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The Corporation of Norfolk County Regular Council

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The Corporation of Norfolk County Regular Council THE CORPORATION OF NORFOLK COUNTY REGULAR COUNCIL TUESDAY, JULY 13, 2010 The following are the minutes of the Regular Council held on Tuesday, July 13, 2010, at 4:00 pm in the Multipurpose Room, Talbot Gardens Arena, 10 Talbot Street North, Simcoe. MEMBERS PRESENT: Mayor Dennis Travale Councillor Michael Columbus Councillor Roger Geysens Councillor James Oliver Councillor Harold Sonnenberg Councillor John Wells Councillor C.H. Luke MEMBERS ABSENT: Councillor John Hunt Councillor Heidy Van Dyk ALSO PRESENT: Bill Allcock, County Manager Beverley Wood, Clerk/Manager of Council Services Cathy Balcomb, Deputy Clerk/Licensing Coordinator Kevin Lichach, General Manager, Community Services Frank Sams, Manager, Parks, Facilities & Recreation Frank Gelinas, General Manager, Corporate Services Patti Moore, General Manager, Health & Social Services Kandy Webb, General Manager, Human Resources & Staff Development Chris Baird, General Manager, Planning & Economic Development Services Bill Cridland, Manager of Roads Mary Elder, Senior Planner Shirley Cater, Senior Planner Eric Gilbert, Planner 1. DISCLOSURE OF A PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor C.H. Luke declared a pecuniary interest in respect to an item to be discussed in Closed Session involving his employer and in doing so agreed to abstain from discussion or voting on the matter. He vacated the room during the Closed Session when this matter was discussed. Page 1 of 21 Regular Council Minutes Tuesday, July 13, 2010 2. CLOSED SESSION Solicitor-client privilege/personal matter(s) about identifiable individual(s) Res. No. 1 Mover: Councillor Michael Columbus Seconder: Councillor C.H. Luke THAT pursuant to Section 239(2) and (3.1) of the Municipal Act, 2001, S.O. 2001 C.25, as amended, Council convenes at 4:07 p.m. in a meeting, closed to the public to discuss solicitor-client privilege/personal matter(s) about identifiable individual(s). Carried. Res. No. 2 Mover: Councillor C.H. Luke Seconder: Councillor Michael Columbus THAT Council does now adjourn at 5:16 p.m. this closed meeting and reconvene in Open Session. Carried. Res. No. 3 Mover: Councillor John Wells Seconder: Councillor C.H. Luke THAT Confidential Staff Report P.E.D. 10-80, Pring Property Purchase, be received as information; AND THAT Council approves the purchase of the Pring Lands for an amount of $400,000. Carried. Res. No. 4 Mover: Councillor John Wells Seconder: Councillor Michael Columbus THAT Confidential Staff Report C.S.D 10-21, Request for Transfer of County Owned Property to Port Dover Lions Club, be received as information; AND THAT Council waive the requirements of the County’s By-law 2003- 77, Disposal of Real Property; AND FURTHER THAT Council recognizes that the property was received for nominal consideration initially from the Lions Club and Council therefore agrees to convey the property to the Port Dover Lions Club for the future construction of a community medical center for the sum of Page 2 of 21 Regular Council Minutes Tuesday, July 13, 2010 $2.00 conditional to the Club contributing $90,000 towards the relocation and reconstruction of the existing ball park facilities and equipment, with any excess portion being a donation from the County to the Lions Club; AND FURTHER THAT transfer of ownership of the municipal property to the Port Dover Lions Club is conditional on, 1) the Lions Club and Norfolk County satisfying all other agreements and requirements as listed in Staff Report CSD 10-21, Request for Transfer of the County Owned Property to the Port Dover Lions Club, and, 2) a reversion of title and ownership to the County in the event that the property is subsequently no longer used as the intended medical centre; AND FURTHER THAT the Lions Club are responsible for paying all legal costs associated with the transfer of the property, including survey costs and other applicable fees; AND FURTHER THAT Norfolk County shall be responsible for the removal and relocation of the existing ball park fencing and equipment from the property at a time mutually suitable to the Community Services Department and Port Dover Lions Club. Carried. Res. No. 5 Mover: Councillor Michael Columbus Seconder: Councillor John Wells That Staff Report C.S.D 10-22, Request to Amend OPP contract, be received as information; AND THAT an Amending Agreement between the Corporation of Norfolk County and the Minister of Community Safety and Correctional Services for the provision of police services for Norfolk County by the Ontario Provincial Police be approved; AND FURTHER THAT the necessary By-law authorizing the Mayor and Clerk to execute the said amending Agreement be presented to Council for adoption. Carried. 