The Corporation of the Municipality of Leamington

Transcription

The Corporation of the
Municipality of Leamington
Meeting of Municipal Council
Agenda
Monday, July 15, 2013
Commencing at 7:00 p.m.
In Leamington Council Chambers
Special Closed Meeting of Council to be held at 6:30 p.m. in the Ante Room regarding
update on disposition of property 62 to 64 Talbot Street West
(A)
Call to Order:
(B)
National Anthem:
(C)
Prayer:
(D)
Disclosures of Pecuniary Interest:
(E)
Adoption of Council Minutes:
1. Minutes of the Council Meeting (including Public Meeting minutes regarding
Zoning By-law Amendment 70 for N. Sawatzky Farms Inc. at 913 Talbot Road
East and Zoning By-law Amendment 72 for Tiessen Acres Ltd. at 1739 Mersea
Road 1) held July 8, 2013
Pages 5 to 17
(F)
Business Arising Out of the Minutes:
(G)
Public Meetings/Court of Revision:
1. Public Meeting for Fraser Road Drain New Assessment Schedule
2. Public Meeting for 1st Concession Road Drain East Bridges for Tiessen Acres
Ltd.
3. Public Meeting for Lamarsh Creek and William Young Drain, Drain Re-alignment
Page 1 of 53
Page 2, July 15, 2013 Council Meeting Agenda
4. Public Meeting for Lapos Drain New Assessment Schedule
(H)
Reports of Staff and Delegations:
1. Delegation, Non-compliance to the Noxious Weed Act and Property Standards
Act
• Joseph Isley, 1234 Mersea Road 1
2. Report PLA 25/13 dated June 13, 2013 regarding Zoning By-Law Amendment
ZBA # 74, Sunrite Greenhouses Ltd., 620 Essex Road 37
(Tax Roll number 730-00250)
Pages 18 to 21
•
Paul Enns, Solicitor for Applicant
3. Report PLA 26/13 dated June 14, 2013 regarding Zoning By-Law Amendment
ZBA # 73, Magri Greenhouses Inc., S/S Mersea Road 3 (Tax Roll number 59006300) and Tom Magri, 308 Mersea Road 3 (Tax Roll number 590-06500)
Pages 22 to 26
•
Richard McGrath, Solicitor for the Applicant
4. Report PLA 29/13 dated June 20 2013 regarding Extension of Draft Plan
Approval, Cervini Farms Ltd. “The Brooks” County of Essex File number 37-T03007 (Tax Roll numbers: 640-10100, 640-10300,640-10500, 070-00400)
Pages 27 to 31
•
Christopher Todorovski, Student at Law, Agent for the Applicant
5. Report FD 2/13 dated June 25, 2013 regarding Auto Extrication Equipment,
Request for Pricing
Pages 32 to 33
6. Report ENG 12/13 dated June 20, 2013 regarding County Wide Active
Transportation Project Applications 2014
Pages 34 to 39
7. Report ES 03/13 dated June 17, 2013 regarding Engineering Services for 2013
Pollution Control Centre Capital Projects
Pages 40 to 45
8. Report FIN 13-07-01 dated July 10, 2013 regarding Agreement with the Province
of Ontario under the Dedicated Gas Tax Funds for Public Transportation Program
Pages 46 to 47
9. Report CL 18/13 dated June 12, 2013 regarding Essex Power Corporation
Appointment of Proxyholder for Shareholders’ 2013 Annual Meeting
Pages 48 to 49
Page 2 of 53
10. Report CL 20/13 dated July 11, 2013 regarding Request for Temporary Extension
for Liquor Licence, International Hotel, 35 Erie Street South, July 26 and July 27,
2013
Pages 50 to 53
(I)
Matters for Approval: None
(J)
Other Matters for Consideration: None
(K)
Report on Closed Session:
(L)
Consideration of By-laws:
By-law 299-13 being a by-law to provide for a new maintenance schedule for the
Fraser Road Drain in the Municipality of Leamington in the County of Essex
(1st and 2nd reading)
By-law 303-13 being a by-law to provide for a new maintenance schedule for the
Lapos Drain in the Municipality of Leamington in the County of Essex
(1st and 2nd reading)
By-law 304-13 being a by-law to provide for bridges for Tiessen Acres Ltd. on the
1st Concession Road Drain East in Part Lots 16 and 17, Concession 1 in the
Municipality of Leamington in the County of Essex and for borrowing the sum of
62,000 for completing the drainage works (1st and 2nd reading)
By-law 308-13 being a by-law to provide for a re-alignment on the Lamarsh Creek
and William Young Drain in Part Lot 239 STR Concession in the Municipality of
Leamington in the County of Essex (1st and 2nd reading)
By-law 309-13 being a by-law to confirm the proceedings of the Council of The
Municipality of Leamington at its meeting held July 15, 2013.
(M)
Notices of Motion:
(N)
Open Session:
(O)
Announcement of Upcoming Meetings/Events:
None
Tuesday, July 16, 2013
• Special Meeting of Council Organizational Review, 8:30 a.m., Council
Chambers
Page 3 of 53
Wednesday, July 17, 2013
• Union Water, 9:00 a.m., Kingsville Arena Community Room
• Public Information Centre Point Pelee Drive/Bevel Line Sanitary Sewage
Collection System Class Environmental Assessment,
4:00 p.m. to 9:00 p.m., Pelee Days Inn and Conference Centre
• County Council, 7:00 p.m., County Council Chambers
Monday, July 22, 2013
• Council Meeting, 7:00 p.m., Council Chambers
(P)
Statement of Members: non-debatable
(Q)
Adjournment:
mam
Page 4 of 53
Minutes of Council Meeting
Held Monday, July 8, 2013 at 7:00 p.m.
Members Present:
Mayor Paterson
Deputy Mayor Wright
Councillors: Atkin, Chopchik, Jacobs, MacDonald, Verbeke
Staff Present:
Chief Administrative Officer Bill Marck
Director of Community Services Rob Sharon
Director of Development Services Tracey Pillon-Abbs
Manager of Corporate Services Kim Siddall
Manager of Culture and Recreation Amanda Smith
Manager of Planning Services Danielle Truax
Council Services Assistant Mary Ann Manley
Disclosures of Pecuniary Interest:
Councillor Verbeke declared a pecuniary interest with respect to Council Memo dated June
28, 2013 regarding Letter of Support for Southshore Broadcasting and Verbeke Farms
request for an 80’ Communication Tower and did not take part in the discussion or vote on the
matter.
Adoption of Council Minutes:
No. C-226-13
Moved by:
Seconded by:
Councillor Verbeke
Councillor MacDonald
Minutes of the Council Meeting held June 17, 2013 be adopted.
Carried
Business Arising Out of the Minutes:
Bill Marck, Chief Administrative Officer, stated resolution C-222-13 required an amendment to
reflect the correct account number.
Page 5 of 53
Page 2, July 8, 2013 Council Meeting Minutes
No. C-227-13
Moved by:
Seconded by:
Councillor Jacobs
Councillor Chopchik
Minutes of the Council Meeting held June 17, 2013 be adopted as amended.
That resolution C-222-13 be amended to read:
That expenses in the maximum amount of $7,085.36 for the completion of the
land exchange between the municipality and H.J. Heinz be funded through the
Rails/Trails Corridor Reserve, being account number
40-3-0220-0371-000220;
And that expenses in the maximum amount of $13,047.10 for completion of the
land acquisition at the northwest corner of Erie Street North and Wilkinson Drive
be funded through the Engineering Reserve account, being account number
40-3-0220-0377-000220. (Report CL/16/13)
Carried
Public Meetings/Court of Revision:
There was a Public Meeting regarding zoning by-law amendment # 70 for N. Sawatzky Farms
Inc. at 913 Talbot Road East. A copy of the minutes is attached.
There was a Public Meeting regarding zoning by-law amendment # 72 for Tiessen Acres Ltd.
at 1739 Mersea Road 1. A copy of the minutes is attached.
Reports of Staff and Delegations:
1. Delegation - Questions concerning Property Standards and Road By-Laws
Joseph Isley, 1234 Mersea Road 1, expressed his concerns with trespassing on private
property and debris left on municipal roads. Mr. Isley distributed to Council copies of the
statement he read.
Council noted Mr. Isley’s concern with trespassing is not an issue for Council consideration.
Bill Marck, Chief Administrative Officer, stated there are conditions of municipal contracts that
contractors must leave the work area in a clean state. The contractor is responsible for
cleaning up after themselves and municipal supervisors to follow-up with their contractors.
Mr. Marck advised the municipality did not receive complaints regarding the contractor from
Jema Foods regarding trespassing. Mr. Marck reported municipal staff went to the site and
felt there was no concern with the debris on the road. Mr. Marck will ensure a copy of the
correspondence to Seacliff Energy dated November 21, 2012 is forwarded to Mr. Isley’s
attention.
Page 6 of 53
Council suggested Mr. Isley document future incidents by taking photographs for
confirmation. Council asked Mr. Isley to contact the municipality at anytime he has a concern.
2. CUPW Local 500 request for support of resolution to halt the downsizing and downgrading
of Leamington’s Post Office
Sue Markham, President Canadian Union of Postal Workers (CUPW) Local 500 and Debbie
Bennett, Canada Post Employee, thanked Council for allowing them to make their
presentation. CUPW Local 500 includes Canada Post employees in Leamington, Kingsville,
Essex and Amherstburg. Ms. Markham distributed background information to Council
regarding the proposed downsizing. Ms. Markham requested Council pass a resolution to halt
the downsizing of the Canada Post Office in Leamington. Ms. Bennett distributed to Council
pictures of the current service counter at Shoppers Drug Mart in Leamington and a picture of
the proposed renovated lobby for Leamington Post Office. Ms. Markham said the proposed
Leamington renovations will take place on July 19, 2013. Ms. Markham is concerned this
process will be similar to privatization of Canada Post.
