The Prince Edward County Record

Regular Council

September 13, 2022

Who was there

Present (6): Ferguson, Hirsch, Maynard, Nieman, Prinzen, St-Jean

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (31 motions)

28 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

THAT the Agenda for the Council meeting of September 13, 2022 be confirmed.
Moved by Councillor McMahon, seconded by Councillor St-Jean
Carried
THAT Council now move into closed session to consider: 1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality of local board. Pursuant to Section 239 (e) of the Municipal Act.
Moved by Councillor Margetson, seconded by Councillor Prinzen
Carried
1. THAT closed report DS-150-2022 of the Development Services department regarding Zoning By-law Amendment File No. Z5-19, and Site Plan Control application SP-01-19 be received; 2. THAT Council report in open the Zoning Amendment File No. Z25-19 (Cosmopolitan Home) for lands located in 49 and 51 Folkard Lane approval through Minutes of Settlement to be finalized by the Tribunal.
Moved by Councillor Nieman, seconded by Councillor Roberts
Carried
THAT the presentation by Catherine Sprague, Chair regarding the Traffic Advisory Committee Annual Report be received.
Moved by Councillor Harper, seconded by Councillor Prinzen
Carried
THAT the presentation by Rick Gwozdowski regarding the Prince Edward County Community Safety and Well-being Plan be received; and THAT the Council of the Corporation of the County of Prince Edward endorse the 2022-2025 Community Safety and Well-being Plan.
Moved by Councillor Maynard, seconded by Councillor Nieman
Carried
THAT the deputation by Gauri Sreenivasan, & Samantha Cava, Nature Canada regarding an Opportunity for National Marine Conservation Area in Prince Edward County be received.
Moved by Councillor Hirsch, seconded by Councillor St-Jean
Carried
THAT the deputation by Richard Elliott regarding Wellington Heritage Conservation District Plan be received.
Moved by Councillor McMahon, seconded by Councillor Prinzen
Carried
THAT the deputation by Anthony Lemke regarding Wellington Heritage Conservation District Plan be received.
Moved by Councillor Margetson, seconded by Councillor Nieman
Carried
Council Minutes September 13 and September 20, 2022 Adopted as circulated to Council on November 8, 2022 THAT the deputation by Mark Thompson Brandt regarding Wellington Heritage Conservation District Plan be received.
Moved by Councillor McMahon, seconded by Councillor St-Jean
Carried
THAT the deputation by Mike Amos regarding Proposed Changes to Short-Term Accommodation Program and Related By-Laws be received.
Moved by Councillor Prinzen, seconded by Councillor Nieman
Carried
THAT the comments from the audience be received for information.
Moved by Councillor Prinzen, seconded by Councillor Nieman
Carried
1. THAT Council receive report DS-146-2022; 2. THAT Council adopt the Wellington Heritage Conservation District Plan (Bray Heritage, August 2022); 3. THAT Council pass a by-law designating the Wellington Heritage Conservation District under Part V, Section 41 of the Ontario Heritage Act; and 4. THAT Council direct staff to cause notice of the passage of the by-law, as directed in Section 41.1 (3) of the Ontario Heritage Act.
Moved by Councillor Harper, seconded by Councillor St-Jean
Carried
THAT the revised By-Law to amend By-Law 108-2021, being a By-Law to Licence, Regulate and Govern the Operation Of Short Term Accommodation Dwelling Rentals In The Corporation Of The County Of Prince Edward as listed on this agenda be amended as follows, and re-numbered accordingly: THAT section 1, definitions be amended to revise the definition of "dwelling, principal residence" to read as follows: "Dwelling, Principal Residence" means a dwelling that is owned or rented alone or jointly with another person, where the person(s) is ordinarily a resident for minimum six months of each year, plus a day (183 days) and has designated the dwelling as their principal place of residency on their income tax filing and in other government records. This may include a long-term tenant residing for a minimum of six (6) consecutive months, (183 days). THAT section 3 be amended to add an attestation of residency, and to remove the need for a "current mortgage or lease document" and "municipal tax notice" to read as follows: For all Licences issued after September 13, 2022, an attestation of residency plus copies of any two (2) supporting documents demonstrating principal residency at the Licenced property, including: • Most recent personal income tax assessment (applicants applying for Primary residence STA licence for their entire home, shall include this document as 1 of the 2 supporting documents); • Vehicle registration; • Driver’s Licence or Ontario Card; • Recent bank statement; Counci
