The Corporation of the Municipality of Leamington

Transcription

The Corporation of the Municipality of Leamington
The Corporation of the
Municipality of Leamington
Meeting of Municipal Council
Agenda
Monday, August 24, 2015
Commencing at 6:00 PM
In Leamington Council Chambers
Special Closed Meeting of Council to be held at 5:30 PM in the Ante Room
(A) Call to Order:
(B)
National Anthem:
(C)
Disclosures of Pecuniary Interest:
(D)
Adoption of Council Minutes:
1. Minutes of the Council Meeting (including Court of Revision for Drainage, Silver
Creek 9th Concession Road Drain and Public Meeting for ZBA # 117 and 118) held
August 10, 2015
Pages 5 to 19
2. Minutes of the Special Closed Meeting held August 10, 2015
Pages 20 to 21
(E)
Business Arising Out of the Minutes:
(F)
Public Meetings/Court of Revision:
1. Public Meeting, Zoning By-law Amendment:

ZBA 120 and Consent Applications (B/21/15), 827 Mersea Road 5
Page 1 of 44
Page 2, August 24, 2015, Council Meeting Agenda
(G)
Reports of Staff and Delegations:
1. Report PLA-46-15 dated August 6, 2015 regarding Temporary Use By-law ZBA
#117, 2456420 Ontario Ltd. 324 Erie Street North (640-10000)
Pages 22 to 24

Dr. Ghulam Mustafa, Representative GrowLiv
2. Report PLA-47-15 dated August 12, 2015 regarding Application for Site Plan
Control Approval – SPC/04/13, Proposed Commercial Building (Mac’s
Convenience), Eddy Daraiche, 2 Seacliff Drive West (Roll No. 210-04100), 329 Erie
Street South (Roll No. 210-04000), 331 Erie Street South (Roll No. 210-03900)
Pages 25 to 28

Eddy Daraiche, Owner
3. Report PLA-48-15 dated August 11, 2015 regarding Pure Flavor Farms Inc.
(Formerly 2388803 Ontario Limited), Site Plan Control Approval (SPC/21/14), New
Greenhouse Development, Phase 1, 966 Highway 77 (830-01400)
Pages 29 to 30
4. Report REC-17-15 dated August 6, 2015 regarding Leamington Municipal Marina,
2016 Fee Schedule
Pages 31 to 32
5. Report REC-18-15 dated August 11, 2015 regarding Tim Horton’s Sponsored
Holiday Skates
Pages 33 to 34
6. Report PW-07-15 dated August 17, 2015 regarding Purchase of a Trailer Mounted
Vacuum Leaf Collector
Pages 35 to 36
7. Report IS-12-15 dated August 18, 2015 regarding Ontario Community Infrastructure
Fund 2015 Intake
Pages 37 to 40
8. Report IS-13-15 dated August 11, 2015 regarding 2015 LED Streetlight Conversion
Program
Pages 41 to 44
(H)
Matters for Approval:
None
(I)
Other Matters for Consideration:
None
Page 2 of 44
Page 3, August 24, 2015, Council Meeting Agenda
(J)
Report on Closed Session:
Director of Legal and Legislative Services to provide report on the closed session
(K)
Consideration of By-laws:
By-law 491-15 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 #117, 324 Erie Street North
By-law 497-15 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 #120, 827 Mersea Road 5
By-law 501-15 being a by-law to approve the undertaking of the construction of a
sanitary sewer and installation of sanitary sewer service connections as part of the
reconstruction and improvement of parts of Erie Street South between Oak Street
and Askew Street as a local improvement (as approved by OMB decision dated
August 11, 2015, Case No: MM150002)
By-law 502-15 being a bylaw to amend Mersea Township By-law No. 4862, being a
by-law to restrict the speed of motor vehicles to Sixty Kilometres per hour on certain
roads in the Township of Mersea
By-law 503-15 being a by-law to amend Mersea Township By-law No. 3735, being a
by-law to restrict the speed of motor vehicles to Forty Kilometers per hour on certain
roads in the Township of Mersea (40 km/h Roads)
By-law 504-15 being a by-law to amend By-law No 4284-95, being a by-law for the
regulation of traffic and parking in certain areas of the Municipality of Leamington
By-law 505-15 being a by-law to amend Mersea Township by-law No. 3958, being a
by-law to designate through highways
By-law 506-15 being a by-law to confirm the proceedings of the Council of The
Municipality of Leamington at its meeting held August 24, 2015
(L)
Notices of Motion:
None
(M)
Open Session:
Page 3 of 44
Page 4, August 24, 2015, Council Meeting Agenda
(N)
Announcement of Upcoming Meetings/Events:
Tuesday, August 25, 2015

Committee of Adjustment, 5:00 PM, Council Chambers
Wednesday, August 26, 2015

Leamington Heritage Advisory Committee, 3:00 PM, Ante Room
Thursday, August 27, 2015

Union Water Joint Board of Management, 9:00 AM, Kingsville Arena
Wednesday, September 2, 2015

Essex County Council, 7:00 PM, Essex County Council Chambers
Wednesday, September 9, 2015

Mayor’s Youth Advisory Committee, 8:00 PM, West End Boardroom
Monday, September 14, 2015

Council Meeting, 6:00 PM, Council Chambers
(O)
Statement of Members: non-debatable
(P)
Adjournment:
Page 4 of 44
The Corporation of the Municipality of Leamington
Minutes of the Council Meeting
Held Monday, August 10, 2015 at 6:00 PM
In Leamington Council Chambers
Members Present: Mayor John Paterson
Deputy Mayor Hilda MacDonald
Councillors: Bill Dunn, John Hammond, John Jacobs,
Larry Verbeke, Tim Wilkinson
Staff Present:
Chief Administrative Officer Peter A. Neufeld
Director of Legal and Legislative Services Ruth Orton
Director of Community & Development Services Tracey Pillon-Abbs
Manager of Engineering Services Allan Botham
Manager of Public Works Ken Brown
Fire Chief Chuck Parsons
Manager of Information Technology David Delciancio
Manager of Planning Services Danielle Truax
Acting Project Engineer Alexander Del Brocco
Economic Development Officer Jeannine Lassaline-Berglund
Development Planner Brian Nagata
Planning Technician Denise McGregor
Heritage Research Assistant Olivia Ashton
Council Services Assistant Mary Ann Manley
Disclosures of Pecuniary Interest:
Councillor Verbeke declared a conflict of interest with Report LLS-30-15 dated July 15,
2015 regarding Municipal Access Agreement with Southshore Broadcasting Inc. and
Confirmation By-law 500-15. The Councillor did not participate in the discussion or vote
on the matter.
Adoption of Council Minutes:
No. C-225-15
Moved by:
Seconded by:
Councillor Dunn
Councillor Verbeke
That the Minutes of the Council Meeting (including Public Meeting for Drainage,
Silver Creek 9th Concession Road Drain) held July 20, 2015 be adopted.
Carried
Page 5 of 44
Page 2, August 10, 2015, Council Meeting Minutes
No. C-226-15
Moved by:
Seconded by:
Councillor Wilkinson
Councillor Hammond
That the Minutes of the Special Closed Meeting held July 20, 2015 be adopted.
Carried
No. C-227-15
Moved by:
Seconded by:
Councillor Verbeke
Councillor Dunn
That the Minutes of the Special Meeting held August 5, 2015 be adopted.
Carried
Business Arising Out of the Minutes:
None.
Public Meetings:
1. Court of Revision:

Silver Creek Drain 9th Concession Road Branch, Access Culvert and
Updated Schedule of Assessment
A copy of the minutes is attached.
No. C-228-15
Moved by:
Seconded by:
Councillor Verbeke
Councillor Jacobs
That Construction Schedule of Assessment dated April 8, 2015 and Maintenance
Schedule of Assessment dated April 8, 2015 presented at the Court of Revision
on August 10, 2015 for a new access culvert over the Silver Creek Drain, 9th
Concession Road Branch, in accordance with By-law 494-15, in the Municipality
of Leamington, in the County of Essex, be confirmed.
Carried
Page 6 of 44
Page 3, August 10, 2015, Council Meeting Minutes
2. Zoning By-law Amendments:
A copy of the minutes is attached.

