Report on Council: June 30, 2014

June 30, 2014
Committee of the Whole Meeting: 9:00 am –12:01pm
Confidential Closed Session: 12:42pm-1:07pm
Regular Meeting: 7:09pm-7:58pm
Deputy Mayor Lawrence, Councilors Warren, Wishart, Claire

Ms. Paulette Wentzell Zonina By-law Amendment to Permit Chickens in Residential Zone
The Committee reviewed an oral submission dated June 16, 2014, from
Ms. Paulette Wentzell, regarding a request to amend Zoning By-law 06-001 to
allow chickens for egg consumption in residential areas.
The Committee recommended that the request be denied as Zoning By-law 06-001
as amended, clearly indicates that chickens are not permitted in residential zones. It
was noted that over the years there have been several inquiries about permitting
chickens in residential areas to which staff have responded consistently with the
Township zoning by-law. Her request was denied.

Mr. David Reid/Culvert/314 Peek-A-Boo Trail
The Committee reviewed an oral submission request dated June 24, 2014, from
Mr. David Reid, regarding the culvert at 314 Peek-A-Boo Trail. By way of background, a complaint was made about a neighboring driveway on Peek-A-Boo Trail to which staff responded. Upon investigation staff discovered that Mr. Reid’s driveway posed a similar problem at which time he was notified to remove the driveway and culvert.
The Committee voted to deny the oral submission request.

Mr. David Stiglick/Quest Collegiate Recovery Centres
The Committee reviewed an oral submission request dated June 24, 2014, from
Mr. David Stiglick, regarding public awareness and the economic benefits of Quest
Collegiate Recovery Centres.
Quest Collegiate Recovery Centres has leased Wyebridge Public School and is currently working with the Planning Department regarding zoning compliance matters. There is a stop work order until it is determined whether they comply with zoning for an educational facility. Doug Luker is working with the legal team to determine if they qualify as a public education institute. They don’t have public funding. The Manager of Planning and Development is in discussions with them. The Committee voted to defer the oral submission request pending a staff report on the matter.

Amendment to Tiny Trail By-law/Prohibiting ATVs on Tiny Trail
The Committee considered Clerk’s Report CR-020-14 dated June 30, 2014, from
Steven Harvey, Chief Municipal Law Enforcement Officer, regarding an amendment
to Tiny Trail By-law 03-053 to prohibit the use of ATVs on the Tiny Trail. In 2013 there were 8 motorized vehicular charges for dirt bike bylaw infractions and 1 so far this year.
Council voted to present for formal consideration By-law 14-042; to amend Tiny Trail By-law 03-053 and prohibit the use of ATVs on the Tiny Trail.

Development Charges
The Committee considered Treasury Report TR-009-14, dated June 25, 2014, from
Doug Taylor, Manager of Administrative Services/Treasurer and Shawn Persaud,
Manager of Planning and Development, regarding the Development Charges By-law.
Through a recent building permit application it came to staff’s attention that
Development Charges By-law 10-029 provides that development charges apply to
new farm buildings (non-residential). The previous Development Charges By-law
provided for an exemption on lots used for agriculture purposes. The current by-law removed this exemption in error.
The Committee recommended that the current Development Charges By-law 10-
029 be amended to include an exemption of the development charges for lots used
for agricultural use and that deferral agreements be implemented as required.
Staff brought forward a draft resolution at the Regular Meeting for formal consideration.
Council voted to direct staff to commence the process of amending the Development Charges By-law 10-029 to insert an exemption for the application of development charges on lots that are being used for agricultural use; and direct staff to prepare a Deferral Agreement with the building permit applicant.

Great Lakes St. Lawrence Cities Initiative Conference
Councilor Wishart noted that he and Keith Sherman, Executive Director, Severn
Sound Environmental Association, attended the recent GLSLCI Conference in
Thunder Bay. Councilor Wishart indicated that a written report on the conference
would be forthcoming and that the transportation of oil goods was a concern.
There is a 60 year old pipe running from Sault Saint Marie over the land between Lakes Michigan and Huron. It is in varying stages of decay yet it is still in use. All pipelines should be double walled. The serious leaks are the slow ones because they pollute a larger area. A system is needed to detect leaks quickly.

