Town of Penetanguishene Special Council Agenda Wednesday, July 9, 2008

TOWN OF PENETANGUISHENE SPECIAL COUNCIL AGENDA WEDNESDAY, JULY 9, 2008

Please be advised that in accordance with Procedural By-law 2008-09, a Special Council Meeting of the Council of the Town of Penetanguishene will be held on Wednesday, July 9, 2008 at the hour of 4:30 p.m. in the Committee Room, 10 Robert Street West, Penetanguishene.

A G E N D A Page

1. CALL TO ORDER

2. MINUTES

i) Planning and Development Section Minutes (Draft) 7-12 - June 16, 2008 Receive for information

3. PRESENTATIONS AND PLANNING MATTERS

13-17 i) 4:30 p.m. - 2008 Strategic Plan Review - Part 2 ii) 7 p.m. - Presentation by McNair & Marshall Planning & Development 18-25 Consultants re: Growth Management Study - Options Report iii) Presentation by Southern Georgian Bay Chamber of Commerce re: 26-29 Georgian Bay Destination Development 4. COMMUNICATIONS AND CORRESPONDENCE

i) Notice of Open Houses to Review Information Related to a Proposed 30 New Official Plan for the County of Simcoe Receive for information

5. REPORTS OF COMMITTEES

Page 1 of 76 Page

5. REPORTS OF COMMITTEES

i) Report from Director of Public Works regarding request for Road 31 Closure for Huronia Triathlon on July 6, 2008 THAT as per the recommendation of the Transportation & Environmental Services Section, Council:

1. Receives and endorses the report authorizing the road closure for the Huronia Triathlon;

2. Directs the Public Works Department, the O.P.P. (Ontario Provincial Police) and Penetanguishene Fire Department be so notified.

ii) Report from Director of Public Works regarding purchasing of 32-33 remainder LED Streetlights THAT as per the Transportation & Environmental Services Section Council approves the purchase of 274 LED streetlights from Ruud Lighting Canada at a cost of $319,210.

iii) Report from Manager of Capital Project regarding Watermain 34-36 Improvements on Simcoe Street. THAT as per the recommendation of the Transportation and Environmental Services Section Council approves the extension on the Church Street Reconstruction Contract to include the installation of approximately 85 m of 150 mm diameter watermain on Simcoe Street;

AND THAT the necessary funds come from the contingency on the provision that there will be reconciliation at the end of the contract to determine whether additional funds are required.

iv) Report from Director of Public Works re: Purchase of New Leaf 37-38 Vacuum THAT as per the recommendation of the Transportation & Environmental Services Section, Council approves the continuation of a Fall Leaf Collection using leaf vacuums;

AND THAT funds for the unbudgeted purchase of a new Leaf Vacuum be transferred from the Public Works Vehicle Equipment Reserve.

Page 2 of 76 Page

5. REPORTS OF COMMITTEES

v) Report from Chief Administrative Officer re: Harbourview Heights 39-40 Subdivision THAT as per the Transportation & Environmental Services Section, Council accepts six (6) replacement trees planted along the western boulevard of Owen Street conditional upon:

the proposed tree locations being acceptable to the Town, and

the proposed tree size and type being preapproved by the Town to ensure that its root system and planting will not interfere with the underground services or the sidewalk in the boulevard; and

the Developer of the Harbourview Heights Subdivision assuming all responsibility for the purchase and installation of the trees, including all locates

AND THAT the Town waive the financial compensation outlined in Section 11 of the Subdivision Agreement.

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5. REPORTS OF COMMITTEES

vi) Report from Chief Administrative Officer re: Land Sale - Part of 1 41-44 Payette Drive to 3 Payette Drive THAT as per the recommendation of the Finance & Corporate Services Section, Council authorizes that the C.A.O. proceed with the sale of Part of Block U, Registered Plan 51M-113 to the adjacent land owner in accordance with the Surplus Land By-law to resolve an encroachment subject to the following terms:

- That the subject lands be declared surplus to the needs of the Town of Penetanguishene as part of the Land Sale By-law - That public notice be given by the Town Clerk on the Town Page, Town Website and by letter to the purchaser, utilities and Techform - That a restrictive covenant be placed on the lands acknowledging the proximity to the Industrial Park and associated noise as well as any restrictive covenants running with the lots in this subdivision as deemed appropriate - That the subject lands merge in title with 3 Payette Drive and a Deeming By-law be prepared at the Purchaser’s expense - That the shed and fence on Block F be relocated onto the Purchaser’s existing lands as a pre-condition of the sale - That the Purchaser assume all of the Town’s costs including: a. Town’s legal costs estimated at $2500 b. Survey works estimated at $2500 (to be confirmed) c. Advertising estimated at $450 d. Land Sale Valuation at $200 e. Market Value for the lands at $4000

AND THAT given that the procedural requirements for the Land Sale will take approximately 6-8 weeks, the Purchasers be required to enter into a Temporary Encroachment Agreement, including third party liability insurance naming the Town as an additional insured.

vii) Report from C.A.O. re: 87 Main Street Facade Improvement Program 45 Application THAT as per the recommendation of the Planning & Development Section, Council approves of Wally Meisinger’s application for façade improvement project for the building located at 87 Main Street for a total of approximately $500.