Moved by Councillor MacNaughton, seconded by Councillor Bolik
Carried
THAT Motion CW-204-2022 from the Special Committee of the Whole meeting on August 8, 2022 be reconsidered.
Moved by Councillor MacNaughton, seconded by Councillor Hirsch
Lost
THAT By-Law 14.1.7 regarding the Vehicle Access, And Limit Public Time Of Day Access And Passage, On Certain Roads Leading To The Western Beaches be amended as follows: • remove the word motorized from the entirety of the By-Law; •section 2 to be deleted in its entirety and amended to read as follows: Paragraph 1 above does not prevent persons from passage on accessing the Road by foot, or mobility aid, from 7 am to 9 pm daily, or use by an emergency response vehicle as defined in the Highway Traffic Act at any time.
Moved by Councillor Margetson, seconded by Councillor Hirsch
Carried
THAT Section 5.15 of the Procedure By-law be waived to allow the meeting to continue beyond the three hour time limit.
Moved by Councillor Prinzen, seconded by Councillor McMahon
Carried
1. THAT Council receive report FIN-12-2022; 2. THAT Council approve the cancellation, reduction, or refund of taxes pursuant to applications made under Sections 357 and 358 of the Municipal Act, 2001 totaling Council Minutes September 13 and September 20, 2022 Adopted as circulated to Council on November 8, 2022 $11,606.84; of which $9,956.88 is the County's portion and $1,649.96 will be charged to the appropriate school boards, as listed in Attachment 1.
Moved by Councillor McMahon, seconded by Councillor St-Jean
Carried
1. THAT Council receive report CLS-30-2022; 2. THAT Council approve an exemption to By-Law 75-2021, Being A By-Law to Regulate and Control Parking Lots On Municipal Property Under The Jurisdiction Of The Municipality, And On Private Property (Schedule A), as listed on this report to November 30, 2022; and, 3. THAT Council approve a waiver of the fees outlined in By-Law 203-2021, being the Fees and Charges By-Law, schedule J for Picton Main Street to November 30, 2022. Councillor Bolik requested a recorded vote on Motion 2022-419. Name In Favour Opposed BOLIK, Andreas x FORRESTER, Jamie x HARPER, Mike x HIRSCH, John x MACNAUGHTON, Kate x MARGETSON, Ernie x MAYNARD, Janice x MCMAHON, Bill x NIEMAN, Brad x PRINZEN, Phil x ROBERTS, Bill Council Minutes September 13 and September 20, 2022 Adopted as circulated to Council on November 8, 2022 ST-JEAN, Phil x BAILEY, Stewart x FERGUSON, Mayor Steve x Total 4 9
Moved by Councillor St-Jean, seconded by Councillor McMahon
Lost
THAT the resolution for Council support for a National Marine Conservation Area in Prince Edward County be deferred to the new Council. Councillor Hirsch requested a recorded vote on Motion 2022-420. Name In Favour Opposed HIRSCH, John x MACNAUGHTON, Kate x MARGETSON, Ernie x MAYNARD, Janice (abstained) MCMAHON, Bill x NIEMAN, Brad x PRINZEN, Phil x ROBERTS, Bill ST-JEAN, Phil x BAILEY, Stewart x BOLIK, Andreas x FORRESTER, Jamie x Council Minutes September 13 and September 20, 2022 Adopted as circulated to Council on November 8, 2022 HARPER, Mike x FERGUSON, Mayor Steve x Total 9 4
Moved by Councillor Nieman, seconded by Councillor Forrester
Carried
WHEREAS the Great Lakes region supports thousands of native species, globally rare plants, animals, and natural communities, holds 84% of North America’s freshwater supply, is home to over 200 species at risk, is the source of drinking water for millions of people; and is traditional and treaty territory of many Indigenous communities; WHEREAS the Lake Ontario marine ecoregion is rich in economic, cultural, and ecological values; WHEREAS thriving biodiversity in Lake Ontario is critical to Prince Edward County’s economic well-being, recreation and tourism needs, and the health of fish, animal and plant species; WHEREAS the Government of Canada has a set a goal of protecting 25% of land and water by 2025, and freshwater in the Great Lakes is currently under protected; WHEREAS