corporation of the county of prince edward

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CORPORATION OF THE COUNTY OF PRINCE EDWARD December 17, 2007 Shire Hall, Picton A meeting of Prince Edward County Council was held on December 17, 2007 at 7:30 p.m. in Shire Hall with the following members present: Mayor Leo P. Finnegan Ward 1 (Picton) Councillor Laverne Bailey Ward 1 (Picton) Councillor Bev Campbell Ward 2 (Bloomfield) Councillor Barry Turpin Ward 3 (Wellington) Councillor Peter Mertens Ward 4 (Ameliasburgh) Councillor Sandy Latchford Ward 4 (Ameliasburgh) Councillor Dianne O’Brien Ward 4 (Ameliasburgh) Councillor Lori Slik Ward 5 (Athol) Councillor Brian Marisett Ward 6 (Hallowell) Councillor Keith MacDonald Ward 7 (Hillier) Councillor Peggy Burris Ward 8 (North Marysburgh) Councillor Ray Best Ward 9 (South Marysburgh) Councillor Monica Alyea Ward 10 (Sophiasburgh) Councillor Kevin Gale Ward 10 (Sophiasburgh) Councillor John Thompson Regrets: Ward 6 (Hallowell) Councillor Richard Parks 1. Call to Order The meeting was called to order at 7:30 p.m. Motion 2007-709 Moved by Councillor MacDonald Seconded by Councillor Gale THAT a matter be added to the agenda under new business regarding a donation to Jess Jones who has been chosen to play on Team Canada in the upcoming International Ice Hockey Federation Women’s Under 18 championships in Calgary as item 8.7. CARRIED with a 2/3 majority

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CORPORATION OF THE COUNTY OF PRINCE EDWARD

December 17, 2007

Shire Hall, Picton A meeting of Prince Edward County Council was held on December 17, 2007 at 7:30 p.m. in Shire Hall with the following members present: Mayor Leo P. Finnegan Ward 1 (Picton) Councillor Laverne Bailey Ward 1 (Picton) Councillor Bev Campbell Ward 2 (Bloomfield) Councillor Barry Turpin Ward 3 (Wellington) Councillor Peter Mertens Ward 4 (Ameliasburgh) Councillor Sandy Latchford Ward 4 (Ameliasburgh) Councillor Dianne O’Brien Ward 4 (Ameliasburgh) Councillor Lori Slik Ward 5 (Athol) Councillor Brian Marisett Ward 6 (Hallowell) Councillor Keith MacDonald Ward 7 (Hillier) Councillor Peggy Burris Ward 8 (North Marysburgh) Councillor Ray Best Ward 9 (South Marysburgh) Councillor Monica Alyea Ward 10 (Sophiasburgh) Councillor Kevin Gale Ward 10 (Sophiasburgh) Councillor John Thompson Regrets: Ward 6 (Hallowell) Councillor Richard Parks 1. Call to Order The meeting was called to order at 7:30 p.m. Motion 2007-709 Moved by Councillor MacDonald Seconded by Councillor Gale THAT a matter be added to the agenda under new business regarding a donation to Jess Jones who has been chosen to play on Team Canada in the upcoming International Ice Hockey Federation Women’s Under 18 championships in Calgary as item 8.7. CARRIED with a

2/3 majority

Council Minutes December 17, 2007 Adopted on January 14, 2008

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2. Adoption of Minutes Motion 2007-710 Moved by Councillor Thompson Seconded by Councillor Gale THAT the Council Minutes from the public meeting held on November 26, 2007 at 7:30 p.m. and the Special Council meeting held on December 10, 2007 at 12:00 p.m. be adopted as circulated. CARRIED 3. Disclosure of Pecuniary Interest and the General Nature Thereof Councillor Slik disclosed an interest with respect to item 6.2, Planning Services Motion PL-336-2007 and By-laws 9.10 and 9.11 regarding an Official Plan amendment and rezoning application by Colonel By Inn Limited (OPP Station), as the property is involved with a real estate matter owned by a family member. Councillor Slik did not take part in the discussion or vote on the matter. Councillor Bailey disclosed an interest with respect to item 6.3, Planning Services Motion PL-335-2007 and By-law 9.8 regarding a rezoning application by Sandbank Homes, as he has current business dealings with Sandbank Homes. Councillor Bailey did not take part in the discussion or vote on the matter. 4. Petitions & Communications 4.1 Minutes of the Committee of Adjustment meeting held on December 4, 2007 Motion 2007-711 Moved by Councillor Marisett Seconded by Councillor Slik THAT the minutes of the Committee of Adjustment meeting held on December 4, 2007 at 1:30 p.m. be received.

CARRIED 4.2 Minutes from the Prince Edward-Lennox & Addington Social Services Committee

from the meeting held on November 8, 2007 Motion 2007-712 Moved by Councillor Mertens Seconded by Councillor Campbell THAT the minutes of the Prince Edward-Lennox & Addington Social Services Committee from the meeting held on November 8, 2007 be received.

CARRIED

Council Minutes December 17, 2007 Adopted on January 14, 2008

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4.3 Letter from Crime Stoppers Quinte Inc. dated November 27, 2007 requesting that January 2008 be proclaimed as “Crime Stoppers Month” Motion 2007-713 Moved by Councillor Bailey Seconded by Councillor Turpin THAT the month of January 2008 be proclaimed as “Crime Stoppers Month” in the County of Prince Edward.

CARRIED 4.4 Letter from the Picton Pirates Jr. Hockey Club dated December 7, 2007 requesting that

the week of December 27, 2007 be proclaimed as “Empire B Jr. Hockey All-Star Week”

Motion 2007-714 Moved by Councillor Campbell Seconded by Councillor Bailey THAT the week of December 27, 2007 be proclaimed as “Empire B Jr. Hockey All-Star Week” in the County of Prince Edward.