Page 4 of 76 Page

5. REPORTS OF COMMITTEES

viii) Michael & Eva Carter re: Property between Penetanguishene Rotary 46-48 Park and 87 Robert Street West, Including Part of Nettleton Lane THAT as per the Finance & Corporate Services Section, Council denied the request from Mr. & Mrs. Michael Carter to purchase town owned property between Penetanguishene Rotary Park and 87 Robert Street West;

AND THAT the Town commit to cleaning up the property, in consultation with the Severn Sound Environmental Association regarding best practices.

ix) Correspondence from the City of Waterloo Requesting Support re: 2008 Municipal Road and Bridge Infrastructure Investment status confirmation from the Province and long term and sustainable 49-50 infrastructure funding THAT as per the Finance & Corporate Services Section Committee, Council support the position of the City of Waterloo regarding the 2008 Municipal Road and Bridge Infrastructure Investment status confirmation from the Province and long term and sustainable infrastructure funding.

x) Report from Manager of Capital Projects re: Robert Street West Sanitary Sewer Rehabilitation (Main Street to Owen Street) THAT as per the recommendation of the Transportation and Environmental Services Section, Council accepts the proposal from Clean Water Works to provide the sewer rehabilitation services for the Robert Street West Sanitary Sewer Rehabilitation for a per meter relining cost of $240.00.

6. BY-LAWS

i) (P & D) By-law 2008-47 51-53 To Amend Zoning By-law 2000-02 (60 McArthur Drive) (P& D) By-law 2008-47 THAT By-law 2008-47 being a By-law to amend Zoning By-law 2000-02 of the Corporation of the Town of Penetanguishene (60 McArthur Drive), be read a first time and deemed to be read a second and third time and carried.

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6. BY-LAWS

ii) (P & D) By-law 2008-48 54-76 Consent Agreement (139 Champlain Road) (P & D) By-law 2008-48 THAT By-law 2008-48 being a By-law to authorize a Consent Agreement with 1518217 Ontario Inc. and Woods Financial Services Inc. for the property located at 139 Champlain Road , be read a first time and deemed to be read a second and third time and carried.

iii) (P&D) By-law 2008-49 THAT By-law 2008-49

THAT By-law 2008-49, being a by-law to provide for the entering into of an Encroachment Agreement with Raymond Marion for Part of 1 Payette Drive, be read a first time and deemed to be read a second and third time and carried.

7. QUESTION PERIOD FROM MEDIA AND PUBLIC

8. ADJOURNMENT

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PLANNING & DEVELOPMENT SECTION COMMITTEE

COMMITTEE ROOM, TOWN HALL, JUNE 16, 2008, 2:00 p..m.

MINUTES

Present: Councillor Anne Murphy, Chair Deputy Mayor Doug Leroux, Vice Chair Mayor Anita Dubeau Councillor James Martin

Also Present: Eleanor J. Rath, C.A.O. Paul Hodgins, Director of Planning & Development Brian Gass, Chief Building Official Jenny Legget, Community Development Officer Joan Brodeur

1. CALL TO ORDER The Chair called the meeting to order shortly after 2:00 p.m.

2. MINUTES

i) Minutes from May 27, 2008

Moved by Mayor A. Dubeau and Seconded by Councillor A. Murphy THAT the minutes of the Planning and Development Section meeting held on May 27, 2008 be approved CARRIED

3. BUILDING DEPARTMENT

i) Building Activity Report for the month of May

Action: Received for information

Page 1 of 6

Page 7 of 76 Planning and Development Section Minutes (Draft) - June 16,... ii) Letter from C.B.O. to Kim Dubeau-White re: Building Permit for 83 Main Street Awning and Signage

The Chair commented that she did not approve of the wording "misled you to believe" contained in the C.B.O.'s letter. She stated that the Facade Improvement Program applicant was not misled and this was more of a misunderstanding. Action: Received for information

iii) Verbal Report by C.B.O. re: Property Standards Complaint

CBO informed Section that he has a Property Standards complaint and since he has been unable to obtain compliance from the owner, he must issue an Order to Comply under The Building Code. The C.B.O. stated that the owner has a right to appeal the Order and he wanted to confirm that a Committee is in place to deal with the possibility of an appeal. The C.B.O. was informed that in accordance with the terms of the Town's Procedural By-law, the Planning and Development Section is authorized to act at the Property Standards Committee. It was noted that a special Planning and Development Section meeting may be required in order to deal with an appeal. Action: C.B.O. to review the terms of the Procedural By-law with the Clerk to ensure that the Planning and Development Section has been properly delegated to act as the Property Standards Committee. C.B.O. to prepare a report on the process outlining the issues, and to proceed to set a date for a hearing.

iv) Request from C.B.O. to attend Seminar on Sprinkler, Fire Pump and Standpipe Design on July 10, 2008 in Mississauga Registration: $95.00 Accommodation: n/a Meals: n/a Mileage: Town Vehicle

Action: Approved

4. PLANNING & DEVELOPMENT

i) Status of St. Andrew's Village vis-a-vis Growth Management Study

The C.A.O. and the Director of Planning and Development informed Section that authorization was required from the Planning and Development Section in order to allow the Town Engineer to prepare a more detailed servicing analysis for the St. Andrew's Village property development as well as any other lands to be developed within the Municipality. They stated that the matter was more Page 2 of 6

Page 8 of 76 Planning and Development Section Minutes (Draft) - June 16,... complicated than it first appeared on the surface and as a result of the technical meeting held specifically for St. Andrew's Village on June 4, 2008 many issues arose. Staff concluded that in order to make an informed decision additional information with regards to an overall servicing strategy for the area east of Fuller Avenue and other developable lands within the Municipality would be required. Section agreed with staff's recommendation and directed the C.A.O. to obtain a cost estimate. Moved by Deputy Mayor D. Leroux and Seconded by Mayor A. Dubeau THAT Planning and Development Section authorize the Town Engineer to conduct a more thorough servicing analysis involving both the St. Andrew's property and other developable lands within the municipality CARRIED

ii) Civic Addressing Changes - Owen Street Harbourview Development

The C.A.O. explained to Section that as a result of the Harbourview Heights development and Bellisle Heights Subdivision the civic addressing for 21 and 23 Owen Streets had to be changed to 51 & 53 Owen Streets.