ZBA 117, 324 Erie Street North

ZBA 118 and Consent Applications (B/17/18/19/20/15), 81 to 97 Carolina Woods
Crescent
No. C-229-15
Moved by:
Seconded by:
Councillor Wilkinson
Councillor Jacobs
That the provisional approval of Consent Application B/17/15 for lot adjustments
and consolidations resulting in four lots being established for the development of
four semi-detached dwellings be supported by Council subject to the conditions
listed in “Schedule A” as amended to delete the condition for a watermain
assessment / buy-in fee and include conditions for the removal of the rear yard
easements; lot grading plan and servicing plan; and development agreement;
And that Zoning By-law Amendment Application ZBA#118 to change the zone of
the subject properties (270-000-12900 through 270-000-13700) be approved by
Council;
And that if no concerns are raised at the public meeting the Clerk be directed to
forward the amending By-law #492-15 to Council for its consideration
(PLA-37-15).
Carried
Reports of Staff and Delegations:
1. Delegation, Leamington District Memorial Hospital Update on Hospital’s innovation
Hospital Communications Manager, Bill Baker introduced Manager of Innovation,
Partnerships Communication & Development, Zain Ismail and Vice President and Chief
Nursing Executive, Integrated Director Hospice Erie Shores Campus, Cheryl Deter.
Mr. Ismail and Ms. Deter presented a power point presentation to introduce the key
areas of innovation for Leamington District Memorial Hospital (LDMH); Mental Health
and Addiction, Mobile applications, The Erie Shores Campus development, cross border
partnerships, telemedicine and patient and caregiver mobility.
Mr. Baker asked Council to keep Thursday, September 17, 2015 from 11:00 AM to
1:00 PM available to attend the Rock the Block event at LDMH to celebrate
partnerships. Invitations will be forwarded.
Ms. Deter expressed appreciation to the Economic Development Officer, Jeannine
Lassaline-Berglund for her assistance.
Mr. Baker alluded to an exciting future LDMH announcement.
Page 7 of 44
Page 4, August 10, 2015, Council Meeting Minutes
2. Delegation, concerns regarding Site Plan for proposed Medical Building on Erie
Street South and Alley
Mayor Paterson advised that Mr. and Mrs. Lashmar had withdrawn their request to be a
delegation.
3. Report PLA-33-15 dated June 22, 2015 regarding Register of Heritage Properties,
Public Open House #2
Manager of Planning Services, Danielle Truax introduced the Heritage Research
Assistant, Olivia Ashton. Ms. Ashton utilized a power point presentation to inform
Council on the following; purpose of the Ontario Heritage Act, purpose of the
Leamington Municipal Heritage Advisory Committee, benefits of preserving heritage,
purpose of the heritage register, levels of protection, designated properties in
Leamington, listing a property, council’s options regarding demolition and to request a
Public Open House.
Tony Duncan, member of the Leamington Municipal Heritage Advisory Committee was
in the audience.
In response to a question from Council, Ms. Truax explained heritage designation is
controlled with a municipal by-law which can be specific to a particular feature or
features of the property.
Ms. Truax described the designation process as follows; an interested party would
request designation, the LMHAC would review or score the property and then present a
by-law to Council for their approval.
Chief Administrative Officer, Peter Neufeld said Council dictates how far the Municipality
wants to go with the designation level.
Council expressed their concerns as they do not want to restrict property owners who
wish to renovate their heritage properties.
No. C-230-15
Moved by:
Seconded by:
Councillor Verbeke
Councillor Hammond
That Administration together with the LMHAC schedule and advertise for a 2015
Public Open House to inform the public and property owners of the provisions
under the Ontario Heritage Act and the Municipal Register of Heritage Properties
(Report PLA-33-15).
Carried
Page 8 of 44
Page 5, August 10, 2015, Council Meeting Minutes
4. Report ENG-12-15 dated July 27, 2015 regarding 2015 Sidewalk Tender Results
Acting Project Engineer, Alexander Del Brocco presented his report saying the
municipality has a catalogue of municipal streets which have been scored according to
set criteria to determine priority streets for sidewalks. Plumbrook Drive is ranked as the
top priority for sidewalk installation.
Mr. Del Brocco said the driveways on Plumbrook are being cut to create a continuous
path for walking which reduces trip hazards. The Municipality’s insurance provider
strongly recommends a continuous sidewalk path.
There was discussion between Council and administration regarding the removal of the
interlocking brick at the intersection of Erie and Talbot. The Uptown BIA was not
pleased with the colour of the concrete. It was suggested that no colour be added to the
concrete or the Uptown BIA be asked for their opinion. Administration said change to the
tender may extend the timeframe for the construction. It was noted the interlocking brick
was causing maintenance issues for the Public Works Department.
Administration stated many issues are considered when determining sidewalk
placement such as grade challenges, location of mature trees, streetlights, utilities,
existing sidewalks, curbing, snow removal activities, etc.
Vic Penner, 41 Plumbrook Drive, representing the property owners that are affected by
the proposed sidewalk and wish to oppose it. He said the street has very little traffic and
the municipality could save $140,000 by not installing the proposed sidewalk. It was Mr.
Penner’s opinion that the properties were never designed to have sidewalks and their
installation will decrease parking spaces.
Council said in order to create a more walkable community it is necessary to install
sidewalks for safety.
Manager of Public Works, Ken Brown confirmed there is an overnight parking restriction
for snow clearing procedures.
Mr. Penner advised that he felt Council’s mind was made up and did not feel the
sidewalk was necessary and Council was arbitrarily disturbing the driveways on
Plumbrook Drive.
No. C-231-15
Moved by:
Seconded by:
Deputy Mayor MacDonald
Councillor Wilkinson
That the 2015 Sidewalk Construction tender be awarded to Pierascenzi
Construction Ltd., 7405 Broderick Road., Windsor, Ontario, N9H 1W7, in the
amount of $103,917.00 (plus applicable taxes) (Report ENG-12-15).
Carried
Page 9 of 44
Page 6, August 10, 2015, Council Meeting Minutes
5. Report LLS-30-15 dated July 15, 2015 regarding Municipal Access Agreement with
Southshore Broadcasting Inc.
Councillor Verbeke left his Council’s seat as he had declared an interest with this report.
Director of Legal and Legislative Services, Ruth Orton presented her report to address
the request of Southshore broadcasting to install a high-speed fibre-optic system in
municipal right-of-ways.
Rob Petruk, Gosfield North Communications and Tony Vidal, Southshore Broadcasting
President/CEO were present to answer questions of Council.
Mr. Petruk advised that when installing fire optics workers will avoid any utilities that are
already located in the easement.
In response to a question from Council, Mr. Petruk said they are in the process of