Extension of Concession 6 West
The Committee reviewed Public Works Report PWR-18-14, from Mr. Henk Blom, Manager of Public Works, regarding a road extension agreement for Concession 6 West and a transfer of easement between the Township and Liliya Mokrivska. The Township is in receipt of a request to extend Concession 6 West to accommodate the construction of a home on the north half of Lot 20, Concession 5 fronting the road allowance between Concession 5 and 6 (Concession 6 West). Currently a Holding provision exists on the property. This provision may be removed on a portion of the property subject to the construction of an access road. The proposed road extension agreement and transfer of easement permits the creation of a road extension and T turnaround along with one easement parcel for road purpose.
Council voted to receive PWR 18-14 and present for formal consideration a bylaw to authorize a Road Extension Agreement and Easement between Tiny and Lillya Mokrivska.

Davy Lane Erosion — Property Ownership
The Committee considered Public Works Report PWR-19-14 from Henk Blom, Manager of Public Works, regarding the Davy Lane erosion and property ownership. The road has been owned by the Township since 1949 when it was a cottage/recreational area. Now people require access all year round. The problem is flash flooding from Halls Creek which meanders through beach sand. The flooding erodes the banks of Hall Creek. Public Works had engineers figure out the cheapest way to address the creek and provide erosion protection. A title search was completed to determine the ownership of the lands adjacent to the Davy Lane road (Reserve and Creek lands) as the walls to secure the road need to be constructed on municipally owned property given the value of the work and the requirement for monitoring and maintenance. It was determined that both parcels are owned by the subdivider’s estate. In order to correct the slope failure, it is recommended that the construction works take place within the reserve and creek lands. As a result, staff would require authorization to negotiate the purchase of the lands. There is a concern for the cost of $321,420 to buy the four properties but the township is obligated to maintain the road. Townships need to prepare budgets that deal with the costs of extreme weather events.
Council authorized proceeding with a survey of the Reserve and Creek Lands in Plan 907, sufficient to protect the Township interest in the 20 foot right of way known as Davy Lane serving Lots 9 to 12 inclusive; and that staff be authorized to negotiate the purchase of the lands from the owner(s) and/or owner’s estate and that funds in the amount of $12,500 be taken from the Capital Expenditure Reserve for survey and legal costs.

Wyebridge Draining Update
The Committee considered a memorandum from Henk Blom, Manager of Public Works, regarding an update on the Wyebridge drainage remediation in follow-up to a request for an oral submission from Mr. Guthrie. Staff met with Mr. Guthrie on June 16, 2014, at which time Mr. Guthrie indicated that he does not want ditches constructed in front of his property along Marsh Lane. Mr. Guthrie proposed a road crossing culvert directly at the lot line of Lots 12/16 on Marsh Lane to take the water to the south side of the road. Upon investigation by staff it was determined that the original solution of placing ditches on both sides of Marsh Lane from Highway 93 to Wye Drive is the most appropriate solution.
Council voted to grant Mr. Guthrie’s request for an oral submission.

Severn Sound Habitat Mapping Project
Severn Sound Environmental Association requested support for the Huronia Community Foundation Application to the Ontario Trillium Fund Community Fund for the Severn Sound Habitat Mapping Project.
Council voted to support the project and directed staff to send the appropriate letter to the Ontario Trillium Foundation.

Access Assumption/Concession 19 West
Mr. Leger Gerald Robitaille requested an opportunity to make an oral submission to Council. Council deferred the matter until they received a staff report. Council received Confidential Planning and Development Report PD-042-14, dated June 20th, 2014, from Shawn Persaud, Manager of Planning & Development. Council voted to deny the request by Mr. Leger Gerald Robitaille to make an oral submission and support the Township policy that unassumed roads must be constructed to municipal engineering standards at the sole cost of the property owner in order to obtain a building permit.