The C.A.O. advised Section that the Town will send out the Notices before July 1, 2008 which will allow the residents two (2) months to update their records. The C.A.O. also stated that the Town will assume the cost to the residents in the amount of $38.33 each for a total cost of $1,165.50 to come from the General Administration Contingency Fund and subject to approval by Finance and Corporate Services. Moved by Mayor A. Dubeau and Seconded by Deputy Mayor D. Leroux THAT Planning & Development Section recommends to Council that the civic addressing for 21 and 23 Owen Street be changed to 51 & 53 Owen Street respectively;

And that Notice be given to the property owners of 21 & 23 Owen Street and local utilities to advise of the civic addressing change;

And Further That the residential tenants at 21 Owen Street also be notified of the numbering change and that residents be given until September 1, 2008 to update their records;

And Finally that Section recommend that the Town assume the cost of $38.33 per apartment to arrange for the redirection of mail through Page 3 of 6

Page 9 of 76 Planning and Development Section Minutes (Draft) - June 16,... Canada Post at a cost of $1,165.50 to come from the General Administration Contingency Fund with final approval to come from the Finance & Corporate Services Section. CARRIED

iii) Bob Paradis re: Complaint regarding damage created by dirtbikes and ATV's at the entrance to the Town

The C.A.O. informed Section that a sub-search of title has been conducted and that the Town may not own the subject property. The Town staff believe that the property is privately owned. After discussion on the matter Section recommended that letters be sent to the complainant, the registered owner of the property who lives out-of- town and may not be aware of the situation, the Police Services Board and the Georgian Bay Snowriders. It was moved by Deputy Mayor D. Leroux and seconded by Mayor A. Dubeau For discussion and direction to send letters to:

Complainant: Advise that the subject property is not Town-owned but is privately owned and that the owner will be notified and that the town intends to follow up with the O.P.P.; Owner: Advise that damage is being caused to his property by ATV's and dirt bikes trespassing on his land. In the winter months damage is being caused to the area by snowmobiles and Georgian Bay Snowriders need to clean up the area each spring; Police Services Board: Request that O.P.P. enforce the law regarding ATV's/off road vehicles and trespass on private property; Georgian Bay Snowriders: Request for proof of permission to cross area in question and if permission granted to request that the area be cleaned up each spring. CARRIED

iv) Committee of Adjustment, Submission A4/2008 re: 393 Champlain Road and Submission A5/2008 re: 60 McArthur Drive

Action: Received for information

v) Ministry of Municipal Affairs & Housing to County of Simcoe re: Draft Simcoe Area Growth Plan

Action: Received for information

Page 4 of 6

Page 10 of 76 Planning and Development Section Minutes (Draft) - June 16,... vi) Severn Sound Environmental Association (SAT) Meeting #3 held on June 3, 2008

Action: Received for information

5. ECONOMIC DEVELOPMENT

i) Karen Wallace, Municipal Advisor, MSO Central, Ministry of Municipal Affairs and Housing re: Proposed presentation on Business Improvement Areas in the fall

The C.A.O. advised Section that Members of the Economic Development Committee and the general public will be invited to attend the presentation. Moved by Mayor A. Dubeau and Seconded by Deputy Mayor D. Leroux THAT the C.A.O. contact MMAH to arrange for a presentation in the fall CARRIED

ii) Minutes from Southern Georgian Bay Chamber of Commerce May 1, 2008 Meeting

Action: Received for information

iii) Letter to Mike Cadieux re: Facade Improvement Application - 1 Water Street, Penetanguishene

Action: Received for information

iv) Letter from C.A.O. to North Simcoe Community Futures Development Corporation re: Town's Contribution to support Business Retention and Expansion Project

It was noted that the Mayor and C.A.O. will attend the Annual General Meeting and Luncheon at Brooklea Golf and Country Club on June 19, 2008. Action: Received for information

v) Downtown Revitalization Presentation

Page 5 of 6

Page 11 of 76 Planning and Development Section Minutes (Draft) - June 16,... The Planning Department summer student to follow up on the water based issues, contact the marinas and organize a visit to Orillia. The Official Plan and zoning issues to be reviewed regarding specific issues i.e. set backs and cash in lieu of parking. Action: Received for information

vi) Erin Chapelle re: Proposal for a Community Market

Planning and Development Section endorsed the proposal in principle. The C.A.O. informed Section that Recreation and Cultural Services Section were reviewing the proposal at their meeting scheduled for June 17, 2008. Moved by Deputy Mayor D. Leroux and Seconded by Mayor A. Dubeau Referred to staff for review and recommendation CARRIED

vii) Downtown Streetscaping Projects (Report on Desk, if available)

A report was not available on desk. Action: A report to be prepared and to come forward to the June 18th Council meeting

6. QUESTION PERIOD FROM MEDIA AND PUBLIC None

7. ADJOURNMENT On behalf of the Planning and Development Section, the Chairman thanked Jenny Legget from the bottom of her heart, wished her well and stated "It has been a pleasure working with you and you will be missed."

