Special Council Meeting of Warwick Township Council August 2, 2017 at 3:00 PM
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AGENDA Special Council Meeting of Warwick Township Council August 2, 2017 at 3:00 PM 1. CALL TO ORDER 2. DISCLOSURE OF PECUNIARY INTEREST OR CONFLICT OF INTEREST 3. SCHEDULED MEETINGS AND EVENTS a) Council/Committee Meeting Dates • Thursday, August 31, 2017 at 6:30 p.m. (Parks & Recreation Committee) • Monday, September 11, 2017 at 2:30 p.m. (Development Committee) • Monday, September 11, 2017 at 3:30 p.m. (Council) • Wednesday, September 13, 2017 at 3:00 p.m. (Public Works Committee) • Wednesday, September 27, 2017 at 5:15 p.m. (Ad Hoc Fire Committee) • Monday, October 2, 2017 at 2:30 p.m. (Development Committee) • Monday, October 2, 2017 at 3:30 p.m. (Council) b) Other meetings/events • AMO Conference, August 13 to August 16, 2017, Westin Hotel Ottawa • Vimy Ridge Tree Dedication Ceremony at Watford Memorial Park, Sunday, August 27, 2017 at 1:00 p.m. • Watford Community Improvements Inc. Meeting, Monday, September 18, 2017 at 7:30 p.m., Watford-Warwick Medical Centre and Dental Office • Watford Community Improvements Inc. AGM, Monday, October 2, 2017, Watford-Warwick Medical Centre and Dental Office • Fall Clean Up Day, Saturday, October 7, 2017 4. COUNCILLOR'S COMMITMENTS AND ITEMS (Verbal) a) Council Commitment Dates b) Council's Items - Verbal Reports 5. STAFF ITEMS (Verbal) Page 1 of 113 a) Verbal update from Amanda Gubbels, Administrator/Clerk, on Churchill Line Boundary Agreement with Brooke-Alvinston. 6. DELEGATIONS & TIMED EVENTS - None 7. ACTION CORRESPONDENCE - Required Items a) Action Correspondence 8. NON-ACTION CORRESPONDENCE - Recommended reading and information a) Non-Action Correspondence 9. STAFF REPORTS a) PW-20-17 - Public Works Update - July 2017 b) PW-21-17 - Update on Drainage Repair on St. Clair (Don Hart) c) PW-22-17 - Sexton Road CN Crossing d) HR-05-17 - Notice of Pilot Program on Hours of Work for Non-Union Staff e) CL-14-17 - Proposed Changes to Committee of Adjustment Meeting Schedule and Pay Structure 10. COMMITTEE AND OTHER MINUTES - None 11. NEW BUSINESS a) Conditional Building Permit Request - Ian Sanders (agent for Kela Farms) 12. CLOSED MEETING SESSION - None 13. BY-LAWS a) By-law 96 of 2017 - Conditional Building Permit - Kela Farms Page 2 of 113 By-law 97 of 2017 - Confirming By-law 14. ADJOURNMENT Page 3 of 113 COUNCIL COMMITMENTS – 2017 T. CASE J. ROMBOUTS August 20 – 25 J. COUWENBERG July 28 – 30 August 4 – 6 T. WHITE July 23 – August 5 October 12 - 17 J. WESTGATE July 23 – 30 August 4 – 15 August 20 – 27 November 5 – 18 September 7 - 12 Page 4 of 113 TOWNSHIP OF WARWICK “A Community in Action” 6332 Nauvoo Road, R.R. #8, Watford, ON N0M 2S0 Township Office: (519) 849-3926 / 1-877-849-3926 Works Department: (519) 849-3923 Watford Arena: (519) 876-2808 Fax: (519) 849-6136 Website: www.warwicktownship.ca E-mail: [email protected] July 28, 2017 Council of the Municipality of Brooke-Alvinston c/o Janet Denkers, Clerk/Administrator 3236 River Street, Box 28 Alvinston, ON N0N 1A0 Dear Council of the Municipality of Brooke-Alvinston: RE: Churchill Line Road Agreement between the Municipality of Brooke-Alvinston and the Township of Warwick Warwick Township Council reviewed Brooke-Alvinston’s correspondence on this matter, at the regular Council meeting of June 5, 2017. At this meeting, the following resolution was approved: THAT Warwick Township Council directs the Administrator/Clerk to resend the letter provided to the Municipality of Brooke-Alvinston on the Churchill Line Boundary Agreement outlining the Township of Warwick's interpretation and specific request for direct response from the Municipality of Brooke-Alvinston; AND THAT the letter include reference to construction costs in the amount of $365,787 incurred by the Township of Warwick during the existing contract that were not shared between municipalities but paid solely by the Township of Warwick, including applicable interest fees to current day; AND THAT the letter request once again that the proposed amendment from the Township of Warwick for each municipality to care for the maintenance and construction on their side of the road be implemented in the next iteration of the boundary line agreement in perpetuity. - Carried. As per direction, please find enclosed a copy of the previously provided letter and proposed agreement from Warwick Township for approval by the Council of the Municipality of Brooke-Alvinston. Page 5 of 113 In 2009, a capital project was completed by Warwick Township whereby Huron Construction Company Ltd. repaved a portion of Churchill Line from Forest Road to Kingscourt Road with a total cost of $365,787. This capital work completed over the term of our 2007-2017 agreement and all costs were paid by Warwick Township. Should the agreement have been applied, costs should have been shared; if applied now, Brooke-Alvinston owes the Township of Warwick for half of all capital costs incurred, including interest for the last 8 years. The former iteration of the agreement (2007 to 2017) does not represent actual practice and the reference to the sharing of construction costs should be removed from a future agreement to be made in perpetuity to reflect actual ongoing practices. Warwick Township looks forward to continuing our partnership on the care and maintenance of Churchill Line. Kindest Regards, Amanda Gubbels Administrator/Clerk Township of Warwick Cc: Rick Smith, Public Works – Team Lead Page 6 of 113 TOWNSHIP OF WARWICK “A Community in Action” 6332 Nauvoo Road, R.R. #8, Watford, ON N0M 2S0 Township Office: (519) 849-3926 / 1-877-849-3926 Works Department: (519) 849-3923 Watford Arena: (519) 876-2808 Fax: (519) 849-6136 Website: www.warwicktownship.ca E-mail: [email protected] February 22, 2017 Council of the Municipality of Brooke-Alvinston c/o Janet Denkers, Clerk/Administrator 3236 River Street, Box 28 Alvinston, ON N0N 1A0 Dear Council of the Municipality of Brooke-Alvinston: RE: Churchill Line Road Agreement between the Municipality of Brooke-Alvinston and the Township of Warwick Warwick Township and Brooke-Alvinston staff have been discussing the agreement between our municipalities on the care and maintenance of our boundary road, Churchill Line, since late 2016. The most recent 10 year operational agreement on Churchill Line expired on December 31, 2016. Warwick Township received a draft proposed agreement from Brooke-Alvinston which was considered by Committee at the regular Public Works Committee meeting of February 15, 2017. After review of the proposed agreement and the discussion on historical practices regarding care and maintenance of Churchill Line, Public Works Committee approved the following resolution: WHEREAS the Township of Warwick and the Municipality of Brooke- Alvinston have entered into an operational agreement for portions of Churchill Line, which has been in place for many years; AND WHEREAS this Boundary Agreement has outlined the shared responsibilities regarding maintenance, capital and operations; AND WHEREAS throughout the duration of the last 10 year agreement on Churchill Line, each municipality has undertaken substantial improvements to their section of the road including application of tar and chip and road rebuilding; Page 7 of 113 AND WHEREAS throughout the duration of the last 10 year agreement on Churchill Line, despite the application of extensive road improvements by both parties, neither municipality exercised clause 7 in the proposed agreement regarding shared payment for road improvements; AND WHEREAS throughout the duration of the last 10 year agreement on Churchill Line, each municipality paid all costs associated with maintenance and improvements on its designated section of the road as per the agreement; NOW THEREFORE, the Warwick Township Public Works Committee hereby declares: THAT the practice followed for more than a decade of each municipality coverings costs for improvements to their designated section of Churchill Line be continued; AND THAT clause 7 of the proposed agreement be amended to reflect past practices as follows: "No new construction work or replacement work, over the value of $25,000, shall be commenced without notification having been first provided to the Council of each municipality at least one month prior to commencement of construction. The cost of all construction or replacement projects shall be paid completely by the municipality responsible for the section of the road, as outlined in clauses 2 and 3"; AND THAT a revised agreement on Churchill Line be presented to the Municipality of Brooke-Alvinston for approval. - Carried. As per the Public Works Committee`s direction, please find enclosed a revised proposed agreement for approval by the Council of the Municipality of Brooke-Alvinston. Warwick Township looks forward to continuing our partnership on the care and maintenance of Churchill Line. Kindest Regards, Amanda Gubbels Administrator/Clerk Township of Warwick Page 8 of 113 Cc: Greg Storms, General Manager of Public Works and Parks and Recreation Proposed Operational Agreement on Boundary Road – Churchill Line THE CORPORATION OF THE TOWNSHIP OF BROOKE-ALVINSTON By-law Number xx of 2017 Being a By-law to Authorize an Agreement For the Maintenance and Repair of Boundary Roads Between the Township of Warwick and Municipality of Brooke-Alvinston WHEREAS the said municipalities are adjoining municipalities and are desirous of entering into an Agreement under the provisions of the Municipal Act, 2001, S.O. 2001, c25, S20(1) dealing with the maintenance and repair of boundary roads between such municipalities; AND WHEREAS the Council deems it expedient to enter into such an agreement for the repair and maintenance of such boundary road with Warwick Township; NOW THEREFORE, BE IT ENACTED AS FOLLOWS: 1. That an agreement be entered into by the Corporation of the Township of Warwick and the Corporation of the Municipality of Brooke-Alvinston as described in Schedule “A” forming part of this by-law for the maintenance and repair of the boundary road between Warwick and Brooke-Alvinston Townships.