finalizing the route plan, the tender will be distributed in the next couple of weeks. Mr.
Petruk noted the partners have been working with the Canadian Radio and
Telecommunications (CRTC) to ensure all concerns are resolved.
No. C-232-15
Moved by:
Seconded by:
Councillor Jacobs
Councillor Wilkinson
That the Mayor and Clerk be authorized to enter into an Access Agreement with
Southshore Broadcasting Inc. for the installation of a high-speed fibre-optic
system in municipal right-of-ways, all as described in Report LLS-30-15.
Carried
Page 10 of 44
Page 7, August 10, 2015, Council Meeting Minutes
6. Report PLA-45-15 dated August 5, 2015 regarding Application for Site Plan Approval
(SPC/21/14), 2388803 Ontario Limited (Pure Hothouse Greenhouses), New
Greenhouse Development, Phase 1 and Change of Use to the Lundy Drain, 966
Hwy 77 (830-01400)
Councillor Verbeke returned to his Council seat.
Planning Technician, Denise McGregor presented the report to Council noting the
owner, Joe Moracci, was in the audience to answer questions from Council.
In response to a question from Council, Heide Mikkelsen, N. J. Peralta Engineering Ltd.
advised the stormwater management pond on site will be increased to accommodate
the flow from future phases of development.
Ms. McGregor noted the main entrance will be located on Highway 77 and the Mersea
Road 10 entrance will be a secondary entrance. The Mersea Road 10 access will
require a bridge that will need to be constructed under the Drainage Act.
No. C-233-15
Moved by:
Seconded by:
Councillor Jacobs
Deputy Mayor MacDonald
That the Engineer’s Report for the Change of Use to the Lundy Drain prepared
by N. J. Peralta Engineering Inc. dated June 26, 2015 be adopted by Council
pursuant to the provisions of the Drainage Act, R.S.O. 1990, Section 65(3);
That the payment of $48.50 buy-in fee be paid by the owner (Parcel 830-01400)
prior to execution of the Site Plan Agreement;
That the site plan for Phase 1 of the proposed greenhouse development located
at 966 Highway 77 (2388803 Ontario Limited, Pure Hothouse) be approved
subject to the final approval of the storm water management plan;
And further, that the Mayor and Clerk be authorized to execute the site plan
agreement, including the terms and conditions for water capacity
(Report PLA-45-15).
Carried
7. Report PLA-43-15 dated July 24, 2015 regarding Temporary Use By-law ZBA #119
CSH – HCH (Leamington) Inc. 1 Henry Avenue (230-10600)
Development Planner, Brian Nagata summarized his report noting there would be a
deficiency of five (5) parking spaces. Mr. Nagata also noted Karl Tanner, Planner with
Dillon Consulting was in the audience to field any questions from Council.
Council expressed their concern with granting an exemption for additional parking. Mr.
Nagata stated this will be the last temporary use extension for this property.
Page 11 of 44
Page 8, August 10, 2015, Council Meeting Minutes
Mr. Neufeld advised the number of beds located at 1 Henry Avenue CSH-HCH Inc. is
contracted with the Local Heath Integration Network (LHIN) for three (3) years. At this
time 1 Henry Avenue is short five (5) parking spaces. Mr. Neufeld advised 1 Henry
Avenue as an agreement with a neighbouring property to have five (5) parking spaces
allotted to them so they can meet the necessary requirements.
No. C-234-15
Moved by:
Seconded by:
Councillor Verbeke
Councillor Jacobs
That Zoning By-law Amendment Application ZBA #119 (1 Henry Avenue – CSH –
HCH (Leamington) Inc.) to permit temporary relief from the onsite parking area
requirements of Zoning By-law 890-09 through a temporary use by-law, to
accommodate 92 beds in the retirement home facility located at 1 Henry for a
period of three years, was reviewed and deemed to be complete pursuant to the
requirements of the Planning Act;
And that Administration be directed to schedule the required Public Meeting for
the purpose of receiving public comments (PLA-43-15).
Carried
8. Report PW-06-15 dated July 27, 2015 regarding Rotary Club Little Free Library
Program
Manager of Public Works, Ken Brown summarized his report.
Deputy Mayor MacDonald read the letter of support for the Rotary Club’s Little Free
Library program from the Essex County Library Chief Librarian.
No. C-235-15
Moved by:
Seconded by:
Deputy Mayor MacDonald
Councillor Verbeke
That the request of the Leamington Rotary Club to install a Little Free Library unit
in Seacliff Park, Rick Atkin Park, Chestnut Park and East Side Park be approved;
And that the Municipal Public Works department be authorized to provide in-kind
assistance with the installation of the four (4) Little Free Library units
(PW-06-15).
Carried
Page 12 of 44
Page 9, August 10, 2015, Council Meeting Minutes
9. Report FIN-14-15 dated August 4, 2015 regarding Banking Proposal Award
Manager of Dave DelCiancio presented the report.
No. C-236-15
Moved by:
Seconded by:
Councillor Hammond
Councillor Jacobs
That the Mayor and Clerk be authorized to execute the required documents to
enter into banking services with Windsor Family Credit Union for 5 years. (Report
FIN-14-15).
Carried
Matters for Approval:
No. C-237-15
Moved by:
Seconded by:
Councillor Dunn
Councillor Verbeke
That the Minutes of the Leamington Municipal Heritage Advisory Committee
meeting held July 22, 2015 be adopted.
Carried
Other Matters for Consideration:
No. C-238-15
Moved by:
Seconded by:
Councillor Jacobs
Councillor Wilkinson
That the Minutes of the Leamington Police Services Board Meeting held May 27,
2015 be received.
Carried
Report on Closed Session:
The Director of Legal and Legislative Services, Ruth Orton reported that a closed
meeting was held at 5:36 PM prior to the regular Council meeting pursuant to
Subsection 239 (2)(c) of the Municipal Act, 2001 to consider one (1) item,
Confidential Report CAO-04-15 dated August 6, 2015 regarding potential acquisition of
land. Proper notice was given. The meeting adjourned at 5:50 PM. Direction was
provided to administration and no votes other than procedural were taken.
Page 13 of 44
Page 10, August 10, 2015, Council Meeting Minutes
Consideration of By-laws:
Councillor Verbeke declared a conflict of interest with Report LLS-30-15 and
Confirmation By-law 500-15. The Councillor did not participate in the discussion or vote
on the matter.
No. C-239-15
Moved by:
Seconded by:
Deputy Mayor MacDonald
Councillor Dunn
That the following by-laws be read a first and second time:
By-law 492-15 being a by-law to amend the Comprehensive Zoning Bylaw No. 890-09 for the Municipality of Leamington, which pertains to the
subject lands ZBA #118, 81, 83, 85 and 87 and 89, 91, 93 and 95 Carolina
Woods Crescent; and
By-law 500-15 being a by-law to confirm the proceedings of the Council of
The Municipality of Leamington at its meeting held August 10, 2015
Carried
Notices of Motion:
None.
Open Session of Council and Administration:
Councillor Verbeke received a request from a resident regarding maintenance of the
Silver Creek drain during construction of an access culvert. Chief Administration Officer,
Peter Neufeld responded the request will be given consideration and Council will be
provided with an update.
Statement of Members: non-debatable
Councillor Jacobs passed on compliments he received from a resident regarding the
local parks. A job well done to Public Works.
Mayor Paterson reported on the following:

