Council and Public Meeting Agenda for August 8, 2016

For inquiries regarding this agenda, or to make arrangements for accessible accommodations for anyone attending a Council meeting, please contact Brenda M. Percy, Clerk at 519-326-5761 extension 1104, or by email at [email protected].

Monday, August 8, 2016

6:00 PM Council Chambers

111 Erie Street North, Leamington

Council Agenda (A) Call to Order

(B) National Anthem

(C) Disclosures of Pecuniary Interest and General Nature Thereof

(D) Approval of Council Minutes

1. Minutes of the Strategic Plan Review Meeting held April 14, 2016 Pages 4 to 10

2. Minutes of the Council Meeting held July 18, 2016 Pages 11 to 20

3. Minutes of the Special Council Meeting held July 25, 2016 Pages 21 to 25

(E) Business Arising Out of the Minutes

(F) Public Meetings/Court of Revision

1. Public Meeting for Zoning By-law Amendment #132, 302 Sherk Street

Notice of Public Meeting dated July 20, 2016 Pages 26 to 27

Report PLA-28-16 dated July 7, 2016 regarding Temporary Use By-law ZBA #132, Roman Catholic Diocese of London, 302 Sherk Street (230-11500) Pages 28 to 30

Comments from Essex Region Conservation Authority dated July 28, 2016 Pages 31 to 32

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Municipality of Leamington, Council Agenda, August 8, 2016

Suggested Recommendation

1. Temporary Use By-law Amendment Application ZBA #132 to allow atemporary office trailer at 302 Sherk Street for a period of 12 months isdeemed complete pursuant to the requirements of the Planning Act; and

2. If no concerns are raised at the public meeting, that amending By-law 39-16 be considered at the Monday, August 8th, 2016 Council meeting.(PLA-28-16)

(G) Reports of Staff and Delegations

1. Report PLA-14-16 dated August 2, 2016 regarding Amending Agreement,Request to Reduce Securities Phase 1 Southwinds Plan of Subdivision(1690025 Ontario Ltd.) File 37-T-06016Pages 33 to 37

(H) Matters for Approval

1. Minutes of the Leamington Municipal Heritage Advisory Committee held April 20,2016 Pages 38 to 39

(I) Other Matters for Consideration

1. Minutes of the Police Services Board Committee held January 27, 2016 and May25, 2016Pages 40 to 46

(J) Report on Closed Session

None

(K) Consideration of By-laws

By-law 39-16 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 132, 302 Sherk Street (PLA-28-16)

By-law 48-16 being a by-law to stop up and close part of Princess Street, Registered Plan 170 lying between Mill Street East and Setterington Street (IS-06-16)

By-law 49-16 being a by-law to confirm the proceedings of the Council of The Municipality of Leamington at its meeting held August 8, 2016

Page 2 of 46

Municipality of Leamington, Council Agenda, August 8, 2016

(L) Notices of Motion

None

(M) Open Session

(N) Statement of Members (non-debatable)

(O) Adjournment

Page 3 of 46

The Corporation of the Municipality of Leamington

Minutes of Special Council Meeting

Strategic Plan Review

Held Thursday, April 14, 2016 at 12:00 NOON Leamington Council Chambers

Members Present: Mayor John Paterson Deputy Mayor Hilda MacDonald

Councillors: Bill Dunn, John Hammond John Jacobs, Tim Wilkinson, Larry Verbeke

Staff Present: Peter Neufeld, Chief Administrative Officer Ruth Orton, Director of Legal and Legislative Services Brenda Percy, Clerk/Manager of Legislative Services

Robert Sharon, Director of Infrastructure Services Tracey Pillon-Abbs, Director of Community & Dev. Services

Ramona Nordemann, Director of Finance and Business Services Jeanine Lassaline-Berglund, Economic Development Officer Kelly Stefkidis, Communications Officer/EA to Mayor and CAO

The Mayor called the meeting to order at 12:00 p.m.

Disclosures of Pecuniary Interest: None noted.

Reports of Staff and Delegations:

1. Strategic Plan Review Peter Neufeld, Chief Administrative Officer (CAO) addressed Council providing opening remarks and establishing the objectives of the meeting. He noted that Council would be asked to review the 2015 Strategic Planning Vision; confirm the Vision under each heading; and provide amendments where necessary. Peter Neufeld reviewed what strategic planning is and is not. He noted that strategic planning is the setting of values which determine the direction, projects and priorities. Strategic planning is not creating a list of projects with boxes which are checked off once completed. Council sets the values for Administration to apply when reports are brought before Council. Peter Neufeld noted that last year, Council took a very important step to set out the strategy taking into consideration the next 20 years. Strategic planning is usually done for shorter spans as Council will typically set out the direction during a four year Council term however, in the best interest of the Municipality, it is best to set out 20 years. This year is the completion of the first year of the 20 year plan. He noted that some areas require additional information.

