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The Corporation of the Township Carling

M I N U T E S
REGULAR MEETING OF COUNCIL
Monday, July 13, 2015
Council Chambers
2 West Carling Bay Rd., Nobel, Ontario

 

Council Members Present:  Mayor: Mike Konoval

Councillors:  Steven Crookshank, Terry Gilbert, Susan Murphy, Gord Harrison

Staff Present:    Donna Besman, CAO/Clerk
                         Maryann Weaver, Deputy Clerk/Planning Assistant
                         Joe Ryman, Public Works Superintendent
                         Doug Vock, Chief Building Official

1.    CALL TO ORDER

Mayor Konoval called the meeting to order at 7:00pm.

2.    PUBLIC MEETING

      ZONING BY-LAW AMENDMENT C514-2015
      Owner:  Fred & Elfriede Biemann
      Property Location:    11 Beacon Point Rd. & 12 Dent Rock Cres.
    
Mayor Konoval called the public meeting to order and read out the purpose and the effect of the by-law as set out below.
    
The purpose of the proposed zoning by-law amendment is to rezone the retained lands located on Lot 3 on Plan 42M-606 from the Waterfront Residential 1 (WF1) Zone to the Waterfront Residential 1 Exception 77 Holding (WF1-77-H) Zone, and to rezone the benefitting lands located on Concession C & D, Pt Lot 15, Parts 15 & 17 on Plan PSR-1957, Part 1 on Plan 42R-2507, Part 3 on Plan 42R-8873 to add further exception to the lands currently zoned WF1-48.

The effect of Special Exception (WF1-77-H) would allow for a minimum 57 metres of frontage and include the addition of an ‘h’ holding symbol, to be removed upon the approval of a site plan agreement.
The effect of the additional Special Exception WF1-48 would allow for a minimum 58 metres of frontage.

The Deputy Clerk advised Council that the notice requirements of the Planning Act had been met and that one letter of objection had been received in the municipal office with respect to the proposed rezoning.

The Mayor asked if there was anyone present who wished to address council with respect to the proposed by-law.

Harry Hassall, owner of Lot 2 on Beacon Point Rd., addressed Council in regard to the issue of drainage and the flooding problems that occur on this lot.  He requested that the Biemanns be required to have a full engineering study done.

Mayor Konoval declared this public meeting closed.

      ZONING BY-LAW AMENDMENT C515-2015
      Owner:  Avalon Properties Ltd.
      Property Location:    1 Inverlochy Rd.
    
Mayor Konoval called the public meeting to order and read out the purpose and the effect of the by-law as set out below.

The purpose of the proposed zoning by-law amendment is to rezone the lands comprising the former Inverlochy Resort lands on Deep Bay and found on Part of Lots 25, 26 in Concession 1 and Lot 25, Concession 2 to a number of site specific exception zones.

The effect of the proposed zoning by-law amendment is to implement a vacant land condominium that consists of 14 waterfront lots (units); 8 rural lots (units) and a common unit lot.

The Deputy Clerk advised Council that the notice requirements of the Planning Act had been met.  No objections have been received in the municipal office with respect to the proposed rezoning.

The Mayor asked if there was anyone present who wished to address council with respect to the proposed by-law.

Jim Dunnigan spoke to Council about his concern that the elimination of the common element in front of the proposed units would create waterfront lots with very small lot frontages.

Joe Caccamo was in attendance and explained the reasons for eliminating a portion of the common area. He explained that the proposed amendment would not affect the frontage of the approved waterfront lots.  Mr. Caccamo also answered some questions from the audience with regards to docks.

Mayor Konoval declared the public meeting closed.

      ZONING BY-LAW AMENDMENT C516-2015
      Owner:  Robert Parr & Margaret Jennings
      Property Location: Island 256C, Westyle Island

Mayor Konoval called the public meeting to order and read out the purpose and the effect of the by-law as set out below.

The purpose of the proposed zoning by-law amendment is to rezone Island 256C – Westyle Island from the Waterfront Residential 2 (WF2) Zone to Waterfront Residential 2 Exception Zone.
 
The effect of the proposed zoning by-law amendment is to recognize the existing lot coverage on the island that exceeds the total allowable but permits the total coverage to continue regardless of how the buildings may be reconfigured in the future so long as the total number of buildings and the total lot coverage are not exceeded.

The Deputy Clerk advised Council that the notice requirements of the Planning Act had been met.  No objections have been received in the municipal office with respect to the proposed rezoning.

The Mayor asked if there was anyone present who wished to address council with respect to the proposed by-law.

Mr. Parr was present to answer questions and address concerns.

Mayor Konoval declared the public meeting closed.