On Friday, July 24, 2015 the Mayor attended the opening ceremony for the
Mosaic Festival which celebrates the rich cultural diversity of the area;

On Saturday, July 25, 2015 the Mayor attended the 30th Anniversary of the
Leamington Marina;

On Wednesday, July 29, 2015 the Mayor and Chief Administrative Officer met
with several Uptown business owners regarding their concerns. A further meeting
is anticipated;
Page 14 of 44
Page 11, August 10, 2015, Council Meeting Minutes

On Saturday, August 1, 2015, the Mayor and his wife attended the opening of the
Rodeo where all funds raised were donated to Hospice, Erie Shores Campus

On Friday, August 7, 2015, the Mayor along with Mayor Nelson Santos opened
the Leamington Folk Festival.
Adjournment:
No. C-240-15
Moved by:
Seconded by:
Councillor Verbeke
Councillor Jacobs
That the meeting adjourn at 8:57 PM.
Carried
John Paterson, Mayor
Ruth Orton, Clerk
Minutes approved at Council Meeting held
August 24, 2015, Resolution C-XXX-15,
Confirmation By-law XXX-15
Page 15 of 44
The Corporation of the Municipality of Leamington
Court of Revision Minutes, Drainage
Monday, August 10, 2015 at 6:04 PM
Leamington Council Chambers
Members Present: Deputy Mayor Hilda MacDonald, Chair
Councillors: John Hammond, John Jacobs, Larry Verbeke,
Tim Wilkinson
Also Present:
Mayor John Paterson
Councillor Bill Dunn
Staff Present:
Chief Administrative Officer Peter A. Neufeld
Director of Legal and Legislative Services Ruth Orton
Director of Community & Development Services Tracey Pillon-Abbs
Manager of Engineering Services Allan Botham
Manager of Public Works Ken Brown
Fire Chief Chuck Parsons
Manager of Information Technology David Delciancio
Manager of Planning Services Danielle Truax
Acting Project Engineer Alexander Del Brocco
Economic Development Officer Jeannine Lassaline-Berglund
Development Planner Brian Nagata
Planning Technician Denise McGregor
Heritage Research Assistant Olivia Ashton
Council Services Assistant Mary Ann Manley
Disclosures of Pecuniary Interest:
None
Opening Court of Revision:
Moved by:
Seconded by:
Councillor Verbeke
Councillor Wilkinson
That the Court of Revision to provide for the construction of a new access culvert
over the Silver Creek Drain, 9th Concession Road Branch and an updated
schedule of assessment in accordance with By-law 494-15, in the Municipality of
Leamington, in the County of Essex, be opened.
Carried
Page 16 of 44
Page 2, August 10, 2015, Court of Revision Minutes, Drainage
Item for Consideration:
1. Silver Creek 9th Concession Road Branch Access Culvert and Updated Schedule of
Assessment
Manager of Engineering Services, Allan Botham introduced Tony Peralta, N. J. Peralta
Engineering Ltd. Mr. Peralta summarized the engineer’s report.
In response to a question from Council, Mr. Peralta did not want to speak for the
Drainage Superintendent, however felt it would be beneficial to clean the drain at the
same time the new access culvert is being constructed. Deputy Mayor MacDonald
asked if the Court of Revision was able to provide administration with that direction.
Director of Legal and Legislative Services, Ruth Orton replied that it was not the role of
the Court of Revision and that drainage maintenance is usually triggered by
administration. She advised this item should be discussed during regular Council under
open session.
Deputy Mayor MacDonald asked if there was anyone in the audience wishing to speak
regarding this public meeting. No one responded.
Moved by:
Seconded by:
Councillor Verbeke
Councillor Jacobs
That Construction Schedule of Assessment dated April 8, 2015 and Maintenance
Schedule of Assessment dated April 8, 2015 presented at the Court of Revision
on August 10, 2015 for a new access culvert over the Silver Creek Drain, 9th
Concession Road Branch, in accordance with By-law 494-15, in the Municipality
of Leamington, in the County of Essex, be confirmed.
Carried
Closing Court of Revision:
Moved by:
Seconded by:
Councillor Jacobs
Councillor Wilkinson
That the Court of Revision to provide for the construction of a new access culvert
over the Silver Creek Drain, 9th Concession Road Branch and an updated
schedule of assessment in accordance with By-law 494-15, in the Municipality of
Leamington, in the County of Essex, be closed.
Carried
Adjournment:
Meeting adjourned at 6:08 PM
Minutes approved at Council Meeting held
August 24, 2015, Resolution C-XXX-15,
Confirmation By-law XXX-15
Page 17 of 44
The Corporation of the Municipality of Leamington
Public Meeting Minutes, Zoning By-Law Amendments
Monday, August 10, 2015 at 6:09 PM
In Leamington Council Chambers
Members Present: Mayor John Paterson
Deputy Mayor Hilda MacDonald
Councillors: Bill Dunn, John Hammond, John Jacobs,
Larry Verbeke, Tim Wilkinson
Staff Present:
Chief Administrative Officer Peter A. Neufeld
Director of Legal and Legislative Services Ruth Orton
Director of Community & Development Services Tracey Pillon-Abbs
Manager of Engineering Services Allan Botham
Manager of Public Works Ken Brown
Fire Chief Chuck Parsons
Manager of Information Technology David Delciancio
Manager of Planning Services Danielle Truax
Acting Project Engineer Alexander Del Brocco
Economic Development Officer Jeannine Lassaline-Berglund
Development Planner Brian Nagata
Planning Technician Denise McGregor
Heritage Research Assistant Olivia Ashton
Council Services Assistant Mary Ann Manley
1. Zoning By-law Amendment #117 for 324 Erie Street North
Development Planner, Brian Nagata provided background information regarding his
report. Mr. Nagata introduced Dr. Abida Nasreen of GrowLiv Ltd.
Dr. Nasreen utilized a power point presentation to provide Council with information on
the GrowLiv Pest Management Company.
In response to a question from Council, Dr. Mustafa, President and Principal Scientist of
GrowLiv Pest Management, provided information on the number of employees required
to operate the business.
Dr. Nasreen confirmed the presence of negative pests at the facility to feed the
beneficial insects during their incubation.
Council welcomed and congratulated GrowLiv Ltd.
Mayor Paterson asked if there was anyone in the audience wishing to speak regarding
this public meeting. No one responded.
Page 18 of 44
Page 2, August 10, 2015, Public Meeting Minutes, Zoning By-law Amendments
2. Zoning By-law Amendment ZBA 118 and Consent application B-17/18/19/20/15 for
81 to 97 Carolina Crescent
Development Planner, Brian Nagata provided background information regarding his
report citing the following amendments made to the severance conditions (Schedule
“A”):
Delete condition for a watermain assessment / buy-in fee
Include the following conditions:

