TOWN OF GREATER NAPANEE REGULAR SESSION OF COUNCIL
A G E N D A
AUGUST 22, 2017 at 7:00 p.m. Council Chambers, Town Hall - 124 John St., Napanee
Page
1. CALL TO ORDER
2. ADOPTION OF AGENDA
2.1 Adopt Agenda Recommendation: That the Agenda of the Regular Session of Council dated August 22, 2017 be adopted as presented.
3. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
4. PUBLIC MEETING UNDER THE PLANNING ACT
4.1 Resolution to Convene Public Meeting Recommendation: That the Public Meeting under the Planning Act is hereby convened.
9 - 24 4.2 Applications: Official Plan Amendment Application PLOPMA 2017 036 and Zoning By-law Amendment Application PLZACO 2017 037 Applicant: Red Tree Development Legal Description of Lands: Located at the southern-most point of Reid Street, south of Slash Road and north of Dundas Street W. The lands are legally described as Part of Lot 17, Concession 1, geographic Township of Richmond, now in the Town of Greater Napanee. Effects of Zoning Application: The Official Plan and Zoning By-law Amendment will permit the proposed residential development of this site including approximately 48 townhouse units and 5 single-detached units, a community centre and pool.
25 - 30 4.3 Petition from Reid Street Residents Re: Access to the Proposed New Red Tree Development Dundas Street
4.4 Resolution to Adjourn Public Meeting Recommendation: That the Public Meeting under the Planning Act is hereby adjourned.
5. PRESENTATIONS
31 5.1 Douglas Reid, President - The Sandhurst Shores Ratepayers' Re: Presentation of a Letter of Thanks for Road Resurfacing Work
Page 1 of 238 REGULAR SESSION COUNCIL - August 22, 2017 Agenda
Page
completed in 2016
6. DEPUTATIONS
32 - 45 6.1 Nancy Bruinsma Re: Thank you to Council for the Town's support of The Royal Flying Corps & Camp Rathbun 100th Commemorative Event
46 - 49 6.2 Reeve Rick Phillips, Township of Tyendinaga and Maddison Ellis, Youth-2-Youth Planning Committee Member Re: Youth-2-Youth Summit - September 29, 2017
6.3 Council Resolution to Accept Additional Deputations with No Notice, if required.
7. ADOPTION OF MINUTES
50 - 57 7.1 Regular Session of Council - June 27, 2017 Recommendation: That the minutes of the Regular Session of Council dated June 27, 2017 be adopted as presented.
58 - 64 7.2 Special Session of Council - July 18, 2017 Recommendation: That the minutes of the Special Session of Council dated July 18, 2017 be adopted as presented.
8. CORRESPONDENCE
8.1. Correspondence for Information
65 - 66 8.1.1 Correspondence for Information items dated - August 22, 2017 Recommendation: That the Correspondence for Information items dated August 22, 2017 be received.
8.2. Correspondence for Action
67 - 72 8.2.1 Dave Hunt - August 14, 2017 Re: Petition from Bridge Street West Residents to Change the Posted Speed Limit on Bridge Street West
73 - 74 8.2.2 KFL&A Public Health - Expanding Protection Against Second- hand Smoke in the KFL&A Region - July 6, 2017 Recommendation: That Council receive for information the correspondence from KFL&A Public Health dated July 6, 2017 regarding expanding protection against second-hand smoke; And further that Council provide direction to staff regarding any action to be taken to amend the Town's smoking by-law to expand the definition of ‘smoke’ and ‘smoking’ to include both tobacco or non-tobacco products that produce smoke or vapour for the purpose of inhaling.
75 - 76 8.2.3 KFL&A Public Health - Provincial-Wide Alcohol Policy to Minimize
Page 2 of 238 REGULAR SESSION COUNCIL - August 22, 2017 Agenda
Page
Harms - July 6, 2017 Recommendation: That Council receive for information the correspondence from KFL&A Public Health dated July 6, 2017 regarding a province-wide alcohol policy; And further that Council provide direction regarding the request for support from the KFL&A Board of Health for its resolution urging the provincial government to: (i) create a comprehensive province-wide strategy to minimize harms and support the safe consumption of alcohol in Ontario; and (ii) to halt the expansion of alcohol accessibility through increased retail outlets in the absence of an evidence based strategy that minimizes harms and supports the safe consumption of alcohol.
77 - 78 8.2.4 Ministry of Natural Resources and Forestry - Response to Council's Resolution supporting the Municipality of Brockton's resolution regarding the proposed amendment to the Conservation Authorities Act - July 27, 2017 Recommendation: That Council receive for information the email correspondence from the Ministry of Natural Resources and Forestry dated July 27, 2017 responding to Council's resolution supporting the Municipality of Brockton's resolution regarding its opposition to a proposed amendment to the Conservation Authorities Act which would require municipal councils to appoint half of their conservation authority board members from scientific backgrounds.
79 8.2.5 Diane Parks - Request for an Area for Dogs to be Off Leash - July 20, 2017 Recommendation: That Council receive for information, the email from Diane Parks dated July 20, 2017 requesting an area to designate for dogs to be off their leash; And further that Council consider the request as part of the upcoming Strategic Plan discussions.
80 8.2.6 Habitat for Humanity - July 26, 2017 Re: Request to Waive Development Fees for Cook's Road Build Recommendation: That Council receive for information the correspondence from Habitat for Humanity dated July 26, 2017; And further that Council provide direction regarding the request to waive development fees in the amount of $6, 396.60 for the 2017 build on Cook's Road.
81 - 84 8.2.7 The Terry Fox Foundation - 2017 Annual Terry Fox Run in Greater Napanee - July 27, 2017 Recommendation: That Council receive for information the
Page 3 of 238 REGULAR SESSION COUNCIL - August 22, 2017 Agenda
Page
correspondence from the Terry Fox Foundation dated July 27, 2017; And further that Council approve the 2017 Terry Fox Run in Greater Napanee to be held on September 17, 2017, along the route as submitted.
85 - 86 8.2.8 Ministry of Municipal Affairs - Request for Council Feedback regarding the change to the Municipal Elections Act, 1996 Bill 68 (Modernizing Ontario's Municipal Legislation Act, 2017) requiring municipal election candidates to obtain 25 signatures for nominations Recommendation: That Council receive for information the correspondence from the Ministry of Municipal Affairs received August 1, 2017; And further that Council provide feedback to Minister Mauro for the following questions regarding changes to the Municipal Elections Act, 1996 under Bill 68 as requested: 1. Would potential candidates in your municipality have any challenges in fulfilling the requirement to have their nomination endorsed by 25 electors? 2. The Minister of Municipal Affairs now has the authority to provide an exemption from the requirement for municipal council candidates to have their nomination endorsed by 25 electors in a municipality with less than the prescribed number of electors. What number of electors in a municipality is the appropriate threshold for the exemption to apply?
87 8.2.9 Karen Randall Blancher, NDSS - Unveiling of an Honouring the Land: Encircling Culture Medicine Wheel ReconciliACTion Project - August 15, 2017 Recommendation: That Council receive for information the email correspondence from Karen Randall Blancher, History/Indigenous Studies teacher at Napanee District Secondary School dated August 15, 2017; And further that Council provide direction regarding Ms. Blancher's request for the Town to participate in an unveiling of their reconciliACTion project in the fall.
88 8.2.10 Napanee BIA - Re: Request to Form an Ad hoc Parking Committee - August 16, 2017 Recommendation: That Council receive for information the correspondence from the Napanee BIA dated August 16, 2017; And further that Council provide direction regarding the establishment of an ad hoc Parking Committee with the BIA.
89 - 92 8.2.11 RW Tomlinson Ltd. - Re: Extension of Noise By-law Exemption MTO 2017-4021, CR 41, CNR Selby Creek, Napanee River
Page 4 of 238 REGULAR SESSION COUNCIL - August 22, 2017 Agenda
Page
Structure Recommendation: That Council receive for information the correspondence from RW Tomlinson Ltd. dated August 17, 2017; And further that Council authorize an extension of the noise by- law exemption granted by Resolution Nos. 60/17 and 137/17 to include work on the Highway 41 structure at Highway 401 and to extend the time of the extension for an additional 10 weekdays.
9. UNFINISHED BUSINESS
93 - 94 9.1 Community & Corporate Services - Request to Close and Convey an Unopened Road Allowance between County Road 2 W and Napanee River Supplemental Report
10. COMMITTEE REPORTS
95 - 96 10.1 Pool Task Force Committee Recommendation: That Council receive and adopt the minutes of the Pool Task Force Committee dated September 12, 2016.
97 - 99 10.2 Napanee BIA - Minutes Recommendation: That Council receive and adopt the minutes of the Napanee BIA dated June 21, 2017.
11. STAFF REPORTS
100 - 109 11.1 CAO - Service Area Updates Staff Recommendation: That Council receive for information the Service Area Updates report dated August 22, 2017.
110 - 129 11.2 Infrastructure Services (Planning) - Zoning Amendment PLZACO 2017 025, 127 Milligan Lane (McCully) Planning Recommendation: That Council receive for information the Planning Report from IBI Group dated August 2017 regarding Zoning By-law Amendment Application PLZACO 2017 025, 127 Milligan Lane (McCully); And further that Council approve the zoning by-law amendment, subject to the following conditions: 1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting; and 2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed.
130 - 146 11.3 Infrastructure Services (Planning) - Zoning Amendment PLZACO 2017 028, 520 County Road 8, Part of Lots 18 & 19, Concession 6, Geographic Township of North Fredericksburgh (Scherdale) Planning Recommendation: That Council receive for information the
Page 5 of 238 REGULAR SESSION COUNCIL - August 22, 2017 Agenda
Page
Planning Report from IBI Group dated August 2017 regarding Zoning By-law Amendment Application PLZACO 2017 028, 520 County Road 8, Part of Lots 18 & 19, Concession 6, Geographic Township of North Fredericksburgh (Scherdale); And further that Council approve the Zoning By-law Amendment PLZACO 2017 028, subject to the following conditions: 1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting; and 2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed.
147 - 162 11.4 Infrastructure Services (Planning) - Request for Validation PLVALC 2017 039, Part Lot Letter A, Concession 2, Adolphustown - Krueger Planning Recommendation: That Council receive for information the correspondence from IBI Group dated August 16, 2017 regarding a request for validation for Part Lot Letter A, Concession 2, Adolphustown - Krueger; And further that Council approve the Request for Validation Application PLVALC 2017 039 and bring forward a by-law and validation order for adoption later in the meeting.
163 - 212 11.5 Infrastructure Services (Planning) - Request for Validation PLVALC 2017 034, Part of Lot Letter A, Concession 2, Adolphustown, 19 Lenid Way Lane - Hotzwik Planning Recommendation: That Council receive for information the correspondence from IBI Group dated August 16, 2017 regarding a request for validation for Part of Lot Letter A, Concession 2, Adoplustown, 19 Lenid Way Lane - Hotzwik; And further that Council approve the Request for Validation Application PLVALC 2017 034 and bring forward a by-law and validation order for adoption later in the meeting.
213 - 215 11.6 Community & Corporate Services - Request to Rename Mill Street East Staff Recommendation: That Council receive for information the Community & Corporate Services - Request to Rename Mill Street East report; And further that Council provide direction regarding the request from the Royal Canadian Legion Branch 137 to rename Mill Street East in honour of Sergeant Jason Boyles.
216 - 218 11.7 Community & Corporate Services - Pickleball Staff Recommendation: That Council receive for information the Community & Corporate Services - 2017 Greater Napanee Pickleball League - Fall/Winter Programming report; And further that Council approve:
Page 6 of 238 REGULAR SESSION COUNCIL - August 22, 2017 Agenda
Page
• The Town operating an adult Pickleball league to be ran out of Southview Public School from September 2017 - May 2018. • And further that the costs associated with the program be funded from the 2017/2018 programming budget.
219 - 220 11.8 Community & Corporate Services - Disposal of Old Laptops Staff Recommendation: That Council receive for information the Community & Corporate Services - Disposal of Old Laptops report; And further that Council approve the Policy contained within the report.
12. BY-LAWS
221 - 226 12.1 By-law No. 2017-0036 - To Amend Zoning By-law No. 02-22, 127 Milligan Lane (McCully)
227 - 231 12.2 By-law No. 2017-0037 - To Amend Zoning By-law No. 02-22, Part of Lots 18 and 19, Concession 6 Geographic Township of North Fredericksburgh - 520 County Road 8 (Scherdale)
232 - 234 12.3 By-law No. 2017-0038 - By-law under Section 57 of The Planning Act (Validation)
235 - 237 12.4 By-law No. 2017-0039 - By-law under Section 57 of The Planning Act (Validation)
13. NEW BUSINESS
14. NOTICE OF MOTIONS
14.1 Notice of Motion - Councillor Lucas (Notice given June 27, 2017) That the Town of Greater Napanee makes inquiries with both the federal and provincial (Ontario) governments on the current (if any) accreditation or third party regulatory agencies of private/public organizations offering services in the internet and/or on-line voting of public elections and if the absence of such validations, what assurances can be given that these services can be validated if questioned.
15. STATEMENTS BY MEMBERS
16. CLOSED SESSION
16.1 Adjourn to Closed Session pursuant to Section 239 of the Municipal Act, 2001, S.O. 2001, c.25, in order to discuss: (i) personal matters about identifiable individuals (Section 239(b)); (ii) a proposed disposition of land by the municipality (Section 239(c)); and (iii) a labour relations matter (Section 239(d)).
16.2 Rise and Report from Closed Session
17. CONFIRM PROCEEDINGS
Page 7 of 238 REGULAR SESSION COUNCIL - August 22, 2017 Agenda
Page
238 17.1 A By-law to Confirm the Proceedings of the Council of the Corporation of the Town of Greater Napanee
18. ADJOURNMENT
Page 8 of 238
TOWN OF GREATER NAPANEE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
NOTICE OF PUBLIC MEETING
The Council of the Corporation of the Town of Greater Napanee intends to consider an Official Plan Amendment to the Official Plan of the Town of Greater Napanee and a Zoning By-law Amendment to Zoning By-law 02-22. Pursuant to Section 17(5) and Section 34(12) of the Planning Act (R.S.O. 1990), Council will hold a public meeting on Tuesday, August 22nd, 2017, to outline the content and effect of the Official Plan and Zoning By- law amendments, as well as showing the lands affected. All those interested are hereby invited to attend the public meeting and express their view on the Official Plan and Zoning By-law amendments.
PURPOSE
Applications were received from Red Tree Development to redesignate and rezone a parcel of land located at Reid Street and Dundas Street West (Lot 17, Concession 1). The subject lands are currently undeveloped, relatively flat and well treed. The applicant is proposing construction of a number of residential dwelling units, consisting of a mix of housing types, including approximately 48 townhouse units and 5 single-detached units. A community centre and pool are also proposed as part of the development. The lands are not proposed to be subdivided, but will instead be serviced by a private road and the housing units will be operated as rental units.
The site is primarily designated Low Density Residential in the Town of Greater Napanee Official Plan, and includes areas that are designated Environmentally Sensitive and Environmental Protection (associated with watercourse on property). The property is zoned Future Development (D) in Zoning By-law 02-22. The low density designation permits low density residential uses and building types including, single detached dwellings, semi-detached dwellings, duplexes and accessory uses but does not permit row dwellings. The D Zone permits a limited range of uses, which does not include any type of residential use. The Official Plan Amendment will redesignate the lands from ‘Low Density Residential’ to ‘Medium Density Residential’ to permit the proposed development. The extent of the Environmental Protection and Environmentally Sensitive designations may also be adjusted as part of the amendment, based on site-specific studies. The subject property would be rezoned to a site-specific Residential Type 5 (R5-X) Zone to permit the single-detached and semi-detached dwelling houses. The proposed row houses are permitted within the R5 zone. The site-specific zoning will apply to those lands outside of the watercourse and associated flood-prone lands as opposed to individual residential lots. The proposed zoning will also establish site-specific setbacks for such things as minimum yards, building heights and lot coverage. The extent of the Environmental Protection (EP) zone may also be adjusted as part of the amendment, based on site-specific studies.
Applications : Official Plan Amendment Application PLOPMA 20... Page 9 of 238
EFFECT OF THE OFFICIAL PLAN AND ZONING BY-LAW REQUEST
The Official Plan Amendment and Zoning By-law Amendment will permit the proposed residential development of the site including approximately 48 townhouse units and 5 single-detached units, a community centre and pool.
LOCATION OF PROPERTY
The property is located at the southern-most point of Reid Street, south of Slash Road and north of Dundas Street West. The lands are legally described as Part of Lot 17, Concession 1, geographic township of Richmond, now in the Town of Greater Napanee (see key map).
OTHER APPLICATIONS
The lands are not subject to other applications.
NOTICE OF APPEAL
If a person or public body does not make oral submission at a public meeting or make written submission to the Town of Greater Napanee before the Official Plan Amendment is passed or the Zoning By-law Amendment is passed, the person or public body is not entitled to appeal the decision of the Council for the Town of Greater Napanee to the Ontario Municipal Board.
If a person or public body does not make oral submissions at a public meeting, or make written submission to the Town of Greater Napanee before the Official Plan Amendment is passed or the Zoning By-law Amendment is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.
PUBLIC MEETING PLACE
The public meeting will be held at the Council Chamber of the Town Hall, Greater Napanee, Tuesday, August 22nd, 2017 at 7:00 p.m.
For further information contact:
Gib Garrett, Planning Clerk Town of Greater Napanee 45 Commercial Court Napanee, ON K7R 4A2
Or phone (613) 354-5931 (Extension 2114) during regular business hours.
Susan Beckel (Clerk)
Applications : Official Plan Amendment Application PLOPMA 20... Page 10 of 238 Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario KZR3L4 Application for an Amendment to the Official Plan of the Town of Greater Napanee
For uTliceuse anly DataReceived DateComplete FileNo(s) Fee(s)Paid
1.0 APPLICANT INFORMATION
1.1 Complete the information below and indicate which contact is the Prime Contact (to whom all communications will be directed).
Name Address Phone/FaxfE-mail RegisteredOwner(s)* t2r1O4 L1-c
eli -iç:?%Lfl E-mail
Applicant(s) Business
Lrdc&.,jCu\ Fax AC4flQ41W4 Home/Cell f2 - ReW1z,. 77 (p -EtaI E-mi1
Agent(eg.PlanningConsultant) Business
Fax
Home/Cell
,.... 7 E-mail
Solicitor — Business St- ,6 (oi’-3SI. . 3rid Fax Yruce %-o;: El— -Home/Cell CoL3
if a company, please give name and phone number(s) of principal owner for president).
2.0 LOCATION OF PROPERTY
Lot(s)(Block(s) Concession Registered Plan No. \ Lcc2 ‘P1 L4 Un-fl — I— — —— - — ReferencePlan No. I Part(s) Parcel No. QLS Former Municipality Municipal Address
AssessmentRoll*:
Townof GreaterNapaneeOffIcialPlanAmendmentApplication Page1
Applications : Official Plan Amendment Application PLOPMA 20... Page 11 of 238 ______
2.1 Particularsof the SubjectLand (usemetricunits):
frontage AverageDepth Area
CurrentOfficialPlanDesignation CurrentZoningDesignation 1C)W CY)Yflr
3.0 EXISTING AND PREVIOUS USES OF THE SUBJECT LANDS
Existing use(s) Previoususes 3.2 (if known) Q CC. r 3.3 List any existingBuildingsor Structureson the Property
Yard Setbacks . . Numberof Building Ground BuildangiStmeture Storeys Height Floor Area Front Rear Side Side
3.4 Is the subject land (or buildings) subject to a demolitioncontrol by-law or is it designated or identified for possible designation under the Ontario HeritageAct? YES NO
4.0 PROPOSED USE OF THE SUBJECT LANDS (attachany additional information on a separate page)
4.1 What is the proposed use of the subject lands? -SrO Scor
4.2 List any Proposed Buildings and Structures
Yard Setbacks Number of Building Ground BuildinWStmcture Storcys Height floor Area front Rear Side Side
4.3 IndicateLandUses onAbuttingProperties North______South East West
Town of GreaterNapanee OfficialPlan AmrndmeiitApplication Page 2
Applications : Official Plan Amendment Application PLOPMA 20... Page 12 of 238 5.0 NATURE OF PROPOSED AMENDMENT
5.1 Describethe purposeof the proposedamendment
5.2 Doesthe requestedamendmentchange,replaceor delete a policyin the Offi a1Plan?If yes, identif5the poticy to be changed,replacedor deleted. YES
5.3 Doesthe requestedamendmentadda new policyto the OfficialPlan? LIYES NO 5.4 Does the requestedamendmentproposeto changeor replacethe current OfficialPlan’s land ie designationfor the subject land?If yes, identii’ the new designation. LIYES NO
5.5 What landuses are permittedby the currentofficialplan designationon thesubjectland?
5.6 What land useswould be permittedby the proposedofficialplan amendmenton the subject land?
5.7 lIthe requestedamendmentchanges,replaces,deletesor adds a policyto the OfficialPlan, provide the text of the proposedamendment.
6.0 STATUS OF OTHER PLANNING APPLICATLONS
6.1 Are there anyexisting or havethere been previousapplicationsmadeunderthe PlanningAct for a minorvarianceor a consent,an amendmentto an officialplan or zoningby-lawor a Minister’s zoningorder, or approvalof a plan of subdivisionor a site plan that involves:
a) The subject land? LIYES b) Land within 120metres of the subjectland? LIYES LINO
Town of GreaterNapanee OfficialPlan AmendmentApplication Page 3
Applications : Official Plan Amendment Application PLOPMA 20... Page 13 of 238 6.1 c) IfYES to (a) or (b) above, and if known, list below or attach on a separate page:
Effect on the Address of Type of Application Fite Number Proposed Status Property Amendment
7.0 SERVICING
7.1 Indicate the existing and proposed servicing type for the subject land.
WaterSupply Existing Proopsed SewaneDisposal Existing Proposed Publicpipedwatersystem LI 112’ Publicpipedsewagesystem LI Privatecommunalwell(s) LI LI Privatecommunalsepticsystem LILI Privateindividual well(s) LI LI Individualseptic system(s) LILI Lakeor otherwaterbody LI LI Privy LILI Other means LI LI Othermeans LID
Storm Drainage Existing Prooosed Road Access Existing Proposed Sewers LI [?1 Provincialhighway LI LI Ditchesor swales LI County/regionalroad LI [1 Other means [1 LI Municipalroad lI [!Ei’ Privateroador othermeans [] [
8.0 PLANNING JUSTIFICATION
8.1 Indicate how the proposed amendment complies with the relevant portions of the Official Plan.
8.2 Indicate how the propoyd use(s) will be compatible with the surrounding land uses. 1/ n. A I 4 /1i i h, TiLUjt’It. titkiL’t-“ VfU 1’W fJ çcIic, Oc,:)%
TownofGreaterNepanceOfflUalPtan AmendmentApplication Page4
Applications : Official Plan Amendment Application PLOPMA 20... Page 14 of 238 ______
8.3 Indicatehow the proposedamendmentrelates to the overallgoals and objectivesof the Provincial PolicyStatementissued underthe PlanningAct.
9.0 DECLARATION I
, pf the t’PYIsI)1I& in the (nam fapjIicant) (nameof municipality/township) 1’Jt Countyof 1,1)’JLJPdP)17i7 solemnlydeclarethat all the informationcontainedin this applicationand any supportingdocumentsis true.
Declaredbeforeme at the Town of GreaterNapanee in the unty of Lennox and Addingtonthis tacri:day of. ,‘z=:D7 plicant LJnuar .2O8.
10.0 OWNER’S AUTHORIZATION (if the applicantis not the owner)
I, , of the in the (nameof owner) (nameof municipality/township) Countyof______am the ownerof the landthat is the subjectof this
applicationfor an OfficialPlan Amendmentand I herebyauthorize to act as my agent in this application.
Signatureof Owner
11.0 ACKNOWLEDGEMENT
In ac,rdance withthe provisionsof the PlanningAct, it is the policyof the Town of GreaterNapaneeto pr2e puc ac(ps t all developmentapplicationsand supportingdocumentation.
I, 1,’j , agree and acknowledgethat this applicationand any supporting (nameof applicant mate l,incu studies and drawings,filed withthe applicationis public information,and forms part of the publicrècor.s public information,I hereby consentto the Town photocopyingand releasing the applicationand s4portifg materialsfor either its ownuse inthe processingof the applicationor at
the requestbfa thudp .
Town of GreaterNapanecOfficial Plan AmendmentApplication PageS
Applications : Official Plan Amendment Application PLOPMA 20... Page 15 of 238 RECEIVEDJUL102017
&Q-’L1’> ( ?L 44: SCHEDULE “B” I0 PLANNING FEES BY-LAW
AGREEMENT TO INDEMNIFY
The applicant hereby agrees to indemnify and save harmless The Corporation of the Town of Greater Napanee (“the Municipality”) from all costs and expenses that the Municipalitymay incur in connection with the processing of the applicant’sapplication for approval under the PlanningAct.
Without limiting the foregoing, such costs and expenses will include all legal, engineering, planning,advertising and consultingfees and chargesincurred or payable by theMunicipalityto process the application together with all costs and expenses arising from or incurred in connectionwith the Municipalitybeing required,or requestedby the applicant,to appear at the hearing of any appeal to the Ontario Municipal Board from any decision of the Council or Committeeof Adjustment,as the case may be, approvingthe applicant’sapplication.
The applicant acknowledgesand agrees that if any amount owingto the Municipalityin respect of the application is not paid when due, the Municipalitywill not be required to process or to continue processing the application,or to appearbefore the Ontario MunicipalBoard In support of a decision approvingthe applicationuntil the amounthasbeen paid in full.
The applicant further acknowledgesand agreesthat any amount owing by the applicant to the Municipality is, when due, a debt of the applicantand the Municipalitymay, in additionto any other remedies available to it at law, recover the amount owing together with interest from the applicantby action.
Witness
Witness Applicant
Applications : Official Plan Amendment Application PLOPMA 20... Page 16 of 238 Town of Greater Napanee 124 John Street P.O. Box 97 Napanee, Ontario K7R 3L4 Application for an Amendment to the Zoning By-law of the Town of Greater Napanee
For office use only Date Received Date Complete File No(s) Feets) Paid JUL 13 2017
1.0 APPLICANT INFORMATION
1.1 Complete the information below and indicate which contact is the Prime Contact (to whom all communications will be directed).
Name Address Phone/FaxJE-mail Registered Owner(s)* Business i0g 3L 552cfl - (Q133T-4 n: m\Qro L+c HCel E-mail
Applicant(s) a Business LuC’,4w L3--- L)q ‘1 Fax (Q3-3- -7q5-7 buQne k4,1- Home/Cell iR %.1 (3-&o S% -mail dm COrk- Agent, if any (eg. Planning Consultant) usmness ]
Fax
Home/Cell
Solicitor Business
%cuce fax
2øL- Home/Cell K—yR E-mail Cftti If a company, please give name and phone number(s) of principal owner (or president).
2.0 PROPERTY INFORMATION
Lot(s)/Block(s) Concession Registered Plan No. ?TL1- k0-fl i - Reference Plan No. Part(s) Parcel No. cL former Municipality Municipal Address
Assessment Roll #:
$L Olio 3IQ qo
Town of Greater Napanee Zoning By-law Amendment Application Page I
Applications : Official Plan Amendment Application PLOPMA 20... Page 17 of 238 2.1 Particulars of the Subject Land (use metric units):
Frontage Average Depth Area o cx’-e cuent Official Plan Desi”nation Cmrent Zonin’ Desioiaaflon
2.2 Provide the names and addresses of the holders of any mortgages, charges or other encumbrances in respect of the subject land.
Fl /
2.3 Date the subject land was acquired by the cuffent owner: b S
3.0 EXISTING AND PREVIOUS USES OF THE SUBJECT LANDS
Existing 3.1 use(s) and duration \JQcqn- Lcy-d Previous uses 3.2 (if known) and duration \iC4r4
3.3 List any existing Buildings or Structures on the Property
Yard Setbacks Number Ground Year Building Building/Structure of Floor Built Height Front Rear Side Side Storeys Area
rt C. V()f.
3.4 Is the subject land (or buildings) subject to a demolition control by-law or is it designated or identified for possible designation under the Ontario Heritage Act?
YES NO DDON’TKNOW
4.0 PROPOSED USE OF THE SUBJECT LANDS
4.1 What is the proposed use of the subject lands?
e\cpr r \- 4 or \OUS
Town of Greater Napanee Zoning By-law Amendment Application Page 2
Applications : Official Plan Amendment Application PLOPMA 20... Page 18 of 238 4.2 List any Proposed Buildings and Structures (attach a separate page if necessaiy)
Yard Setbacks Number of Building Ground Building/Structure Storeys Height Floor Area Front Rear Side Side
1 L
4.3 Attach a sketch showing (in metric units): a) The boundaries and dimensions of the subject land; b) The location, size and type of all existing and proposed buildings and structures on the subject land, indicating their distance from the lot lines; c) The approximate location of all natural and artificial features located on the subject land or adjacent land that might affect that application; d) The current uses of land that is adjacent to the subject land; e) The location, width, name and type of any roads within or abutting the subject land; f) The location of parking and docking facilities if access is to be by water only; and g) The location and nature of any easements affecting the subject land.
5.0 NATURE OF PROPOSED REZOMNG
5.1 Describe the nature and extent of the rezoning requested. k -\\ cCC)—
5.2 State the reason(s) why the rezoning is requested.
.S’€r Or-
5.3 Does the requested rezoning conform to the Official Plan? YES NO If yes, explain how it confonTis.
If no, has an application for an Official Plan amendment been completed? YES NO
6.0 STATUS OF OTHER PLANNING APPLICATIONS
6.1 Have there been any previous applications made under the Planning Act for a consent, approval of a plan of subdivision or an amendment to the zoning by-law or as the subject land ever been the subject of a Minister’s Zoning Order? YES NO
Town of Greater Napanee Zoning By-law Amendment Application Page 3
Applications : Official Plan Amendment Application PLOPMA 20... Page 19 of 238 6.2 If YES to 6.1, and if known, list below or attach on a separate page:
File Type of Application Number/Ontario Details Status Regulation Number
7.0 SERVICING 7.1 Indicate the existing and proposed servicing type for the subject land. Water Supply Existing Proposed Sewage Disposal Existing Proposed Public piped water system Public piped sewage system
Private communal well(s) Private communal septic system
Private individual well(s) Individual septic system(s)
Lake or other water body Privy
Other means Other means
Stonn Drainage Existing Proposed Access Existing Proposed Sewers Provincial highway D LI Ditches or swales County Road Other means Municipal road LI IE1 Water LI LI Other means [] LI
8.0 PLANNING JUSTIFICATION
8.1 Indicate how the proposed use(s) will be compatible with the surrounding land uses.
c-- rA L—I ic...,
8.2 Indicate how the proposed amendment relates to the overall goals and objectives of the Provincial Policy Statement issued under the Planning Act.
Town of Greater Napanee Zoning By-law Amendment Application Page 4
Applications : Official Plan Amendment Application PLOPMA 20... Page 20 of 238 ______
9.0 DECLARATION
i, lindxxe ui4 , of the Q (ctv ‘q-e in the (name bf applicant) (name of municipahty/townshi) County of solemnly declare that all the information contained in this application and any supporting documents is true.
Declared before me at the Town of Greater Napanee in the County of Lennox and Addington thisi day ( V f Gre i4stcYafle€. Commiitrner of Oais Applicani
Th.o OWNER’S AUTHORIZATION (if the applicant is not the owner)
I -, of the O in the (name of owncr) (name of municipaIity/tos1nship) County of L-mc).. € am the owner of th lnnH that is the subject of this
application for a zoning by-law amenent and I hereby authorize - - to act as my agent in this application.
Signature of Owner
11.0 ACKNOWLEDGEMENT
In accordance with the provisions of the Planning Act, it is the policy of the Town of Greater Napanee to provide public access to all development applications and supporting documentation.
I, Lnd , agree and acknowledge that this application and any supporting (nam of applicant) material, including studies and drawings, filed with the application is public information, and forms part of thepublic record. As public information, I hereby consent to the Town photocopying and releasing the/pplication and supporting materials for either its own use\n the processing of the application or at equest of any third p .
/ Sig ature Date /
Town ofGreatcrNapancc Zoning By-law Amendment Application Page 6
Applications : Official Plan Amendment Application PLOPMA 20... Page 21 of 238 RECEIVED JUL 102017
J2DIW9 %II-
SCHEDULE “B” TO PLANNING FEES BY..LAW
AGREEMENT TO INDEMNIFY
The applicant hereby agrees to indemnify and save harmless The Corporation of the Town of Greater Napanee (“the Municipality”) from all costs and expenses that the Municipality may incur in connection with the processing of the applicant’s application for approval under the Planning Act.
Without limiting the foregoing, such costs and expenses will include all legal, engineering, planning, advertising and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Municipal Board from any decision of the Council or Committee ofAdjustment, as the case may be, approving the applicant’s application.
The applicant acknowledges and agrees that if any amount owing to the Municipality in respect of the application is not paid when due, the Municipality will not be required to process or to continue processing the application, or to appear before the Ontario Municipal Board in support of a decision approving the application until the amount has been paid in full.
The applicant further acknowledges and agrees that any amount owing by the applicant to the Municipality is, when due, a debt of the applicant and the Municipality may, in addition to any other remedies available to it at law, recover the amount owing together with interest from the applicant by action.
Witness
Witness Applicant
Applications : Official Plan Amendment Application PLOPMA 20... Page 22 of 238 Y O R K S T
S Y E R oO R R I C C T K E H S S M N U T T O S S N LY ER D V E P B A
R
K
D R W T W S T S S A D ER N T U A W D W ST GE A RID N B GU
S
D R
H C A H R E R T W R SL Y O A W S O H O D R R E D O C I D R D
E P S S K T Y
R
I V E R
V I E "Subject Site" W
D
R
9 D R Y T N U O C
2
D R Y T N U O C
Key Map Reid Street south of Slash Road and north of Dundas Street West Part of Lot 17, Concession 1 Town of Greater Napanee County of Lennox and Addington Scale: 1:10,000 Project: 108548 Date: July 13, 2017
J:\108548_TOGN_RedTree\5.9 Drawings\59urban\current\108548_Key_Map.mxd
Applications : Official Plan Amendment Application PLOPMA 20... Page 23 of 238 Applications :Official Plan Amendment Application PLOPMA 20...
-..lVl:.U JULJOZUJJ Cute DRAWNC Nu 25 February 2016 26 June 2017 spi
1 of 1
BThPrc1ect Number 16-07
Ci,nnt Pro1eut Number
updored FL set000u
trEASUREDSCALEFOR PAPER SIZING 3 i3rrn
RED ncica:es required Sn Rnfn I: mCiC doI OCt01 cr SAnc C CCCSS.i9 susIe 1 1x17 droeirgs ore ho’ sIde 0’ ha setback lice ‘-or ‘locd plain lice 00:05 Onto (1 50 I 100) Ic5eono/ StWOuAe
eleuC:Ds : ‘COG Z!Oifl Ball —gRn ‘coo ploic lice used B Technical Services 5 contour lice SCm Coll:lSs3ys3e-1823Onel [email protected]. Site lnueotigotionhlnspnaban/ROF0rI T prouunganoJ Doouocnt Prnporabon
5- 5-_Z q 0 0 uJ-, 0 ‘3 -
//
Residential R5-5 PROVIDED REQUIRED TypicalEndUnit 8°.I m2 80.0 m2 TypicalCentre Unit 00.9 m2 80.0 mZ Building1-leight 5.36m Ocr Max. eu)Gtooq,,road / surface ‘—_. UnitParking 106 spaces )O6space5
Page 24 of238 ( Ii Carages— 53 Spacesp1osEuterior= 53 Spaces
AdditionalParking 27 Spacesplus3 Handicapped 0 AREA COVERRCEC oZ’+86.6m2 00%
12- 4 Unir Boildin 5580 mZ 8.9%
- Single’Buildin 69)ni2 1.1% Cerdne 2Bltn2 0.4% Area -m2 -m2 -% -m2 -% RECEIVED AUG162017 Mayor Gord Schermerhorn and councilors of the Town of Greater Napanee ACCESSTOTHEPROPOSEDNEW REDTREEDEVELOPMENT— DUNDASSTREET
We the undersigned are petitioning Town Council to modify the access to the proposed Red Tree Development— Dundas Street from Reid Street to the Dewey Hunt Drive.
Reid Street is entered via Slash Road which is .46km in length, 6.51m (21.5ft) wide with approximately 32 residences. Slash Road is used by many vehicles as a short cut to reach either Bridge Street or County Road #2 (Dundas Street W), which at this time poses a distinct risk to area residents walking in the area as there are no sidewalks. There are also problems when vehicles meet on either one of two sharp curves on Slash Road where the travelled portion of the road actually narrows.
Reid Street is .2km in length, 7.5m (25ft) wide and has 18 residences.
The proposed plan calls for 58 units to be built with 118 parking spaces and 37 additional spaces to include 3 handicapped spaces. Predictably, this would see more than 80 additional vehicles using both Reid Street and Slash Road in the future.
On both Slash Road and Reid Street with this size of a project, one can’t be certain of the time frame for completion, but it will be lengthy, leaving residents in this area facing continuous construction traffic for a long time and heavy residential traffic in the future on both 21—25 ft. streets.
**Slash Road and Reid Street were not designed for this additional traffic as they are narrow roads, with the absence of sidewalks, and with the presence of both construction and additional residential vehicles, this will pose an unnecessary hazard to area residents already facing some problems with traffic on their streets.
We are not onnosed to the development, but we do onoose accessing it from Reid Street.
Petition from Reid Street Residents Re: Access to the Propos... Page 25 of 238 Petition from Reid Street Residents Re: Access to the Propos... UOq!49d Dj 14 IPUflOD JO SqI UMO! 40 JOjE8iQ (T1 eeuedeN (penuiuoo) rrprya Page 26 of 238
rr (Q sq_ q Petition from Reid Street Residents Re: Access to the Propos... uo!lfled 01 W?7 94! d I!DUflOO jo
r9 aip UMOI jo 5gOY ie;eeio (Yt\J BauBdeN (penu!juoo) Page 27 of 238
4)flW -
S
Petition from Reid Street Residents Re: Access to the Propos...
i7
1,0
h)/Jos1
Aas’
Petition
ft
qZ
375L45R
3
i’iO.foa
6fr&’
s’-ii
siL
to
5L45c/
AvoQc6c
%A1-e
sg
the
sL
to
Council
Pd
‘
Knit
Tim
of
/1t
R
the
Rk
z QAnhøci,diho1,
.—.
Town
wonio
I
/1474
CY\cw
CtftCi
of
5zônc
7sSQ DA°,9
?rV
jj;
Greater
‘7o
rr Nso-&
Lkn
M9Ar
Napanee
i3ntrdan
(Ucjt1c.
evo
L\kIk14Q(
9c”
oj
Dt-tg
4’pr)
acQ-
&cL
P0,t (continued)
;Ej
L-i-
elof
dA9Q h
I
4J
ltL1O p Page 28 of 238 - t%)LNLo/4
— it Petition from Reid Street Residents Re: Access to the Propos...
c, &
r’ . 1’ 0 40 ) 0 Ft0 S Page 29 of 238 Petition from Reid Street Residents Re: Access to the Propos... uo!lflGd 01
scrrwØiJ Gui LT I!OUflOQ 811140 UMO! JO JOEOJ9 “N (_)I BeuBdeN (panuquoo) Page 30 of 238 -
cr.cYy4irr)q
‘-i-s -.1-fl—-.------...-.... -. a.... ‘:: 11 : II 4______..,, ]i
Ii •‘•——
4 The Sandl%rst Shores Ratepayers’ In&arated1977g __ \ it.
__ I l9April2Ol7 / . ii Town of Greater Napanee . l24JohnStreet,P.O.Box97 Jfr1 Napanee, ON, K7R 3L4 ! i 9 [ 1 Dear Mayor Schermerhorn and Ward Councillors,
i TJ The Executive Committee and members of The Sandhurst ShoIejatepayers’ thank-you most sincerely for the leadership you demonstrated within The Town of Greater Napanee i -i Council and your inspired vision for a Greater Napanee that encompasses the constituent 1 41 rural communities, as demonstrated by your gaining a positive resolution in Council
1 authorizing road resurfacing for our community in 2016.
‘! This work achieved a significant enhancement to our quality of lifeand for that we are truly ‘ grateful.
and all of the men and women within the Town of L 4) Best wishes to you, your families
i Greater Napanee who worked so hard to make this hajen.
. Respectfully Yours / j// l 4 i1 Douglas N. Reid Maj (Retd) CD, MMM,
• President . - —, —.- i •4 The Sandhurst Shores atepJ4elcs ‘tz, J tt, /9 i’ — — - : ‘t Vtt;r :
______,:
Douglas Reid, President - The Sandhurst Shores Ratepayers' R... Page 31 of 238 The Royal Flying Corps and Camp Rathbun 100th Commemorative WRAP-UP SUMMARY
Event Date: June 10th, 2017
Locations: 1. Gold Wing Ranch, 126 Deseronto Road, Napanee 2. Deseronto Community Centre Hall, 51 Mechanic Street, Deseronto
Goals: Target Audience, Message, Objective (who, what, where?)
The Kimmett family invited the public to a grassroots non-funded heritage event in celebration of the RFC WW1 Pilot Training Camps (Canada) and to pay an ode of remembrance to all the airmen stationed while in Deseronto between 1917 and 1918/19. During this time period approximately 3000 pilots were trained, 55 airmen stationed in Deseronto died and 7 of those men are buried at the Deseronto Cemetery. The Canadian Government designates Canadian participation in the Royal Flying Corps as an event of National Historical Significance.
The Kimmett family connect themselves to this significant heritage as their farm Gold-Wing Ranch was the location of Camp Rathbun a RFC/RAF pilot training camp in Deseronto. The property was secured for an airfield by the British Imperial Royal Flying Corps to train Canadian, British and American pilots during WW1. This history is mostly unknown and or forgotten. The event was an overwhelming success as it took this forgotten and lying dormant significant history and its vast archival collection and transformed it into an engaging history and remembrance event for local residents, visitors, tourists, veterans and youth. The event was additionally successful with taking this forgotten heritage to boost an appreciation for our roots and with educating our community of what came before us along with what sacrifices have been made by our Canadian Armed Forces.