CARRIED 5. Deputations 5.1 Statutory Deputations regarding the new Procedure By-law. (listed as By-law 9.1) 5.1.1 There were no deputations present regarding the new Procedure By-law. 5.1.2 Ian Inrig was not in attendance but provided a submission which was circulated to the

members of Council regarding the new Procedure By-law. 5.2 Robert Brown addressed Council regarding his consent and rezoning application for

lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell). (Planning Services Motion PL-324-2007 contained in the minutes of November 28, 2007)

5.3 Leslie Harrison addressed Council regarding her rezoning application for lands located

in Lot 203, Plan 8, Ward 3 (Wellington) and requested that her rezoning application be deferred to a future Planning meeting. (Planning Services Motion PL-330-2007 contained in the minutes of November 28, 2007)

5.4 Al Obal, on behalf of himself, Gary Brown, Sid Rodaway and Sheldon Heath

addressed Council regarding their opposition to the rezoning application for lands located in Lot 203, Plan 8, Ward 3 (Wellington). (Planning Services Motion PL-330-2007 contained in the minutes of November 28, 2007) Mr. Obal provided a copy of the presentation.

Council Minutes December 17, 2007 Adopted on January 14, 2008

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5.5 Joanne Quinn addressed Council regarding the spreading of biosolids on farmlands. (Public Works Motion PW-211-2007 as contained in the minutes of December 6, 2007), A copy of Ms. Quinn’s deputation was distributed to the members of Council and filed with the Clerk.

5.6 Achim Mohssen-Beyk, Vice President Ecological Farmers Association of Ontario

addressed Council regarding the spreading of biosolids on farmlands. (Public Works Motion PW-211-2007 as contained in the minutes of December 6, 2007) Mr. Mohssen-Beyk provided a document entitiled “Ecological Famers Association of Ontario Concerns about applying biosolids on Farmland” which was distributed to Council.

5.7 Mark Richardson, President of the National Farmers Union and John Della Bosca,

National Farmers Union member, addressed Council regarding the spreading of biosolids on farmlands and provided a PowerPoint presentation. (Public Works Motion PW-211-2007 as contained in the minutes of December 6, 2007)

5.8 Heather Lawrence a representative of the Canadian Organic Growers, Prince Edward

County/Hastings chapter was listed on the agenda but was unable to attend. 6. Additional Information to be considered with Committee Reports 6.1 Letter from the Commissioner of Public Works to Robert Brown dated December 12,

2007 regarding Consent conditions for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell). (Planning Services Motion PL-324-2007 as contained in the minutes of November 28, 2007)(By-law listed on the agenda as 9.9)

Motion 2007-715 Moved by Councillor Slik Seconded by Councillor O’Brien THAT the letter from the Commissioner of Public Works to Robert Brown dated December 12, 2007 regarding Consent conditions for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell) be received and considered in conjuction with Planning Services Motion PL-324-2007 as contained in the minutes of November 28, 2007.

CARRIED 6.2 Supplementary Report of the Commissioner of Planning regarding an Official Plan

Amendment No. 39 (File No. OPA #9-07), Consent B122-97 and Zoning Amendment File Z-112-07, Colonel By Inn Limited, Hallowell Ward. (Planning Services Motion PL-336-2007 as contained in the minutes of November 28, 2007) (By-laws listed on the agenda as 9.10 and 9.11)

Council Minutes December 17, 2007 Adopted on January 14, 2008

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Motion 2007-716 Moved by Councillor Latchford Seconded by Councillor MacDonald THAT the Supplementary Report of the Commissioner of Planning regarding an Official Plan Amendment No. 39 (File No. OPA #9-07) Consent B122-97 and Zoning Amendment File Z-112-07, Colonel By Inn Limited, Hallowell Ward, be received and considered in conjunction with Planning Services Motion PL-336-2007 as contained in the minutes of November 28, 2007.

CARRIED 6.3 Report of the Commissioner of Planning regarding Zoning By-law Amendment (File

N0. Z-108-07) Lots 1020, 1021, 1022, and 1024 on Plan 24 (Tip of the Bay), Picton Ward. (Planning Services Motion PL-335-2007 as contained n the minutes of November 28, 2007) (By-law listed on the agenda as 9.8)

Motion 2007-717 Moved by Councillor Alyea Seconded by Councillor Thompson THAT the report of the Commissioner of Planning regarding Zoning By-law Amendment (File N0. Z-108-07) Lots 1020, 1021, 1022, and 1024 on Plan 24 (Tip of the Bay), Picton Ward be received and considered in conjunction with Planning Services Motion PL-335-2007 as contained in the minutes of November 28, 2007.

CARRIED 6.4 A copy of Planning Motion PL-190-2007 as contained within the Planning Committee

minutes of July 3, 2007 regarding Council’s support requesting Provincial control on cosmetic use pesticides, is circulated as information in relation to Planning Motion PL-352-2007 as contained within the minutes of December 4, 2007

Motion 2007-718 Moved by Councillor Latchford Seconded by Councillor Alyea THAT Planning Motion PL-190-2007 as contained within the Planning Committee minutes of July 3, 2007 regarding Council’s support requesting Provincial control on cosmetic use pesticides be received and considered in conjunction with Planning Services Motion PL-352-2007 as contained within the minutes of December 4, 2007.

CARRIED 7. Committee Reports 7.1 The report of the Committee of the Whole from the meeting held on November 28,

2007 at 1:00 p.m.