The meeting adjourned at the hour of 4:04 p.m.

RECORDING SECRETARY

CHAIR Page 6 of 6

Page 12 of 76 Planning and Development Section Minutes (Draft) - June 16,... Page 13 of 76 4:30 p.m. - 2008 Strategic Plan Review - Part 2 Page 14 of 76 4:30 p.m. - 2008 Strategic Plan Review - Part 2 Page 15 of 76 4:30 p.m. - 2008 Strategic Plan Review - Part 2 Page 16 of 76 4:30 p.m. - 2008 Strategic Plan Review - Part 2 Page 17 of 76 4:30 p.m. - 2008 Strategic Plan Review - Part 2 Page 18 of 76 7 p.m. - Presentation by McNair & Marshall Planning & Develo... Page 19 of 76 7 p.m. - Presentation by McNair & Marshall Planning & Develo... Page 20 of 76 7 p.m. - Presentation by McNair & Marshall Planning & Develo... Page 21 of 76 7 p.m. - Presentation by McNair & Marshall Planning & Develo... Page 22 of 76 7 p.m. - Presentation by McNair & Marshall Planning & Develo... Page 23 of 76 7 p.m. - Presentation by McNair & Marshall Planning & Develo... Page 24 of 76 7 p.m. - Presentation by McNair & Marshall Planning & Develo... Page 25 of 76 7 p.m. - Presentation by McNair & Marshall Planning & Develo... Page 26 of 76 Presentation by Southern Georgian Bay Chamber of Commerce re... Page 27 of 76 Presentation by Southern Georgian Bay Chamber of Commerce re... Page 28 of 76 Presentation by Southern Georgian Bay Chamber of Commerce re... Page 29 of 76 Presentation by Southern Georgian Bay Chamber of Commerce re... Page 30 of 76 Notice of Open Houses to Review Information Related to a Pro... Page 31 of 76 Report from Director of Public Works regarding request for R...

Town of Penetanguishene Section Committee Report

Section Report

COMMITTEE: Transportation and Environmental Section

COMMITTEE CHAIR: Councillor Ken Mackie

SUBJECT: Completion of LED Lighting Project

RECOMMENDATION: THAT the Transportation & Environmental Services Section recommends to Council that the purchase of 274 LED streetlights from Ruud Lighting Canada at a cost of $319,210 be approved.

INTRODUCTION: In February 2007, the municipality submitted a funding application to the Rural Infrastructure Investment Initiative (RIII) to replace mercury vapour lamps. In March of 2007, the municipality was notified that the application was successful and that the Town would receive $475,000 to undertake this project.

In October 2007 Council approved a pilot project consisting of the purchase and installation of 20 LED lights. Due to various issues, only 13 of these lights were installed. The pilot project was deemed to be an opportunity to evaluate the performance of these lights over the winter prior to undertaking the installation of the remainder of the LED lights (279 units).

ANALYSIS The 13 LED lights were monitored over the winter and were found to be satisfactory providing more light than the mercury vapor lamps currently output while using one third of the electricity. It was not possible to determine the light output of new mercury vapour lamps. The original unit cost of the LED lights was $1,295 per unit. The Public Works Department negotiated a new price of $1,165 per unit resulting in savings of more than $30,000.

Budget Implications. There is approximately $444,000 remaining in the LED streetlight budget to complete the project. Completion of the retrofit will require 279 additional lights. The supplier offered to provide 5 free lights to compensate for the higher price on the initial purchase. The table below lists a summary of the cost to install the remaining 286 lights (279 lights + 7 lights left over from pilot project).

Supply of 274 lights $319, 210 Installation estimate $ 85,200 ESA Permits $ 3,000 Barrie Hydro fees $ 15,000 Purchase of new arms $ 20,000

Page 32 of 76 Report from Director of Public Works regarding purchasing of... Total Costs $442,410 An amount of approximately $1,590 is left in the budget after these expenditures are made. It is important to note that all costs other than the purchase of the lights are estimates.

Risk Management. Streetlights are an important part of the Town’s infrastructure in the urban area.

Prepared by: John Boucher, Director of Public Works

Meeting Date: June 23, 2008

C:\Documents and Settings\erath\Local Settings\Temporary Internet Files\OLKC\Section Report LED Lighting Final Project.doc

Page 33 of 76 Report from Director of Public Works regarding purchasing of...

Town of Penetanguishene Section Committee Report

TO COMMITTEE: Transportation & Environmental Services Section

COMMITTEE CHAIR: Councillor Ken Mackie

SUBJECT: Watermain Improvements on Simcoe Street

RECOMMENDATION

THAT the Transportation and Environmental Services Section recommend to council that the Church Street Reconstruction Contract be extended to include the installation of approximately 85 m of 150 mm diameter watermain on Simcoe Street.

INTRODUCTION

To facilitate a seamless transition with the current construction work on Simcoe Street and its future reconstruction it is the recommendation of the Public Works department that the existing 25 mm diameter watermain on Simcoe Street be removed and replaced with a 150 mm diameter PVC watermain.