removal of the rear yard easements

lot grading plan and servicing plan

development agreement
Mayor Paterson asked if there was anyone in the audience wishing to speak regarding
this public meeting.
Michael Gallagher, Solicitor for the Applicant, expressed support for administration’s
report.
Moved by:
Seconded by:
Councillor Wilkinson
Councillor Jacobs
That the provisional approval of Consent Application B/17/15 for lot adjustments
and consolidations resulting in four lots being established for the development of
four semi-detached dwellings be supported by Council subject to the conditions
listed in “Schedule A” as amended to delete the condition for a watermain
assessment / buy-in fee and include conditions for the removal of the rear yard
easements; lot grading plan and servicing plan; and development agreement;
And that Zoning By-law Amendment Application ZBA#118 to change the zone of
the subject properties (270-000-12900 through 270-000-13700) be approved by
Council;
And that if no concerns are raised at the public meeting the Clerk be directed to
forward the amending By-law #492-15 to Council for its consideration
(PLA-37-15).
Carried
The meeting adjourned at 6:37 PM.
Minutes approved at Council Meeting held
August 24, 2015, Resolution C-XXX-15,
Confirmation By-law XXX-15
Page 19 of 44
The Corporation of the Municipality of Leamington
Special Closed Meeting Minutes
Monday, August 10, 2015 at 5:30 PM
Leamington Ante Room
Members Present: Mayor John Paterson
Deputy Mayor Hilda MacDonald
Councillors: Bill Dunn, John Hammond, John Jacobs,
Larry Verbeke, Tim Wilkinson
Staff Present:
Chief Administrative Officer Peter A. Neufeld
Director of Legal and Legislative Services Ruth Orton
Director of Community & Development Services Tracey Pillon-Abbs
Disclosures of Pecuniary Interest:
None.
Moving into Closed Session:
No. S-86-15
Moved by:
Seconded by:
Councillor Hammond
Councillor Wilkinson
That Council move into closed session at 5:36 PM pursuant to Subsection 239(2)(c) of
the Municipal Act, 2001 to consider Confidential Report CAO-04-15 dated August 6,
2015 regarding potential acquisition of land.
Carried
Matters for Consideration:
1. Confidential Report CAO-04-15 dated August 6, 2015 regarding potential acquisition of
land
Chief Administrative Officer, Peter A. Neufeld presented the report.
No. S-87-15
Moved by:
Seconded by:
Councillor Dunn
Councillor Hammond
That the CAO be directed to take the suggested action contained in Confidential
Report CAO-04-15 dated August 6, 2015.
Carried
Page 20 of 44
Page 2, August 10, 2015, Special Closed Meeting Minutes
Moving into Public Session:
No. S-88-15
Moved by:
Seconded by:
Councillor Verbeke
Deputy Mayor MacDonald
That Council move into public session at 5:50 PM.
Carried
Adjournment:
No. S-89-15
Moved by:
Seconded by:
Councillor Dunn
Councillor Hammond
That the meeting adjourn at 5:50 PM.
Carried
John Paterson, Mayor
Ruth Orton, Clerk
Minutes approved at Council Meeting held
August 24, 2015, Resolution C-XXX-15,
Confirmation By-law XXX-15
Page 21 of 44
PLA-46-15
Report
To:
Mayor and Members of Council
From:
Brian Nagata, Development Planner
Date:
August 6, 2015
Re:
Temporary Use By-law ZBA #117
2456420 Ontario Ltd.
324 Erie Street North (640-10000)
Aim:
To recommend that By-law #491-15, being a by-law to amend the zoning for lands known
as 324 Erie Street North from Commercial Shopping Centre Holding Zone (C3(h)) to
Commercial Shopping Centre Zone (C3-5) to permit the extension of a legal nonconforming agricultural use, to allow three temporary structures for a three year time
period, and to remove the Holding Zone, be read for a first, second, and third and final
time.
Background:
On August 10, 2015 a public meeting was held to consider zoning amendment application
ZBA #117 as described above. The amendment was brought forward to allow the
installation of three temporary structures on the property as an expansion of the existing
agricultural greenhouse operation. The structures will be used for the production and
storage of insects for pest management within the greenhouse industry. The applicant
intends to use the temporary structures for a time period of three years to allow the
business an opportunity to become established on the subject property.
The property is also within a Holding (H) Zone which restricts future commercial
development and requires the removal of the (H) prior to the issuance of a building permit.
The Municipality is satisfied that there are no service issues related to the proposed
development.
There were no concerns or issues raised at the above noted public meeting.
The proposal was reviewed by the Development Review Committee who identified no
concerns and confirmed that Site Plan Control would not be required at this time.
Written comments were received from ERCA noting there were no concerns regarding
natural heritage features or storm water management and that a development permit had
been issued to the applicant.
Page 22 of 44
Page 2, PLA-46-15, ZBA #117, 2456420 Ontario Ltd., 324 Erie Street North
The proposed development can be appropriately serviced by the abutting local road and
available municipal and private services.
Key Map of Subject Property
Conclusion:
Administration is in a position to state the application as proposed:
i) Is consistent with the direction of the Provincial Policy Statement
ii) Is in keeping with the overall goals and policies of the Official Plan, including
Sections 7.13 and 7.15, referenced in Planning Report PLA-30-15;
iii) Satisfies the criteria to be considered when amending Zoning By-law #890-09.
Page 23 of 44
Page 3, PLA-46-15, ZBA #117, 2456420 Ontario Ltd., 324 Erie Street North
By-law #491-15 is being presented to Council for a first, second, and third and final
reading. Upon the final reading of By-law #491-15, a Notice of Passing will be provided to
all those who requested to be notified of Council’s decision, as well as property owners
within 120 m (400 ft.) of the subject property and those persons prescribed under the
Planning Act. The appeal period will run for 20 days from the issuance of the Notice of
Passing where objections can be submitted to the Ontario Municipal Board (OMB). Upon
receipt of an appeal, the OMB is required not only to have regard to Council’s decision, but
the basis on which the decision is made. In order to ensure that the OMB has regard to
Council’s decision, Council should be able to demonstrate that its decision was fully
supported by relevant information and that the information was considered by Council.
Financial Impacts:
There are no financial impacts to the Municipality as a result of the proposed amendment.
Recommendation:
THAT the Temporary Use By-law Amendment Application ZBA #117 to amend zoning of
lands at 324 Erie Street North from Commercial Shopping Centre Holding Zone (C3(h)) to
Commercial Shopping Centre Zone (C3-5) which will allow extension of the existing legal
non-conforming agricultural use of the property, to allow the installation of three temporary
structures for the production and storage of insects for pest management within the
greenhouse industry for three years and to remove the holding zone be approved;
AND THAT the Clerk be directed to forward the temporary use by-law to Council for
consideration. (PLA-46-15)
Digitally signed
Respectfully submitted,
Brian Nagata
Digitally signed by Brian Nagata
DN: cn=Brian Nagata, o=Municipality of
Leamington, ou=Development Planner,
[email protected], c=CA
Date: 2015.08.18 16:23:06 -04'00'
Brian Nagata
Development Planner
Danielle Truax, by Danielle Truax,
Manager of
Manager of
Planning Services
Planning
Date: 2015.08.19
Services
08:33:54 -04'00'
Danielle Truax
Manager of Planning Services
Digitally signed by
Tracey Pillon- Tracey Pillon-Abbs,
Abbs, Director Director of
Community &
of Community Development
& Development Services
Date: 2015.08.19
Services
08:47:53 -04'00'
Tracey Pillon-Abbs
Director of Community and
Development Services
: bn
T:\Planning\Council Reports\2015\PLA 46 15 ZBA 117 (Temporary Use) 2456420 Ontario Inc.
Page 24 of 44
PLA-47-15
Report
To:
Mayor and Members of Council
From:
Denise McGregor, Planning Technician
Date:
August 12, 2015
Re:
Application for Site Plan Control Approval – SPC/04/13
Proposed Commercial Building (Mac’s Convenience)
Eddy Daraiche – 2 Seacliff Drive West (Roll No. 210-04100)
329 Erie Street South (Roll No. 210-04000)
331 Erie Street South (Roll No. 210-03900)
Aim:
To report upon and seek Council approval of an application for site plan control for a
proposed commercial building located at 2 Seacliff Drive West.
Background:
Staff received an application for site plan approval from the Owner of the subject property
to construct a 3,505 sq. ft. (325.6 sq. m.) convenience store, a canopy over 4 island gas
pumps and an outdoor patio area. There are 22 standard parking spaces and one barrier
free parking space provided. All driveways and parking areas are to be hard surfaced.
The subject property is currently vacant, however, a site plan agreement dated January 19,
2011 affects the subject property. This agreement will be rescinded and a new site plan
agreement will be prepared and registered on title of the property.
Comments:
The subject property is described as Part Lot 6, BFC, in the Municipality of Leamington.
The commercial building and associated amenities will be constructed over 3 parcels of
property 2 Seacliff Drive West, 329 Erie Street South and 331 Erie Street South. The
owner is to merge the properties on title and consolidate the PIN’s. See key map attached.
The property is zoned C2, Commercial Highway Zone, on Map 59 of the Municipality of
Leamington Zoning By-law No. 890-09. The property is designated Erie St S Commercial
District on Schedule A-6C in the Official Plan approved February 5, 2008.
The total area of the subject property is approximately 36,188.27 sq. ft. (3362 sq. m.) in
size and is surrounded by commercial and residential uses.
