Council Minutes, August 13, 2012

The Corporation of the Township Carling

M I N U T E S    
REGULAR MEETING OF COUNCIL
Monday, August 13, 2012
Council Chambers
2 West Carling Bay Rd., Nobel, Ontario

Council Members Present:         Mayor:        Gord Harrison
Councillors:                            Susan Murphy, Michael Gordon, Mike Konoval, Sid Larson

Council Members Absent:    Councillor:        
                            
Staff Present:    Stephen Kaegi - Chief Administrative Officer/Clerk
                       Maryann Sidon – Deputy Clerk/Planning Assistant
            
1.    CALL TO ORDER

The Mayor called the meeting to order at 7:00 p.m.

2.        MINUTES OF THE PREVIOUS MEETINGS

    REGULAR MEETING OF COUNCIL

12-075                        Moved by Councillor Larson                                            Seconded by Councillor Konoval

    NOW THEREFORE BE IT RESOLVED that the Minutes of the Regular Meeting of Council held on July 9, 2012, be approved.

                            Carried.

COMMITTEE OF THE WHOLE

12-076                        Moved by Councillor Gordon
                            Seconded by Councillor Larson

    NOW THEREFORE BE IT RESOLVED that the Minutes of the Committee of the Whole held on July 9, 2012, be approved.

                            Carried.

3.    DEPUTATIONS

DAN & PAMELA STRELEC/DENNIS TRINAISTICH
RENTAL OF PRIVATE HOMES IN WF1 ZONE

Ms. Strelec spoke to Council on two issues the first was a request to the Township to amend its by-law for new construction by amending it to include a reasonable timeframe to complete the construction and not leave it open ended.

The second issue raised by Ms. Strelec dealt with the townships position regarding the rental of cottages and specifically the actions being taken against them by Doug Vock the C.B.O. and Tammy Purdy the By-law Enforcement Officer. The request to Council was to have the letter from Ms. Purdy rescinded and for Council to direct staff to stop all proceedings against them based on the reasons given in their presentation.

Ms. Strelec then read a letter from Kelly Purcell the President of the local Realtor Association who opposed the position taken by the Township and felt it would impact values and sales in Carling.

ERROL ALEXANDER – CURRAN TRAIL

Mr. Alexander spoke to Council regarding a request to move a road allowance so that it encompassed a portion of the Curran Trail by exchanging lands all at the expense on the applicants. Mr. Alexander indicated that he had the support of abutting neighbours as well as the Curran Trail Association.

DON SAWYER – BOATHOUSE IN ALVES BAY

Mr. Sawyer spoke to Council regarding his request to retain his boathouse located on Dean Road as in his opinion is not a concern to the environment, is used for winter storage, and is well maintained.

SUZANNE RYAN – BOATHOUSE IN ALVES BAY

Ms. Ryan was unable to attend and had Ms. Maranda Sawyer Adams read her speech regarding her request to Council to retain her boathouse on Dean Road. Ms. Ryan raised issues of its historical use, taxes paid, lack of environmental impact and its use for storage of her boat in the winter and for other materials. Ms. Ryan asked that dialogue continue between the boathouse owners and the township to discuss possible options to meet the needs of both parties.

4.    PARRY SOUND AREA PLANNING BOARD CONSENT APPLICATIONS

Glenn Robinson from the Parry Sound Area Planning Board gave a brief description of each consent application and any concerns or conditions he felt needed to be addressed by Council.

    CONSENT APPLICATION B12/2012(C)
Lot 54, Concession 12.  Application to create one new lot on Deep Bay accessed off Alves Road
    Applicant:  L.U. Maughan Co. Ltd.
    Owners:  Fritz & Christa Glaenzel

12-077                        Moved by Councillor Gordon
                            Seconded by Councillor Konoval

    NOW THEREFORE BE IT RESOLVED that the Council for the Township of Carling defer the application until such time as Council receives professional advice from a planner and a lawyer on the proposed severance.

                            Carried.