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 32 of 238
Key volunteers: Caralee Paul, Barry Robinson, David Wilson, Nolan and Montana Myers, Ben and Eli Sweet, Tia Henderson, Tom Tinney, Chrystal Dupuis, Kaitlyn Halvorsen, Joshua Kimmett , Jordan Detlor, Rhys and Jay Fisher, Darren Green and Matt Duke
Facilitators, participants, speakers, musicians, contributors, exhibitors…. Nancy Bruinsma, event organizer Terry Kimmett, property owner Gold-Wing Ranch, former site of Camp Rathbun Montana Myers, flag raising opening remarks & volunteer Maj. William March, RCAF, Master of Ceremony Colin Keiver, 8th Wing Commander, RCAF, Speaker at flag raising The Belleville Air Force Association, Patricia Hope, flag raising organizer Murray Hope, raised the Canadian flag Maj. Sercel (436 Sqn) USA, raised the American flag Sqn Ldr Drew Anderson RAF, raised the British flag Katherine Humphreys (Grand Niece of 2lt Colin Humphreys), raised the Royal Flying Corps flag Stephen Medd, anthem & musician organizer Jen Brant, musician, sang O’Canada partially in her First Nations language (very fitting/significant and cultural) A truth and reconciliation moment. Ava Nicholls, musician, sang God Save the Queen Chantal Johnston, musician, sang the Star Spangled Banner Stephen Medd, musician, sang Ribbon of Gold Stephen Clifford Trott, provided sound equipment Meghan Prudhomme, musician, played the fiddle 8th Wing, RCAF, musicians, bagpipe and bulgiest 8th Wing, RCAF, 20 member contingent / Honour Guard 8th Wing, RCAF, supplied spectator tents The Deseronto Legion, Flag Colour Party The Napanee Legion, supplied tables and chairs Frontenac Military Vehicle Association, supplied backdrop of vintage military vehicles the Town of Greater Napanee, paid for flag pole concrete base, helped with promotion Davis and Davis, donated flag pole hardware the Lennox Agricultural Society, supplied spectator chairs Canadian Tire Napanee, supplied tent for cake cutting and refreshment
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 33 of 238 table Napanee District Secondary School, supplied road pylons Bob’s Portable Toilets, supplied two portables toilets the Ontario Provincial Police, supplied two officers for traffic control the Town of Deseronto, donation of hall rental the Deseronto Community Centre Staff -Sarah, Matt and Brenda the Deseronto Gun Show organizer Dave Jones and his family Deseronto Transit Staff -Margaret and Susan Napanee and District Rod & Gun Club, $250 cash donation All About Signs, discount on heritage signs Seniors Outreach Services, helped with promotion Patrick Barkley Photos, videos on YouTube Gale Hayward, exhibitor Brad Towns, exhibitor the Deseronto Library, exhibitor the City of Belleville and Hastings County Archives, exhibitor the Lennox and Addington Museum, exhibitor the Department of National Defence, exhibitor the Adolphustown Fredericksburgh Heritage Society, exhibitor Chris Anstead, exhibitor Emer Bowes, exhibitor the National Air Force Museum, exhibitor the Canada Aviation & Space Museum, exhibitor William McNaught, exhibitor, $140 donation, donation of book “Vimy Letters from the Front” the Vintage Aviation Team, exhibitor and donation of Research Bulletin which may be research material used for the Camp Rathbun Project with Memorial University History Lives Here Inc., recording the day’s events, interviews, future promotions
Attendance: It was a tremendously successful event, the attendance at the Deseronto Community Centre Hall to view heritage exhibits was approximately 2000 people. The attendance at the farm, Gold-Wing Ranch, former site of Camp Rathbun for the Flag Raising was approximately 300 people.
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 34 of 238
Funding:
The overall cost of the event was approximately $16, 000. After donations, canteen sales, and merchandise sales the losses paid out by Nancy Bruinsma and Terry Kimmett was approximately $4000.
Reactions:
The feedback from the community has been overwhelmingly positive with many in attendance making very affirmative comments. The Mayor of Deseronto, Norman Clark has written a letter of gratitude with thanks for organizing the event with an invitation for a future meeting and suggestion of an annual heritage event; his words “Deseronto has not had that many visitors in quite some time” & “I have heard nothing but compliments about the display presentation at both locations. A notable exhibit artifact was that of Chris Anstead and the return of the Camp Rathbun Individual Challenge Cup to Deseronto after 100 years.
Also the donation from Jean Curran (Gaylord) to the Kimmett family of an artifact from Camp Rathbun. A swagger stick which was unearthed years ago in a neighbour’s field was donated. Dr. Michael Deal from Memorial University has since commented that this is a very rare artifact.
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 35 of 238
Also the presentation of a Research Bulletin prepared by The Vintage Aviation Team will be a useful resource for future promotion and projects.
Another very notable story and artifact was that of Gord Young who provided pictures of his great uncle’s training log and the relationship his uncle developed with a First Nations cadet at Camp Mohawk and the use native code talk during training with artillery spotting. A fascinating story to be told which has never been reported on in Canadian Military Aviation literature to my knowledge. A truth and reconciliation moment.
Learning points: The need to seek sponsorship for future event(s) as the financial burden was substantial for Nancy Bruinsma and Terry Kimmett. The need for an organization committee well in advance of any future event(s) to promote, organize, solicit volunteers / exhibitors / partners / funders and donators etc.
Future Developments: Memorial University located in Newfoundland is preparing and submitting an application for an archeological permit for the former site of Camp Rathbun. This would be a University Project and has the full support of Terry Kimmett, property owner and the support of Maj. William March RCAF Historian. Nancy Bruinsma has purchased the house which was Camp Rathbun’s Hospital, also called Quinte House RAF Hospital. The house abuts Gold- Wing Ranch. Several airmen died at the hospital and over 1400 injuries were treated there. The possession date is June 29th, 2017 with the plan for future onsite, year round heritage promotion at the location. The flags at former Camp Rathbun will be lowered on the next 54 days of the Deseronto stationed airmen deaths, July 12th is the next lowering flag date in memory of a 19 year old cadet, from Toronto, Ontario. The promotion and recognition of Camp Rathbun Hangars which are now located at the Napanee Fairgrounds; 4 day heritage display will be set up by Nancy Bruinsma during the August Civic long weekend during the
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 36 of 238 Napanee Fair. The promotion and recognizing of Camp Rathbun during the Mega Lennox and Addington Geocache event starting on August 16th until August 19th . Former site of Camp Rathbun is a Historical Geocache site location for this event. The organizing of a Commemorative event for 2018 in recognition of the 100th Anniversary of the Royal Air Force. The event should make every effort to share the stories of Camp Mohawk and the contributions of First Nations people to the CAF.
Pictures from the day….
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 37 of 238
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 38 of 238
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 39 of 238
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 40 of 238 Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 41 of 238 Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 42 of 238
Napanee Beaver Newspaper – June 15th
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 43 of 238
Thank you notice in the Napanee Beaver Newspaper – June 22nd
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 44 of 238
You may visit Gold-Wing Ranch at www.kimmettherefords.com to enjoy pictures, stories & videos of the day. Video links also attached. https://youtu.be/dayzktKCduw https://youtu.be/1ki_kqRLtWE You may also visit “X Squadron, Camp Rathbun” on Facebook.
Prepared by: Nancy Bruinsma
Nancy Bruinsma Re: Thank you to Council for the Town's suppo... Page 45 of 238 0) The Corporation of_the ‘C’ Township of Iyendinaga
F RICK PHILLIPS P Reeve F C:613.9226473 • H:613.477.3129 r4á E: [email protected]
F) Mun[dpal Office 1:613 395.1944 859 N1ercse Rd. RR$ 1 E. [nfo@tyenthnagBtcwnch:p.cDm ShannonvWe,On KOK3A0 www tyendinag:cwr.s .hp F corn F INFORMATIONPACKAGE F I
F F
F
p
F
F
F
F
js1,
YOUTH-2-YOUTHSUMMIT FRIDAYSEPTEMBER 29, 2017
Reeve Rick Phillips, Township of Tyendinaga and Maddison Ell... Page 46 of 238 July 10,2017
The Town of Greater Napanee 124John Street.P.O. Box97 Napanee,ON K7R3L4
Dear Mayor Schermerhorn & Membersof Council.
LastJune, a nunther of regional stakehoidersattendedthe second Rural OntarioSummitin Stratford, Ontario.This includedformer Wardenof HastingsCountyand current ReeveofTyendinaga Township Rick Phillips,Mayorof HastingsHighlandsVivian Bloom,BancroftCounciilorBill Kilpatrick,as well as a numberof young people from the area.The themeof the conference was ‘Buildingthe Future’,with a specific Focusonyouth. The four keythemes includedopportunitiesfor educationand training:creating jobs and entrepreneurship;buildingstrongsocial infrastructure;and engagingyouth in civic leadership. The goal of this eventwas to facilitatediscussionand better informpolicy makerson these fouressential buildingblocks forthe recruitmentand retentionof youth.
The passion,enthusiasmand fonvardthinkingthat we witnessedin Stratfordwas inspiring!We hopeto build on this momentumat the locallevel. Currently,a groupof local youth and communityleadersare workingtogetherto organize a similarevent in our area. As in Stratford.the overarchinglocus will be on youth. Weare currentlyengaging in meaningfuldiscussionswith local youthagencies to help identi topics of importance.Thus far, mentalhealth,volunteerismand civic engagement.as well as entrepreneurshipand the environmentare someof the issuesthat have emergedas priorities.Once this consultationprocessis complete,the summitagendawill be finalized.Our vision for this conference includesguest speakers, interactiveactivities,brainstormingsessions, and discussionquestions.Together with our localyouth, we will work in partnershipto help findconcrete solutionsto these localproblems.
This event has beencoined ‘the Youth-2-YouthSummit’,and will take place FridaySeptember29, 2017 at the TyendinagaTownship FlaIl.Youth from Bancroft,Madoc.Napanee, Belleville.Quinte West, Picton,and surrotindingareas will be invitedto participatein summit activities.We are also workinghard to ensure that the voices of Indigenousyouth are heardat this event. By extendinginvitationstoyouth fromall over the region,we hope to capturea regionalvoiceand perspectiveon local issues.
The Youth-2-YouthSummit is an extraordinaryopportunity’to empoweryouth in tins region.and to make them part of the solutionto longstandingchallengesin this area. Please findencloseda savethe date for
this muchanticipatedevent. I look forwardto providingyou with hinher details in the comingweeks.
Sincerely,
MaddisonEllis Youth-2-YouthPlanningCommitteeMember ellis.mqueensu.ca 613-921-1561
Reeve Rick Phillips, Township of Tyendinaga and Maddison Ell... Page 47 of 238 Reeve Rick Phillips, Township of Tyendinaga and Maddison Ell...
— W ‘W4’ ‘W ‘V — — V V V V V W V ‘V V V V V ‘V V V V V V IV V V V V ‘V V I /“ SAVE THE DATE For Youth-2-Youth Summit 2017
.
Page 48 of 238 Friday’ September 29 2017 . Tyending Township HII 363 McFarlane Road RR1 Shannonville’ ON Reeve Rick Phillips, Township of Tyendinaga and Maddison Ell...
IWW’W’W’W’W’WW — ‘ ‘WW ‘WV’. W VU V VU ww wwwvcwwm
2 Page 49 of 238 TOWN OF GREATER NAPANEE REGULAR SESSION OF COUNCIL
Minutes of Meeting Held June 27, 2017 at 7:00 PM Council Chambers, Town Hall - 124 John St., Napanee
PRESENT: Mayor Gordon Schermerhorn in the Chair, Deputy Mayor Marg Isbester, Councillor Ward 3 Roger Cole, Councillor Ward 4 Carol Harvey, Councillor Ward 5 Shaune Lucas
ABSENT: Councillor Ward 1 Michael Schenk, Councillor Ward 2 Max Kaiser
CALL TO ORDER Mayor Schermerhorn called the meeting to order at 7:01 p.m. Mayor Schermerhorn wished everyone a Happy Canada Day. ADOPTION OF AGENDA RESOLUTION #284/17: Harvey & Cole That the Agenda of the Regular Session of Council dated June 27, 2017 be adopted as presented. CARRIED. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest. PRESENTATIONS Presentation of the 2017 Senior of the Year Award Mayor Schermerhorn read the nomination letter for Bill Casselman and presented him with the Town of Greater Napanee's 2017 Senior of the Year Award. DEPUTATIONS Genie Huffman and Keith Shantz, Welch LLP Re: Presentation of the Town of Greater Napanee's 2016 Draft Financial Statements Genie Huffman presented the 2016 Draft Financial Statements and provided the following highlights: ▪ There were no internal control issues flagged. ▪ Operations: $21,959,669 in revenue and $22,412,813 in expenses ▪ Surplus of $1,789,890 due to increased capital revenues and project deferrals ▪ Cash Position and Long Term Investments: $11,600,000 ▪ Reserves and Reserve Funds Balance: $10,613,897 ▪ Long Term Debt has been reduced by $1,300,000 to $9,000,000 ▪ Tangible Capital Assets: $111,382,545 ▪ Accumulated Surplus: $115,600,000 ▪ Unrestricted Surplus: $3,900,000 RESOLUTION #285/17: Isbester & Cole That the Council of The Corporation of the Town of Greater Napanee receive and approve the 2016 Financial Statements as presented by the Town's auditing firm Welch LLP. CARRIED.
Page 1 of 8
Regular Session of Council - June 27, 2017 Page 50 of 238 REGULAR SESSION OF COUNCIL - June 27, 2017 Minutes
Resi Walt, Member Services Representative-Ontario Federation of Agriculture and Leonard Austin, President-Lennox & Addington Ontario Federation of Agriculture Re: FARM 911 - The Emily Project Resi Walt and Leonard Austin were in attendance to provide Council with information regarding the Farm 911 - The Emily Project, which is an initiative to have 911 signs installed at property entrances to farms, sugar bushes, fields and other properties where there are no residences in four Counties. The project will be launched at the Hastings County Plowing Match on August 23, 2017 at 11:00 a.m. and invited Council members to attend. Following the launch, they will start promoting the project.
Pam McCracken Re: Greater Napanee Sports Hall of Fame Pam McCracken, Greater Napanee Sports Hall of Fame Selection Committee member, was in attendance to provide Council with an update. Ms. McCracken advised that 2017 marks the 20th anniversary of the Hall of Fame, and it has been 10 years since the last induction. The selection committee has been expanded to 12 members and will be reviewing and updating the selection criteria and advertising for nominations. An induction ceremony is planned for the fall of 2017 with presentations to be made at the Mayor’s Levee. RESOLUTION #286/17: Harvey & Lucas That the Council of the Town of Greater Napanee endorses the Greater Napanee Sports Hall of Fame Selection Committee; And further that Deputy Mayor Isbester be appointed as the Council Liaison on the committee as a non-voting member. CARRIED.
Kelly Ann Yuzichuk, Youth Facilitator RE: Y2K Youth Initiative Kelly Ann Yuzichuk, Youth Facilitator, Noor Ul Huda and Reid Cunningham were in attendance to provide an update of the Y2K Youth Initiative expansion into Greater Napanee, in partnership with the Chill Zone, and some events that have taken place to date. The initiative represents youth and adults working collectively to make KFL&A a more youth friendly and inclusive community. Ms. Yuzichuk asked for Council’s support of this initiative and to attend youth events. Town staff will advise Ms. Yuzichuk how to post events to the Town’s web site calendar. Elaine Taranu Re: Pearl Street and Rotary Park Elaine Taranu presented a petition from some Pearl Street residents highlighting concerns regarding the Rotary Park, including vehicle speed on Pearl Street, parking, teenagers making noise at night and littering. Ms. Taranu advised that she calls the OPP every second or third night. Ms. Taranu would like to see speed bumps or other methods to deter speeding, a dusk to dawn noise by-law; and a smoking area and ashtrays in the park.
Peter Dafoe, General Manager-Infrastructure Services advised that temporary speed bumps will be installed on Pearl Street soon until the street reconstruction is done in the fall. Mr. Dafoe further advised that a meeting with Town staff and the OPP is scheduled for next week to discuss the parking, noise and littering issues raised to date.
Page 2 of 8
Regular Session of Council - June 27, 2017 Page 51 of 238 REGULAR SESSION OF COUNCIL - June 27, 2017 Minutes
Council Resolution to Accept Additional Deputations with No Notice, if required. RESOLUTION #287/17: Harvey & Isbester That Council accept additional deputations without notice. CARRIED.
John Stinson provided comments on the survey conducted by LeisurePlan for the aquatics feasibility study. Mr. Stinson suggested that information from other municipalities regarding use patterns after a facility had become operational would supplement the survey information and give Council a good basis to make a decision regarding a pool.
Bill Russell advised Council that representatives from the Lions Club have previously met with Town staff regarding being involved with beautification and any upgrades to the parking area at Lions Park. Mr. Russell further advised that the club would like to continue to be involved, including financial support; however the club would be concerned with extending the parking area further into the park property. ADOPTION OF MINUTES Regular Session of Council - June 13, 2017
RESOLUTION #288/17: Isbester & Cole That the minutes of the Regular Session of Council dated June 13, 2017 be adopted as presented. CARRIED. Special Session of Council - June 16, 2017
RESOLUTION #289/17: Harvey & Isbester That the minutes of the Special Session of Council dated June 16, 2017 be adopted as presented. CARRIED. CORRESPONDENCE FOR INFORMATION RESOLUTION #290/17: Cole & Lucas That the Correspondence for Information items dated June 27, 2017 be received. CARRIED. RESOLUTION #291/17: Isbester & Cole That the Council of the Town of Greater Napanee receive and support the resolution from the Council of the Town of New Tecumseth adopted on May 29, 2017 requesting that the government of Ontario insist that all bills from companies supplying products derived from carbon based fuels, including but not limited to, products such as natural gas, propane, hydro, gasoline and furnace oil, to Ontario residents show the carbon fee/tax on a separate line of the bill; And further that the Province of Ontario be required to annually report to Ontario citizens on the proceeds of the carbon tax; And further that this resolution be forwarded to the Premier, the Minister of Energy, Randy Hillier, MPP and AMO. CARRIED.
Page 3 of 8
Regular Session of Council - June 27, 2017 Page 52 of 238 REGULAR SESSION OF COUNCIL - June 27, 2017 Minutes
CORRESPONDENCE FOR ACTION County of Lennox & Addington - June 8, 2017 Re: Request for Temporary Street Closures
RESOLUTION #292/17: Harvey & Lucas That Council receive for information the correspondence from the County of Lennox & Addington dated June 8, 2017; And further that Council approve the County's request for temporary street closures for the County's Canada 150 celebrations on Saturday, August 19, 2017 from 5:00 p.m. to 11:00 p.m.as follows: ▪ Thomas Street from East Street to Alma Street ▪ Alma Street from Bridge Street to Thomas Street ▪ Adelphi Street from Bridge Street to Thomas Street, subject to the following conditions: (i) that residents who live on the closed streets and Emergency Services personnel be provided access; and (ii) that the County provide advance notification to the residents on the closed streets regarding the event and road closures; And further that the Town's Public Works department provide traffic barricades and cones to the County during these temporary road closures. CARRIED.
Matrix North American Construction (NAC) - June 9, 2017 Re: Request to Extend the Matrix NAC (Napanee Generating Station Project) Exemption to the Town of Greater Napanee By-law 04-60, as amended by By-law 06- 49
RESOLUTION #293/17: Isbester & Cole Whereas Council adopted Resolution No. 494/15 on October 13, 2015 granting Matrix North American Construction (Matrix NAC) an exemption to the Town's noise by-law for construction work at the Napanee Generating Station site at 7143 Highway 33 until July 30, 2017; And Whereas Council has received correspondence from Matrix NAC dated June 9, 2017 requesting an extension to the noise by-law exemption; Now Therefore Council grants an extension to the exemption to the Town's Noise By- law No. 2004-60 as amended to permit Matrix NAC to perform the operation of equipment in connection with construction and excavation work outside the hours of 7:00 a.m. to 9:00 p.m. at the Napanee Generating Site located at 7143 Highway 33 to the end of project construction. CARRIED.
The United Counties of Leeds and Grenville - April 20, 2017 Re: Resolution asking the Ministry of Transportation of Ontario to look at measures to reduce speed and enforce these speed reductions on 400 series highways when severe storm conditions exist.
RESOLUTION #294/17: Isbester & Cole That the Council of the Town of Greater Napanee receive for information the correspondence from The United Counties of Leeds and Grenville dated April 20, 2017; And further that Council supports The United Counties of Leeds and Grenville Council Resolution No. CC-040-2017 requesting the Ministry of Transportation of Ontario to
Page 4 of 8
Regular Session of Council - June 27, 2017 Page 53 of 238 REGULAR SESSION OF COUNCIL - June 27, 2017 Minutes
look at measures to reduce speed and enforce these speed reductions on 400 series highways when severe storm conditions exist. CARRIED.
Municipality of East Ferris - May 23, 2017 Re: Resolution of Support for a letter from Cheryl Gallant, MP regarding the Trudeau Liberals removing the tax-exempt portion of remuneration paid to local officials from their 2017 Federal Deficit Budget.
RESOLUTION #295/17: Cole & Isbester That the Council of Town of Greater Napanee receive for information the correspondence from the Municipality of East Ferris dated May 23, 2017; And further that Council supports the Municipality of East Ferris Council Resolution No. 2017-174 supporting the letter from Cheryl Gallant, MP regarding the Trudeau Liberals removing the tax-exempt portion of remuneration paid to local officials from their 2017 Federal Deficit Budget. CARRIED.
Municipality of Brockton - May 23, 2017 Re: Resolution Opposing an Amendment to the Conservation Authorities Act
RESOLUTION #296/17: Cole & Isbester That the Council of the Town of Greater Napanee receive the correspondence from the Municipality of Brockton dated May 23, 2017; And further that Council supports the Municipality of Brockton Council Resolution No. 17-14 opposing an amendment to the Conservation Authorities Act that would require Conservation Authority Boards to have a composition of 50% of the members with scientific backgrounds. CARRIED.
Ministry of the Environment and Climate Change - June 16, 2017 Re: Response to Town's Correspondence of May 24, 2017 regarding Environmental Assessment (EA) for the Beechwood Road Environmental Centre (BREC) proposed by Waste Management of Canada (WMC)
RESOLUTION #297/17: Harvey & Isbester That Council receive for information the correspondence from the Ministry of the Environment and Climate Change dated June 16, 2017 providing a response to the Town's correspondence of May 24, 2017 regarding Environmental Assessment (EA) for the Beechwood Road Environmental Centre (BREC) proposed by Waste Management of Canada (WMC). CARRIED. UNFINISHED BUSINESS Councillor Harvey inquired if the building at 18 Water Street was being ventilated. Peter Dafoe, General Manager-Infrastructure Services advised that since the utilities to the building have been disconnected, there has been no entry by Town staff.
Mayor Schermerhorn called a recess of the meeting at 8:30 p.m. Mayor Schermerhorn reconvened the meeting at 8:34 p.m.
Page 5 of 8
Regular Session of Council - June 27, 2017 Page 54 of 238 REGULAR SESSION OF COUNCIL - June 27, 2017 Minutes
COMMITTEE REPORTS Community Development Advisory Committee (CDAC) - May 25, 2017
RESOLUTION #298/17: Isbester & Harvey That Council receive and adopt the minutes of the Community Development Advisory Committee (CDAC) dated May 25, 2017. CARRIED. Napanee BIA Board of Management - March 15, 2017, April 19, 2017 and May 23, 2017 RESOLUTION #299/17: Lucas & Harvey That Council receive and adopt the minutes of the Napanee BIA Board of Management dated March 15, 2017, April 19, 2017 and May 23, 2017. CARRIED. STAFF REPORTS Infrastructure Services (Planning) - Zoning By-law Amendment PLZACO 2017 009
RESOLUTION #300/17: Isbester & Cole That Council receive for information the Planning Report from IBI Group - Zoning By- law Amendment PLZACO 2017 009 dated June 2017 for the property adjacent to Pickerel Park, Part Lot 1, Concessions 2 and 3, Geographic Township of South Fredericksburgh; And further that Council approve the Zoning By-law Amendment, subject to the following conditions: 1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting; and 2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed. CARRIED.
Community & Corporate Services - Request for Tenders Award Laptop Replacement RESOLUTION #301/17: Cole & Isbester That Council receive for information the Community & Corporate Services - Purchase of Replacement Laptops report; And further that Council accepts the Request for Tenders RFT #2017-01 process undertaken by municipal staff, as having met the goals and principles of the municipal procurement policies forming part of Town of Greater Napanee By-Law #05-05, as amended; And further that Council award the Request for Tenders RFT #2017-01 option 1 to Softchoice and authorize the purchase of laptops and associated peripherals at a cost of $40,129.69 including HST. CARRIED. Community & Corporate Services - Request for Tenders RFT #2017-C02 Internet and Telephone Voting Service Provider
RESOLUTION #302/17: Cole & Harvey That Council receive for information the Community & Corporate Services - Request for Tenders RFT #2017-C02 Internet and Telephone Voting Service Provider report; And further that Council accepts the Request for Tenders RFT #2017-C02 process undertaken by municipal staff, as having met the goals and principles of the municipal procurement policies forming part of Town of Greater Napanee By-law #05-05, as amended;
Page 6 of 8
Regular Session of Council - June 27, 2017 Page 55 of 238 REGULAR SESSION OF COUNCIL - June 27, 2017 Minutes
And further that Council authorize the Mayor and Clerk to execute an agreement with Intelivote Systems Inc. on behalf of the Town for the provision of internet and telephone voting service with two mandatory voting credentials being a personal identification number and date of birth for the 2018 municipal election as per the submission dated June 19, 2017 at a cost of $2.60 plus HST per elector. CARRIED.
Community & Corporate Services - L& A Mutual Parking RESOLUTION #303/17: Harvey & Cole That Council receive for information the Community & Corporate Services - L & A Mutual Leased Parking Spaces report; And further that Council direct staff to work with L&A Mutual Insurance Company regarding additional parking options. CARRIED. BY-LAWS By-law No. 2017-0032 - To Amend Zoning By-law No. 02-22
RESOLUTION #304/17: Isbester & Lucas That By-law No. 2017-0032, being a by-law to amend Zoning By-law No. 02-22, as amended, be read a first time and brought to the floor for discussion. CARRIED.
RESOLUTION #305/17: Isbester & Lucas That By-law No. 2017-0032 be read a second time and finally passed and that the Mayor and Clerk sign the same and affix thereto the seal of the corporation. CARRIED. NEW BUSINESS Councillor Lucas advised that he understood that a resolution from the Township of South Frontenac resolution regarding rural hydro rates and the Ontario Energy Board was circulating for support. Staff will contact South Frontenac to obtain a copy.
Councillor Lucas would like to see a joint Parking Committee between the Napanee BIA and the Town staff meet monthy.
Deputy Mayor Isbester brought forward information from a group referred to as The Friends of Sir John A., who are requesting Council’s support to commission a statue of Sir John A. Macdonald to be sculpted and placed in the front courtyard of Town Hall. Deputy Mayor Isbester further advised that the group has committed to fundraising for the project. RESOLUTION #306/17: Isbester & Harvey That the Council of the Town of Greater Napanee supports the efforts of the Friends of Sir John A. group; And further that a progress report be provided to Council through a Deputation at the August 15, 2017 meeting. CARRIED.
RESOLUTION #307/17: Cole & Harvey That Council of the Town of Greater Napanee appoint Deputy Mayor Isbester as the Council Liaison with the Friends of Sir John A. group. CARRIED.
Page 7 of 8
Regular Session of Council - June 27, 2017 Page 56 of 238 REGULAR SESSION OF COUNCIL - June 27, 2017 Minutes
NOTICE OF MOTIONS Notice of Motion from Councillor Lucas: That the Town of Greater Napanee makes inquiries with both the federal and provincial (Ontario) governments on the current (if any) accreditation or third party regulatory agencies of private/public organizations offering services in the internet and/or on-line voting of public elections and if the absence of such validations, what assurances can be given that these services can be validated if questioned. STATEMENTS BY MEMBERS Councillor Harvey stated her support for the residents on Pearl Street and hoped the Town would take action.
Councillor Harvey noted the issue with students loitering on the walkway from NDSS to First Avenue, and suggested that the Town close the walkway with fencing so trespassers can be charged.
Councillor Lucas stated that having a parking problem in a busy downtown core is a good problem for the Town.
Mayor Schermerhorn stated that the Dundas Street reconstruction project is progressing well considering the rainy weather.
CLOSED SESSION RESOLUTION #308/17: Cole & Lucas That Council resolve itself into Closed Session pursuant to Section 239 of the Municipal Act in order to discuss a matter about an identifiable individual. CARRIED. RESOLUTION #309/17: Cole & Isbester That Council rise and report from Closed Session; and further that all recommendations made within Closed Session be hereby adopted. CARRIED. CONFIRM PROCEEDINGS RESOLUTION #310/17: Isbester & Cole That By-law No. 2017-0033 being a By-law to Confirm the Proceedings of Council at its Regular Session held June 27, 2017 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation. CARRIED. ADJOURNMENT RESOLUTION #311/17: Cole & Isbester That the meeting does hereby adjourn at 9:40 pm. CARRIED.
Gordon Schermerhorn, Mayor Susan Beckel, Clerk
Page 8 of 8
Regular Session of Council - June 27, 2017 Page 57 of 238 TOWN OF GREATER NAPANEE SPECIAL SESSION OF COUNCIL Minutes of Meeting Held July 18, 2017 at 7:00 PM Council Chambers, Town Hall - 124 John St., Napanee PRESENT: Mayor Gordon Schermerhorn in the Chair, Deputy Mayor Marg Isbester, Councillor Ward 1 Michael Schenk, Councillor Ward 2 Max Kaiser, Councillor Ward 3 Roger Cole, Councillor Ward 4 Carol Harvey, Councillor Ward 5 Shaune Lucas
CALL TO ORDER Mayor Schermerhorn called the meeting to order. ADOPTION OF AGENDA RESOLUTION #312/17: Kaiser & Isbester That the Agenda of the Special Session of Council dated July 18, 2017 be adopted as presented. CARRIED. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Mayor Schermerhorn declared a pecuniary interest on Agenda Item #4.3 - Zoning By- law Amendment Application: PLZACO 2017 028, as he is the owner of Scherdale Enterprises Ltd. PUBLIC MEETING UNDER THE PLANNING ACT Resolution to Convene Public Meeting
RESOLUTION #313/17: Harvey & Cole That the public meeting under the Planning Act is hereby convened. CARRIED. Zoning By-law Amendment Application: PLZACO 2017 025 Applicant: McCully Cabinet Ltd. Legal Description: 127 Milligan Lane within the Napanee Industrial Park. The lands are legally described as Part of Park Lot 12, and Parts 1 and 2 on 29R-5374, in the Town of Greater Napanee. Effect of Zoning By-law Amendment: The Zoning By-law Amendment would recognize an existing non-conforming use by permitting a cabinet making workshop use on the subject property. There were no members of the public in attendance to speak in favour of or against the application. Councillor Lucas clarified that the business operation is not changing. Gib Garrett, Planning Clerk advised that the zoning was not checked when the business originally began operating, and the Town became aware of the zoning issue, i.e. that cabinet making is not a permitted use for the property, when the owner made the request to expand the building with the same use.
Councillor Lucas stated that this type of operation should be a permitted use in the business park rather than being a site-specific zoning.
Page 1 of 7
Special Session of Council - July 18, 2017 Page 58 of 238 SPECIAL SESSION OF COUNCIL - July 18, 2017 Minutes
Mr. Garrett advised that to recognize commercial uses within the current industrial park area, and develop it as a commercial business park, a more broadly scoped zoning amendment would be required.
Mayor Schermerhorn clarified that this zoning amendment will recognize the operation as a legal permitted use, and that Council could review the zoning for the industrial park area if it wished to at a later date.
Councillor Harvey questioned whether IBI Group, the Town’s planning consultant, was needed for this application. Mr. Garrett advised that a planning report, zoning by-law amendment and public notification are required, and a professional planner protects the Town if an appeal is filed to the Ontario Municipal Board.
Deputy Mayor Isbester noted a zoning amendment for a day care was approved two doors down from the cabinet making business, and that McCully employs six people. Mr. Garrett advised that the day care does not effect the zoning of the McCully property just the compatibility of the uses.
Mr. Garrett stated that the effect of the zoning by-law amendment does not restrict the property to a cabinet making business only, but rather adds cabinet making as an additional permitted use on the property.
Councillor Lucas inquired if the cost of the application was $5,000. Mr. Garrett advised that the application fee is $500 plus a $1,500 refundable deposit against expenses. Mr. Garrett further advised that the process has recently been changed to retain the $1,500 deposit until all related invoices are paid by the applicant, and depending on the complexity of the application, the cost could reach $5,000. Mayor Schermerhorn left the Council Chambers at 7:15 p.m. Deputy Mayor Isbester took the Chair at 7:15 p.m. Zoning By-law Amendment Application: PLZACO 2017 028 Applicant: Scherdale Enterprises Ltd. Legal Description: 520 County Road 8. The lands are legally described as Part of Lots 18 and 19, Concession 6, Geographic Township of North Fredericksburgh, in the Town of Greater Napanee Effect of Zoning By-law Amendment Application: The Zoning By-law Amendment will permit the expansion of the existing mini storage warehouse use on the adjacent property to which the 0.68 ha severed parcel is being added. Shirley Lloyd-Hawley, 533 County Road 8 spoke against the application.
Deputy Mayor Isbester read the letter received from George W. Hawley and Shirley Lloyd-Hawley dated July 2017, objecting to the application for the following reasons (not verbatim): (i) increased traffic and potential accidents; (ii) no lighting in the area of the sheds; (iii) no turning signs in this area;
Page 2 of 7
Special Session of Council - July 18, 2017 Page 59 of 238 SPECIAL SESSION OF COUNCIL - July 18, 2017 Minutes
(iv) they have had an accident in this area recently and people were taken to the hospital; (v) traffic will increase with more storage; (vi) it is a nice place to party at the sheds without supervision; (vii) on July 1st there was a fireworks display; (viii) there is no security around the sheds; (ix) there is a potential to build more storage sheds; (x) some sheds obstruct the view of traffic on the corner; and (xi) there are several driveways within a short distance apart making turning difficult.
Councillor Harvey stated her agreement with Mrs. Hawley’s comments.
Councillor Lucas confirmed the following through Gib Garrett, Planning Clerk: ▪ that the Hawleys’ questions will be answered; and ▪ that this is the third request for re-zoning on this property.
Councillor Lucas questioned whether storage sheds were a permitted use in the Town. Mr. Garrett advised that storage sheds are not permitted in the Rural zone; however, they are a permitted use in the Light Industrial zone. Mr. Garrett further advised that the applicant is also applying for a lot addition, and the zoning amendment application is to permit the storage shed use on the expanded lot addition lands.
Councillor Harvey questioned if any of the property falls in the Environmental Protection zone. Mr. Garrett advised that the retained parcel has a tributary on it, and that the conservation authority will be providing comments on the application.
Councillor Cole stated that this is a viable enterprise and the concerns stated can be addressed.
Councillor Kaiser stated that he was in favour of the expansion of an existing facility rather than the creation of a new one, and inquired if a new entrance would be required. Mr. Garrett advised that the road entrance requirements are not known at this time, but that during the site plan process, the County will comment on entrances.
Deputy Mayor Isbester noted that a traffic study will be done and that the planning report will address the questions. Adjourn Public Meeting
RESOLUTION #314/17: Kaiser & Cole That the public meeting under the Planning Act is hereby adjourned at 7:26 p.m. CARRIED. Deputy Mayor Isbester left the Chair at 7:26 p.m. Mayor Schermerhorn returned to the Chair in 7:26 p.m.
Mayor Schermerhorn called a recess of the meeting at 7:26 p.m.
Mayor Schermerhorn reconvened the meeting at 7:32 p.m.
Page 3 of 7
Special Session of Council - July 18, 2017 Page 60 of 238 SPECIAL SESSION OF COUNCIL - July 18, 2017 Minutes
ITEMS FOR DISCUSSION Deputations without Notice RESOLUTION #315/17: Lucas & Isbester That Council accept Deputations without notice. CARRIED.
Hubert Hogle expressed concern with the Town contracting a planning consulting firm to provide land use planning services as the firm has no vested interest in the Town, and recommended that the Town hire an in-house Planner on staff. Mr. Hogle advised that he has spoken with 16 developers about this matter.
Peter Dafoe, General Manager-Infrastructure Services advised that he is working with the CAO regarding planning and development services to determine what can be done in house and what is done by the consultant. Mr. Dafoe advised that the department has received a lot of compliments for being proactive through the creation of the Development Services Handbook and through public education.
Councillor Harvey inquired if the Development Services Handbook is available and was there input from developers when it was written. Peter Dafoe, General Manager- Infrastructure Services, advised that the handbook has been available and posted on the Town’s web site for two years, and public input was requested; however not as much input was received as the Town would have liked.
Raymond Callery, CAO addressed Council and provided the following information: ▪ the department structure was reviewed six years ago, and Mr. Dafoe is the fourth General Manager since that time; ▪ in the past 2.5 years, the Development Services section has been understaffed due to the secondment of the Director to the operational audits position in the CAO’s office; ▪ the departmental review currently being conducted is not specific to Development Services, but is an Infrastructure Services management review (ISMR); ▪ the draft ISMR report will be reviewed with Mr. Dafoe by the end of August and the final report will be brought to Council in September; ▪ the Town continues to listen to the public and Mr. Dafoe is available as well; and ▪ moving forward, tools such as updating the Town’s web site, the GreaterNapanee.Live APP to be used for economic development purposes; and the Communications Intern position will all assist with improving departmental communication with the public moving forward.
Harry Keller noted that the road sides along Vanluven Road need to be cut due to the wild parsnip and that he cannot safely back out of his driveway. Mayor Schermerhorn advised that the Town’s mower had broken down, but that staff are continuing to cut the roadsides.
Infrastructure Services (Facilities) - Aquatics Feasibility Study Final Phase Councillor Harvey recommended that David Allen, CEO - YMCA Belleville, come to speak to Council before the Town spends another $15,000. Peter Dafoe, General Manager-Infrastructure Services advised that the YMCA is only one partnership
Page 4 of 7
Special Session of Council - July 18, 2017 Page 61 of 238 SPECIAL SESSION OF COUNCIL - July 18, 2017 Minutes
opportunity, and that Mr. Allen is willing to come and speak to Council after this final phase is complete.
Deputy Mayor Isbester noted that $15,000 is a lot of money, but Council needs all the information before making a decision or issuing a plebiscite.
Councillor Kaiser stated that Council approved a process, of which this feasibility study is the next phase, and it was done this way in order that it could be stopped at any point. Councillor Kaiser further stated that this study will give Council the knowledge that it needs before making a final decision.
Councillor Cole noted that he had a problem with the initial research methodology; however, Council now needs to determine the cost and if there are enough people to support a pool before moving forward.
Councillor Lucas stated his appreciation for the work of the Pool Task Force, but thought that by spending $30,000 to date, the Town would have a decision, and not have to spend an additional $15,000.
Peter Dafoe, General Manager - Infrastructure Services advised that the Pool Task Force had unanimously supported the Council recommendation in the report, and the results of the feasibility study should be available about the same time as the strategic plan.
In response to a question from Mayor Schermerhorn, Mr. Dafoe advised that he has a response for John Stinson and will be providing it to him.
Mr. Dafoe advised that if Council instructs, he can investigate YMCA partnership models in other municipalities where it did not cost the municipality anything as referred to by Councillor Harvey. RESOLUTION #316/17: Kaiser & Isbester That Council receive for information the Infrastructure Services (Facilities) - Aquatics Feasibility Study Final Phase report; And further that Council authorize the Chair of the Pool Task Force Committee to negotiate with LeisurePlan International Inc. the scope, terms and conditions for the final phase of the market research feasibility study to an upset limit of $15,000.00; And further that Council approve an extension of the Terms of Reference and Committee appointments for the Pool Task Force Committee to November 30, 2018. CARRIED. CAO - Respect in the Workplace Policy
RESOLUTION #317/17: Isbester & Kaiser That Council receive for information the CAO - Respect in the Workplace Policy report; And further that a by-law be brought forward later in the meeting to adopt a Respect in the Workplace Policy, which will reflect requirements under the Town’s Harassment and Violence in the Workplace policies to deal with complaints regarding non- employees;
Page 5 of 7
Special Session of Council - July 18, 2017 Page 62 of 238 SPECIAL SESSION OF COUNCIL - July 18, 2017 Minutes
And further that this policy take effect on September 29, 2017. CARRIED. Community & Corporate Services - Request for Closing and Conveying Part of the Boundary Road Allowance between the Township of Stone Mills and the Town of Greater Napanee, East Side of County Road 41, Roblin
RESOLUTION #318/17: Cole & Harvey That Council receive for information the Community & Corporate Services - Request for Closing and Conveying Part of the Boundary Road Allowance between the Township of Stone Mills and the Town of Greater Napanee, East Side of County Road 41, Roblin report; And further that Council approve proceeding with the joint road closing of the boundary road allowance with the Township of Stone Mills, as requested by Bryan Trimble, in accordance with the Town’s Road Closing policy. CARRIED. Community & Corporate Services - Request for Closing and Conveying an Unopened Road Allowance between Concessions 4 and 5, Geographic North Fredericksburgh
RESOLUTION #319/17: Kaiser & Isbester That Council receive for information the Community & Corporate Services - Request for Closing and Conveying an Unopened Road Allowance between Concessions 4 and 5, Geographic North Fredericksburgh report; And further that Council approve proceeding with the closing of the road allowance, as requested by Michael and Maria Hunt, in accordance with the Town’s Road Closing policy. CARRIED. Community & Corporate Services - Request for Closing and Conveying an Unopened Road Allowance between County Road 2 West and Napanee River
RESOLUTION #320/17: Isbester & Cole That Council receive for information the Community & Corporate Services - Request for Closing and Conveying an Unopened Road Allowance between County Road 2 West and Napanee River report; And further that Council defer a decision regarding the request from Peter Hayes to close and convey the unopened road allowance located on the east side of the westerly half of Lot 13, Concession 1, geographic Township of Richmond, lying between County Road 2 and the Napanee River, until staff can conduct a further review of the property. CARRIED. Mike Bossio, MP Hastings-Lennox & Addington - June 22, 2017 Re: Request for Town Letter of Support for Xplornet Communications' Application to the Connect to Innovate (CTI) Program
RESOLUTION #321/17: Isbester & Kaiser That Council receive the correspondence from Mike Bossio, MP dated June 22, 2017; And further that Council authorize the Mayor to sign the Town's letter of support as provided in draft to the Minister of Innovation, Science and Economic Development for the Xplornet Communications' application to the Connect to Innovate (CTI) Program. CARRIED.
