20140721 Council Meeting

That Council approves the agenda for the July 21, 2014 Council meeting, as amended by the following:  Moving agenda item Delegations 8.1, Mr. Andre Marin, to follow Declarations of Pecuniary Interest; and  Removing agenda item 10.7 Codrington Shelter Request for Proposals Report, and the accompanying by-law, agenda item 13.7

That Council moves that the correspondence 19.1 of the Closed Session Agenda be moved to the open session.

That Council receives the information from Mr. Andre Marin, Ombudsman of Ontario regarding the services offered to Municipalities by his office, and the implications of Bill 179.

That Council approves the minutes of the June 16, 2014 at 3:00 p.m. Council meeting, as presented.

That Council approves the minutes of the June 16, 2014 at 6:30 p.m. Council meeting, as presented.

That Council approves the Closed Session minutes of the June 16, 2014 at Council meeting, as presented.

a) That Council now moves into the statutory public meeting portion of this meeting, pursuant to Section 12 of the Development Charges Act, 1997.

b) That Council now closes the statutory public portion of this meeting pursuant to the Development Charges Act.

a) That Council now moves into the statutory public meeting portion of this meeting, pursuant to Section 400(f) of the Municipal Act, 2001, as amended.

b) That Council now closes the statutory public portion of this meeting pursuant to the Municipal Act.

a) That Council now moves into the statutory public meeting portion of this meeting, pursuant to Section 34 of the Planning Act.

b) That Council now closes the statutory public portion of this meeting pursuant to the Planning Act, and moves into regular business.

That consent application B08/2014 be granted subject to the following conditions: 1. That the applicant dedicate a strip of land to the Municipality of Brighton, ensuring 10 metres (33 feet) from the centreline of Georgina Street along the frontage of the severed and retained parcels for road widening purposes; 2. That cash-in-lieu of parkland in the amount of $500 be given to the Municipality; 3. That all taxes on the severed and retained parcels be in compliance with Municipal requirements prior to the deed being stamped; and 4. That three paper copies and a digital copy of a registerable survey and the appropriate deeds be prepared and deposited with the Municipal Clerk within one year of the granting of consent.

That Council pass a zoning amendment to update By-law No. 140- 2002, the Comprehensive Zoning By-law, with the exception of rezoning of lands Part Lot 24, Concession 6, that are not part of a licensed gravel pit.

That Council enacts a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lot 5, Concession 5, to change the zoning from the Agricultural Exception No. 1 (A-1) Zone to the Agricultural Exception No. 29 (A-29) Zone and the Rural Residential Exception No. 40 (RR-40) Zone.

That Council enacts a By-law to rezone property identified as Part of Lots 31 & 32, Concession „B?, located north of County Road No. 64 and South of the CN/CP rail lines from the Agricultural Exception No. 1 (A-1) Zone to the General Industrial – Holding (M1-H) Zone.

July 21, 2014 Municipality of Brighton Page 3 of Page 1415 4 of Council Meeting That Council receives the information from Heidi Mayer regarding ongoing property by-law violations.

That Council receives the information from Betty Sommers & Charlotte Monardo from CUPE National (Canadian Union of Public Employees, representing CUPE Local 5085.

That Council receives the information from Baldwin Street residents Don Ferguson, George Bellehumeur, & Michael Preston regarding water drainage concerns, and refers the matter to staff for a report on possible options to resolve the problem.

That Council receives the information from David Green regarding Council accountability.

That Council receives all citizen comments at the July 21, 2014 Council meeting.

That Council receives the Fire Department Activity Report for June 2014.

That Council approves awarding the Project No. PW 2014-07, Removal, Disposal and Reconstruction of Sidewalk in Various Locations in the Municipality of Brighton and a Walking Trail, for the total price of $110,292.00 (before H.S.T.) and authorizes the CAO and Mayor to enter into a contractual agreement with Cooney Excavating Ltd. and That Council directs staff to transfer $12,896 from the recreation reserve.

That Council approves the award of contract PW 2014-06, for the total price of $292,180.90 (before H.S.T.), and authorizes the CAO and Mayor to enter into a contractual agreement with Behan Construction Limited.

That Council directs staff to prepare a report on roads that could be repaired utilizing the $142,161 savings from the roads reconstruction project.

That Council extends this meeting to its natural conclusion.

That Council receive the report Roadside Maintenance Program, dated July 21, 2014, from the Director of Public Works and Development as information.

That Council approves the report Fees & Service Charges for Sewage System Management from the Director of Public Works and Development, and the fees set out for Part I Sewage System Management.

That Council authorizes the Mayor and CAO to execute the agreement to provide for the reimbursement of capital costs against 25 Singleton Street.

That Council receives the Development Charges Study Process Report as information, and approves the Development Charges Study and Addendum Report as presented by Andrew Grunda of Watson and Associates, and directs staff to prepare a Development Charges Bylaw for the August 11, 2014 Council Meeting, as amended.

That Council amends the motion to include exemption of all industrial development in the Municipality of Brighton.

That Council receives the report Recording of Council Meetings, dated July 21, 2014, as information, and that staff be directed to implement audio recording for Council meetings, and that the recordings be posted to the website.

July 21, 2014 Municipality of Brighton Page 6 of Page 1415 7 of Council Meeting That Council approves the Brighton Cenotaph Phase II project application to VAC for $22,000 at the October 1, 2014 intake, with the balance of the project to be fundraised.