Council Minutes December 17, 2007 Adopted on January 14, 2008

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Motion 2007-719 Moved by Councillor Campbell Seconded by Councillor Mertens THAT the report of the Committee of the Whole from the meeting held on November 28, 2007 at 1:00 p.m. be adopted as presented with the exception of motion CW-63-2007.

CARRIED Motion 2007-720 Moved by Councillor Mertens Seconded by Councillor Slik THAT the following motion (CW-63-2007) of the Committee of the Whole from the meeting held on November 28, 2007 at 1:00 p.m. be approved: “THAT staff be directed to report on the possibility of a Corporation-wide Organization Review in 2008 including sources of funding to a Committee of the Whole meeting in 2008.” CARRIED 7.2 The report of the Planning Services Committee from the meeting held on November

28, 2007 at 7:00 p.m. Motion 2007-721 Moved by Councillor Marisett Seconded by Councillor Slik THAT the report of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be adopted as presented, with the exception of motions PL-324-2007, PL-328-2007, PL-330-2007, PL-335-2007 and PL-336-2007.

CARRIED Motion 2007-722 Moved by Councillor Slik Seconded by Councillor Latchford THAT the following motion (PL-324-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be approved: “THAT subject to the conditions outlined in the Planning Staff Report, Consent File B-78-05 (amended) (Robert and Mary Ann Brown) for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell) be deferred to the December 17, 2007 Council meeting to allow the Public Works Department to provide a report clarifying consent conditions numbered 3, 4 and 5 as outlined in the Planning Staff Report; and THAT Zoning Amendment File Z-65-07 (amended) to Comprehensive Zoning By-law No. 1816-2006 as amended for the County of Prince Edward (Robert and Mary Ann

Council Minutes December 17, 2007 Adopted on January 14, 2008

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Brown) for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell) be deferred. Prior to voting on Motion 2007-722 the following amending motion was put forward. Amending Motion 2007-723 Moved by Councillor Slik Seconded by Councillor Bailey THAT motion PL-324-2007 of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be amended to add the following: THAT subject to the conditions outlined in the Planning Staff Report subject to amending Condition 3 as clarified by the Commissioner of Public Works in his letter dated December 12, 2007 and to delete Condition 4, Consent File B-78-05 (amended) (Robert and Mary Ann Brown) for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell) be approved; and THAT Zoning Amendment File Z-65-07 (amended) to Comprehensive Zoning By-law No. 1816-2006 as amended for the County of Prince Edward (Robert and Mary Ann Brown) for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell) be approved. Councillor Bailey requested a Recorded Vote on Amending Motion 2007-723

Name In Favour Opposed BAILEY, Laverne X BEST, Ray X BURRIS, Peggy X CAMPBELL, Bev X GALE, Kevin X LATCHFORD, Sandy X MACDONALD, Keith X MARISETT, Brian X MERTENS, Peter X O'BRIEN, Dianne X PARKS, Richard - Absent SLIK, Lori X THOMPSON, John X TURPIN, Barry X ALYEA, Monica X FINNEGAN, Mayor Leo P X Total 10 5 CARRIED

Council Minutes December 17, 2007 Adopted on January 14, 2008

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A vote was then taken on Motion 2007-722 as Amended as follows: “THAT the following motion (PL-324-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. as amended be approved: THAT subject to the conditions outlined in the Planning Staff Report, Consent File B-78-05 (amended) (Robert and Mary Ann Brown) for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell) be deferred to the December 17, 2007 Council meeting to allow the Public Works Department to provide a report clarifying consent conditions numbered 3, 4 and 5 as outlined in the Planning Staff Report; THAT subject to the conditions outlined in the Planning Staff Report subject to amending Condition 3 as clarified by the Commissioner of Public Works in his letter dated December 12, 2007 and to delete Condition 4, Consent File B-78-05 (amended) (Robert and Mary Ann Brown) for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell) be approved; and THAT Zoning Amendment File Z-65-07 (amended) to Comprehensive Zoning By-law No. 1816-2006 as amended for the County of Prince Edward (Robert and Mary Ann Brown) for lands located in Part of Lot 14, Concession Gore K, Ward 6 (Hallowell) be approved.” Councillor Bailey requested a Recorded Vote on Motion 2007-722 as Amended

Name In Favour Opposed BAILEY, Laverne X BEST, Ray X BURRIS, Peggy X CAMPBELL, Bev X GALE, Kevin X LATCHFORD, Sandy X MACDONALD, Keith X MARISETT, Brian X MERTENS, Peter X O'BRIEN, Dianne X PARKS, Richard- Absent SLIK, Lori X THOMPSON, John X TURPIN, Barry X ALYEA, Monica X FINNEGAN, Mayor Leo P X Total 12 3 CARRIED

Council Minutes December 17, 2007 Adopted on January 14, 2008

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Motion 2007-724 Moved by Councillor Thompson Seconded by Councillor Alyea THAT the following motion (PL-328-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be approved: “THAT Consent File B118-07 (Hilden Homes Limited) for lands located in Part of Lots 37 and 38, Concession 1 West Green Point, Ward 10 (Sophiasburgh) be denied; and THAT Zoning Amendment File Z-109-07 to Comprehensive Zoning By-law No. 1816-2006, as amended for the County of Prince Edward (Hilden Homes Ltd.) for the lands located in Part of Lots 37 and 38, Concession 1 West Green Point, Ward 10 (Sophiasburgh) be denied.” Prior to voting on Motion 2007-724 the following deferral motion was put forward. Deferral Motion 2007-725 Moved by Councillor Slik Seconded by Councillor Bailey THAT motion PL-328-2007 of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be amended by deleting the words “denied” and inserting in lieu thereof “deferred at the request of the applicant”. CARRIED Motion 2007-726 Moved by Councillor Marisett Seconded by Councillor Latchford THAT the following motion (PL-330-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be approved: “THAT Consent File B123-07 (Leslie A. Harrison) for lands located in Lot 203, Plan 8, Ward 3 (Wellington) be deferred to the December 17, 2007 Council meeting to allow Committee members to view the subject property, and THAT Zoning Amendment File Z-113-07 to Comprehensive Zoning By-law No. 1816-2006, as amended for the County of Prince Edward (Leslie A. Harrison) for lands located in Lot 203, Plan 8, Ward 3 (Wellington) be deferred, to the December 17, 2007 Council meeting to allow Committee members to view the subject property.” Prior to voting on Motion 2007-726 the following deferral motion was put forward.