Page 6 of 7
Special Session of Council - July 18, 2017 Page 63 of 238 SPECIAL SESSION OF COUNCIL - July 18, 2017 Minutes
Change of Date for the August 2017 Council Meeting
RESOLUTION #322/17: Cole & Kaiser That due to a conflict with the Association of Municipalities of Ontario (AMO) conference, Council hereby authorize the change of date for the August Committee of Adjustment and Regular Session of Council meetings to Tuesday, August 22, 2017 at 6:45 p.m. and 7:00 p.m. respectively; And further that staff be directed to advertise this change of meeting date accordingly. CARRIED. By-law No. 2017-0034 - To Adopt a Respect in the Workplace Policy
RESOLUTION #323/17: Isbester & Kaiser That By-law No. 2017-0034, being a by-law to adopt a respect in the workplace policy be read a first time and brought to the floor for the discussion. CARRIED.
RESOLUTION #324/17: Isbester & Kaiser That By-law No. 2017-0034 be read a second time and finally passed and that the Mayor and Clerk sign the same and affix thereto the seal of the corporation. CARRIED. CONFIRM PROCEEDINGS RESOLUTION #325/17: Harvey & Kaiser That By-law No. 2017-0035 being a by-law to confirm the proceedings of Council at its Special Session held July 18, 2017 be read a first and second time and finally passed and that the Mayor and the Clerk sign the same and affix thereto the seal of the Corporation. CARRIED. ADJOURNMENT RESOLUTION #326/17: Kaiser & Cole That the meeting does hereby adjourn at 8:31 p.m. CARRIED.
Gordon Schermerhorn, Mayor Susan Beckel, Clerk
Page 7 of 7
Special Session of Council - July 18, 2017 Page 64 of 238
Summary of Correspondence for Information Items August 22, 2017
This summary contains correspondence that was received by the municipality from outside organizations, which were broadcast to all municipalities, or which were addressed generally to the Town. This includes requests for support for resolutions.
All correspondence addressed to an individual member of council or to the whole council from a resident are placed in the appropriate council mailbox. These items of correspondence are not added to the agenda unless requested by a member of council.
Correspondence for Action items are pieces of correspondence that were received by Town staff that require further council attention or action. Members of Council may request items be added to the agenda for consideration.
1. Limestone District School Board Trustees’- Re: Around the Horseshoe: Spring 2017 Update from LDSB.
2. Association of Municipalities of Ontario – Re: • 2017 AMO Human Services Symposium 2.0 – Sept. 22, 2017 Hilton Toronto Airport Hotel & Suites. • Watch File – June 29, 2017 • Watch File – July 6, 2017 • Watch File - July 13, 2017 • Watch File – July 20, 2017 • Watch File – July 27, 2017 • Watch File – August 3, 2017 • Watch File – August 10, 2017 • Investing in Canada Infrastructure Plan – Phase 2 Negotiations • 2017 AMO Municipal Labour Relations Symposium Sept. 22, 2017 • AMO Response to Ontario Asset Management Regulation Proposal • Ambulance Act Legislative Consultation Including Fire-Medic Proposal • AMO Submission on Bill 148 – Fair Workplaces, Better Jobs Act, 2017 • AMO Policy Update – Minister’s Expert Panel Report on Public Health Released • AMO 2016 Annual Report
3. Township of Edwardsburgh/Cardinal – Re: R2017-209 Bill 7 – Property Standards Downloading
4. Mike Bossio,MP – Re: Expressing his concern with a proposed tax measure in Budget 2017 that will have an effect on compensation and taxable income for elected municipal officials.
5. Ombudsman Ontario – Re: Ombudsman Annual Report. (Hard Copy Available Upon Request)
6. Stewardship Ontario – Re: Industry funding for Municipal Blue Box Recycling for the first quarter of the 2017 Program Year.
Correspondence for Information items dated - August 22, 2017 Page 65 of 238
7. Ontario Power Generation – letter of support from two Municipal leaders regarding OPG’s Deep Geologic Repository, for the sake of the environment and the Great Lakes.
8. Community Heritage Ontario – Re: Summer Edition 2017
9. ROMA – Re: ROMA Comments – Investing in Canada Infrastructure Plan – Phase 2 Negotiations
10. City of Owen Sound – Re:
• Support Resolution – Request for Economic Impact Analysis. • Proposed Changes Under Bill 68 – Out of Court Payments
11. LAS Communications – Re: 2017 Risk Management Symposium October 4 & 5, 2017
12. Sylvia Jones, MPP Deputy Leader of the PC Caucus – Re: Bill 141 – Sewage Bypass Reporting Act, 2017.
13. Independent Electricity System Operator Re: IESO’s 2016 Annual Report, Reliability in a Changing Sector.
14. NOMA,FONOM & ROMA – Re: Provincial Government Neglects to Consult with Municipalities on Draft Species At Risk Guide
Correspondence for Information items dated - August 22, 2017 Page 66 of 238 2017-08-14
Town of Napanee ft 124 John Street, P.O. Box 97 LtIfrt Napanee, Ontario I K7R3L4 ‘ Attention: Susan Beckel -
Dear Ms. Beckel:
RE: Petition to change the posted speed limit on Bridge Street West in Napanee
Members of the Bridge Street West neighborhood request to speak to council on August 22”’ to the matter of reducing the speed limit on Bridge Street West between Centre Street and York Street. Please circulate this request and the accompanying petition containing 87 signatures to the mayor, deputy mayor, and town council.
Thank you for your consideration,
Dave Hunt 122 Bridge Street West Napanee,ON K7R2C9
Enclosure: Petition to change the speed limit on Bridge Street West(s)
Dave Hunt - August 14, 2017 Re: Petition from Bridge Street ... Page 67 of 238
It tiS t Hv-1Z< zL & aC CD C cv o- C st C C CD .b Lu
C) I ci ct a, r (N -, 0 Q CO . -t 4-’ CD 0 C cv m —i N 4-
-C 4- -C H z U C 4-4 4-4 — .-‘ CD C a) a) 6 CD C cv 0 0 C a) c > CD > C C CD C 0 D C CD U C C — -c coE _c -D -o - -o -— ‘- — — 4-’G) 4-’ 4-, Ec D ci a) ci CD Coos o a o U’ U’ ci cv S Q C Un 0)000 0e0 L. D cv U’ 0 — -c U fl 0 >- — 4-’ — 4-’ . 4-’ ., ciOm 0 U’ U a) CD U U’ 0 C C 0 0 CD C c ,., L. cv Q E > -Ø - 0 t o .E 4-’ 4-’ ‘— CD C— C 0 X U 0 U’ U’ cv U’ a 5 a) Un >- 0- 0 C c C = - 4-’ — 0 ci U’ ci 0) CD > cv I.- CD U’ ‘- to C CD C 5 D a) U’ > 0 a) 4- £ 0 9 CD U 0 C r S D C C C- D CD >- >- -c = 4- H z 4- 4-4 s-I to U’ a) D 0) 0 C 0 CD C a a 0 U’ 0 C ci U’ a CD C 0 0) U’ fl ‘D 0 4- a., E Co a) to C I a) to 2 f-. N r1 ‘3 J
5 Iv I (N 71 ‘-4 m —9 S F-) 1 1- ) ‘t
7 ‘S 4 cc? Lfl In S U e I, tO Zr U S I
cJ a (C) -r N ‘N I C ‘z. 5 c Th ‘Th ‘-1 S 4 ‘S N 0 1\ --4 “.1 —3 ‘t3 -1 —F
N N, ‘-3 -3 r-i (N fl 2 m r-i 2 N N V..) ri CL’ -3- v-i u N S., b Ln tO v-i A
\.
4 9 ri N C 0 \\\ N 03 v-I
— :1: H O —-3 C t 0
U 3 a- U, ft w
Dave Hunt - August 14, 2017 Re: Petition from Bridge Street ... Page 68 of 238 -C — 0 EC —) \ -— >- / - 4-2 —5 Ui®C 4- E o oOco cv I C I) Eb’ D -S C’: Cu, CO C1) ,_ II’ t- 4-, —4 Th 4- 4-2 Co 4-2 C ?1 4 O — 0 C 4 -j cv = C U, N cv C C I Page 69 of 238 cv Cu LI, ac Si Nsç jñ C C CD coELi \! 0 D S \ ‘4’ , CD cu-coo C4-i “1 N \ i \ z -Ct cv &,/ j 4- 4-2 Co. CD— —ft .Ji 0 CD C —4-i CD a C C — C C 0 Ui DO — 4-2 — .1 Li 0 0 cv H CD + CC.L a C L. ai 4 Q) a U, ‘4 -C U, NJ ‘-/-- C’ j (fl4jO > —a ci 4-i C a -3 wow I.. —I 4- bDW A, 0 E 0 0 —C C.. U, 0 •0 e -‘ F-. LLfl u,H C rN r Li —,1 a C C S F D C cc -/ Nfl ft t>- CD I’ 0- C -p N U C)bOj Z N— <-a 2 C’ -C t.ED 0 ‘4_i- flj C =Eccru ci®> cm ci CD — 4-’ cv ‘— — c cv o .! c N C 0 “C D N > F 7— cv C / -tE 2 ‘ml — — -J Li w wtii8 - -i -2 / 0 C F j -C F-’ Co• CD.! 0 -S V 0 N’ N aU®-° E C Ctd, a) CD ® C N - C I C0 Q.— -C J -—-, cii I —1 r ‘C D J.Ctj(o > ‘-‘cSttCD — A; IS? ;t. CD 4-2 CD Gi ui 4-2o0 DO a? j n -.
aC 1 L ‘ CO 4-SQ C r-. 0>- — ‘-4 -2 -2 zui C w—>>t C, ot.2 /1 — —J 0%’ D — tc C 4-2 Ct f I C Cfl 0JL. t C —l ç C 00’ — t—O .. -1 (N ni - ui tO N ci 0 v-I ni en -st Ui to N 03 ci C o Eu 0 N N N N N N N n-i N en en en en en en en en en en 0 CD % 4-2 o QL. (3 >4-2 at,, ru H Hr-1ZS< Dave Hunt - August 14, 2017 Re: Petition from Bridge Street ... August 14, 2017 Dave Hunt - -c — a) Ec > C a)Ocu N Ia) 4 Cu,C 4-’ ‘ Ca) 4- Li 4-’ N 4-’ cii C •1 I -o D C CD = U, ,2 a) Coos I Page 70 of 238 a) CU a o s-a -J C U) cv 0 N. C cv w -a 5 0 0 _a C a) N :1 a U) I. LI U — CU U, V 0 ci) — -Th 4-’ CC -C N (3 C 4-’ \,/ c C0 a) U) CC 4-’ Ii U 1— -3 \- 0 a) ‘II = C —3 N H a) CU -Y (Z .‘.1 -t 2’ 1.- > a ‘p a) 4-’ 1-a) a U, .7 -C cn r D U’ 4-3 0 U) a) C ti a) a) a) 1- 1 9- CD C a) a) ‘.3- ‘2 U, 0 -o 1- a) -t Ii — C C S r m U N S a) C cv CI —S a -5 I Ca D ct> n cv 0. C o 4 r U — >- CO a -J .Th N -o .9 z 9- N 0 2 C -D C C ru cii a) v-I Ca C -o -‘-‘ 1- 1- a) a) a .] C C C o ‘ -J — a) — H > a 1- 2 U) Ill .? -a a) ‘ C r 1- U) C Sr 1- -‘ 0 .2 U D --a U u) U) C U) ‘I -‘-3 o cv a) I r’. a Uai 1- :2 4-’ E ‘I C C a) a) CD -t o C cJ- ‘S c cii -a .4 4-, 4-’ z fl, a) U, c N 1— C’ ‘—S/ J.Cco cv cv 4-’ cv CC .5- \Th ‘—1 ‘1 C U, C 1)
aC 4-’ Q “1 rU4—’O u .C 4-’0 0 /i ‘Th S - zLn C a) —.. >- ,I C a) D 0 ‘-3 -c C -c ci ‘zt .2 2 : cv = I
0 C — 4-’ z -—_ C -, m C 1- a- 0 -l nJ m -cJ- in cc r— to o- -4 n.j m in to r— a a) o t 0 ‘ct ct in in in in in in in in in SD cv r— wäE in Q 0 .fl _‘ a H Hv-1Z< Dave Hunt - August 14, 2017 Re: Petition from Bridge Street ... August 14, 2017 Dave Hunt - -c -%-%- Q) >-
Lfl ci) ‘._ a)’-’ CD C ‘1c 4: Gi 0 -c -c 4’ D cii C ——> a) to
ooS Page 71 of 238 cii CD U) a 3:-S C a U, CD a) 0 :3 ci) CD -c 5 C C- _o a 4-S a) 2 1.- — U ¼? U, 0 ci) 4-’ CD CD C 4-, C-0 tO •-, a) u 4-S 0 a) 0 I— a) CD a > I— a) 4-S a) a -c c.n t > D 4-, cii cia) 0 U, 4- ci 0 to ci) U, -C 4-S F-’ a) ci C C CD a) D CL. a ‘U 0 o 0 CD 0- 4-S >- to z 0 C D 4- -C -C C 2 c -C 0 = ft ci a) >% C CD — ci a .? C 0 > aci) H CD 2 N 2 C ci ‘ ‘9 C 4-S C, -o C o 4-S a) U, ci x 4-S 4-) 0 D U, C U, o jX CD 0 U 4-S cii a 4-, C o C ci C yr a) ci _C ci) - C a) a. •0 C 4-) ci 0 — a) U, cii 1- 0 C CD S CD 4-S CD ‘4-
0i C 4-S_a 0 to CD 4-’ 4-S 0 v C 4-S ci) C ci) >- > ‘4- C a) •0 D 0 o c a) -J‘ci 2 t CD =
0 C 4-S g- 2° D CD C C a) L. 0 4-’ -C ci o (N CD N 4-’ > QL.0 C Hr-I CD a Dave Hunt - August 14, 2017 Re: Petition from Bridge Street ... August 14, 2017 Dave Hunt - Petition to change the speed limit on Bridge Street West
Town of Napanee 124 John Street, P.O. Box 97 Napanee, Ontario K7R 3L4 Attention: Mayor, Deputy Mayor, and Council of the Town of Napanee
We request that the posted speed limit on Bridge Street West be changed from 50 km/h to 40 km/h between Centre Street and York Street. Recent accidents on the street, the proximity to schools, excessive speeding by some drivers, and noise pollution from some drivers are the basis for this request. The overall goal is to improve the safety and quality of life in this community.
The following residents of the Town of Napanee support this request:
Page 5/5
Dave Hunt - August 14, 2017 Re: Petition from Bridge Street ... Page 72 of 238
KFL&A Public Health - Expanding Protection Against Second-ha...
that, emissions
death.
smoke
the
Smoking
06-12:
cannabis,
generated
RE:
Dear
In
Greater
Town
P.O.
Mayor
20
124
Main
Kingston,
an
17-07-06
public
John
by
Box
Office
Expanding
Mayor_SehurmëTh&n:
THAT
laws
municipalities
existing
THAT
inhaling, and effort
smoke-free
THAT
purpose
both
Despite
of
(e.g.,
G.
their
Napanee.
and
Greater
SL
the 97
from
from
from
non-tobacco
Schermerhorn
that
tobacco
to
waterpipes,
very
Frontenac
the
the
exposure
the
Kingston,
613-549-1232
221
Fax
Kingston,
further
the smoke-free
of
these
exposure
tobacco
expand
KFL&A
Napanee
KFL&A
Portsmouth KFL&A
inhaling,
61
Protection
nature,
significant ON
policies
3-549-7896
or
to
products
protect
Ontario
‘-ci
non-tobacco
K7R
to
support
products
Frontenac
and
the
electronic
to
are
and
second-hand
I
to
Board
polices
Board
Board
Avenue
health
1-800-267-7875
protection
non-tobacco
3L4
toxic.
K7M
expand
gains
the
Against
are
Lennox
amendments
health
1V5
that
often
of
of
of
and
hazards
to
cigarettes
achieved
products
Health
Health
Health
create
the
Second-hand
Lennox
smoke
produce
against of
similar
&
products,
definition
Addington
KFL&A
from
Branch
smoke-free
through direct
urge
urge
and
remain
that
of
Board
in
second-hand
emerging smoke
legalised
existing
profile
KFL&A
KFL&A
Offices
such
staff
residents
produce
of
Smoke
smoke-free
the
of
‘smoke’
Public
or
as
Health
to
by-laws
to
leading
products
by-laws
iVED
vapour
recreational
waterpipes,
engage
tobacco
Sharbot
Napanee Cloyne municipalities
municipalities
in
smoke
from
smoke
the
Health
passed
and
policies,
cause
•
that
the
Lake
for
or KFL&A
JUL.
that
with
smoke
or
‘smoking’
for
•
harms
the
would
the
the
electronic
cannabis),
vapour
of
produce
613-279-2151 613-354-3357 the
613-336-8989
KFL&A
•
1
the
preventable
creation
purpose
following
and
that
that
32017
KFL&A
of
Region
landscape
include
contain
second-hand
for
to
do
have
vapours,
cigarettes
is
Public KFL&A
Page 73 of 238
include
residents.
the
of
not
of
changing.
motions
existing
tobacco
disease
new
compounds
have
for
Fax: Fax:
Fax:
gases
wwwkflaph.ca
by
protecting
and
613-279-3997
613-354-6267 613-336-0522
Health
smoke
on
and
The
or
2017- 2
KFL&A Public Health - Expanding Protection Against Second-ha...
Copy
Denis
KFL&A Yours by-laws
over
Misuse
produce waterpipes,
The
public’s
KFL&A amendment impacts Expanding
intervention
2017-07-06
AL
integration
the
to:
Doyle,
truly,
and
that
on
second-hand
health
summer
Board
Public
the
Board
Protection
electronic
Injury
or
to
broadly
Chair
new
population’s
reduce
of from
Health’s
of
months
of
Health
Prevention tobacco
by-law
the
Health
define
vapours,
cigarettes,
Against
physical
harms
Substance
to
and
that
explore
“smoke”
members
health.
Manager
Second-hand
gases
associated
non-tobacco
and
broadly
heat-not-burn
social
Misuse
if
opportunities
Smoke-free
or
or
you
at
smoke.
defines
“smoking”
(613)
with
exposure
have
and
products
Smoke
the
products
any
the
Injun’
549-1232 Please
by-laws
to
second-hand
to
term
to
questions.
in
either
into
include
these
Prevention
the
contact
and
‘smoke’
set
smoke-free
ext.
KFL&A
expand
products
a
cannabis.
tobacco
standard
1208
Daphne
exposure
or
team
current
Region
or
‘smoking’
thereby
policies
and
Mayer,
for
will
to
or
non-tobacco
a
be
emerging
community.
to
reducing
is
contacting
will
Manager,
create an
Page 74 of 238
further
innovative
new
products
their
products
Substance
A
your
smoke-free
protect
harmful
by-law
staff
such
that
the as
KFL&A Public Health - Provincial-Wide Alcohol Policy to Mini...
consumption
Ontarians.
responsible
alcohol
Since
comprehensive,
sales increased productivity
Alcohol
million
individual
is
Town
Health At
RE:
Greater Mayor
P.O.
Dear
20 124
Main
Kingston,
one
17-07-06
its
John
Box
of Mayor-Schermerhorn:
Office
Provincial-Wide
2014,
meeting
of
of
expansion
THAT passed
consumption of
THAT
to
follow
G.
manufacturing from
alcohol
Napanee,
is
the
Greater
availability
St.
97
an
minimize
Schermerhorn
and
no
consumption
the
and
leading
Frontenac
alcohol-related
and
evidence 613-549-1232 ordinary 221 Fax:
Kingston,
through
the
of
society
the
the
government’s
through
evidence-based
premature
Napanee
alcohol-related 2017-06-28, Portsmouth
613-549-7896
following
ON
of
KFL&A
KFL&A
harms
risk
alcohol
of of
Ontario
including
sites.
commodity;
based
K7R
on
Alcohol
the
alcoholS
alcohol
of factors
and
p its
Avenue
mortality.
and
alcohol LCBO
1-800-267-7875
3L4
Board
Board
motion:
health It
K7M
accessibility
strategy
promise
modernization
the
Lennox
is
approach
at
costs
Policy
for
support
harms. well
1V5
Kingston,
up
and
care
alcohol
of
of
in
disability
to
In
associated
a
established
Health
Health
that
to
the
to
& time
and
An
450
Ontario.
the
is
create
Minimize
Addington
through
expansion
causes
minimizes
absence
critical
enforcements Frontenac
Branch
grocery
of
of
safe
and
strongly
urge
the
increased
with
a
it
death
that consumption injury,
Offices
comprehensive
beverage
is
to
the
increased
of
stores,
Harms
estimated
of
health
limit
increased
and
a
harms
Public
urges
provincial
in
bars,
framework
accessibility
addiction,
costs
Canada.
Lennox these Sharbot
Napanee Cloyne
wine
care,
alcohol
restaurants
the
and
retail
Health
that
relative
of
alcohol
harms.
and
•
provincial law
Lake
alcohol
government
supports
Alcohol
&
province-wide
there
disease,
that
outlets
industry
•
cider
Addington
enforcement,
fails
to
availability supports
613-279-2151
613-354-3357 613-336-8989
•
and
is
alcohol
in
in
to
has
an
in
and
the
government
retail
has
farmers’
Ontario;
protect
annual
the
significant
to
social
safe
(KFL&A)
included
the
KFL&A Public
Page 75 of 238 revenue.
strategy
halt
outlets
absence
prevention,
leads
safe
the
net
markets,
disruption
and the Fax: Fax:
Fax:
health
to
loss
and
permitted
wwwkflaphca to
the costs
Board
As 613-279-3997 Health
613-354-6267 613-336-0522
increased
of
such,
lost
online
of
to
S456
and
of
the
at a
KFL&A Public Health - Provincial-Wide Alcohol Policy to Mini...
Copy
KFL&A
The
Yours
Denis motion
2017-07-06
Development
In
conclusion,
KFL&A
to:
Doyle.
truly,
THAT
comprehensive, requesting
passed
Board
Ontario
Board
of
Chair
Board
the
at
the
a
of
Provincial-wide
our
of
Health
KFL&A
Board
the
Boards
of
Health
20
Health
provincial
17-06-28
evidence-based
of
of Board
members
Health
Health
subsequently
Alcohol
meeting.
of
government
Health
request
Policy
alcohol
passed
would
municipalities
to
to
Minimize
strategy
fulfil
appreciate
the
following
its
Harms
as
commitment
to
soon
your
support
motion:
as
Council’s
possible.
the
to
enact
motion support
Page 76 of 238
a
of
the above From: MINFeedback (MNRF)[mailto:[email protected] Sent: July 27, 2017 12:09 PM To: Susan Beckel
Skip to hody Nlinistn’ of Natural Ministère des Richesses Resources and Forestry naturelles et des Forêts 1 — Office of the Minister Bureaude Ia ministre
Room6630, WtutneyBlock Edifice Whitney. bureau 6630 99 WelleslcyStreet West 99. rue WellesleyOuest Ontario Toronto ON M7A IW3 Toronto (Ontario) M7A IW3 Tel:416-314-2301 Tel:416-314-2301 Fax:316-314-2216 TCICc.:416-311—2216
MNR6446MC-2017-1237
July 27, 2017
Ms. Susan Beckel Clerk Town of Greater Napanee sheckelCdareaternapanee.com
Dear Ms. Beckel:
Thank you for sharing with me your Council’s resolution supporting the Municipality of Brockton’s resolution regarding MPP Forster’s private member’s bill (Bill 86). Bill 86 proposes an amendment to the Conservation AuthoritiesAct, which would require municipal councils to appoint half of their conservation authority board members from scientific backgrounds. I want to he clear that Bill 86 is a private member’s bill and is not part of the amendments that my ministry has ptLtforward.
As you are aware, the Ministry of Natural Resources and Forestry has carried out a review of the Conservation Authorities Act. During our consultations over the past two years, we listened to many different groups with a strong interest in the work of conservation authorities and heard a wide range of ideas regarding appointments to conservation authority boards.
lam pleased to inform you that my government has introduced Bill 139, the Building Better Co,nnzunitiesand Conserving Watersheds Act, 2017, that proposes amendments to the Conservation Authorities Act. These amendments follow a multi-year review of the act and are part of a comprehensive suite of proposed changes resulting from the review. While Bill 139 does not require municipalities to appoint board members with scientific backgrounds, the changes do include a range of actions to strengthen the oversight, accountability and transparency of conservation authorities that reflects municipal input during the review.
Ministry of Natural Resources and Forestry - Response to Cou... Page 77 of 238 As part of Bill 139, specific provisions would provide new authority that could allow for future regulatory changes to board composition. Your council’s resolution and concerns would be taken into consideration if updates regarding the board composition of conservation authorities are considered in the future.
The proposed amendments can be viewed on the Environmental Registry at www.onlario.ca/ebr by searching for posting #013-0561.
In addition, my ministry recently posted a supporting document titled Conserving our Future: A Modernized Conservation Authorities Act that describes proposed legislative reforms and other policy and program changes resulting from the review. You can also access this document through the Environmental Registry by searching for posting #012-7583.
Again, thank you for writing.
Best,
Kathryn McGarry Minister of Natural Resources and Forestry
c: Randy Hillier, MPP, Lanark-Frontenac-Lennox and Addington Association of Municipalities of Ontario
Confidentiality Notice: This e-mail contains mformation intended only for the use (1ff/ic individual whose c-inn/I address is identified above, if you /mve received this e—mailin error, please advise as by responding to it. Please atvo destroy till copies of this message. Thank you.
Ministry of Natural Resources and Forestry - Response to Cou... Page 78 of 238 From:diane parks’ Date: Jul 20, 2017 12:11 PM Subject: Off LeashDogArea To: “sbeckle(greaternapanee.com”
> HiSusan
> Asper our conversation yesterday, Iam hoping the town could designate an area for dogs to be off leash. The benefits of this type of area are great for the pets as well as the owners. have met numerous people while walking my dog in these areas.
> It also benefits seniors who have pets but cannot walk far and increases their options of socializing with others and getting out of the home. Perhaps the track area could be used officiallyeven ifthere had to be specifictimes. >
Ihope to hear back soon that this is an option. Ifthere is anything Ineed to do to help make this happen, please contact me. > >Thanks > > Diane Parks
Diane Parks - Request for an Area for Dogs to be Off Leash -... Page 79 of 238 Habitat for Humanitf KingstonLimestoneRegion
26 July 2017
Via Email [email protected]
MayorGord Schermerhorn Board of Directors Town of Greater Napanee P.O. Box 97 Doug Arnnd, Chair Catherine Purcell, Vice-chair 124 J h S Meghan Davis, Treasurer Napanee, ON K7R3L4 Cait Maloney, Secretary Jacqueline Collier EricDinelle Dear Mayor Schermerhorn: Tina Flinch Lisa Macinnis DavidNolan Re: Habitat for Humanity—2017 Cooks Road build
Habitat for HumanityKingston Limestone Region has recently received a Habitat for Humanity buildingpermit for property at Cooks Road for a buildto start next week. Community Ambassador PeterMilliken I’mwritingthis letter to ask that the Town of Greater Napanee consider waiving(reimbursing) the $6,396.60 development fees for us. At this time we do not have a sponsor (likeTransCanada was last year) and we are Susan Zambonin, CEO tryingto raise the required funds through many small donations. The financial support of the Town of Greater Napanee would be a tremendous help to us and the project in Roblinfor this local family.
Ifyou have any questions you require answered prior to lookingfor support from council to waive the above fee, please do not hesitate to contact me.
Yours sincerely,
Susan Zambonin CEO
(,07Carclincrs Road. \n;nn O\ k7,\I 51 ‘hone h13) 5P4—ri3 Ta hI3) 517—1W (flo(.J!h[,i((i 114S1011.C(1I11 I’.’n lid’ atl!I14stI)II.coEn li:i}’itatingtoii !)l1!Ii.ing.,Eoo
Habitat for Humanity - July 26, 2017 Re: Request to Waive De... Page 80 of 238 The Terry Fox Foundation - 2017 Annual Terry Fox Run in Grea... 613-217-2478 Thank Yours The Committee Kelly organizations We 613-217-2478. We a September July attached. and Once Dear $529,563.71. In I would few 2016 are look Terry 10km 27, Mayor Schermerhorn Truly, again words you holding our appreciate forward 2017 Fox as again
Registration The Member 17, it Schermerhorn, local before per to is An Run 2017. a time ensure for to previous event accomplishment
brief Terry is it another the your an for if opening starts you raised entirely start that the continued years,
would Fox fun all annual of at $10,124.10. BN/Reglstratlon ceremony funds the and volunteer 9:00 although for
permit Run
support. THE run. Terry successful am which raised FOUNDATION and at us
Fox Sunday, the event Since we 9:30
be to TERRY the Number: Run routes day. hold directed should and 1982 am Run in If the Greater have I and you will rely the 10809 all
event September to would have be start changed. Napanee on
cancer FOX 9979 very Napanee. the again any at like kindness proud. 9:30 RR0001 research. questions, Terry to this A map extend am. The year. Fox of
of 17w, date individuals Run the please an We for invitation Page 81 of 238 has new
will 2017 the contact raised routes be and run holding to is me are you Sunday, at a to 5km say 177-NAPANEE PUPVESREDMONDUMITED CLIENT •OCUSfO INSThANC€ SOLUTIONS CERTIFICATE OF INSURANCE SINCE Certificate # TF-184
THISCERTIFICATECONSTITUTESA STATEMENTOFTHEFACTSASOFTHEDATEOFISSUANCEANDARESO REPRESENTEDANDWARRANTEDONLYTOTHECERTIFICATE HOLDER;OTHERPERSONSRELYINGON THISMEMORANDUMDOSOATTHEIROWN RISK.THISCERTIFICATEISISSUEDASA MAilER OFINFORMATIONONLYAND CONFERSNO RIGHTSUPONTHECERTIFICATEHOLDER,THISCERTIFICATEDOESNOTAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESLISTED BELOW.
INSURED: CERTIFICATEHOLDER: The Terry Fox Foundation The Town of Greater Napanee
#150 — 8960 University High Street, Box97 Burnaby, British Columbia VSA4Th 124 John Street Napanee, ON K7R3L4
RE: Evidence of Insurance — Terry Fox Run - Sunday, September 17, 2017
THISISTO CERTIFYThATTHEPOLICIESof INSURANCEUSTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED, NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBE ISSUEDOR MAYPERTAIN.THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLElETERMS.EXCLUSIONSANDCONDITIONSOFSUCH POLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS. INSURANCECOMPANY I TYPEOF INSURANCE POLICYNUMBER POLICYPERIOD I.IMITS/COVERAGE Commercial General Liability Including:BodilyInjuryand Northbridge Insurance October 31, 2016 to $15,000,000 each occurrence Property Damage, Products& Company October 31, 2017 525,000,000 general aggregate CompletedOperations,Personal PolicyNumber Injury &Advertising Injury, Non C6C06567071 Owned Automobile, Cross Liability &Severability of Interest
ADDITIONALINFORMATION:
It is hereby understood and agreed that the following IS/are added as additional insured but only with respect to the above and arising out of the Named Insured’s Operations. The policy limits are not increased by the addition of such Additional Insured and remain as stated in this Certificate.
The Town of Greater Napanee
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company willendeavor to mail 30 days written notice to the certificate holder, but failure to mail such notice shall impose no obligation or liabilityof any kind upon the company, its agents or representatives. Date: November 17, 2016 Authorized Representative:
PURVESREDMONDLIMITED
PER______
Pun’s. Radma,d LimIted TO Un,ve,t4y Atomic. su,ic 400 Tarot, ON M5J 2M4 Phone 416.362 4246 TON Free I BOO 465 II]? Na, 416 363.7351
The Terry Fox Foundation - 2017 Annual Terry Fox Run in Grea... Page 82 of 238 The Terry Fox Foundation - 2017 Annual Terry Fox Run in Grea...
4’ 110.1064km I çO
C, (0
(0
4 4’
C a St
I 1 ‘I’ 0&&untryrub
I — Go gle 500 m Map Report a map error Copyright © 2009-2017 by Map Pedometer (www.MapPedometer.com). Use route and elevation information at your own risk. Use caution when following route. Route may be dangerous or may be impassible. Page 83 of 238 The Terry Fox Foundation - 2017 Annual Terry Fox Run in Grea...
- x-wcV s 15.1185km I 0
(9 B w Dsirl” 4’ tij
0 a I
apanee C;. C-
‘S
G Napanee Golf Go gle & Country Club 1 500 m Map Reportamaperror Copyright © 2009-2017 by Map Pedometer (www.MapPedometer.com). Use route and elevation information at your own risk. Use caution when following route. Route may be dangerous or may be impassible. Page 84 of 238 Ministry of Ministère des Municipal Affairs Affaires municipales
Office of the Minister Bureau du ministre
777 Bay Street, 17th Floor 777, rue Bay, 17e étage Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel.: 416 585-7000 Tél. : 416 585-7000 Fax: 416 585-6470 Téléc. : 416 585-6470
17-74433
Dear Clerk:
I am writing you on behalf of the Honourable Bill Mauro, Minister of Municipal Affairs, regarding recent changes to the Municipal Elections Act, 1996 under Bill 68 (Modernizing Ontario’s Municipal Legislation Act, 2017).
We heard from a number of municipalities that the requirement to collect 25 signatures endorsing a candidate’s nomination, which comes into force on April 1, 2018, may present a challenge to candidates in certain municipalities.
At Standing Committee on Social Policy, the government brought forward an amendment to the Municipal Elections Act, 1996 to provide an exemption to this requirement for candidates in municipalities with fewer than the prescribed number of electors. As a part of that process, we committed to consulting with municipalities to understand any challenges that they anticipate candidates within their municipality may face in meeting this requirement.
To help municipalities attract suitable candidates for their elections, we are looking for your council’s feedback regarding the following two questions: 1. Would potential candidates in your municipality have any challenges in fulfilling the requirement to have their nomination endorsed by 25 electors? 2. The Minister of Municipal Affairs now has the authority to provide an exemption from the requirement for municipal council candidates to have their nomination endorsed by 25 electors in a municipality with less than the prescribed number of electors. What number of electors in a municipality is the appropriate threshold for the exemption to apply?
We look forward to hearing back from you by September 15, 2017. Please accept my best wishes.
Sincerely,
Lou Rinaldi Parliamentary Assistant to the Minister of Municipal Affairs
Ministry of Municipal Affairs - Request for Council Feedback... Page 85 of 238 Ministry of Ministère des Municipal Affairs Affaires municipales
Office of the Minister Bureau du ministre
777 Bay Street, 17th Floor 777, rue Bay, 17e étage Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel.: 416 585-7000 Tél. : 416 585-7000 Fax: 416 585-6470 Téléc. : 416 585-6470
17-74433
Aux secrétaires municipaux :
Je vous écris au nom de l’honorable Bill Mauro, ministre des Affaires municipales, concernant des modifications apportées récemment à la Loi de 1996 sur les élections municipales aux termes du projet de loi 68 (Loi de 2017 sur la modernisation de la législation municipale ontarienne).
Un certain nombre de représentants municipaux nous ont dit qu’il pourrait être difficile dans certaines municipalités de satisfaire à l’exigence voulant que la déclaration de candidature d’une personne soit appuyée par au moins 25 électeurs, qui prend effet le 1er avril 2018.
Au Comité permanent de la politique sociale, le gouvernement a proposé une modification à la Loi de 1996 sur les élections municipales visant à prévoir une dérogation à cette exigence dans le cas de candidats dans des municipalités comptant moins d’électeurs que le nombre prescrit. Dans la foulée, nous nous sommes engagés à consulter les municipalités pour comprendre les difficultés qui pourraient empêcher les candidats de satisfaire à cette exigence.
Pour aider les municipalités à attirer des candidats qualifiés pour leur élection, nous demandons l’avis de votre conseil concernant les deux questions suivantes : 1. Dans votre municipalité, les candidats éventuels auraient-ils des difficultés à faire appuyer leur déclaration de candidature par 25 électeurs? 2. Le ministre des Affaires municipales a maintenant le pouvoir d’autoriser une exception à l’exigence de faire appuyer la déclaration de candidature à un poste au sein du conseil municipal par 25 électeurs dans une municipalité qui compte moins d’électeurs que le nombre prescrit. Combien d’électeurs dans une municipalité représente le seuil approprié pour que cette dérogation s’applique?
Dans l’attente de vos observations d’ici le 15 septembre 2017, je vous prie d’agréer, Madame, Monsieur, mes salutations les plus cordiales.
Lou Rinaldi Adjoint parlementaire au ministre des affaires municipales
Ministry of Municipal Affairs - Request for Council Feedback... Page 86 of 238 ______
From: Randall Blancher, Karen — Sent: Tuesday, August 15, 2017 10:17 PM To: [email protected]; Lyndsay Tee
Hi everyone,
As you all know, I believe, students and I at NDSS have been involved in the most amazing project. This spring they worked in collaboration with indigenous artists and knowLedgeKeepers to create an Honouring the land: encircLingCulture medicine Wheel. This summer the murals here installed and they are truly breath taking. This fall we want to host an unveiling of our reconciliACTion project.
Fm asking if any of you would like to expand this celebration beyond the school and encorporate it into the Greater Napanee/ TMT communities? I have contacted the agent for A Tribe Called Red. They need to understand the scope of the event to possibly schedule it into their available times. Costs range according To the breadth of the event.
This response to them is fairly timely. I hope to have an event that fosters youth connection for the future. Seeing the murals, meeting artists, having authors, drummers, a cultural production from FNTI and hopefully have a concert with A Tribe Called Red (includes singers and dancers) would be amazing!
Please let me know your interest ASAP.
Karen Randall Blancher History/Indigenous Studies Napanee District SS @MsRandall_LDSB
Karen Randall Blancher, NDSS - Unveiling of an Honouring the... Page 87 of 238
Napanee BIA - Re: Request to Form an Ad hoc Parking Committe...
Napanee
Rob
Sincerely
We
approve
following To
With
become
downtown
The
on
Directors Dear
RE:
Napanee, Town
124
August
Mayor
help
a
look
Hendrick,
WA
John
casual
infrastructure
Mayor
BIA
BIA
WA
of
NapaneeBlA
REQUEST
Gord
ensure
forward
an
16,2017
appreciates
WA
the
Yours,
Greater
WA
St
from
ON
Treasurer
Director
Chair
even
business
basis
formation
Schermerhorn,
Schermerhorn
Directors
Chair
K7R
Council
the
more
Rob
to
to
Napanee
TO
47
Napanee
489
Napanee
the
Rennie
address
upgrades,
Dundas
community
the
FORM
Hendrick
Shaune
important
of
support
is
as
opportunity
an
kept
members
Hutzler
St
AN
concerns
ad
BIA
Lucas
Business
East,
construction
up
hoc
AD
of
is
Board
issue.
to
Council
Napanee,
included
HOC
Parking
date
I
of
www.downtownnapanee.com
to
related
this
of
network
PARKING
on
Management Improvement
on
committee:
K7R
and
Committee.
in
our
this
to
those
1H7
increased
parking
activities,
with
matter.
COMMITTEE
613.354.9S08
discusions
staff
have
We
in
activity
we
the
to
would
Area
I
been
Facebook:
are
ensure
downtown.
that
requesting
we
working
like
Corporation
will
the
have
Downtown-Napanee-BIA
to
NäpAtié
voice
propose
affect
seen
with
Council
Page 88 of 238
of
the
parking
town
c_fl
our
O’u’
the
A
WA.
to
fow’t staff ____
From: Omar Kandar [mailto:[email protected] Sent: August 17, 2017 4:11 PM To: Susan Beckel
Hi Susan,
As discussed we had made a proposal to the MTO to complete some of our Staging work by utilizing a nightshift flagging operation that would minimize disturbance to the travelling public and allow at County Road 4110 be completed earlier. Pending the MTO’s approval, it would also require an additional 10weekdays to the Noise By-Law Exemption.
I have attached a copy of the letter to the MTO that highlights sonic the advantages to the public. Is this something that can be included on the Agenda at next week’s council meeting.
Let me know if there is any additional info you may require.
Regards,
Omar Kandar Project Manager R.W. Tomlinson Limited Office: (613) 822-1867 Cell: (613) 806-5448 Fax: (613) 822-6844 E-Mail: okandar@comlinsono .com TOMLINSON torn! info ng rou p . corn FOUNDED ON STRENSTH GUIDED BY VISION
From: Susan Beckel [mailto:sbeckel @reaternapanee.com] Sent: Thursday, August 17,2017 3:27 PM To: Omar Kandar
External Email. Becareful replying, opening links or attachments.
FYI
Susan Beckel, BBA, DipI. M.M., Clerk
RW Tomlinson Ltd. - Re: Extension of Noise By-law Exemption ... Page 89 of 238 Town of Greater Napanee - Community &Corporate Services 12 MarketSquare, Napanee, ON K7R 1J3 Tel: 613-354-3351, Ext. 2014
This entail maycontain CONFIDENTIAL INFORMATION. If you are not the inended recipient of this entail do not disseniinale, copy or use this email. If you have wceived this email in error, please notify (he sender imittediately and delee the entail from your system. Thank you.
From: 2017-402! [rnailto:[email protected] Sent: August 16, 2017 11:08AM To: Susan Beckel
Susan,
Please see attached. Requests, emails & resolutions. We may send something for the agenda after we discuss with the MTO.
Call if you would like to discuss. (613) 827-3474
Thank you,
Scott
RW Tomlinson Ltd. - Re: Extension of Noise By-law Exemption ... Page 90 of 238 RW Tomlinson Ltd. - Re: Extension of Noise By-law Exemption ... Proposed Original stages, changes, and Subject: at 99 Contract Graham, GD believes Contract: In Contract Graham Phone: the light Dairy iewell • • • • • • • • reduce West as (613) flagging Placement nightshift place. Stage Complete Rehabilitation the West Stage lanes East Bulk Stage Rehabilitation Northbound lanes of RWT Potter Aye, Proposed Administrator 20174021 Construction this the Engineering 2017-4021 placements Revised recent mid-span the Abutment of Abutment 308-9091 Napanee, has alternative on on Abutment 3 benefits 2 1 This Stage (see: (see: (see: sufficiently overall the the considered Changes operation Changes Stage of includes Construction West and Hwy East Contract Contract Contract 2 concrete Inc of Work to Work for ON, Staging: work and Wall impact the 1 and has Southbound the 401 Half.