    CONSENT APPLICATION B19/2012(C)
Lot 54, Concession 12.  Application to create a ROW for an existing lot on Deep Bay accessed off Alves Road.
    Applicant:  Oldham Law Firm
    Owners:  Fritz & Christa Glaenzel

12-078                        Moved by Councillor Konoval
                            Seconded by Councillor Larson

    NOW THEREFORE BE IT RESOLVED that Council advise the Parry Sound Area Planning Board that is has no objection to Consent B19/2012(C), an application to create a ROW for an existing lot on Deep Bay on Lot 54, Concession 12.  Owners:  Fritz & Christa Glaenzel, subject to the following conditions:

1.    The Owners enter into an agreement with the Township acknowledging the status of the road.

                            Carried.

    CONSENT APPLICATION B15/2012(C)
Lots 12 & 13, Concession 4.  Application to create one new lot on Holly’s Lane and
Shebeshekong Rd.
    Applicant:  Orest Kalyn

12-079                        Moved by Councillor Konoval
                            Seconded by Councillor Larson

    NOW THEREFORE BE IT RESOLVED that Council advise the Parry Sound Area Planning Board that it has no objection to Consent B15/2012(C), an application to create one new lot on Holly’s Lane and Shebeshekong Road on Lots 12 & 13, Concession 4.  Applicant: Orest Kalyn, subject to the following conditions:

    1.    Payment of cash in Lieu of Parkland, being 5% of the value of the land; and
    2.    Rezoning of the subject lands.
    
                            Carried.

    CONSENT APPLICATION B16/2012(C)
Lots 12 & 13, Concession 4.  Application to create three new lots on the north and east side of Holly’s Lane and Shebeshekong Rd.
    Applicant:  Orest Kalyn

12-080                        Moved by Councillor Gordon
                            Seconded by Councillor Larson

    NOW THEREFORE BE IT RESOLVED that Council advise the Parry Sound Area Planning Board that is has no objection to Consent B16/2012(C), an application to create three new lots on the north and east side of Holly’s Lane and Shebeshekong Rd. on Lots 12 & 13, Concession 4.  Applicant: Orest Kalyn, subject to the following conditions:

    1.    Payment of cash in Lieu of Parkland, being 5% of the value of the land; and
    2.    That all building materials stored on proposed lot 2 be removed.

                            Carried.

5.    REPORT OF THE CHIEF ADMINISTRATIVE OFFICER

12-081                        Moved by Councillor Gordon
                            Seconded by Councillor Larson

NOW THEREFORE BE IT RESOLVED that Council receives the Reports of the Chief Administrative Officer, as distributed.
    
                            Carried.

Council requested that a letter be sent to the Ministry of Transportation and its new maintenance contractor Carillon regarding the work being undertaken on Highway 559 and the concerns of the order of work to the quality of repairs to the surface of the road.

6.    REPORT OF THE COMMITTEES

Councillor Konoval reported on the CPAC meeting in which the quarterly OPP statistics were discussed as well as the detachments business plan.

Councillor Konoval informed Council that on September 22 will hold its next volunteer recognition function and are looking to have all Council members attend and speak to the five recipients.

Councillor Konoval spoke briefly about the three Cottage Association annual meetings attended by council in August and the issues raised by members present.

Councillor Murphy reported on the Museum and the need to hire a new intern as the current intern has found a full-time position. Council was reminded for the museum.

Councillor Murphy informed Council on the upcoming book sale event being held in conjunction with the Market event as a fundraising event and asked that people look at purchasing books.

Councillor Larson indicated that the last Planning Board meeting was cancelled as there was only one application.

Councillor Larson advised Council that he has been appointed to a Committee on the Industrial Park Board to deal with sludge waste from the new Highway 400 work being proposed.

Councillor Gordon nothing to report as many of the items has been covered by other members.

Mayor Harrison reported to Council on the Industrial Park Board and a couple of potential company’s that are exploring potentially land purchases in the Park.

7.    COUNCIL CORRESPONDENCE

12-082                        Moved by Councillor Larson
                            Seconded by Councillor Gordon

    NOW THEREFORE BE IT RESOLVED that Council receives the July 2012 Council Correspondence listing.

