The Corporation of the Township Carling

 



M I N U T E S
REGULAR MEETING OF COUNCIL
 

Monday, June 13, 2011

Council Chambers

2 West Carling Bay Rd., Nobel, Ontario 

Council Members Present:             Mayor:                        Gord Harrison

Councillors:                                                                       Susan Murphy, Sid Larson, Michael Gordon

Council Members Absent:               Councillor:                 Mike Konoval

 

 

Staff Present: Stephen Kaegi - Chief Administrative Officer/Clerk

Joe Ryman – Public Works Superintendent

John Jackson – Consultant Planner

 

1.         CALL TO ORDER

The Mayor called the meeting to order at 7:04 p.m.

2.         PUBLIC MEETING

            PROPOSED ZONING BY-LAW AMENDMENT NUMBERC483-2011

            Gordon & Betty Johnson and Tim & Karen Johnson

9 & 11 Carrie Lane

A public meeting was held to discuss the proposed Zoning By-law C483-2011 for 9 and 11 Carrie Lane. Mayor Harrison explained the intent of the proposed Zoning By-law and asked if there was anyone present who wished to speak on the matter.

Mr. Hamilton raised concern over the frontages not meeting the by-law requirements and the fact that if he severed his property he would have to meet the 100 metre frontage requirements. Mr. Korte also raised concern over the frontages not meeting the minimum By-law requirements and asked for height and square footage restrictions.

Mr. Johnson spoke to Council on his application and explained the intent of the proposed addition to the smaller lot and that they plan to construct a home to be near his parent. Mr. & Mrs. Johnson could not provide the distance between the existing structure and the water however they did indicate they planned to demolish the existing building and construct a new dwelling which would meet the front yard setbacks.

Council raised questions on the setback of the existing building on the smaller lot and asked for a chart showing the actual impacts on GFA for the two lots showing existing rights and what the new proposed rights would be.

Mr. Jackson indicated that the two lots exist today and that two lots would exist at the end of the process and in his opinion the situation is slightly improved as the lots become equal in size and the development rights should be a wash.

11-066                                                                     Moved by Councillor Larson

                                                                                Seconded by Councillor Gordon

NOW THEREFORE BE IT RESOLVED that Council defer Zoning By-law Amendment C483-2011 to the July Council meeting to allow staff to provide the information requested by Council on the setbacks and GFA impacts.

Carried.

4.         MINUTES OF THE PREVIOUS MEETINGS

            REGULAR MEETING OF COUNCIL

11-067                                                                        Moved by Councillor Gordon                                                                                                                            

                                                                                   Seconded by Councillor Larson

NOW THEREFORE BE IT RESOLVED that the Minutes of the Regular Meeting of Council held on May 9, 2011, be approved.

Carried.

COMMITTEE OF THE WHOLE

11-068                                                                        Moved by Councillor Gordon

                                                                                   Seconded by Councillor Murphy

NOW THEREFORE BE IT RESOLVED that the Minutes of the Committee of the Whole held on May 6, 2011 as amended, be approved.

Carried.

5.         DEPUTATION

Mr. David Bywater from the Georgian Bay Biosphere Reserve gave Council a brief presentation regarding its newest project the “STATE OF THE BAY” Report Card. The report will grade the health of the environment and should be completed by the spring of 2013.

6.        SHORE ROAD ALLOWANCE

           SHORE ROAD ALLOWANCE APPLICATION SRA 2010-2

           APPLICANTS:  DONALD & HELEN PEATS, 145 & 149 HWY 559

11-069                                                                        Moved by Councillor Gordon

                                                                                    Seconded by Councillor Larson

WHEREAS on September 7, 2010 by Resolution No. 10-077 Council approved in principle an application to close and convey shore road allowance in front of Concession 2, Pt Lot 12, Plan 42R-12525 Part 2, Plan 42R-13511 Part 2 & Plan 42R-10966 Pt Part 3, save and except the portion of shore road allowance that abuts Type 1 fish habitat. Applicants: Donald & Helen Peats, 145 & 149 Hwy 559;

AND WHEREAS Council has since amended the Shore Road Allowance policy of May 2008 to allow the sale of shore road allowance that abuts Type 1 fish habitat;

THEREFORE BE IT RESOLVED that Council amend the original resolution and agree to open a file, SRA 2010-2, being an application to close and convey the entire shore road allowance in front of Concession 2, Pt Lot 12, Plan 42R-12525 Part 2, Plan 42R-13511 Part 2 & Plan 42R-10966 Pt Part 3.