Work TOIV1LINSON Stage to FOUNDED Half. in K7R concrete the away from bridge on on (see: County to the the a the Owner Structure Drawing Drawing Drawing potential 1M5 for to the be portion the and 3, portion Staging: Work potential from the 10pm Instruction patches completed with within County County Road then and removal, travelling Phone: traffic Rehabilitations the at 5597 #4A) #2A) ISA) of OPP ON to alternative of schedule 41 the switch the the to 6am. in signalized the Road Road Staging Power 61 assistance setup setup setup running STRENGTH soffit mitigate Notice County www.tomJinsongroup.com at designated soffit 3-822-1867 sandblasting, soffit public. Localized night to 41 41 Road, considerations. with with with for original to inside Structure Structure #17) Napanee on inside Road intersection with schedule Stage the The Ottawa, to Temporary Temporary Temporary each Work and control flagging the construction Fax: 41 the following Stage the forming 2 side GUIDED to ON, to similar Structure designated to 613-822-6844 use designated Area. deterioration be be be 3 traffic K1G (see: of operation of configuration. Concrete Concrete Concrete completed completed completed the and details constraints Traffic a 3N4 Figure flagging staging related at BY designated pre-wetting. Work each Work the reduced as VISION Barrier Barrier Barrier risk, 1 in in specified at to per Area. operation, below). end. extent we Area. two three the maximize concrete TL-20A Work to to anticipate to to Traffic same (2) RWT Traffic complete complete complete of (3) two Page 91 of 238 in stages. the Area. stages. while in the is time removal concurrent lanes, reduced proposing OTM reduced proposed in Contract. Stage August during repairs soffit repairs subsequent with Book constraints to to 3 repairs the 14,2017 activity, a two- 7, on on is two- RWT in with the day the at TOWILINSON FOUNDED ON STRENGTH GUIDED BY VISION
C (C C C C I F
—4-———-—
I • _• Ali’ce \ \ rF - —- \ ,: ltlI I ‘tT1k \\\ 0 W / Z C/fl \\ I I\ 0 0 \ Figure 1: Proposed Short-Term Closures to Complete Stage 2 work
Benefits to the Owner: • Potential to mitigate schedule deterioration riskas a result of concrete removal constraints imposed. • Potential to mitigate cost impacts that may otherwise result from the onset of cold weather, as it relates to Concrete and Asphalt work. • Maximizesconcurrent activity by allowing Stage 2 work to be completed at the same time as Stage 3. • Concrete Removal,Sandblasting, Forming and Pre-Wetting can all take place at night during an 8-hour window during low traffic volume period. • Work Area in Stage 3 can be utilized for cleanup of debris and storage of equipment at the end of each shift. • Stage 2 concrete placements can take place at the same time as Stage 3 placements during the day with the use of a “VeryShort Duration Closure” (ie. Lessthan 15 minutes), as forms would already be installed during the night shift. Closure only required during the day (with OPPAssistance)to hook up the pump and complete placement at each patch. • OriginalStage 2 configuration presents a concern for passage of wide loads on the outside lanes (eg. farming equipment) with only 3.3Gmof available width. • Overall impact to the travelling public is minimized and original configuration can be implemented sooner.
Requirements for Implementation: • RWTwould require a relaxation of the requirements stated in SP100F08M,to allow for Short Duration Lane Closuresto take place between 10pm and 6am. • RWT would require permission from the Owner to utilize available days from the Noise By-Law Exemptionto complete this work. RWTEstimates that 10 days would be required. • RWT would need to ensure a minimum 4.5m vertical clearance to the extremity of its soffit patch formwork is maintained.
www.tornlinsong roup- corn 5597 Power Road, Ottawa, ON, K1G 3N4 Phone: 613-822-1867 Fax: 613-822-6844
RW Tomlinson Ltd. - Re: Extension of Noise By-law Exemption ... Page 92 of 238
Staff Report to Council
To: Mayor Schermerhorn and Members of Council
Date: August 22, 2017
Prepared By: Susan Beckel, Clerk
Presented By: Susan Beckel, Clerk Re: Community & Corporate Services - Request to Close and Convey an Unopened Road Allowance between County Road 2 W and Napanee River Supplemental Report
Staff Recommendation: That Council receive for information the Community & Corporate Services - Request to Close and Convey an Unopened Road Allowance between County Road 2 W and Napanee River Supplemental report; And further that Council hereby confirms Resolution #152/07 dated May 28, 2007 and declines the request from Peter Hayes to close and convey the unopened road allowance located on the east side of the westerly half of Lot 13, Concession 1, geographic Township of Richmond lying between County Road 2 and the Napanee River.
Financial Implications: Upon review, there are no financial implications. Accessibility Implications: This report may be available in alternate format upon request.
Information Technology Implications: Upon review, there are no information technology implications.
Energy Management Implications: Upon review, there are no energy management implications.
Background Information: At the Council meeting on July 18, 2017, Council adopted the following resolution:
RESOLUTION #320/17: Isbester & Cole That Council receive for information the Community & Corporate Services - Request for Closing and Conveying an Unopened Road Allowance between County Road 2 West and Napanee River report;
Community & Corporate Services - Request to Close and Convey... Page 93 of 238 And further that Council defer a decision regarding the request from Peter Hayes to close and convey the unopened road allowance located on the east side of the westerly half of Lot 13, Concession 1, geographic Township of Richmond, lying between County Road 2 and the Napanee River, until staff can conduct a further review of the property. CARRIED. As reported previously to Council, Mr. Hayes had made the same application in 2007, at which time Council received a staff report and declined the request. The 2007 staff report stated: “As this piece of land has waterfront access (albeit very limited at the moment) staff do not endorse its sale at this time.”
Discussion: Town staff has further reviewed the request and agree that the recommendation to Council should be to decline the request from Mr. Hayes to close and convey this unopened municipal road allowance and that the Town retain the lands for the following reason: ▪ The road allowance is waterfront property, which could provide a future access point to the Napanee River for a public boat launch or other water access.
Community & Corporate Services - Request to Close and Convey... Page 94 of 238
Pool Task Force Committee
ADOPTION
ADOPTION
ITEMS
ABSENT:
CALL
OTHERS
PRESENT:
That
Market
That
approved.
adopted.
RESOLUTION
RESOLUTION
Peter
• •
•
•
•
Committee
the
the
TO
Dafoe
seeking
communities facility.
The
Aquatics
Option The
confident
Napanee
Napanee have
Leisure
In Leisure
FOR
Study
minutes
agenda
conversation
PRESENT:
ORDER
Market
“Facility
the
OF
OF
DISCUSSION
called
Dan
Norma
Coundlior
Helen
A
RFP
Minutes
Plan’s
Plan
partnership
#10/16:
#9/16:
AGENDA
MINUTES
as Market
Feasibility
area.
that
is
Room,
of
of
MacDonald,
key.
Research
presented
the
the
Concept”
to
Demers,
the
International
their Fitchett,
approach
having
with
Consideration
meeting
of
Pool
Study
Pool
Carol
Leisure
Infrastructure
proposal
POOL
Meeting
Study.
Martin Accessibility
Martin Vicki
considerations. TOWN
Peter
Leisure
Task
Task
will
Deb
Morgan
and
a
in
done.
Harvey
Manager
is
pool.
to
the
Plan
Hallam,
include
TASK
Dafoe,
Inc.
&
&
different
“Sustainability” Lowry,
Force
order
OF
Force
will
Held
Plan,
Pinnell
proposal, Lowry
was
said
for
Waddell,
It
GREATER
give
Services,
all
FORCE
at of
General
current meeting
Manager
neighbouring
September
meeting
their
Nicole
the
there
than
depends
6:40
Facilities
Napanee
only
is
study
Mary
our
is
pm
geared
Martin,
and
COMMITTEE
Manager
dated
in
dated
NAPANEE
45
no
of
submission
request.
our
on
will
future
Safety
Woods
12,
magic
Commercial
the
municipalities
the
September
favorable
Dave
focus request
May
2016
answers
Infrastructure
community.
demand
Compliance
“population”
and
9,
However,
Pinnell
primarily
for
at
2016
is
6:30
to
the
not
they
Court,
12,
for
the
will
are
Jr.
Proposal
relevant
PM
they 2016
on
an
are
questions
and
account
&
formula Services,
Page 95 of 238
hereby
the
aquatic
Napanee
looking
are
be
CARRIED
CARRIED
Greater
until
for
hereby
for
later,
an
for.
we
Page
1
of 2
Pool Task Force Committee
ADJOURNMENT
Peter
NEXT
NEW
POOL
That
A
To
That
on
RESOLUTION
RESOLUTION#
report
Option
be
•
• •
the
the
Dafoe, BUSINESS
MEETING
determined
TASK
Leisure
Option
management
Municipal
If
with
Market
Pool
committee
A
in
Chai
the
FORCE
Task
B
the
Plan
#
as
Study
application.
RFP
12/16:
11/16:
proposal.
presented
Force
has
recommends
and
COMMITTEE
attached
is
a
favorable,
operations,
Meeting
vast
Pinnell
Harvey&
in
porifollo
will
the
proceeding
&
does
be
next Lowry
-
proposal,
Pinnell
architectural
September
presented
including
hereby
steps
with
would
would
adjourn
at
working
drawings
12,
consultation
Council
be
include
2016
at
more
with
7:35
Minutes
and
on
partnership
favorable
many
from
September
pm
financial
Leisure
YMCA’s. to
Page 96 of 238
opportunities,
viability.
explore
27th,
Plan
CARRIED
CARRIED
2016.
based for Page 2 of 2
Napanee BIA - Minutes
6.
5.
4.
3.
2.
1.
Guest:
Present:
NAPANEE
MINUTES
NAPANEE
Tammy.
COMMIHEE
MOTION
MOTION
scheduling;
Disclosure
the
planters
Downtown
Rob Meeting
b.
a.
work
welcomed
Corcoran
Carol
Sondra
OFJUNE
BUSINESS
BIA
BEAUTIFICATION:
There
Sondra
hosting MARKETING agricultural
and
discussion
Doris
ready.
Carried.
would
called
between
by
by
of
infrastructure
Harvey
John
the
REPORTS Sondra
Rennie
i[BIA
conflict
reported
Elliott
was
She
reported
John
21,
an
to
Site
not
George
CENTRE
indicated
order
agreement
on
event
Centre
2017
asked
be
images
Supervisor
to
&
to
Hoogwerf
Minutes
of
the
COMMUNICATIONS: arriving
the
approve
approve
Lyons
interest:
by
on
to
BOARD
Tammy
Kathy
plan
board
project
and
hanging
he
will
WA
recognize
completed
June
the
lot would
for
for
Robert
John
be
from Chair
Medd
the
the
members
OF
Peck
No
event
the
including
ordered another4
21,
planters
board
MANAGEMENT
amended
Hoogwerf
Corcoran
follow
Disclosure.
Rob
the
UPI Streets
2017
and
should
at
completion
lot.
for
minutes
to
ongoing
some
up.
6:30pm.
have
to
Shaune
Rob
compliment
would
Sondra
their
agenda.
Excavating.
take
5
Rob
weeks.
Hendrick
been
background
of
input
MEETING
thanked
projects.
place
be
Lucas
confirmed
of
the
Seconded
installed
completed
construction
There
on
May
when
John
the
the
John
Doris
Sondra
on
antique
23,
was
provided
planter
while
all
by
project
4-
for
2017
by
Lucas
fixtures
a
Carol.
18x24
asked
question
from
Corcoran’s
July
street
farm
meeting.
locations.
delays.
an
14,
Carried.
Centre
signs
have
the
machinery
update
planters
however
about
Rennie
board
It
with
been
efforts.
Seconded
There
to
was on
Page 97 of 238
Robert
work
are
archival
for
installed.
Hutzler
at
the
noted
the
was
input
nearly
the
Diggin’
tree
by
Streets.
UPI most
on
lot of
Napanee BIA - Minutes
7.
BUSINESS
b.
a.
d.
c.
Shaune
numerous
Rob
OUTSIDE
There
action
parking
Shaune
BIG
ARISING:
iv.
iii.
v.
noted
ii.
DIG:
i9iiteLne
i.
was
item
awaiting
awards
2017
assistance
provide Kathy
2017
event
included
help
follow
Riverfront
Kathy
Parking
to
Kathy committee Arts There
In
Community for
abusers.
COMMIHEES:
businesses
work
addition
ensure
some
Action:
the
Action:
Action:
requesting
determine
&
WA
Business
provided
went
reported
noted
was
up
Culture
committee.
an
BIA
continues
Committee
a
in
Award
discussion
Seconded
on
quote
the
from
Festival
updated
a
the
to
very
was
to
Provide
Development
meeting recommendation
new
Parking
Contact
to
notes
board
Awards communicate
Advisory
board
an
a
BIA
where
board
advise
reviewing
Nomination
well
to
meeting
signage.
on
update
I
repair
Seconded
intern
members by
21, about
I
provided
BIA
board is
with
the
BIA
request
Committee
By-Law
package
members
Event
visitors
Sondra.
kept
them
2017
Committee
Rep:
lighting
Reps:
lights
on
great
of
Nicole
a
Advisory parking
members
up
proposal
Form
with
the
of
I
the
officer
had
in
by list
Kathy
to
BIA
and
to
to
Carried.
lights
on
Shaune;
weather
the
in
Parking
Doris.
Wells
the
committee’s
survey for
liaise
meeting.
date
the
not
along
Rep:
challenges
selling forwarded
the
Committee
Manager’s
I
the
Erm
event
that
to
with
By-Law
BIA
yet
on
with
BIA spent
Carried.
There
Shaune;
adjust
with
he
Committee.
Rennie;
board.
and
Andoney.
Rep:
tickets
items
been
are
up
billboard.
were
and
BIA
the
a
officer
the
during
was
to
to
not
planning.
the
wide
Kathy
Report,
completed.
Shaune
MOTION
related
members
date
the
Kathy
traveling
to Rob;
day
planning
working.
a
program
the
reminder
variety
Town. to
construction.
at
members
Kathy
indentify
it
event.
to
the
initiated.
Shaune
was
by
serving
from.
the
recommendations
It
Rob
event
for
of
Shaune
was
noted
of
BIA.
Kathy
activities.
2017.
list.
noted
requested
Her
an
and
He
on
also
collecting
MOTION outstanding
Page 98 of 238
the
to
report
was
has
this
notify
noted
he
approve
Culture
spoken
asked
committee
would
chronic
was
by
data
the
of
to
the
the
Days
to to
Napanee BIA - Minutes
Meeting
12.
11.
10.
9. 8.
______
MOTION the
Due MOTION
NEW
REPORTS
next
b.
a.
d.
to
Chair:
c.
b.
a.
BUSINESS:
time
approve
TREASURER:
Carried. A
the
board. conducted
Carol
Shaune
It COUNCIL:
No
CHAIR:
Confirmation
correction
no
MANAGER:
board
to
by
summary
was
Rob
questions
report.
adjourn
BIA,
constraints
Doris
will
noted
meeting.
Hendrick
requested
the
the
BIA
follow
to
to
in
of
by YTD
Manager’s
receive
Minutes the
early
from
the
the
advertising/marketing
Doris.
the
up
Treasurer’s
new
Action:
Action:
Manager’s
switch
a
the
May.
approved
for
check all
-
Seconded
Shell
June
Manager’s
a
Report
reports.
To
to
report
Investigate
Information
on
station
a ensure
21,
Report
Report.
new
agenda
the
from
2017
byTammy.
on
Seconded
BIA’s
Report.
internet
was
the
the
and
the
Confirmation
expenses
amendment
website
now
Building
board
on
policy
most
the
Minutes
by
the
service
Carried.
open.
June
Carol.
is
for
recent
results
hosting
was
Department’s
kept
deputations.
Prepared
Expenses
for provider
of
provided.
Carried.
up
Council
the
of
an
rates.
to the
I
in
hiring
date
By:
Report.
camera
was
heritage
session
heritage
MOTION
of
Kathy on
completed.
NA]
a
Council
Seconded
session
BIA
was
building
Medd
building
by
intern.
distributed
Shaune
items
was Kathy
Page 99 of 238
by
survey.
survey
There
deferred
Doris.
related
noted
to
to
were
the
to
a to Staff Report to Council Greater Napanee
To: Mayor Schermerhorn and Members of Council
Date: August 22, 2017
Prepared By: Raymond Callery, CAO
Presented By: General Managers
Re: CAO - Service Area Updates
Staff Recommendation:
That Council receive for information the CAO - Service Area Updates report.
Financial Implications: 2017 Budget should accommodate these initiatives unless otherwise identified.
Accessibility Implications: Continue to update many operational policies
Information Technology Implications: Initiatives identify implications as appropriate.
Background Information This monthly report format has been designed to give a high level overview to Council on significant projects taking place under each of the three main portfolios of Infrastructure Services, Emergency Services and Community and Corporate Services. The report also summarizes Human Resource, Energy Management and other initiatives being spearheaded by the office of the CAO.
I trust you will find this information useful, when combined with the other reporting that is being produced for each service area.
CAO - Service Area Updates Page 100 of 238 ______
Eme en ‘Services — Cornorate-Wide Health & Safety Project Policy Implications Current Project
Safety Message Your Hands — don’t take them for granted! We have the responsibility to remind our employees to use appropriate hand protection when hands are exposed to hazards such as those from skin absor of harmful substances. Project Policy Implications Current Project Incidents/Near Misses Address at Safety Talks Employee Accident Report; skin reaction to chemical burn, resulting in blistering and swelling WSIB report filed No loss time Preventive action Use Personal Protective Equipment provided. Training Coordinating training with the PSHSA consultant for new Joint Health & Safety members. Looking at additional training this fall for all staff Joint Health & Safety Terms of Reference A new formation of the Joint Health & Safety Committee changes to be approved Committee has evolved after departmental elections for worker representatives. More representatives will make up the Commttee. Meetings will resume in September Health & Safety Policy New Policy approval Cunningham, CAC, and Mgr of H&S have made from Council changes/recommendations to the existing Violence & Harassment Policy.
Services — Fire Project Policy Implications Recent Updates Calls for Service In 2016 Emergency Services responded to 544 calls for service. Calls for service to date in 2017 are 330.
E Services — Conservation Proiects Project Policy Implications Recent Updates Napanee Station Insulation Budget approved Plans have been approved by Development Project Services, permit has been issued. Contactor has started removal of steel cladding and installing new ridged insulation board and air barrier.
Services — C . Prolects Project Policy Implications Recent Updates Personal Protective NFPA Compliance 10 sets of new Bunker Gear have been delivered Equipment and issued. Old sets have been removed from service. Looking at Firefighters Without Borders for disposal of our out of service sets.
CAO - Service Area Updates Page 101 of 238 ______
Eme ncv Services — Public Education/Enforcement Project Policy Implications Current Project Inspections Provincial Compliance. Inspections are on-going. 220 have been completed to date. Annual Legislated Vulnerable Occupancy Evacuation Drills are 50% complete. Those completed have all met the Provincial Standard. Developmentl Construction On-going review of development and construction proposals. Public Education Updated training for Day Camp Staff for Extinguisher and Fire Safety Planning for Rotary Park and surrounding area. Working to accommodate several day camps and child care facilities with Station visits and tours. Code Enforcement Provincial Compliance There are no outstanding Fire Code enforcement issues at this time.
Services — Fleet Project Policy Implications Current Project Fleet Rationalization Plan Capital Budget The new Volvo loader has arrived. Staff training on it has been completed and the loader has been placed into service.
Fleet Reserve Budget Three surplus assets have been listed on Govdeals and have sold. Listed below is the item and amount it sold for; 1994 Volvo loader, $19,520.00 2002 Freightliner plow truck, $16,020.00 Ford tractor, $10,020.77
Fleet Maintenance Program Approval of Council The review of the fleet maintenance program has been completed. The plan has been presented to senior management. A new tracking system to collect data is being created. This new system is required to start the process for a records management and auditing program. This program will allow for the tracking of each vehicle maintenance and cost. The program will be presented to Council late 2017.
Ems Services - Ems en Measures Project Policy Implications Current Project Emergency Management Provincial Compliance Preparation work on detailed documentation for Program Plan approval, due to more rigid assessments in meeting legislative requirements. Emergency Management Provincial Compliance Training dates have been confirmed, working on Training & Exercise staff training plans/presentations
CAO - Service Area Updates Page 102 of 238 ______
Eme cv Services — Accessibility [ijecf” Policy Implications Current Project Accessible Counter at SPC Accessibile Capital Exploring options/gathering quotes for renovation Budget/Operational Budget to the SPC front reception counter to address rjotential accessible needs.
Infrastructure Services - P/ann/n S and Development Services Project Policy Implications Current Project Building Permit Information Total Permits: January 1St until July 3Vt, 2017— 192 building permits applications which includes 28 single family dwellings. Total construction value: $ 21,670,127.65 Total permit fees: $ 237,926.84
Status of various ABcann — building application has been submitted construction projects. for an addition to the existing building on VanLuven Road.
LACGH Foundation — Doctor’s offices are under construction. Gibbard’s Furniture Building— demolition permit has been issued for rear portions of the existing building.
99 Dairy Ave. — building permit for the first floor only has been issued for renovations to the existing building for a banquet facility. Construction is ongoing.
GoodYear Plant — building permit has been issued for a 1,210 sq.m addition. Foundations have commenced.
Comfort Inn Site Plan — Revised Site Plan submitted and reviewed. Community Road Finalizing Site Plan Agreement. Applying for Building Permit
Turgal (1988) Inc. — Beverly Construction of Richmond Park Drive nearing Street! Richmond Park completion, Removal of Holding Symbol on Sept Drive Construction 12, 2107. Applications for Building Permits in new stage forthcoming
ABcann Site Plan — New Site Plan application for large production Kimmett Side Road facility, circulated for review
Red Tree Developments — Information public meeting for August 22, 2017. Reid Street Awaiting on final materials for complete application. Various public inquiries received.
Various File Review W.O. Stinson — Service Road — site plan application nearing completion
St. Patrick’s Parish Hall — Site plan application to nearing completion
CAO - Service Area Updates Page 103 of 238 Infrastructure Services - Utilities Project Policy Implications Current Project Dundas Street Len Corcoran Excavating have now completed all Reconstruction (Diggin water and sanitary pipe installation for phase 1 of Downtown) the Diggin Downtown. In the coming coming weeks, crews will be focused on all types of restoration efforts from, installing concrete curb and sidewalk, asphalt, Soil and Sod. 2017/08/17
2017 Hydrant Maintenance The 2017 Summer hydrant maintenance, & Flushing Program inspection and flushing program has been successfully completed. 2017/08/17
Infrastructure Services — Public Works/Landfill Project Policy Implications Current Project Capital Road Projects Working on 2017 Capital Road Projects, Storey Street, Second Aye, Daly Crescent, Grange Crescent. Sherman’s Point Rd., Deseronto Rd. Paving completed on McCabe Street. 2017108/lO
Cold Patching Cold patching municipal and county roads. 2017/08/10 Street Clean-up Street sweeping and clean-up is ongoing in all areas of town. 2017/os/la Roadside Maintenace Continuing to cut roadsides.2o17/oa/1o
Infrastructure Services — Facilities Policy Implications Current Project
Goodyear Rink SPC staff are currently building ice for the re opening of the Goodyear rink Monday August 21 st. Both rinks will now be ready for the 2017/18 hockey
. season.
Napanee River Staff had a meeting with the OPP regarding No Wake Zones. OPP will be placing a notice in the local newspaper to educate the public. Staff will also be in contact with MTO to have No Wake control buoys located in these zones. 2017/08/10 Pool Task Force Committee The next phase of the Feasibility Study includes engaging the Senior population. the Committee will host an Open House September 11, from 4-7
______pm at the SOS Centre, Richmond Park Drive.
CAO - Service Area Updates Page 104 of 238 ______
Finance Project Policy Implications Current Project
2016 Audit Approval of financial Final 2016 Audit completed. 2017 Interim Audit statements completed expected to start by the end of 2017. Tax Sales Council direction on Staff will be working on update of Tax Sales for unsuccessful sales will be Fall 2017. req u i red Tangible Capital Assets Continuation of updating assets values. 2017 Taxes 2017 Final Tax Bills have been issued with installment due dates of June 30th and September 2gth, 2017. Tax Policy Effects on Budgets and tax rates will be investigated and presented during future Budget Deliberations. 2017 Budget Council Approved 2017 Budget in place, will continue to monitor and update Council accordingly.
14.4a, Commun’S______and Corporate Services — Information Techno Project Policy Implications Current Project Downtown Wireless Access Points and cameras removed from Robert Network and Center on Dundas are planned for reinstallation by end of August
Cameras to be installed at Rotary Park — End of August
Server? Infrastructure SCADA network/system upgrade - Complete
upgrades Online Payment System — In development. Anticipated launch in September
Website upgrade - — In development. Anticipated launch end of September Vt Laptop Replacement — Ongoing (Complete by September) Telephone System Volume increased for auto-attendant to better accommodate hearing impaired. Training
CAO - Service Area Updates Page 105 of 238 ______
Community and Corporate Services — Clerks Project Policy Implications Current Project By-laws/By-law By-law Review/Update I • Frontenac Municipal Law Enforcement is Enforcement assisting with By-law Enforcement coverage 7 hours/week, while By-law Enforcement Officer is away. Information Requests Municipal Freedom of • 4 requests for information under MFIPPA Information and Protection have been processed to date in 2017. of Privacy Act (MFIPPA)
Property Matters Council Direction by • Processing 2 road closing requests as Resolutions #318/17 & approved by Council. #319/17 & Town Road • Reviewing road closing request that was Closing Policy deferred by applicant. Municipal Election 2018 Town Procurement Policy • Contract with Intelivote for internet & By-law telephone service provider has been executed. • Clerk met with 2 neighbouring Clerks to begin discussing working together re:election policies & procedures, joint compliance audit committee and other election matters. • Clerk and Receptionist will be attending election training in October. Heritage Policies Council Direction by • Researching heritage policy information with Resolution #97/17 Feb. 28, draft documents scheduled to come before 2017 Council in the fall. Licensing • Number of marriage licences issued to date exceeds 200, which is a significant increase over_2016.
Community and Corporate Services — Comm.!LZJT1dflrqItI,iIuhlR Project Policy Implications Current Project Community Improvement Council Approval Required Plan Communities in Bloom UPI approved the Town locating 12 vegetable garden boxes on their lot at Centre and Bridge Street. Other locations Community Health Centre and Interval House. Napanee Area Community Monitoring the Health Centre’s impact on parking Health Centre in the area. Arts & Culture • The Committee meet Tues. August 1 5°’ - • The Pallet Program has been running smoothly with six pallets now installed and another two in production. The “PaIIeV’able Art Program has been uploaded onto the municipal app. Additional designs were approved at the August meeting . The award winners of the 2017 Art & Culture Awards will be presented to Council at the first meeting in September. • The Committee is finalizing plans for the 2017 Culture Days to take place on Saturday, September 30, 2017. . Music By The River has been very successful this_summer.
CAO - Service Area Updates Page 106 of 238 - Youth Programming weeks and improvements made to the program have been positively noted by both staff and the public. A full review of the program will be presented to Council in October. • The Minor Ball season is wrapping up with all divisions finished play at the end of the month. • Plans are in place for the succcessful operations of the seven PA Day Camps in the 2017/2018 school calendar year as well as the
March Break Day Camp and new this year — the Winter Break Day Camp Adult Programming • The new Pickleball League has been a popular outing for seniors in the community with an average of 25 participants per session. Pending Council’s approval, staff are hoping to continue the positive momentum by offering the program throughout the fall/winter as detailed in the Council Report.
CDAC • The last Committee meeting took place on 22nd June . The Committee discussed numerous topics and will not meet again until September. Economic Development Registered Survey Plan completed for the land to •_be_sold_to_Moore_5 Met with a company looking at moving their operation to 15 Dairy Ave. Investigating options for high speed internet for businesses located north of HWY 401 and in the Industrial Park Comfort Inn has submitted their construction drawings for a Building Permit Met with two companies regarding the vacant lot at 465 Centre St next to McDonalds Met with Infrastructure Services and Gibbards developers in a pie-consultation meeting
Met with the County and a company looking for land for a marijuana growing operation. Also looking in Loyalist. North Fredricksburgh Hall This will be the alternate location for our Summer Day Camp on rain days and during extreme heat advisories. Hometown Market The final day of the 2017 Hometown Market Season will be Saturday September 301h and will align with the BIA Scarecrow Festival and Culture Days. Community Events Staff are currently planning and preparing for all winter events such as; Big Bright Light Show, Parade of Lights, New Years Day and Family Day. Tourism and Culture The students have been busy working on various Summer Student projects throughout the summer including assisting with our social media presence, content writing for the web, market and event support, etc.
CAO - Service Area Updates Page 107 of 238 Office of the Chief Administrative Officer — Human Resources Project Policy Implications Current Project Staffing Council to review report on Utilities draft agreement ratified and Fire completion. negotiations underway.
Structural review on hold pending secondary report completion. Majority of research compted. borma Review Departmental Objectives will be reassessed after 1 completion of Strategic Plan. Mid term assessments being reviewed by GAO for follow up HR Software Vacation calendars and reporting being developed Training Training for all staff on new employment policies being developed for September 2017. Accreditation A group of staff now writing final research papers for Municipal Management Diploma. ! Presentations to Council in the fall. Job Postings/Interviews Communications Intern at interview stage Public Works Labourer posted Recreation Attendant Posted Summer Student exit interviews being scheduled IT Coordinator position to be posted
Office of the Chief Administrative Officer — Council Proiects/Policv Project Policy Implications Current Project Physician Recruitment As part of the Eastern Regional Medical Program Education Program Community Week 2017, Greater Napanee hosted two medical students • from Ottawa Univ. and three from Queen’s Univ. Building Safety and Council approval will be Director of Operational Audits has been tasked as Rationalization Plan required on the lead on this priority project. A review will be recommendations completed on physical safety assessments of all buildings and a complete rationalization review will be completed on all buildings based on future operating needs. Strategic Planning Document to be brought Internal meeting with consultant has occurred and back to Council for final report now pushed out to September adoption when completed. because of meeting scheduling conflicts. Tax Policy Reassessing based on AMO government information released, staff following up with a municipalitity also facing internal OPP billing issues. Riverfront Festival Survey completed by committee members and volunteers, Forwarding survey to schools in fall for I feedback to reassess a 2018 event.
CAO - Service Area Updates Page 108 of 238 Office of the Chief Administrative Officer — Police! Police Services Board Project Policy Implications Current Project OPP Working Group OPP group met in Toronto and had a lot of discussions on changes to the way the OPP communicates. Greater Napanee to be a test site. Also discussions on costing formula changes and the OPP website took pIae. Police Services Board Police Services Board looking at developing a Community Crime prevention plan proactively to prepare for mandatory requirements being considered by the Province. OPP applied for funding. If grant not approved, local municipalities may be asked to share in the cost. June meeting postposend twice because of quorum issues. Attempting to schedule fall meetings.
Office of the Chief Administrative Officer — Communications Project Policy Implications Current Project Internal/External A 1 year communication position should be filled Communications shortly.
Strategic Plan release, special events, greaternapanee.live and website will be first four major projects to be focused on.
Position may be asked to assist with media communications at the joint Business Awards event in the fall.
Office of the Chief Administrative Officer — Community Develonment Advisory Committee Project Policy Implications Current Project Developing workplan CDAC will begin meeting in September. Focus will be on identified workplan items and the strategic plan objectives.
Office of the Chief Administrative Officer — Community Develooment Committee - TransCanada Project Policy Implications Current Project
ations . Reviewed batch of applications in July Communications Letters sent to applicants Approvals No new approvals granted Changes to Community Existing priorities are expected to continue until Priorities end of 2018.
CAO - Service Area Updates Page 109 of 238 Town of Greater Napanee
PLANNING REPORT 127 MILLIGAN LANE TOWN OF GREATER NAPANEE ZONING BY-LAW AMENDMENT (PLZACO 2017 025)
PLANNING REPORT AUGUST 2017
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 110 of 238 IBI GROUP Planning Report Zoning By-law Amendment 127 Milligan Lane Town of Greater Napanee TABLE OF CONTENTS
1.0 INTRODUCTION AND PURPOSE ...... 1
2.0 SITE OVERVIEW & CONTEXT ...... 1 2.1 LOCATION ...... 1 2.2 EXISTING DEVELOPMENT ...... 2 2.3 SURROUNDING USES ...... 2
3.0 DEVELOPMENT CONCEPT ...... 3
4.0 PROVINCIAL POLICY STATEMENT, OFFICIAL PLAN, ZONING BY-LAW AND SITE PLAN CONTROL ...... 4 4.1 Provincial Policy Statement (PPS) ...... 5 4.2 County of Lennox and Addington Official Plan (OP) ...... 5 4.3 Town of Greater Napanee Official Plan (OP)...... 6 4.4 Zoning By-law ...... 8
5.0 MUNICIPAL, PROVINCIAL, AND AGENCY COMMENTS ...... 11
6.0 PUBLIC COMMENTS & PUBLIC MEETING ...... 12
7.0 SUMMARY AND CONCLUSION ...... 12
8.0 RECOMMENDATION AND CONDITIONS ...... 13
APPENDICES
Appendix 1 – Zoning By-law Amendment
IBI Project No. 111260 AUGUST 2017 Page i
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 111 of 238
1.0 INTRODUCTION AND PURPOSE
A rezoning application (PLZACO 2017 025) was received from McCully Cabinets Ltd. to amend Zoning By-law 02-22 for a parcel of land located at 127 Milligan Lane within the Napanee Industrial Park. The subject lands are the site of McCully Cabinets, a custom cabinetry business which includes a showroom/office for the retail sale of cabinets as well as on-site cabinet making, largely limited to the assembly of pre-fabricated goods. The applicant is proposing an addition to the existing building. In consulting with the Town with respect to the proposed addition, the applicant was advised the existing use is non-conforming. The proposal is to amend the zoning to recognize the existing cabinet making use.
The site is designated Industrial in the Town of Greater Napanee Official Plan and is zoned Business Park (BP) in Zoning By-law 02-22. The BP Zone permits a wide variety of uses. The subject property would be rezoned to a site-specific Business Park (BP-7) Zone to recognize the existing use and allow its expansion.
2.0 SITE OVERVIEW & CONTEXT
2.1 LOCATION
The property is located at 127 Milligan Lane within the Napanee Industrial Park. The lands are legally described as Part of Park Lot 12, and Parts 1 and 2 on 29R5374, in the Town of Greater Napanee (see key map).
Figure 1: Subject lands
IBI Project No. 111260 AUGUST 2017 Page 1
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 112 of 238
2.2 EXISTING DEVELOPMENT
The subject property has an area of just over 0.2 hectares and 26 metres of frontage on Milligan Lane. There is an existing building on the property with a footprint of approximately 250 m2 (Figure 2). McCully Cabinets, a cabinet making business, occupies the existing building. The use includes a showroom/office for the retail sale of cabinets as well as on-site cabinet making. We understand that the cabinet making process consists of receiving sheet goods, the cutting of panels to custom lengths and sizes. There is no processing of raw material or treatment of finishes other than painting/staining occurring on-site.
It is understood that some of the activities, specifically air emissions from painting, occurring on-site require registration with the Environmental Activity and Sector Registry (EASR). The EASR is a new form of regulation operated by the Ministry of the Environment and Climate Change (MOECC) and is intended to regulate low risk activities. Registration by McCully’s occurred in March 2017. It is understood the activities are within the allowable limits and the approval number assigned by the Ministry is R-010-7110105506.
Figure 2: Aerial view of a portion of the subject lands.
2.3 SURROUNDING USES
The subject site is located within the industrial area east of Centre Street. North of the site are a mix of business park uses along Richmond Boulevard. Immediately to the north is D & D Electrocraft, an industrial electrical and electronic parts supply company. East of the site is a vacant lot zoned Business Park, while expanding beyond is a large area of vacant land designated and zoned Light Industrial (M1). To the south is a mix of business park uses as well. Immediately south is Factory Finish, an aftermarket truck and car repair business with
IBI Project No. 111260 AUGUST 2017 Page 2
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 113 of 238
an accessory dwelling unit fronting onto Milligan Lane as well as the Napanee Beer Company, a mircrobrewery. West of the site is the greatest mix of uses. Immediately to the west is Napanee Truck Service. The next lot accomodates a small plaza with a mix of business park uses which includes a daycare. The corner lot is zoned Community Facility and is home to the Lennox & Addington Resources for Children Facility. Moving further west across Advance Avenue are Drain All and Continental Conveyor, two general industrial uses (M2).
3.0 DEVELOPMENT CONCEPT
The applicant is proposing an approximately 170 m2 addition to the existing building to permit the expansion of McCully Cabinets (Figure 3 and Figure 4). In consulting with the Town with respect to the proposed addition, the applicant was advised the existing use occurring on-site is non-conforming.
The proposed 170 m2 addition is intended to be used for storage purposes, a holding area for cabinets that have been ordered, prepared for installation and waiting to be delivered. The operations within the existing building will be unchanged.
The BP Zone permits a wide variety of uses but the assembly of cabinets (i.e. workshop) is not one of the uses permitted.
Figure 3: Existing Building
IBI Project No. 111260 AUGUST 2017 Page 3
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 114 of 238
Figure 4: Conceptual Site Plan
4.0 PROVINCIAL POLICY STATEMENT, OFFICIAL PLAN, ZONING BY-LAW AND SITE PLAN CONTROL
The applications were considered in light of the Provincial Policy Statement, County and Town Official Plans, and Zoning By-law.
IBI Project No. 111260 AUGUST 2017 Page 4
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 115 of 238
4.1 Provincial Policy Statement (PPS)
Section 3 of the Planning Act requires that municipal planning decisions be consistent with the Provincial Policy Statement (PPS). The PPS provides direction on matters of provincial interest related to land use planning and development.
The PPS encourages efficient, cost effective development and patterns of land use which stimulate economic growth and protect the environment and public health. It encourages redevelopment where this can be accommodated taking into account existing building stock or areas. It also encourages land use patterns that accommodate an appropriate range and mix of residential and commercial uses, and that development be directed outside areas of hazard such as flood prone lands. The PPS also ensures that there is a co-ordinated comprehensive approach to arriving at land use decisions and that development is consistent with current and planned municipal services.
The proposed development is consistent with the intent of the PPS as it:
Supports the adaptive reuse of an existing building (1.1.3.3); Maintains the employment use of the building and lands (1.3.1); Is located within the urban area and already on municipal services (1.1.3.2 & 1.6.3); Provides an appropriate transition between residential uses to the north and east and commercial and industrial uses to the west (1.2.6); Not anticipated to negatively impact public health and safety (3.0); and Contributes to the economic well-being of the municipality (1.1.1).
In general, the requested Official Plan and Zoning By-law amendments are consistent with the intent of the Provincial Policy Statement.
4.2 County of Lennox and Addington Official Plan (OP)
The subject lands are located within the Urban Area designation of the Official Plan (Figure 4). Urban Areas are settlement areas that have both water and wastewater services such as the Town of Greater Napanee. “Urban Areas are intended to be the focus of growth and their vitality and regeneration shall be promoted” (B1). The Plan encourages “commercial development that will provide a full range of goods and services, at appropriate locations, to meet the needs of the County’s residents, employees and businesses” (C1.1.2). These objectives are reflected in the Town’s Official Plan and as such are discussed below in Section 4.3 of this Report.
IBI Project No. 111260 AUGUST 2017 Page 5
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 116 of 238
Subject Site
Figure 4: Excerpt from Schedule A in the County of Lennox & Addington Official Plan
4.3 Town of Greater Napanee Official Plan (OP)
The subject lands are designated Industrial in the Town of Greater Napanee Official Plan (Figure 5).
Subject Site
Figure 5: Excerpt from Schedule C in the Town of Greater Napanee OP
IBI Project No. 111260 AUGUST 2017 Page 6
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 117 of 238
As per Section 4.6.3.3., “industrially designated lands south of Highway 401 and east of Centre Street shall permit Business Park and general industrial uses”. Business Park Industrial uses are defined in the Official Plan as uses that are “substantially enclosed in buildings, exhibit high performance standards, and whose operations result in little impact with respect to heat, smoke, noise, vibration, dust, odours, and traffic.” The Plan identifies that such uses include warehousing and distribution as well as light manufacturing and assembly from previously prepared materials, among other uses.
McCully Cabinets has operated on the subject site for seven years. McCully Cabinets is a custom cabinetry business which includes a showroom/office for the retail sale of cabinets as well as on-site cabinet making. It is understood that the on-site cabinet making component is generally the assembly of goods manufactured off-site. The use is located within an enclosed building and limited impacts from noise and dust are anticipated as demonstrated by their existing operation and low risk EASR approvals. The use is permitted within the existing designation.
The policies for industrial uses are outlined in Section 4.6.3.4. The relevant policies are outlined below:
b) industrial uses should comply with the Ministry of Environment guidelines respecting compatibility between industrial facilities and sensitive land uses.
Comment: The MOECC D-6 Guidelines speak to compatibility between industrial facilities and sensitive land uses. The Guidelines establish a potential influence area of 70 metres for Class I industrial uses in the absence of “specific substantiating information which identifies an actual influence area” and a minimum separation distance of 20 metres.
McCully’s has been operating on the site for the past 7 years as a non-conforming use. The use is wholly contained within the existing building. There are however sensitive land uses within 70 metres of the property. Namely two child care facilities to the west of the subject property. The minimum separation distance from property line to property line is approximately 30 metres.
The subject cabinet making use has the potential to generate adverse effects with respect to airborne emissions from the paint booth and noise. For low risk activities such as these, MOECC requires them to be registered on the Environmental Activity and Sector Registry (EASR). In correspondence with MOECC, it is understood that McCully Cabinets complies with the requirements of the EASR. It is understood that an Acoustic Assessment and an Emission Summary and Dispersion Modelling (EDSM) Report was required to obtain this approval.
Given the use has been operating on the site for seven years without generating concerns with respect to land use compatibility, given the testing completed in order to obtain MOECC approval, and given the requirement to continue to adhere to MOECC requirements through the EASR, we are of the opinion, the separation distance between the proposed use and sensitive land uses is appropriate and the uses can continue to operate in a compatible manner.
c) industrial development is to be serviced by a piped water supply and a sanitary sewage collection system
Comment: The subject site is located on municipal services.
IBI Project No. 111260 AUGUST 2017 Page 7
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 118 of 238
e) new industrial development or the redevelopment of existing industrial sites in close proximity to sensitive uses should be restricted to light industrial uses and related activities…to provide for a degree of compatibility between the sensitive uses and industrial uses.
Comment: Sensitive land uses have been identified in close proximity to the subject property. The proposed use is a light industrial Class I use, meaning the use is contained within the building and there is a low probability of fugitive emissions. As discussed above in relation to subsection b, we are of the opinion the proposed uses are compatible.
g) no industrial use shall be permitted which, from its nature of operation or materials uses therein is declared to be noxious under the provisions of the Health Promotion and Protection Act or regulations thereunder.
Comment: A noxious use is not proposed as part of the subject application.
h) adequate off-street parking and loading facilities shall be provided, inclusive of parking for visitors and employees. Ingress and egress points to such areas shall be limited in number and designed in a manner which will minimize the danger to both vehicular and pedestrian traffic.
Comment: Adequate parking and loading facilities are provided. No changes to the existing entrance are proposed.