3.    MINUTES OF THE PREVIOUS MEETING

    Regular Meeting Of Council

15-098                        Moved by Councillor Harrison
                            Seconded by Councillor Murphy
    
NOW THEREFORE BE IT RESOLVED that the Minutes of the Regular Meeting of Council held on June 15, 2015, be approved.

                            Carried.

   Committee Of The Whole

15-099                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED that the Minutes of the Committee of the Whole held on June 5, 2015, be approved.

                            Carried.

    Closed Session Meeting Minutes – June 2, 2015

15-100                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED that the Closed Session Meeting Minutes held on June 2, 2015, be approved.

                            Carried.

    Closed Session Meeting Minutes – June 5, 2015

15-101                        Moved by Councillor Harrison
                            Seconded by Councillor Murphy

NOW THEREFORE BE IT RESOLVED that the Closed Session Meeting Minutes held on June 5, 2015, be approved.

                            Carried.

     Closed Session Meeting Minutes – July 3, 2015

15-102                        Moved by Councillor Murphy
                            Seconded by Councillor Harrison

NOW THEREFORE BE IT RESOLVED that the Closed Session Meeting Minutes held on July 3, 2015, be approved.

                            Carried.


     Water Access Committee

15-103                        Moved by Councillor Harrison
                            Seconded by Councillor Crookshank

NOW THEREFORE BE IT RESOLVED that the Minutes of the Water Access Committee held on June 8, 2015, be received.

                            Carried.

4.    SHORE ROAD ALLOWANCES

    Shore Road Allowance Application
    Applicant:  Susan Derry
    Agent:  Rick Quinn, Quinn’s Construction
    Property Location:  33 Walton’s Pool Rd.

15-104                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED That Carling Council agree to open a file, SRA 2015-3 being an application to close and convey the shore road allowance in front of Plan M147, Lot 1, and that the shore road allowance to be closed and conveyed be declared surplus pursuant to Property Disposal By-law No. 95-10.  Applicants:  Susan Derry, 33 Walton’s Pool Rd.

                            Carried.

5.    REPORT OF THE CHIEF ADMINISTRATIVE OFFICER

15-105                        Moved by Councillor Gilbert
                            Seconded by Councillor Murphy

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

                            Carried.

6.    REPORT OF THE COMMITTEES

Councillor Crookshank reported that he attended the Pengally Bay Association Annual Meeting and conveyed that the Councillors reports were well received by the association members.

Councillor Gilbert reported that the Parry Sound Area Planning Board has been very busy but are now off for the summer, unless a meeting is required.

Councillor Murphy reported that she attended a Community Stewardship Workshop hosted by a
Carling resident at his waterfront property.  The workshop was presented by the Georgian Bay
Biosphere Reserve.  The workshop was filmed for an episode on How to Develop your Property.

Mayor Konoval reported that it had been 20 years since the amalgamation of the two hospitals, and
he had attended a celebration at the West Parry Sound Health Centre to mark this event.

Mayor Konoval advised Council that the Celebrate Carling event will be held on Saturday, September 12, 2015 at the Carling Recreation Hall.

7.    COUNCIL CORRESPONDENCE

15-106                        Moved by Councillor Murphy
                            Seconded by Councillor Harrison

NOW THEREFORE BE IT RESOLVED that Council receives the June 2015 Council Correspondence listing.

                            Carried.

8.    OTHER BUSINESS

Frank Fernandez, Stop The Nuclear Dump. Nuclear Waste Repository

15-107                        Moved by Councillor Murphy
                            Seconded by Councillor Harrison

WHEREAS Ontario Power Generation is proposing to construct an underground long-term burial facility for all of Ontario’s low and intermediate level radioactive nuclear waste at the Bruce Nuclear Generating Station, some of which is highly radioactive and will remain toxic for over 100,000 years. This site is approximately one kilometre inland from the shore of Lake Huron and about 400 metres below the lake level; and

WHEREAS water is Canada’s most important resource and should be protected and managed prudently; and

WHEREAS the Great Lakes are vital to the economic and agricultural well-being to both Canada and the United States of America; and

WHEREAS Lake Huron and the connecting waters, including Lake St. Clair, are a source of drinking water for millions of people downstream in Canada, the United States of America and First Nations; and

WHEREAS concern has been expressed by individuals, citizen and environmental groups and municipalities and counties in both Canada and the United States; and

WHEREAS under the 2012 Protocol Amending the Agreement Between Canada and the United States of America on Great Lakes Water Quality, the governments of Canada and the United States acknowledge the importance of anticipating, preventing and responding to threats to the waters of the Great Lakes; and