Council Minutes December 17, 2007 Adopted on January 14, 2008

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Deferral Motion 2007-727 Moved by Councillor Mertens Seconded by Councillor Slik THAT motion PL-330-2007 of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be deferred to a future Planning Services Committee meeting at the request of the applicant. CARRIED Motion 2007-728 Moved by Councillor Latchford Seconded by Councillor Marisett THAT the following motion (PL-335-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be approved: “THAT Zoning Amendment File Z-108-07 (amended) to Comprehensive Zoning By-law No. 1816-2006, as amended for the County of Prince Edward (Sandbank Homes) for lands located in Lots 1020, 1021, 1022, 1024, Plan 24, Ward 1 (Picton) be approved, and subject to minor changes regarding parking requirements for transient docking for the proposed development in discussion with the agent for the applicant if required.” Quinto Annabelle, Solicitor for Sandbank Homes and Graham Shannon, Sandbank Homes were permitted to address Council at this time. Prior to voting on Motion 2007-728 the following Amending Motion was put forward. Amending Motion 2007-729 Moved by Councillor Campbell Seconded by Councillor Latchford THAT motion PL-335-2007 of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be amended to delete the following words from clause 1: “and subject to minor changes regarding parking requirements for transient docking for the proposed development in discussion with the agenda for the applicant if required” And by adding the following “as recommended by the Commissioner of Planning in his staff report dated December 17, 2007; and THAT no further notice is required pursuant to Section 34 (17) of the Planning Act. CARRIED A vote was then taken on Motion PL-728-2007 as Amended as follows: “THAT the following motion (PL-335-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be approved as amended:

Council Minutes December 17, 2007 Adopted on January 14, 2008

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“THAT Zoning Amendment File Z-108-07 (amended) to Comprehensive Zoning By-law No. 1816-2006, as amended for the County of Prince Edward (Sandbank Homes) for lands located in Lots 1020, 1021, 1022, 1024, Plan 24, Ward 1 (Picton) be approved as recommended by the Commissioner of Planning in his staff report dated December 17, 2008; and THAT no further notice is required pursuant to Section 34 (17) of the Planning Act.” CARRIED Motion 2007-730 Moved by Councillor Latchford Seconded by Councillor Marisett THAT the following motion (PL-336-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be approved: “THAT Official Plan Amendment No. 39 (File OPA-9-2007) to the County of Prince Edward Official Plan, as amended (Colonel By Inn Limited) for land located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be deferred to the December 17, 2007 Council meeting to allow the Planning Staff and Applicants to clarify if there is a gas line easement on the subject lands, clarify Minimum Distance Setback Type A or B, and if an amendment is required to the existing site plan. THAT subject to the conditions outlined in the Planning Staff Report, Consent File B122-07 (Colonel By Inn Limited) for land located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be deferred; and THAT Zoning Amendment File Z-112-07 to Comprehensive Zoning By-law No. 1816-2006, as amended, for the County of Prince Edward (Colonel By Inn Limited and 882604 Ontario Limited) for lands located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be deferred.” Prior to voting on Motion 2007-730 the following Amending Motion was put forward. Amending Motion 2007-731 Moved by Councillor Marisett Seconded by Councillor Mertens THAT motion (PL-336-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be amended to add the following: “THAT the following recommendation contained in the report of the Commissioner of Planning dated December 17, 2007 be approved: THAT Official Plan Amendment No. 39 (File OPA-9-2007) to the County of Prince Edward Official Plan, as amended (Colonel By Inn Limited) for land located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be approved;

Council Minutes December 17, 2007 Adopted on January 14, 2008

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THAT subject to the amended conditions contained in the report of the Commissioner of Planning dated December 17, 2007, Consent File No. B122-07 (Colonel By Inn Limited) for land located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be approved; and THAT Zoning Amendment File Z-112-07 to Comprehensive Zoning By-law No. 1816-2006, as amended, for the County of Prince Edward (Colonel By Inn Limited and 882604 Ontario Limited) for lands located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be approved.” CARRIED A vote was then taken on Motion 2007-730 as Amended as follows. “THAT the following motion (PL-336-2007) of the Planning Services Committee from the meeting held on November 28, 2007 at 7:00 p.m. be approved as amended: THAT the following recommendation contained in the report of the Commissioner of Planning dated December 17, 2007 be approved: “THAT Official Plan Amendment No. 39 (File OPA-9-2007) to the County of Prince Edward Official Plan, as amended (Colonel By Inn Limited) for land located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be approved; THAT subject to the conditions outlined in the Planning Staff Report, Consent File B122-07 (Colonel By Inn Limited) for land located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be approved; and THAT Zoning Amendment File Z-112-07 to Comprehensive Zoning By-law No. 1816-2006, as amended, for the County of Prince Edward (Colonel By Inn Limited and 882604 Ontario Limited) for lands located in Part of Lot 16, Concession 2 Military Tract, Ward 6 (Hallowell) be approved.” CARRIED 7.3 The report of the Planning Services Committee from the meeting held on December 4,

2007 at 1:40 p.m. Motion 2007-732 Moved by Councillor Marisett Seconded by Councillor Slik THAT the report of the Planning Services Committee from the meeting held on December 4, 2007 at 1:40 p.m. be adopted as presented. CARRIED 7.4 The report of the Public Works Committee from the meeting held on December 6,

2007 at 1:30 p.m.

