Members are discharging their duties in a manner that respects the Municipal Act Section 2. Mr. Freitag noted that conditions of the CCL Site Plan have not been met. Mr. Freitag provided photographs showing the location of electrical outlets at slips on the Town dock and noted they are unsafe and may cause electrical shock.
(3.5)Public Meeting for the purpose of reviewing fees or charges for the consumption of water, capital costs of water meters and amendments to Building Permit Fees
Mayor Dubeau declared the Public Meeting open, pursuant to the Municipal Act, 2001, and Ontario Regulation 244/02, for the purpose of reviewing amendments to the Town of Penetanguishene Composite Fee By-law (By-law 2005-16) related to fees or charges for the consumption of water, capital costs of water meters, amendments to Building Permit Fees and housekeeping matters.
The Clerk noted that Notice of tonight’s Public Meeting was provided on June 5, 2006 in accordance with the requirements of the Municipal Act and the Building Code Act and the regulations thereunder. The Clerk noted that, at their meeting of June 14, 2006, Council General Committee made amendments to the information related to water rates and meters and an amended Notice was published on June 15, 2006. Detailed explanatory notes, in relation to the Public Meeting, were available at the Town Office and on the Town Website.
The Clerk provided a summary of proposed changes as follows:
To compensate for instances when construction has commenced prior to the issuance of a Building Permit, a Special Investigation / Administration fee, equal to, and in addition to permit fees calculated under Part 5.2 of the Building Department Fees shall be applied to a maximum of $5,000.00.
To limit building inspections where the elements to be inspected are not ready when a building inspection is booked, under Section 5.4.1 of Building Department Fees, Inspections and Investigations, a revision is proposed to the Additional Inspections Deposit of $300.00 per every 2000 sq. ft. of total area.
For buildings without water meters, the proposal is to have the residential single family rate and the commercial flat rates for water that were in place prior to April 1, 2006, reinstated until October 1, 2006, to coincide with the 3rd quarter billing. The Transportation and Environmental Section Committee of the Town of Penetanguishene would have the authority to provide exceptions to the increased flat rate for any outstanding meter installations on a case by case basis, as determined and recommended by the Director of Public Works of the Town of Penetanguishene.
The effective date for the increase to the Capital Contribution for Water Meters is proposed to be extended to August 1, 2006, with the exception of water meters required for new construction which will be charged at the capital contribution rates that came into effect on June 1, 2006. The Transportation and Environmental Section Committee of the Town of Penetanguishene would have the authority to provide exceptions to the increased capital contribution after August 1, 2006 on a case by case basis, as determined and recommended by the Director of Public Works of the Town of Penetanguishene.
The proposed fee for the Coin Operated Water Filling Machine at Robert Street West is $1 per 5 gallons (19 litres) effective July 1, 2006, or on the date the machine is installed and operable.
To address the impending decrease in the Goods and Services Tax, and as a housekeeping matter, any reference to Provincial Sales Tax (PST) at 8% and/or Goods and Services Tax (GST) at 7% that is located in the existing Composite Fee Schedule, should be changed to “plus applicable taxes”.
The Clerk noted that correspondence had been received, and circulated to Council, from Henry Freitag regarding exceptions to increased flat rate and discretionary authority for increased rates and fromGeorge Fontaine regarding methods of notice and application of increased flat rates to those who refuse water meters immediately and exemptions for those who have been unsuccessful in having meters installed to date.
Mayor Dubeau noted By-law 2006-37, to incorporate the amendments that have been reviewed, would be considered by Council later on this evening’s agenda.
There were no questions from Members of Council.
Members of the Public were offered an opportunity to make representation.
Mr. Freitag expressed that if the home owner is not at fault then the home owner should be charged the previous rate. The by-law should say that if the homeowner is not at fault for the meter installation then they should pay the lower rate and the same for the water meters. Mr. Freitag asked questions relating to the charge of $1 per gallon of water from the filling station and how much the Town anticipates revenues will be. As a business the Town should have an idea. It was noted that the Town is working on a cost recovery basis and the actual filling unit will be a lower cost than what was budgeted. Mr. Freitag noted that with maintenance and costs associated with the filling station the Town will not recover costs. Vandalism would be high and maintenance will be higher. He further indicated that the Town should let free enterprise take over this business.
Mr. Vajda asked why the water is not being billed on water rates yet. He questioned why the contract was not completed on time and was there a penalty clause in place. Mr. Vajda also expressed concern with the Fox Street water source and the responsibility of the Town in relation to the same. The Clerk confirmed that the bills that will be sent in the first three weeks of July will be based on water meter rates. Mr. Boucher confirmed that the wells on Fox Street are being monitored. Mr. Vajda further noted that there is a pesticide use warning sign at the Fox Street well. Mr. Boucher will follow up.