3. PRESENTATIONS, APPLICATIONS & DEPUTATIONS 4. Awards/Recognition 5. Applications Application to amend the City of Nanticoke Zoning By-Law NW 1-2000 affecting the lands described as Part Lot 12, Concession 5, Geographic Township of Woodhouse, Norfolk County to permit a garden suite as a Page 3 of 21 Regular Council Minutes Tuesday, July 13, 2010 temporary use. An error in Zoning By-law schedule A-4 is also to be addressed as the 'Rural Industrial (MR)' zone on the subject lands is to be changed to 'Agricultural (A)' zone. Applicant: DEBRA ANN MCPHEE Agent: LEEANNE VREUGDENHIL (File No. ZNPL2010041 – Report No. P.E.D. 10-82) Res. No. 6 Mover: Councillor C.H. Luke Seconder: Councillor Roger Geysens THAT the application by DEBRA ANN MCPHEE, 785 COCKSHUTT RD, RR5 STN MAIN, SIMCOE, ON N3Y 4K4 affecting lands described as Part Lot 12, Concession 5, Geographic Township of Woodhouse, Norfolk County to amend the City of Nanticoke Zoning By-Law NW 1-2000, File No. ZNPL2010041, BE APPROVED, for reasons set out in Report No. P.E.D. 10-82. Carried. Application to amend the Norfolk County Official Plan and the Township of Norfolk Zoning By-Law 1-NO 85 affecting the lands described as Part Lot 15, Concession A, Geographic Township of South Walsingham, Norfolk County to permit new residential development on the eastern portion of the subject lands and a wider range of commercial uses on the western portion of the subject lands. Applicant: LEIGHTON AND BETTY BROWN Agent: THOMAS A. CLINE (File No. OPN-011/2009 and ZN-065/2009 – Report No. P.E.D. 10-85) Res. No. 7 Mover: Councillor C.H. Luke Seconder: Councillor Roger Geysens THAT the application by LEIGHTON AND BETTY BROWN, 2575 Lakeshore Road, Port Rowan ON N0E 1M0 affecting lands described as Part Lot 15, Concession A, Geographic Township of South Walsingham, Norfolk County to amend the Norfolk County Official Plan and the Township of Norfolk Zoning By-Law 1-NO 85, File No. OPN-011/2009 and ZN-065/2009, BE APPROVED subject to site plan control. Carried. Application to amend the Township of Delhi Zoning By-Law 1-DE 80 affecting the lands described as Part Lot 8, Concession 8, Geographic Township of Windham, Norfolk County to permit a Garden Suite as a temporary use. Applicant: TIM & BRENDA GILBERT (File No. ZNPL2010047 – Report No. P.E.D. 10-86) Page 4 of 21 Regular Council Minutes Tuesday, July 13, 2010 Res. No. 8 Mover: Councillor John Wells Seconder: Councillor Harold Sonnenberg THAT the application by TIM & BRENDA GILBERT, 1425 NORFOLK CTY RD 21, DELHI, ON N4B 2W4 affecting lands described as Part Lot 8, Concession 8, Geographic Township of Windham, Norfolk County to amend the Township of Delhi Zoning By-Law 1-DE 80, File No. ZNPL2010047, BE APPROVED, for reasons set out in Report No. P.E.D. 10-86. Carried. 6. Presentations 7. Deputations Mr. Peter Hellyer and Inspector Zvonka Horvat, Police Services Board Re: OPP Contract Amendments Mr. Peter Hellyer and Inspector Zvonka Horvat, Police Services Board, appeared before Council regarding OPP Contract Amendments in Closed Session earlier in the meeting regarding matters relating to labour relations. Mr. David Timm, International Power Canada Inc. Re: Update on Norfolk Wind Farms Mr. David Timm, International Power Canada Inc., appeared before Committee to update Council on the Norfolk County Frogmore, Cultus and Clear Creek Wind Farms. Mr. Timm noted that International Power was formerly Aim PowerGen. He explained that there were issues raised in the summer of 2009 regarding noise levels. The Ministry of Environment did an on-site investigation and determined that the noise levels were within the limits of the Certificate of Approval. The other issue was low frequency noise particularly in the Clear Creek area. He stated that the MOE is currently determining guidelines to assess infrasound and hopefully will have something ready to begin testing over the next couple of months. Mr. Timm addressed health issues related to wind farms and stated that the Chief Medical Officer of Health for Ontario has done the analysis and presented a report stating there is no direct link between wind turbines and health effects. He stated that all complaints are taken very seriously. Res. No. 9 Mover: Councillor C.H. Luke Seconder: Councillor Roger Geysens Page 5 of 21 Regular Council Minutes Tuesday, July 13, 2010 THAT the deputation of Mr. David Timm, International Power Canada Inc., to update Council on Norfolk Wind Farms, be received as information. Carried. Mr. Ed Stackhouse, Simcoe Re: CPR Overpass, Norfolk Street North, Simcoe Mr. Ed Stackhouse, Simcoe, appeared before Council regarding the Norfolk Street North and CPR Overpass. He stated that Council should seriously investigate Option 3 of Staff Report P.W. 10-104 and think of this as an investment in Norfolk County. Res. No. 10 Mover: Councillor Michael Columbus Seconder: Councillor C.H. Luke THAT the deputation of Mr. Ed Stackhouse, Simcoe, regarding the Norfolk Street North and CPR Overpass, be received as information. Carried. Mr. Rick Prudil, Power Workers' Union at Nanticoke Generating Station Re: Refueling the Nanticoke Generating Station Mr.
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