Council Minutes December 17, 2007 Adopted on January 14, 2008

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Motion 2007-733 Moved by Councillor Gale Seconded by Councillor Turpin THAT the report of the Public Works Committee from the meeting held on December 6, 2007 at 1:30 p.m. be adopted as presented, with the exception of motion PW-207-2007 and PW-211-2007. CARRIED Motion 2007-734 Moved by Councillor O’Brien Seconded by Councillor Slik THAT the following motion (PW-207-2007) of the Public Works Committee from the meeting held on December 6, 2007 at 1:30 p.m. be approved: “THAT Schedule ‘B’ be amended by deleting the $6.00 per month fee contributed by tax levy for 2008 for the Carrying Place-Consecon and Rossmore-Fenwood Service Areas.” Prior to voting on Motion 2007-734 the following Amending Motion was put forward. Amending Motion 2007-735 Moved by Councillor Slik Seconded by Councillor O’Brien THAT motion PW-207-2007 of the Public Works Committee from the meeting held on December 6, 2007 at 1:30 p.m. be amended to delete the words “Rossmore-Fenwood”. Councillor Slik requested a Recorded Vote on Amending Motion 2007-735

Name In Favour Opposed SLIK, Lori X THOMPSON, John X TURPIN, Barry X ALYEA, Monica X BAILEY, Laverne X BEST, Ray X BURRIS, Peggy X CAMPBELL, Bev X GALE, Kevin X LATCHFORD, Sandy X MACDONALD, Keith X MARISETT, Brian X MERTENS, Peter X O'BRIEN, Dianne X

Council Minutes December 17, 2007 Adopted on January 14, 2008

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PARKS, Richard - Absent FINNEGAN, Mayor Leo P X Total 13 2 CARRIED

A vote was then taken on Motion 2007-734 as Amended as follows. “THAT the following motion (PW-207-2007) of the Public Works Committee from the meeting held on December 6, 2007 at 1:30 p.m. be approved as amended: THAT Schedule ‘B’ be amended by deleting the $6.00 per month fee contributed by tax levy for 2008 for the Carrying Place-Consecon Service Area.” CARRIED

Motion 2007-736 Moved by Councillor Slik Seconded by Councillor Best THAT the following motion (PW-211-2007) of the Public Works Committee from the meeting held on December 6, 2007 at 1:30 p.m. be approved: “THAT the biosolids certification process be put on hold for four (4) months to allow for a comprehensive review of the Biosolids Management Program;

THAT a qualified consultant be retained to review and report on options and financial implications for biosolids management;

THAT in conjunction with the review of biosolids management options the retained consultant advise on a long term Nutrient Management Strategy and implications related to land application on existing or future lands;

THAT following Council’s review and direction, appropriate modifications be made to the current Biosolids Policy EV100;

THAT Council ask the Environmental Advisory Committee in conjunction with Public Works staff to oversee and guide the consultants review and to develop a terms of reference to form the basis to request proposals from qualified consultants and that those terms of reference be approved by Council; and

THAT the cost of this work be added to the 2008 Water and Wastewater Services budget to allow for the review to start in January / February of 2008.” Prior to voting on Motion 2007-736 the following Amending Motion was put forward.

Council Minutes December 17, 2007 Adopted on January 14, 2008

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Amending Motion 2007-737 Moved by Councillor Latchford Seconded by Councillor Thompson THAT motion PW-211-2007 of the Public Works Committee from the meeting held on December 6, 2007 at 1:30 p.m. be amended by deleting the first three clauses of the motion and inserting in lieu thereof the following: “THAT the biosolids certification process and further land application of biosolids be discontinued; THAT the County’s biosolids be shipped to an approved landfill site as a short term solution; THAT a qualified consultant be retained to review and report on options for biosolids management, excluding land application.” Mayor Finnegan requested a Recorded Vote on Amending Motion 2007-737

Name In Favour Opposed FINNEGAN, Mayor Leo P X ALYEA, Monica X BAILEY, Laverne X BEST, Ray X BURRIS, Peggy X CAMPBELL, Bev X GALE, Kevin X LATCHFORD, Sandy X MACDONALD, Keith X MARISETT, Brian X MERTENS, Peter X O'BRIEN, Dianne X PARKS, Richard - Absent SLIK, Lori X THOMPSON, John X TURPIN, Barry X Total 5 10 LOST

A vote was then taken on Motion 2007-736 without Amendment as follows. “THAT the following motion (PW-211-2007) of the Public Works Committee from the meeting held on December 6, 2007 at 1:30 p.m. be approved:

Council Minutes December 17, 2007 Adopted on January 14, 2008

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THAT the biosolids certification process be put on hold for four (4) months to allow for a comprehensive review of the Biosolids Management Program;

THAT a qualified consultant be retained to review and report on options and financial implications for biosolids management;

THAT in conjunction with the review of biosolids management options the retained consultant advise on a long term Nutrient Management Strategy and implications related to land application on existing or future lands;

THAT following Council’s review and direction, appropriate modifications be made to the current Biosolids Policy EV100;

THAT Council ask the Environmental Advisory Committee in conjunction with Public Works staff to oversee and guide the consultants review and to develop a terms of reference to form the basis to request proposals from qualified consultants and that those terms of reference be approved by Council; and

THAT the cost of this work be added to the 2008 Water and Wastewater Services budget to allow for the review to start in January / February of 2008.”