Keith Press noted that his main concern is that the water meter installations appear to be going to a 2 tier system, some who were cooperative and some who were not. He feels everyone should be metered at the same rate for equity. He is aware that with a family of 7 his rate will be definitely be higher. He had been previously advised by municipal staff that those property owners who have refused a meter installation would be penalized by the higher rate. It was noted that individuals have the ability to control their water consumption. It was further noted that of the outstanding installations there are only a few that have refused. The majority of the outstanding installations surround difficult circumstances and require special installations.
Mr. Boucher noted that many of the property owners with outstanding meter installations were contacting the office in response to correspondence sent in the spring that advised of the impending double flat rate. This substantially reduced the number of uncooperative property owners.
Mr. Albert, owner of a multiple dwelling unit on Edward Street which does not yet have water meter, had inquiries about when the meter will be installed and who will receive the billings. The Clerk noted that in cases where water meters are not installed the usual bills will be sent in July until the meter is installed. It was confirmed that communication has been sent in past to multi-residential property owners regarding billing of multi-residential accounts and additional information can be prepared and made available at the Town Office or on the website.
Mr. Albert inquired as to what is the delay in having his meter installed. Mr. Boucher confirmed that for larger meters it is a requirement that the installer be a licensed plumber and there are now 2 plumbers working on installations.
Mayor Dubeau declared the public meeting closed.
4.CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING
It was moved by D. Levy and seconded by A. Murphythat the minutes of the Regular Council Meeting dated May 24, 2006 be adopted as printed. CARRIED.
It was moved by D. La Rose and seconded by P. Marionthat the minutes of Special Council Meeting dated May 31, 2006 be adopted as printed. CARRIED.
5.COMMUNICATIONS AND CORRESPONDENCE
06-71It was moved by D. Levy and seconded by A. Murphy:
BE IT RESOLVED that Council receive for information, approve the action, or refer to the appropriate Board/Committee/Section the correspondence listed in this Motion, as per the recommendation for each item.
a)Correspondence - For information Only - Nil
b) Correspondence - Requiring Action - Nil
c)Correspondence – Referred to Section
5.1 From Temiskaming Lodge Ltd. re: Rezoning Application Z.A.5/2006 by Temiskaming Lodge (David Jarlette) to permit development of 99 unitSeniors’ Residence and Medical Clinic at 5 Beck Boulevard.
That Rezoning Application Z.A.5/2006 by Temiskaming Lodge (David Jarlette) to permit development of 99 unit Seniors’ Residence and Medical Clinic at 5 Beck Boulevard be referred to Planning Advisory Committee for review and recommendation. CARRIED.
6.REPORTS OF COMMITTEES
(6.1)From Finance & General Government re: Council General Committee Report No. 04.06 dated June 14, 2006.
06-72It was moved by D. La Rose and seconded by P. Marion that the report be adopted as printed.
(6.2)From Planning & Development re: Proposed Zoning By-law Amendment (File: Z.A. 3/2006) by MANEL Investment & Property Management Inc. for lands composed of Lot 25, north side of Poyntz Street, Reg. Plan 9, and Lot 17 and Part of Lot 18, south side of Robert Street, Reg. Plan 9, Town of Penetanguishene, municipally known as 29 Poyntz St.
06-73It was moved by D. Levy and seconded by A. Murphy that on the advice of the Planning Advisory Committee it is hereby recommended:
- That the proposal by MANEL Investment & Property Management Inc. to demolish the existing school building and redevelop the site into a 17 lot residential subdivision consisting of a maximum of 15 townhouse units and 1 semi-detached (2 units) dwelling as shown on Schedule “B” to this report be ENDORSED IN PRINCIPLE subject to the following conditions:
(i)That the townhouse units be designed to reflect a “tiered” approach, to follow the existing contours, create a more interesting streetscape, and potentially enable the units to take advantage of sight lines to the waterfront;
(ii)That a Subdivision Agreement addressing all of the various technical and legal issues associated with the proposed development be drafted and executedprior to the formal rezoning legislation being submitted to Council for consideration;
(iii)That a decision as to the most appropriate form of rezoning (ie. site specific or general) only be made once the Subdivision Agreement has been prepared;
(iv)That the rezoning legislation contain a HOLDING – “H” symbol (if deemed appropriate by the Town’s legal counsel) until any and all applicable conditions of the agreement have been met, and that the rezoning not be passed unless the municipality is satisfied that there is adequate uncommitted sewage and water reserve capacity for this project;
(v)That this endorsement in principle shall be for a period of one (1) year from the date of adoption of this recommendation by Council, within which the developer must execute a Subdivision Agreement and failing which a further endorsement by Council would be required to ensure there is adequate uncommitted sewage and water reserve capacity for the project. CARRIED.