Council asked Ms. Markham to provide background information on the services provided in
Leamington. Ms. Markham noted many services are being transferred to the private sector. A
letter delivered in Leamington is now shipped to London or Toronto for sorting even a letter
addressed with a Leamington address.
No. C-228-13
Moved by:
Seconded by:
Deputy Mayor Wright
Whereas Canada Post is reviewing every post office across the country to see if
outlets can be downsized in line with “a new smaller retail model”;
Whereas when Canada Post first implemented this model in Chatham, Ontario, it cut
the size of the post office in half and eliminated 1.5 positions leaving one clerk and
frustrated customers who have complained about long wait times;
Whereas the financial viability of our post office and service levels are likely to suffer if
Canada Post decides to make our post office smaller;
Whereas the Federal Government’s Canadian Postal Service Charter requires that
Canada Post consult with the public and others when closing, moving or amalgamating
a post office, but not when significantly downsizing an outlet;
Be it resolved that the Municipality of Leamington write a letter to Steven Fletcher, the
Minister responsible for Canada Post and ask that he instruct Canada Post to halt any
plans the Corporation may have to downsize and downgrade the post office at 25 John
Street, Leamington, Ontario; and consult with the public and others to improve the
Canadian Post Service Charter by developing a better process for making changes to
the retail and delivery network.
Carried
Page 7 of 53
3. Council Memo dated June 28, 2013 regarding letter of support for Southshore
Broadcasting and Verbeke Farms request a 80’ Communication Tower
Bill Marck, Chief Administrative Officer, summarized the memo.
It was noted that Tony Vidal, President and CEO Southshore Broadcasting was in the
audience.
No. C-229-13
Moved by:
Seconded by:
Councillor Atkin
Councillor Jacobs
That the Council of the Corporation of the Municipality of Leamington advise Industry
Canada that they have no objection to Southshore Broadcasting Inc. (CTV34 DT) and
Verbeke Farms erecting an 80 foot communications tower at 219 Essex Road 18,
Leamington, Ontario.
Carried
4. Report PLA 28/13 dated June 17, 2013 regarding Zoning By-law Amendment # 71, P.
and F. Zeiter, 20 Grace Avenue (Tax Roll No. 010-12100)
Danielle Truax, Manager of Planning Services presented the report noting the application is a
condition of consent application B/16/13.
It was noted that Dave and Tony Zeiter, Agents for the Applicants, were in the audience.
A Council discussion occurred on the possible integrity of the subdivision due to the shape of
the parcel removed from the residential property and the fact the abutting parcel is to be used
for additional parking.
No. C-230-13
Moved by:
Seconded by:
Councillor Jacobs
Councillor Verbeke
That Zoning By-law Amendment Application ZBA # 71, 20 Grace Avenue
(P. & F. Zeiter) was reviewed and deemed to be complete pursuant to the
requirements of the Planning Act to change the zone of the severed lands from the
Residential Zone (R2) to the Commercial Highway Zone (C2) (PLA-28-13);
And that Administration be directed to schedule the required Public Meeting;
And that if no concerns are raised at the public meeting the Clerk be directed to
forward the amending by-law to Council for its consideration.
Carried
Page 8 of 53
5. Report PLA 27/13 dated June 17, 2013 regarding Housekeeping Amendment Zoning Bylaw Amendment # 44 Parking and Storage of Recreational Vehicles
Danielle Truax, Manager of Planning Services summarized the report.
In response to a question from Council, Ms. Truax said she did not have the background
information in order to determine whether the trailer in question will be legal non-complying.
Council asked if the inclusion of the words, “and commercial” would solve the problem.
In response to a question from Council, Ms. Truax stated the onus is on the property owner to
provide proof of legal non compliance use to satisfy By-law Enforcement staff.
A Council discussion was held on the “grandfather clause.” Council asked for clarification on
whether legal non-conforming status is applied to the person or the property.
In response to a question from Council, Ms. Truax confirmed measurements for recreational
vehicles would include the hitch of the vehicle to determine setbacks.
No. C-231-13
Moved by:
Seconded by:
Councillor Verbeke
Councillor Chopchik
That Report PLA-27-13 dated June 17, 2013 regarding Housekeeping Amendment
Zoning By-law Amendment # 44 Parking and Storage of Recreational Vehicles be
deferred until July 22, 2012.
Carried
6. Report REC 17/13 dated June 17, 2013 regarding Commercial Lease for the Leamington
Kinsmen Recreation Complex
Amanda Smith, Manager of Culture and Recreation presented the report.
No. C-232-13
Moved by:
Seconded by:
Councillor Atkin
Councillor Verbeke
That the Municipality of Leamington enter into a three year lease agreement, from July
1, 2013 to June 30, 2016, with the South Essex Community Council for office space
located in Leamington Kinsmen Recreation Complex (400 square feet);
That the monthly lease amount be established at $368.73, plus HST for the duration of
the agreement;
And, that the South Essex Community Council provide a certificate of insurance in the
amount of $2 million dollars, naming the Municipality of Leamington as additional
insured. (REC 17/13).
Carried
Page 9 of 53
7. Report ENG 11/13 dated June 17, 2013 regarding 2013 Asphalt Program Tender Award
Robert Sharon, Director of Community Services summarized the report.
No. C-233-13
Moved by:
Seconded by:
Councillor Verbeke
Deputy Mayor Wright
That the 2013 Asphalt Program contract be awarded to Mill-Am Corporation, 2199
Blackacre Drive, Oldcastle Ontario for an amount not to exceed $248,366.69 (plus all
applicable taxes) and be charged to account (10-5-0620-7630-002030-008324).
(ENG 11-13)
Carried
Matters for Approval:
Kim Siddall, Manager of Corporate Services, requested consideration of the following
resolution to establish due dates for Supplementary Tax Run 1:
No. C-234-13
Moved by:
Seconded by:
Councillor Atkin
That tax levy due dates be established in two (2) installments of July 24, 2013 and
August 14, 2013 for supplementary assessment notices issued on or about July 3,
2013 under Sections 33 and 34 of the Assessment Act.
Carried
No. C-235-13
Moved by:
Seconded by:
Councillor Verbeke
That the Minutes of the Skateboard Park Committee held March 25, 2013 and June 20,
2013 be approved.
Carried
No. C-236-13
Moved by:
Seconded by:
Councillor Verbeke
Councillor Chopchik
That the Minutes of the Mayor’s Youth Advisory Committee held May 22, 2013 be
approved.
Carried
Page 10 of 53
No. C-237-13
Moved by:
Seconded by:
Deputy Mayor Wright
Councillor Jacobs
That the Minutes of the Economic Development Committee held June 18, 2013 be
approved.
Carried
Other Matters for Consideration:
No. C-238-13
Moved by:
Seconded by:
Councillor Verbeke
Councillor Atkin
That the correspondence received from Clearview Township dated June 13, 2013
regarding request for support for limiting Industrial Wind Turbine Projects (IWT) to
communities that are willing hosts be received.
Carried
Council direction was given to staff to prepare an information report as it relates to the
legislation that governs the installation of Wind Turbines.
Page 11 of 53
Kim Siddall, Manager of Corporate Services, read the following resolution. A Council
discussion was held on possible funding for the Windsor Essex County Health Unit. It was
suggested the resolution include the words “from the Province” to denote where the funding
should be found.
No. C-239-13
Moved by:
Seconded by:
Deputy Mayor Wright
Councillor Atkin
Whereas Windsor-Essex is a region of poor health status, lifestyle practices and social
determinants such as high unemployment and immigration rates;
Whereas the WECHU has a strong infrastructure of community partnerships with the
collective capacity to create a healthy community;
Whereas the WECHU has a current plethora of health promotion projects which can be
augmented to a population based level;
Whereas every one dollar invested in healthy eating and physical activity promotion
saves six dollars in the cost of chronic disease;
Whereas total costs for Windsor-Essex County exceed $297 million per year for
unhealthy eating, physical inactivity, and unhealthy weights;
Whereas the WECHU requires additional funding from the Province to address the
current community health status deficit in the area of childhood obesity and chronic
disease;
Now therefore be it resolved that the Board of the Windsor Essex County Health Unit
endorse the Raising Healthy Children: A Healthy Strategy for Windsor Essex Proposal
and request the Ministry of Health and Long Term Care to recognize the WindsorEssex region as a demonstration site to implement the strategies recommended in the
No Time to Wait report.
Carried
No. C-240-13
Moved by:
Seconded by:
Councillor Jacobs
That the Minutes of the Leamington Police Services Board held May 22, 2013 be
received.
Carried
Report on Closed Session: None
Page 12 of 53
Consideration of By-laws:
No. C-241-13
Moved by:
Seconded by:
Councillor Verbeke
That the following by-law be read a first, second and third time and finally enacted:
By-law 300-13 being a by-law to amend the Comprehensive Zoning By-law
No. 890-09 for the Municipality of Leamington, which pertains to the subject
lands ZBA 70 – 913 Talbot Road East.
Carried
No. C-242-13
Moved by:
Seconded by:
Councillor Chopchik
Councillor Atkin
By-law 301-13 being a by-law to amend the Comprehensive Zoning By-law
No. 890-09 for the Municipality of Leamington, which pertains to the subject
lands ZBA 72 – 1739 Mersea Road 1.
Carried
Councillor Verbeke declared a pecuniary interest with respect to Council Memo dated June
28, 2013 regarding Letter of Support for Southshore Broadcasting and Verbeke Farms
request for an 80’ Communication Tower and did not take part in the discussion or vote on the
report or the By-law.
No. C-243-13
Moved by:
Seconded by:
Councillor Chopchik
By-law 307-13 being a by-law to confirm the proceedings of the Council of The
Municipality of Leamington at its meeting held July 8, 2013.