Parks Canada aims to establish a National Marine Conservation Area in each of the Great Lakes; WHEREAS National Marine Conservation Areas can support Indigenous participation and leadership in conservation of the waters of the Great Lakes; And WHEREAS establishing a National Marine Conservation Area in Lake Ontario would bring federal investment to ensure that freshwater habitats are protected and restored. THEREFORE, BE IT RESOLVED: THAT Council calls on the Federal and Provincial governments to collaborate to explore formal protection of the waters of our region through the creation of a national marine conservation area (NMCA) for Lake Ontario, and, THAT the Mayor, on behalf of Council send a letter to
Moved by Councillor Hirsch, seconded by Councillor MacNaughton
Deferred
WHEREAS the municipality is committed to fostering an inclusive community where people of all abilities can participate in every aspect of public life, and that all members of our community have the right to access municipal services, supports, spaces and programs in ways that promote independence and dignity in accordance with O. Reg. 429/07: Accessibility Standards for Customer Service; AND WHEREAS service animals help people with disabilities or conditions such as Visual impairments, Diabetes, Epilepsy, Autism, and physical disabilities live independently with dignity; AND WHEREAS support animals can provide critical, life-saving connection and intervention for people with severe mental illness; THEREFORE BE IT RESOLVED THAT By-Law 2958-2011, Being A By-Law to Provide for The Licensing, Regulation And Registration Of Dogs Within The Corporation Of The County of Prince Edward, section 2 be amended to include the following definitions: "guide dog" means a guide dog as defined in section 1 of the Blind Persons’ Rights Act which is a dog trained to help provide mobility, safety and increased independence for people with sight loss; “Service Animal” means, as defined in the Accessibility for Ontarians with Disability Act, 2005, and animal for a person with a disability if: i) it has been trained to provide assistance to a person with a disability that relates to a person’s disability; and ii) it is readily identifiable that the animal is used by the person for reasons relating
Moved by Councillor MacNaughton, seconded by Councillor Margetson
Carried
THAT items 14.1, 14.2, 14.5, 14.6, 14.9, 14.10, and 14.11 be approved by consent. 14.1 Council Minutes from the meeting held on August 16, 2022 THAT the Council Minutes from the meeting held August 16, 2022 be adopted as presented. 14.2 Public Report of the Closed Session from the Council meeting held August 16, 2022 THAT the Public Report of the Closed Session from the Council meeting held August 16, 2022 be adopted as presented. 14.5 Report of the Prince Edward County Affordable Housing Corporation from the meeting held August 15, 2022 Council Minutes September 13 and September 20, 2022 Adopted as circulated to Council on November 8, 2022 THAT the report of the Prince Edward County Affordable Housing Corporation from the meeting held August 15, 2022 be adopted as presented. 14.6 Report of the Accessibility Advisory Committee from the Special Meeting held August 9, 2022 THAT the report of the Accessibility Advisory Committee meeting held August 9, 2022 be received. THAT municipal staff be directed to work to designate accessible parking spaces at the beach access points in Hillier. 14.9 Resignation of Christine Dimitris from the Hillier Recreation Committee THAT the Resignation of Christine Dimitris from the Hillier Recreation Committee be received with regret; and, THAT a letter of appreciation be sent to Christine Dimitris. 14.10 Resignation of Paul Spike Lees and the appointment of Jennifer Armstrong to the Wellington Recreation Committee THAT the Resignation of Paul Spik
Moved by Councillor Prinzen, seconded by Councillor Margetson
Carried
THAT the report of the Committee of the Whole from the meeting held August 18, 2022 be adopted as presented.
Moved by Councillor Margetson, seconded by Councillor Prinzen
Carried
THAT the site plan control application for File Nos. OPA-01-19 & Z59-19, Blocknote Canada Inc., Pt Lt 30 Con 3 Hillier Pt 1 47R2107 & Pt 1 47R3032 Except Pt 1 47R7047, Ward of Hillier (Redtail East Hotel and Nordic Spa) final approval of site plan control be considered by Council.