Carried.

          SHORE ROAD ALLOWANCE APPLICATION SRA 2008-7

          APPLICANTS:  DANIEL & EDITH VERITE, 18 POACHER’S POINT RD.

11-070                                                                        Moved by Councillor Murphy

                                                                                   Seconded by Councillor Gordon

WHEREAS on June 2, 2009 by Resolution No. 09-036 Council approved in principle an application to close and convey shore road allowance in front of Concession 5, Pt Lot 36, Plan PSR-289 Part 4, Parcel 17417 SS, described as Option #3 as amended.  Applicants: Daniel & Edith Verite, 18 Poacher’s Point Rd.;

AND WHEREAS Council has since amended the Shore Road Allowance policy of May 2008 to allow the sale of shore road allowance that abuts Type 1 fish habitat;

 

THEREFORE BE IT RESOLVED that Council amend the original resolution and agree to open a file, SRA 2008-7, being an application to close and convey the entire shore road allowance in front of Concession 5, Pt Lot 36, Plan PSR-289 Part 4, Parcel 17417 SS.

Carried.

          SHORE ROAD ALLOWANCE APPLICATION SRA 2011-5

          APPLICANT:  REINHARD MUHS, 235 BLIND BAY COTTAGERS RD

11-071                                                                        Moved by Councillor Larson

                                                                                   Seconded by Councillor Gordon

NOW THEREFORE BE IT RESOLVED that Carling Council agree to open a file, SRA 2011-5 being an application to close and convey shore road allowance in front of Plan M154 Lot 5, Parcel 9400 SS, and that the shore road allowance to be closed and conveyed be declared surplus pursuant to Property Disposal By-law No. 95-10.  Applicant: Reinhard Muhs, 235 Blind Bay Cottagers Rd.

Carried.

          SHORE ROAD ALLOWANCE APPLICATION SRA 2011-6

          APPLICANT:  EINO TIKKANEN, 18 INVERLOCHY RD. E.

11-072                                                                        Moved by Councillor Larson

                                                                                   Seconded by Councillor Gordon

NOW THEREFORE BE IT RESOLVED that Carling Council agree to open a file, SRA 2011-6 being an application to close and convey shore road allowance in front of Con 1, Pt Lot 25, Plan PSR 1027, Parcel 12661 SS Georgian Bay, and that the shore road allowance to be closed and conveyed be declared surplus pursuant to Property Disposal By-law No. 95-10.  Applicant:  Eino Tikkanen, 18 Inverlochy Rd. E.

Carried.

7.         REPORT OF THE CHIEF ADMINISTRATIVE OFFICER

No Report submitted.

8.        REPORT OF THE COMMITTEES

Councillor Murphy reported on the Museum Board and its exploration of a variety of funding opportunities.

Councillor Murphy reported that the Parry Sound Library Board is conducting a search for a new CEO.

Councillor Murphy reported that the Belvedere is in discussions with the College regarding the current training program and the standards for Personal Support Workers.

Councillor Murphy also reported on her attendance at the F.O.N.O.M. conference held in Timmins and the concern to ensure that Parry Sound District remains as being designated in the North.

Councillor Gordon reported that the next Park to Park Trail committee meeting is in July.

Councillor Gordon reported that at the Planning Board three applications were from Carling and all were approved.

Councillor Larson reported on his attendance at the REDAC meeting and gave Council his impression on the various activities being undertaken by Board and staff.

Mayor Harrison reported on the Industrial Park and the Boards rejection of a proposal from a potential solar farm business looking at locating in the Park.

Mayor Harrison reported on the Recreation Committee and the potential fundraising activities that maybe forthcoming for the Woodard family.

Mayor Harrison reported on his attendance at the 90th Birthday celebration of Don Christie a long-time Carling resident.

9.         CORRESPONDENCE

            COUNCIL CORRESPONDENCE

11-073                                                                        Moved by Councillor Gordon

                                                                                   Seconded by Councillor Larson

NOW THEREFORE BE IT RESOLVED that Council receives the June, 2011 Council Correspondence listing.

Carried.