Carried
Notices of Motion: None
Page 13 of 53
Open Session of Council and Administration:
Mayor John Paterson reported:
• On June 18th to the 21st, 2013 the Mayor attended the Great Lakes and St. Lawrence
Cities Initiative held in Marquette, Michigan. Topics included nuclear waste, algae
blooms, invasive species like the Asian Carp and low water levels in the Great Lakes.
Mayor Paterson will prepare a full report for Council’s information. Information can be
found at www.glslcities.org
• On June 24, 2013, the Mayor hosted Grade 5 and 6 students from Queen of Peace
School for a question-answer period in the Leamington Council Chambers.
• On June 26, 2013, the Mayor attended Leamington District Memorial Hospital (LDMH)
Award Day. LDMH was awarded “Exemplary Status” from Accreditation Canada. This
was quite a feat of success as there were 1,700 various points of judgement and
LDMH scored 99.5% on all of them over a three year period.
• On June 27, 2013, the Mayor attended the Leamington District Secondary School
graduation celebration and presented the Lieutenant Governor’s Community Volunteer
Award to Miss Nicole Laporte.
• On June 29, 2013, the Mayor, MP Dave Van Kesteren, MPP Rick Nicholls and
Councillor MacDonald attended the Canada Day Celebration held at the Leamington
Mennonite Home.
Deputy Mayor Wright expressed appreciation to Terry and Joan McSweeney for their
generous donation which allowed the Windsor Symphony Orchestra Brass Quintet to perform
at Seacliff Park on Friday, July 5, 2013 as part of their water music series. Deputy Mayor
Wright noted there were a large number of families with children in attendance.
In response to a question from Councillor Atkin, Bill Marck, Chief Administrative Officer,
reported he attended an Ontario Provincial Police Billing Reform Project on May 17, 2013 in
Ingersoll. Mr. Marck will provide Council with the results of the session and survey.
Councillor Atkin requested Robert Sharon, Director of Corporate Services, to discuss at a
future meeting the issue of Winter Control policy. Mr. Marck responded the Winter Control
policy T06 - Infrastructure Municipal Right-of-ways can be attached to the report that Mr.
Sharon will be preparing for Council regarding roads and surface treatment. Council also
requested information on the County’s policy for Winter Road Control.
Deputy Mayor Wright asked staff to report on the number of calls received following the rain
event on Friday, June 28, 2013. Mr. Sharon replied the rain event was considered a 1 in 100
year storm event. The Municipality received forty (40) calls with twelve (12) calls concerning
basement flooding. The flooded area occurred areas which flooded were where combined
sewers existed. There was significant flooding in the Hodgins, Smith and Elliott Street area.
Mr. Sharon explained during these events the roads will act as a back-up catch basin, holding
the water until the sewers can catch up. Residents were reminded of the Back flow
Prevention program noting the rebate for program is for new installations only.
Page 14 of 53
Statement of Members: non-debatable
Deputy Mayor Wright congratulated the Leamington Hospital on its recent success with their
accreditation status where the hospital achieved an “exemplary status” with a 99.5% success
rate out of 1,745 categories and that the hospital will continue to operate as a full-fledged
hospital.
Deputy Mayor Wright also mentioned again that he was opposed to the organizational review
being conducted by the municipality. It is the position of the Deputy Mayor that the review is
needed but should not be conducted until the municipality has a new Chief Administrative
Officer in place.
Adjournment:
No. C-244-13
Moved by:
Seconded by:
Councillor Verbeke
Councillor Jacobs
That the meeting adjourn at 9:44 p.m.
Carried
John Paterson, Mayor
Brian Sweet, Clerk
Page 15 of 53
Minutes – Public Meeting
Zoning By-law Amendment # 70 – N. Sawatzky Farms Inc.,
913 Talbot Road East
Monday, July 8, 2013 at 7:03 p.m.
Members Present:
Staff Present:
Mayor Paterson
Deputy Mayor Wright
Danielle Truax, Manager of Planning Services, provided background information on the
request for a zoning by-law amendment for N. Sawatzky Farms Inc. noting the application
was a condition of Committee of Adjustment application B/09/13. Ms. Truax advised there
was a sign in sheet for those wishing to speak located at the press table near the west
entrance.
Ms. Truax advised she received correspondence dated July 8, 2013 from Abe Klassen,
911 Talbot Road East, who had planning concerns with pollution and general greenhouse
development.
Donald Haggith, 1321 Deer Run Road, wanted to know which direction the property drains
towards as he has concerns about his residential property being flooded. Ms. Truax would
provide Mr. Haggith with the information he requested and noted drainage would be
addressed in the site plan control agreement.
Mayor Paterson confirmed there was no one else in the audience wishing to speak
regarding this public meeting.
Council thanked everyone for attending and expressing their concerns.
The meeting adjourned at 7:09 p.m.
mam T:\Corporate\C00-Council&By-laws\C04-CouncilMeetings\2013 Council\070813\ZBA 70\070813-PM Minutes-ZBA 70.doc
Page 16 of 53
Minutes – Public Meeting
Zoning By-law Amendment # 72 – Tiessen Acres Ltd.,
1739 Mersea Road 1
Monday, July 8, 2013 at 7:10 p.m.
Members Present:
Staff Present:
Mayor Paterson
Deputy Mayor Wright
Danielle Truax, Manager of Planning Services, provided background information on the
request for a zoning by-law amendment for Tiessen Acres Ltd. noting the application is a
condition of consent for Committee of Adjustment application B/11/13.
Mayor Paterson confirmed there was no one in the audience wishing to speak regarding
this public meeting.
The meeting adjourned at 7:11 p.m.
mam T:\Corporate\C00-Council&By-laws\C04-CouncilMeetings\2013 Council\070813\ZBA 72\070813-PM Minutes-ZBA 72.doc
Page 17 of 53
PLA-25-13
REPORT
TO:
MAYOR AND MEMBERS OF COUNCIL
FROM:
DANIELLE TRUAX, MANAGER OF PLANNING SERVICES
DATE:
SUBJECT:
JUNE 13, 2013
ZONING BY-LAW AMENDMENT – ZBA#74
SUNRITE GREENHOUSES LTD.
620 ESSEX ROAD 37 (TAX ROLL NO. 730-00250)
AIM:
To provide Council with information regarding an application to amend Zoning By-law #890-09
for property located at 620 Essex Road 37 and to recommend that the application be refused.
BACKGROUND:
Staff has received an application to amend the zoning for a portion of land described as Part Lot
19, Concession 6 in the former Township of Mersea known municipally as 620 Essex Road 37
(see inserted key map). The application has been submitted as a condition of approval for
consent application (B/02/13) which was given provisional consent by the Committee of
Adjustment on January 22, 2013.
Subject Property
Subject Property
620 County Rd. 37
1997 Retirement Lot
610 County Road 37
2001 Lot Creation
616 County Rd 37
2001 Infilling Lot Denied
2004 Lot Addition to Farm
2013 Surplus Dwelling Lot
612 County Road 37
Page 18 of 53
PLA-25-13 ZBA# 74 – 620 ESSEX ROAD 37 (SUNRITE GREENHOUSES LTD.)
2
B/02/13
The purpose of consent application B/02/13 was to sever the existing dwelling at 620 County
Road 37 as a surplus dwelling from the balance of the farm owned by Sunrite Greenhouses Ltd.
The surplus dwelling lot measures 30 m (100 ft) by 158 m (518) and results in a 0.48 ha (1.2 ac)
lot. As a condition of the approval, the lands must be rezoned from the Agricultural Hobby Farm
Zone (A3) to Agricultural Residential Zone (A5) to reflect the resulting residential use of the
severed property.
Administration was not in support of the application to create the surplus dwelling lot as it did not
conform to the Land Division Policies of the Official Plan (OP). In particular, the subject property
exceeds the maximum number of permitted severances for lot creation under subsection 5.4.2.
j) of the OP.
Municipal records indicate the property has been subject to a number of severances granted by
the Committee of Adjustment. In 1997. the Owner’s of the farm were granted a retirement lot
(B/147/97) to sever the existing home at 610 County Road 37 from the 8.06 ha (19.93 ac) farm,
shown in red on the key map.
A second vacant lot was taken from the retained farm 6.5 ha (16.3 ac) greenhouse farm in 2001
(B/104/01) and the home at 616 County Road 37 was constructed in 2002, shown in blue on the
key map.
The owner’s of 610 County Rd 37 applied in 2004 (B16/04) to sever an infilling lot shown in
green on the key map. The application was denied, as the retained and severed parcels did not
comply with the minimum lot area requirements.
The owner’s of 610 County Road 37 applied a second time in 2004 (B/29/04) to add the area
shown in green on the key map back to the farm.
COMMENTS AND ANALYSIS:
Provincial Policy Statement (PPS):
Areas identified as Prime Agricultural Areas, as defined by the PPS, are to be protected for longterm use for agricultural purposes. Within the agricultural area permitted uses and activities
include agricultural uses, secondary uses and agriculture-related uses.
Lot creation for the propose of severing an existing dwelling deemed to be surplus to the needs
of a farm as a result of farm consolidation is permitted in accordance with Section 2.3.4.1 of the
PPS. Surplus dwelling lots can be created provided municipalities take the necessary action to
ensure that no further residential dwellings can be constructed on the retained farm parcel. The
PPS does not establish the criteria that allow municipalities to create surplus dwelling lots. The
criteria, for example how large the original farm is, how many other severances have been
granted or whether the owner is a bona fide farmer or how long the property has been owned by
an applicant are established in the local planning documents.
The consent granted by the Committee of Adjustment included the standard requirement to
enter into an agreement with the Municipality to prohibit any new residential dwellings which is
consistent with the direction of Section 2.3.4.1 of the PPS. It is noted that the there is an
existing residential structure on the retained farm used for the accommodation of farm help. The
applicant has requested that the residential use for farm help be permitted.