WHEREAS the Governments of Canada and of the United States share a responsibility and an obligation to protect the Great Lakes from contamination from various sources of pollution, including the leakage of nuclear waste from an underground nuclear waste repository; and

WHEREAS placing a permanent nuclear waste burial facility so close to the Great Lakes is ill-advised. The potential damage to the Great Lakes from any leak or breach of radioactivity far outweighs any suggested economic benefit that might be derived from burying radioactive nuclear waste at this site. The ecology of the Great Lakes, valuable beyond measure to the health and economic well-being of the entire region, should not be placed at risk by storing radioactive nuclear waste underground so close to the shoreline;

NOW THEREFORE BE IT RESOLVED that the Council for the Township of Carling, in order to protect the Great Lakes and its tributaries, urges that neither this proposed nuclear waste repository at the Bruce Nuclear Generating Station nor any other underground nuclear waste repository be constructed in the Great Lakes Basin, in Canada, the United States, or any First Nation property.

BE IT FURTHER RESOLVED that the Council for the Township of Carling urges the Government of Canada and the Government of Ontario to reject (and seek alternatives to) Ontario Power Generation’s proposal to bury radioactive nuclear waste in the Great Lakes Basin.

BE IT FURTHER RESOLVED that copies of this resolution be provided to Ontario Premier Kathleen Wynne, Prime Minister Stephen Harper, the Federal Minister of the Environment Leona Aglukkaq, Parry Sound-Muskoka M.P.P. Norm Miller, Parry Sound-Muskoka M.P. Tony Clement, the West Parry Sound Area Municipalities, Wasauksing, and Shawanaga First Nations and the Great Lakes and St. Lawrence Cities Initiative.

                            Defeated.

2015-2016 Christmas Hours For Municipal Office And Waste Sites

15-108                        Moved by Councillor Murphy
                            Seconded by Councillor Harrison

NOW THEREFORE BE IT RESOLVED that Carling Council approves the 2015-2016 Christmas Holiday hours for the Municipal Office and Carling and Killbear Waste Sites, as circulated.

                            Carried.

Results of Request for Quotations – 50hp Yamaha Motor

15-109                        Moved by Councillor Murphy
                            Seconded by Councillor Harrison

NOW THEREFORE BE IT RESOLVED that upon the recommendation of the Public Works Superintendent, Council for the Township of Carling accepts the quotation for the purchase of (1) 2015 50hp Yamaha 4 stroke outboard motor from Payne’s Marina to include the trade-in allowance of $2,000.00 for the 75hp Mercury motor for the sum of $8,375.00 with HST being $1,088.75 for the total sum of $9,463.75.  This being the lower of two tenders received.

                            Carried.

Results of Tender Opening – Roadside Cutting

15-110                        Moved by Councillor Harrison
                            Seconded by Councillor Murphy

NOW THEREFORE BE IT RESOLVED that upon the recommendation of the Public Works Superintendent, Council for the Township of Carling accepts the tender from Helmkay Excavating for roadside cutting services in the amount of $4,400 with HST being $572.00 for a total tendered price of $4,972.00, this being the lowest of 2 tenders received.

                            Carried.

Results of Tender Opening – Supply, Delivery, Stockpile Winter Sand

15-111                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED that upon the recommendation of the Public Works Superintendent, Council for the Township of Carling accepts the tender from Fowler Construction for the supply, delivery, stockpiling of 2500 tonnes of winter sand which includes the supply, delivery and mixing of salt for a tendered price of $59,150.00 with HST being $7,689.50 for a total tender price of $66,839.50 this being the only tender received from 5 tender notices sent out.

                            Carried.

Water Access Committee – Recommendations

15-112                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED that Carling Township Council approve the recommendation from the Water Access Committee to create temporary resident parking along the south side of Dillon Rd. between Corduroy Bay Rd. and Parker Lane.

                            Withdrawn.

15-113                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED that Carling Township Council approve the recommendation from the Water Access Committee for a new kayak/canoe dock and appropriate signage at Snug Harbour Dock, similar to Dillon Cove.

                                    Deferred to September 4, 2015.

Application To Ministry Of Natural Resources For Filling
Applicant:  Ken Havens
4 Christie Rd.

15-114                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED that Carling Township Council advise the Ministry of Natural Resources that they have no objection to the proposed application for filling submitted by Ken Havens.(4 Christie Rd.)

                            Carried.

Removal of the Culvert on Wawanaisa Rd., Bert Reekie - Discussion

    Staff requested clarification from Council on previous direction that was given with regard to     the culvert on Wawanaisa Rd.  Staff reported to Council that the ditching is complete, that one     end of the culvert was plugged with gravel and the flow of water has stopped.   Council     directed staff to leave the culvert in place for now, should any water start to flow then the     culvert is to be blocked with cement and the culvert is to be removed when the road is     reconstructed.