Page 25 of 44
Page 2, PLA-47-15, 2 Seacliff Drive West, Eddy Daraiche
The subject property is adjacent to a residential uses to the south and west. Although the
municipality is not obligated to contact the owners abutting the property which is being
developed, input was sought from the neighbours with respect to buffering. Through this
process, the neighbours have advised, and the owner has agreed, to install a 9.84 foot
(3m) high privacy fence to block head lights from shining onto residential properties and to
reduce the amount of garbage and noise typically associated with this type of
development. In addition, landscaping will be installed along the west and south property
lines abutting the residential zone to help with buffering from parking areas and the
building.
Key Map Showing Location of 2 Seacliff Drive West
The site plan dated October 7, 2014, prepared by Armoclan Engineering Ltd. meets all
provisions of the Municipality of Leamington Zoning By-law No. 890-09 and is being
recommended by staff.
Page 26 of 44
Page 3, PLA-47-15, 2 Seacliff Drive West, Eddy Daraiche
Administration has completed their review of the proposed site plan as part of the preconsultation process. It is administration’s opinion that the proposed development complies
with the objectives of the Planning Act and Municipal Policies. The proposed site plan
agreement contains standard provisions that provide for matters such as securities, cash-inlieu of parkland, and issuance of building permits all in accordance with the development
policies approved by Municipal Council.
Recommendation:
That the site plan for the proposed commercial building, located at 2 Seacliff Drive West
(Eddie Daraiche) be approved;
And further, that the Mayor and Clerk be authorized to execute the site plan agreement.
(Report PLA-47-15)
Respectfully submitted,
Digitally signed
Denise
by Denise
McGregor McGregor, AMCT
Date: 2015.08.18
, AMCT 13:44:56 -04'00'
Denise McGregor,
Planning Technician
Tracey PillonAbbs, Director of
Community &
Development
Services
Danielle
Truax,
Manager of
Planning
Services
Digitally signed
by Danielle Truax,
Manager of
Planning Services
Date: 2015.08.18
15:18:56 -04'00'
Danielle Truax,
Manager of Planning Services
Digitally signed by
Tracey Pillon-Abbs,
Director of Community &
Development Services
Date: 2015.08.18
15:32:38 -04'00'
Tracey Pillon-Abbs,
Director of Community and Development Services
T:\Planning\Council Reports\2015\PLA 47 15 2 Seacliff Dr W - Daraiche\PLA-47-15 Daraiche - 2 Seacliff Dr W.Docx
Page 27 of 44
Page 4, PLA-47-15, 2 Seacliff Drive West, Eddy Daraiche
Page 28 of 44
PLA-48-15
Report
To:
Mayor and Members of Council
From:
Denise McGregor, Planning Technician
Date:
August 11, 2015
Re:
Pure Flavor Farms Inc. (Formerly 2388803 Ontario Limited)
Site Plan Control Approval (SPC/21/14)
New Greenhouse Development – Phase 1
966 Highway 77 (830-01400)
Aim:
To seek Council’s authorization to enter into a site plan agreement with Pure Flavor Farms
Inc. (formerly 2388803 Ontario Ltd.) for the greenhouse development at 966 Highway 77.
Background:
Council at its meeting held Monday, August 10, 2015, was presented with planning report
PLA-45-15, seeking authorization to enter into a site plan agreement with 2388803 Ontario
Limited, for the subject property. A council resolution was passed supporting this
recommendation.
Upon preparing the site plan agreement, it was noted that the subject property previously
owned by 2388803 Ontario Limited, is now owned by Pure Flavor Farms Inc. To ensure
that all parties to the site plan agreement are aware of the change in ownership,
authorization to enter into the site plan agreement with the current owner of the subject
property, municipally known as 966 Highway 77, is required.
Comments:
The site details shown on the site plan received July 28, 2015, prepared by N. J. Peralta
Engineering Ltd., for Phase 1 of the greenhouse development as outlined in planning
report PLA-45-15, have not changed.
Page 29 of 44
Page 2, PLA-48-15 – Pure Flavor Farms Inc. – 966 Highway 77
Recommendation:
That the Mayor and Clerk be authorized to enter into the site plan agreement with Pure
Flavor Farms Inc.(formerly 2388803 Ontario Ltd.) for the greenhouse development at 966
Highway 77 (Report PLA-48-15).
Respectfully submitted,
Denise
McGregor,
AMCT
Digitally signed by
Denise McGregor, AMCT
Date: 2015.08.18
13:39:54 -04'00'
Denise McGregor,
Planning Technician
Digitally signed
Danielle Truax, by Danielle Truax,
Manager of
Manager of
Planning Services
Planning
Date: 2015.08.18
Services
15:20:04 -04'00'
Danielle Truax,
Manager of Planning Services
Tracey Pillon- Digitally signed by
Tracey Pillon-Abbs,
Abbs, Director Director of
of Community Community &
Services
& Development Development
Date: 2015.08.18
Services
15:31:29 -04'00'
Tracey Pillon-Abbs,
Director of Community and Development Services
/dm
T:\Planning\Council Reports\2015\PLA 48 15 Pure Flavor - 966 Highway 77\PLA 48 15 - Pure Flavor - 966 Hwy 77.Doc
Page 30 of 44
REC-17-15
Report
To:
Mayor and Members of Council
From:
Terry Symons, Acting Manager of Recreation, Tourism & Culture
Date:
August 6, 2015
Re:
Leamington Municipal Marina – 2016 Fee Schedule
Aim:
To request Council approval for the 2016 Fee Schedule as it relates to the Leamington
Municipal Marina.
Background:
Council annually approves fees as part of the comprehensive Tariffs of Fees bylaw for the
following year. Due to the seasonal nature of the Leamington Marina, and the desire to
establish contracts for the 2016 season before the end of the 2015 boating season,
Administration is requesting that the marina fee schedule be approved in advance. Those
boaters that are on a waitlist for 2016 may then be contacted and offered a berth allowing
the marina to secure additional revenues while maximizing yield potential.
Comments:
Seasonal dockage rates have increased $5/foot between the years 2011 to 2015. As a
result, no change is being recommended to seasonal rates per foot in 2016.
Changes to note for the 2016 Fee Schedule include;
x
$5 increase in day dockage rates,
x
$50 increase in seasonal dockage for 15 foot to18 foot boat sizes,
x
$50 increase for jet-ski dock unit rentals,
x
$2 increase for pump-out services,
x
$3 decrease in boat ramp daily passes is recommended to remain competitive with
area marinas. This will also bring the total with taxes to an even $10,
x
Kiosk advertising signage has not increased since 2004 and a $75 increase is
recommended based upon market demand.
A new user fee is recommended for the temporary use of a leased slip while the original
lessee is not using the slip. The user fee is recommended at $25 per day plus tax. The
lessee must first grant permission for the temporary use. The temporary user of the slip
would then need to sign a contract and submit proof of insurance for the boat that will be
Page 31 of 44
Page 2, REC-17-15, 2016 Marina Seasonal Dockage Fees
occupying the slip. Only lessees that own multiple boats and provide proof of ownership
and insurance will be exempt from the fee. Please reference the attached Schedule D.
Should council approve the proposed fee schedule, then administration will be a position to
issue the Seasonal Dockage Agreements to retain the maximum number of current
boaters. There are several payment plans available, which are due starting February 1st,
2016.
Financial Impact:
The 2015 overall hydro costs are budgeted at $23,300 with a 5% increase projected for
2016.
Recommendation:
That the 2016 Marina Fee Schedule D be approved. (REC-17-15)
Respectfully submitted,
Ronan Oliver
Marina Supervisor
Terry Symons
Acting Manager of Recreation, Tourism
& Culture
Tracey Pillon-Abbs
Director of Community &
Development Services
ATTACH (1)
/ro
REC 17 15 - 2016 Marina Seasonal Dockage Fees.doc
Page 32 of 44
REC-18-15
Report
To:
Mayor and Members of Council
From:
Terry Symons, Acting Manager of Recreation, Tourism & Culture
Date:
August 11, 2015
Re:
Tim Horton’s Sponsored Holiday Skates
Aim:
To seek authorization to enter into a sponsorship agreement with Tim Horton’s for the 2015
Holiday Skates.
Background:
Tim Horton’s began sponsoring Holiday Skates at the Leamington Kinsmen Recreation
Complex in 2001 when the Unico Arena was first opened. These arrangements are
handled through Tim Horton’s head office as opposed to the individual local Tim Horton’s
restaurant owners. Tim Horton’s has sponsored varying amounts of ice time over the years
from $900 to a peak amount of $1,700.
Comments:
Tim Horton’s has informed us that they have had to realign their regional marketing
territories and to accommodate their contractual commitments to a long list of program and
event sponsorships, they will not be able to sponsor as many skates as they have in the
past.
They have identified a commitment of $700.00 before tax for the 2015 holiday season to
the Municipality of Leamington. This will be used for December 23rd and December 28th
free holiday skates for our community.
The agreement includes reciprocal indemnity provisions and that the Municipality is
required to add Tim Hortons as an additional insured.
Financial Impact:
There is no financial impact since the cost of the rental and ice monitors will offset with the
sponsorship amount.
Page 33 of 44
Page 2, REC-18-15, Tim Horton’s Sponsored Holiday Skates
Recommendation:
That the Mayor and Clerk be authorized to execute the Tim Horton’s Sponsorship
Agreement. (REC-18-15)
Respectfully submitted,
Terry Symons, Manager
Terry Symons,
of Recreation Tourism &
Manager of
Culture
Recreation Tourism 2015.08.18 14:33:33
-04'00'
& Culture
Terry Symons
Acting Manager, Recreation, Tourism
& Culture Department
Tracey Pillon-Abbs,
Director of
Community &
Development Services
Digitally signed by Tracey
Pillon-Abbs, Director of
Community & Development
Services
Date: 2015.08.18 15:33:26
-04'00'
Tracey Pillon-Abbs
Director, Community & Development
Services
/ts