Currently, the existing 25 mm galvanized steel watermain services 4 properties on Simcoe Street and one on Fox Street.

ANALYSIS

The extent of construction on Simcoe Street within the Church Street Reconstruction contract is currently limited to the removal and replacement of the existing sanitary sewer and services for approximately 85 m south of the intersection of Fox and Simcoe Streets. This work also includes the restoration of the sidewalk, curb, asphalt, and boulevards along this section of Simcoe Street.

Through discussions with Water Works and Public Works Departments it was identified that when reconstruction of Simcoe Street commences in the near future all of the newly restored asphalt, and curbing would be lost when the existing watermain is replaced on Simcoe Street. To minimize any damage to this area it was agreed that the watermain should be removed and replaced up to the limits of the sanitary sewer installation so that the start of the future reconstruction work can begin at this location.

By completing the watermain installation during the reconstruction of Church Street the Town will have a defined servicing connection point on Simcoe Street for future services to be extended, thereby eliminating the need to disturb the newly established area on Simcoe Street.

Page 34 of 76 Report from Manager of Capital Project regarding Watermain I...

Town of Penetanguishene Section Committee Report

BUDGET IMPLICATIONS

A significant amount of cost savings can be achieved by extending both the sanitary sewer and watermain on Simcoe Street under the same construction contract. By doing this the Town is minimizing the restoration costs (ie. asphalt, curb, sidewalk etc.) that would be incurred if the watermain is replaced at a later date.

A preliminary estimate for the additional costs to install the 150 mm watermain on Simcoe Street over and above the original anticipated contract scope is given below:

ITEM TOTAL

150 mm Dia. PVC Watermain……………………………………………….$14,000.00 150 mm Gate Valves and Boxes……………………………………………..$1,350.00 25 mm Water Services…………………………………………………………$5,200.00 Connection to Existing 150 mm Watermain on Fox Street…...... $2,600.00 Boulevard Restoration…………………………………………………………$1,200.00 Restore Existing Driveways…………………………………………...………$1,000.00 Remove and Disposal of Concrete Curb and Gutter...... ….$520.00 Provide concrete curb and gutter……………………………………………..$2,940.00

SUB-TOTAL…………………………………………………………………..$28,810.00

PROVISIONAL ITEMS

1.5 m Concrete Sidewalk………………………………………………………$4,308.00 Remove and Disposal of Concrete Sidewalk………………………………..$1,350.00 Remove and Disposal of Existing Asphalt Pavement………………………...$820.00 Granular “A”..…………………………………………………………………...$2,347.50 Granular “B”……………………………………………………………………..$2,728.00 HL8 Asphalt……………………………………………………………………..$6,615.00 HL3 Asphalt……………………………………………………………………..$3,990.00

SUB-TOTAL PROVISIONAL ITEMS...... $22,158.50 TOTAL…………………………………………………………………………$50,968.50 GST(5%)………………………………………………………………………...$2,548.43

GRANDTOTAL………………………………………………………………..$53,516.93

Page 35 of 76 Report from Manager of Capital Project regarding Watermain I...

Town of Penetanguishene Section Committee Report

It should be noted that the cost estimate provided above was calculated using the unit prices provided in the awarded tender provided by Corm Construction. The final cost of the watermain installation will most likely be lower than the price quoted above since many of the restoration item costs (ie. asphalt, curb, sidewalk etc.) will overlap and be absorbed into the original contract quantity estimate.

RISK MANAGEMENT

The removal and replacement of the existing 25 mm diameter watermain on Simcoe Street during the Reconstruction of Church Street will improve water service to the residents in this area and provide future cost savings to the Town of Penetanguishene once the reconstruction of Simcoe Street begins.

Prepared by: Bryan Murray, Manager of Capital Projects

Meeting Date: June 23, 2008

Page 36 of 76 Report from Manager of Capital Project regarding Watermain I...

Town of Penetanguishene Section Committee Report

TO COMMITTEE: Transportation & Environmental Services Section

COMMITTEE CHAIR: Councillor Ken Mackie

SUBJECT: Purchase of New Leaf Vacuum

RECOMMENDATION THAT Transportation & Environmental Services Section recommends to Council that the Town continue to provide a Fall Leaf Collection using leaf vacuums; AND THAT funds for the unbudgeted purchase of a new Leaf Vacuum be transferred from the Public Works Vehicle Equipment Reserve.

INTRODUCTION The Town has been using leaf vacuums for the fall leaf collection for the last 20 years with the exception of one year when the leaves were picked up in recyclable paper bags. The Public Works currently has two older gasoline powered Giant Vacs dating from 1988 and 1995. The 1988 unit is in need of approximately $10,000 worth of work before it can be utilized for the 2008 fall leaf collection.

ANALYSIS A new leaf vacuum costs approximately $35,000, so investing $10,000 on a machine that is 20 years old would not be a wise decision. Although the 1995 Giant Vac is still serviceable, it will have to be replaced in the next couple of years as well.

There has been discussion in recent years on whether leaves should be collected using the vacuums or whether the municipality should again explore collection of bagged leaves. This is a service that could be provided by the County of Simcoe. Certainly this is a political decision to be made by Council.

Staff was asked to look at the implications of using the County to pick up leaves and this information is listed below.