                            Carried.

8.    OTHER BUSINESS

BILL 76
Act to Amend the Ontario Lottery & Gaming Act of 1999

12-083                        Moved by Councillor Konoval
                            Seconded by Councillor Larson

WHEREAS the Government of Ontario has proposed building up to 29 new casinos throughout the province;

AND WHEREAS new casino development brings with it a broad-spectrum of opinions including both positive and negative considerations;

AND WHEREAS any new casino development may significantly impact the community and surrounding areas;

AND WHEREAS, the municipality recognizes the importance of a referendum on the issue and prior to the development of a new casino;

NOW THEREFORE BE IT RESOLVED the municipality requests the Legislative Assembly of Ontario to immediately pass Bill 76, Ensuring Local Voices in New Casino Gambling Development Act to help ensure that local voices are respected prior to the development of any new casino,
 
AND FURTHER BE IT RESOLVED that this resolution be circulated to Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance; Monte McNaughton, MPP; and Norm Miller MPP for Muskoka – Parry Sound.

                        Carried.

CARLING RECREATION COMMITTEE- RAISE THE ROOF FUNDRAISING CAMPAIGN

12-084                        Moved by Councillor Gordon
                            Seconded by Councillor Larson

    NOW THEREFORE BE IT RESOLVED that Council for the Township of Carling endorse the Carling Recreation Committee’s fundraising project of Raise the Roof Campaign for the rink.

                            Carried.

FEDERALGOVERNMENT JEPP FUNDING

12-085                        Moved by Councillor Murphy
                            Seconded by Councillor Larson

    WHEREAS the Federal Government in the 2012 Budget eliminated the Joint Emergency Preparedness Program (JEPP);

AND WHEREAS the recent tragic events in the Town of Elliot Lake and previously in the Town of Goderich speaks to the need for a timely and well trained emergency response program;
AND WHERAS the Federal Government needs to continue to provide leadership in this important area;
NOW THEREFORE BE IT RESOLVED that the Council for the Township of Carling request that the federal government re-instate the JEPP funding program and take a leading role in Emergency Response Initiatives across the Province and Country.
                        Carried.
FCM CAMPAIGN - LONG-TERM INFRASTRUCTURE PLAN

12-086                        Moved by Councillor Gordon
                            Seconded by Councillor Murphy
    WHEREAS The Building Canada Plan and a number of important Federal-Provincial transfer agreements vital to Canada's cities and communities will expire in March of 2014;
AND WHEREAS Federal investments over the last few years have helped to slow the decline of our cities and communities, and the Government of Canada has committed to developing a new long-term plan for municipal infrastructure funding in consultation with municipal and Provincial/Territorial governments;
AND WHEREAS a seamless transition from the Building Canada Plan to a new long-term plan is necessary to ensure that municipalities can continue planning their capital spending effectively;
AND WHEREAS The Federation of Canadian Municipalities (FCM) has launched a campaign to ensure the new plan reflects municipal priorities across the country and asks its member municipalities to pass a Council resolution supporting the campaign;
AND WHEREAS our Township has continuing infrastructure needs that can only be met with the kind of long-term planning and investment made possible by a national plan;
NOW THEREFORE BE IT RESOLVED that Council endorses the FCM campaign and urges the Minister of Transport, Infrastructure and Communities to work with FCM to ensure the new long-term infrastructure plan meets the core infrastructure needs of cities and communities;
AND BE IT FURTHER RESOLVED that Council urges the Minister of Transport, Infrastructure and Communities to ensure that the new long-term plan is fully in place when existing programs expire in 2014;
AND BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Minister of Transport, Infrastructure and Communities, the Honourable Denis Lebel; to the Provincial Minister of Municipal Affairs, the Honourable Kathleen O. Wynne; to Member of Parliament for Parry Sound-Muskoka, the Honourable Tony Clement; to the Provincial member of the Ontario Legislative Assembly for Parry Sound-Muskoka, Mr. Norm Miller; to the Federation of Canadian Municipalities (FCM); and to the Association of Municipalities of Ontario (AMO).
                            Carried.