REC 18-15 - Tim Hortons Holiday Skates.doc
Page 34 of 44
PW-07-15
Report
To:
Mayor and Members of Council
From:
Ken Brown, P.Eng, Manager of Public Works
Date:
August 17, 2015
Re:
Purchase of a Trailer Mounted Vacuum Leaf Collector
Aim:
To report upon the results of tenders received for a trailer mounted vacuum leaf collector
and to request Council authorization to award the tender to the lowest bidder.
Background:
The Public Works Department uses a trailer mounted leaf collector in the fall to pick up
leaves along the urban boulevards, right of ways and in municipal parks. This activity
keeps the leaves off the road and out of the storm sewer system and keeps the streets of
Leamington looking clean.
During the 2015 capital budget deliberations, $35,000 from reserves was approved to
replace the existing 2003 leaf collector attachment (asset # 56386).
Administration notified relevant equipment suppliers of the tender, as well as listed it on our
Municipal website and MERX public tender website.
The following table summarizes the tenders received and opened on August 12, 2015:
Bidder
Bidder
Location
Bid Amount
Before Trade In
(excluding HST))
Trade In
Values
Total Bid Amount
After Trade In
(including HST))
Joe Johnson Equipment
Innisfil
$37,068.75
$1,000
$40,757.69
Burlington
$45,245.00
$1,500
$49,431.85
G.C. Duke Equipment
The lowest bid being Joe Johnson Equipment at $40,757.69 including HST after trade in.
Comments:
Administration reviewed the tender submissions and confirmed that the lowest bidder Joe
Johnson Equipment, offering a 2015 ODB LCT600 Trailer Mounted Vacuum Leaf Collector
(shown below), met the required minimum specifications.
Page 35 of 44
Page 2, PW-07-15, Purchase of a Trailer Mounted Vacuum Leaf Collector
Below is a picture of the recommended trailer mounted vacuum leaf collector.
Financial Impact:
The following table summarizes the purchase price (including net HST) that would be
charged to the Public Works capital account, as well as the current asset disposal:
Capital Account
Asset
Sale
Purchase Price
(incl. net HST)
Total
Budget
Budget
Variance
10-7-0630-8030-563122
$1,000
$36,704
$35,000
$1,704
The existing 2003 GIANT VAC leaf collector (asset # 56386) will be traded in with the
purchase of the new ODB leaf collector listed above.
As indicated in the table, the final purchase price is $1,704 over the approved budgeted
amount. This overage can be mitigated by several under budget capital purchases within
the Public Works 2015 capital account, currently over $30,000 under budget.
Recommendation:
That the purchase of one (1) 2015 ODB LCT600 trailer mounted vacuum leaf collector in
the amount of $37,068.75 (plus HST), less the trade in of $1,000, charged to capital
account number 10-7-0630-8030-563122 be approved. (Report PW-07-15)
Respectfully submitted,
Ken Brown, P.Eng
Manager of Public Works
Digitally signed by Robert Sharon,
Director of Infastructure Services
DN: cn=Robert Sharon, Director
of Infastructure Services, o, ou,
[email protected],
c=CA
Date: 2015.08.20 08:11:54 -04'00'
Robert Sharon, CMO
Director of Infrastructure Services
Page 36 of 44
IS-12-15
Report
To:
Mayor and Members of Council
From:
Robert Sharon, Director of Infrastructure Services
Date:
August 18, 2015
Re:
Ontario Community Infrastructure Fund 2015 Intake
Aim:
To provide Council with information regarding the Ontario Community Infrastructure Fund
(OCIF);
And to request Council approval for the submission of an Expression of Interest (EOI)
under the OCIF program.
Background:
On August 18, 2014 the Province of Ontario announced infrastructure funding for
municipalities under the Ontario Community Infrastructure Fund (OCIF).The OCIF program
is designed to partially fund municipal infrastructure projects for municipalities less than
100,000 in population.
OCIF will provide $100 million per year to continue to support the revitalization and repair
of roads, bridges and other critical infrastructure in small, rural and northern communities.
The OCIF includes $50 million per year in application-based funding and another $50
million per year in stable, predictable formula-based annual funding.
The Municipality of Leamington is eligible for funding under the 2015 intake of the OCIF
application based program. Municipalities may submit a request for funding of up to 90% of
project costs, to a maximum of $2 million in funding per project. Each Municipality can
submit only one project for OCIF funding consideration and must have their Financial
Information Return submitted by September 30, 2015.
Expressions of interest are due for the 2015 intake of OCIF to the Ministry of Agriculture,
Food and Rural Affairs by September 11, 2015. If projects are selected to move past the
pre-screening process, a full application will be due some time in November of 2015.
Project approval announcements are expected in early 2016. Projects must be completed
by December 31, 2017.
The Ministry has indicated that the priority will be on the replacement or rehabilitation of
existing infrastructure. The OCIF program manual states:
Page 37 of 44
Page 2, IS-12-15 OCIF 2015
“A focus of the Municipal Infrastructure Strategy is to provide support for critical core
infrastructure projects. Ontario’s priority will be projects that focus on renewal, rehabilitation,
and replacement projects. If expansion projects are proposed, eligible applicants will be
required to demonstrate that core infrastructure projects are being addressed and that there is a
plan to fund the lifecycle costs of the expansion (e.g., ongoing maintenance).”
Comment:
The Municipality of Leamington must now consider which project to select for submission
under the application based OCIF program.
One of the major capital initiates currently being considered by the Municipality is the
construction of North East Sanitary Sewer. The objective being to service the designated
Industrial/Commercial (employment) lands in the North. However, as this is new
infrastructure meant to service growth, and the primary objective of this funding program is
the renewal/rehabilitation of existing infrastructure, it is the opinion of Administration that
this project is not eligible.
Administration reviewed the program eligibility guidelines and considered factors such as
the percentage of project funding and maximum funding per project, total available
provincial wide program funding against the number of eligible municipalities, and the
overall capital needs of the Municipality of Leamington. After doing this, Administration
recommends submission for the reconstruction and sewer separation of Marlborough
Street West from Erie Street to Chestnut Street (please refer to map below), which is the
next step in the on-going sewer separation program (Steps 111 and 112).
Below is a diagram identifying the proposed site.
Page 38 of 44
Page 3, IS-12-15 OCIF 2015
This project includes installation of new sanitary and storm sewers, removal of existing
combined sewers, removal of the combined sewer overflow into the separated sewer on
Marlborough Street East, replacement of old watermains, new trees, and complete
reconstruction of the roadway and sidewalks.
Two alternative considerations for OCIF projects are:
x
x
Partial funding of $450,000 (90% of $500,000) for the reconstruction of Bridge No.
53.
Partial funding of $720,000 (90% of $800,000) for the rehabilitation of Sherk Street.
Financial Impact:
There is no financial impact to submit the EOI. If the project is selected for funding, the
2016/17 budget years will need to include the selected project and allocate the appropriate
level of municipal funding.
For Council’s information, the road reconstruction and sewer separation of Marlborough
Street West is in the five year capital plan to be completed in two phases over 2016 and
2017. It is also important to note that the subject project is proposed as a local
improvement, with benefiting properties sharing in the cost of the new sanitary sewer.
Therefore, the local improvement process must be completed.
Should provincial funding for this project be approved, construction must be completed by
December 31, 2017 as prescribed by the program. Components of the project are included
in the Sewer, Engineering, and Water capital plans as the project renews infrastructure in
all three areas.
It is recommended that Leamington’s EOI will request $1,000,000 (50% of estimated
project costs) in provincial funding. The recommendations for the remaining funding
mechanisms for the project are as follows:
Funding Source
Water Reserve (water rates)
Amount
280,000
Notes
Watermain replacement costs
Local Improvement Charges
220,000
Estimate based on eligible sewer works
Urban Tax Rate (sewer reserve)
455,000
Partial funding of sewer works
General Tax Rate
45,000
Partial funding of road works
Provincial Funding
1,000,000
Partial funding of road works
Total
2,00
00,000
Page 39 of 44
Page 4, IS-12-15 OCIF 2015
Recommendation:
That the information regarding the Ontario Community Infrastructure Fund be received;
And that the request to submit an Expression of Interest under the Ontario Community
Infrastructure Fund for partial funding of the reconstruction of Marlborough Street West be
approved. (IS-12-15)
Respectfully submitted,
Robert Sharon, CMO
Director of Infrastructure Services
Page 40 of 44
IS-13-15
Report
To:
Mayor and Members of Council
From:
Robert Sharon, Director of Infrastructure Services
Date:
August 11, 2015
Re:
2015 LED Streetlight Conversion Program
Aim:
To recommend the Municipality of Leamington enter into a contract with LRL Roadway
Lighting (LRL) for the supply of Light Emitting Diode (LED) streetlight fixtures for the 2015
Streetlight Conversion program;
And to recommend the Municipality of Leamington enter into a contract with Essex Energy
Corporation for the installation of the LED streetlights.
Background:
Leamington currently owns and manages a streetlight network of approximately 2,200