Councillor Gale requested a Recorded Vote on Motion 2007-736 without Amendment

Name In Favour Opposed GALE, Kevin X LATCHFORD, Sandy X MACDONALD, Keith X MARISETT, Brian X MERTENS, Peter X O'BRIEN, Dianne X PARKS, Richard - Absent SLIK, Lori X THOMPSON, John X TURPIN, Barry X ALYEA, Monica X BAILEY, Laverne X BEST, Ray X BURRIS, Peggy X CAMPBELL, Bev X FINNEGAN, Mayor Leo P X Total 15 0 CARRIED

Council Minutes December 17, 2007 Adopted on January 14, 2008

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Motion 2007-738 Moved by Councillor Burris Seconded by Councillor Gale THAT the provisions of the Procedure By-law be waived to allow the meeting to continue beyond the three-hour limit. CARRIED Council recessed for five minutes and reconvened at 10:37 p.m. with all members present excepting Councillor Parks. 7.5 The report of the Corporate Services and Finance Committee from the meeting held on

December 7, 2007 at 9:30 a.m. Motion 2007-739 Moved by Councillor Campbell Seconded by Councillor Mertens THAT the report of the Corporate Services and Finance Committee from the meeting held on December 7, 2007 at 9:30 a.m. be adopted as presented with the exception of motion CP-225-2007.

CARRIED Motion 2007-740 Moved by Councillor Mertens Seconded by Councillor Latchford THAT the following motion (CP-225-2007) of the Corporate Services and Finance Committee from the meeting held on December 7, 2007 at 9:30 a.m. be approved: “THAT By-law No. 56-1998 Burn By-law and the amending By-law No. 1221-2004 be rescinded; and THAT By-law No. 56-1998 and amending By-law No. 1221-2004 e replaced with a new Open Air Burning By-law as attached to the report of the Fire Chief.” Prior to voting on Motion 2007-740 the following Amending Motion was put forward. Amending Motion 2007-741 Moved by Councillor Best Seconded by Councillor Burris THAT motion CP-225-2007 from the Corporate Services and Finance Committee from the meeting held on December 7, 2007 at 9:30 a.m. be amended to reduce the cost of a fire permit from $15.00 to $10.00; and THAT the new Open Air Burning By-law be amended accordingly.

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Councillor Burris requested a Recorded Vote on Amending Motion 2007-741

Name In Favour Opposed BURRIS, Peggy X CAMPBELL, Bev X GALE, Kevin X LATCHFORD, Sandy X MACDONALD, Keith X MARISETT, Brian X MERTENS, Peter X O'BRIEN, Dianne X PARKS, Richard - Absent SLIK, Lori X THOMPSON, John X TURPIN, Barry X ALYEA, Monica X BAILEY, Laverne X BEST, Ray X FINNEGAN, Mayor Leo P X Total 8 7 CARRIED

A vote was then taken on Motion 2007-740 as Amended as follows. “THAT the following motion (CP-225-2007) of the Corporate Services and Finance Committee from the meeting held on December 7, 2007 at 9:30 a.m. be approved as amended as follows: THAT By-law No. 56-1998 Burn By-law and the amending By-law No. 1221-2004 be rescinded; and THAT By-law No. 56-1998 and amending By-law No. 1221-2004 be replaced with a new Open Air Burning By-law as attached to the report of the Fire Chief as amended with the reduction of the cost of a fire permit from $15.00 to $10.00; and THAT the new Open Air Burning By-law be amended accordingly.” CARRIED 7.6 The report of the Committee of the Whole from the meeting held on December 10,

2007 at 9:30 a.m.

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Motion 2007-742 Moved by Councillor Latchford Seconded by Councillor O’Brien THAT the report of the Committee of the Whole from the meeting held on December 10, 2007 at 9:30 a.m. be adopted as presented.

CARRIED Councillor Alyea left the meeting at this time. 7.7 The report of the Audit Committee from the meeting held on December 10, 2007 at

1:30 p.m. Motion 2007-743 Moved by Councillor Mertens Seconded by Councillor Campbell THAT the report of the Audit Committee from the meeting held on December 10, 2007 at 1:30 p.m. be adopted as presented.

CARRIED 7.8 The report of the Recreation, Parks and Culture Committee from the meeting held on

December 11, 2007 at 1:30 p.m. It was noted that Item 5.14 and Motion RPC-261-2007 as contained within the Recreation, Parks and Culture Committee minutes of December 11, 2007 referenced the notes of the Physical Needs Assessment Ad-Hoc Committee in error, and that the minutes be corrected to show that the notes received by Motion RPC-261-2007 were from the Physical Activity Plan Steering Committee. Motion 2007-744 Moved by Councillor Burris Seconded by Councillor Turpin THAT the report of the Recreation, Parks and Culture Committee from the meeting held on December 11, 2007 at 1:30 p.m. be adopted as presented.