LONG-TERM CARE FACILITIES SHARING AND INTEGRATION STRATEGIES

12-087                        Moved by Councillor Konoval
                            Seconded by Councillor Larson

NOW THEREFORE BE IT RESOLVED that Council defer the resolution until the Board for Belvedere has had the opportunity to review the report on the study with the Pines and reported the findings to the area municipalities.

                            Carried.

2011 FINANCIAL STATEMENTS

12-088                        Moved by Councillor Gordon
                            Seconded by Councillor Murphy

    NOW THEREFORE BE IT RESOLVED that Council for the Township of Carling receive the 2011 Financial Statements from BDO Dunwoody for the year ending December 31, 2011.

                            Carried.

TENDER RESULTS JANITORIAL SERVICES

12-089                        Moved by Councillor Konoval
                            Seconded by Councillor Larson

    NOW THEREFORE BE IT RESOLVED that upon the recommendation of the Public Works Superintendent, Council for the Township of Carling accepts the tender from Ace Service to provide Janitorial Services to the Administration and Public Works building and to the Carling Recreation Centre for the annual sum of $11,768.30 with HST being $1,529.84 for a total of $13,297.84 this being the lowest of three tenders received which included an incomplete tender.

                            Carried.

TAMMY FISHER
CARLING RESIDENT INTERNMENT FEE

12-090                        Moved by Councillor Larson
                            Seconded by Councillor Konoval

    A recorded vote was requested.

        YEAS                        NAYS

Councillor Konoval
Councillor Murphy
Councillor Larson
Councillor Gordon
Mayor Harrison

NOW THEREFORE BE IT RESOLVED that the Council for the Township of Carling authorize staff to treat Tammy Fisher as a resident when applying the internment fee for the municipal cemetery.

                        Carried.

BOATHOUSES/DOCKS LOCATED IN ALVES BAY

12-091                        Moved by Councillor Gordon
                            Seconded by Councillor Larson

    WHEREAS in conjunction with the development of the Backglanz Subdivision and Consent Application, Council, in closed session, gave consideration to the historic, current and future use of the area occupied by a number of boathouses and docks on the east side of Alves Bay now forming part of Part 4, Plan 42R-17943 and the shore road allowance in front thereof by water access property owners;

AND WHEREAS on November 13, 2007 Council, in closed session, considered a report prepared by staff containing recommendations respecting the future use of the said boathouses and docks;

AND WHEREAS Council considers Alves Bay an environmentally sensitive shoreline area;

AND WHEREAS Council deems it to be in the public interest to restrict the use of said Part 4 and the abutting shore road allowance for boathouses and docks;

AND WHEREAS, in closed session, on January 6, 2012 Council directed staff in inform those owners of boathouses and docks now having road access to their properties that rights of use with respect to such structures would be terminated;

AND WHEREAS Council wishes to confirm its decision and direction to staff respecting the said boathouses and docks;

    NOW THEREFORE BE IT RESOLVED THAT:

1.    Council hereby confirms the correspondence attached hereto send to certain current property owners or former property owners, whose properties now have road access, both as to form and content.

                            Carried.

9.    BY-LAWS

BY-LAW TO REGULATE PARKING

2012-24                        Moved by Councillor Larson
                            Seconded by Councillor Konoval

THAT By-law Number 2012-24, being a By-law to Amend By-law 91-5 as amended which Regulates Parking of Motor Vehicles on Highways in the Township of Carling, be read and finally passed in Open Council this 13th day of August, 2012.

                            Carried.

    BY-LAW TO REGULATE PUBLIC PARKS & PUBLIC WATER ACCESS SITES

2012-25                        Moved by Councillor Konoval
                        Seconded by Councillor Larson

THAT By-law Number 2012-25, being a By-law to Amend By-law 2006-17 as amended, which Regulates Public Parks and Public Water Access Sites in the Township of Carling, be read and finally passed in Open Council this 13th day of August, 2012.

                            Carried.
 