Level of service: · The County will only collect bagged leaves in biodegradable paper bags. · The County will go through the Town once if the leaves are not at the road or if they have not fallen from the trees, they will not be collected. · Leaf collection is scheduled in advance and once the collection week is assigned, it cannot be changed if the leaves have not fallen. The only way that this system can work is if the collection scheduled is late enough in the season to ensure that the leaves have fallen. The Town then runs the risk that snow will arrive before the leaves are collected. The municipality does not decide on which week is scheduled for leaf pickup. The County will try to accommodate the Town’s preferred week, if possible.

Page 37 of 76 Report from Director of Public Works re: Purchase of New Le...

Town of Penetanguishene Section Committee Report

Financial Analysis: In 2007, the Public Works Department spent approximately $27,000 on leaf collection excluding disposal. If the Public Works did not collect the leaves, the Town would save approximately $4,700 on part –time wages.

The County charges $1.80 per household for this service. Based on the number of households in Town, the total cost would be $6,700 per collection. Based on these figures there would be a net increase in the budget of $2,000.

Conclusions: There would be a reduction in the level of service under the County program and the municipality may have to pick up leaves that were missed in the late fall or the following spring. As a result, there would be an overall increase in cost to have the County collect leaves in Penetanguishene.

For the purpose of this report, the assumption will be made that curbside leaf collection using the Vacuums will continue. Obtaining parts to repair the Giant Vacs can take several months, so the decision whether to replace or repair has to be made now. The staff recommendation is to replace the unit. Delivery time on obtaining a new unit is 6 to 8 weeks.

BUDGET IMPLICATIONS There are no funds in the current capital budget or forecast to replace these units so resources will have to be found elsewhere. Town staff looked into the possibility of reallocating tax dollars based on the infrastructure grant received from the Province. However based on the terms and conditions of the grant monies and Council’s direction to use these funds for infrastructure projects only, the Treasurer has identified the Public Works Vehicle Equipment Reserve as the appropriate source of funding for this equipment purchase.

RISK MANAGEMENT There are no risk management issues

Prepared by: John Boucher, Director of Public works

Meeting Date: June 23, 2008

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Town of Penetanguishene Section Committee Report

TO COMMITTEE: Transportation & Environmental Services Section

COMMITTEE CHAIR: Councillor Ken Mackie

SUBJECT: Harbourview Heights Subdivision (Manel)

RECOMMENDATION THAT Transportation & Environmental Services Section recommends to Council acceptance of six (6) replacement trees planted along the western boulevard of Owen Street conditional upon:

the proposed tree locations being acceptable to the Town, and

the proposed tree size and type being preapproved by the Town to ensure that its root system and planting will not interfere with the underground services or the sidewalk in the boulevard; and

the Developer of the Harbourview Heights Subdivision assuming all responsibility for the purchase and installation of the trees, including all locates

AND THAT the Town waive the financial compensation outlined in Section 11 of the Subdivision Agreement.

INTRODUCTION The Subdivision Agreement for the Harbourview Heights (Manel) Subdivision includes a provision that the developer relocate the eight (8) maple trees that had been planted along Owen Street. In the event that the trees were not able to be relocated, the Developer was to pay to the Town $1500 per tree.

ANALYSIS The western boulevard on Owen Street includes a new watermain, a new sewermain north of Shanahan, a replacement sidewalk as well as underground services such as hydro, gas and cable. Due to the amount of disturbance, it was not possible to save the maple trees. The Parks, Recreation & Culture Department investigated the possibility of relocating the trees to Penetanguishene Rotary Park. After consulting with a tree expert, the Town was advised that trees of this size were not able to be successfully relocated.

The C.A.O. and Manager of Recreation Services met with the Developer on June 18th to discuss the financial compensation. The Developer requested that the Town waive the financial compensation outlined in Section 11 of the Subdivision Agreement on the basis that there would be six (6) replacement trees planted along the Town boulevard.

The C.A.O. indicated that she would be willing to recommend this alternative but approval would be conditional upon:

- Council acceptance - the proposed tree locations being acceptable to the Town, and

Page 39 of 76 Report from Chief Administrative Officer re: Harbourview He...

Town of Penetanguishene Section Committee Report

- the proposed tree size and type being preapproved by the Town to ensure that its root system and planting will not interfere with the underground services or the sidewalk in the boulevard - Developer assuming all responsibility for the purchase and installation of the trees, including all locates.

If approved by Council, the proposed tree planting would take place in the fall of 2008.

Subsequent to our meeting, the Manager of Recreation Services met onsite with the Developer to review the proposed tree locations. If possible, the Developer would like to replant maple trees. The Manager is researching a variety of maple trees that could possibly be planted on the boulevard that would not interfere with the utilities. If accepted, this would be a pilot location for the Town to reconsider boulevard trees.

BUDGETARY IMPLICATIONS All costs for the replanting of the trees would be borne by the Developer.

RISK MANAGEMENT The planting of trees in close proximity to underground utilities may result in future concerns due to the root system.

Prepared by: E.J. Rath, C.A.O.

Meeting Date: July 9, 2008

Page 40 of 76 Report from Chief Administrative Officer re: Harbourview He...

Town of Penetanguishene Finance & Corporate Services Section Report Confidential

COMMITTEE CHAIR: Councillor Pat Marion

SUBJECT: Land Sale – Part of 1 Payette Drive to 3 Payette Drive

RECOMMENDATION: THAT the Finance & Corporate Services Section recommends to Council that the C.A.O. be authorized to proceed with the sale of Part of Block U, Registered Plan 51M-113 to the adjacent land owner in accordance with the Surplus Land By-law to resolve an encroachment subject to the following terms:

INTRODUCTION The Town owns 1 Payette Drive as a buffer zone between the Industrial park and the residential subdivision. This buffer zone is required to meet the Ministry of the Environment guidelines for noise abatement.