10.       OTHER BUSINESS

            THE CORPORATION OF THE UNITED TOWNSHIPS OF HEAD, CLARA & MARIA

Municipal Elections Act, Section 80

11-074                                                                        Moved by Councillor Gordon

                                                                                   Seconded by Councillor Murphy

WHEREAS Section 43 of the Election Finances Act, governing the financial reporting requirements for members of the Ontario parliament provides for a 60 day period following the announcement of non-compliance by a member to comply with the reporting requirement prior to the seat being declared vacant;

AND WHEREAS Section 80 of the Municipal Elections Act sets out the penalty to municipal election candidates who have not complied with the financial reporting requirements provides for the automatic vacancy of the seat on Council and the candidate being deemed to be ineligible to be elected or appointed to any position covered by the Municipal Elections Act until after the next municipal election;

AND WHEREAS there is a discrepancy in the standard to which elected representatives are being held to between the provincial and municipal levels in relation to the penalty for non-compliance for election financial reporting;

AND WHEREAS the penalty to municipal candidates appears to be far beyond what would appear to be fair and reasonable, considering that the sentence could amount to 8 years of ineligibility to be elected or appointed;

NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Carling supports the position of the Corporation of the United Townships of Head, Clara & Maria and strongly requests;

THAT the Province of Ontario immediately amend the Municipal Elections Act to ensure that municipal representatives and candidates are held to the same standard as their provincial counterpart with regard to the penalties applicable for non-compliance to the election financial reporting requirements;

AND FURTHER THAT a copy of this resolution to be forwarded to the Association of Municipalities of Ontario, and to all Ontario municipalities for support and circulation.

Carried.

           TOWNSHIP OF SEGUIN

           Proposed Retirement of Firefighters Age 60

11-075                                                                        Moved by Councillor Gordon

                                                                                   Seconded by Councillor Larson

WHEREAS the Ontario Provincial Legislature has introduced legislation allowing for the mandatory retirement of Firefighters over the age of 60;

AND WHEREAS the impact of such legislation will have an immediate and significant impact on the ability of Carling Township Fire Services to maintain and supervise their municipal fire force;

THEREFORE BE IT RESOLVED THAT the Council of the Township of Carling believe that the proposed legislation as it currently exists is not in the best interest of the municipality and recommends that the Government of Ontario needs to identify the impacts, consequences and costs of this proposed legislative change.  We ask the Government of Ontario to conduct the appropriate analysis and to consult with the municipal employers and the Ontario Association of Fire Chiefs prior to taking any legislative action;

AND FURTHER THAT this resolution be forwarded to the Minister of Community Safely and Correctional Services the Honourable James Bradley; Minister of Labour Charles Sousa; the Office of the Fire Marshall; M.P.P. Norm Miller; the Ontario Association of Fire Chiefs; the Association of Municipalities of Ontario (AMO) and all West Parry Sound municipalities.

Carried.

          WATER QUALITY COMMITTEE

11-076                                                                        Moved by Councillor Murphy

                                                                                   Seconded by Councillor Gordon

NOW THEREFORE BE IT RESOLVED THAT upon recommendation of the Water Quality Committee Council appoint Linda Gibson and Jim Bunsch to the Water Quality Committee.

Carried.

           TOWNSHIP OF PERRY

Green Energy and Green Economy Act

11-077                                                                        Moved by Councillor Murphy

                                                                                   Seconded by Councillor Gordon

WHEREAS the Green Energy and Green Economy Act, 2009 made amendments to the Planning Act, most notably the addition of a new section 62.0.02, which exempts renewable energy projects from most land use planning instruments under the Planning Act, including municipal official plans and zoning, site plan control, interim control by-laws, thus eliminating the need for a property owner proposing a renewable energy project to seek an official plan or zoning by-law amendment, among other matters;

AND WHEREAS Council recognizes the importance of the Green Energy and Green Economy Act, 2009, however, Council is sensitive regarding the impact such installations could have on adjacent property owners who will be in close proximity to such proposed solar systems;

NOW THEREFORE BE IT RESOLVED that the Council for the Township of Carling hereby supports the Township of Perry’s resolution with respect to petitioning the Government of Ontario through the Minister of Energy and Infrastructure to reconsider the provision of the Green Energy and Green Economy Act, 2009 and to address the provisions having regard for the negative impact created by the installation of ground mounted solar systems within residential and commercial areas in municipalities;

AND FURTHER BE IT RESOLVED that recreational properties also be included in any proposed revised provision, and that copies of this resolution be forwarded to A.M.O. and F.O.N.O.M. for endorsement.

Carried.