Section 5.2.1 of the Official Plan speaks to Buffering and Conflicting uses. The proposed light industrial use is within close proximity to sensitive lands uses. As per Section 5.2.1.b and c., “sensitive receptors shall be sufficiently buffered from an incompatible land use whether existing or proposed” and “the MOECC guidelines and procedures respecting land use compatibility and separation distances will be used as a guide in the evaluation and approval of development proposals”. The subject use is contained within the existing building and there is an existing building located between the subject use and the sensitive land uses. As discussed above, the site has approval from MOECC and testing has been completed that demonstrates that airborne emissions and noise are not in exceedance of acceptable levels. Further MOECC profiles the activities occurring on-site as low risk. McCully Cabinets is required to continue to comply with the requirements of MOECC.
Based on the operation of the use on the site for the past seven years and considering the necessary MOE approvals in place, we are of the opinion the uses are compatible and suitable and that the requested Zoning By-law Amendment (ZBA) to permit these uses is appropriate.
4.4 Zoning By-law
The lands are zoned Business Park (BP) Zone in the Town of Greater Napanee Zoning By- law No. 02-22 (Figure 6).
IBI Project No. 111260 AUGUST 2017 Page 8
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 119 of 238
Figure 6: Excerpt from Schedule 10 to By-law No. 02-22
The Business Park Zone permits a wide array of commercial and service-related uses including:
• Animal shelter; • Mini storage warehouse; • Assembly hall; • Motor vehicle repair garage; • Athletic, fitness or health club; • Motor vehicle dealership; • Bakery; • Motor vehicle sales used; • Bingo hall; • Motor vehicle wash; • Brewery sales outlet; • Municipal, maintenance depot; • Brewing/winemaking establishment; • Parking Lot; • Bowling alley; • Printing establishment; • Business, professional or admin office; • Public use in accordance with the General • Commercial school; Provisions of the By-law; • Convenience store; • Recreational vehicle sales and service; • Courier establishment; • Research and development facility; • Data processing and related services; • Retail establishment < 500m2; • Eating establishment and drive through • Retail or wholesale outlet accessory to a eating establishment; permitted use; • Financial office or institution; • Service shop personal; • Fire hall, police station, ambulance depot; • Service shop merchandise; • Garden nursery and supply; • Taxi establishment; • Laboratory and research facility; • Towing office and garage; • Licensed establishment • Veterinary clinic; • Warehouse.
McCully Cabinets, a custom cabinetry business which includes a showroom/office for the retail dslr of cabinets as well as on-site cabinet making. The cabinet making process consists of
IBI Project No. 111260 AUGUST 2017 Page 9
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 120 of 238
receiving sheet goods, the cutting of panels to custom lengths and sizes. There is no processing of raw material or treatment of finishes other than painting occurring on-site. The existing use is not permitted in the BP Zone.
In terms of compatibility of the use, the potential for adverse effects is limited to air emissions and noise. The proposed use has operated on-site for a period of seven years as a non- conforming use. MOECC recently introduced new Provincial requirements to regulate low risk activities. Noise and air emissions testing were required for McCully’s in order to receive the necessary EASR approvals. Based on the findings of the testing, the operations comply with the limits established by MOECC. Any changes to operations will be required to continue to comply with MOECC requirements.
Given the low risk nature of the activities, the testing conducted to receive MOECC approvals, the ongoing requirement to comply with MOECC limits, and given the demonstrated compatibility of the use over the past seven years, we are of the opinion, the use is appropriate.
The by-law defines a workshop as, “a building or part of a building where fabrication or manufacturing is performed by tradesmen requiring manual or mechanical skills and may include a carpenter’s shop, an upholsterer’s shop, a locksmith’s shop, a gunsmith’s shop, a machine shop, a tinsmith’s shop, a commercial welder’s shop, or other similar uses and activities.” A more specific definition is proposed that more accurately describes the use occurring on-site as follows:
Custom Cabinet Making Facility means a building or part of a building where the assembly of cabinets from pre-fabricated materials is performed, which may include the cutting of panels to custom lengths and sizes and painting, staining or finishing, but shall not include the processing of raw materials. The use may include an accessory office and accessory showroom for the retail sale of cabinets and related retail goods.
With respect to the other provisions of the by-law, the existing lot is undersized with respect to lot frontage.
The existing building complies with the general provisions of the by-law and the provisions of the BP zone (Figure 7). Any future development will be required to comply with requirements of the by-law. This proposal will be subject to Site Plan Control as the usability of the site is being increased by the proposed change in use as per Section 41 of the Planning Act.
IBI Project No. 111260 AUGUST 2017 Page 10
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 121 of 238
Figure 7: Concept Plan showing parking, and loading spaces.
5.0 MUNICIPAL, PROVINCIAL, AND AGENCY COMMENTS
Ministry of the Environment and Climate Change (MOECC)
No formal comments received. Verbal correspondence to discuss existing and ongoing required MOECC approvals.
Other Commenting Bodies
IBI Project No. 111260 AUGUST 2017 Page 11
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 122 of 238
At the time of writing this Report, no comments have been received from any other departments or agencies.
6.0 PUBLIC COMMENTS & PUBLIC MEETING
A public meeting was held on July 18, 2017. It is understood no comments were made at the public meeting. At the time of writing this Report, no comments have been received from the public. Council should consider the merits of any written or verbal submissions received up to and including at the Council meeting.
7.0 SUMMARY AND CONCLUSION
A rezoning application (PLZACO 2017 025) was received from McCully Cabinets Ltd. to amend Zoning By-law 02-22 for a parcel of land located at 127 Milligan Lane within the Napanee Industrial Park. The subject lands are the site of McCully Cabinets, a custom cabinetry business which includes a showroom/office for the retail sale of cabinets as well as on-site cabinet making, largely limited to the assembly of pre-fabricated goods. The applicant is proposing an addition to the existing building. In consulting with the Town with respect to the proposed addition, the applicant was advised the existing use is non-conforming. The proposal is to amend the zoning to recognize the existing cabinet making use.
The site is designated Industrial in the Town of Greater Napanee Official Plan and is zoned Business Park (BP) in Zoning By-law 02-22. The BP Zone permits a wide variety of uses. The subject property would be rezoned to a site-specific Business Park (BP-7) Zone to recognize the existing use.
The PPS encourages efficient, cost effective development and patterns of land use which stimulate economic growth and protect the environment and public health. It encourages redevelopment where this can be accommodated taking into account existing building stock or area. It also encourages land use patterns that accommodate an appropriate range and mix of uses and that development is directed outside areas of hazard such as flood prone lands. The proposed development is consistent with the intent of the PPS as it proposes to make use of an existing serviced building within the urban boundary and maintains employment uses.
The subject lands are designated Industrial in the Town of Greater Napanee Official Plan. McCully Cabinets has operated on the subject site for seven years, and it is understood that the on-site cabinet making component is generally the assembly of goods manufactured off- site. The use is located within an enclosed building and limited impacts from noise and dust are anticipated as demonstrated by their existing operation. The use is permitted within the existing designation. Given the use has been operating on the site for seven years without generating concerns with respect to land use compatibility and given the testing completing in order to obtain MOECC approval, we are of the opinion, the separation distance between the proposed use and sensitive land uses is appropriate and the uses can continue to operate in a compatible manner.
In terms of compatibility of the use, the potential for adverse effects is limited to air emissions and noise. The proposed use has operated on-site for a period of seven years as a non- conforming use. MOECC recently introduced new Provincial requirements to regulate low risk activities. Noise and air emissions testing were required for McCully’s in order to receive the necessary EASR approvals. Based on the findings of the testing, the operations comply with
IBI Project No. 111260 AUGUST 2017 Page 12
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 123 of 238
the limits established by MOECC. Any changes to operations will be required to continue to comply with MOECC requirements.
Given the low risk nature of the activities, the testing conducted to receive MOECC approvals, the ongoing requirement to comply with MOECC limits, and given the demonstrated compatibility of the use over the past seven years, we are of the opinion, the use is appropriate.
The zoning amendment would create a site-specific Business Park (BP-7) Zone to permit the existing non-conforming use. No additional site-specific areas of relief are requested as part of the rezoning. Future development will be required to comply with the provisions of the zoning by-law.
8.0 RECOMMENDATION AND CONDITIONS
Subject to the conditions below, it is recommended that the Zoning By-law Amendment attached hereto as Appendix 1 be approved subject to the following conditions:
1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting;
2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed.
Sincerely, IBI Group
Mark Touw, MICP, RPP Nancy Cornish, MPl, BComm Associate Planner
IBI Project No. 111260 AUGUST 2017 Page 13
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 124 of 238
APPENDIX 1
ZONING BY-LAW AMENDMENT
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 125 of 238
BY-LAW NO.___
BEING A ZONING BY-LAW AMENDMENT
TO BY-LAW NO. 02-22
127 Milligan Lane Part of Park Lot 12, Parts 1 and 2 on 29R5374 Town of Greater Napanee
Prepared by:
IBI GROUP
650 Dalton Avenue Kingston, Ontario K7M 8N7
Project No.111260
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 126 of 238
TOWN OF GREATER NAPANEE
BY-LAW NUMBER ______
BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 02-22
WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to amend Zoning By-law 02-22 to rezone certain lands to recognize an existing non-conforming cabinet- making use.
AND WHEREAS it is necessary to amend By-law 02-22 by placing the subject lands within an appropriate site-specific Business Park (BP-7) Zone;
AND WHEREAS it is necessary to revisit the range of uses to be permitted on the site;
NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:
1. THAT Schedule 10 of By-law 02-22 is hereby amended by changing to BP-7 the zone symbol of the lands shown as “Zone Change to BP-7” on Schedule ‘A’ attached hereto and forming part of this by-law;
2. THAT, Section 5.26.6 Exception Provisions – Business Park Zone is hereby amended by the addition of the following new subsection following 5.26.6.6:
5.26.6.7 Business Park Exception Seven (BP-7) Zone 127 Milligan Lane; Part of Park Lot 12, Town of Greater Napanee
Within the BP-7 Zone the following provisions apply:
a) Uses Permitted
The uses permitted include: Uses permitted in the Business Park (BP Zone) Custom cabinet making facility
b) Definitions
Custom Cabinet Making Facility means a building or part of a building where the assembly of cabinets from pre-fabricated materials is performed, which may include the cutting of panels to custom lengths and sizes and painting, staining or finishing, but shall not include the processing of raw materials. The use may include an accessory office and accessory showroom for the retail sale of cabinets and related retail goods.
3. This By-law shall come into force and take effect on its date of passing, subject to: the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.P.13, as amended, in the event a notice of appeal of this by-law is filed in accordance with subsection 34(19) of the Act; and
Read a first time this _____day of______, 2017
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 127 of 238
Read a second time and passed this ______day of ______2017
Gordon Schermerhorn (Mayor)
______Susan Beckel (Clerk)
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 128 of 238
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 129 of 238
Town of Greater Napanee
520 COUNTY ROAD 8 PART OF LOTS 18 AND 19, CONCESSION 6 GEOGRAPHIC TOWNSHIP OF NORTH FREDERICKSBURGH TOWN OF GREATER NAPANEE ZONING BY-LAW AMENDMENT (PLZACO 2017 028)
PLANNING REPORT AUGUST 2017
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 130 of 238 IBI GROUP Planning Report Zoning By-law Amendment 520 County Road 8 Town of Greater Napanee
TABLE OF CONTENTS
1.0 INTRODUCTION ...... 1
2.0 SITE OVERVIEW & CONTEXT ...... 1 2.1 LOCATION ...... 1 2.2 EXISTING DEVELOPMENT ...... 2 2.3 SURROUNDING USES ...... 2
3.0 DEVELOPMENT CONCEPT ...... 2
4.0 PROVINCIAL POLICY STATEMENT, OFFICIAL PLAN, AND ZONING BY- LAW ...... 4 4.1 Provincial Policy Statement (PPS) ...... 4 4.2 Lennox and Addington Official Plan (OP) ...... 4 4.3 Town of Greater Napanee Official Plan (OP)...... 5 4.4 Zoning By-law ...... 6
5.0 MUNICIPAL, PROVINCIAL, AND AGENCY COMMENTS ...... 7
6.0 PUBLIC COMMENTS & PUBLIC MEETING ...... 7
7.0 SUMMARY AND CONCLUSION ...... 8
8.0 RECOMMENDATIONS AND CONDITIONS ...... 9
IBI Project No.111360 August 2017 Page i
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 131 of 238 IBI GROUP Planning Report Zoning By-law Amendment 520 County Road 8 Town of Greater Napanee
1.0 INTRODUCTION
A rezoning application (PLZACO 2017 028) was received from Scherdale Enterprises Ltd. to amend Zoning By-law 02-22 for a 0.68 ha area of land to be severed from the subject property located at 520 County Road 8. The subject lands are largely vacant apart from two buildings which formerly accommodated a driving range use. The applicant is proposing to sever a 0.68 ha parcel of land from the subject property in order to add the lands to an abutting 0.4 ha parcel previously severed from the subject property through an application for lot addition (PLCON 2017 027). The parcel previously severed accommodates a mini storage warehouse use. The lot addition is proposed to enable the expansion of the existing mini storage warehouse use. Rezoning of the severed lot is required to place the lands in the same zoning as the parcel to receive the lot addition to permit the proposed expansion of the use.
The parcel to be severed is designated Environmentally Sensitive Area and Rural in the Town of Greater Napanee Official Plan and is zoned Environmental Protection (EP) and site-specific Rural (RU-14) in Zoning By-law 02-22. The site-specific zoning permits a number of rural uses including a golf driving range but mini storage warehouses are not permitted. The parcel to be severed would be rezoned a site-specific Rural Industrial (M3-7) Zone to be consistent with the parcel to which the lands are being added and to permit the expansion of the mini storage warehouse use.
2.0 SITE OVERVIEW & CONTEXT
2.1 LOCATION
The property is located at 520 County Road 8. The lands are legally described as Part of Lots 18 and 19, Concession 6, Geographic Township of North Fredericksburgh, in the Town of Greater Napanee (see key map).
Figure 1: Subject lands
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 132 of 238
2.2 EXISTING DEVELOPMENT
The subject property has an area of just over 12 hectares and split frontage of 125 metres and 180 metres on County Road 8. The split frontage is the result of a previous severance from the property. The subject lands are largely vacant apart from two builidngs which formerly accomodated a driving range use (Figure 2)
Figure 2: Aerial view of a portion of the subject lands.
2.3 SURROUNDING USES
Development along County Road 8 is generally rural residential. North of the site are rural residential development an undeveloped lands. South of the site are undeveloped and agricultural lands as well as rural residential uses. East of the site are rural residential uses, undeveloped lands, and the CNR mainline. To the west of the site are agricultural fields and undeveloped lands.
3.0 DEVELOPMENT CONCEPT
The applicant is proposing to sever a 0.68 ha parcel of land from the subject property through severance application (lot addition) PLCON 2017 027 in order to add the lands to the abutting 0.4 ha parcel previously severed from the subject property (Figure 3). The parcel previously severed accommodates a mini storage warehouse use. The lot addition is proposed to enable the expansion of the existing mini storage warehouse use. Rezoning of the severed lot is required to place the lands in the same zoning as the parcel to receive the lot addition to
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 133 of 238
permit the proposed expansion of the use. At this time, a detailed development concept is not available. Any future development will be required to comply with the provisions of the site-specific zone and will be subject to site plan control.
Figure 3: Severance Sketch
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 134 of 238
4.0 PROVINCIAL POLICY STATEMENT, OFFICIAL PLAN, AND ZONING BY-LAW
The applications were considered in light of the Provincial Policy Statement, County and Town Official Plans, and the Town’s Zoning By-law. 4.1 Provincial Policy Statement (PPS)
Section 3 of the Planning Act requires that municipal planning decisions be consistent with the Provincial Policy Statement (PPS). The PPS provides direction on matters of provincial interest related to land use planning and development.
The PPS encourages efficient, cost effective development and patterns of land use which stimulate economic growth and protect the environment and public health. The PPS also ensures a co-ordinated comprehensive approach to arriving at land use decisions and that development is consistent with current and planned municipal services.
The proposed development is consistent with the intent of the PPS as:
Is compatible with adjacent uses; Is compatible with the rural landscape; It does not affect agricultural lands; It can be sustained by rural service levels; It contributes to the rural economy; Is outside areas of natural hazard; and Not anticipated to negatively impact public health and safety.
In general, the requested Zoning By-law Amendment is consistent with the intent of the PPS.
4.2 Lennox and Addington Official Plan (OP)
The site is designated an ‘Urban Area’ in the County Official Plan. The Urban Areas in the County are settlement areas that have both water and wastewater services. Although this portion of County Road 8 is located within the urban area, municipal services do not extend this far along County Road 8. A full range of uses are permitted within Urban Areas in accordance with local Official Plan policies and land use designations (C1.3). These objectives are reflected in the Town’s Official Plan and as such are discussed below in Section 4.3 of this Report.
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 135 of 238
4.3 Town of Greater Napanee Official Plan (OP)
Subject Lands
Figure 4: Schedule C – Land Use Plan
The lands to be severed are primarily designated ‘Rural’ on Schedule C of the Town of Greater Napanee Official Plan (Figure 4). The lands to be severed are to be added to an abutting parcel in order to expand the existing mini storage use, a quasi-industrial use.
As per Section 4.4.1.1, the primary use of rural lands shall be for agricultural, conservation, forestry and public and private recreation. However other permitted uses include small scale commercial and quasi-industrial uses servicing and directly related to the rural economy. Further as per Section 4.4.1.7, rural commercial and industrial uses shall be located such that “the surrounding rural landscape and scenic views are retained” and “commercial viability of hamlets is promoted”. These uses should also “consume small amounts of water” (4.4.1.7.a.)
The mini storage use previously underwent an expansion and as part of the expansion was severed from the subject property. At that time, it was determined that although the use is permitted in the Rural designation, from a policy perspective the expansion required an Official Plan Amendment given the scale of the development and that it would likely serve both urban and rural residents. An Official Plan Amendment was also required because Section 4.4.1.7.b specifies a minimum lot area of 0.8 ha for new lots created through consent for commercial and industrial uses in the rural area. Hence the parcel to receive the lot addition, is designated rural site-specific policy area one which recognizes the mini warehouse storage use, prohibits a dwelling unit, and establishes a minimum lot area of 0.4 ha.
The subject application proposes to expand the use again. As per Section 9.19 of the Official Plan, “it is intended that the boundaries of the land use designations shown on the Schedules to this Plan be considered as approximate” and that “amendments to this Plan will not be required in order to make minor adaptations to the approximate land use boundaries or the location of roads, provided that the overall intent of this Plan is preserved”. In light of this, we are of the opinion that an Official Plan Amendment is not required to formally expand the site specific policy area to the lands to being added to the existing policy area to permit the mini
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 136 of 238
storage use. The proposed adaptation to the boundary is minor and the intent of the plan is preserved in that: the nature of the use does not require municipal services and is more appropriately located on rural lands; the expanded use will still be compatible with adjoining uses and the rural landscape; and the expansion responds to economic needs without creating significant adverse impacts. Further the minimum lot area of the parcel will be enlarged beyond the minimum required lot area of 0.8 ha which was one of the areas addressed by the site-specific policy area.
The proposed expansion is not anticipated to result in any adverse impacts. It is anticipated that three new storage buildings, the same size as the four existing buildings, can be accommodated as a result of the lot addition and associated rezoning. Given the nature of the use (i.e. long term storage), the addition of three new buildings is not anticipated to increase activity levels or noise on-site such that there are significant negative offsite impacts. The site is buffered from neighbouring rural residential uses by County Road 8 and will continue to be surrounded by lands which formerly accommodated a driving range. The site is located on County Road 8 and no changes to the existing entrance are proposed. The County did not express concerns about the subject application. Any new development will be subject to Site Plan Control. Site Plan Control will be used to address concerns about lighting and safety.
There is a watercourse on the subject property. These lands are designated ‘Environmentally Sensitive”. A portion of the lands to be severed are designated ‘Environmentally Sensitive’. There is a building envelope located outside of the lands designated ‘Environmentally Sensitive’. Future development will be required to be developed in accordance with the policies outlined in Section 4.2.
Based on our review of the applicable policies, the proposed expansion of the use is suitable for the subject site and the requested Zoning By-law Amendment to permit the use is appropriate and conforms to the policies of the Official Plan. 4.4 Zoning By-law
The subject lands are currently zoned Rural Site-Specific Exception 14 (RU-14) and Environmental Protection (EP) in Zoning By-law 02-22 (Figure 5).
Subject Site
Figure 5: Town of Greater Napanee Zoning By-law 02-22 – Schedule 13.
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 137 of 238
Within the RU-14 Zone, the uses permitted include: a single detached dwelling, home occupation or industry, group home, conservation and forestry use, golf driving range, nursery farm, park and public use. A mini storage facility is not a permitted use.
The lands to receive the lot addition are zoned Rural Industrial Exception 7 (M3-7). This site- specific zone permits mini warehouse storage units, a public or private park, an office accessory to a permitted non-residential use specified herein and a public use in accordance with the general provisions of this by-law.
The zoning by-law amendment will rezone the severed parcel to the Rural Industrial Exception 7 (M3-7) zone to be consistent with the benefitting lot and to permit the mini storage use. The zoning for the retained lands will be unchanged. As discussed above in relation to the OP, the proposed expansion is not anticipated to result in any adverse impacts and is compatible with existing development.
The site-specific M3-7 zone has a minimum lot area of 0.4 ha. The addition of 0.6 ha of land to the existing 0.4 ha parcel will not affect compliance with this provision.
The M3-7 zone has minimum yards of 10 metres. Future development will be required to meet the minimum yard requirements or to seek relief.
A portion of the lot to be severed is zoned Environmental Protection. The Environmental Protection Zone will be unaffected by the proposed rezoning. Any future development will be required to comply with the 30 metre setback.
5.0 MUNICIPAL, PROVINCIAL, AND AGENCY COMMENTS
Quinte Conservation Staff recommend that the watercourse and the corresponding 30 metres on either side of the watercourse remain designated as Environmental Protection (EP). Staff note that there are opportunities to develop the lot to be severed and the retained lot outside of the required 30 metres setback from the watercourse. Staff have no objection to the approvals of the application.
Other Commenting Bodies
At the time of writing this Report, no comments have been received from any other departments or agencies.
6.0 PUBLIC COMMENTS & PUBLIC MEETING
A public meeting was held on July 18th, 2017.
A letter was received July 4, 2017 from Shirley Lloyd-Hawley & George Hawley. With respect to land use planning, the letter expressed concerns about traffic, lighting, and safety of the existing and proposed operations.
A second letter was received July 19, 2017 from Shirley Lloyd-Hawley & George Hawley. The letter again expressing concerns about traffic, lighting, and safety of the existing and proposed operations.
These concerns are addressed in Section 4.3 of this Report and it is noted that the site will be subject to Site Plan Control, which is a tool that can be used to address some of the concerns.
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 138 of 238
Council should consider and decide on the merits of written and verbal submissions received up to and including the Council meeting.
7.0 SUMMARY AND CONCLUSION
A rezoning application (PLZACO 2017 028) was received from Scherdale Enterprises Ltd. to amend Zoning By-law 02-22 for a 0.68 ha parcel of land to be severed from the subject property located at 520 County Road 8. The applicant is proposing to sever a 0.68 ha parcel of land from the subject property in order to add the lands to an abutting 0.4 ha parcel previously severed from the subject property (PLCON 2017 027). The lot addition is proposed to enable the expansion of the existing mini storage warehouse use on the benefitting lot. Rezoning of the severed lot is required to place the lands in the same zoning as the parcel to receive the lot addition to permit the proposed expansion of the use.
The proposed development is consistent with the intent of the PPS as it promotes rural economic growth, can be sustained by rural service levels and does not negatively impact agricultural lands.
The subject lands are to be added to a site-specific rural policy area which recognizes the mini warehouse storage use (in that it serves both rural and urban residents) and reduced lot area. The lands are designated Rural. In our professional opinion, an Official Plan Amendment is not required to expand the site specific policy area to the lands to be added to the existing policy area in light of the policies contained in Section 9.19 of the Official Plan which relate to adjustments to boundaries. The proposed adaptation to the boundary is minor and the intent of the plan is preserved in that: the nature of the use does not require municipal services and is more appropriately located on rural lands; the expanded use will still be compatible with adjoining uses and the rural landscape; and the expansion responds to economic needs without creating significant adverse impacts. Further the minimum lot area of the parcel will be enlarged beyond the minimum required lot area of 0.8 ha which was one of the areas addressed by the site-specific policy area.
The proposed expansion is not anticipated to result in any adverse impacts. It is anticipated that three new storage buildings, the same size as the four existing buildings, can be accommodated as a result of the lot addition and associated rezoning. The addition of three new buildings is not anticipated to significantly increase activity levels or noise on-site given the nature of the use (i.e. long term storage). The site is buffered from neighbouring rural residential uses by County Road 8 and will continue to be surrounded by the lands which formerly accommodated a driving range. The site is located on County Road 8 and no changes to the existing entrance are proposed. The County did not express concerns about the subject application. Any new development will be subject to Site Plan Control. Site Plan Control will be used to address concerns about lighting and safety.
Rezoning the severed parcel to the Rural Industrial Exception 7 (M3-7) zone will permit the expansion of the mini storage use and regularize the zoning of the lot addition lands and the benefitting lot. Future development will be required to comply with the site-specific M3-7 Zone.
In summary, the application for Zoning By-law Amendment was reviewed in light of the existing policy environment and the existing development context. It is our professional opinion that the proposal is consistent with the intent of the PPS and conforms to the policies of the Official Plan, and that the proposed uses are compatible with existing uses in the area.
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 139 of 238
8.0 RECOMMENDATIONS AND CONDITIONS
That Council approve the Zoning By-law Amendment subject to the following conditions:
1. That Council consider and decide on the merits of written and verbal submissions received up to and including the Council meeting; and
2. That should new information be received, or further input received raise points for further consideration, this report and opinion herein be revisited as needed.
Respectfully submitted,
______
Mark Touw, MCIP, RPP Nancy Cornish, M.Pl., BComm Associate, Office Lead Planner
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 140 of 238
APPENDIX 1 ZONING BY-LAW AMENDMENT
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 141 of 238
BY-LAW NO.___ BEING A ZONING BY-LAW AMENDMENT TO BY-LAW NO. 02-22
520 County Road 8 Part of Lots 18 and 19, Concession 6 Geographic Township of North Fredericksburgh Town of Greater Napanee
Prepared by:
IBI GROUP
650 Dalton Avenue Kingston, Ontario K7M 8N7
Project No.111360
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 142 of 238
TOWN OF GREATER NAPANEE
EXPLANATORY NOTE
TO BY-LAW NUMBER ______
PURPOSE OF THE ZONING BY-LAW AMENDMENT
A rezoning application (PLZACO 2017 028) was received from Scherdale Enterprises Ltd. to amend Zoning By-law 02-22 for a 0.68 ha parcel of land to be severed from the subject property located at 520 County Road 8. The subject lands are largely vacant apart from two buildings which formerly accommodated a driving range use.
The parcel to be severed is designated Environmentally Sensitive Area and Rural in the Town of Greater Napanee Official Plan and is zoned Environmental Protection (EP) and site- specific Rural (RU-14) in Zoning By-law 02-22. The site-specific zoning permits a number of rural uses including a golf driving range but mini storage warehouses are not a permitted use. The parcel to be severed would be rezoned a site-specific Rural Industrial (M3-7) Zone to be consistent with the parcel to which the lands are being added and to permit the expansion of the mini storage warehouse use.
EFFECT OF THE BY-LAW REQUEST
The Zoning By-law Amendment will permit the expansion of the existing mini storage warehouse use on the adjacent property to which the 0.68 ha severed parcel is being added.
LOCATION OF PROPERTY
The property is located at 520 County Road 8. The lands are legally described as Part of Lots 18 and 19, Concession 6, Geographic Township of North Fredericksburgh, in the Town of Greater Napanee (see key map).
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 143 of 238
TOWN OF GREATER NAPANEE
BY-LAW NUMBER ______
BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 02-22
WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to amend Zoning By-law 02-22 to rezone certain lands to permit the expansion of a mini warehouse storage use;
AND WHEREAS the Council of the Corporation of the Town of Greater Napanee deems it advisable to amend Zoning By-law No. 02-22, as amended;
AND WHEREAS it is necessary to amend By-law 02-22 by placing the subject lands in the appropriate site-specific Rural Industrial Exception Seven (M3-7) Zone;
NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:
1. THAT Schedule 13 of By-law 02-22 is hereby amended by changing to “M3-7” the zone symbol of the lands shown as “Zone Change to M3-7” on Schedule ‘A’ attached hereto and forming part of this by-law;
2. THIS By-law shall come into force and take effect on its date of passing, subject to the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.P.13, as amended, in the event a notice of appeal of this by-law is filed in accordance with subsection 34(19) of the Act.
Read a first time this _____day of______, 2017
Read a second time and passed this ______day of ______2017
Gordon Schermerhorn (Mayor)
______Susan Beckel (Clerk)
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 144 of 238
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 145 of 238
Infrastructure Services (Planning) - Zoning Amendment PLZACO... Page 146 of 238 |IBI GROUP 650 Dalton Avenue Kingston ON K7M 8N7 Canada tel 613 531 4440 fax 613 531 7789 ibigroup.com
August 16, 2017
Mr. Gib Garrett Planning Clerk Town of Greater Napanee 45 Commercial Court Napanee, ON K7R 4A2
Dear Mr. Garrett:
REQUEST FOR VALIDATION PART LOT LETTER “A", CONCESSION 2, TOWNSHIP OF ADOLPHUSTOWN, COUNTY OF LENNOX & ADDINGTON IBI PROJECT NO: 112426
An application was received for the validation of title under Section 57 of the Planning Act for the above referenced lands. The location of the subject lands is shown on the attached Key Map.
The intent of Section 57 is to validate or correct a prior registered document that inadvertently breached the Planning Act and that thereby did not create an interest in the land.
History of Title The subject lands are legally described as Part of Lot Letter “A”, Concession II, Township of Adolphustown, County of Lennox and Addington as shown on the attached Plan of Survey prepared by Ranson and Watson Ontario Land Surveyors, dated December 4, 1964.
The owners, William and Gisela Krueger, are preparing the above mentioned property for sale. A search of title has revealed that this property did not convert to the Land Titles System as a result of a “Planning Act Contravention”. This application is to correct a title error, the result of which brings into question whether the current owner has proper legal title to the property. The title needs to be validated in order for the current owner to sell the property.
Discussion The parcel has an area of approximately 0.12 hectares (1,200 square metres) and a frontage along a private right-of-way otherwise known as Lenid Way Lane, of approximately 46 metres. The lands in question are designated ‘Shoreline Residential’ in the Official Plan and are zoned Shoreline Residential by Zoning By-law 02-22. The lands are to continue to be used for residential purposes.
The subject property was jointly owned by Hannes and Aino Ruuth at one time. Hannes Ruuth died June 20, 1969. The Estate was registered on title in April of 1970, making Aino Ruuth the sole owner. On November 30, 1971 the subject lands were purchased by William and Gisela Krueger from Aino Ruuth. At that time, the conveyance was registered without Planning Act consent, that is, there is uncertainty as to whether this complied with Section 50 of the Planning Act as it relates to subdivision control.
IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects
Infrastructure Services (Planning) - Request for Validation ... Page 147 of 238 IBI GROUP 2
It appears that the subject lands have been owned continuously by William and Gisela Krueger since they were purchased in 1971. The request to validate does not propose any changes to the existing buildings or structures, but only seeks to correct registration of title for an already publicly recognized and existing separate parcel of land. The application request is consistent with the intent of the Official Plan. The lot does not comply with the provisions of the zoning by-law, being that it is undersized, but is deemed to be legal non-complying. There is no proposed change in land use and there will be no adverse impact created as a result of this request.
Recommendation It is recommended this application for validation be approved and the attached validation by-law, (see Appendix A) and validation order (attached hereto) be adopted.
Yours truly,
IBI GROUP
Mark Touw, MCIP, RPP Lesley Mushet, M.Pl. Associate, Office Lead Planner
Infrastructure Services (Planning) - Request for Validation ... Page 148 of 238
Infrastructure Services (Planning) - Request for Validation ... Page 149 of 238
Infrastructure Services (Planning) - Request for Validation ... Page 150 of 238 G. GRAEME G. DEMPSTER, B.A., LL.B. Barrister, Solicitor & Notary Public 21 Market Square P.O. Box 310 Telephone: 613-354-2141 Napanee, ON Facsimile: 613-354-3171 K7R 3M4
BY HAND 13 July 2017 Clerk-Treasurer Town of Greater Napaflee 124 John Street RECEIVED JUL 1 3Z01? Napanee, Ontario K7R 3L4
Attention: Susan Beckel, Town Clerk
Dear Ms. Beckel:
Re: William and Gisela Krueger Title to part Lot”A”, concession 2, former Township of Adolphustown
Further to my call to you of July 11, 2017, I am enclosing the following:
1. Copy of my clients’ Deed registered November 30, 1971 as Instrument No. 63984;
2. Copy of a Plan of Survey dated December 4, 1964; my clients property is high lighted in yellow;
3. Copy of the Parcel Register for my clients’ property being PIN 45102-0295 and a copy of the PIN map for this area;
4. Copy of a Document General deposited as Instrument No. LA286154 prepared by John Grange.
My clients’ property was not converted from the Registry System to Land Titles due to the original owner, Aino Ruuth, failing to obtain severance approval; he retained ownership to adjoining land. My clients are anxious to have their title converted to Land Titles and they instructed me to see if I can obtain a Certificate of Validation as Mr. Grange did for another property in this area.
Please let me know what my clients need to do to obtain this type of Certificate. Yours very truly,
GGGD:gcp Ends.
Infrastructure Services (Planning) - Request for Validation ... Page 151 of 238 •1 T I’ I L’%E
ada (in dpiicat9) ta 17th dayd’ september, ii ii one thotsand nine hundnad nd evnty one, IN FUhS .NC2 G’ 11:1 s::T FOPLS 0? 00! ‘YtdCS CT
110 RJUTE, of the Township df&lphus town, in the County of Lennox. nn Aca— ir::cn, ‘idow,
hereinafter called the Gran OF THE FIRST PART,
WILLI?&Y KRUEh, of the Vi1iae of DOT— of Adoiphustown, ITI the County of Lennox an .ddin:ton. znd IS2L ULR, ius wife, of .J’e sane lace as joint tenants and not an tenants in common, ii Ii hereinafter called the )rantee OF THE SECOND PART.
.1HERES the Grantor and PlIINES IIASI ?U1JTh were the registered owners of the lands described herein as joint tenants.
the said AhNES 1U1’XRI died on or about 01 dUflO, l99. the 20th day JID P RfS the Consent of the Treasurer of Ontario of HNNE-S II.RI RUUTh in the estatE Telatifl: to the said lands was re4atered the Registry Office fcr the Registry in Ii Division of Lennox (No 29) on the lath day of April, 1970 as No. 56795. AhD ‘JEERS the Consent under estate the Estate an ct in the said relating to the said lands was registered Office on the 10th in the said Reitry day of •pri1, 1970 as No. 5e790. tjat in consideration of————————Two Thousand five Hun— dred 2,50U.00) Dollars of lawful noney of Canada now paid by the said Grantees to the said Grantor the rceit ihareof is hereby by her acknowiadEed the said Grantor Doth Grant to the said Grantees in fee simple, as joint tenants and rot as tenants in common, LL iIID 3IGULAE that cerbein parcel or tract of land and prenises situate, 1yin and being in the Toship of Ado1phusto in the County of Lennox and Addington and being composed of Pare f Iot Ltter “i” in Concansion TI of said Tanship, described as follows
PoI3IWG that the west limit o Lot % according to a Plan filea in hc Re.iry fie icr the said County as Number 5i,6 has an astrononic cearino 270 of N 55T and relating all bearings herein thereto;
Infrastructure Services (Planning) - Request for Validation ... Page 152 of 238 COhi_XCINQ where a survey post has bean planted in the
northeast corner of the herein described parcel and may be located as follows:
BEGINNING where a survey post has been planted in the
southwest corner of said Lot 4.4, Registered Plan Number 51:6:
THENC S 27° 55’ h along the west limit of said Plan Numbcr 54.6, a distance of 7.lC feet to a survey post plantdz THENCE S 6° 5’ W, 300,00 feet; THENC S 56’ W., 125.00 feet to the said point of commencement;
THENC 5 58° 56’, 150.00 feet to a survey post planted; THENCE S 13° 35’ E, 69,10 feet to a survey post planted; THENCE continuing S 13° 35’ E, a further distance of 31 feet, more or less, to the highwater mark of the Bay of Quinte;
THENCE easterly along the said highwater mark to its intersection
with a line drawn S 15° 12’ E from the point of commencement; THENCE N 15° 12’ W, 2 feet, more or less, to a survey post planted;
THENCE continuing N 15° 12’ W, a further distance of 77.40 feet to the said poInt of commencement;
I T0GL’THR with a right—of-way at all times in common with others entitled thereto over, along and upon the following described strip of land:
CONMENCING where a survey post has bean planted in the said west limit of Registered Plan Number 546 distant 53.88 feet measured S 270 55 S thereon from a survey post planted in the said southwest corner of Lot 4.4; THENCE S 68° 45’ , 200.00 feet to a survey post planted; THENCE continuing S 68° 4.5’ W, a further distance of 98.9 feet; THENC 3 58° 56’ ‘1, 1.01 feet to a survey post planted;
THENCE continuing S 58° 50’ W further distance of 275.Gu feec to a survey post planted; THENCE N 4.2° 02’ W, 25.00 feet to a survey post planted; 470 THENCE 3 58’ W, 20.00 feet to a survey post planted; THENCE S 27° 51’ 5, 71.70 feet to a survey post planted; THENCE N 76° 25’ 5, 20,00 feet to a survey post planted; THENCE N 13° 35’ W, 25.00 feet to a survey post planted;
Infrastructure Services (Planning) - Request for Validation ... Page 153 of 238 THENGi 58° 56* H, 275.00 feet to a survey post planted; THENCE N 680 43’ H, 200.00 feet to a survey post planted;
THENCE N 84° 47’ H, 107.d5 feet to a survey post planted in the said west limit of Registered Plan Thimber 546; THENCE N 28°15’ W along the said west limit of Registered Plan Number 546, a distance of 30.00 feet to a survey post planted; THENCE 27° 55’ i along the said west limit of degi3tered Plan Number 546, a distance of 33.22 feet to the point of coumecement;
M.D TOGETHER WITh a right—ofway at all times in common with others entitled thereto over, along and upon all of the private roads shown on said Registered Plan Number 546 and Registered Plan Number 497 filed in said Registry Office.
The parcel as herein described being shown outlined in red and the firstly described right—of-y being shown outlined in yellow, on a plan of survey dated December 4, 196%, prepared by Ransom and Watson, Ontario Land Surveyors, a duplicate of which plan is hereto attached.
Infrastructure Services (Planning) - Request for Validation ... Page 154 of 238 — -. C_c-s,.s_, ‘ j, / - - / J j of the /Towfi of Picton, in the County of C-L-’cY’ * Prince Edward, make oath and may: To Wit: ] (Occupation) 1. THAT I was personally present and hid see the within or atnexed Instrument and a duplicate thereof duly signed, sealed and executed by Aino Ruuth, one of the parties thereto. 2. THAT the said Instrument and duplicate were executed by the said party at the Town of ?icton in the County f Prince Edward. 3. THAT I know the said part y. 4. THAT I am a .ub.eribictg witness to the said Instrument and duplietsie.
SWOflN before me at the 1’ OWfl of Picton in thee County of Prince Edward, -
this day of September, ii 71.
A Csm.,i.,loeec tsr L.klse Affidsvit.., cc,.
of the
1 make oath and say: To Wit: .3 (Occupation) 1. THAT I was personally present and did see the within or annexed Instrument and a duplicate thereof duly signed, sealed and executed by of the parties thereto. 2. THAT the said Instrument and duplicate were executed by the said part at the of
3. THAT I know the said part 1, THAT I am a eubseribing witness to the said Instrument and duplicate.
SWORN before me t the in the’
this day of 19
A Coawiuloner 5c, tsa1n Alfldavlts. etc. cl C•’ 4.’ H t’ ‘H 0 ‘H ‘H 4.’ I— 0’O S cO —. C’ ZH ttICI)4.’Q -, .nci i rn * 0. - 0 0 9 C.stt1 (9 ‘H 00 i’s HO ci o,c. o H C’- Oz H L3 ‘H 0 0 a n’s ‘t -q Q r, - 0,0 9-5 H ID E” Sd’ ‘d .0 - H ci c,’a)4-’ .. H 0 ‘H 4.’ Hl- 1. 0. - H. H - 0 0 £ cj, 1—15-I 4.’ € Z ,nn 52 4.)4.’’H ‘
C
-t C
—
a’
3OVdS SIL D1iDDM0 AHLBI0R Od HSAM3SHH aP OA
Infrastructure Services (Planning) - Request for Validation ... Page 155 of 238 Infrastructure Services (Planning) -Request forValidation ...
RETRAcT IHDE (ABBREVIATED) FOR PROPERTY IDENTIFIER LANG PAGEOOFO V Ontario ServiceOntarlo REGISTRY PREPARED FOR GOempoter CFFICE 029 45102—8255 (5) ON 2016/13./07 AT 14;59;12
PROPERTY DESCRIPTION FT LT A CON 2 ADOLPHUSTOWHAS IN LAB39 84; GREATER HAPANEE
PROPERTY REMARKS
ESTATE/OUALI?155; RECENTLY; FIN CREATION DATE; FIRST CONVERSION FROM ROOK 2806/03127
CERT/ PRO. NUN. DATE INETRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
•. INCLUDES A 000W4ENT TYPES AR; DELETED INSTRUMS AS SINCE; 20 ff1724
DATE or ERfLIEST REGIS NYlON LOADED; 1970 03/10
LAS679S 1970/04/10 CERT S SOC CU ACT C
LA63984 1971/01/35 TRANSFER $2,500 KRUEGER, WILLIAM C KRUEGER GISELA A. RE?ARES SKETCI/ ATTAcHED.
LA67028 1972/07/04 CERT S EDO DO ACT f
IDtV /I Page 156 of238 -t -t ,t 24-;_ / /‘ — i/-s 4ft/
NOTE; ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES. IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE; ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBEROF PANES AND THAT YOU NAVE PICKED THEM ALL UP. Infrastructure Services (Planning) -Request forValidation ...
