COUNCIL AGENDA Tuesday, August 23 rd, 2016 Lanark Highlands Municipal Office Council Chambers 75 George Street, Lanark, Ontario

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1 COUNCIL AGENDA Tuesday, August 23 rd, 2016 Lanark Highlands Municipal Office Council Chambers 75 George Street, Lanark, Ontario Committee of the Whole 6:00 p.m., immediately followed by Council Page Chair, Mayor Brian Stewart 1. CALL TO ORDER 2. PLAYING OF O CANADA 3. DISCLOSURE OF PECUNIARY INTEREST 4. APPROVAL OF AGENDA Suggested Motion by Councillor Rodger: THAT the agenda be adopted as presented. 5. APPROVAL OF COUNCIL MINUTES Suggested Motion by Councillor King: THAT the regular Council minutes of August 9 th, 2016, be approved as presented. Suggested Motion by Councillor Kelso: THAT the minutes for the Public Meeting under the Planning Act dated June 28 th, 2016, be accepted as presented. 6. DELEGATIONS & PRESENTATIONS 7. COMMUNICATIONS 8. REPORTS i) Committee of the Whole: August 9 th, 2016 Chair, Deputy Mayor Hall Page 1 of 18

2 Suggested Motion by Deputy Mayor Hall: THAT the thirteenth (13 th ) Report of the Committee of the Whole for 2016 be adopted as presented. 9. MOTIONS 10. BY-LAWS i) By-Law No : Off Road Vehicle By-law Suggested Motion by Councillor Hansen: THAT By-Law No , being a by-law to regulate the operation of Off-Road Vehicles within the Township of Lanark Highlands, be read a first and second time. Suggested Motion by Councillor Hansen: THAT By-Law No , being a by-law to regulate the operation of Off-Road Vehicles within the Township of Lanark Highlands, be read a third time, passed and signed by the Mayor and Clerk in open Council this 23 rd, day of August NEW/OTHER BUSINESS i) County of Lanark Updates (verbal) Mayor Stewart and Deputy Mayor Hall A copy of the County s Agendas and Minutes can be found on the County website at the following link: Suggested Motion by Councillor Roberts: THAT the County of Lanark Update(s) (verbal) be received for information. 12. NOTICE OF MEETINGS Committee of the Whole 6:00 p.m. Tuesday, September 13, 2016 Council Meeting (immediately after COW) Tuesday, September 13, 2016 Committee of the Whole 6:00 p.m. Tuesday, September 27, 2016 Council Meeting (immediately after COW) Tuesday, September 27, QUESTIONS/COMMENTS FROM THE PUBLIC 14. IN CAMERA 15. CONFIRM COUNCIL PROCEEDINGS By-Law No : Confirmation By-Law Page 2 of 18

3 Suggested Motion by Rodger: THAT By-Law No , being a by-law to confirm the proceedings of the Council meeting held on August 23 rd, 2016, be read a first and second time. Suggested Motion by Rodger: THAT By-Law No , being a by-law to confirm the proceedings of the Council meeting held on August 23 rd, 2016, be read a third time, passed and signed by the Mayor and Clerk. 16. ADJOURNMENT Page 3 of 18

4 COUNCIL MINUTES Tuesday, August 9 th, 2016 Lanark Highlands Municipal Office - 75 George Street, Lanark, Ontario Council Chambers 1. CALL TO ORDER The meeting was called to order at 6:50 p.m. Members Present: Staff Present: Mayor Brian Stewart Deputy Mayor John Hall Councillor Linda Hansen Councillor Steve Roberts Councillor Peter Rodger Councillor Bill King Councillor Jeannie Kelso Denis Goulet, CAO/Clerk Stacey Blair, Deputy Clerk/Planning Administrator Robert Bunker, Treasurer 2. PLAYING OF O CANADA 3. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF 4. APPROVAL OF AGENDA RESOLUTION #C Moved by Councillor King Seconded by Councillor Kelso THAT the agenda be adopted as presented. ADOPTED 5. APPROVAL OF COUNCIL MINUTES RESOLUTION #C Page 4 of 18