lights. These streetlights have been installed throughout the municipality over time and as
development progressed. Some sections of the streetlight network were designed to
generally accepted engineering standards, while other sections, mostly in the older parts of
town, were installed as a result of requests from residents or at the discretion of the
responsible authority at the time.
Leamington’s current streetlight network uses primarily older technology of high pressure
sodium (HPS) bulbs for the purposes of lighting streets. While proving to be stable and
reliable for many years, the older technology is much less efficient than the newer LED
technology in terms of energy required to produce the same amount of light. Newer LED
technology has been used in Leamington, with success, in some recent infrastructure
projects such as the reconstruction of the Oak and Erie intersection in 2013.
While LED technology was developed over 50 years ago, and LED streetlights have been
in service for more than a decade, the technology has now advanced to a stage where it is
considered to be stable, and reliable enough to replace other streetlighting technology as
the lighting of choice.
Further to Council’s resolution C-159-14, that LED technology is the new municipal
standard for all new streetlights installed in Leamington, and further to a sound business
case with acceptable return on investment considerations, Council approved $1.3 million in
the 2015 Capital budget for the conversion of HPS streetlights to LED.
In preparing for this approved project in 2015, Administration chose to focus on the
standard streetlights which represent 82% of the system. Decorative streetlights account
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Page 2, IS-13-15 LED Streetlight Conversion
for approximately 400 of the total 2,200 lights in Leamington or 18%. Within that number of
decorative lights, there are over 20 different fixtures, posing a number of unique challenges
with different cost of replacement and different cost recovery considerations. Since
decorative streetlight replacements or conversions cost considerably more than standard
streetlights, each of the 20 decorative fixture types will reviewed to determine if it is
practical to convert the fixture to LED. Many of these decorative streetlights will not provide
an adequate business case to warrant conversion to LED. This continued review will
happen over the 2015/2016 fiscal years.
Huron Geomatics was retained in 2014 and completed a survey of municipal streetlights
using LiDAR (Light Detection and Ranging) technology. This survey helped confirm an
accurate inventory of our existing light locations and wattages and placed the municipality
in a favourable position to complete replacement in 2015.
Comments:
In April of 2015 the Municipality issued a Request for Proposals (RFP) from qualified
proponents to supply approximately 1,800 LED streetlights. The RFP was to include only
the supply and delivery of standard, typical streetlight fixtures to Leamington. Installation
would be completed by a contractor under separate contract. The RFP document was
posted on the Leamington Municipal website, and on the Merx – Public Tenders web site.
The RFP was written such that suppliers were required to supply lights to replace our
existing inventory at existing locations, and that the short list of suppliers may be asked to
analyze our data to identify and recommend upgrades to address deficiencies in the
lighting system. On April 30, 2015, Leamington received nine (9) submissions from firms
across Canada and the United States for the supply and delivery of LED streetlight fixtures.
Proponents submitted proposals to demonstrate:
1. How they meet the requirements outlined in the RFP document,
2. Why they should be the preferred LED supplier to Leamington, and
3. How their organization will bring added value to the design and performance of the
LED streetlight system.
Administration completed the evaluation against the aforementioned goals, and against a
rigorous, comprehensive list of technical specifications.
Among other things, proponent submissions were scored with respect to the ability to:
1.
2.
3.
4.
5.
provide lighting designs using latest RP-8-14 standard,
satisfy the warranty requirement,
meet and exceed the minimum materials specifications (eg. grade of aluminum),
satisfy light deterioration standards over a 50,000 to 100,000 hour service life, and
provide the lowest total upfront cost and minimal estimated system wattage.
Administration conducted a two stage approach of shortlisting the top three proposals, then
conducting a more detailed evaluation to identify the preferred proponent. At the
conclusion of this process, Administration selected LRL Roadway Lighting located in
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Page 3, IS-13-15 LED Streetlight Conversion
Halifax, Nova Scotia as the preferred lighting supplier. After selecting LRL, the Municipality
engaged in contract negotiations with LRL including the requirement for LRL to complete a
detailed lighting design of the entire Municipality to identify final fixture counts, type and
final costs. Administration is now in a position to recommend that LRL be contracted to
supply and deliver LED standard streetlighting fixtures for the Municipality of Leamington.
As noted, Leamington recognizes that the existing lighting system was installed over a long
period of time and constructed with evolving and changing design standards. Therefore,
the lighting levels do not necessarily satisfy today’s standard of RP-8-14, the latest
recommended standard from the Illuminating Engineers Society (IES). LRL has provided,
in addition to their proposal, recommendations to address deficiencies in the system. It is
likely that some of these deficiencies can be addressed during the streetlight conversion
program, while the remainder will be specific capital improvement projects to take place
over time. Additionally, it is not practical to inspect every streetlight to determine the
condition of every aspect of the fixture, such as the pole wiring, the condition of the fixture
arm, etc. Therefore a contingency allowance to manage these items should be built into
the project cost estimate.
In addition to the streetlight purchase, Administration is recommending that Essex Energy
Services be contracted to manage and perform the installation of the new LED streetlight
fixtures. Essex Energy, a municipally owned corporation, and its affiliate corporations have
more than a decade of experience maintaining, troubleshooting and installing streetlights
for municipalities in Essex County. Essex Energy affiliates are the primary maintenance
provider for the Town of Tecumseh, the Town of LaSalle and the Municipality of
Leamington.
Installation of a streetlight fixture may appear to be a simple operation, however, the
combination of Essex Energy’s expertise, knowledge of the system, understanding of the
ESA process and protocols, together with the condition of our infrastructure, will optimize
time and minimize unnecessary over expenditures.
Subject to Council’s approval, it is expected that a purchase order will be issued to LRL the
week of August 24, 2015, and that fixtures would begin arriving in Leamington
approximately 6 weeks later, the week of October 12, 2015. Essex Energy will begin
installation shortly thereafter, and subject to weather condition, work will proceed over the
following 4-6 weeks. It is expected that all of the approximately 1,800 streetlights will be
installed in 2015.
Financial Impact:
The street light conversion program was budgeted to be funded from Federal Gas Tax
Reserves ($1,150,000) with further grant funding from the SaveOnEnergy Program
($150,000) for a total of $1,300,000. This budget included the decorative streetlights which
do not form part of this consideration.
Including additional contingency costs to upgrade the system as required during the
installation, it is conservatively predicted that this initiative will have a 5 to 6 year return on
investment depending on actual project costs, and realized energy and maintenance
savings. This project is predicted to result in an accumulated energy and maintenance
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Page 4, IS-13-15 LED Streetlight Conversion
savings of approximately $5 million over the next 20 years, and reduce streetlight energy
consumption by more than 60%, a key component of the Municipality’s energy
management plan.
Task
Firm
Estimated
Cost
Estimated
Cost Including
net HST
2015
Budget
Supply LED light fixtures
LRL
$680,000
$692,000
Installation of LED
Streetlight Fixtures
Essex
Energy
$252,000
$257,000
Contingency/System
Upgrades
Various
$93,000
$95,000
Save on Energy Grant
IESO
(160,000)
(160,000)
(150,000)
$8
865,000
$8
884,000
$1
1,150,000
Tottal
Va
ariance
$266,000**
*The variance exists as a result of deferring decorative fixture replacement.
The SaveOnEnergy program stipulates that the existing HPS streetlights must be disposed
of at a landfill in order to receive the grant.
Recommendation:
That the Mayor and Clerk be authorized to enter into an agreement with LRL Roadway
Lighting, Halifax, Nova Scotia, to supply and deliver approximately 1800 street lights to the
Municipality of Leamington in the amount of $680,000 plus HST and charged to account
10-7-0620-8080-300001-600022;
And that Mayor and Clerk be authorized to enter into an agreement with the Essex Energy
Corporation to manage and install the LED streetlights in the Municipality of Leamington in
the amount of $2,000 plus HST and charged to account 10-7-0620-8080-300001-
600022;
And that $93,000 plus HST be approved to manage contingency costs and required
system upgrades to be charged to account 10-7-0620-8080-300001-600022. (IS-13-15)
Respectfully submitted,
Robert Sharon, CMO
Director of Infrastructure Services
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