Bonnie Fisher.  Burial fees for Helen Crawford

15-115                        Moved by Councillor Murphy
                            Seconded by Councillor Harrison

NOW THEREFORE BE IT RESOLVED that Carling Township Council authorize the interment fee for the burial of Helen Crawford to be charged under a Carling resident fee in the amount of $141.25.

                            Carried.

SmartCo. WPS Inc.

15-116                        Moved by Councillor Murphy
                            Seconded by Councillor Harrison

WHEREAS the West Parry Sound SMART Community Committee has been working on the SMART Initiative for approximately three years as a volunteer subcommittee of the Regional Economic Development Advisory Committee.
AND WHEREAS the SMART Community Initiative’s key objective is to define and develop a Broadband Strategy to deliver affordable ultra-high speed connectivity throughout the West Parry Sound Area and to provide leadership for the adoption of SMART applications, processes, and initiatives that leverage the Broadband to create economic and social value for West Parry Sound.
AND WHEREAS affordable ultra-high speed connectivity is a high priority to the Corporation of the Township of Carling.
AND WHEREAS the Corporation of the Township of Carling passed Resolution No. 14-068, which supported in principle several SMART Community Committee recommendations.
AND WHEREAS one such recommendation was the preparation of the necessary documents to establish SMARTCO WPS as a Not-For-Profit Corporation, such documents to be to the satisfaction and approval by the area Municipal Partners.
AND WHEREAS the SMART Community Committee has since prepared and circulated to the Corporation of the Township of Carling and the other area Municipal Partners the necessary documents to establish WPS SMARTCo. Inc. as a not-for-profit corporation under the Ontario Corporations Act, R.S.O. 1990, Chap. C.38.
AND WHEREAS, pursuant to such incorporation documents, the Corporation of the Township of Carling and the other area Municipal Partners will each be entitled to one membership for a representative individual in WPS SMARTCo. Inc.
THEREFORE BE IT RESOLVED THAT the Corporation of the Township of Carling:
1.    Is satisfied by and approves the documents prepared by the SMART Community Committee to establish WPS SMARTCo. Inc. as a not-for-profit corporation under the Ontario Corporations Act; and
2.    Consents to the SMART Community Committee taking the necessary steps to incorporate WPS SMARTCo. Inc. as a not-for-profit corporation under the Ontario Corporations Act.

                            Carried.

9.    BY-LAWS

    Entry Permit – Township Unopened Road Allowance


2015-28                        Moved by Councillor Gilbert
                            Seconded by Councillor Crookshank

Being a By-law to Authorize the CAO/Clerk to execute an Agreement with Henvey Inlet Wind LP and Henvey Inlet Wind GP Inc., to permit entry to unopened township road allowances.

                            Deferred to August 17th, 2015.

    Parry Sound Library Board Agreement

2015-29                        Moved by Councillor Murphy
                            Seconded by Councillor Harrison

That By-law Number 2015-29, being a By-law to Authorize the CAO to execute an Agreement between the Parry Sound Public Library Board and The Township of Carling be read and finally passed in Open Council this 13th day of July, 2015.

                            Carried.

10.    CLOSED MEETING

15-117                        Moved by Councillor Crookshank
                            Seconded by Councillor Harrison

NOW THEREFORE BE IT RESOLVED that Council move into a CLOSED MEETING at 8:55 p.m., pursuant to Section 239(2)(b) of the Municipal Act, 2001,S.O. 2001, c.25, as amended, personal matters about an identifiable individual, including municipal or local board employees:

    1.    Acting Assignment
    2.    Performance Review

                            Carried.

    OPEN MEETING

15-118                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED that Council move out of a CLOSED MEETING at 9:22 p.m.

                            Carried.

11.    CONFIRMING BY-LAW

2015-30                        Moved by Councillor Gilbert
                            Seconded by Councillor Crookshank

That By-law Number 2015-30, being a By-law to confirm the proceedings of the Regular Meeting of Council held on July 13, 2015 be read and finally passed in Open Council this 13th day of July, 2015.

12.    ADJOURNMENT

15-119                        Moved by Councillor Crookshank
                            Seconded by Councillor Gilbert

NOW THEREFORE BE IT RESOLVED that the Regular Meeting of Council be adjourned at 9:23 p.m.

                            Carried.

TOWNSHIP OF CARLING

 

___________________________        ___________________________
Mike Konoval, Mayor                          Donna Besman, CAO/Clerk