(6.3)From Proposed Official Plan Amendment (File: OPA 1/2006) and Zoning
By-law Amendment (File: ZA 1/2006) by PARKBRIDGE COMMUNITIES INC. for lands east of Fox Street, north of Hunter Road and west of Church Street, being Parts 1 & 2, Plan 51R-18067, municipally known as 175 Fox St. and 21 Hunter Rd.
06-74 It was moved by D. Levy and seconded by A. Murphy:
Therefore having considered all pertinent information, on the advice of the Planning Advisory Committee it is hereby recommended:
- That the Parkbridge residential land/lease proposal consisting of a maximum of 114 units (58 ‘stick built’ single detached dwellings and 56 townhouse units) be ENDORSED IN PRINCIPLE subject to the following conditions:
(i)That the various technical issues associated with the proposed development be addressed in a Site Plan Agreement;
(ii)That the proposed transfer of Town-owned land to the developer be subject to the requirements of the appropriate legislation, at no cost to the municipality, and that the transfer be dealt with in the Site Plan
Agreement wherein the actual transfer would occur prior to registration
of the said agreement;
(iii)That the statutory public meeting to consider the proposed Official Plan and Zoning By-law Amendments be scheduled;
(iv)That the rezoning legislation contain a HOLDING or “H” symbol (if deemed appropriate by the Town’s legal counsel) until any and all applicable conditions of the Site Plan Agreement have been met;
(v)That this endorsement in principle shall be for a period of one (1) year from the date of adoption of this report by Council, within which the applicant must execute a Site Plan Agreement and failing which a further endorsement by Council would be required to ensure there is adequate uncommitted sewage and water reserve capacity for the project. CARRIED.
(6.4)From Planning & Development re: Proposed Zoning By-law Amendment (File No. Z.A.4/2006) by Sharon Melvin for lands composedof Part of Lot 22, Reg. Plan 69, more particularly described as Part 1, Plan 51R-10152, and Part 1, Plan 51R-23780, municipally known as 1477 Tinney Drive.
06-75 It was moved by D. Levy and seconded by A. Murphy:
On the advice of the Planning and Development Section it is hereby recommended:
- That the request by Sharon Melvin for a zoning by-law amendment (File: Z.A. 4/2006) to permit the secondary residence at 1477 Tinney Drive to remain where it is permanently BE APPROVED subject to the following conditions:
(i)that the legislation contain a floor area stipulation which recognizes the existing floor area with no provision for additions to this building;
(ii)that the applicable Development Charge be paid since a check of the Township of Tay records indicates that no Development Charge was required to be paid when the Building Permit for the building in question was obtained in 1995 for what was intended to be a “temporary” building;
(iii) that the statutory public meeting associated with the zoning by-law amendment be scheduled. CARRIED.
7.REPORTS FROM IN-CAMERA MEETING HELD - Nil
8.NEW AND UNFINISHED BUSINESS
9.NOTICES OF MOTION
10.MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN - Nil
11.BY-LAWS
BY-LAW NO. 2006-34 - To authorize the PenetanguisheneFire Department to Participate in theSimcoe County Mutual Fire Aid Planas Revised March 2006 and to repealBy-law 1341
It was moved by D. Leroux and seconded by R. Robbins that By-law No.2006-34 being a by-law to authorize the Penetanguishene Fire Department to Participate in the Simcoe County Mutual Fire Aid Plan as Revised March 2006 and to repeal By-law 1341, be read a first time and deemed to be read a second and third time and carried.
BY-LAW NO. 2006-35 - To authorize the Canadian Red CrossAgreement between the Corporation ofthe Town of Penetanguishene and theCanadian Red Cross
It was moved by D. Lerouxand seconded by R. Robbins that By-law No. 2006-35 being a by-law to authorize the Canadian Red Cross Agreement between the Corporation of the Town of Penetanguishene and the Canadian Red Cross, be read a first time and deemed to be read a second and third time and carried.
BY-LAW NO. 2006-36- To authorize a fuel agreement betweenthe Corporation of the Town of Penetanguishene and Paul Watson Shell
It was moved by D. Leroux and seconded by R. Robbins that By-law No. 2006-36 being a by-law to authorize a fuel agreement between the Corporation of the Town of Penetanguishene and Paul Watson Shell, be read a first time and deemed to be read a second and third time and carried.
BY-LAW NO. 2006-37 - To Amend By-law 2005-16, as amended, to approve modificationsto the Municipality’s Composite FeeSchedule and to amend By-law 2005-54, as amended, to approveModifications to the AdministrativeFees of the Building Department