That Council will reconsider motion 11.2(b), (a motion on this July 21, 2014 Municipality of Brighton Page 7 of Page 1415 8 of Council Meeting matter was

11.2(b) Whereas, at the June 2, 2014 council meeting Councillor Mike Vandertoorn stated, "If we, this council decides that they want to go ahead and start testing the waters on Gosport, uhh, shoreline we better give due consideration to the nice shoreline and beach that's at the end of the municipal road at Cedardale ....", prior to voting AGAINST a beachfront water quality monitoring program for Presqu’ile Bay; Whereas, Councillor Mike Vandertoorn's statement would lead the public and council to believe the waters at Cedardale ARE NOT tested, when, in fact they ARE tested (in a manner identical to that proposed in this and the original motion) by the Haliburton, Kawartha, Pine Ridge District Health Unit; Whereas in 2013, 2 of the 5 Presqu’ile Bay water samples taken by the Ontario Ministry of Environment's Lake Partner Program contained total phosphorus at concentrations greater than 20 micrograms/litre; Whereas, by the Ontario Ministry of Environment's own standards, concentrations of total phosphorous greater than 20 micrograms/litre indicate eutrophication of a water body; Whereas eutrophication is recognized as a water pollution problem; Whereas the Municipality of Brighton spends hundreds of thousands of Brighton taxpayers' dollars every year to ensure public health and safety; and Whereas a beachfront water quality monitoring program would not only serve to protect persons using Presqu’ile Bay but would also have the collateral benefit of identifying water pollution pr

11.2(c) It is recommended that Council invite Ontario Clean Water Agency (OCWA) staff to the 11 August, 2014 Council meeting so that OCWA staff can describe the services provided by OCWA & so that OCWA staff can describe the assistance they can offer to the Municipality of Brighton.

That Council gives a by-law its first, second, and third reading, and finally passes this date: Being a by-law to authorize a temporary road closure for a portion of Main Street for a Street Dance on August 10, 2014 from 4:30 p.m. to 12:30 a.m.

That Council gives a by-law its first, second, and third reading, and finally passes this date: Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton.

That Council gives a by-law its first, second, and third reading, and finally passes this date: Being a by-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lot 5, Concession 5, in the Municipality of Brighton, in the County of Northumberland, to July 21, 2014 Municipality of Brighton Page Page910 of of 1415 Council Meeting change the zoning from the Agricultural Exception No. 1 (A-1) Zone to the Agricultural Exception No. 29 (A-29) Zone and the Rural Residential Exception No. 40 (RR-40) Zone.

That Council gives a by-law its first, second, and third reading, and finally passes this date: Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lots 31 and 32, Concession ‘B’, in the Municipality of Brighton, in the County of Northumberland, to change the zoning from the Agricultural Exception No. 1 (A-1) zone to the General Industrial – Holding (M1- H) Zone.

That Council gives a by-law its first, second, and third reading, and finally passes this date: Being a by-law to establish fees and service charges for Sewage System Management for the Municipality of Brighton, effective July 2, 2014

That Council gives a by-law its first, second, and third reading, and finally passes this date: Being a by-law to impose capital charge rates to recover the capital costs of providing local sanitary sewer, water and roads services to benefiting lands within the Turtle Lands

That Council approves the following Advisory Committee minutes, and the recommendations contained therein: 1. Emergency Planning Committee minutes, June 4, 2014 2. Heritage Advisory Committee minutes, June 12, 2014 3. Applefest Advisory Committee minutes, June 11, 2014 4. Applefest Advisory Committee minutes, June 25, 2014

That Council receives the reports of the Statutory Committees, Boards, and external agencies: 1. Bay of Quinte Tourist Council minutes, April 15, 2014 2. Chamber of Commerce minutes, April 22, 2014 3. Chamber of Commerce minutes, May 27, 2014 4. Lower Trent Conservation minutes, June 12, 2014 5. Committee of Adjustment minutes, November 12, 2013

That Council receives the correspondence from Adrian Ellis.

That Council approves the correspondence from Kenny Payne, and Waives the fees for the King Edward Park Ball Diamonds for the tournament on August 9, 2014.

That Council receives the correspondence from Ann Miller, and directs staff to research compliance regulations, and seek support from M.P.P. Rinaldi to advise how we can receive infrastructure funding.

That Council receives the correspondence from Adrian Ellis, and refers to staff for consideration of Community Safety Zones at all schools in the municipality.

That Council receives the correspondence from the Ministry of the Environment regarding the Presqu'ile Bay Index Station: Ambient Water Quality Data Summary.

That Council receives the correspondence from Roger Green regarding a meeting with the Ministry of the Environment and related issues.

That Council directs staff to obtain a legal opinion regarding releasing reports from the two Integrity Commissioner Investigations that were dealt with in closed session.

That Council refer the closed session matter to the August 11, 2014 Council meeting.

That Council gives a By-Law its first, second and third reading, and finally passes this date: Being a by-Law to confirm the proceedings of the Council of the Municipality of Brighton meeting held on July 21, 2014.

That this meeting of the Municipality of Brighton Council be adjourned at 12:09 a.m., Tuesday, July 22, 2014 with Council to meet again on Monday, August 11, 2014, or at the call of the Mayor.