______‘roSters
ED ‘ --a- \ ServiceOntarlo PRINTEDON23 FEB.2017 AT16:52:43 A FORT SCALE / C 0 30 ‘S
PROPERTY INDEX MAP LENNOXtN0.29)
% LEGEND FREEHOLDPROPERTY C LEASEHOLDPROPERTY LiMITEDINTERESTPROPERTY CONDOMINIUMPROPERTY RETIREDPIN(MAPUPDATEPENOINGI PROPERTYNUMBER 0449 BLOCKNUMBER 080 0 GEOGRAPHICFAREIC EASEMENT
THIS IS NOT A PLAN OF SURVEY
NOTES
REVIEW THE ESTEERECORDS FOR COMPLETE PROPERTY INFORMATION AS THIS MAP MAY NOT REFLECT RECENT REGISTRATIONS
THIS MAPWAS COMPILEDFROMPLANTAND DOCUF4ENTSRECORDED(N THE LAND EBGSTRATIONSYSTEMAND HASBEDS PREPARED FORPROPERTYINDEXINGPURPOSTSONLY
FOE DIMENSIONSOF PROPERTIESROUNDARIESEkE RECORDEDPlANS ANDDOCUMENTS
ONLYMAIDSEASEMENTSARE SHOWN
Page 157 of238 REFEYENCEPLANSLNDRSIYINOMQRLHXTECD EEFEANNCEPLANSASS NOTILWSThATTD . t Ontario -25 © Queen5 Printer for OntarIo, 2017 6
46
COVE
COVE
PERCH
ON
1’
I!
ADDING
TOWN
I
and SURVEY
LETTER
a.
1=100
S/ON
OF
LOT
A1WLPHUS
LENNOX
Scole:
of
of
of PLAN
CONCES
PART
TWP
COUNTY
0
oWt
of
Surv8yar5
On/or/a
Land
-‘----
v/Re
0f
OntorI
1964.
NINa
, 4,
WATSON
-.
5Yr6et
B
a/ad
December
BAy
Front
Certified
RANSOM
341 Oofa
Infrastructure Services (Planning) - Request for Validation ... Page 158 of 238 OoPmssSoflwire N ni Document General (41e)22-8111 Ontedo File #2489 0 (1) R.letsy Land 1W.i Q2) Page 1 of 4 pages t3rj’r(.) Block Pioperty 45702 - 0294 n.e Sdedete Q) 2 is,. (4(NatutaofOocurn.nt -J uJ g., CERTIFICATE OF VALIDATION - SECTION 57 OF THE PLANNING ACT crJ
— Cl) )5) Constderation
N/A DofleisS (I) D.scdpttoii PART LOT LETTERED A, CONCESSION 2, ADOLPIHJSTOWN AS IN — 1A68622N0W TOWN OF GREATER NAPANEE, COUNTY OF LENNOX 1aLU AND ADDINGTON,
BEING ALL Of THE PIN.
New Pfopetty Identifier. AodeonsI Sai 5d*d
Execudons (7) ThIs (a)Redenctptlon (1,) Schedule for Md400at: Document New Easement Addtiloet Gonteifle: PlanlSketch fl• onscoption D Parties fl Other LJ
(5) ThIs DocumeM provides as foltows: SEE BY-LAW NUMBER 2015.0047 WITH ATTACHED CERTIFICATE OF VALIDATION OF THE CLERK Of THE COMMITTEE OF ADJUSTMENT FOR THE TOWN OF GREATER NAPANEE ATTACHED HERETO.
Continued on Schedule (thls Docum•nt estates to Instrument number(s) LA68622 ) (10) Party(les) (Set out Statue or Interest) Name(s) Slgrrattne(a) Date of Signature V M U
GREATER NAPANEE .. -
(11) P.O. BOX 97, NAPANEE, ONTARIO K7R3IA (12) Party(l..) (Sal out Status or Interest) Name(s) SIgnature(s) Date of Signature
J.LINEN, KERTTU ...... 1/C1 7 2015 / by her POA- LAHJA KAARINA STEWART o7
, dO KAARJNA STEWART, 7 RICHARDSON LANE, MADOC, ONTARIO 1(0K 21(0 (14) Uwrklpat Address of Property (15) Docu.nt Prepared by: Fees and Ta John M. Grange (d. 24 LEN WAY 13$ John Street NAPANEE, ONTARIO Box 26 K7R 31(7 Napenee, Ontrtu. YF55ti05e K7R3IA C Total
Infrastructure Services (Planning) - Request for Validation ... Page 159 of 238 SCHEDULE “A” TO TOWN OF GREATER NAPANEE BY-LAW NO. 2015-0047
CERTIFICATE OF VALIDATION
THE PLANNING ACT
ORDER OF THE COUNCIL FOR THE CORPORATION OF THE TOWN OF GREATER NAPANEE MADE UNDER SECTION 57 OF THE PLANNING ACT, R.S.O.1990, c.P.13, AS AMENDED
ORDER A contravention at section 50 of the Planning Act, or a predecessor thereof, law passed or of a by under a predecessor of said section 50 or of an order made under 27(l)(b), as clause It read on the 25th day of June, 1970, beIng Chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, does not have and shall be deemed never to have had the effect of preventing the conveyance of, or creation of any interest in the parcel of land described as follows:
Part Lot Lettered A. Concession 2, Adolphustown, Greater Napanee as shown on the attached Schedule ‘A’ to this by-law on a Plan of Survey prepared by Ranson and Watson, Ontario Land Surveyors and dated December 4, 1964.
LL Susan Beckel, tlerk
Dated at the Town of Greater Napanee on this 16th day of August, 2015. I
Infrastructure Services (Planning) - Request for Validation ... Page 160 of 238 t THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NUMBER 2015-0047
BEING A BY-LAW UNDER SECTION 57 OF THE PLANNING ACT (VALIDATION)
WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to validate title for a parcel described as Part Lot Lettered A, Concession 2, Adoiphustown, Greater Napanee: AND WHEREAS the use of the subject lands Is consistent with the intent of the Official Plan and Zoning By-law:
AND WHEREAS it is necessary to validate the title of the lands as requested; NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows:
1. THAT Council hereby makes an Order under Section 57 of the Planning Act in respect to the lands described therein and being Schedule and forming the by-law. part of
2. THAT this By-law shall come into force and take effect on its date of passing hereof.
18rn Read a first time this day of August, 2015.
Read a second time and passed this 18” day of August, 2015.
Gordon Schermarhom, Mayor
.1 L.LL Susan Beckel. llerk
3
Infrastructure Services (Planning) - Request for Validation ... Page 161 of 238 -4 0 -4
0 z 0
C)
>c mm
U,> I
I IISnIn. urn —
R
I
L.3
‘A
SCHEDULE
14,
WY
Infrastructure Services (Planning) - Request for Validation ... Page 162 of 238 |IBI GROUP 650 Dalton Avenue Kingston ON K7M 8N7 Canada tel 613 531 4440 fax 613 531 7789 ibigroup.com
August 16, 2017
Mr. Gib Garrett Planning Clerk Town of Greater Napanee 45 Commercial Court Napanee, ON K7R 4A2
Dear Mr. Garrett:
REQUEST FOR VALIDATION 19 LENID WAY LANE (PART OF LOT LETTER A, CONCESSION II, ADOLPHUSTOWN, COUNTY OF LENNOX & ADDINGTON) IBI PROJECT NO: 112208
An application was received for the validation of title under Section 57 of the Planning Act for the above referenced lands. The location of the subject lands is shown on the attached Key Map.
The intent of Section 57 is to validate or correct a prior registered document that inadvertently breached the Planning Act and that thereby did not create an interest in the land.
History of Title The subject lands are municipally recognized as 19 Lenid Way Lane, being a waterfront parcel off Bass Cover Road. The lands are legally described as Part of Lot Letter “A”, Concession II, Township of Adolphustown, County of Lennox and Addington as shown on the attached Plan of Survey prepared by Ranson and Watson Ontario Land Surveyors, dated December 4, 1964.
The owners, Helmut and Ruth Hotzwik are preparing the above mentioned property for sale. A search of title has revealed that this property did not convert to the Land Titles System as a result of a “Planning Act Contravention”. This application is to correct a title error, the result of which brings into question whether the current owner has proper legal title to the property. The title needs to be validated in order for the current owner to sell the property.
Discussion The parcel has an area of approximately 0.17 hectares (1,687 square metres) and frontage along a private right-of-way, known as Lenid Way Lane, of approximately 36 metres. The lands in question are designated ‘Shoreline Residential’ in the Official Plan and are zoned Shoreline Residential by Zoning By-law 02-22. The lands are to continue to be used for residential purposes.
The subject property was jointly owned by Hannes and Aino Ruuth at one time. Hannes Ruuth died June 20, 1969. The Estate was registered on title in April of 1970, making Aino Ruuth the sole owner. On June 14, 1971 the subject lands were purchased by Paul and Armi Lajunen from Aino Ruuth. Then on August 8, 1979, the subject lands were purchased by Esa and Eira Kalli from Paul and Armi Lajunen. Finally, on June 17, 1983 the severed portion of the subject lands were purchased by Helmut and Ruth Hotzwik from Esa and Eira Kalli.
Infrastructure Services (Planning) - Request for Validation ... Page 163 of 238 IBI GROUP 2
At the time of the initial “offending” transaction, that is the transfer from Aino Ruuth to Paul and Armi Lajunen, the conveyance was registered without Planning Act consent, that is, there is uncertainty as to whether this complied with Section 50 of the Planning Act as it relates to subdivision control. It is unclear why the Planning Act matter was not identified and remedied at the time of an earlier purchase.
It appears that the subject lands have been owned continuously by Helmut and Ruth Hotzwick since they were purchased in 1983. The request to validate does not propose any changes to the existing buildings or structures, but only seeks to correct registration of title for an already publicly recognized and existing separate parcel of land. The application request is consistent with the intent of the Official Plan. The lot does not comply with the provisions of the zoning by-law, being that it is undersized, but is understood to be legal non-complying. There is no proposed change in land use and it is not anticipated that there will be any adverse impact created as a result of this request.
Recommendation It is recommended that this application for validation be approved and the attached validation by- law (see Appendix A) and validation order (attached hereto) be adopted.
Yours truly,
IBI GROUP
Mark Touw, MCIP, RPP Lesley Mushet, M.Pl. Associate, Office Lead Planner
Infrastructure Services (Planning) - Request for Validation ... Page 164 of 238
Infrastructure Services (Planning) - Request for Validation ... Page 165 of 238
Infrastructure Services (Planning) - Request for Validation ... Page 166 of 238 JUL 07 2077 ?L.VALCd iO1 O3’
CANADA IN THE MA TTER Of THE TITLE Province of Ontario to Pt Lt A Con 2 Adolphustown as in LA12$354; Greater Napanee, and known municipally as 19 Lenid Way Lane, R. R. #1 Bath, Ontario (“the Lands”)
We, Helmut Kurt Hotzwik and Ruth Hotzwik, of the Town of Picton, in the Municipality of the County of Prince Edward
SOLEMNLY DECLARE that:
1. We are the absolute owners of the Lands and either personally or by our tenants have been in the actual, peaceable, continuous, exclusive, open, undisturbed and undisputed possession and occupation ofthe Lands and the house and other buildings used in connection therewith since we obtained title to the Lands by way of Instrument No. LA12$354 on June 17, 1983, attached to this Declaration as Exhibit “A”..
2. We confirm we have been in sole possession of the Lands since our purchase of same in 1983. We acquired and occupied same continuously since 1983 with the intention of excluding any other person from ownership and/or possession. Attached to this Declaration as Exhibit “B” is a copy of our Parcel Register.
3. Since we took possession of the Lands in 1983 we have continuously enjoyed the use of the right of way as described in our Deed, without any objection or interference from any person.
4. To the best of our knowledge, there is no encumbrance or easement affecting the Lands except as the records of the Land Registry Office disclose.
5. We have no knowledge of any claim or interest by any person or corporation in the Lands which is adverse to or inconsistent with our title other than the problem under the Planning Act which we are hereby trying to remedy.
6. Our possession and occupation of the Lands has been undisturbed throughout by any legal proceedings of any nature or adverse possession or otherwise. During our ownership, we have not made any payment or acknowledgement of title to any person or corporation in respect to any right, title, interest or claim upon the Lands and we have no knowledge of any other person or corporation having made any such payment or acknowledgement.
7. The deeds, evidences of title and other papers which have been produced by us are all the documents relating to the title to the Lands that are in our possession or power and to the best of our knowledge and belief, these documents, together with this declaration and the records of the Land Titles Office, fully and fairly disclose all facts material to the title claimed by us and all contracts and dealings which affect our title to the Lands.
8. To the best of our knowledge and belief there is no dispute as to the boundaries of the Lands.
Infrastructure Services (Planning) - Request for Validation ... Page 167 of 238 9. The owners of the lands to the West of our parcel are Francis Raymond Robidoux and Michelle Paulette Robidoux. Attached to this Declartion as Exhibt ‘C” is a copy of their Parcel Registerr.
10. The owners of the lands to the East of our parcel are Martti Suvilaakso and Sirkka Suvilaakso. Attached to this Declaration as Exhibit “D” is a copy of their Parcel Register.
And we make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.
SWORN by the above-named declarants ) A / 1 before me at the Town of Picton, in the ) C, Municipality of the County of Prince Edward ) Heliut Kurt Hotz ik 4th this day of July, 2017 ) J — ) Ruth Hotzwik
Commissioner For’ aking Affidavits
Infrastructure Services (Planning) - Request for Validation ... Page 168 of 238 thtci rnfrntnr June, 6th day of made in duplicate the and eighty—three. one thousand nine hundred nrm uf QInitui,uncru .rt fn ursuatu uI tr Ljnrt
3&tkuccu Tcnship of KALIl, Esquire, of the ESà fl’EIO and 1ddington, and in the County of Lennox 1do1phustn’au, of the sane place, HENA KMU, his suse, EIPA as Tenants in Qimon, Joint Tenants and not
hereinafter called the “Grantor” OF THE FIRST PART
and and P171’S HCJ]ZWIK, KURT HCIrZWIK, Esquire, HEL1T York, in the bath of the Borough of isxuse, Torcaito, as Joint Tenants Municipality of lttopIItan V
V CatmDn, and not as Tenants in V V hereinafter called the “Grantee” OF THE SECOND PART V V
¶fliOGSAND— that in consideration of —‘1VENTY—FOUR ttncetIj V - V —lX1LLA — ($24,000.00) V is hereby by him acknowl the said Grantor, the receipt whereof now paid by the said Grantee to in fee simple GRANT unto the said Grantee edged, he the said Grantor 00TH as Tenants in Qxnon, Joint Tenants and not namely, V as the following municipality, lands and premises located in THOSE Zddington, in the County of lermox and in the Township of Molphustown,
attached descrilted in Schedule “A” and being csadk itore particularly
1ith11 A L Ffm.dtoji, 1: 1 the affidavit J1di ttF1j k kI1h /K
Infrastructure Services (Planning) - Request for Validation ... Page 169 of 238 /. . / SCHEDULE “A” / ALL AND SINGULAR that certain oarcel or tract of land and premises / situate, lying and being in the Township of Adophustown in the of Lot :‘ f’ County of Lennox and Addington and being composed of Part as Letter “A” in Concession II of the said Township, described follows: PREMISING that the west limit of Lot 44 according as to a Plan filed in the Registry Office for the said County and relating Number 546 has an astronomic bearing of N 27° 55’ W all bearings herein; thereto; COMMENCING where a survey post has been planted may in the south—east corner of the herein described parcel and be located as follows: BEGINNING where a survey post has been planted in the south-west corner of said Lot 44, Registered Plan Number 546; THENCE, S 27° 55’ E along the west limit of said Plan Number 546, a distance of 53.88 feet to a survey post planted; THENCE, S 68° 45’ W, 200.00 feet to the said point of conmienceinent; THENCE, S 68° 45’ W, 98 98 feet, planted : THENCE,- S 58° 56’ W,l.0l feet to a survey post THENCE, N 27° 55’ W, 122.00 feet to a survey post
- planted; - -. - THENCE, continuing.N 27° 55’ W, a further distance of -40 feet,-more or less, to the hiqhwater mark of the Bay of Quinte THENCE, northeasterly along the said watermark to 270 its intersection with a line drawn N 55 W from the said point of commencement THENCE, S 27° 55’ E, 30 feet, more or less, to a survey post planted
-- - - distance - -, THENCE, continuing S 27° 55’ E, a further
of 241.60 feet to the said point of commencement; - : at all times in common - - - - TOGETHER WITH a right-of-way with others entitled thereto over, along and upon the following
- described strip of land; has been planted in • •• COMMENCING where a survey oost 53.88 the said west limit of Ragistered Plan Nuiber 546distant in feet measured S 270 55’ E thereon from a survey post planted
the said south-west corner of Lot 44; - to a survey post THENCE, S 68° 45’ w, 200.00 feet olanted; THENCE, continuing S 68° 45’ W, a further distance
- of 98.98 feet; - 5$0 THENCE, 5 56’ W, 1.01 feet to a survey post ;Dlanted
Infrastructure Services (Planning) - Request for Validation ... Page 170 of 238 I
—2—
580 N, a further ãistance THENCE, continuing s 56’ post planted; 275.00 feet to a survey of a survey post / feet to THENCE, N 42° 02’ N, 25.00 t - planted; feet to. a survey post THENCE, S 47° 58’ N, 20. 00
planted;
post
feet to a survey THENCE, S 27° 51’ E, 71.70
planted; feet to a survey post THENCE, N 760 25’ E, 20.00
planted; feet to a survey post THENCE, N 13° 35’ N, 25.00
planted; feet to a survey post THENCE, N 58° 56’ E, 275.00
planted; post feet to a survey • THENCE, N 68° 45’ E, 200.00 planted, feet to a survey post THENCE, N 84° 47E, 107.85 • Number 546; limit of Registered Plan planted in the said west west limit of N 28° 15’ U along the said V THENCE,
V to a survey a distance of 30.00 feet Registered Plan Number 546, post planted; said west limit of THENCE, N 27° 55’ W along the feet to the point of 33.22 Plan Number 546, distance
Registered V
V of corrimencement; V V V V all Vfimes Ifl VV WITH a right-of way at V AND TOGETHER all of thereto over, along and upon others entitled V V V common with V Plan Number 546 and on said Registered the Private Roaãs shown said Registry Office. V filed in Registered Plan Number 47 described being shown outlined V The parcel as herein outlined right—of way being shown V and the firstly described in red preoar’ed dated December 4, 1964, yellow, on a plan of survey in of Land Surveyors, a duplicate by Ransom and Watson, Ontario
which plan is hereto attached.
Infrastructure Services (Planning) - Request for Validation ... Page 171 of 238 GIb,rt. LimI”d O,ed. wfthrni SprnI Co.nt CIn, Fn,mili
TO HAVE AND TO HOLD unto the said Grantee, his heirs, executors, administrators and assigns or its successors and assigns, as the case may be, to and for their sole and only use forever. as Joint Tenants and not as Tenants in Orrron
SUBJECT NEVERTHELESS to the reservations, limitations, provisoes and conditions expressed in the original grant thereof from the Crown. //
The said Grantor COVENANTS with the said Grantee that he has the right to convey the said lands to the said Grantee notwithstanding any act of the said Grantor.
AND that the said Grantee shall have quiet possession of the said lands free from all encumbrances.
AND the said Grantor COVENANTS with the said Grantee that he will execute such further assurances of the said lands as may be requisite.
AND the said Grantor COVENANTS with the said Grantee that he has done no act to encumber the said lands.
AND the said Grantor RELEASES to the said Grantee ALL his claims upon the said lands.
ND the said Grantor hereby rrants that the said property is not and has never 1e.en insulated with Urea bna2ebyde Insulation.
PROVIDED that In construing these presents the words “Grantor” and “Grantee” and the pronouns “he”, “his” or “him” relating thereto and used therewith shall be read and construed as “Grantor” or “Grantors”, “Grantee” or “Grantees”, and “he”. “she”, “it” or “they”, “hia”, “her”, “its” or “their”, or “him”, “her”, “it” or “them”. respectwety, as the number and gender of the party or parties referred to in each case require, and the number of the verb agreeing therewith hatl he construed as agreeing with the said word or pronoun so substituted.
IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals.
tnrb, akZi au? Uuerrb IN THE PRESENCE OF LL%7 a 6ESA tEI KAILI
SK-é&. EZRA .EINA KALII
Infrastructure Services (Planning) - Request for Validation ... Page 172 of 238 Fr i,.. L.nd TiLt.. A .nd RI,try At .rn.. 1152 Mf?iumt - 1jI1atrninj rt
IN THE MATTER OF THE PLANNING ACT (as amended)
AND IN THE MA11ER OF THE TiTLE TO Part of lot latter “A”, ODnoession 2, 1nship of Pdo1phustown,tmty of larmox and Mdington
DE D..d.Mortgaj.. OF A• AND fl THE MATTER VV Dt.b..g.ot EIR HEIA KALLI nt*f. THEREOF, FROM NTh2O KhLIJ and
ro HELMIJ KURT HQZWIK and IUII1 HOrThqIK V -
DATED JUNE 6, - ;983
x ESA NTE IlLI and EIPA i1Et IUJ
of the wnship of Moirthustown, in the thy of Lennox .and ddington
MAKE OATH AND SAY AS FOLLOWS: V
V V I. koc Weare
the ntors named in the above mentioned Instrument, and have V knowledge of the matters hereinafter sworn.
rpect 2. A consent under section 29 of the Planning Act, as amended, in of the said V Instrument is not required because V
() - f a) the person conveying or otherwise draling with lend in the said Instrument does not •ppIInNe or or a to grant, retain the fee the equity of redemption in, power or right assign or
exercise a power appointment respect to any land of with abutting thc land that is ciizg conveyed or otherzcise dealt with.
fb)
If.ny
V SWORN before me
at the City of ‘itronto
in the Regional Municipality of btroolitan rto this . • -i4 7& (k- - day of 19 83 EIPA HEEA I.LLI
Infrastructure Services (Planning) - Request for Validation ... Page 173 of 238 ______
P.g.3
AFFIDAVIT OF SUBSCRIBING WITNESS ,pAfzi1e A I,
of the city of Toronto of ZtZ0po1i1 Toronto In the Regional MLU’IiCiPalitY make oath and say: * Wan present and anw it executed witness to the attached Instrument and I .s_ fa.tao(. I am a subscribing by ESà 2Th1O K7ILI and EIE IET1 KMLI at Toronto, itariO
the same name referred person whose signature I witnessed Is the party of •s toatnM. I verily believe that each to in the Instrument.
before me at the city of Toronto, in the SWORN /:Q Regional Municipality of ltropo1itafl Torco this f day of June, 1983 I
a I. P. MALLY, at 0,1 ri in Pt,tcr RAIses. Q.G. €spfleS neeemger 1. 0011., read Mat .eakjng 6*, ,nerk or o foreIgn thorador. odd rnwø’t hod beat to 1. snablo read 10. ia.tren.eat or where a partp ego, 65 WOeru a ports to iorOrI “(now. atler001) a, atlo,noi for (ow.. of sortp)”; end for oe to aod.rrtoad Cr. wre oooot.d odor a power of ott,reOO of and h. .pp.ornd folig ow. aalhortoat to eaoeaCl *0. to.lra.aont a. otternat for (now.)”. cioa.. oob.titoto “1 aoog 6.21.,. 1*02 1*. pereo* what. ..gooforo I .o€iw..d
AFFiDAVIT AS TO AGE AND SPOUSAL STATUS ESlA YALLI I XX f WE ESA NTEI) YALLI and EI?A ot the ¶IMflzIUp of Mo1phuSt1fl Toronto lathe Regional Municipality of htrOpDlitafl
WE executed the attached instrument, (severallY) make oath and say: When C / .o.fnotoot. V
V WE WERE EACU at leant eighteen yeara’old;
and within the meaning of clause f(f) of the Family Law Reform Act, /
•V
V (a)
V V
V Strik. oat V V
- V VV•VV tn.pplioobl. b) V V V V C
(c) We were spouses of one another Inont (d) We x..ere not non-residents of Canada pursuant to Section 116 of the V Tax 1tt of Canada, as annded. howe. ow.. — featnot.
5.nl,t.nt al C..0.1a. dO, (SEVERALLY) SWORN before me at the city of Toronto, in the Regional Municipality ESA KilJ of l’tropo1itafl To to this f °°Iayof , 19 83 ‘II cRai EIPAHEI.EIiA KZtUiL
a cow.I•.’O N a marco .,,IQAVITS,•TC. .hoLl 1001 *0. portS w.e .1 t,a.t .2phtoen pea’. of .go at Ike too, of tVk.ro oiidoai and. 612 a.. ottoro,12. 10. ottornev. dog.... (a) .,od 1002 0. °Note .10*0. .0 0 0p0000 02 1*. 11,00 of conootton of 10. lo,t,aaeo*; (p) ozatatCe,O of a,rr of aLtern.p; tO) n4 to 100 party. aM On. aol Otis ra.,okod. power of at 1. ,n JoU fore. and nfoef ‘oat Roferrn Art. If .poa.. ioa. oat join *0 or ,on.roi. .110w Co.oe’t atPI,n02(000 or •0 Not.: S.. ,jaoou u(s) (6) 2.) nod (d) of COO IronIC Lw. plot, • o.par020 offidoat.
Infrastructure Services (Planning) - Request for Validation ... Page 174 of 238 REGISTRATION ______
TAA A. I —- LAND TRANSFER Reterleaillnstruct,aasen Herf JAFFIDAVIT OF RESiDENCE AND OF VALUE OF THE CONSIDERATION brief description of land) AATTER OF THE CONVEYANCE OF (Insert Järt of Lot Lettcr..,..W.?pfl County of Lennox and Addinton in full) 4•.- EIN1LKXJ.J
feraes in full) lI.3WI ZWIK (see Instruction I and print names of all tts 0 RU.Tfl. O.TZWK full) I, (see Instruction 2 and print name(s) in mCHAE.W.. ..CARTY, OATH AND SAY THAT: MAKE the deponent(s)): (see square opposite That one of the following paragraphs that describes the capacity of 1. I am )place a clear mark within the land conveyed In the above-described conveyance is being conveyed; D(a)APrsofl In trust for whom the conveyance to wham the land Is being conveyed; g (b) A trustee named In the above.descrtbed conveyance; Q Cc) A transferee named In the above-described this transaction for HELMIJT . .KUET. .liOTZWtK..and.. (d) The authorized agent or solicitor acting in RUTa.HOTZ.WIK above; (strike out references to Inapplicable paragraphs) described In paragraph(s) (Ix (box (c) Manager, Secretary. Director, or Treasurer authorized to act for . . D (a) The President. Vice-President, out to inappllcabte paragraphs) described In paragraph(s) (a). (b). (c) above: (strike references above, as applicable) and am making this D (1) A transferee described In paragraph ( ) (Insafl only one ofpatsgraph(a),(b) or(c,I affidavit on my own behalf and on behalf of (I “eaei,i,pa,a. (Insert one of paragraph (a), (b) or (C) above, as applicable) who l my spouse described In paragraph ( ‘. ); only and as uchI have personal knowledge of the facts herein deposed to. - and “non-resident person” set out respectively in clauses 1C1XI) 2. I have read and considered the definitions of “non-resident corporation”
and(g)oftheAct.(seelnslructiofl3) V conveyance is being conveyed are non-resident 3. The following persons to whom orin thiatforwhom the iandconveyed inthe above-described 4) . NONE . persons 3wIthin the meaning ot the Act. (see Instruction ,
AS V 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED FOLLOWS: • (a) Monlespoldortobopaidtncash $ .Z4.LKL0...Ofl.. V and interest to be credited . ‘. . (show principal (b) Mortgages (I) Assumed ‘1 against purchase price) $ W1 til) Given back to vendor $ (c) Property transferred in exchange (detail below) $ to the value of (detail below) $ (d) Securities transferred V AtLSLANXS fe) Liens, legacies, annuities and maintenance charges to which transfer ru-lao ee. is subject $ NJ Nil 54555T ‘NiL (t) Other valuable consideration subject to land transfer tax (datailbelow) $ fg) VALUE OF LAND, BUiLDING, FIXTURES AND GOODWILL . SUBJECTTOLANDTRANSFERTAX(toialof(a)to(ffl $ 24aa00 DQ $ 2400O.OO personal property (Ii) VALUE OF ALL CHATTELS — Items of tangible
- ‘- N , (fl.tIll5ai.aTaal,p.yabi.anC,.alu.Ol.ilc.h.tlelaufll.J...mpt.th.%.NvI.lDfl.eJ . . $ -. th. “R.taUSalu ThxAcl”, RiO. ,a,C.4M, a,.m.ns’GS $ Nil (I) Other consideration for transaction not included in fg) or (h). above $ (j) TOTAL CONSIDERATION and transferee and state purpose of conveyance. (see InstructIon 5) S If consideratIon is nominal, describe relationship between transferOr N/A encumbrance? /A 8. if the consideration is nominal, lathe land subject to any 7. Other remarks and explanations, it necessary
SWORN before meat the City of Kingston Intlie County of Frontenac
.... a. . this 1 day of MAItIE (lg,alc,’)J . taking Altidavtta. Front,nao County, for Cunningham. miss oner for taking If idavits, etc. swan, catty, Utije I BOnhvn. Banister. I Solicitors. aapIr FriaSy7di 1. V PROPERTY INFORMATION RECORD A. Describe nature at instrument 8. (1) Address of property being conveyed (II available)
, QnxiP (ii) Assessment Roti N (II available) .QZO.. 2ZQ.Q. . O0.0.0 Assessment Act tot property being conveyed (see InstructIon 6) C. Mailing address(es) for future Notices of Assessment under the 19R.LoCksIey.Ave...... Torontx...OntarLo..M6B3N7
0. (I) Registration number tar last conveyance of property being conveyed fIt available) ... No... .1.1557-0 Known (ii) Legal description of property conveyed: Same as in D.(i) above. YesJ NoEi Not C E. Name(s) and addresa(es) of each transferee’s
solicitor - .George. .S’aa 11’v For Land Registry Ottice use only 365-’Bay.. .401 REGISTRATION NO
Tarontn Onta,o , .. .. , , j... i. ,, ,
. - .15H.. 2V1 NO. ‘ LAND REGISTRY, OFFICE . . ‘V’•’
‘. ..: . -, DATE ‘
Infrastructure Services (Planning) - Request for Validation ... Page 175 of 238 CHKD
CERT/
C
C
C
C
C
11:58:21
AT
PBmelaOl
1
FOR
TO
OF
DATE:
1
2017/05/18
PROPERTY.
PREPARED PAGE
ON
PARTIES
THIS
CREATION
FOR
PIN
2006/03/27
KURT
HELENA
ANTERO
PAUL
ARNI
HELMUT RUTH
ESA EIRA
REPRESENTED
LAJUNEN, LAJUNEN,
KALLI, KALLI, HOTZWIK,
HOTZWIK,
DESCRIPTION
IDENTIFIER
WITH
UP.
\
PROPERTY
ANY,
ALL
CR)
/
/
IF
FOR
THEN
PICKED
45102—0299/
FROM
(ABBREVIATED) HAVE
INCONSISTENCIES,
YOU
PARTIES
INDEX
THAT **
AND
DESCRIPTIVE
ABSTRACT
NA?ANEE
PAGES
BOOK
OF
2006/03/24
GREATER
ASCERTAIN
FROM
TO
#29
NUMBER
SINCE
$2
LA228354; TOTAL
LAND REGISTRY
OFFCCE
CONVERSION
IN
$2,000
THE
$24,000
INVESTIGATED
AS
INSTRUMENT
RECENTLY:
FIRST
AMOUNT
BE
STATES
4/10
DELETED
SHOULD
AND
ADOLPHSTCWN
PRINTOUT
ACT
ACT
1970/
2
TYPE
DO
DU
TYPES
YOUR CON
PROPERTIES
A
SUC
SUC
LOADED:
R
R
THAT
ST
ServiceOntarlo
INSTRUMENT
PT
DOCUMENT
CERT ATTACHED.
TRANSFER
CERT ATTACHED.
TRANSFER TRANSFER
ATION
ADJOINING ENSURE
AL
SKETC
SKETC
REGIST
NOTE: NOTE:
DATE
INCLUDES
1970/04/10
1971/07/08
1972/07/04 1980/07/08
1983/06/17
ARES:
Ontario ARES: .
DESCRIPTION:
REMARKS:
RE
RE
EA4IEST
NUN.
OF
frk
PRINTOU
REG. *
DATE LA56795
LA61818 LA67028
LA115570
PROPERTY LA128354
PROPERTY
ESTATE/qUALIFIER:
Infrastructure Services (Planning) - Request for Validation ... Page 176 of 238 Infrastructure Services (Planning) -Request forValidation ...
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER
LAND PACE 1 OF 2 Ontario ServiceOntario REGISTRY PREPARED FOR Haggarty OFFICE #29 45102—0298 tLT) ON 2017/06/08 AT 10:23:10 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
PROPERTY DESCRIPTION: PT LT A CON 2 ADOIPHUSTOWN PT 1 29R9934; T/W LA262420; CREATER NAPANEE
PROPERTY REMARKS:
ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SINPLE FIRST CONVERSION FROM BOOK 2006/03/27 LI CONVERSION QUALIFIED
OWNERS’ NANES CAPACITY SHARE RCBIDOUX, FRANCIS RAYMOND JTEN ROBIDOUX, MICHELLE PAULETTE ITEM
CERT/ PEG. NUN. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
PRINTOU INCLUDES ALl DOCUMENT TYPES ANODELETED INSTRUMENT$ SINCE 2906/03/24 **
*SUBJECT, ON FIRST REGTSTRATION UNDER THE AMD TITLES ACT, TO
X SUBSECTION 4 (1) OF THE LAND TITLES ACT, EXCEPT PAR GRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES * J’J?jsisExhthit” “refcve: nf#7davitof’ Irk\ Z1t’ ““ .NO ESCHEATS OR FORFEITURE TO TH CROWN. ‘ 1J J . i Swornbeforemethis L4k THE RIGHTS ANY PERSON WHO WOULD, BUT FOR THE LAN. TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF if 20 IT THROUGH L4NGTH OF ADVERSE POS5ESSION, PRESCRIPTISN, MISDESCRIPTION OR BOUNDARIES SETTLED BY 4 mmLionor. - “* CONVENTION.
.NY LEASE TO WHICH THE SUBSECTION 79(2) Of THE REGITRY ACT APPLIES.
*OATE OF CONVERSION TOLAND TITLES: 2096/9”/27 **
LA262420 2004/04/16 TRANSFER ** COMPLETELY DELETED WETHERINCTON, WILLIAM JOSEPH RE ARES: SKETC ATTACHED.