Moved by Councillor Nieman, seconded by Councillor Forrester
Carried
THAT the report of the Traffic Advisory Committee meeting held August 17, 2022 be received. THAT Passive measures for Traffic Calming, such as a Speed Display Device, be included in future budget considerations for the location of Black River Cheese along County Road 13. THAT a By-Law be brought forward for enactment to amend the Regulating Traffic on Highways Through the Installation of Traffic Signs By-Law 2262-2008 Schedule 'C' to include the establishment and designation of a Community Safety Zone surrounding Athol-South Marysburgh Public School school zone; THAT Schedule 'A' (40 km/h) to By-Law 4473-2019 be amended to include County Road 10 (from County Road 18 to southernly 280 m, from 50 km/h to 40km/h); THAT Schedule 'C' (60 km/h) to By-Law 4473-2019 be amended to include County Road 10 (from 280 m south for County Road 18 to 500m south of the existing 40 km/h portion); THAT a STOP Sign be installed at the south leg of the intersection of County Road 10 and County Road 18 and designate it as a 3-Way STOP control intersection; Council Minutes September 13 and September 20, 2022 Adopted as circulated to Council on November 8, 2022 THAT a By-Law be brought forward for enactment to amend the Regulating Traffic on Highways Through the Installation of Traffic Signs By-Law 2262-2008 Schedule 'A' by adding; the placement of a stop sign on County Road 10 at County Road 18 in Ward 5, Athol. THAT the Traffic Advisory Committee recommends that staff be directed to perform data co
Moved by Councillor Margetson, seconded by Councillor Harper
Carried
THAT Council defer the recommendation of the Police Services Board to allocate $250,000 for the implementation of surveillance cameras from inclusion in the 2023 Budget to the new Council.
Moved by Councillor Maynard, seconded by Councillor Forrester
Carried
THAT the following By-laws be read a first, second and third time and finally passed: The following By-laws are recommended for adoption: 14.1.1 By-law to amend County Comprehensive Zoning By-law No. 1816-2006, as amended (Z27-22) 14.1.6 A By-Law to Designate Part of The Community of Wellington as A Heritage Conservation District in The County of Prince Edward 14.1.7 A By-Law to Restrict Motorized Vehicle Access, And Limit Public Time of Day Access and Passage, On Certain Roads Leading to The Western Beaches 14.1.8 A Municipal Capital Facilities Bylaw for Municipal Housing Project Facilities Council Minutes September 13 and September 20, 2022 Adopted as circulated to Council on November 8, 2022 14.1.11 A By-law to amend 4501-2019 being a By-law to appoint Ward Recreation Committees Membership
Moved by Councillor St-Jean, seconded by Councillor Nieman
Carried
THAT the following By-laws be read a first, second and third time and finally passed: The following By-laws are recommended for adoption: 14.1.2 By-law to adopt an amendment to the Official Plan (Redtail East Hotel and Nordic Spa) 14.1.3 By-law to amend County Comprehensive Zoning By-law No. 1816-2006, as amended (Redtail East Hotel and Nordic Spa)
Moved by Councillor Prinzen, seconded by Councillor Nieman
Carried
THAT the following By-laws be read a first, second and third time and finally passed: 14.1.4 By-law to adopt an amendment to the Official Plan (Short Term Accommodations) 14.1.5 By-law to amend County Comprehensive Zoning By-law No. 1816-2006, as amended (Short Term Accommodations) 14.1.9 A By-Law To Amend By-Law 108-2021 Being A By-Law To Licence, Regulate And Govern The Operation Of Short-Term Accommodation Dwelling Rentals In The Corporation Of The County Of Prince Edward 14.1.10 A By-Law To Amend By-Law 4519-2019 Being A By-Law To Establish A System Of Administrative Penalties For Non-Compliance With By-Laws Of The County Of Prince Edward (Short Term Accommodation Update)
Moved by Councillor Margetson, seconded by Councillor Prinzen
Carried
THAT the following By-law be read a first, second and third time and finally passed: A By-law to Confirm the Proceedings of the Council of the Corporation of the County of Prince Edward at the meeting held on September 13 and 20, 2022.
Moved by Councillor Harper, seconded by Councillor Prinzen
Carried
THAT this meeting now adjourn at 11:34 p.m.
Moved by Councillor Nieman, seconded by Councillor Prinzen
Carried

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