Page 19 of 53
3
The approved consent is not consistent with the overlying direction of the PPS established in
Section 2.3.1 to protect farm land for long term agricultural uses.
The proposed zoning amendment to permit the residential use of the property is not consistent
with the direction of the PPS.
County of Essex Official Plan 2005 (OP):
The subject lands are designated within the Agricultural Area on Schedule “A” of the County OP.
The land use goals contained within the County OP are to protect prime agricultural areas for
agricultural purposes and to discourage the creation of lots outside of the settlement area,
except as permitted by the local Official Plans. The County Official Plan states that lot creation
should occur by way of Plan of Subdivision when four or more lots are created. Applications for
lot creation for three are fewer lots are delegated to the local municipality.
Section 4.6.4 of the County OP requires that lot creation applications considered by a
municipality must conform to the policies of the County OP and the PPS. The approval of
consent application B/02/13 does not conform to the land division policies and the overall land
use goals for lands shown in the Agricultural Area.
The proposed zoning to permit the residential use of the property does not conform to the land
use goals for lands shown in the Agricultural Area.
Leamington Official Plan, 2008 (OP):
The subject property is designated Agricultural on Schedule “A-2” of the Leamington OP. The
goals of the Land Use and Land Division Policies in the OP are to preserve prime agricultural
land for agricultural purposes and to restrict the type and amount of non-farm development. The
creation of a surplus dwelling lot from the subject property does not comply with the Land
Division Policies of Section 5.4 of the Official Plan.
Administration did not support the approval of consent application B/02/13 which created the
residential lot. For that reason, Administration is not in a position to support the application to
rezone agricultural lands to recognize the future residential use of the property.
Leamington Zoning By-law #890-09:
The subject farm property is currently zoned Agricultural Hobby Farm Zone (A3) on Map 20 of
Zoning By-law #890-09. To fulfill a condition of the provisional consent granted by the
Committee of Adjustment the property owner has applied to rezone the severed surplus dwelling
lot to the Agricultural Residential Zone (A5).
Both properties comply with the lot area and frontage requirements of the applicable zones.
In consideration of the retained and severed surplus dwelling lot, the Committee of Adjustment,
has deemed the lot area and frontage to be adequate to allow for appropriate servicing, access,
compliance with the Zoning By-law and appropriate for normal agricultural practices.
Administration is not in support of the proposed zoning amendment as the creation of the
surplus dwelling lot does not conform to the land division policies of the Official Plan.
Page 20 of 53
4
CONCLUSION:
Administration has completed their review of the proposed application as part of the approval for
consideration of the severance. As set out in the Planning Act, a complete application includes
any ‘prescribed information’ identified in the regulations of the Planning Act and any ‘additional
information’ required by the municipality, as identified in its official plan. Due to the nature of the
proposed zoning change it is Administration’s position that additional information is not required.
Administration was not in support of the creation of the surplus dwelling lot as it did not conform
to the land division policies of the Official Plan. For that reason Administration, is not in a
position to support the zoning which supports the creation of the surplus dwelling lot. It is
suggested that this application should be refused. It is Administration’s opinion that:
i)
The application is not consistent with the policy statements issued under subsection 3 (1)
of the Planning Act.
ii) The proposed amendment does not conform to the overall goals and policies of the
Official Plan.
iii) The proposed amendment does meet the criteria used when considering applications to
amend the zoning by-law.
Council may refuse the application and provide notification to the applicant. Upon notification
the applicant may appeal Council’s refusal to consider the zoning amendment application to the
Ontario Municipal Board. Council should be able to demonstrate that its decision was fully
supported by relevant information and that the information was considered by Council.
Council may also direct Administration to proceed to a public meeting and that the required
Notice be given in accordance with the regulations of the Planning Act. R.S.O.
RECOMMENDATION:
THAT Zoning By-law Amendment Application ZBA#74 (Sunrite Greenhouses Ltd.) to change the
zone of the severed lands from the Agricultural Hobby Farm Zone (A3) to the Agricultural
Residential Zone (A5) was reviewed and deemed to be complete pursuant to the requirements
of the Planning Act (PLA-25-13);
AND THAT Council refuse the application for the following reasons:
i) The application is not consistent with the policy statements issued under subsection 3 (1)
Official Plan.
Respectfully submitted,
_________________________
Danielle Truax
Manager of Planning Services
:dt
Tracey Pillon-Abbs
Director of Development Services
Page 21 of 53
PLA-26-13
REPORT
TO:
FROM:
DATE:
SUBJECT:
JUNE 14, 2013
ZONING BY-LAW AMENDMENT – ZBA#73
MAGRI GREENHOUSES INC. S/S MERSEA ROAD 3
(TAX ROLL NO. 590-06300) and
TOM MAGRI – 308 MERSEA ROAD 3
(TAX ROLL NO. 590-06500)
AIM:
To provide Council with information regarding an application to amend Map 34 of Zoning By-law
#890-09 for vacant farmland located on the south side of Mersea Road 3, as well as the abutting
farm at 308 Mersea Road 37 and to recommend that the application be refused.
BACKGROUND:
Staff has received an application to amend the zoning for land described as Part Lot 3,
Concession 2 in the former Township of Mersea being a vacant farm on the south side of
Mersea Road 3, as well the abutting farm known municipally as 308 Mersea Road 3 (see
inserted key map). The application has been submitted as a condition of approval for consent
application (B/08/13) which was given provisional consent by the Committee of Adjustment on
March 26, 2013.
Subject Property
Subject Property
B/08/13
The purpose of consent application B/08/13 was to add 13.77 ha (34.3 acres) of vacant farmland
to the abutting farm at 308 Mersea Road 3. The lot addition resulted in a vacant retained
residential parcel. The retained residential lot measures 47 m (154.73 ft) by 158 m (554.6 ft)
and is 0.8 ha (1.97 ac) in area. As a condition of the provisional consent, the retained lands
must be rezoned from the Agricultural General Zone (A1) to Agricultural Residential Zone (A5)
to reflect the resulting residential use of the severed property.
Page 22 of 53
PLA-26-13 ZBA# 73 – MAGRI GREENHOUSES INC.
2
As a second condition of consent, the lands receiving the lot addition must be rezoned from the
Agricultural Hobby Farm Zone (A3) to Agricultural General Zone (A1) to reflect the resulting farm
lot size. This farm contains an existing dwelling and barn.
Administration was not in support of a lot addition application that would result in a residential lot
not otherwise permitted under the Land Division Policies of the Official Plan (OP) of the
Municipality of Leamington. In particular, Section 5.4.3 of the Official Plan states that lot
adjustments may be permitted for legal or technical reasons provided that:
i)
Both parcels (severed and retained) comply with the provisions of the implementing
Zoning By-law;
ii)
The consent is granted conditional to Section 50(3) or (5) of the Planning Act, R.S.O.
1990; &
iii)
The lot adjustment does not result in the creation of a ‘residential lot’ that would not
have otherwise been allowed under Section 5.4.2 of this Plan.
The proposed severance will result in the creation of a vacant lot, which would otherwise not be
permitted.
Resulting
Retained
Lot
A1 to A5
Resulting
Farm
Lands to be
rezoned
from A3 to
A1
Page 23 of 53
3
COMMENTS AND ANALYSIS:
Provincial Policy Statement (PPS):
Areas identified as Prime Agricultural Areas, as defined by the PPS, are to be protected for longterm use for agricultural purposes. Within the agricultural area permitted uses and activities
include agricultural uses, secondary uses and agriculture-related uses.
Section 2.3.4.2 of the PPS permits lot additions in agricultural areas for legal or technical
reasons. Legal or technical reasons are defined under the PPS as “…means severances for the
purpose such as easements, corrections of deeds, quit claims and minor boundary adjustments
which do not result in the creation of a new lot.”
The consent is not consistent with the direction of the PPS established in Section 2.3.4.2 as it
permitted the creation of a vacant residential lot not otherwise permitted.
The proposed zoning amendment to permit the residential use of the property is not consistent
with the direction of the PPS.
County of Essex Official Plan 2005 (OP):
The subject lands are designated within the Agricultural Area on Schedule “A” of the County OP.
The land use goals contained within the County OP are to protect prime agricultural areas for
agricultural purposes and to discourage the creation of lots outside of the settlement area,
except as permitted by the local Official Plans. Applications for severances are delegated to the
local municipality and should conform to the policies of the County OP and the PPS. The
County OP policies are silent on lot additions or boundary adjustments and this is regulated at
the local level.
The creation of a new vacant residential lot in the agricultural area does not conform to the
Agricultural Land Use Policies of Section 3.3.2 and 3.3.3 of the County Official Plan. The
creation of the residential lot by way of a lot addition does not conform to the policy direction of
Section 3.3.3, in particular, the application:
i)
does not protect prime agricultural areas for agricultural purposes;
ii)
contributes to non-farm uses in the agricultural area; &
iii)
allows residential development outside of settlement area not on full municipal
services.
Leamington Official Plan, 2008 (OP):
The subject property is designated Agricultural on Schedule “A-2” of the Leamington OP. The
goals of the Land Use and Land Division Policies in the OP are to preserve prime agricultural
land for agricultural purposes and to restrict the type and amount of non-farm development. The
creation of a vacant residential lot does not comply with the Land Division Policies of Section
5.4.3 of the Official Plan.
Administration did not support the approval of consent application B/08/13 which resulted in a lot
that would have not otherwise been permitted. The proposed amendment does not conform to
the policies of the Official Plan as it allows the residential use of a lot in the agricultural area.
During the consideration of the lot addition application, Administration did take into account the
rural residential lots located immediately west of the subject property. These lands are
designated as “Rural Residential” in the Official Plan and were designated as such in the Official
Plan for the former Township of Mersea (1993). Administration was also not in a position to
support a request to expand the rural residential designation to allow for the creation of a
residential lot from the subject farm.