LX16991 2009/01/15 TRANSFER * COMPLETELY DELETED “ WETHERINCTON, WILLIAM JOSEPH THOMLISON, HELEN CAROL RE ARES: PLANN NC ACT STATEMENTS Page 177 of238
LX16992 2009/01/15 CHARGE ‘“ COMPLETELY DELETED THOMLISON, HELEN CAROL DECOMMER, WILLY DECOMMER, LUCIENNE
29R9934 2012/02/17 PLAN REFERENCE C
LX44060 2012/08/31 TRANSFER .4135,000 THOMLISON, HELEN CAROL ROBIDOUX, FRANCIS RAYMOND C ROBIDOUX, MICHELLE PAULETTE RE ARES: PLAIVN11,NGACT STATEMENTS
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PACES AND THAT YOU NAVE PICKED THEM ALL UP. H
a H 0 H HO - (30 H 0 H <-1 Infrastructure Services (Planning) - Request for Validation ... Page 178 of 238 CHKD CERT/ C C C C 14:34:58 AT Mathersl 1 FOR OF TO DATE: 1 2017/06/07 PROPERTY. PAGE PREPARED ON PARTIES CREATION THIS PIN 2006/03/27 FOR AH ANNELI ELIAS etc. SIRKKA MARTTI A,-,0f HANNU MARTTA REPRESENTED JOKINEN, JOKINEN, SUVLAAKSO, SUVILAAKSO, ] o;nfl$sio IDENTIFIER DESCRIPTION WITH UP. PROPERTY (R) ALL ANY, FOR IF Exhibit THEM is qffIdav;t0 45102—0300 This the PICKED FROM (ABBREVIATED) HAVE INCONSISTENCIES, YOU PARTIES INDEX THAT AND ABSTRACT DESCRIPTIVE NAPANEE PAGES BOOK OF GREATER FROM ASCERTAIN #29 INCLUDED) TO NUMBER T N $2 1A119379; LAND REGISTRY OFFICE TOTAL CONVERSION N $2,500 THE AS REcENTLY: INVESTIGATED FIRST AMOUNT INSTRUMENTS BE STATES 4/10 SHOULD (DELETED ADOLPHUSTCWN 2 ACT 1970/ ACT PRINTOUT TYPE DU DU TYPES CON YOUR A SUC SUC PROPERTIES LOADED: R LT R ServiceOntarlo THAT PT INSTRUMENT DOCUMENT CERT ATTACHED. TRANSFER CERT TRANSFER ATTACHED. I AL ADJOINING ENSURE 51<5TH REGISITION SKETC1 DATE NOTE: NOTE: INCLUDES Ontario 1970/04/10 1972/03/30 1972/07/04 1979/02/08 DESCRIPTION: REMARKS: RthARKS: EALIEST RfiARKS: NUN. V OF PRINTOU Th/Q(JIE REG. “ PROPERTY PROPERTY DATE LA56795 LA65487 LA67028 LA108375 Infrastructure Services (Planning) - Request for Validation ... Page 179 of 238 MAYESKI MATH ERSLLP W L A W Y E R S VIA EMAIL: [email protected] June 29, 2017 Town of Greater Napanee Planning Department 97 Thomas Street East ON K7R 439 Attention: Jean Rixen, Planning Clerk Dear Ms. Rixen: This letter and the related material are submitted in support of Hetmut and Ruth Hotzwik’s Application for a Validation Certificate under section 57 of the Planning Act. As noted in my emails the Hotzwiks will be delivering to the Planning Office next week the required fee and deposit, together with their original Declaration of Possession. further to our email communications today, I confirm we act for Helmut and Ruth Hotzwik in the matter of their impending sale. The property in question is 19 Lenid Way Lane, being a waterfront parcel off Bass Cove Road with a dwelling and appurtenant structures. Upon beginning preparations br the sale, we did a Subsearch of title. The parcel in question in PIN 45102-0299. Parcel register and Teranet mapping are attached. You will note the PTN is Registry, not LT. Upon inquiring about the non-conversion, we received the attached notes from the Lennox Land Titles Office essentially, the problem is that the subject lands were created without severance consent. The title search shows the following: 1. Initial “offending” transaction is Transfer from Aino Ruuth to Paul & Anni Lajunen: 1971 Instrument no. LA6 I $1 8 — copy attached with sketch. 2. Lajunen conveyed the lands to Esa & Eira Kalli — in 1 979 Instrument no. LA 11 5570 — copy attached with sketch /0ttJ. (t2coo2o2.-2 MAYESF MITHERS LLP 72 KThg Street. Pictcn, ON KOK 2T0 T: 6 3476.2733 F: 6i3.75.6O64 [email protected] www.eieyeskimabeis.corn Infrastructure Services (Planning) - Request for Validation ... Page 180 of 238 £ 3. The Rotzwiks purchased the parcel Iiorn the Lajunens in 1983 — copy attached (LA 128354). Please note inquired I of the law firm that acted for the Hotzwiks as to how the Planning Act matter was addressed at the time of purchase. 1 was advised by the firm it no longer had the file; it offered no answer as to why the Planiting Act matter had not been identified and remedied at the time of purchase by the I-Iotzwiks. The leading case in this situation is OAS Afanagement Group inc. i’ Chirico, 1 0 R.PR. (2d) 221 (copy attached). The Hotzwiks have enjoyed sole and undisturbed possession of the subject parcel since 1983. They will sign a Declaration of Possession to this effect. the original of which will be delivered to your office along with the fee H- deposit (S2,000.00). Please let me know if you require anything further. The Hotzwiks will deliver the Declaration and the funds next week. Thank you very much for your assistance in this matter. Yours truly, Mayeski Mathers LEP Shelagh M. Mathers SMM/ck End. MAYESK MATHERS LLP Infrastructure Services (Planning) - Request for Validation ... Page 181 of 238 H 0- 0 0 0 0 0 ‘a— NH ‘aN No .1 N 0 H o 0 0 H H H N N N 0 N N No N a; 0 ON 0 N S 0 - H N H 0 N N N 0 ON N 0 Na; N N_i Ha; N N H_I ZN ZN N ON a; HO Na; N NO N Na; NN ON N S S N - S ZN Na; N NO ZN OH ZN a; N 00 5i_i No 0 H_i EH Na; NN 00 H_i NN ZN N N N 0 0 a; 210 N N_i Na; Na; -.1 0 NO ON ON No N NO N Ha; N N S C0> N ZN N ON a; H ZN 00 0 H N p. NH HZ N H NO ON ON N N H ON N N N NO 0 ON 0 N Na; S Na; No 0 H 0 N a; NN a; N ON 0 HO N ‘SD a; ON 0 U)O N N_i 0 N H S ON a; NON N 00 -1 NO OH H a; > H N a; N0 a; 0 NH SN H a; N no 0 H N N NH O 00 So O N OH N H Na; a; N N 0 a; 0 0 0 a; ‘Si No OH a; N N 0 0 N 0 o N 0 N NH 1s3 ‘Si a; N N N N N a; N N NH 0 H N N t- a; N a; ZN ON ON 00 ON Na; a; Na; a; a; HO a; a; 00 O 0 ZN O N a; 0 0 a- N a; NO a; N .a; NH Na; N .i 0 I_ a; H a; N N o N N 0 L Na; NH Na; o NO NN Infrastructure Services (Planning) - Request for Validation ... Page 182 of 238 Infrastructure Services (Planning) -Request forValidation ... -;T Dr Cc’ 5 ServiceOntarlo ‘6 -e PRJNTED ON 07 JON, 2017 AT 14:29:52 A €5 FOR MATHFRS1 5’ SCALE 4% 0 30 60 90 Go- I ‘meters RU P %R \P U PROPERTY INDEX MAP / Q LENNOX(No. 29) //t 4’ 45102 flc*t - LEGED -C’ Ti” FREEHOLD FROFEETY 9”‘ LEASEHCC PROEETT — _IMFED INTEREST FROFERTY CONDOMINIUM PROPERTY - RETIRED FIN MAF UPDATE FENDING: FSOFEETY NLMAEE D449 BLOCK NUMBER 08050 BASS DEDORAFRIC FABRIC COVE ROAD EASEMENT REQ PL4N 49? THIS IS NOT A PLAN OF SURVEY C NOTES REVIEW THE TITLE RBCORDS FOR COMPLETE PROPERTY INFORMATION As THIS MAP MAY NOT REFLECT RECENT REGISTRATIONS THIS MAP WAS COMFrLCD FROM PLANS AND DOCUMENTS RECOADED IN THE LAND REGISTRATIONSYSTEM AND CAD BEES FSCUARED FOR FROFEETTINDCXINO FUEPCDED ONY FOR DIMENSIONS OF FEOPEETIES ACJNCARIED DEE RECORDED PLANS AND DOCUMESTS ONLYMAJOREASEMENTS ARE SHOWN Page 183 of238 / AEFERENCEPLANS UNDERF:NO MCEE REDEN ( REFERENCE FLANS ARE NO “WSTSA’EC Ontario TO fli,nB PrinFpr fnr flntarin 7017 Infrastructure Services (Planning) -Request forValidation ... TDF1Ndr(eport LRO:29 SITE: 08 Page 49 of 293 TDF!NCDetails Issue Planning Act Confravenlion Pins 0292. 9293, 2294, 0295, 0299, 0300, 0301 &0349. Allthe abone pins were atone lime owned by Alno Ruurh & [lances Rscth. Then in 1971 & 1972 they slanled selling pieces off witboul planniarg ad consent Sincwthe deeds were in coctravenlioe of he planning act recommend non-convert Upon coneeroino pin 0299 willbe TAVLA12B354. Resolution Nec-conned Pins 0292, 0293. 0294, 0295, 0299, 0300, 0301 & 0345 due to Planning Pcl contrasentions. Deeds withPlannlngAci Consenl are mqslred to concert these pins. Page 184 of238 THIS INDENTURE made (in duplicate) the 14th day of June, one thousand nine hundred and seventy one, IN PURSUANCE OF NE SHORT FORMS OP CONVEYANCES ACT BETWEEN: AINO RUUTN, of the Township of Adolphustown, in the’Countyof Lennex and Addington, Widow, hereinafter called the ORANTOR OF NE FIRST PART, -and PAUL LAJUNEN, and his wife, AaMrtAjt))EN, both of the City of Nelleville, in the County of Hastings, as joint tenants and not as tenants in common, hereinafter called the CHARTERS OF THE SECOND PART, WHEREAS the Grantor and NANNES IUIAEI ENUTH were the registered owners of the lands described herein as joint tenants. AND WHEREAS the said NANNES IUAARI died on or about the 20th day of June, 1969. AND WHEREAS the Consent of the Treasurer of Ontario in the estate of BANNER IU4ARI RUUTN relating to the said lands was registered in theRegistry Office for the Registry Division of Lennox (No. 29) on the 10th day of April, 1970 as No. 56795. AND WHEREAS the Consent under the Estate Tax Act in the said estate relating to the said lands was registered in the said Registry Office on the 10th day of pril, 1970, as No. 56796. WTTNRESETN that in consideration of NO THOUSAND ($2,000.00) Dollars of lawful money of Canada mow paid by the said Grantees to the said Grantor the recetpt whereof is hereby by her acknowledged, the said Grantor Doth Grant unto the said Grantees in fee simple, as joint tenants and not as tenants in common, ALL AND SINGULAR that certain parce or tract of land and premises situate, lying and being in the Township of Adolphustown in the County of Lennox and Addington and being composed of Part of tot Letter “A” in Concession II of the said Township, described as folloe PRn4ISING that the west limit of Lot 44 according to a Plan filed in the Registry Office f or the said County as Number 546 has an astronomic bearing of H 270 55’ W and relating all bearings herein thereto; Infrastructure Services (Planning) - Request for Validation ... Page 185 of 238 6::18 I Ct4MENCIN0 where a survey post has been planted in the.south— east corner of the herein described parcel and may be located as follows: ENNINNINO where a nurvey post has been planted in the southwest corner of said tot 54, Registered Plan Number 546; Th1CR, N 27° 55’ N along the west limit of said Plan Number 556, a distance of 53.88 feat to a survey post planted; Th1CN, N 65° 45.’ W, 700.00 feet to the said point of cososence— ment; ThCN,N 65° 45’ W, 95.98 feet; Th2CE, N 8° 6’ N, 1.01 feet to a survey post planted; ThNNCN, N 27° 55’ W, 122.00 feet to a survey post planted; ThNNCN, Continuing N 27° 55’ N, a further distance of 40 feet, more or less, to the highwater mark of the Nay of Qointe; ThENCE, northeasterly along the said watermark to its inter section with a line drawn N 27° 55’ N from the said point of commence ment; ThENCE, N 27° 55’ N, 30 feet, more or less, to a survey post planted; TNPNCN, continuing N 27° 55’ N, a further distance of 251.60 feet to the said point of commencement; TOONThNN WITh a right-of-way at all times in common with others entitled thereto over, along and upon the following described strip of land; Cctg’INNCING where a survey post has been planted in the said west limit of Registered Plan Number 546 distant 53.58 feet measured N 27° 55’ N thereon from a survey post planted in the said sooth- west corner of tot 45; ThENCE, N 68° 45’ N, 200.00 feet to a survey post planted; ThENCE, continuing N 68° 45’ N, a further distance of 98.98 feet; TNENCN, N sN° s6’ N, 1.01 feet to a survey post planted; ThENCE, continuing N 580 56’ N, a further distance of 275.00 feet to a survey post planted; ThENCE, N 52° 02’ N, 25.00 feet to a survey post planted; Infrastructure Services (Planning) - Request for Validation ... Page 186 of 238 _88’ 470 THENCE, S 5g, 4, 20.00 feet to a survey post planted; THENCE, S 27° 51’ E, 71.70 feet to a survey post planted; THENCE, N 76° 25’, E, 20.00 feet to a survey post planted; THENCE, N 13° 35’ W, 25.00 feet to a survey post planted; THENCE, N 6° s6’ E,75.00 feet to a survey post planted; THENCE, N 66° 45’ E, 200.00 feet to assurvey post planted; THENCE, N 64°. 47’ E, 107.65 feet to a survey post planted in the said west limit of Registered Plan Number 546; THENCE, N 26° 15’ W efong the said west limit of Negistered Plan Number 546, a distance ot 30.00 feet to a survey post planted; THENCE, N 27° 55’ W along the said west limit of Registered Plan Number 546, distance of 33.22 feet to the point of commencement; AND T00ETHER WITH a right-of—way at all times in common with others entitled thereto over, along and upen all of the Private Roads shown on said R5gistered Plan Number 546 and Registered Plan Number 597 filed in said Registry Office. The parcel as herein described being shown outlined in red and the firsly described right-of-way being shown outlined in yellow, on a pian of survey dated December 4, 1964, prepared by Ransom and Watson, Ontaris Land Surveyors, a duplicate of which plan is hereto attached. Infrastructure Services (Planning) - Request for Validation ... Page 187 of 238 __ I_ m.d—Joint fln.nny, ?.. —0n. & .&... ir said Grantor Coicsasls with the said Grantees ijal s he has the right to convey the said lands to the said Grantees notwith standing any act of the said Grantor. flsb bal the aaid Grantees shall have quiet possession of the said lands, free from all encumbrances. - st the said Grantor €shrenels with the said Grantees that she will execute such further assurances of the said lands as may he requisite. sh the said Grantor totenssh with the said Grantees that she ha done no act to encumber the said lands. sb the said Grantor *,rlenes to the said Grantees ll her claims upon the said lands. 3m Z4itne I{jcrtot the said parties hereto have hereuntn set their hands and seals. ignth. ealeb ash elihtrt5 Is eresesy at the j AINO RUUTh Infrastructure Services (Planning) - Request for Validation ... Page 188 of 238 (0 -J Infrastructure Services (Planning) - Request for Validation ... Page 189 of 238 D6—Joj,,t 11 557O Ini?nturP made f in duplicate) the 8th day of August one thousand nine hundred and seventy-nine. 3m uruanct ot l3ZIjr jott Jorm of lonbt’ant ct PAUL_LAJUNEN, and his wife, AHMI LAJUNEN, both of the City of Belleville, in the County of Hastings, hereinafter called the CRANTORS Con, 830-331 OF THE FIRST TART, —and— NSA ANTERO KALLI, Esquire, of the Township of Adoiphustown in the County of Lennox and Addington and EIRA HELENA KALLI, his wife, of the same place, as joint tenants and not as tenants in common, hereinafter called the CRANTEES OF THE SECOND PART 7 ttflCet) that in consideration of other good and valuable consideration and the sum of TWO ($2.00) Dollars of lawful money of Canada now paid by the said Grantees to the said Grantorg (the receipt whereof is hereby by them acknowledged), the said Grantors a th rant unto the said Grantees in fee simple as joint tenants and not as tenants in common. fl anb inular th at certain parcel or tract of land and premises situate lying and being as per Schedule A. Infrastructure Services (Planning) - Request for Validation ... Page 190 of 238 SCHEDULE “A” ALL AND SINGULAR that certain parcel cr tract of land and premiaes aitoate, lying and being in the Township of Adophuatown in the County of Lennox and Addington and being composed of Part of Lot Letter “A” in Concession II of the said Township, described as follows: PHENISING that the west limit of Lot 44 according to Plan a filed in the Registry Office for the aaid County as Number 546 baa an astronomic bearing of N 27° 55’ N and relating all bearings herein; thereto; CONMENCING where a survey post has been planted in tho south—east corner of the herein described parcel and may be located as follows: BEGINNING where a survey post baa been planted in the south—west corner of said Lot 44, Registered Plan Number 546; THENCE, S 27° 55’ 5 along the west limit of said Plan Number 546, a diatance of 53.88 feet to a survey post planted; THENCE, S 68° 45’ W, 200.00 feet to the said point of commencement; THENCE, 5 68° 45’ N, 98.98 feet; - 580 THENCE, S 56’ W,l.Ol feet to a survey post planted THENCE, N 27° 55’ N, 122.00 feet to a survey post planted; THENCE, continuing N 27° 55’ W, a further distence of 40 feer, more or less, to the highwater mark of the Nay of Quinte THENCE, northeasterly along the adid watermark to ita intersection with a line drawn N 270 55’ N from the aeid point of commencement; 270 THENCE, S 55’ E, 30 feet, more or less, to a survey post planted; THENCE, continuing S 270 55’ E, a further distance of 241.60 feet to the said point of commencement; TOGETHER WITH a right-of-way at all times in common with others entitled thereto over, along and upon tha following ‘described strip of lend; COMMEHCIHG where a survey poat baa been planted in the said west limit of Registered Plan Number 546 distant 53.88 270 feet measured S 55’ E thereon from a survey post planted in the said south—west corner of Lot 44; THENCE, 5 68° 45’ H, 200.00 feet to a survey post planted; THEHCE, continuing 5 680 45’ H, a further distance of 98.98 feet; 580 THENCE, S 56’ H, 1.01 feet to a survey post planted Infrastructure Services (Planning) - Request for Validation ... Page 191 of 238 THENCE, continuing S 58° 56 H, a further distance of 275.00 feet to a survey post planted; THENCE, N 420 02 W, 25.00 feet to a survey post planted; 470 THENCE, S 58’ W, 20.00 feet to a survey post planted; THENCE, S 27° 51’ 1, 71.70 feet to a survey post planted; THENCE, N 76° 25’ E, 20.’OO feet to a survey post planted; THENCE, N 13° 35’ W, 25.00 feet to a survey post planted; THENCE, N 580 56’ E, 275.00 feet to a survey post planted; THENCE, N 680 45 I, 200.00 feet to a survey post planted; THENCE, N 84° 47’E, 107.85 feet to a survey post planted in the said west limit of Registered Plan Number 346; THENCE, N 28° 15’ W along the said west limit of Registered Plan Number 546 a distance of 30.00 feet to a survey post planted; THENCE, N 27° 55’ N along the said west limit of Registered Plan Number 546, distance of 33.22 feet to the point of commencement; AdD TOGETHER WITH a right-of way at all times in common with others entitled thereto over, along and upon all of the Private Roads shown on said Registered Plan Number 546 and Registered Plan Number 497 filed in said Registry Office. The parcel as herein described being shown outlined in ted and the firstly described right—of way being shown outlined in yellow, on a plan of survey dated December 4, 1964, prepared by Ransom and Watson, Ontario Land Surveyors, a duplicate of which plan is hereto attached. Infrastructure Services (Planning) - Request for Validation ... Page 192 of 238 Dd ot L.od, Joh,t Ten.oey, ljabe aub to ljoLb unto the said Grantees as joint tenants and not as tenants in common their heirs and assigns, to and for their sole and only use for ever. ‘ubjett thtre to the reservations, limitations, provisoes and conch tions, expressed in the original grant thereof from the Crown. Infrastructure Services (Planning) - Request for Validation ... Page 193 of 238 ______ Od—3oIflt T,rn,ey —Dv & tjt said Grantor s obcnsnt with the said Grantees bat they hare the right to convey the said lands to the said Grantees notwith standing any act of the said Grantor. nb bat the said Grantees shall have quiet possession of the said lands, free from all encumbrances. the said Grantors Q.obenant with the said Grantees that they will execute such further assurances of the said lands as may be requisite. nb the said Grantor5 a1jennI with the said Grantees that they have done no act to encumber the said lands. the said Grantor S ctieaat to the said Grantees the it claims upon the said lands. 3n itnC IJtrCO1 the said parties hereto have hereunto set their hands and seals. intb, £‘ealeb anb eli,ere - In the presence of PAUL LAJUNEN NA ARMI LAJUNEN Infrastructure Services (Planning) - Request for Validation ... Page 194 of 238 REDtSTRATiON Land . Relertvatll nstrcctioos Form 1 orypevçse Side The Land Transfer Tax Act; 1974 AFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION / IN THE MATYUR OF TIP CONVEYANC OF iingqp51{ei4pecriprion at land) LocLeter %cRcc ?. pwpsp,o dolphu$towpcoggt3ofLpnnoK and .Addington . ET)pdernemeeeledhaeelemnin)ac) PAUL LAJUNEN MO ARMI LAJUNEN TO )aaeosrwcrionrarrdpdrrteamnotaiirranelernaioloiq E.IRA.RENk KALU XXreeemeirvorroegavdpoeteameietiecvs. . WE vESAANTERO KALLI ANOEURA HELENA KALLI MARE OATH AND SAY THAT: 1. lam (places clearmare within he square opyveite malone at he tePemrng pempraphe nw describes ice capacity at the depnneei)d): (see inehachcn 2) (a) A pernen in wham trust tar the land conveyed In theaboa.described conveyance is being coooeyed; - fl (b( A trustee named In the shone-described cenceyance towbom the landis being nonceyed, ] (c( A transteree named In the abocedescrihed conoeyance; ri) The avthcdzed agent hr seliciteraYt ng in thisransectloc torTneedna.meialetpn,eripayel) . described in paragraph(s) (a), )b), (c( above; )etnke OW references to iappccabieparapcepne) fl (a) The Presldmrt, YlcePrestdent, Maneger;beoretery, Director; onTreascrerauttmrieed toad tar )ieeednameo)atcnmoratlan(e() descrrbnd in paragraph(s) (a), (b), Ic) above. (erote our reierancee in rnappllcebieperaoraynel (I) A iranhteree described in paragraph) ) yneevcviyenectparagrapn ia) ibier)ciabnre, aeepphcable) and am making this attidaoit on myown behaitandonbehellct )neerinamentnpouee). mba is m spovcndescrrbed in peragraph) ), yneenvnlyonectpjrapreph)e)5)orYiahove, Ce aypccaeie) acd as soch, thrive personal knewledge at the acts herein depneed to. 2. I bane read end considered the detlniiicno ot)RRd4s*Atdd*x&AttMtkAXLttRFeos-reeident person” set out respocdPeip in clauses kw got nab- section 5 at section t ot ihe Act. ieee inecechen S - 3. The toilowing persons to whom or in trust tot whom the land conveyed in the aboce-descrrbed conveyance is being conoeyed are non-recideot persons within the weaning at iheAct. gniaahvcrlcna) NatE d. THE TOTAL C0NSInERATI0N FOR THiS TRANSACTION IS ALLOCATED AS FOLLOWS: . a) Monies paid orto be paid in cash S .99 )b) Mortgages )i) Assumedieeoopdncipelendlnreraatmebecredoadaoaineipumnaeapdce) - n Ir) Obey back to aendm n 14,500-00 - Ic) Property transterred in eochesge derail batowt S 511 (rft gecorities treesterred to thmvaiueot )derarlOebe) S nil ccv ecANks ct Liens, legacies, eneuitiesand meintenance charges towbich traccter is sub)ect. . $ nil ever ee (ft OtheroaloaMe consideration sobjoot to taed Iranstm Iao)deiavheow) n nil niccee is. )g( YALPE OF LAND, RUILOINO, FiXTUehb AND 0000WILL bbJcCTTo wesse LAND TRANSFER TAT )TOTAL Op (e) rc (ftp n .22 e&OO...0ft.. n 22 500. 00.... serviceele (hi OALUE OF ALL CHATTFLS — Itoms ot tangible pereceal property I S Oor n mwI n nil 1) Oiher ccnsideraiioo or transeciinn nni included in)g) crIb) above . bI TOTALCONbiOERAYION 522,500.00 S. It consideration lsccminai, describe reiatlonshlp between rraestererand transteree and state purpceeot cnnceyanoe. oeeinarrunrionnl N/A: , 6. Other remarks and eopianatrtns, it necessary N/A tOebommeatij 0; UALLI sf1-La ?fVtna i7reiurertli A Commissioner tort log I eniy/’ 9f 6! RA HE LENA 4/ PROPERTY INFORMATION RECORD A. Describenatureot as ent;,,,.,P6 g. (i) Addreesot pro p being conveyed ytacallehiA Unknown 1) Assessment Roil No. ytevariabo) . . . .fl..]4 020 22200.0000 . C. Mailing addresslesl tc urure Notions or Assessmeni underThe Ascesemenr Act ivr being conveyed ‘see lveimc’lenR 24. .FDtCbt .Hano.r.Driper. Ap... 4.11 . i.llowdale.. Ontario 0. Ii) Regictralico number tot last conoeyanceoi properly being conveyed yr eae,ieOO( .. .61818 )ii) Legal description ot propeoy conveyed same as iv Dli) abeoe Yes U] No Not Kcowr U h. Name)s)ondaddrecc)es)cteanhtransieree’ssolicitor. KATES. .QQLOKI.NP. .8. .12.50. .SHappnrd. .Ap.pgag Edbt Sni tn . 206,.. IN.QQ T.c. TMIP.5.M1.T. .1L4 For Lund Peglstip 0th ce use coip NO. Registry Ottloe No. Registrartee Dale Infrastructure Services (Planning) - Request for Validation ... Page 195 of 238 A,aa,1,d Ma,ih aPes AFFIDAVIT OF SUESCRIBINO WITNESS I, KAREN THERIAULT, nftbe Town of Trenton, in abe Coooty of Hastings make oath and say: I am a vobacribiag witnets to the attached inatroment ted I was present and tam it execoted at Trenton, Ontario by PAUL LAJUNEN end ARNI LAJUHEN •tss tnateat. I ceesly believe that each person whose sigeatnee I witnessed is the party of the same came cefecced to ie the instrument. SWORN before me at the Town of TreoLon 1 in the C9unty of l2NprEwc — ijasljings MERE ‘URNIAULT Ibis 19$Q /L,,da %enant- frI Weklet, Rm%Res a .ctsfitss ltd Jsmu, wa wh,,. m°a I. ,,nak I, ‘cat he ,,,,.,%I II I8RJ% !R .an an ,,.kthe hI, ,,cck cc in rh.,mL.n. ‘,tta,theiv,t,n,cavlh.d tc,.ia, cAd 5..,c.cdicv,nc,dneccpr,c.dtttawc,daccn,dti Wh,,.c,.ccr.dccd,, aeen.c ci cticcc.a tamslvan.t/aee,,,.al eiettet,saimlcc, .teaci)’;.cdlcc,mI,tcctaetbctttt.’ic.cilabdnc.th,tth. c.c.cnchcc, itcit,mcdiwcacciacced,c..erct.th.i,c,c.ne,c.c attac,wicc(ccee Acc.,d.d. tan iOTa TIlE LAND TRANSFER TAX ACT, 1974 AFFIDAVIT OF VALUE OF THE CONSIDERATION THE MATTER OF THE CONVEYANCE made by I LAJUN EN anthe...F daynt N MAKE :i °E; h d Ih t::lh I den Itt w $ a,,.ada, TOTAL CONSIDERS a, be ins seth ta e at sick., at then a, cc 121 The tme coasideraiinc for the teaeafee or cosceyseca lot land Tcaeafer Tan yneynsea is at fcllcwsc salt e 1: ZFEDKEhI I b : 19 ACmm scm to eceaneapu sot xl ch.c.:. natal sales isa is e.esbts cc ix, aslisca, at liens •van, Iv tlil lx) aetsss atheew.. canceled deeics at The n.i.H Odes S.c Ad. a xc. isis. i sit. .a .v,eede& eieai.,.i,iaiex.,.l,. atwsiv.aslic.es,ths.ae:iaaalelsn.healdbscsdbeths aeeehssse tith,Tee..ee,tcai.ee.,de,aiiiec Infrastructure Services (Planning) - Request for Validation ... Page 196 of 238 0 Infrastructure Services (Planning) - Request for Validation ... Page 197 of 238 St r a c,i i, JtM% cfrdcntur 6th day of Joue, made in duplicate the eighty—three. one thousand nine hundred and of Qoeuegsnrrs ..st In oruuanre of tile Bijort Jorow 3&fluctn of the ttsnship of FSR PFItJO KAMJ, Esquire, of Lennox nod Mdingtnn, and ?s*)1phustn.fl, in the Cotmty spouse, of the sore placn, ElBA FElr FALU, his • as Tenants in Clinton, as Joint Tenants and not hereinafter called the “Grantor” OF THE FIRST PART and lOft BullOcK, KWe H&TZWIK, Esquire, and Hflfl3r of York, in the his spouse, both of the Boroi4 TOronto, as Joint Tenants f’tinicipality of ?troro1itan and not as Tenants in lRxrieon, hereinafter called the “Grantee” - OF THE SECOND PART TltcvsPED—— that In consideration of —‘tlQf2i’lY—ksYJR • ‘ZthtncetIj -DDtLP ($24,000.00) ia hereby by him acknowl to the aaid Granter, the receipt whnreef now paid by the aatd Grantee simple GRANT unto the aaid Grantee in fee edged, he the aaid Granter DOTH an Tenants in C:xumn, Joint Ttoants and not as in the following municipality, namely, THOSE lands and premises located of lennox and Mdington, Moiphustown, in the TOisity in the TOwnship of Schedule attached particularly descrited in and being rmgmedcsfc note hereto. Infrastructure Services (Planning) - Request for Validation ... Page 198 of 238 / SCHEDULE “A” ALL AND SINGULAR that certain oarcel or tract of land and premises situate, lying and being in the Township of Adophustown in the County of Lennox and Addington and being composed of Part of Lot / Letter “A” in Concession II of the said Township, described as follows: PREMISING that the west limit of Lot 44 according to a Plan filed in the Registry Office for the said County as Number 546 has an astronomic bearing of N 27° 55’ W and relating all bearings herein; thereto; COMMENCING where a survey post has been planted in the south—east corner of the herein described parcel and may be located as follows: BEGINNING where a survey post has been planted in the south—west corner of said Lot 44, Registered Plan Number 546; 270 THENCE, 5 55’ E along the west limit of said Plan Number 546, a distance of 53.88 feet to a survey post planted; THENCE, S 68° 45’ U, 200.00 feet to the said point of commencement; THENCE, S 680 45’ N, 98.98 feet; THENCE, S 580 56’ W,l.Ol feet to a survey post planted THENCE, N 27° 55’ N, 122.00 feet to a survey post Dianted; • THENCE, continuing N 27° 55’ N, a further distance of -402 feet, more or less, to the highwater mark of the Bay of Quinte THENCE, northeasterly along the said watermark to its intersection with a line drawn N 27° 55’ W from the said point of comxnencement;.-. THENCE, S 27° 55’ F, 30 feet, more or less, to a survey post planted; - THENCE, continuing S 27? 55’E, a further distance of 241.60 feet to - the said point of commencement; - - TOGETHER WITH a right—of-way at all times in common with others entitled thereto over, along and upon the following described strip of land; COMMENCING where a survey post has been planted in the said west limit of Registered Plan Number 546distant 53.83 feet measured S 270 55’ F thereon from a Survey post planted in the said south-west corner of Lot 44; THENCE, S 68° 45 N, 200.00 feet to a survey post planted: THENCE, continuing S 68° 45’ W, a further distance :of 98.98 feet: THENCE, S 56° 56’ N, 1.01 feet to a survey post lanted; Infrastructure Services (Planning) - Request for Validation ... Page 199 of 238 THENCE, continuing S 58 56’ N, a further distance feet to a survey tost planted; of 275.00 THENCE, N 42° 02’ W, 25.00 feet to a survey post t - planted; 470 THENCE, S 58’ w, 20.00 feet to.a survey post planted; THENCE, S 27° 51 E, 71.70 feet to a survey post planted; post THENCE, N 76° 25’ E, 20.00 feet to a survey planted; THENCE, N 130 35 W, 25.00 feet to a survey post planted; THENCE, N 580 56’ E, 275.00 feet to a survey post planted; THENCE, N 68° 45’ E, 200.00 feet to a survey post planted; THENCE, N 84° 47’E, 107.85 feet to a survey post Plan Number 546; planted in the said west limit of Registered of THENCE, N 28° 15’ N along the said west limit 30.00 feet to a survey Registered Plan Number 546, a distance of post planted; limit of THENCE, N 27° 55’ W along the said west 33.22 feet to the point Registered Plan Number 546, distance of of commencement; times in AND TOGETHER WITH a right-of way at all and upon all of common with others entitled thereto over, along Plan Number 546 and the Private Roads shown on said Registered Registry Office. Registered Plan Number 497 filed in said shown outlined The parcel as herein described being way being shown outlined in red and the firstly described right—of 4, 1964, preoar’ed in yellow, on a plan of survey dated December Surveyors, a duplicate of by Ransom and Watson, Ontario Land which plan is hereto attached Infrastructure Services (Planning) - Request for Validation ... Page 200 of 238 5,..,..P C’IIWr LIn,d .eJ O,od. *ILNO, [.0..,,, ccl mm Ps,. TO HAVE AND TO BOLD unto the said Grantee, his heirs, executors, administrators and assigns or Its successors and assigns, as the case may be, t0 and for their sole and only use / forever, as Joint Tenants and not as Tenants in Onluon SUBJECT NEVERTHELESS to the reservations, limitations. provisoes and conditions expressed in the original grant thereof from the Crown. The said Grantor COVENANTS with the said Grantee that he has the right to convey the said lands to the said Grantee notwithstanding any act of the said Grantor. AND that the said Grantee shall have quiet possession of the said lands free from all encumbrances. AND the said Grantor COVENANTS with the said Grantee that he will execute such further assurances of the said lands as may be requisite. AND the saId Grantor COVENAN’TS with the ssid Grantee that he has done no act to encumber the said lands. AND the asid Grantor RELEASES to the said Grantee ALL his claims upon the said lands. JiD the said Grantor hereby mrrants that the said prorty not never is and has teen insulated with Urea Ibraa2dehyde Insulation. PROVIDED that In construing these prn.est, the words “Grantor” and “Grantee” and the pronauno “he”, “hi,” or “him” nlatlsg theretu ned used therewith shalt he nod and ranstrued as “Grantor” or “Grantor,”, “Grnstee” or “Grantee?’, and “he”, “lb.”, “It” at “thny”, “hi.”, “her”, “it,” or “their”, or “him”, “her”, “it” or “them”, respect’cvely, as the number and gender of the party or parties referred to in each ease require, and the number of the verb agreeing therewith shall be construed a. agreeing with the said word or pranuan so aub.tltsted. IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and scala. 4 EISA EEI,HdA KALII Infrastructure Services (Planning) - Request for Validation ... Page 201 of 238 • .nd GIb,fl. Lmit.d 554 Ln TILl.. A.t ..,d enter 51 ‘“ InS Mhibauit - jLanning ,?rt IN THE MATtER OF THE PLANNING ACT (as amended) AND INTHEMATFEROFTHETITLETO Part of tot Letter “A”, O000nsion 2, atenship of A&lphuntan,Otmty of Lenin and Padirgton Ond. M,nan.. AND IN TEE MATtER OF A aE) aaan..ep.”—’ a.nnn. I...... T,.,.t,L, ThEREOF, FROM ESA lollER) ESUJ and EISA IflDIA ESIfl 10 1mr141r 1(010’ HOLZWB( and Mini JUNE 6, - j983 DATED - lx ESA P2flt0 ESMJ and EISA Htfl KALLI of the atytnsJsip of &klytassto1eo, in the tflmty of I.enR)X ,and Mdington MAKE OATH AND SAY AS FOLLOWS: I. ire It are the antorn named in the above mentioned Instrument, and have knowledge of the matters hereinafter sworn. 2. A consent under section 29 ef the Planning Act, as amended, in rmpect of the said Instrument is nat required because I’) (a) the person conveying or otherwise dealing with land in the said Instrument .eplI•LM, does not - retain the fee or the equity of redemption in, or a passer or right to grant, assign or exercise a power of appointment with respect to any land abutting the land that is being - conveyed or ofhe noise dealt with. (b) ,SWORN before me c4la,%r N at the / city of Ibrento N. EMIl in the Regional Itmicipolity of ?troço1itan Itronto this 4gj day at to a) EISA WEllER 5M2 Infrastructure Services (Planning) - Request for Validation ... Page 202 of 238 Caine APFtDAVST OF SUSSCRtBINO WITNESS j’g34 I, A” of the City of Itratto In the igiata1 t.trticipality of hbetropDlitan Ibratto , wake oath and say: moe feetoote S am a .oh,crIhlOt witoese to the attached )ratosmmnt and I wa, present and eaw It connoted at StEODtOe attarin by RSK amlo EAUJ and EISA HflfllA EMIl •— reefrate I verily believe that each person whoan signature I wltoeaerd I. the panty nf the awe name referred to to the tnansw,nL SWORN ks/are me at the City of Itronto, in tite rgiona1 ?kmicipalitY of FtrOpD1itan Itr%o thla day of Jwie0 n 83 I tlt_taonenotsjwen&e 1. . I tw:m050t 5.1:1 to Pile, lAssos. qa f,Om Omen W’ 7. to$46t WOre • p.0w ii miSs o. mood A. tedca—nt or auem e near ems an .0.0!,; 0!. tort in 01 leek. aA.mct.ce eat sttne tedre..net cad a... ,..d — 04 eat to emwmd leon Is aad.od.ed C. mAims eeecot.d mdsr.mhim et eO.o.e° been ,7.s,ie at eamowl — ecternen 00 tame. .t name)”; .d far .me d.o.e ee0d!t.t. 1 oarS. cease. LOSS the rowe at... denatan 0 eli.....5 ewe eeotada to memOs it. Iedma.ni — Macn.e ten teen.!”. AFFIDAVtT ASTO AGE AND SPOUSAL STATUS XX / WE ESA Nfl338) SAU and EISA )lflflSA KAUJ of the Itsanslup of AdolpbUSttstn In the Sbegional MimicipalitY of ?betTorctitan Itronto (esoenatly) make oath and .ayt Vhrn 55< / WE notated the attanhed tnatntment SPWXZ / WE WERE EACH at least eighteen yeanstd; and within lb. eadaniny of clause i)f)ef the Family Law Rd/ann Act. - (a) tW* I t W*e’—npnaee (b) mn.., etelais. - - - In) We were spuuaee of one another. - - ,(d) m t-sita of Canada pint to Section 116 of The In Thx Act of Canada, as an9nded. hoot as.. t.l.,1.. etc. SEVERALLY) SWORN before me at the City of Toronto, in the Ibegicta]. htnicipality of ltropD1itan lb23to thin “°lar ot to 83 7° , “IC, EISA )SAflt7t EMIl normthm itt acc .7 etI.nem; (at Ito m.1a5 it... ue a .reae at the cite C) ec.moea at it. eelmnrod; end to! net the ,.emetet !.;nJSSfam.eadnfm e.etoe...ttcmm.ikcL )eten,tldtatftirenitaL._ndtmdb0bthb.,_000ettb0emcna.e .eW.t.. Seoaeee.e till! It! ekI.esem0.teOtldan!t Infrastructure Services (Planning) - Request for Validation ... Page 203 of 238 REGISTRATION ______ - LAND TRANSFER IAAAL.i nata,roaurn,rruopanaonu.rnnZ JAFFIDAVIT OF RESIDENCE AND OF VALUE OF THE CONSIDERATION AATTER OF THE CONVEYANCE OF linear) briar danpripllon of land) tart of Lot Letter’, pgqpg.qn 79pR.p.MpAP.p.9yn County of Lennox and Addin9ton M??P..KAL gHRNa.aL 0(a)) IrIflaIet’as In full) HEIJiUT1’.ZURI . BOTIW.IK. .ao.d /0 an, Inatruclinn I and prlntnawOo RUTH. .RQTZW2.K I, (an lnalroohmt 2 and print nanrafu) in foil) EICHAEL.W....CARfl MAKE OATH AND SAY THAT: that one oltha bOoming paragraphs that describe, the capacity oftned.ponenr(n5: sac I am place a claermark wuhin the square opposite inatwctiOn 2) - 0 () A pnrnon introit ton whom the land conoeyed In the abonednncdbed conveyance Is beIng conveyed; C Ib) A twotee named In lEe abonadencdhnd conceyance to wlmm the land in being conveyed; 121a A Iraneteree named In the ahooe-dencdbad cnnnnyance; In thin transaction for RELMUT .JOJBT. .HOTZWIK. and I°I The eclhodoed agent or solicitor actIng RUTH.N0’TZWJK desudhed in paregraphis) I$x IMx 101 abone; )slriha vol refaranceo to Inapplicable paragraynnl VicsuPrnnldenl. Menager, Secretary, Dirnctor.ar Treasurer aothorited to act tar . .. O (a) Toe PresIdent, . described In peragrnpb(n) (ci. - lb) Cc) ebone; latrine our re(arenuen to Inapplicable paragrapha) laaaflonly one ofpara as apphcaola) endow meking this O It) A Iraneteren described In paragraph ( ,- ) graph(ah(b)orfo)abera, etlideolt on my own babel) end on babel) nt I (Innan only one of paragraph (a). or (a) above, on apphoabia) - who)s my spouse described In paragraph I -- 1; (b) Send as euchi have pamnnel knowledge ot the facts heroin deposed lo. 2. I hone reed and consIdered the dntinltlonn at “nonresident dnrporatlnn” and “non-tenident person” eel oul respectively In clauneslllxl) and)g(ottheAct(oealnotrucaan3) - 3: The lollowing pawnne to whom orb host toymbom thetandconoeyod Intheabonrd050tihedconnnyancel.being000oeyedere non-resIdent pnwaneyvithin the meaning at the Act Inn. Inotroctlon 4) NONE 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATEO AS FOLLOWS: )e( Monleepsldorlobapeldbncanh $ .2.4,000.00.. - 1k) Mortgagee Ii) Assumed (ahcw prIncipal and Inlarent lobe craWled .1 against pomhane prlca) $ (RI Noon bach to nendor S N&- 101 Property transferred In eochange Idetah below) - S HA-. Id) Sacodlie. frensterred to the valve oI IdetaV below) $ H4-1 (a) Liens, tegeciee, annoities end maintenancechargeslo which trannter - g Nil nu.eorn. s.ub)eot wsEnTsot’ g Nil - Ill Otherva)oabieconsldnralionnuh)ecltotandtrenstertocldetallbeiow( • (g) VALUE OF LAND, BUILDING, FIXTURES AND 0000WILL g 24.,.000..O.0... SU0JECTTOLANDTRANSFENTAXII01aIO((a)to(tll I .2.4.c00.0..O0 • property (h) VALUE OF ALL CHATtELS — items ol tangible personal ineteltnah. ra.laoa shoon tnerao.nlaucnaronuro,am.notond.rl%prmh)wau N’ - tam.c 454, a..wendadl $ ma”n.oucaha rae Aol; ll.iO. Nil )l) Other connideta)Ion toy trannactlon no) Inciudod in )g) or Ih). ebone $ $ 24O00.O0 (I) TOTAL CONSIDERATION - porynse 0) c000eyance. baa Innlruclinn 5) 0. tr connlderatlon In nominal, denndbe mlellonnhlp berwnen translator and trannlereo and stale WA lathe land nob)ect to asp encumbronce? /A 6. - II the consIderation in nominei, y, Other remarks end enpienations, It necessary SWORN before meet the City of Kingston - In the County of Frontenac deyot a. ... this 1 jjbJ$( 151.515 IW’°°”l Fmntmao Garmty, Im Ccnnlngham, /234 Jnn-”r-— taRing MfflanOS. P. Ceftmrnninner tor taking II denits. etc. 5w Gasp. Ut)). I Canine. Caatatan S SolIcItors. rayon Ftotaaty7th,j. • PROPERTY INFORMATION RECORD A. Dancribe nature or instwwnnl B. (I) Address t propetny heint connnped (II available) ..ThR,..fl,..sts1..PnIaxiP ‘i, )iI) Asoasnmen) Rail a (I) aradabie) . .0.2.0.. 22.2.0.0.00.0.0 Asnensmnnt Ant tar property bning conneynd fop. Inntroctinn b) C. Mailing addlenslool tot blots Nolicen of Assensmenl onderthn 190,Locksj.ay,Ave...0...TorOato..On.tariO..N6R.3N7 0. Ii) Rngislrelion number tor lest convebanoO of property being conoeyed (if .oailebiei . .. No.... .11557.0 Not Known )h) Legal description nl ytspeny cnnunpnd: Same es is D.)i) abnoa. YenZ NoD C Nameie) and addreenianl of each trennlarnes solicitor .Faili.s. ..GWOXgQ. FortzndRegintryolltheunennly -3&$..Bay.St.-.Sute.4Ol Toronto Ontario REGISTRATION NO -I ..fl55g..2v1 LAND REGISTRY OFFICE NO. . DATE Infrastructure Services (Planning) - Request for Validation ... Page 204 of 238 OAS Management Group Inc. v. Chirico, 1990 CarswellOnt 523 1990 CarswellOnt 523 10 R.P.R. (2d) 221,19 A.C.W.S. (3d) 750, 9 OR. (3d) 171 1990 CarswellOnt 523 Ontario District Court OAS Management Group Inc. v. Chirico 1990 CarswellOnt 523, 10 R.P.R. (2d) 221, 19 A.C.W.S. (3d) 750,9 OR. (3d) 171 OAS MANAGEMENT GROUP INC. v. CHIRICO Gravely D.C.J. Judgment: february 21, 1990 Docket: Doc. No. Niagara North 23278/90 Counsel: D.A. Thomas, for applicant. P. Jan:en, for respondent. Subject: Property; Civil Practice and Procedure Related Abridgment Classifications Civil practice and procedure VII Limitation of actions VII.2 Real property VII.2.a Adverse possession VII.2.a.ii Possession VIT.2.a.ii.D Constructive VII.2.a.ii.D.l Entry under colour of title Headnote Limitation --- of Actions Real property — Adverse possession — Possession Constructive — Entry under colour of title Title Objections to title Contravention — of Planning Act Limitations — Transfer of property to applicant’s predecessors-in-title in 1967 violating Planning Act — Original purchasers and applicants having had possession of property since 1967 — Original vendor’s title extinguished under ss. 4 and 15 of Limitations Act— Applicant having valid title to property Limitations Act, R.$.O. 1980, c. 240, ss. 4, 15 — Planning Act, R.S.O. 1960, c. 296, s. 26, as re-en. SO. 1960-61, c. 76,s. 1. The respondent agreed to purchase certain property from the applicant in October 1989. The applicant had purchased the property from B 10 years previously; B had purchased it from the trustees of a church in November 1967. The latter conveyance from the church trustees to B was in contravention of s. 26 of the then Planning A Ct, as the trustees had retained ownership of the abutting land. Therefore, the transfer did not convey any interest in the land and neither did the transfer from B to the applicant. The applicant brought an application under the Vendors and Purchasers Act (Out.) for a determination of whether possessory title was established by virtue of the operation of ss. 4 and 15 of the Limitation.c Act in the face of a deed which contravened the Planning Act. Held: V .Ne>V CANADA Copyright ©Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights resemed. Infrastructure Services (Planning) - Request for Validation ... Page 205 of 238 OAS Management Group Inc. v. Chirico, 1990 CarswellOnt 523 1990 CarswellOnt 523, 10 R.P.R. (2d) 221, 19 A.C.W.S. (3ä) 750, 9 OR. (3d) 171 The applicant had a valid title to the property. The time for commencement of an action for the recovery of possession of the land had commenced to run in November 1967. B was in possession under a defective deed and his possession of the property did not have to be adverse. As the church trustees had not asserted any right to the property, their title to the land was extinguished by the operation ss. of 4 and 15 of the Limitations Act, sometime in November 1977. Accordingly, the applicant had valid title to the property. Table of Authorities Cases considered: Beaudoin v. Aubin (1981), 33 OR. (2d) 604,21 R.P.R. 78, 125 D.L.R. (3d) 277 (H.C.)— considered Bridges v. Mees, [1957] Ch. 475, [1957] 2 All E.R. 577—considered Gray v. RichJbrd(1878), 2 S.C.R. 43t —considered Hogg v. Wilken, 5 O.R. (2d) 759,51 D.L.R. (3d) 511 (H.C.)—refrrredto McGugan v. Turner (1947), [1948] O.R. 216, [1948] 2 D.L.R. 338 (H.C.) — considered Perry v. C’lissold(1906), [1907] AC. 73 (P.C.) — considered Pflug v. Collins, [1952] OR. 519, [1952] 3 D.LR. 681 (H.C.), affd [1953] OWN. 140, [1953] 1 D.L.R. 841 (CA.) — considered Roab v. Coranci (1977), 24 OR. (2d) 86, 97 D.L.R. (3d) 154 (H.C.), affd without written reasons (1979), 24 O.R. (2d) $32, 104 D.LR. (3d) 160 (CA.) considered Rankin v. Sterling (1902), 3 O.L.R. 646, 1 O.W.R. 243, 1902 CarswellOnt 192 (Out. Div. Ct.) — referred to $rnaglinski v. Daly, [1970] 2 OR. 275, 10 D.L.R. (3d) 507 (NC.), aff’d [1971] 3 OR. 23$, 20 D.L.R. (3d) 65 (CA.) — considered St. C/air Beach Estates Ltd. v. MacDonald(I974), 5 O.R. (2d)4$2, 50 D.L.R. (3d) 650 (Div. Ct.)— applied Vandeleur v. Sloane, [1919] 1 1.R. 116 (CA.) — referred to I’Villiums v. Thomas, [1909] 1 Ch. 713 (CA.) — considered Statutes considered: Limitation Act, 1939 (U.K.), 2 & 3 Geo. 6, c. 21. Limitations Act, R.S.O. 1980, c. 240— s. 4 V7ti P’. NPXt CANADA Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights resemed. Infrastructure Services (Planning) - Request for Validation ... Page 206 of 238 QAS Management Group Inc. v. Chirico, 1990 CarswellOnt 523 1990 Carswei0nt 523,10 R.P.R. (2d)221, 19 A.C.W.S. (3d) 750,9 O.R. (3d) 171 s. 15 Planning Act, R.S.O. 1960, c. 296— s. 26, as re-en. 5.0. 1960-61, c. 76, S. 1 Planning Act, R.S.O. 1980, c. 379. Short Forms of Conveyances Act, R.S.O. 1980, c. 472. Vendors and Purchasers Act, R.S.O. 1980, c. 520— s. 3 APPLICATION pursuant to Vendor.c and Purchasers Act to determine whether possessory title was established by the operation of the Limitations Act. Gravely D.GJ.: 1 In this application under the Vendors and Purchasers Act, R.S.O. 1980, c. 520, the main issue is whether or not, under the circumstances, possessory title is established by virtue of the operation of the Limitations Act, R.S.O. 1980, c. 240, in the face of a deed which contravenes the Planning Act, R.S.O. 1980, c. 379. The Facts 2 By written agreement dated October 16, 1989, Domenic Chirico agreed to btty 21 Elm Street, Grimsby, Ontario, from OAS Management Group Inc. OAS had purchased the property on October 1, 1980, from Robert Alexander Brydon and Florence Henrietta Mary Brydon, who had in turn purchased it from trustees of the Grimsby Baptist Church on November 2, 1967. 3 The deed to the Brydons and the deed to OAS are expressly pursuant to the Short forms of Conveyances Act, R.S.O. 1980, c. 472. They contain the usual convenants, including that of quiet possession. The land transfer tax affidavits on the deeds indicate consideration of $12,500 on the sale to the Brydons and $54,500 on the sale to OAS. The 4 conveyance from the trustees to the Brydons was in contravention of s. 26 of the Planning Act, R.S.O. 1960, c. 296, as amended, since the trustees retained the ownership of abutting land. The Planning Act 5 Section 26(4) of the Planning Act provided: An agreement, conveyance, mortgage or charge made in contravention of this section or a predecessor thereof does not create or convey any interest in land, but this section does not affect an agreement entered into, subject to the express condition contained therein that such agreement is to be effective only if the provisions of this section are complied with. [as re-en. S.O. 1960-61, c. 76, s. 1] 6 The deed from the trustees to the Brydons, therefore, did not convey any interest in land, nor could the deed from the Brydons to OAS. The Limitations Act, R.S.O. 1930, c. 240 - -Next CANADA Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reseed. Infrastructure Services (Planning) - Request for Validation ... Page 207 of 238 OAS Management Group Inc. v. Chirico, 1990 CarswellOnt 523 1990 CarswellOnt 523, 10 R.P.R. (2d) 221, 19 A.C.WS. (3d) 750, 9 O.R. (3d) 171 7 The relevant sections are 4 and 15: 4. No person shall make an entry or distress, or bring an action to recover any land or rent, but within ten years next after the time at which the right to make such entry or distress, or to bring such action, first accrued to some person through whom he claims, or if the right did not accrue to any person through whom he claims, then within ten years next after the time at which the right to make such entry or distress, or to bring such action, first accrued to the person making or bringing it. R.S.O. 1970, c. 246, s. 4. 