          TOWNSHIP OF NORTH STORMONT

Wildfires in Slave Lake, Alberta

11-078                                                                        Moved by Councillor Larson

                                                                                   Seconded by Councillor Murphy

NOW THEREFORE BE IT RESOLVED THAT Council of the Township of Carling support the position of the Township of North Stormont and authorize a donation of $100.00 to the Town of Slave Lake to help compensate them in their recent fire;

AND FURTHER THAT the resolution be forwarded to all Ontario municipalities and that they be asked to match this donation.

Carried.

          TOWNSHIP OF SEGUIN

2013 Federation of Northern Ontario Municipalities (FONOM) Conference

11-079                                                                        Moved by Councillor Gordon

                                                                                   Seconded by Councillor Murphy

NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Carling supports the submission of a proposal for the West Parry Sound Municipalities to host the 2013 Federation of Northern Ontario Municipalities (FONOM) Conference in May, 2013 (exact dated to be determined);

AND FURTHER THAT a copy of this resolution be forwarded to all West Parry Sound Municipalities for support.

Carried.

11.       BY-LAWS

            RECREATION COMMITTEE BOTTLE COLLECTION AGREEMENT

            Killbear Landfill Site

2011-19                                                                     Moved by Councillor Gordon

                                                                                  Seconded by Councillor Murphy

THAT By-law Number 2011-19, being a By-law to enter into an agreement with the Carling Recreation Committee for the placement of a storage container at the transfer station for the purposes of the collection and storage of empty refundable bottles, be read and finally passed in Open Council this 13th day of June, 2011.

Carried.

            NOBEL ADVISORY COUNCIL BOTTLE COLLECTION AGREEMENT

            Carling Bay Transfer Station

2011-20                                                                     Moved by Councillor Larson

                                                                                  Seconded by Councillor Murphy

THAT By-law Number 2011-20, being a By-law to enter into an agreement with the Nobel Advisory Council for the placement of a storage container at the transfer station for the purposes of the collection and storage of empty refundable bottles, be read and finally passed in Open Council this 13th day of June, 2011.

Carried.

            SET TAX RATIOS FOR MUNICIPAL PURPOSES

2011-21                                                                     Moved by Councillor Gordon

                                                                                  Seconded by Councillor Larson

THAT By-law Number 2011-21, being a By-law a Set Tax Ratios for Municipal Purposes for the year 2011, be read and finally passed in Open Council this 13th day of June, 2011.

Carried.

            ESTABLISH THE CAPPING PARAMETERS FOR 2011 FINAL TAXES

2011-22                                                                     Moved by Councillor Murphy

                                                                                  Seconded by Councillor Larson

THAT By-law Number 2011-22, being a By-law to establish the capping parameters for the 2011 final taxes for the commercial and industrial classes, be read and finally passed in Open Council this 13th day of June, 2011.

Carried.

           SET AND LEVY THE RATES OF TAXATION

2011-23                                                                     Moved by Councillor Murphy

                                                                                  Seconded by Councillor Larson

THAT By-law Number 2011-23, being a By-law to Set and Levy the Rates of Taxation for Municipal Purposes for the Year 2011, be read and finally passed in Open Council this 13th day of June, 2011.

Carried.

           FUNDING AGREEMENT FOR ASSET MANAGEMENT PROGRAM (AMP) PROJECT

2011-24                                                                     Moved by Councillor Larson

                                                                                  Seconded by Councillor Murphy

THAT By-law Number 2011-24, being a By-law to authorize the Mayor and the CAO to execute the Funding Agreement for Asset Management Program (AMP) Project between the Ministry of Agriculture, Food and Rural Affairs and the Corporation of the Township of Carling, be read and finally passed in Open Council this 13th day of June, 2011.

Carried.

13.       CONFIRMING BY-LAW

2011-25                                                                     Moved by Councillor Gordon                                                                                                                            

                                                                                  Seconded by Councillor Murphy

THAT By-Law Number 2011-25, being a Confirming By-Law, be read and finally passed in Open Council this 13th day of June, 2011.

Carried.

14.       ADJOURNMENT 

11-080                                                                        Moved by Councillor Murphy

                                                                                   Seconded by Councillor Larson

NOW THEREFORE BE IT RESOLVED that the Regular Meeting of Council be adjourned at 8:38 p.m. 

Carried. 

TOWNSHIP OF CARLING

___________________ _                                              ___________________________

Gord Harrison, Mayor                                                                       Stephen P. Kaegi, CAO/Clerk

2 West Carling Bay Road
Nobel, Ontario
P0G 1G0

P - 705 342 5856
F - 705 342 9527

8am-4pm Monday - Friday