Page 24 of 53
4
Leamington Zoning By-law #890-09:
The subject farm property is currently zoned Agricultural General Zone (A1) on Map 34 of
Zoning By-law #890-09. To fulfill a condition of the provisional consent granted by the
Committee of Adjustment the property owner has applied to rezone the retained residential lot to
the Agricultural Residential Zone (A5) to reflect the residential use of the property. Additionally,
as a result of the addition of the lands to 308 Mersea Road 3 that property must be rezoned from
Agricultural Hobby Farm Zone (A3) to Agricultural General Zone (A1)
Both properties comply with the lot area and frontage requirements of the applicable zones.
In consideration of the retained residential lot and resulting farm property at 308 Mersea Road 3,
the Committee of Adjustment, has deemed the lot area and frontage to be adequate to allow for
appropriate servicing, access, compliance with the Zoning By-law and appropriate for normal
agricultural practices.
Administration is not in support of the proposed zoning amendment as the creation of the
residential lot does not conform to the land division policies of the Official Plan. For that reason,
Administration is not in a position to support the application to rezone agricultural lands to
recognize the future residential use of the property.
CONCLUSION:
Administration has completed their review of the proposed application as part of the approval for
consideration of the severance. As set out in the Planning Act, a complete application includes
any ‘prescribed information’ identified in the regulations of the Planning Act and any ‘additional
information’ required by the municipality, as identified in its official plan. Due to the nature of the
proposed zoning change, it is Administration’s position that additional information is not
required.
Administration suggests that this matter should be refused. It is Administration’s opinion that:
i)
The application is not consistent with the policy statements issued under subsection 3 (1)
Official Plan.
Council may refuse the application and provide notification to the applicant. Upon notification
the applicant may appeal Council’s refusal to consider the zoning amendment application to the
Ontario Municipal Board. Council should be able to demonstrate that its decision was fully
supported by relevant information and that the information was considered by Council.
Council may also direct Administration to proceed to a public meeting and that the required
Notice be given in accordance with the regulations of the Planning Act. R.S.O.
RECOMMENDATION:
THAT Zoning By-law Amendment Application ZBA#73 (Magri Greenhouses Inc.) to change the
zone of the retained lands from the Agricultural General Zone (A1) to the Agricultural Residential
Zone (A5) and to change the zone of the farm at 308 Mersea Road 3 from the Agricultural
Hobby Farm Zone (A3) to Agricultural General Zone (A1) was reviewed and deemed to be
complete pursuant to the requirements of the Planning Act (PLA-25-13);
Page 25 of 53
5
AND THAT Council refuse the application for the following reasons:
i)
The application is not consistent with the policy statements issued under subsection
3 (1) of the Planning Act.
ii)
The proposed amendment does not conform to the overall goals and policies of the
Official Plan.
iii)
The proposed amendment does meet the criteria used when considering applications
to amend the zoning by-law.
_________________________
Danielle Truax
Tracey Pillon-Abbs
:dt
Page 26 of 53
PLA-29-13
REPORT
TO:
FROM:
DATE:
JUNE 20, 2013
SUBJECT:
EXTENSION OF DRAFT PLAN APPROVAL
CERVINI FARMS LIMITED – “THE BROOKS”
COUNTY OF ESSEX FILE NO. 37-T-03007
TAX ROLL NO.’S: 640-10100, 640-10300,640-10500, 070-00400
AIM:
To provide Council with information regarding a request for a three year extension of the draft
plan approval for Cervini Farms Limited, known commonly as “The Brooks” Residential Plan of
Subdivision.
BACKGROUND:
Staff has received a request for a three year extension of the draft approval given to the Cervini
Farms Limited Plan of Subdivision for the creation of 332 residential units on land located east
of Erie Street North and south of the East Side Arterial Road (see key map).
Subject Property
Cervini Farms Limited
“The Brooks”
Leamington
Fair Grounds
Page 27 of 53
PLA-29-13 - Extension of Draft Plan Approval - The Brooks Subdivision
2
Legal Description: Part Lots 243 & 244, N.T.R. Concession
Official Plan: Residential, in part and Highway 77 Corridor Commercial, in part and
Open Space & Recreational, in part as shown on Schedule “A-6D”
Zoning #890-09: R1(h), R2(h), R3(h) and C2(h) as shown on Map 29
Lot Area: 31.86 ha (78.7 ac)
30.29 ha (74.84 ac) Residential
1.57 ha (3.87 ac) Commercial
Proposed Plan of Subdivision
114 Single Detached Dwellings
146 Semi-detached units
72 Townhouse units
Lot Frontage:
Erie Street N. – 112.23 m (368.2 ft)
Cedar Avenue – 20 m (66 ft)
Density: 11 units / hectare
The Plan of Subdivision was given draft approval by the County of Essex in 2007 and has been
given the following extensions:
Approval
Draft Plan Approval
Extension Request #1
Extension Request #2
Approval Date
August 15, 2007
August 15, 2010
August 15, 2013
Expiration
August 15, 2010
August 15, 2013
(pending)
The Solicitor for the Cervini Farms Limited Plan of Subdivision has indicated that additional time
is required to comply with the conditions of draft approval. In particular, the availability of
municipal sanitary sewers to service the lands as required by the Ministry of Environment has
not been resolved.
DISCUSSION:
Conditions of Draft Approval
Upon review of the conditions assigned to the draft approval of the plan of subdivision, it
appears that most conditions remain relevant and in the best interest of the Municipality. In
particular, the conditions assigned to the approval require that the developer enter into an
agreement with the Municipality to address all servicing, construction and financial matters
relating to the development of the plan.
The conditions include requirements for stormwater management, sidewalks, a traffic impact
study, MTO land use permits, the provision of parkland, and notices on title regarding the
abutting fairground and the normal use of that property.
The proposed lots continue to comply with the applicable zone provisions of Zoning By-law No.
890-09. The plan provides for a variety of housing types, including singles, semis and
townhouse units, which can be developed appropriately in phases.
Sanitary Services
In 2010, the developer indicated that they had been working with the Ministry of the Environment
(MOE) to address outstanding sanitary servicing issues. Council was advised of the status of
the proposed sanitary servicing for the development in Planning Report PLA/21/10:
“Sanitary sewage from the Brooks Subdivision is planned to discharge into the
proposed North East (NE) Sanitary Trunk sewer. The NE Sanitary Trunk sewer will
extend northerly from the Pollution Control Centre along the East Side Arterial Road
Page 28 of 53
3
Corridor to the intersection of Highway 3 and Highway 77, then northerly to Mersea Road
6. As an interim measure, the developer proposed to discharge sanitary sewage
into the existing sanitary sewer on Cedar Drive. This proposal has met with
opposition from the MOE citing provincial policies prohibiting the discharge of
sanitary sewage from new developments into combined sewer systems, and the
use of holding tanks. The MOE has indicated to the developer that a commitment from
the Municipality to build the NE Sanitary Trunk sewer will be required to obtain an MOE
Certificate of Approval.”
Engineering Services has confirmed that there is no change in the status of the North East
Sanitary Trunk Sewer and that municipal sanitary services are not available to this property at
this time. Discussions took place in 2007 with the developer regarding possible servicing and
funding options to extend the trunk sewer to the northeast extent of Leamington. At that time,
the developer was advised that it is not municipal policy to finance the provision of infrastructure
for the development of private lands.
Recently, Council received a report from the C.A.O. (CAO 18/12) outlining the possibility of
using a portion of the Federal Gas Tax to fund new infrastructure within the Municipality that
may not otherwise be constructed due to cost. The report identified that long range financial
planning using the Federal Gas Tax could help to initiate projects like the North East Truck
Sewer with an expectation that the construction of the infrastructure would generate growth and
assessment within the Municipality.
Status of Harness Racing at Leamington Agricultural Fair Grounds
Recently, an application has been submitted to the Ontario Horse Racing Commission to
approve an additional 10 days of harness racing at the Leamington Agricultural Fair Grounds in
2013. As part of the application, the Municipality has submitted a letter confirming that the
zoning of the property permits the use for harness racing.
That application will be extended for and additional 20 days in 2014. In the long term, it is
expected that a permanent facility will be constructed in Lakeshore for 2015.
A condition of draft approval requires that the owner provide notice on title of the lots abutting
the Fairground, advising of the disturbances which may be created as part of the nature of the
property including daily track maintenance, grass cutting, periodic motorcycle races, 3 day fair
and other events, and that approximately 60 horses are permanently housed at the fairgrounds
and that the racetrack is use for training on a daily basis. It should be noted that the fairground
is not subject to Minimum Distance Separation (MDS) formulae set out by the Ontario Ministry of
Agricultural and Foods (OMAF) as it is not located in an agricultural area.
The increased use of the existing racetrack for harness racing could generate concerns
regarding noise and lighting for the development of the abutting property in the future. The
interim use of the racetrack for periodic harness racing during 2013 – 2015 is appropriate. Under
By-law 431-03 Noise By-law, all events sponsored by the Leamington Agricultural Society are
exempt.
CONCLUSION
Administration is satisfied that the requested three year extension to the draft approval is
appropriate; that the development warrants no further studies and that the plan continues to be
consistent with the policies and direction of the relevant planning legislation and documents.
Page 29 of 53
4
At this time, the municipality has approximately 950 lots of draft approved or registered lots
available for development. Section 3.2.1 of the Official Plan requires that the Municipality
provide an adequate supply of lots available for development. Based on the building permit
records, the Municipality has sufficient lots available for development at this time.
The extension of the draft approval will provide the developer with additional time to prepare
servicing plans to the satisfaction of the MOE and which use existing and required infrastructure
efficiently. It is likely that the development of plan of subdivision would proceed upon the
necessary municipal infrastructure being available. In 2012, Administration received direction
from Council to include projects in the municipality’s long-term financial planning which will
make it feasible for lands within the North East Trunk Sewer area to develop.