CARRIED 8. New Business 8.1 Report of the Commissioner of Public Works regarding the assumption of Cold

Storage Street, Picton

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Motion 2007-745 Moved by Councillor MacDonald Seconded by Councillor Best THAT County Council give three readings to a By-law to assume Cold Storage Street as a municipal road, being described as Part of Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 on Plan 47R-8095, Wards of Picton and Hallowell, now in the County of Prince Edward. (By-law listed on the agenda as By-law 9.13)

CARRIED 8.2 Report of the Commissioner of Planning regarding the Removal of Holding ‘H’

Symbol, Lot 9 on Plan 47M-1 (Redgate Subdivision), Hallowell Ward Motion 2007-746 Moved by Councillor Slik Seconded by Councillor MacDonald THAT County Council give three readings to a By-law to remove the Holding (H) Symbol from the Urban Residential Type 1 Holding (R1-H) Zone, for Lot 9 on Plan 47M-1, Ward of Hallowell, in the County of Prince Edward. (By-law listed on agenda as 9.14)

CARRIED 8.3 Report of the Treasurer regarding Year End Reserve Contributions Motion 2007-747 Moved by Councillor Burris Seconded by Councillor Latchford THAT the following contributions be made to reserves in 2007 to be utilized in 2008: 1. The balance of unspent funds for the Development Charges Background Study; 2. The balance of unspent funds for the Long Term Financial Modeling Study; 3. $10,000 - GIS Project; 4. $50,000.00 - Insurance; 5. $95,000.00 - Economic Development Reserve; 6. $30,000.00 – Land Ambulance; 7. $4,298.00- Athol Hall Capital; 8. $32,660.00 – Parks General Capital; 9. $4,600.00 – Wellington Parks Capital; 10. $100,000.00- Exhibition Grounds Capital-Youth Park; 11. $10,342.00 – Wellington Arena Capital; 12. $ 9,550.00 – Active Living Project; 13. $1,000.00 – Museum Admin Donation; 14. $2,500.00 – Wellington Museum Special Events; 15. $65,600.00 – Planning Reserves; 16. $88,000.00 - Public Works Waste Management Capital; and 17. $32,000.00 - Public Works Waste Management Professional Services. CARRIED

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8.4 Report of the Treasurer regarding Long Term Equipment Borrowing Motion 2007-748 Moved by Councillor Turpin Seconded by Councillor Best THAT a by-law be passed by Council authorizing borrowing in the amount of $187,300.00 for a fixed term of four years to fund the purchase of one Class 7 Grader; THAT a by-law be passed by Council authorizing borrowing in the amount of $247,860.00 for a fixed term of five years to fund the purchase of one Truck Mounted Gradall; and THAT a by-law be passed by Council authorizing borrowing in the amount of $137,960.95 for a fixed term of four years to fund the purchase of one Three Yard Loader. (By-laws listed on the agenda as 9.19, 9.20 and 9.21) CARRIED 8.5 Report of the Commissioner of Public Works regarding Water and Wastewater Rate

Study and Connection Charge Evaluation Motion 2007-749 Moved by Councillor Gale Seconded by Councillor Turpin THAT Council confirm Watson and Associates to complete the review of the adoption of a uniform county-wide connection capital charge policy for all new service users; THAT Council engage Watson and Associates to undertake a water and wastewater rate study in conjunction with the review of a connection capital charge policy as an addendum to that project; and THAT the projects be approved for 2008 and that necessary terms of reference be developed by Public Works and Corporate Services staff.

CARRIED 8.6 Report of the Commissioner of Recreation, Parks and Culture and the Commissioner

of Corporate Services and Finance regarding the Prince Edward County Youth Park Project Accounting Process

A composition and reporting structure diagram for the Youth Park Project Committee was distributed to the members of Council.

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Motion 2007-750 Moved by Councillor Marisett Seconded by Councillor Slik THAT the Prince Edward County Youth Park Project Accounting Process as presented to Council on December 17, 2007 be approved as meeting the requirements as set out in motion CW-28-2007.

CARRIED 8.7 Donation to Jess Jones – Ice Hockey Championships Motion 2007-751 Moved by Councillor MacDonald Seconded by Councillor Gale THAT the County of Prince Edward donate $200.00 towards Jess Jones expenses to compete in the upcoming International Ice Hockey Federation Women’s Under-18 championships in Calgary during the week of January 7 to January 12, 2008. Prior to voting on Motion 2007-751 the following Amending Motion was put forward. Amending Motion 2007-752 Moved by Councillor Bailey Seconded by Councillor Best THAT the foregoing motion be amended by deleting the amount of $200.00 and inserting in lieu thereof the amount of $500.00.

CARRIED A vote was then taken on Motion 2007-751 as Amended as follows. “THAT the County of Prince Edward donate $500.00 towards Jess Jones expenses to compete in the upcoming International Ice Hockey Federation Women’s Under-18 championships in Calgary during the week of January 7 to January 12, 2008.” CARRIED 9. By-laws for Consideration Motion 2007-753 Moved by Councillor O’Brien Seconded by Councillor Best THAT the following By-law be read a first, second and third time and finally passed: 9.1 A By-law to Provide Rules Governing the Calling, Place and Proceedings of

Meetings of The County of Prince Edward Council. (signed as By-law 2080-2007)

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Prior to voting on Motion 2007-753 the following Amending Motion was put forward. Amending Motion 2007-754 Moved by Councillor Gale Seconded by Councillor Burris THAT the Procedure By-law be amended to include the Lords Prayer at the beginning of each Council Meeting. CARRIED A vote was then taken on Motion 2007-753 as Amended as follows. “THAT the following By-law be read a first, second and third time and finally passed as amended with the inclusion of the Lords Prayer at the beginning of each Council Meeting: 9.1 A By-law to Provide Rules Governing the Calling, Place and Proceedings of

Meetings of The County of Prince Edward Council. (signed as By-law 2080-2007)” CARRIED Motion 2007-755 Moved by Councillor Marisett Seconded by Councillor Latchford THAT the following By-law be read a first, second and third time and finally passed: 9.2 A By-law to Authorize the Execution of a Licence Agreement between The

Corporation of the County of Prince Edward and the Prince Edward County Youth Park Inc. (signed as By-law 2081-2007)

CARRIED Motion 2007-756 Moved by Councillor Burris Seconded by Councillor MacDonald THAT the following By-laws be read a first, second and third time and finally passed: 9.3 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as

Amended. (RR1-104-h and RR1-105-h Zone, Ricky Trice) (signed as By-law 2082-2007)