5 TOWNSHIP OF LANARK HIGHLANDS COUNCIL MINUTES August 9 th, 2016 Moved by Deputy Mayor Hall Seconded by Councillor Hansen THAT the regular Council minutes of June 28 th, and the special Council minutes of July 8 th, 20 th and 21 st, 2016, be approved as presented. ADOPTED 6. DELEGATIONS & PRESENTATIONS 7. COMMUNICATIONS 8. REPORTS i) Committee of the Whole: June 28 th, 2016 Chair, Deputy Mayor Hall RESOLUTION #C Moved by Deputy Mayor Hall Seconded by Councillor Hansen THAT the twelfth (12 th ) Report of the Committee of the Whole for 2016 be adopted as presented. ADOPTED 10. MOTIONS 11. BY-LAWS i) By-Law No : Zoning By-Law Amendment (Breckenridge) RESOLUTION #C Moved by Councillor Hansen Seconded by Councillor Roberts THAT By-Law No , being a by-law to amend By-law No , the Zoning By-law for the Township of Lanark Highlands, with respect to part of the lands legally described as Concession 2, Part Lot 6, Geographic Township of Lanark, from the Rural (RU) Zone to Rural Industrial (MR) to allow for a variety of Rural Industrial land uses including a Class II Industrial Use, be read a first and second time. ADOPTED RESOLUTION #C Moved by Councillor Hansen Seconded by Councillor Roberts Page 2 of 4 Page 5 of 18

6 TOWNSHIP OF LANARK HIGHLANDS COUNCIL MINUTES August 9 th, 2016 THAT By-Law No , being a by-law to amend By-law No , the Zoning By-law for the Township of Lanark Highlands, with respect to part of the lands legally described as Concession 2, Part Lot 6, Geographic Township of Lanark, from the Rural (RU) Zone to Rural Industrial (MR) to allow for a variety of Rural Industrial land uses including a Class II Industrial Use, be read a third time, passed and signed by the Mayor and Clerk in open Council this 9 th, day of August ADOPTED 12. NEW/OTHER BUSINESS i) County of Lanark Updates (verbal) Mayor Stewart and Deputy Mayor Hall No report. 13. NOTICE OF MEETINGS Committee of the Whole 6:00 p.m. Tuesday, August Council Meeting (immediately after COW) Tuesday, August Committee of the Whole 6:00 p.m. Tuesday, September 13, 2016 Council Meeting (immediately after COW) Tuesday, September 13, QUESTIONS/COMMENTS FROM THE PUBLIC 15. IN CAMERA 16. CONFIRM COUNCIL PROCEEDINGS By-Law No : Confirmation By-Law RESOLUTION #C Moved by Councillor Kelso Seconded by Councillor King THAT By-Law No , being a by-law to confirm the proceedings of the Council meeting held on August 9 th, 2016, be read a first and second time. ADOPTED RESOLUTION #C Moved by Councillor Kelso Seconded by Councillor King Page 3 of 4 Page 6 of 18

7 TOWNSHIP OF LANARK HIGHLANDS COUNCIL MINUTES August 9 th, 2016 THAT By-Law No , being a by-law to confirm the proceedings of the Council meeting held on August 9 th, 2016, be read a third time, passed and signed by the Mayor and Clerk. ADOPTED 17. ADJOURNMENT On a motion by Councillor Roberts and seconded by Councillor Hansen the meeting adjourned at 7:00 p.m. Brian Stewart, Mayor Stacey Blair, Deputy Clerk Page 4 of 4 Page 7 of 18

8 PUBLIC MEETING ZONING BY-LAW AMENDMENT MINUTES Tuesday, June 28 th, :00 p.m. Lanark Highlands Municipal Office - 75 George Street, Lanark, Ontario Council Chambers ATTENDANCE: Members Present: Staff Present: Applicants Present: Mayor Stewart Deputy Mayor Hall Councillor Hansen Councillor Roberts Councillor Rodger Councillor King Councillor Kelso Matt Craig, Interim CAO/Clerk Stacey Blair, Planning Administrator/ Deputy Clerk Mr. Breckenridge 1. CALL TO ORDER The public meeting was called to order at 6:00 p.m. 2. INTRODUCTION The Mayor Brian Stewart provided an overview of the Zoning By-Law application review process to be followed, including: the purpose of the meeting, the process of the meeting all persons attending were encouraged to make comments in order to preserve their right to comment should the application(s) be referred to the Ontario Municipal Board (OMB) the flow and timing of documentation and the process that follows this meeting 1 of 2 Page 8 of 18

9 any person wanting a copy of the decision regarding the applications on the agenda was advised to leave their name and mailing address on the sheet provided at the meeting The Acting Chairman, Brian Stewart asked if anyone had any questions regarding the meeting and the process to be followed. Given that there were no questions, the meeting proceeded. 3. APPLICATIONS i) FILE #: ZA03/16 Breckenridge a) FILE REVIEW & PROPOSED BY-LAW Planning Administrator, S. Blair provided an overview of the application. b) APPLICANT COMMENTS The applicant did not add any further comments. c) ORAL & WRITTEN SUBMISSIONS Helen Recette asked about the following: - the hours of operation of the proposed business, - if fuel would be stored on-site, how fuel would be maintained and how much fuel would be stored. - the difference between Class 2 and Class 3 industrial per zoning by-law , The Planning Administrator and Mr. Breckenridge were able to provide answers to her questions. Hours of operation would be generally 8:30 a.m. 5:00 p.m., the amount of fuel would be comparable to that of a farm. It was pointed out that there are provincial regulatory measures that have to be followed to store fuel on-site. Ms. Recette stated that she was satisfied with the answers provided at the meeting. The by-law will be presented at the August 9th Council meeting. 4. ADJOURNMENT On a motion by Councillor Roberts and seconded by Councillor Hansen the public meeting adjourned at 7:25 pm. 2 of 2 Page 9 of 18