There have been no changes to the plan as originally submitted and there have been no
significant changes within the surrounding area or policies of the Municipality which would
influence the development of the plan.
RECOMMENDATION:
THAT the requested three year extension of the draft plan approval for Cervini Farms Ltd. (“The
Brooks”) County of Essex File No. 37-T-03007 to August 15, 2106 be supported (PLA-29-12);
AND FURTHER that the necessary information be forwarded to the County of Essex for
consideration.
Respectfully Submitted,
_________________________
Danielle Truax
Tracey Pillon-Abbs
:dt
ATTACH
Page 30 of 53
5
Page 31 of 53
FD 2/13
REPORT
TO:
FROM:
CHUCK PARSONS, FIRE CHIEF
DATE:
JUNE 25, 2013
SUBJECT:
AUTO EXTRICATION EQUIPMENT
REQUEST FOR QUOTES
AIM:
To report to Council on the results of an RFQ (request for quotes) for the purchase of two sets of
auto extrication equipment, including accessories and to recommend the award to the lowest
qualified bidder.
BACKGROUND:
The current sets of auto extrication equipment were purchased in the early 1980’s.
The current sets have served their useful life and are fully amortized.
Three RFQ were opened and reviewed on June 17, 2013. The results are as follows:
SUPPLIER
MANUFACTURER
*COST
Darch Fire Equipment
402 Harmony Road
Ayr, ON
N0B 1E0
Holmatro
$56,013.43
M&L Supply
P.O. Box 269
14935 County Road 2
Ingleside, ON
K0C 1M0
Amkus
$56,794.00
AJ Stone
141 Bentworth Avenue
Toronto, ON
M6A 1P6
TNT
$60,540.00
*Costs do not include HST.
Page 32 of 53
2
FD 2/13 AUTO EXTRICATION EQUIPMENT
COMMENTS:
1. In reviewing the tenders, Holmatro equipment met both NFPA 1936-2010 and ULC
standards.
2. Holmatro equipment provides on-site service on a preventative maintenance basis and
full orientation for maintenance and operation.
3. Holmatro was the lowest compliant bid.
FINANCIAL IMPACT:
The 2013 budget consisted of $100,000.00 from net revenue from taxation to fund replacement
auto extrication equipment for Unit 142 and Unit 146.
The net cost for the auto extrication equipment is $56,999.27 for both sets, including net HST,
and will be charged to the 2013 fire services capital budget, account number 10-7-0410-8030541140. The current equipment will be disposed of after the delivery of the new equipment, as
per municipal policy and any proceeds will offset the cost of replacing the equipment. The
current market conditions attributed to more favourable pricing.
RECOMMENDATION:
That the award of the quote, for the supply of 2 sets of Holmatro auto extrication equipment be
awarded to Darch Fire Equipment to replace the current sets in Unit 142 and Unit 146, in the
amount of $56,013.43, plus applicable taxes, be approved and charged to account 10-7-04108030-541140 (FD 2/13).
Chuck Parsons
Fire Chief
____________________________
Tracey Pillon-Abbs
/st
File: T:\Development\Reports\2013 Reports\Fire\Word Versions\FIRE-2-13 Extrication Equipment.docx
Page 33 of 53
REPORT
ENG 12-13
TO:
FROM:
JOHN PILMER, ENGINEERING TECHNOLOGIST
DATE:
JUNE 20, 2013
RE:
COUNTY WIDE ACTIVE TRANSPORTATION PROJECT APPLICATIONS
2014
_______________
AIM:
To obtain Council support for the 2014 County Wide Active Transportation System (CWATS)
project applications.
To obtain a Council funding commitment for a portion of a Leamington Active Transportation
Study.
BACKGROUND:
The CWATS study sets out specific procedures for the construction and signage of the approved
trail routes.
Annually, municipalities must submit complete applications to the Active
Transportation Committee for approval, and approval of funding. CWATS applications are
deemed “complete” for consideration if accompanied by;
• A “declaration for the project and funding commitment by means of a resolution or a
letter from Municipal Council”.
• A functional design study that supports the total project and associated costs.
• Detailed project schedule to support full completion of the CWATS Segment or partial
segments.
• Copies of all permits and approvals.
• A map identifying the segment and location of the project.
2013 Approved Projects
The functional design study for a trail along County Road 20, from Sherk Street to County Road
31, is an approved 2013 project and is being lead by the County of Essex. Construction of
works on County Road 20 is not anticipated until 2015 at the earliest pending Leamington and
County of Essex application and budget approvals as the study and estimates will not be
complete in time for project applications for the 2014 program.
2014 Projects for Application
Administration is recommending that the Municipality apply to have the following projects
approved by the committee;
1) All signed only routes throughout Leamington.
• This involves the placement of CWATS and “Share the Road” signs. This project
is 100% funded by the County of Essex.
2) Paved shoulders on County Road 34 from County Road 37 to Mersea Road 21, as part
of the County of Essex 2014 rehabilitation program.
Page 34 of 53
ENG 12-13 CWATS Applications 2014__________________________
•
_______ Page 2
This is an easterly continuation of paved shoulder work already implemented
from County Road 33 to County Road 37. The County of Essex Engineering
Department has reviewed this proposal and are in support of the paved shoulders
being constructed. This project is 100% funded by the County of Essex.
3) Leamington Active Transportation Study.
• To be applied for as a “CWATS Municipal Partnership Program”. The CWATS
Municipal Partnership Program is a 50% funding program for the first 5 years of
the CWATS plan designed to kick start local active transportation projects.
• The CWATS study was undertaken to create active transportation linkages
between municipalities within the County of Essex. Leamington should consider
the undertaking of an Active Transportation study to allow public input on the
creation of a comprehensive plan for the provision active transportation facilities
at the local level (separate from CWATS). Such facilities may include bike lanes,
“sharrows”, off road trails, paved shoulders, share the road signed routes, etc.
Once a Leamington Active Transportation Study is complete, staff would have
clear direction on where, when and how to implement active transportation
facilities within the Municipality. Estimated construction costs would also be
provided to allow for creation of a capital budget forecast and implementation of
the recommendations of the study.
• The Leamington Active Transportation plan (formerly referred to as Bicycle Use
Master Plan “BUMP”) was requested in 2013 but not funded. It is the next priority
following the completion of the update to the Municipal Traffic Study.
• The estimated cost of undertaking a Leamington Active Transportation Plan is
$45,000. Under the CWATS Municipal Partnership Program this would be 50%
funded by the County of Essex and 50% by the Municipality of Leamington.
• In order to apply for the CWATS Municipal Partnership Program, the application
must be accompanied by a resolution of Council supporting the application and
committing funding for the Leamington Share of the project.
Signed only route signs
Page 35 of 53
_______ Page 3
The following are the recommended 2014 CWATS segment applications (please refer to charts
and maps below);
Page 36 of 53
_______ Page 4
Page 37 of 53
_______ Page 5
Page 38 of 53
_______ Page 6
FINANCIAL IMPACT:
Recommended projects:
1) The “signed only” segments are 100% County of Essex cost. On County Roads the
County will supply and install the signs. On Municipal roads and County Connecting
links, the County will supply the signs and posts the installation will be done by the
Municipality with the Municipality recovering the cost of installation from the County of
Essex upon completion.
2) The paved shoulder on Essex County Road 34, does not have a financial impact to the
Municipality as it is being led by the County of Essex and is 100% funded by the County
of Essex through the CWATS program.
3) Leamington Active Transportation study, would be funded 50% by the Municipality of
Leamington per the CWATS Municipal Partnership Program. The Leamington Active
Transportation study is estimated to cost $45,000 so the municipal share would be
$22,500. The Leamington Active Transportation Study would be lead by the Municipality
of Leamington with $22,500 being recoverable from the County of Essex.
RECOMMENDATION:
THAT the Municipality of Leamington support applications for the construction of the following
segments of the County Wide Active Transportation System; COE-13, COE-14, COE-15, Leam3, Leam-14, Leam-15, Leam-16, Leam-17, Leam-18, Leam-19, Leam-20, Leam-21, Leam-22,
Leam-23, Leam-24, Leam-25, Leam-26, Leam-27, and Leam-28;
THAT the Municipality of Leamington support an application for a CWATS Municipal Partnership
Program project for the completion of a Leamington Active Transportation Study;
And that the Municipality of Leamington commit to its share of funding a Leamington Active
Transportation Study and that $22,500 plus HST be committed as a first charge to the 2014
budget. (ENG 12-13)
Respectively Submitted,
________________________
John Pilmer, A.Sc.T.
Engineering Technologist
__________________________
Alan Botham, P. Eng
Manager of Engineering Services
________________________
Robert Sharon
Director of Community Services
Page 39 of 53
ES 03-13
REPORT
TO:
FROM:
Kit Woods, Manager of Environmental Services
DATE:
June 25th 2013
RE:
Engineering Services for 2013 Pollution Control Centre Capital Projects,
4th Archimedes Screw Pumps & Urea/Polymer Building
AIM:
To recommend retaining Stantec Consulting to perform engineering services for two PCC capital
projects.
BACKGROUND:
Two of the capital projects that have been identified in the 2013 capital budget are:
1. Design engineering for the installation of the 4th screw pumps in the lower and upper
pumping stations, construction proposed for the 2014 capital budget, and
2. Design and construction of a building to allow for urea, polymer, phosphoric acid, and
hydrogen peroxide, to be added to the process stream.
Page 40 of 53
Page |2
1. The Ministry of Environment Certificate of Approval for the Leamington Pollution Control
Centre (PCC) states that the plant has a rated capacity of 35,000m3/day, and a peak capacity
of 105,000m3/day. The peak capacity is necessary to remove storm water from the sewer
system during storms to prevent backups in the combined sewer system and avoid basement
flooding.