9.4 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as

Amended. (LSR-40 Zone, Estate of Doris Quigg & Mardi Jane Quigg Family Trust)) (signed as By-law 2083-2007)

9.5 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as

Amended. (HR-68 Zone, Cindy & Eugene Edwards) (signed as By-law 2084-2007) CARRIED

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Motion 2007-757 Moved by Councillor Best Seconded by Councillor Bailey THAT the following By-laws be read a first, second and third time and finally passed: 9.6 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as

Amended. (Graham & Kathy Cobb, 1029 County Road 8, North Marysburgh) (signed as By-law 2085-2007)

9.7 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as

Amended. (RR1-108 Zone, Morgan Walby) (signed as By-law 2086-2007) CARRIED

Motion 2007-758 Moved by Councillor Latchford Seconded by Councillor Thompson THAT the following By-law be read a first, second and third time and finally passed: 9.8 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as

Amended. (R3-27-h Zone, 35 Bridge Street, Sandbank Homes) (signed as By-law 2087-2007)

CARRIED Motion 2007-759 Moved by Councillor MacDonald Seconded by Councillor O’Brien THAT the following By-law be read a first, second and third time and finally passed: 9.9 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as

Amended. (Robert & Mary Ann Brown, 587 Kingsley Road, Ward of Hallowell) (signed as By-law 2088-2007)

CARRIED Motion 2007-760 Moved by Councillor Turpin Seconded by Councillor MacDonald THAT the following By-laws be read a first, second and third time and finally passed: 9.10 A By-law to Adopt an Amendment to the Official Plan of the Corporation of the

County of Prince Edward. (OPA No. 39 – Colonel By Inn Limited) (signed as By-law 2089-2007)

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9.11 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as Amended. (RU1-106 & I-26 Zone, Colonel By Inn Limited) (signed as By-law 2090-2007)

CARRIED Motion 2007-761 Moved by Councillor Best Seconded by Councillor Turpin THAT the following By-law be read a first, second and third time and finally passed: 9.12 A By-law to provide for imposing fees and charges for the services, activities and

use of the Waste Management System. (signed as By-law 2091-2007) CARRIED

Motion 2007-762 Moved by Councillor Bailey Seconded by Councillor O’Brien THAT the following By-laws be read a first, second and third time and finally passed: 9.13 A By-law to Provide for the Acquisition and Assumption of Certain Lands within

the County as Part of the County Public Road System. (Cold Storage Street) (signed as By-law 2092-2007)

9.14 A By-law to Amend County Comprehensive Zoning By-law No. 1816-2006, as

Amended. (Lot 9 on Plan 47M-1 (Redgate Subdivision) Ward of Hallowell) (signed as By-law 2093-2007)

CARRIED Motion 2007-763 Moved by Councillor Thompson Seconded by Councillor Gale THAT the following By-laws be read a first, second and third time and finally passed: 9.15 A By-law to Enact Rules and Regulations for the Imposition of Water and

Sanitary Sewage Service Rates and for the Installation, Repair, Maintenance, and Access to Water Meters in the County of Prince Edward as amended, by amending Schedule ‘B’ by deleting the $6.00 per month fee contributed by tax levy for 2008 for the Carrying Place-Consecon Service Area . (signed as By-law 2094-2007)

9.16 A By-law to authorize the Mayor and Clerk to execute a grant of easement with

the Ministry of Natural Resources. (signed as By-law 2095-2007) CARRIED

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Motion 2007-764 Moved by Councillor Burris Seconded by Councillor MacDonald THAT the following By-laws be read a first, second and third time and finally passed: 9.17 A By-law to Authorize the Mayor and Clerk to execute a Service Agreement

between the Corporation of the County of Prince Edward and iCompass Technologies Inc. (signed as By-law 2096-2007)

9.18 A By-law to amend By-law 730-2001 being a By-law to Appoint the Chief

Administrative Officer. (signed as By-law 2097-2007) CARRIED

Motion 2007-765 Moved by Councillor Gale Seconded by Councillor Campbell THAT the following By-laws be read a first, second and third time and finally passed: 9.19 A By-law Authorizing the Borrowing of $247,860.00 for a fixed term of five years

to fund the purchase of one Truck Mounted Gradall. (signed as By-law 2098-2007)

9.20 A By-law Authorizing the Borrowing of $137,960.95 for a fixed term of four

years to fund the purchase of one Three Yard Loader. (signed as By-law 2099-2007)

9.21 A By-law Authorizing the Borrowing of $187,300.00 for a fixed term of four

years to fund the purchase of one Class 7 Grader. (signed as By-law 2100-2007) CARRIED

10. Motions Arising from Closed Session 10.1 Council Minutes from the closed session held on November 29, 2007 Motion 2007-766 Moved by Councillor O’Brien Seconded by Councillor Marisett THAT the Council Minutes from the closed session held on November 29, 2007 and from the Special Council meeting held on December 10, 2007 be adopted as circulated.

CARRIED 11. Confirmatory By-law

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Motion 2007-767 Moved by Councillor Best Seconded by Councillor MacDonald THAT the following By-law be read a first, second and third time and finally passed: 11.1 A By-law to Confirm the Proceedings of the Council of the Corporation of the

County of Prince Edward at the meeting held on December 17, 2007. (signed as By-law 2101-2007)

CARRIED 12. Adjournment Motion 2007-768 Moved by Councillor O’Brien Seconded by Councillor Mertens THAT this meeting now adjourn at 11:33p.m.

CARRIED The next regular meeting of Council will be held on Monday, January 14, 2008. ________________________ __________________________ CLERK MAYOR Victoria Leskie Leo P. Finnegan