15. At the determination of the period limited by this Act to any person for making an entry or distress or bringing any action, the right and title of such person to the land or rent, for the recovery whereof such entry, distress or action, respectively, might have been made or brought withIn such period, is extinguished. R.S.O. 1970, c. 246, s. 15. S if a person’s title is extinguished by the operation of s. 15, the statute does not convey title to the occupant since the sections are negative in operation, but the occupant will obtain title by the fact of possession based on the legal inability of others to eject him. Lord MacNagten in Perry v. ClissotdU9O6), [1907] AC. 73 (P.C.), explained the process as follows [at 79]: It cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner. And if the rightful owner does not come forward and assert his title by process of law within the period prescribed by the Statute of Limitations applicable to the case, his right is forever extinguished, and the possessory owner acquires an absolute title. 9 By themselves and through their predecessors-in-title, OAS has had possession since November 2, 1967. Notwithstanding the defective deed, Mr. Thomas, on behalf of OAS, takes the position that OAS has title by possession in that it has shown (1) actual possession for the statutory period by itself or those through whom it claims; (2) that such possession was with the intention of excluding from possession the owners or persons entitled to possession; (3) discontinuance of possession for the statutory period by the owners and all others, if any, entitled to possession. Trustees’ Right to bring an Action 10 Efftuxion of time under s. 4 could only have begun from the time the trustees first had a right to bring an action for recovery of land. 11 At the time of the conveyance to the Brydons, the following was the position: 12 (1) The trustees had title since the deed could not convey an interest in land; 13 (2) The Brydons had paid their purchase money and were in possession; 14 (3) The trustees had covenanted not to disturb the Brydons’ possession. 15 Is the covenant affected by s. 26 of the Plaiziung Act? In my view, it is not. Section 26(4) does not operate to nullify the deed but oniy to restrict its effect. The granting of possession without title was not prohibited by the Act. Under the circumstances here, it would not, in my view, have been open to the trustees to bring an action to obtain possession. Their only cause of action would have been for a declaration that they still retained paper title as a result of the operation of the Planning Act. Would that be an action “to recover any land”? In Williams v. Thomas, [1909] 1 Ch. 713 (C.A.), Buckley L.J., in an action to enforce an assignment of dower said (at 730) that the expression “to recover any land” means “obtain ... any land by judgment of the court” and is not limited to the meaning “obtain possession of any land by judgment of the court.” In Vandeleur it. $Ioane, [1919] 1 I.R. 116 (C.A.), it was held that an action for declaration of title was an action for recovery of land. Vi: 1 >• CANCOA Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. Infrastructure Services (Planning) - Request for Validation ... Page 208 of 238 OAS Management Group Inc. v. Chirico, 1990 CarswellOnt 523 1990 CarsweOnt 523, 10 R.P.R. (2d) 221, 19 A.C.W.S. (3d) 750, 9 OR. (3d) 171 16 Although the trustees then could have faced a defence of estoppel and a substantial counterclaim, it was open to them to bring an action for a declaration that they had legal title. That action would have been for the recovery of land and therefore caught by s. 4. The time within which the action had to be brought began to run when the transaction closed in November 1967. 17 The first requirement for possessory title under the Limitations Act — the right of the person out of possession to bring an action for recovery of land is therefore met. “Adverse” Possession 18 Mr. Janzen, on behalf of Chirico, argues that to provide a right under the Limitations Act, possession of the Brydons would have to be tortious, that it would have to be contrary to someone’s interest and that someone would have to have a right to possession. Here, he says, the trustees were never dispossessed. They lost their right to possession when they gave the deed and received their purchase moneys. The Brydons were in possession on consent. It was not ‘adverse” possession. 19 Mr. Janzen referred to Gray v. Richford (1278), 2 S.C.R. 431. The facts are as follows. 20 James Gray was the owner of farm a property in East Hawkesbury. He devised the land to his son John, but if John were to die childless, then to James’ son Thomas. Meanwhile James’ son Adam was in possession. Before the running of the time necessary to give Adam possessory title, Adam purchased the land from John and accepted a deed with the usual covenants. It was held that the giving of the deed stopped the running of the statute, and Adam was entitled to receive only the limited estate that John could provide by the deed.” Strong J. said at 453-455: The defence of the Statute of Limitations has, in my judgment, entirely failed ... If, therefore, there had been nothing to interrupt the running of the Statute, a title under it would have been acquired by Adam Gray, or the defendant, McConnell, in 1868. That there was such an interruption, however, seems very clear. In 1862, Adam Gray, being then in possession, took a conveyance from John Gray, the devisee in fee, subject to the gift over to the Plaintiff, under the will of James Gray. It appears to me that from the date of this deed the Statute of Limitations was out of the question. Mr. Justice Patterson quotes from Baron Parke’s judgment in Smith v. Lloyd (I) this passage: There must be both absence of possession by the person who has the right and actual possession by another, whether adverse or not, to be protected, to bring the case within the Statute. This authority does not controvert what I have just propounded, for in order that the Statute may operate against the owner out of possession, actual possession in fact in another is essential, in order that the rule of law which attributes a possession actually vacant to the person who has the legal title may be rendered inapplicable. Then, applying this view of the Statute to the facts before the Court on this Appeal, let me inquire who was the owner out of possession between the 31st of March, 1862, the date of the deed from John Gray to Adam Gray, and the 14th September, 1274, the day on which John Gray is proved to have died, to be affected by the Statute? Not John Gray, for he had conveyed to Adam, not the P1aintiff for his possessory title had not accrued. There was, therefore, no one whom the Statute could affect. It had ceased to operate, for the possession was rightful from that date. 21 Henry J. said at 460: A party is not penuitted to continue in possession under a deed, and afterwards say that he acquired the property by a possessory title. And at 461: CANADA Copyright © Thomson Reuters Canada Limited or its licensors (excluding ndwiduel coed documents). All rights resereed. Infrastructure Services (Planning) - Request for Validation ... Page 209 of 238 OAS Management Group Inc. v. Chirico, 1990 CarswellOnt 523 1990 CarswellOnt 523, 10 R.P.R. (2d) 221, 19 A.C.W.S. (3d) 750, 9 OR. (3d) 171 Although by the Statute it is only necessary to show the Plaintiff out of possession twenty years, and there is now no question of adverse possession, is there evidence that, in this case, the parties through whom the Appellant claims were so out of possession? I think not. Adam, in the first place, admits the title of his father by receiving possession from him, as his tenant at will, and John, as his devisee, would be entitled to claim the benefit of that admission, and Adam in purchasing the land from bun, by his own act admits John’s title as well as that of his father; and virtually agrees to hold the land as grantee of John. Johns title being then vested in him, and the party (if any) entitled as executory devisee not being able to claim during the life of Joim, there is no one against whom the Statute will run, for the title and possession are both in the same party. 22 I am not satisfied that Gray v. BichJotd, supra, when examined in relation to its facts, goes much beyond the proposition that it is not possible to claim possessory title when in possession under a valid deed. The rationale is that there is no one against whom the statute can run. Here, however, the deed was defective in passing title. 23 In Bridges . Mees, [19571 Ch. 475, [1957] 2 All E.R. 577, the plaintiff was in possession pursuant to an oral agreement of sale under which he had paid on an instalment basis the purchase price of seven pounds. He had no deed and set up a claim under the Limitation Act 1939 (U.K.), 2 & 3 Geo. 6, c. 21. 24 The defendant argued there was no adverse possession as it was based on lawful entry under the oral contract. 25 Harman J. found that while the original possession may have been with the vendors leave and licence, as soon as the purchase price was paid in full, the vendor’s lien disappeared and the time under the statute began to run. 26 A somewhat similar result was reached in Smaglinski v. Dcdy, [1970] 2 OR. 275, 10 D.L.R. (3d) 507 (H.C.), affd [1971] 3 OR. 238, 20 D.L.R. (3d) 65 (C.A.). There, there was an oral agreement between brothers to exchange portions of their farm land. The arrangement was implemented by the taking of possession and planting of crops, but no deeds were exchanged. In spite of the fact that possession was consensual, Osler I. found that possessory title was established. At 282 [[1970] 2 OR.] he said: By analogy I think it can be said that a person who remains in exclusive possession, even though uncertain of his right to do so, can nevertheless acquire a possessory title. In the present case, Joseph Norlock, though uncertain of and quite probably unconcerned about the precise legal nature of his occupancy, did act in a manner entirely consistent with ownership in clearing and sowing the land, and there is no evidence whatever that his right to do so was questioned at any time by Philip Norlock, owner of the paper title. 27 Tn licGugan v. Turner (1947), [1948] OR. 216, [1948] 2 D.L.R. 338 (H.C.), two sons took possession of adjoining parcels under the will of their father. There was ambiguity in the will as to the boundary. Smily J. held the boundary was established by possession. The fact that the sons were in possession by mutual mistake was not a defence to the operation of the statute. {W]here the statute does not require it to be shown that the possession was adverse and not with acquiescence or permission: see Martin i Weld et al. (1860), 19 U.C.Q.B. 631 at 632. This, of course, applies to the present statute. [at 221, OR.] Smily J., (at 222) also quoted with approval the general principle mentioned by Lord MacNaghten in Perry v. Clissold, supra. 28 In Raab v. Caranci (1977), 24 OR. (2d) 86, 97 D.L.R. (3d) 154 (H.C.), affd without written reasons (1979), 24 O.R. (2d) $32, 104 D.L.R. (3d) 160 (CA.), the plaintiff built a brick wall and installed pavement over the boundary line on the defendant’s lands. There was mutual mistake as to the true boundary, and no objection was made by the defendant. Lerner J. found possessory title in the plaintiff and quoted with approval [24 OR. (2d) 86 at 90] the three principles outlined in PJJug v. Collins, [19521 OR. 519, [1952] 3 D.L,R. 681 (H.C.), affd [1953] OWN. 140, [1953] 1 D.L.R. 841 (CA.), namely that the plaintiff must show: VJ Next CCNADA Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. Infrastructure Services (Planning) - Request for Validation ... Page 210 of 238 OAS Management Group Inc. v. Chirico, 1990 CarswellOnt 523 1990 CarswellOnt 523, 10 R.P.R. (2d) 221,19 A.C.W.S. (3d) 750, 9 OR. (3d) 171 (1) Actual possession for the statutory period by themselves and those through whom they claim; (2) that such possession was with the intention of excluding from possession the owners or persons entitled to possession; and (3) discontinuance of possession for the statutory period by the owners and all others, if any, entitled to possession. 29 Again, a consent to possession was not considered a bar to the operation of the statute. 30 In Beaj,dojn v. Aithin (1921), 33 OR. (2d) 604, 21 R.P.R. 78, 125 D.L.R. (3d) 277 (H.C.), abutting owners were in mutual error as to the location of the boundary. The deeds indicated a 4.7-foot strip was a part of the defendants’ land. The plaintiffs were in lengthy possession of the strip, and it had been fenced. Both parties had believed the strip belonged to the plaintiffs. 31 In defence of the plaintiffs action for possessory title, the submission was the statute did not run during the period of mutual mistake, in that there was no intention to exclude the true owner. 32 In addressing the issue of adverse possession, Anderson I. conducted a detailed review of statutes of limitation in England and in Canada and of the decided cases. He said, on the plain wording of the statute, the title of the defendants’ was extinguished since, at any time during the possession of the plaintiffs, the predecessors-in-title of the defendants could have brought an action and failed to do so. Anderson J. went on, however, to consider the defence that, because of the mutual misapprehension as to title, the possession was not “adverse” in that the animus possidendi lacked the essential element of intention to exclude the true owner. He pointed out that the old law prior to the statutes gave a technical meaning to the words, ‘adverse possession”, which was abolished by the statutes. Now, he said, (at 614-615, OR.) “given its broadest interpretation, it requires proof that the true owner has been dispossessed or has discontinued possession.” 33 As to the necessity of the specific intent to exclude the true owner, Anderson J. reviewed the judgment of the Divisional Court in St. C/air Beach Estates Ltd. v. MacDonald(1974), 5 OR. (2d)4$2, 50 D.L.R. (3d) 650. There, Pennell J. approved the three principles set out in PJlug v. Collins, supra, and more specifically the requirement that there must be the intent to exclude owners from possession. In the case before Anderson J. [Beaudoin v. Aubin, supra], it was argued that if the plaintiffs had no knowledge of the legal rights of the predecessors-in-title to the defendants, they could have had no intention to exclude them from possession. Anderson J. said that the judgment of Pennell J. was “not inconsistent with the conclusion that where there is possession with the intention of holding for one’s benefit, excluding all others, the possession is sufficient and the animus is presumed. If it were necessary to say so, one could say of such a situation that the intention ipso facto included the intention to exclude the true owner even if his rights were unknown to the person in possession,” (617). And, at 619-620: [TJhe defence has propounded the argument that, before a party can successfully rely on ss. 4 and 15 of the statute, he must establish a subjective intention, with knowledge of the rights of the plaintiff present to his mind, to occupy in defiance or denial of those rights. No case which I have considered, when one looks to the facts, supports that proposition, and it is utterly inconsistent with the decisions in Martin v. Weld, Babbitt v. Clarke, Nourse v. Clark, and McGugan i’. Turner, supra. In the result, Anderson J. granted the plaintiffs’ declaration of title based on possession. 34 While Beaudoin u. Aubin, as counsel indicates, is a case of encroachment and not one of infirmity of a deed, in my view the comments made by Anderson J. have general application and, in my respectful view, notwithstanding dicta in Gray v. RichJrd, correctly expressed the law that applies to the facts at Bar. 35 My review of the legislation and of the cases I have mentioned leads me to the following conclusions: 36 (1) The Limitations Act makes no mention of a necessity for possession to be “adverse”. 37 (2) Nonetheless, for the statute to apply, there must be an element of adversity in that the possessor must establish the intention of exclttding all others (including the title-holders) from the property. :cNext CANADA Copyright Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. Infrastructure Services (Planning) - Request for Validation ... Page 211 of 238 OAS Management Group Inc. v. Chirico, 1990 CarswellOnt 523 1990 CarswellOnt 523, 10 R.P.R. (2d) 221, 19 A.C.W.S. (3d) 750, 9 OR. (3d) 171 38 (3) When a person is in possession in the assumed character of owner and exercising peaceably the ordinary rights of ownership for the statutory period, then possessory title is obtained even if the possession is consensual or due to mistake. 39 Here the purchasers were in possession under a deed that was defective in granting title due to the operation of the Planning Act. The purchasers and their successors-in-title acted as owners and clearly had the intention of excluding all others including the vendors, the trustees of the church. The trustees made no effort to assert any right in the property. 40 Under those circumstances, I am satisfied that it has been established that the title of the trustees has been extinguished by the operation of s. 15 and that OAS has good title to the property. Obligation On Vendor To Obtain Planning Act Consent 41 Clause 12 of the agreement of purchase and sale provides: Provided that this Agreement shall be effective to create an interest in the property only if the subdivision control provisions of The Planning Act are complied with by Vendor on or before completion, and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. Mr. Janzen argues that whether or not there is possessory title, the vendor is obliged to apply to the Land Division Committee to obtain a consent to remedy the breach of the PlanningAct, and that the purchaser cannot be compelled to accept a “lesser” title based on possession. He relied on Hogg v. Wilken, 5 OR. (2d) 759, 51 D.L.R. (3d) 511 (H.C.). There, Lemer J. found that vendors were not acting in good faith in failing to proceed with an application to the Land Division Committee of Bruce County to permit severance, and he issued a mandatory order that the application be brought. 42 1 do not think that case greatly assists Mr. Janzen’s position. Here OAS has title, acquired through possession. It is valid as as a title obtained by deed and, as said in Rankin v. Sterling (1902), 3 O.L.R. 646 (Ont. Div. Ct.), is one which may be forced on any unwilling purchaser. It is not necessary to make any application to the Land Division Committee as set out in clause 12 of the agreement. 43 In the result then, an order will go under s. 3 of the Vendors and Purchasers Act, as amended, declaring that the applicant has shown a good title in accordance with the terms of the agreement of purchase and sale and that the respondent’s requisition on title has been satisfactorily answered. 44 Counsel may speak to costs if they wish. Order accordingly. End of Document C)pyr1ght C Fliotitsot, Rcuters Canada Liittitd or its liceimsors (excludittg individual court documents). All rights reserved. ic NeXt &INADA Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. Infrastructure Services (Planning) - Request for Validation ... Page 212 of 238 Staff Report to Council To: Mayor Schermerhorn and Members of Council Date: August 22, 2017 Prepared By: Susan Beckel, Clerk Presented By: Susan Beckel, Clerk Re: Community & Corporate Services - Request to Rename Mill Street East Staff Recommendation: That Council receive for information the Community & Corporate Services - Request to Rename Mill Street East report; And further that Council provide direction regarding the request from the Royal Canadian Legion Branch 137 to rename Mill Street East in honour of Sergeant Jason Boyles. Financial Implications: Upon review, there are no financial implications. Accessibility Implications: This report may be available in alternate format upon request. Information Technology Implications: Upon review, there are no information technology implications. Energy Management Implications: Upon review, there are no energy management implications. Background Information: At the meeting on February 14, 2017 adopted the following resolution regarding a request from the Royal Canadian Legion Branch 137 dated January 31, 2017 to rename Mill Street East after Sergeant Jason Boyles. RESOLUTION #62/17: Schenk & Cole That Council receive for information the correspondence from the Royal Canadian Legion Branch 137 dated January 31, 2017 requesting to rename a street in honour of Sergeant Jason Boyles; And further that Council direct staff to review the request in accordance with the Town's Street Naming Policy and report back to Council, including options for naming parks. CARRIED. Community & Corporate Services - Request to Rename Mill Stre... Page 213 of 238 For information (taken from the Legion’s letter of request), Sergeant Boyles was a member of the 2nd Battalion of the Princess Patricia’s Canadian Light Infantry in Shilo Manitoba. He was killed by an explosive device while on a joint presence patrol approximately 35 kilometeres south west of Kandahar City in Kandahar Province Afghanistan. Of the 158 Canadians killed in action, Sergeant Boyles is the only one from Napanee. Discussion The request was circulated internally to the Emergency Services and Infrastructure Services departments, as well as to the County of Lennox & Addington and neighbouring municipalities: Loyalist Township, Township of Stone Mills and Town of Deseronto. The following points are for Council’s consideration: ▪ It appears that Mill Street has been named since August 1859, when Plan 82 of the Napanee Village in the Township of Richmond was registered. ▪ Such a change, from a civic addressing/emergency services standpoint would be challenging. ▪ If Council did agree to rename the street, the following businesses/operations would be impacted by address changes: Napanee Carpet Warehouse, Salvation Army, Royal Canadian Legion Branch 137, L&A Mutual Insurance Co., and the residence at 38 Mill Street East. Community & Corporate Services - Request to Rename Mill Stre... Page 214 of 238 ▪ Mr. Ingersoll has indicated that he has spoken with the family of Sergeant Boyles and they are supportive of the Legion’s request to honour him. ▪ The Legion and the County of Lennox & Addington are holding a dedication ceremony at the Cenotaph on September 18, 2017 in honour of Sergeant Boyles. Given this information, staff does not recommend that Mill Street East be renamed; however Council could consider the naming of a park area in honour of Sergeant Boyles. An area that Council may wish to consider would be the Town waterfront land at 18 Water Street, which is in relatively close proximity to the Royal Canadian Legion building on Mill Street. Community & Corporate Services - Request to Rename Mill Stre... Page 215 of 238 Staff Report to Council To: Mayor Schermerhorn and Members of Council Date: August 11, 2017 Prepared By: Lyndsay Tee, Economic Development Coordinator Presented By: James Timlin, General Manager of Community & Corporate Services Re: Greater Napanee Pickleball League – Fall/Winter Programming Staff Recommendation: That Council receive for information the Community & Corporate Services - 2017 Greater Napanee Pickleball League – Fall/Winter Programming report; And further that Council approve: • The Town operating an adult Pickleball league to be ran out of Southview Public School from September 2017 – May 2018. • And further that the costs associated with the program be funded from the 2017/2018 programming budget; Financial Implications: Summary of financial implications: Program Expense: Equipment Costs: $0.00 – use equipment Town purchased for pilot program Custodial Fees: $0.00 – Week day rental Rental Fee: $20.59 per hour x 2hrs. per week = $41.18 per week Total Weekly Rental: $41.18 Total 35 Week Program: $1,441.30 Projected Program Revenue: Attendance based on the lowest turnout during the 2017 summer pilot program; $3.00 per player x 20 players = $$60.00 $60.00 x 35 weeks = $2,100.00 Using this model, the Town of Greater Napanee can offer the program with no costs incurred. Community & Corporate Services - Pickleball Page 216 of 238 To be a break-even program we would need to have a minimum of 14 participants per week to cover the expenses. Based on the summer pilot attendance and feedback, we are confident that we should be able to meet the attendance requirements. Accessibility Implications: This report may be available in alternate format upon request. Information Technology Implications: Upon review, there are no information technology implications. Energy Management Implications: Upon review, there are no energy management implications. Background Information: In May 2017, the Department of Community & Corporate Services received Council approval to operate a Greater Napanee Pickleball League Pilot Program. The program will wrap up August 31st and will have ran for a three-month period. The program continues to be very successful and the popular activity is a hit within our senior community. On average 25 participants attended per session. Many of the participants have now discovered their love for the sport and have purchased their own paddles and shoes for the game. The support received from Pat Moore, Bill Casselman, Jean & Rob Hudson, and Bill Ryan was instrumental in the success of the program. Without these citizens volunteering and dedicating their time, the program would not exist. The Department of Community & Corporate Services would like to formally thank them for their dedication and support. Discussion: Continuing with the success of the summer pilot program, the Department of Community & Corporate Services is seeking Council approval to continue the adult Pickleball League into the fall/winter of 2017/2018. Equipment: In May Council approved the purchase of 4 nets, 8 paddles and 2 dozen balls. With the Town now owing the equipment, no additional equipment costs would be incurred. Proposed Location: The Department of Community & Corporate Services have submitted a date request to the Limestone District School Board for the usage of the Southview Public School gymnasium. The requested date is available pending Council’s approval. If Council approves the continuation of the adult program, the league will be able to play Tuesday evenings from September until May from 6:00pm – 8:00pm at the Southview Public School (pending signed contract). The Town would be charged $20.59 per hour, a total of $41.18 for the weekly program. Program Schedule & Fee: We propose continuing with the same model used for the summer pilot program: Community & Corporate Services - Pickleball Page 217 of 238 • Drop-in style of play (at Southview Public School) for the months of September, October, November, December 2017, January, February, March, April, May 2018. • Tuesday evenings from 6 pm – 8 pm • Charging participants $3.00 per person, per drop-in Insurance: Being a program under the Town of Greater Napanee, it is assumed that the program and its participants will be covered under the Town’s liability and accident insurance plan. Volunteer Support: Pat Moore and his team are very eager to see this program continue and has very kindly agreed to be our volunteer program coordinator. He will be responsible for ensuring that the facility is open and the equipment is set-up and ready for play each Tuesday evening. In addition, he has agreed to collect the drop-in fee from participants, keep an attendance list and ensure fun, safe play during game times. At the end of each session, he will tidy the facility and bring the attendance list and collected money to the Department of Community & Corporate Services. Through the nine months, the staff at the Department will work closely with Pat to provided any needed support required to ensure a safe and successful program. If at anytime Pat Moore is not available or decides he no longer wants to offer his volunteer support, the Special Events/Program Assist will takeover the responsibly and carry out the program schedule. Report Summary: Summary of requests: In closing, the Department of Community & Corporate Services is seeking Council support to work with Pat Moore to continue the success of the adult Pickleball League and to continue the program until May 2018. Community & Corporate Services - Pickleball Page 218 of 238 Staff Report to Council To: Mayor Schermerhorn and Members of Council Date: August 22, 2017 Prepared By: James Timlin, G. M. of Community & Corporate Services Presented By: James Timlin, G. M. of Community & Corporate Services Re: Community & Corporate Services - Disposal of Old Laptops Staff Recommendation: That Council receive for information the Community & Corporate Services - Disposal of Old Laptops report; And further that Council approve the Policy contained within the report. Financial Implications: Revenue from the sale of the laptops. Accessibility Implications: This report may be available in alternate format upon request. Information Technology Implications: Upon review, there are no information technology implications. Energy Management Implications: Upon review, there are no energy management implications. Background Information: Staff have been inquiring about purchasing their old laptops that are being replaced this year. These laptops are 5 or more years old. Twenty laptops are to be replaced this year. We would like to retain 6 laptops as back ups for the Emergency Command Centre. The following Policy is being recommended: 1. The employee may purchase their own computer for $100. The employee knows the condition of the computer and it may be an incentive for them to take better care of the laptop. 2. If the employee does not wish to purchase their computer than it would be put up for auction internally. A minimum bid of $20 would be established. Community & Corporate Services - Disposal of Old Laptops Page 219 of 238 3. If after the internal auction there are computers still available they then will be advertised on Gov Deals an auction site for surplus government equipment. Laptops on the site are having bids between $20 and $30. There is a 7% fee to list the item. It should be noted that the laptops will be wiped clean and will only have the Windows operating system software. Community & Corporate Services - Disposal of Old Laptops Page 220 of 238 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2017-0036 BEING A ZONING BY-LAW AMENDMENT TO BY-LAW NO. 02-22 127 Milligan Lane Part of Park Lot 12, Parts 1 and 2 on 29R-5374, Town of Greater Napanee Prepared by: IBI GROUP 650 Dalton Avenue Kingston, Ontario K7M 8N7 Project No.111260 By-law No. 2017-0036 - To Amend Zoning By-law No. 02-22, 127... Page 221 of 238 TOWN OF GREATER NAPANEE EXPLANATORY NOTE TO BY-LAW NUMBER 2017-0036 PURPOSE OF THE ZONING BY-LAW AMENDMENT A rezoning application (PLZACO 2017 025) was received from McCully Cabinet Ltd. to amend Zoning By-law 02-22 for a parcel of land located at 127 Milligan Lane within the Napanee Industrial Park. The subject lands are the site of McCully Cabinets, a custom cabinetry business which includes a showroom/office for the retail of cabinets as well as on-site cabinet making. The applicant is proposing an addition to the existing building. In consulting with the Town with respect to the proposed addition, the applicant was advised the existing use is non-conforming. The proposal is to amend the zoning to recognize the existing cabinet making use. The site is designated Industrial in the Town of Greater Napanee Official Plan and is zoned Business Park (BP) in Zoning By-law 02-22. The BP Zone permits a wide variety of uses. The subject property would be rezoned to a site-specific Business Park (BP-7) Zone to permit a workshop for cabinet making. EFFECT OF THE BY-LAW REQUEST The Zoning By-law Amendment recognize an existing non-conforming use by permitting a cabinet making workshop use on the subject property. LOCATION OF PROPERTY The property is located at 127 Milligan Lane within the Napanee Industrial Park. The lands are legally described as Part of Park Lot 12, and Parts 1 and 2 on 29R5374, in the Town of Greater Napanee (see key map). Town of Greater Napanee By-law No. 2017-0036 Page 2 of 6 By-law No. 2017-0036 - To Amend Zoning By-law No. 02-22, 127... Page 222 of 238 TOWN OF GREATER NAPANEE BY-LAW NUMBER 2017-0036 BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 02-22 WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to amend Zoning By-law 02-22 to rezone certain lands to recognize an existing non-conforming cabinet-making use. AND WHEREAS it is necessary to amend By-law 02-22 by placing the subject lands within an appropriate site-specific Business Park (BP-7) Zone; AND WHEREAS it is necessary to revisit the range of uses to be permitted on the site; NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows: 1. THAT Schedule 10 of By-law 02-22 is hereby amended by changing to BP-7 the zone symbol of the lands shown as “Zone Change to BP-7” on Schedule ‘A’ attached hereto and forming part of this by-law; 2. THAT, Section 5.26.6 Exception Provisions – Business Park Zone is hereby amended by the addition of the following new subsection following 5.26.6.6: 5.26.6.7 Business Park Exception Seven (BP-7) Zone 127 Milligan Lane; Part of Park Lot 12, Town of Greater Napanee Within the BP-7 Zone the following provisions apply: a) Uses Permitted The uses permitted include: • Uses permitted in the Business Park (BP Zone) • Custom Cabinet Making Facility b) Definitions “Custom Cabinet Making Facility” means a building or part of a building where the assembly of cabinets from pre-fabricated materials is performed, which may include the cutting of panels to custom lengths and sizes and painting, staining or finishing, but shall not include the processing of raw materials. The use may include an accessory office and accessory showroom for the retail sale of cabinets and related retail goods. Town of Greater Napanee By-law No. 2017-0036 Page 3 of 6 By-law No. 2017-0036 - To Amend Zoning By-law No. 02-22, 127... Page 223 of 238 3. This By-law shall come into force and take effect on its date of passing, subject to: • the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.P.13, as amended, in the event a notice of appeal of this by-law is filed in accordance with subsection 34(19) of the Act. Read a first time this 22nd day of August, 2017 Read a second time and passed this 22nd day of August, 2017 Gordon Schermerhorn, Mayor ______Susan Beckel, Clerk Town of Greater Napanee By-law No. 2017-0036 Page 4 of 6 By-law No. 2017-0036 - To Amend Zoning By-law No. 02-22, 127... Page 224 of 238 Town of Greater Napanee By-law No. 2017-0036 Page 5 of 6 By-law No. 2017-0036 - To Amend Zoning By-law No. 02-22, 127... Page 225 of 238 Town of Greater Napanee By-law No. 2017-0036 Page 6 of 6 By-law No. 2017-0036 - To Amend Zoning By-law No. 02-22, 127... Page 226 of 238 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NO. 2017-0037 BEING A ZONING BY-LAW AMENDMENT TO BY-LAW NO. 02-22 520 County Road 8 Part of Lots 18 and 19, Concession 6 Geographic Township of North Fredericksburgh, Town of Greater Napanee Prepared by: IBI GROUP 650 Dalton Avenue Kingston, Ontario K7M 8N7 Project No.111360 By-law No. 2017-0037 - To Amend Zoning By-law No. 02-22, Par... Page 227 of 238 TOWN OF GREATER NAPANEE EXPLANATORY NOTE TO BY-LAW NUMBER 2017-0037 PURPOSE OF THE ZONING BY-LAW AMENDMENT A rezoning application (PLZACO 2017 028) was received from Scherdale Enterprises Ltd. to amend Zoning By-law 02-22 for a 0.68 ha parcel of land to be severed from the subject property located at 520 County Road 8. The subject lands are largely vacant apart from two buildings which formerly accommodated a driving range use. The parcel to be severed is designated Environmentally Sensitive Area and Rural in the Town of Greater Napanee Official Plan and is zoned Environmental Protection (EP) and site-specific Rural (RU-14) in Zoning By-law 02-22. The site-specific zoning permits a number of rural uses including a golf driving range but mini storage warehouses are not a permitted use. The parcel to be severed would be rezoned a site-specific Rural Industrial (M3-7) Zone to be consistent with the parcel to which the lands are being added and to permit the expansion of the mini storage warehouse use. EFFECT OF THE BY-LAW REQUEST The Zoning By-law Amendment will permit the expansion of the existing mini storage warehouse use on the adjacent property to which the 0.68 ha severed parcel is being added. LOCATION OF PROPERTY The property is located at 520 County Road 8. The lands are legally described as Part of Lots 18 and 19, Concession 6, Geographic Township of North Fredericksburgh, in the Town of Greater Napanee (see key map). Town of Greater Napanee By-law No. 2017-0037 Page 2 of 5 By-law No. 2017-0037 - To Amend Zoning By-law No. 02-22, Par... Page 228 of 238 TOWN OF GREATER NAPANEE BY-LAW NUMBER 2017-0037 BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 02-22 WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to amend Zoning By-law 02-22 to rezone certain lands to permit the expansion of a mini warehouse storage use; AND WHEREAS the Council of the Corporation of the Town of Greater Napanee deems it advisable to amend Zoning By-law No. 02-22, as amended; AND WHEREAS it is necessary to amend By-law 02-22 by placing the subject lands in the appropriate site-specific Rural Industrial Exception Seven (M3-7) Zone; NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows: 1. THAT Schedule 13 of By-law 02-22 is hereby amended by changing to “M3-7” the zone symbol of the lands shown as “Zone Change to M3-7” on Schedule ‘A’ attached hereto and forming part of this by-law; 2. THIS By-law shall come into force and take effect on its date of passing, subject to • the provisions of subsections 34(30) and (31) of the Planning Act, R.S.O. 1990, c.P.13, as amended, in the event a notice of appeal of this by-law is filed in accordance with subsection 34(19) of the Act. Read a first time this 22nd day of August, 2017. Read a second time and passed this 22nd day of August, 2017. Gordon Schermerhorn, Mayor ______Susan Beckel, Clerk Town of Greater Napanee By-law No. 2017-0037 Page 3 of 5 By-law No. 2017-0037 - To Amend Zoning By-law No. 02-22, Par... Page 229 of 238 Town of Greater Napanee By-law No. 2017-0037 Page 4 of 5 By-law No. 2017-0037 - To Amend Zoning By-law No. 02-22, Par... Page 230 of 238 Town of Greater Napanee By-law No. 2017-0037 Page 5 of 5 By-law No. 2017-0037 - To Amend Zoning By-law No. 02-22, Par... Page 231 of 238 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NUMBER 2017-0038 BEING A BY-LAW UNDER SECTION 57 OF THE PLANNING ACT (VALIDATION) WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to validate title for a parcel described as Part Lot Lettered A, Concession 2, Adolphustown, Greater Napanee; AND WHEREAS the use of the subject lands is consistent with the intent of the Official Plan and is considered to be legal non-complying with respect to the Zoning By-law; AND WHEREAS it is necessary to validate the title of the lands as requested; NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows: 1. THAT Council hereby makes an Order under Section 57 of the Planning Act for a Certificate of Validation, as attached, in respect to the lands described herein and forming part of the by-law. 2. THIS By-law shall come into force and take effect on its date of passing hereof. Read a first time this 22nd day of August, 2017. Read a second time and passed this 22nd day of August, 2017. ______Gordon Schermerhorn, Mayor ______Susan Beckel, Clerk By-law No. 2017-0038 - By-law under Section 57 of The Planni... Page 232 of 238 CERTIFICATE OF VALIDATION THE PLANNING ACT ORDER OF THE COUNCIL FOR THE CORPORATION OF THE TOWN OF GREATER NAPANEE MADE UNDER SECTION 57 OF THE PLANNING ACT, R.S.0.1990, c.P.13, AS AMENDED ORDER A contravention of section 50 of the Planning Act, or a predecessor thereof, or of a by- law passed under a predecessor of said section 50 or of an order made under clause 27(l)(b), as it read on the 25th day of June, 1970, being Chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, does not have and shall be deemed never to have had the effect of preventing the conveyance of, or creation of any interest in the parcel of land described as follows: Part Lot Lettered A, Concession 2, Adolphustown, Greater Napanee as shown on the attached Schedule ‘A’ to this by-law (“Subject Site”), based on a Plan of Survey prepared by Ranson and Watson, Ontario Land Surveyors and dated December 4, 1964. ______Susan Beckel (Clerk) Dated at the Town of Greater Napanee on this 22nd day of August, 2017. Town of Greater Napanee By-law No. 2017-0038 Page 2 of 3 By-law No. 2017-0038 - By-law under Section 57 of The Planni... Page 233 of 238 Page 234 of 238 of 234 Page Planni... The of 57 Section under By-law - 2017-0038 No. By-law Town of Greater Napanee By-law No. 2017-0038 Page 3 of 3 THE CORPORATION OF THE TOWN OF GREATER NAPANEE BY-LAW NUMBER 2017-0039 BEING A BY-LAW UNDER SECTION 57 OF THE PLANNING ACT (VALIDATION) WHEREAS the Council of the Corporation of the Town of Greater Napanee received a request to validate title for a parcel described as Part of Lot Lettered “A”, Concession 2, Adolphustown, Greater Napanee; AND WHEREAS the use of the subject lands is consistent with the intent of the Official Plan and is considered to be legal non-complying with respect to the Zoning By-law; AND WHEREAS it is necessary to validate the title of the lands as requested; NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee enacts as follows: 1. THAT Council hereby makes an Order under Section 57 of the Planning Act for a Certificate of Validation, as attached, in respect to the lands described herein and forming part of the by-law. 2. THIS By-law shall come into force and take effect on its date of passing hereof. Read a first time this 22nd day of August, 2017. Read a second time and passed this 22nd day of August, 2017. ______Gordon Schermerhorn, Mayor ______Susan Beckel, Clerk By-law No. 2017-0039 - By-law under Section 57 of The Planni... Page 235 of 238 CERTIFICATE OF VALIDATION THE PLANNING ACT ORDER OF THE COUNCIL FOR THE CORPORATION OF THE TOWN OF GREATER NAPANEE MADE UNDER SECTION 57 OF THE PLANNING ACT, R.S.0.1990, c.P.13, AS AMENDED ORDER A contravention of section 50 of the Planning Act, or a predecessor thereof, or of a by- law passed under a predecessor of said section 50 or of an order made under clause 27(l)(b), as it read on the 25th day of June, 1970, being Chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, does not have and shall be deemed never to have had the effect of preventing the conveyance of, or creation of any interest in the parcel of land described as follows: Part Lot Lettered A, Concession 2, Adolphustown, Greater Napanee as shown on the attached Schedule ‘A’ to this by-law (“Subject Site”), based on a Plan of Survey prepared by Ranson and Watson, Ontario Land Surveyors and dated December 4, 1964. ______Susan Beckel, Clerk Dated at the Town of Greater Napanee on this 22nd day of August, 2017. Town of Greater Napanee By-law No. 2017-0039 Page 2 of 3 By-law No. 2017-0039 - By-law under Section 57 of The Planni... Page 236 of 238 Page 237 of 238 of 237 Page Planni... The of 57 Section under By-law - 2017-0039 No. By-law Town of Greater Napanee By-law No. 2017-0039 Page 3 of 3 The Corporation of the Town of Greater Napanee By-law No. 2017-0040 A By-Law to Confirm the Proceedings of the Council of The Corporation of the Town of Greater Napanee at a Regular Council Meeting Held August 22, 2017 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the “Municipal Act, 2001”), gives Council the authority to exercise the powers of the municipal corporation and requires that the powers of every Council are to be exercised by by-law; AND WHEREAS Council has passed By-law No. 2008-58, being a By-law to Govern the Calling, Place and Proceedings of Council and Committees of Council and the Conduct of its Members; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Greater Napanee at this meeting be confirmed and adopted by by-law; NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee enacts as follows: 1. That the actions of the Council of The Corporation of the Town of Greater Napanee, at a Regular Council Meeting held on August 22, 2017 in respect of each motion and resolution passed and other actions taken by the Council of the Town of Greater Napanee at this meeting, are hereby adopted and confirmed, as if all such proceedings were expressly embodied in this by-law. 2. That the proper officials of the Town of Greater Napanee are hereby authorized and directed to do all things necessary to give effect to the actions of the Council of The Corporation of the Town of Greater Napanee, referred to in the preceding section. 3. That the Mayor, or in the absence of the Mayor, the Deputy Mayor and the Clerk, or in the absence of the Clerk, the Deputy Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Greater Napanee. 4. That this by-law shall come into force and take effect on the date it is finally passed. Read a first and second time and finally passed this 22nd day of August 2017. ______Gordon Schermerhorn, Mayor Susan Beckel, Clerk A By-law to Confirm the Proceedings of the Council of the Co... Page 238 of 238