    SHORE ROAD ALLOWANCE BY-LAW - VERITE
    Daniel & Edith Verite, 18 Poacher’s Point Road
    Lot 36, Concession 5

2012-26                        Moved by Councillor Larson
                        Seconded by Councillor Gordon

THAT By-law Number 2012-26, being a By-law to Close and Sell Part of the Original Shore Road Allowance in Front of Lot 36, Concession 5, Being Part 1, Plan 42R-19635, Township of Carling (Verite) , be read and finally passed in Open Council this 13th day of August, 2012.

                            Carried.

    SHORE ROAD ALLOWANCE BY-LAW – SAUTER
    Peter Sauter, 235 Blind Bay Road
    Lot 21, Concession C

2012-27                        Moved by Councillor Konoval
                        Seconded by Councillor Murphy

THAT By-law Number 2012-27, being a By-law to Close and Sell Part of the Original Shore Road Allowance in Front of Lot 21, Concession C, Being Part 1, Plan 42R-19640, Township of Carling (Sauter) , be read and finally passed in Open Council this 13th day of August, 2012.

                            Carried.

    SHORE ROAD ALLOWANCE BY-LAW – BALLANTYNE
    Brian & Kathleen Ballantyne, 237 Blind Bay Road
    Lot 21, Concession C

2012-28                        Moved by Councillor Larson
                        Seconded by Councillor Murphy

THAT By-law Number 2012-28, being a By-law to Close and Sell Part of the Original Shore Road Allowance in Front of Lot 21, Concession C, Being Part 1, Plan 42R-19629, Township of Carling (Ballantyne) , be read and finally passed in Open Council this 13th day of August, 2012.

                            Carried.

    SHORE ROAD ALLOWANCE BY-LAW – LACOCK
    Daniel & Deborah Lacock, 15 Inverlochy Rd.
    Lot 25, Concession 1

2012-29                        Moved by Councillor Larson
                        Seconded by Councillor Konoval

THAT By-law Number 2012-29, being a By-law to Close and Sell Part of the Original Shore Road Allowance in Front of Lot 25, Concession 1, Being Part 1, Plan 42R-19634, Township of Carling (Lacock) , be read and finally passed in Open Council this 13th day of August, 2012.

                            Carried.

    SHORE ROAD ALLOWANCE BY-LAW – GLAENZAL
    Fritz & Johanna Glaenzel, 57 Alves Rd.
Lot 54, Concession 12

12-092                        Moved by Councillor Larson
                        Seconded by Councillor Murphy

    NOW THEREFORE BE IT RESOLVED THAT Council defer the proposed By-law to Close and Sell Part of the Original Shore Road Allowance in Front of Lot 54, Concession 12, Being Part 4, Plan 42R-18612, Township of Carling (Glaenzel)
                            
Carried.

9.    CLOSED MEETING

12-093                        Moved by Councillor Konoval
                            Seconded by Councillor Larson

    NOW THEREFORE BE IT RESOLVED that Council move into a CLOSED MEETING at 9:20 p.m., pursuant to Section 239(2) of the Municipal Act, 2001,S.O. 2001, c.25, as amended to deal with legal matters.    

                            Carried.
    
    OPEN MEETING

12-094                        Moved by Councillor Konoval
                            Seconded by Councillor Murphy

    NOW THEREFORE BE IT RESOLVED that Council move out of a CLOSED MEETING at 9:35 p.m.

                            Carried.

10.    CONFIRMING BY-LAW

2012-30                        Moved by Councillor Konoval                                            Seconded by Councillor Gordon

    THAT By-Law Number 2012-30, being a Confirming By-Law, be read and finally passed in Open Council this 13th day of August, 2012.

                            Carried.

11.    ADJOURNMENT

12-095                        Moved by Councillor Murphy
                            Seconded by Councillor Larson

    NOW THEREFORE BE IT RESOLVED that the Regular Meeting of Council be adjourned at 9:37 p.m.

Carried.

TOWNSHIP OF CARLING

___________________        _                    ___________________________
Gord Harrison, Mayor                        Stephen P. Kaegi, CAO/Clerk