Flow from the sewer system is raised into the grit removal and screening sections of the PCC
by one or more of three existing “lower” Archimedes screw pumps. After screening and grit
removal the flow is again raised by one or more of three existing “upper” Archimedes screw
pumps shown in the following photograph. After this lift the sewage flows by gravity through
the rest of the treatment process.
The plant is designed to be able to treat two times its rated capacity or 70,000m3/day during
storm events. All the peak flow of 105,000m3/day has to be pumped out of the sewers. Once
it has been pumped, flows in excess of 70,000m3/day are directed to the Offline Storage
Basin and then redirected back to the plant after a storm.
Leamington PCC Upper Archimedes Screw Pumping Station
Each Archimedes screw pump is rated at 35,000m3/day. Thus in order to handle the peak
capacity of 105,000m3/day, all pumps have to operate. The Ministry of Environment /
Environment Canada optimization guidance manual for sewage works notes that in pumping
stations, multiple pumps should be provided and sized such that “firm” capacity is capable for
handling peak flows. Firm capacity of a pump station is defined as the capacity of the station
with the largest capacity pump out of service.
Since ongoing preventive maintenance is required on all pumps and because there is always
the possibility of a breakdown, a lower and/or upper pump might be out of service at any
given time. At such times there would be insufficient capacity to pump the peak flow of
105,000m3/day, thereby potentially backing up the sewer system. It is vital therefore that the
4th Archimedes screw pump be installed in each of the two pumping stations in the spaces
originally provided for that purpose. This will provide the required firm capacity.
Page 41 of 53
Page |3
2. The operation of a biological treatment plant requires that the biomass, (protozoa and
bacteria population), have optimal conditions for growth. One of these conditions is a ratio of
Carbonaceous BOD (Carbon): Nitrogen: Phosphorus of 100 : 5 : 1 in their environment.
Some treatment plants can be Nitrogen or Phosphorus deficient, due to the type of waste
being treated and the type of aeration process, and when that occurs Nitrogen and/or
Phosphorus have to be added to supplement the nutrients naturally occurring in the waste
stream.
Insufficient nutrients lead to the growth of undesirable bacteria, which cause plant upsets and
difficulties in other areas of plant operations, including potential odours from the primary
clarifiers.
During the design of the PCC Upgrade it was unknown whether or not the new plant would
require the addition of Nitrogen or Phosphorus to maintain this balance; however after a year
and a half operation it has become evident that such a feed system will be frequently
required. The plant presently feeds urea for the Nitrogen addition “manually” and there is no
facility to add phosphoric acid for the Phosphorus addition when required.
A pilot operation feeding polymer to the secondary clarifiers has proved necessary at times to
enhance the effluent quality, and only a temporary feed system is presently in place. In
addition it will likely be necessary to selectively destroy or damage the undesirable bacteria,
and hydrogen peroxide has been proven to work in achieving that goal.
The construction of a building next to the aeration system will allow the various feed systems
to be installed to enable these process parameters to be met.
COMMENTS:
Stantec Consulting were the engineers of note for the Headworks construction, which included
both pumping stations. They therefore have all the original design details, including mechanical
and electrical systems. Stantec consulting was also responsible for all the Civil, mechanical and
electrical system designs for the new PCC upgrade. The tie in between the new urea feed
building and the rest of the plant will be important, and Stantec Consulting again have the
design details.
They have proved to be professional, capable, and reliable and have performed well on all the
works, with all phases being completed within budget, and all systems operating in accordance
with the specifications
With the excellent past history with this consultant on PCC projects, and given the need to tie
the operation of these works to the existing PCC operation, Administration is recommending that
Stantec Consulting be used for these projects.
Stantec Consulting’s proposals for the engineering work for these projects are attached. Total
projects cost estimates and engineering design and construction supervision costs including net
HST are shown in Financial Impact below. Both project engineering fees proposed are
approximately 16% of the estimated construction costs and seem reasonable for projects of this
size.
Page 42 of 53
Page |4
FINANCIAL IMPACT:
Project & Account
2013
Budget
Engineering
Fee including
Net HST
Estimated
construction
cost
including
Net HST
Install 4th Screw Pumps Lower &
Upper
$45,000
$40,704
$185,000
$31,098
See Note 1
Budget
variance
$4,2961
20-7-0660-8130-300210-400002
Urea Polymer Feed Building
$190,291
-$36,3892
20-7-0660-8130-300630-400008
Notes:
1. The 5 year capital works plan includes a 2014 budget amount for this project of
$563,000. The present cost estimates for 2014 engineering and construction are
$41,722 and $518,976 respectively for a total of $560,698.
2. The 2013 budget for the urea feed building is less than the combined estimate of
construction and engineering. Once engineering is complete, Administration will
determine the most appropriate recommendation to Council to address this matter if
construction estimates do not change. Administration will examine possibilities such as
but not limited to: deferring the purchase of chemical pumping equipment associated
with the building to a future budget year, amending the project scope, requesting an over
expenditure in 2013 if there is strategic advantage to do so.
RECOMMENDATION:
That the services of Stantec Consulting be retained for engineering design and construction
management services for the installation of two Archimedes Screw Pumps for the Leamington
Pollution Control Centre, in an amount not to exceed $81,000, not including HST, to be charged
to account 20-7-0660-8130-300210-400002-7640 (ES 03-13) ;
That the services of Stantec Consulting be retained for engineering design and construction
management services for the Construction of a Urea Polymer Feed Building for the Leamington
Pollution Control Centre, in an amount not to exceed $30,560, not including HST, to be charged
to account 20-7-0660-8130-300630-400008-7640.
Sincerely,
____________________________
Kit Woods P.Eng.
Manager of Environmental Services
File
Robert Sharon
Director of Community Services
T:/CS/CS/CS Council Reports/2013/Environmental Services/ES 03-13 Pollution Control Centre Capital projects 2013 /
Page 43 of 53
Page 44 of 53
Page 45 of 53
FIN 13-07-01
REPORT
TO:
FROM:
CHERYL HORROBIN, DIRECTOR OF FINANCE & BUSINESS SERVICES
DATE:
JULY 10, 2013
RE:
AGREEMENT WITH THE PROVINCE OF ONTARIO UNDER THE DEDICATED
GAS TAX FUNDS FOR PUBLIC TRANSPORTATION PROGRAM
__________
AIM:
To report upon the letter of agreement to be endorsed between the Province of Ontario (Province) and
the Municipality of Leamington for the funding provided by the Province to the municipality under the
"Dedicated Gas Tax Funds for Public Transportation Program".
BACKGROUND:
Funding in the amount up to $159,287 for 2012/13 ($144,248 for 2011/12) has been approved through
the Province of Ontario, under the "Dedicated Gas Tax Funds for a Public Transportation Program".
This funding is to be used to increase public transportation ridership and to support renewal and
expansion of public transportation systems. The Ministry of Transportation provides 2 cents per litre
of provincial gas tax as transit funding, which is allocated based on 70% transit ridership (conventional
and specialized) and 30% municipal population.
Council has acknowledged the 'Gas Tax Funding' allocation methodology includes statistics from both
Leamington’s conventional 'Municipal' transit system and the specialized transit system delivered by
the South Essex Community Council, which is funded by the Municipality of Leamington and the Town
of Kingsville.
Council has confirmed its commitment to utilizing "Dedicated Gas Tax Funds" for the benefit of both
the conventional transit system and the Erie Shore Community Transit service, which includes service
to the Town of Kingsville.
The Province requires that every year the Municipality of Leamington endorse the Letter of Agreement
for the Dedicated Gas Tax Funds for Public Transportation Program which sets out the terms and
conditions for the use of the dedicated gas tax funds by municipalities for public transportation. The
Province requires a by-law and signed agreement from the municipality prior to sending the funds for
the 2012-2013 year, being October 1, 2012 to September 30, 2013; this agreement was received July
12, 2013.
FINANCIAL IMPACT:
Up to $159,287 in Ontario Dedicated Gas Tax funding will be available under the agreement with MTO
to support conventional transit in Leamington and specialized transit in Leamington and Kingsville.
These funds are dedicated and are set aside in a reserve fund (40-3-0240-0334-000240), along with
any related interest earned on the fund, and are used for approved/eligible transit related costs
allowed under the funding agreement. In the 2013, about $40,500 in Ontario Dedicated Gas Tax
Page 46 of 53
FIN13-07-01
AGREEMENT WITH THE PROVINCE OF ONTARIO UNDER THE
DEDICATED GAS TAX FUNDS FOR PUBLIC TRANSPORTATION PROGRAM
2
funding has been earmarked toward bus shelters, stops, benches and signage to enhance the transit
system.
A further allocation of approximately $93,200 is anticipated to support ‘above baseline’ expenditures
for transit operations including increased hours of service. Following the planned 2013 allocations,
the Ontario Dedicated Gas Tax Reserve Fund is expected to contain in excess of $700,000.
RECOMMENDATION:
That the Municipality of Leamington accepts the designation of host municipality by collecting the
Dedicated Gas Tax Funds for Public Transportation Program on behalf of the Municipality of
Leamington and the Town of Kingsville;
And that the Mayor and Treasurer for the Municipality of Leamington be authorized to execute the
Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented
by the Minister of Transportation for the Province of Ontario under the Dedicated Gas Tax Funds for
Public Transportation Program and be bound to the terms of the said agreement. (Report FIN 13-0701)
________________________
Cheryl L. Horrobin, CA
Director of Finance & Business Services
Page 47 of 53
CL/18/13
Report
To:
Mayor and Members of Council
From:
Brian R. Sweet, Director of Corporate Services
Date:
June 12th, 2013
Re:
Essex Power Corporation – Appointment of Proxyholder for
Shareholders’ 2013 Annual Meeting
Aim:
To recommend the appointment of proxyholders to cast the municipality’s vote at Essex
Power Corporation’s 2013 shareholders’ annual meeting.