The owner at 3 Payette Drive expanded his land use 12 feet into the Town owned buffer. A survey by Preston Nicholson Harvey was ordered by the Town to determine the extent of the unauthorized use of Town land. This survey outlined:

· 4 wooden posts located just over the boundary at the front of the lot (which have been there for some time) · a new one storey frame structure erected without a building permit this year which

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Town of Penetanguishene Finance & Corporate Services Section Report Confidential

extends 6.2 feet onto Town owned lands, (a building permit application filed after the fact but not processed due to ownership issues) · a new concrete patio which extends at the widest point 11.3 feet onto the Town lands, · a landscaped area in the back corner of the lot including decorative rocks, · a new chain link fence which encloses the expanded rear yard and extends 4.6 feet into the Town owned lands at the rear of the lot, and · an older 15 foot frame shed constructed on Town lands to the rear which also appears to have been constructed without a permit

Beyond this occupied area, the land owner had also parked his trailer (now removed); erected a portable structure (now removed); stored his building materials (now removed) and cleared trees with no authorization or compensation.

This matter was brought to the attention of the Municipal Law Enforcement Officer and Town Solicitor. A letter was sent to the land owner advising of the illegal use of Town property. The C.A.O. reported to the Planning & Development Section and Council was made aware of the situation.

A confidential report outlining three options for consideration was presented to Planning & Development Section. The C.A.O. consulted with the adjacent industry to determine whether the sale of a small portion of Block U would impact on the MOE requirements for noise abatement. Techform reviewed the plan and clearance was given provided that a restrictive covenant was placed on the lands. On this basis, the C.A.O. reported to the Finance & Corporate Services Section and was authorized to present the owners of 3 Payette Drive with two options:

Option 1 cease and desist all unauthorized use, or Option 2 purchase the 12 foot encroachment on 1 Payette Drive subject to the owner of 3 Payette Drive paying market value for the lands and assuming all of the Town’s costs (legal, survey, advertising, land valuation) as well as a restrictive covenant running with the lands in relation to noise from the Industrial Area. The owner was also required to cease and desist all other activities on Town owned land (removal of shed and fence at the rear of the property).

ANALYSIS The C.A.O. and C.B.O. met with the owners of 3 Payette Drive on February 25th. The owners agreed to proceed with Option 2. The Town was provided with a deposit of $3500 for the estimated costs (legal, survey and land valuation). Processing of the Land Sale was deferred pending amendments to the new Land Sale By-law 2008-22 passed on March 10th.

In April, Mr. Marion contacted the C.A.O. to request a follow up meeting. Mr. Marion also requested that the Town review the Stop Work Order, Order to Comply and Building Permit Application. The C.A.O. and C.B.O. met with Mr. Marion on site on May 22nd and Mr. Marion also attended the Townhall to request a meeting with the C.B.O. to discuss his building permit application file.

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Town of Penetanguishene Finance & Corporate Services Section Report Confidential

In accordance with the terms of Option 2 and the new Land Sale By-law, the C.A.O. ordered a land evaluation from a qualified real estate agent. The purpose of the evaluation was to determine the market value of the lands to be added to property at 3 Payette Drive. The cost of the valuation to be recovered from the purchaser is $200. This strip of land has been market valued at $4,000.

The C.A.O. has also ordered a reference plan to identify the lands for the purpose of the required notice, by-law and transfer documents. This reference plan is still pending. The total cost for the survey works including both the identification of the encroachments in 2007 and preparation of the reference plan in 2008 is estimated at $2500. (to be confirmed)

In reviewing the new By-law, it has been determined that the land sale is not exempt from public notice as the lands are not a closed road and therefore no public notice has been previously given. The Clerk will be directed to prepare a Notice of Land Sale to be advertised on the July 4th edition of the Town Page. A copy of the Notice will also be sent to the purchaser, utilities and Techform. The estimated cost for the notice is $450.

The Town Solicitor has been asked to provide the C.A.O. with an estimate of the total cost of the legal advice to date, plus the preparation/registration of the restrictive covenant, deeming by-law, merger and land transfer documents.

As a result, the total estimated cost for the land sale would be:

Advertising $ 450 Land Valuation $ 200 Land Value $4,000 Legal $2,500 (estimate) Survey $2,500 (estimate) ======$9,650

A precondition of the sale will be the removal of the shed at the rear of the property and the relocation of the fence. The Town would need to pass a Deeming By-law to ensure that the lands merge in title.

REQUEST FROM PURCHASER Under normal circumstances, the Town would not authorize the issuance of the building permit until such time as the conditions are met and the sale is complete. The earliest that the sale by-law can come before Council is July 23rd meaning that the earliest closing date would be in late July.

Given that the land sale has been delayed, in part, through no fault of the purchaser and the permit is for a pool shed, a request has been made to sign off on the building permit application. The C.A.O. discussed this request with the Chief Building Official and the Town Solicitor. Due to zoning requirements, the Town is not able to issue a building permit for a structure that straddles a property line without a minor variance. Given that it will only take 6-8 weeks to finalize the sale and this is a temporary situation, a minor variance is not appropriate.