10 THIRTEENTH REPORT OF THE COMMITTEE OF THE WHOLE From the Meeting of August 9 th, 2016 To the Members of Lanark Highlands Township Council, We, the Members of your Committee of the Whole, beg leave to report Section A as information and Section B as follows: A 1 COMUNICATIONS i) Taxation, Impact on Campgrounds City of Quinte West ii) Be Well Community Health & Wellbeing Survey is Launched North Lanark Community Health Centre Motion #COW THAT the communications dated August 9 th, 2016, be accepted as information. B 1 Motion #COW THAT the Council of Lanark Highlands supports the City of Quinte West s resolution for the Canada Revenue Agency to recognize campgrounds as small businesses. REPORTS Building, Planning & Protective Services A 2 Monthly Building Permit Report Motion #COW THAT the monthly building report for June 2016 be accepted as information. A 3 Report #PD Consent Application B16/048 Severance (Trent) Rosetta Road, Lanark B 3 Motion #COW THAT Council recommends to the Land Division Committee of Lanark County that application B16/048 for consent be approved subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township. Page 10 of 18

11 THIRTEENTH REPORT OF THE COMMITTEE OF THE WHOLE Presented August 23, That the applicant pays any outstanding fees to the Township prior to final approval. 4. That the applicant provide to the Township the 5% cash in lieu of parkland dedication fee. 5. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review, accompanied by a solicitor s certificate indicating that the municipality s title is free and clear of all encumbrances and that the municipality has a good and marketable title. The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required. 6. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard. 7. The applicant shall obtain an entrance location permit from the Township. A 4 Report #PD Consent Application B16/074 Severance (Hollington) Pine Grove, Lanark Motion #COW THAT Council recommends to the Land Division Committee of Lanark County that application B for consent be approved, each subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township. 3. That the applicant pays any outstanding fees to the Township prior to final approval. 4. That the applicant provide to the Township the 5% cash in lieu of parkland dedication fee. 5. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard. 6. The applicant shall obtain an entrance location permit from the County of Lanark. A 5 Report #PD Consent Application B16/075 Severance (Breckenridge) Hwy. 511, Lanark 2 of 4 Page 11 of 18

12 THIRTEENTH REPORT OF THE COMMITTEE OF THE WHOLE Presented August 23, 2016 B 5 Motion #COW THAT Council recommends to the Land Division Committee of Lanark County that application B for consent be approved, each subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township. 3. That the applicant pays any outstanding fees to the Township prior to final approval. 4. That the applicant provide to the Township the 5% cash in lieu of parkland dedication fee. 5. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard. 6. The applicant shall obtain a commercial entrance permit from the County of Lanark. 7. That the applicants enter into a site plan agreement with the Township for proposed non-residential use of the property, which shall be registered on title. A 6 Report #C ATV By-law B 6 Motion #COW THAT by-law be rescinded and replaced to include all off-road vehicles (ORVs) as defined by the Highway Traffic Act R.S.O. 1990, as amended. STAFF ACTION Deputy Clerk to circulate copy of draft ORV by-law to OPP for comment. A 7 Report #FD Monthly Fire Department Report Motion #COW THAT Report #FS , Fire Department Monthly Summary for June and July, 2016, is received by the Committee of the Whole as information. All of which is respectfully submitted, Deputy Mayor John Hall, Committee of the Whole Chair. 3 of 4 Page 12 of 18

13 THIRTEENTH REPORT OF THE COMMITTEE OF THE WHOLE Presented August 23, 2016 Direction by the Mayor: Council may remove items in Section B to be voted on separately prior to introducing a motion to accept the report in its entirety. Moved and Seconded by: Moved By Seconded By Adopted this 23 rd, day of August, 2016 Brian Stewart, Mayor Stacey Blair, Deputy Clerk 4 of 4 Page 13 of 18