Background:
The Municipality of Leamington, together with the Towns of Tecumseh, Lasalle and
Amherstburg are the shareholders of Essex Power Corporation. Essex Power is required to
hold an annual meeting of shareholders and occasionally requires a special shareholders’
meeting.
Leamington’s two directors appointed to the Essex Power Board, Mayor John Paterson and
Mr. Frank Ricci, have been voting on behalf of Leamington at both board meetings and
shareholders’ meetings. However, it has recently come to our attention the directors have
authority to represent Leamington and vote at Board meetings, but Leamington’s directors
were never formally authorized to represent or vote for Leamington at shareholders’
meetings.
Essex Power Corporation and its related companies are incorporated pursuant to the Ontario
Business Corporations Act (OBCA). Section 110 of the OBCA provides that a shareholder
may appoint a proxyholder to vote by proxy for the shareholder at any shareholder meeting.
The section provides:
110. (1) Every shareholder entitled to vote at a meeting of shareholders may by
means of a proxy appoint a proxyholder or one or more alternate proxyholders, who
need not be shareholders, as the shareholder’s nominee to attend and act at the
meeting in the manner, to the extent and with the authority conferred by the proxy.
R.S.O. 1990, c. B.16, s. 110 (1)
(2.1) A proxy appointing a proxyholder to attend and act at a meeting or meetings of
shareholders of an offering corporation ceases to be valid one year from its date.
Page 48 of 53
Page 2, Report CL 18/13 –Appointment of Proxyholder for Shareholders’ General Meeting
Comments:
The only practical way for a municipal council to cast its shareholder vote at a shareholder
meeting is by proxy. It is suggested that Council appoint Mayor Paterson as its proxyholder
to vote on behalf of the municipality at the 2013 shareholders’ general meeting. It is also
suggested that Mr. Frank Ricci be appointed as an alternate proxyholder if Mayor Paterson is
absent from that meeting.
Since a proxy is not valid for more than one year, the appointment of a proxyholder will have
to be made every year prior to the shareholders’ annual meeting which is usually held in
September.
The agenda for the shareholders’ general meeting is circulated prior to the meeting and often
the matters to be voted on are routine business matters. If the Mayor determines there is a
matter on the shareholders’ annual meeting agenda of special importance, then the Mayor
can seek direction from Council on how the municipality’s shareholder vote should be cast on
that issue. Since a proxy is only valid for a maximum time of one year, this proposed
appointment is only for the 2013 shareholders’ annual meeting.
If at any time there is a need for a special shareholders’ meeting to vote on an issue, then the
matter should be brought before council. For example, if Essex Power wanted to purchase
the shares or assets of another power company, a special shareholders’ meeting may be
required to approve the transaction. In that case, Council would consider the proposed
purchase at a council meeting and appoint a proxyholder to attend the special shareholders’
meeting and Council would instruct the proxyholder on how to cast the municipality’s
shareholder vote on that issue.
Recommendation :
That Mayor John Paterson be appointed proxyholder for the Municipality of Leamington to
cast its shareholder’s votes at Essex Power Corporation’s 2013 shareholders’ annual
meeting.
And that Frank Ricci be appointed as an alternate proxyholder for the Municipality of
Leamington to cast its shareholder’s votes at Essex Power Corporation’s 2013 shareholders’
annual meeting if Mayor John Paterson is absent from the meeting;
And further, that the Director of Corporate Services be authorized to sign all necessary proxy
forms to implement this resolution and forward them to Essex Power Corporation. (Report
CL/18/13)
Brian Sweet
Director of Corporate Services
BRS/jb
FILE: T:\Corporate\A00-Administration\A00-Council Reports\2013 Corporate Services Reports\Word Reports\CL1813 Essex Power Shareholder
appointment.doc
Page 49 of 53
CL/20/13
Report
To:
Mayor and Members of Council
From:
Kim Siddall, Manager of Corporate Services
Date:
July 11, 2013
Re:
Request for Temporary Extension for Liquor Licence
International Hotel – 35 Erie Street South
July 26 and July 27, 2013
Aim:
To report upon a request from the International Hotel, 35 Erie Street South, for
endorsement of a temporary extension for a Liquor Sales Licence to allow them to host an
outdoor patio during the 2013 Uptown Leamington BIA Sidewalk Sale.
Background:
On July 11, 2013, the Municipality of Leamington received the following request:
“To The Municipality of Leamington,
We at the International Hotel (35 Erie St. S.) are looking to apply for a Temporary
Extension for our Liquor Sales License. The area that we are looking to temporarily
licence is on the sidewalk in front of the East end of the building. There is a sketch
attached of the area. We would like to begin sales at 11:00am on Friday, July 26,
2013, stop sales at 8:30pm and have the sidewalk clear by 9:00pm. The same goes
for Saturday, July 27, 2013, except we will stop sales at 4:30pm and have the
sidewalk clear by 5:00pm. We will have a rope fence 1 metre high around the area.
The establishment’s insurance will cover the proposed area, which will not make the
municipality liable. If you decide to approve this extension, the Alcohol and Gaming
Commission of Ontario requires us to give them a letter of non-objection from the
Municipal Clerk stating that there is “no objection” to the extension of the
International Hotel’s proposed extended licensed area. We really appreciate your
help and hope to hear from you as soon as possible, as we are on a tight time frame
to make this happen.
Thank you.
Noel Berthelot, Owner”
The Uptown Leamington BIA has confirmed their approval and support of the proposed
temporary liquor licence extension during the Uptown Leamington BIA Sidewalk Sale.
Page 50 of 53
Page 2, Report CL 20/13 –International Hotel – 35 Erie Street South
The owners of the International Hotel are seeking endorsement from the Municipality of
Leamington to allow them a temporary extension on their liquor sales licence with the
Alcohol and Gaming Commission of Ontario (AGCO) for a temporary sidewalk patio during
the Uptown BIA Sidewalk Sale.
In order to receive approval from the AGCO to operate the temporary sidewalk patio, the
owner must obtain a letter from the Municipal Clerk stating that there is “no objection” to
the extension of the proposed extended Liquor Sales Licence area on the municipality’s
sidewalk on the East side of their building.
As noted in the letter, the extension is requested to allow the International Hotel to open
the proposed sidewalk patio to serve alcohol and food during the following hours:
Friday, July 26, 2013
11:00 a.m. to 8:30 p.m. (clean-up to be completed by
9:00 p.m. to allow the road to re-open)
Saturday, July 27, 2013
11:00 a.m. to 4:30 p.m. (clean-up to be completed by
5:00 p.m. to allow the road to re-open)
The proposed patio hours are during the International Hotel’s regular operating hours
inside the premises.
International Hotel
35 Erie Street South
Location of the International Hotel – 35 Erie Street South
Page 51 of 53
The owner of the International Hotel is seeking permission to erect a temporary sidewalk
patio directly in front of his establishment. It will run the entire length of the front of the
building (46 feet) and extend twelve feet out in front of the building onto the sidewalk, as
shown on the map below. The patio area will include chairs, tables, umbrellas and a
barbeque.
Proposed Temporary
Sidewalk Patio
(12 feet x 46 feet)
Proposed location of temporary sidewalk patio
If approved, the temporary sidewalk patio must comply with AGCO regulations being:
•
Application to be completed and signed by the proprietor/owner;
•
Notification Letters to Police, Fire, Public Health Office and Building Department;
•
Sketch or Plan clearly indicating the dimensions of the adjacent licensed premises,
and description of the fencing required;
•
Letter of Approval if the proposed area is rented or leased;
•
Letter of Non-Objection from the Municipal Clerk.
Further, the owners will be required each day to meet the following conditions set out by
the Municipality to be the sole responsibility of the International Hotel:
1. Adherence to all regulations of the Alcohol and Gaming Commission and the
Municipality of Leamington;
Page 52 of 53
2. Adherence to the proposed operating hours;
3. Set up and dismantling of the temporary sidewalk patio;
4. All debris in the area must be removed;
5. All tables, chairs, and decorative accessories in the temporary sidewalk patio to
be constructed using weather resistant materials;
6. The barbeque be set up and stored according to procedures as set out by the
Leamington Fire Services;
7. The street, sidewalk and municipal property must be restored to its original
condition to the satisfaction of the Community Services Department;
8. The Municipality retains the right of access to the approved temporary sidewalk
patio for emergency access for all utilities;
9. Must comply with Smoke Free Ontario regulations within the temporary sidewalk
patio area; and
10. The Owner must provide proof of liability insurance in the amount of
$5,000,000.00 to the satisfaction of the Municipal Clerk, with the Municipality of
Leamington as additional named insured.
Financial Impact:
There will be no financial impact to the Municipality if the temporary extension to the liquor
licence is allowed.
Recommendation:
That the Council of The Corporation of the Municipality of Leamington authorize the
Municipal Clerk to provide a letter stating that there is no objection to the extension of the
liquor licence of the International Hotel, 35 Erie Street South, to allow a temporary patio on
the Municipality’s sidewalk commencing Friday, July 26, 2013 from 11:00 a.m. to 8:30 p.m.
until Saturday, July 27, 2013 from 11:00 a.m. to 4:30 p.m.;
And that the International Hotel provide proof of liability insurance in the amount of
$5,000,000.00 to the satisfaction of the Municipal Clerk, with the Municipality of
Leamington as and additional named insured;
And further, that the International Hotel comply with all conditions described in Report
CL/20/13.
Kim Siddall
Manager of Corporate Services
T:\Corporate\A00-Administration\A00-Council Reports\2013 Corporate Services Reports\Word Reports\CL2013-Sidewalk Patio-International Hotel.doc
Page 53 of 53

The Corporation of the Municipality of Leamington

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