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Town of Penetanguishene Finance & Corporate Services Section Report Confidential

To enable the Purchasers to use their swimming pool and pool shed for the summer, it is recommended that a Temporary Encroachment Agreement be prepared that would indemnify the Town. This agreement would expire when the lands transfer. The building permit would then be issued later in the summer and the works carried out after that date.

BUDGET IMPLICATIONS In all cases, the costs would be borne by the property owner at 3 Payette Drive.

RISK MANAGEMENT Town owned property is being used without the Town’s permission including a pool deck and structures which have been erected without permits. The Town needs to take action to protect its interests with respect to both the land and the unauthorized use.

Prepared by: E.J. Rath, C.A.O.

Meeting Date: June 23, 2008

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Town of Penetanguishene Section Report

COMMITTEE: Planning & Development Section

COMMITTEE CHAIR: Councillor Anne Murphy

SUBJECT: 87 Main Street Façade Improvement Program Application

RECOMMENDATION: THAT the Planning & Development Section recommends to Council the approval of Wally Meisinger’s application for façade improvement project for the building located at 87 Main Street for a total of approximately $500.

INTRODUCTION Wally Meisinger, the building/property owner has submitted an application under the Façade Improvement Program to clean, repair and reinstall the outdoor wall clock that faces the intersection at Robert and Main Streets. The estimate from the Creemore Clock & Watch Company is in the range of $800-1000. For over 60 years, the clock has been a Penetanguishene landmark. The owner is looking forward to having the clock back up and running.

In addition to the clock repair, the C.A.O. advised that it appeared that there was some stucco repair necessary at 85 Main Street. Upon further review by the CBO, it was determined that the missing stucco was in relation to an access hatch and no repairs were necessary.

ANALYSIS In accordance with the Façade Improvement guidelines, the application was circulated to the Chief Building Official, Fire Chief, Tax Collector, Town Clerk and Director of Planning & Development. No outstanding issues or concerns were raised at the time of the review.

BUDGET IMPLICATIONS There is a total of $5,000.00 budgeted for the Façade Improvement Program for 2008. There are also additional remaining funds in the Capital Fund carried forward from 2007. To date, the Town has approved $1000 for Phase 2 of the façade improvements at 83 Main Street. As the Façade Program offers a 50/50 grant up to $1000, the estimated value of the grant to 87 Main Street is approximately $500. The final grant will be based on the invoice for the works.

Prepared By: E.J. Rath, Chief Administrative Officer

Meeting Date: Wednesday, July 9, 2008

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RESOLUTION OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO May 12, 2008 RE: 2008 Municipal Road and Bridge Infrastructure Investment

WHEREAS the City of Waterloo is one of the Ontario municipalities who have been approved to receive funds in the amount of $1,308,003 from the Ministry of Transportation towards municipal road and bridge capital infrastructure renewal needs;

WHEREAS towns and cities are where the people of Canada work and live and their long term sustainability is at risk without an adequate infrastructure;

AND WHEREAS provincial and national economic prosperity is inextricably linked to the well being and prosperity of towns and cities;

AND WHEREAS public ownership of infrastructure has shifted over the past 50 years away from the federal and provincial governments to become an increasing responsibility for municipal governments such as the City of Waterloo;

AND WHEREAS the City of Waterloo requires revenues that grow with the economy in order to contribute to the sustainability of its infrastructure;

AND WHEREAS the Council of the City of Waterloo has introduced a number of initiatives such as ten-year capital planning, continuous improvement, public private partnerships and a proposed capital investment contribution as the City’s efforts to address the infrastructure deficit;

AND WHEREAS the City of Waterloo has determined that its municipal infrastructure deficit is approximately $160 million over the next ten years;

AND WHEREAS the City of Waterloo’s infrastructure deficit would require a one time municipal tax increase of 40% to be fully funded;

AND WHEREAS property taxes, for the most part, is a very regressive tax not based on economic growth, income or ability to pay;

AND WHEREAS there is just a single taxpayer paying taxes to the different levels of government;

AND WHEREAS, on average, municipalities collect eight cents of every dollar of total government collected taxes for the services they provide;

AND WHEREAS there are federal and provincial surpluses projected over the next number of years;

THEREFORE BE IT RESOLVED THAT:

1) the Council of The Corporation of the City of Waterloo calls upon the Provincial government to clarify and confirm that the 2008 Municipal Road and Bridge Infrastructure Investment is in fact a one time infusion of funds versus an annual contribution and that if this is the case, that the Provincial government provide long term and sustainable infrastructure funding to assist the City of Waterloo and all upper, lower, and single tier municipalities in addressing their infrastructure roles and responsibilities;

2) copies of this resolution be forwarded to the Prime Minister of Canada, the Premier of Ontario, Federal and Provincial Ministers of Finance, Provincial Minister of Public Infrastructure Renewal, Federal Minister of Transportation, all Members of Parliament, all Members of Provincial Parliament, the Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM) and the Big Cities Mayors’ Caucus of FCM;

3) all municipalities be encouraged to pass motions supporting this resolution and forward to their relevant federal and provincial representatives.”

For further information, please contact Susan Greatrix, City Clerk The Corporation of the City of Waterloo 100 Regina Street South, Waterloo, ON N2J 4A8 Telephone: 519-747-8705 Fax: 519-747-8510 E-mail: [email protected]

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DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents.

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