14 THE CORPORATION OF THE TOWNSHIP OF LANARK HIGHLANDS By-Law No Repeals By-Law No A BY-LAW TO REGULATE TO OPERATION OF OFF-ROAD VEHICLES WITHIN THE TOWNSHIP OF LANARK HIGHLANDS BEING a by-law to regulate the operation of off-road vehicles on all highways under the jurisdiction of the Township of Lanark Highlands; WHEREAS Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, Ch. 8, as amended, provides that a municipality may pass by-laws: i) Permitting the operation of off-road vehicles on any highway within the municipality that is under the jurisdiction of the municipality or on any part or parts of such highway. ii) Prescribing a lower rate of speed for all Off-Road Vehicles by regulating on any highway within the municipality that is under its jurisdiction, or on any part or parts of such highway, including prescribing different rates of speed for different highways or parts of highways. NOW THEREFORE, the Council of the Corporation of the Township of Lanark Highlands enacts as follows: 1. Jurisdiction 1.1 This by-law regulates the use of off-road vehicles on all highways under the jurisdiction of the Township of Lanark Highlands, a lower tier municipality, only. 1.2 This by-law does NOT provided authority for: a) Provincial highways b) County of Lanark, upper tier municipality, highways Page 14 of 18

15 2. Definitions In this By-law: c) Private roads d) Any highways situated outside the Township of Lanark Highlands. 2.1 Off-Road Vehicle shall mean an off-road vehicle within the meaning of the Off-Road Vehicles Act, O. Reg , S.1., as amended 2.1 Highway shall have the same meaning as defined in the Highway Traffic Act. 3. Regulation of Off-Road Vehicles on Highways 3.1 An off-road vehicle shall not be operated on a highway unless it meets the equipment requirements of Section 7 to 15 of O.Reg 316/03 Operation of Off-Road Vehicles on Highways as amended by O. Reg. 135/ An off-road vehicle shall not be driven at a rate of speed greater than: a) 20 kilometres per hour, if the speed limit established under the Highway Traffic Act or municipal by-law for that part of the Highway is not greater than 50 kilometres per hour; b) 50 kilometres per hour, if the speed limit established under the Highway Traffic Act or municipal by-law for that part of the Highway is greater than 50 kilometres per hour; 3.3 In addition, any all-terrain vehicle operating on a highway shall comply with the following provisions: a) An Off-Road vehicle shall have visible reflective strips maintained on all four sides of the vehicles; b) An Off-Road vehicle shall NOT have chains or studs on its tires. 3.4 Off-Road Vehicles shall be driven on the shoulder of the highway in the same direction as the traffic, using the same side of the highway. Page 15 of 18

16 3.5 Despite subsection 3.5, the Off-Road Vehicle may be driven on the roadway in the same direction as the traffic using the same side of the highway if: (a) there is no shoulder; or (b) the shoulder of the highway is obstructed and cannot be used by the Off- Road Vehicle. 4. Penalties 4.1 Any person who contravenes the Highway Traffic Act or its Regulations or this by-law, is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. 5. Ultra Vires 5.1 Should any sections of this by-law, be declared by a court of competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding. 6. Where any by-law, passed prior to this by-law, conflicts with the terms of this by-law, this by-law shall prevail. 7. EFFECTIVE DATE ENACTED AND PASSED this 23 rd, day of August, Brian Stewart, Mayor Denis Goulet, CAO/Clerk Page 16 of 18

17 THE CORPORATION OF THE TOWNSHIP OF LANARK HIGHLANDS BY-LAW NO A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF LANARK HIGHLANDS MEETING HELD ON August 23rd, 2016 WHEREAS, Section 5 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that the powers of a municipality shall be exercised by its council; AND WHEREAS, Section 9 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; AND WHEREAS, Section 5(3), provides that a municipal power, including a municipality s capacity, rights, powers and privileges under Section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS, it is deemed expedient that the proceedings of the Council of the Corporation of the Township of Lanark Highlands at its meeting be confirmed and adopted by By-Law; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Township of Lanark Highlands enacts as follows: 1. GENERAL REGULATIONS 1.1 THAT the actions of the Council of the Corporation of the Township of Lanark Highlands at its meeting held on the 23 rd, day of August, 2016 in respect of each recommendation contained in the reports of the Committees and each motion and resolution passed and other action taken by the Council of the Corporation of the Township of Lanark Highlands at its meetings is hereby adopted and confirmed as if all such proceedings were expressly embodied in this By-Law. 1.2 THAT the Mayor and Proper Signing Official of the Corporation of the Township of Lanark Highlands are hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Corporation of the Township of Lanark Highlands referred to in the preceding section hereof. Page 17 of 18

18 THE CORPORATION OF THE TOWNSHIP OF LANARK HIGHLANDS BY-LAW NO THAT the Mayor and/or Deputy Mayor and Clerk and/or Deputy Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the Seal of the Corporation of the Township of Lanark Highlands. 2. ULTRA VIRES Should any sections of this by-law, be declared by a court competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding. 3. EFFECTIVE DATE ENACTED AND PASSED this 23 rd, day of August, Brian Stewart, Mayor Denis Goulet, CAO/Clerk Page 18 of 18