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, April 14, 2016, Special Council Meeting Minutes

The CAO reviewed the focus for the past year and provided a status update for each:

Interconnectivity between Economy, Community, and Infrastructure Uptown Core Economic Development Infrastructure – Large Projects Long-term Financial Stability Positioning Municipality for Future Generations – Image/Staffing/Planning/Healthy

Community Councillor Wilkinson joined the meeting at 12:12 pm. The CAO asked if Council wished to make any changes to the list of focuses. No changes were requested. Under Infrastructure section of the Vision, the CAO reviewed the infrastructure plan, modern services and amenities which include: Refurbish Leamington Kinsmen Recreation Complex Address accessibility issues at the HCC Arena Refurbish Leamington Baseball Diamond Facilities Amphitheatre Soccer Fieldhouse Beach Volleyball Courts

Peter Neufeld sought confirmation from Council that Administration was on the right track. There was discussion with regard to the complex and work being done. The CAO advised that much of the work is but some are not budgeted items. If additional funds are required, Administration would seek Council approval first. Peter Neufeld reviewed some infrastructure projects including bike and walking paths (Monarch Trail, Serenity Trail, Road 3 Bike Path and connection between Road 3 bike path and current path to the south). He provided an update on each item. The list is not inclusive but some examples of infrastructure projects. Peter Neufeld reviewed Environmentally Sensitive (Green). He noted that this is another value set by Council. He reviewed how work was applied under this value. Bevel Line/Pelee Drive Sanitary Sewer Collection system East Arterial Road Sewer - Greenhouse effluent

Rob Sharon addressed Council to review the northeast trunk sanitary sewer project. Rob Sharon noted that Council will also note that there will be an integration into the long term strategy for the management of water infrastructure across the municipality. This ties into the smart metering system, water modeling softening system and also staff resources and the approach of the four methods of servicing this area through infrastructure. There is a desire to maximize what infrastructure is in the ground. A long term strategy for water services will be brought before Council this year.

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Peter Neufeld reviewed the final items under infrastructure being: Completion of the Pollution Control Centre project Sewer separation project Erie: Oak – Askew Sewer separation project Chestnut Sewer separation project Erie: Conover - Park

Council made no changes or additions to the above categories. The Chief Administrative Officer reviewed economy which included thriving and growing, connected and sustainable, more diverse, and educational institutions. Under thriving and growing, Peter Neufeld reported on how Administration interpreted and applied Council’s values: Over 3.6 million in funding applied to local organizations and growing (that we

know of) Growth – 14 organizations expanded Funding – 6 accessed government funding to support growth Jobs – over 400 new positions (in 2 years) with another 200 confirmed and

growing Peter Neufeld reviewed the other points which included: Workforce Development Completion of the study with recommendations (to be announced) Completion of the regional study on agribusiness and food processing –

highlighting promising occupations and required job skills Completion of the sector analysis: top 5 and identification of projects in each

sector to facilitate and sustain growth HealthCare innovation to jobs in manufacturing and agribusiness Small Business Center realization to support small business

Council had no additions to the set out values. Peter Neufeld sought confirmation that Administration was interpreting the value correctly, and if it is about jobs and creating an environment for diversification. Peter Neufeld reviewed Connected and Sustainable including: Ultra-High Speed fiber. This is in progress and the desire is to have it in industrial

lands. Relationships formed with like-minded community partners and stakeholders for

projects such as Point Pelee (birds, butterflies), BIA and Chamber, Caldwell (skills development), hospital (healthy community), United Way / Habitat (poverty reduction), Mexican Consulate (cultural diversity) etc.

There is a strong relationship with the hospital and Mexican consulate. Jeanine Lassaline-Berglund noted that the migrant workers are a significant population who contribute to the cultural diversity in the community. The Municipality is working with

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seven agencies that support this area to talk about those who have settled here and looking for more programs to assist migrant workers.

Transit improvements

Diverse: Where is there opportunity to grow economy? Growth through innovation in Healthcare Population and settlement to fill the holes in population demographic – work with

partners and employers – example – Government Assisted Refugee (GAR) event held with Multicultural Council and employers; involvement in Syrian refugee settlement and identifying employers willing to employ.

Educational Institutions:

Discussions and action teams formed for local education partners for Youth engagement, Youth Homelessness, Youth Leadership, Skill Development and local career paths.

Discussions with St Clair College, Lambton College, University of Guelph and Conestoga all underway to address skills gap and training needs; some discussion around investment in community programs for skill development to be offered locally (potential for one function of Business Hothouse)

There was discussion with regard to establishing a college campus in the community. Peter Neufeld noted that pharmaceuticals does not belong on the vision and would be removed. Councillor Verbeke noted that farming should be included in the vision. Peter Neufeld identified the items under Community including Healthy & Thriving City, Balance Work/Live/Play, Destination, Cultural Hub, Empathy, Sensitivity, and Tolerance. The CAO noted that there is much more discussion needed on this category.

No. S-56-16

Moved by: Councillor Jacobs Seconded by: Councillor Hammond

Motion to Recess at 1:40 pm Carried

The Mayor reconvened the meeting at 1:52 pm. Jeanine Lassaline-Berglund asked Council to consider why a connection with community, which it’s called “Quality of Life” is important. She noted the need to improve quality of life for all Canadians; and to develop and maintain a vibrant and local economy. There was discussion and feedback from Council with regard to what community is. of 46


Jeanine Lassaline-Berglund summarized the comments received. Having a connection to the community ensures that we understand what they are looking for which in turn, drives decision making at the Council table. This in turn drives Administration.

It was questioned if the Municipality has a role to play in what is referred to as all community /also known as quality of life.

Jeanine Lassaline-Berglund reviewed objectives of developing and maintaining a vibrant local economy: protect and enhance the natural and built environment; to offer opportunities to obtain personal goals, hopes, and aspirations; to promote fair and equitable sharing of common resources; to enable residents to meet their basic needs, to support a rich social interaction and the inclusion of all residents in community life. Interrelated factors include affordable housing, civic engagement, community and social infrastructure, education, employment, local economic development, natural environment, and preservation of a natural environment, personal and community health, and personal and public safety.

Jeanine Lassaline-Berglund asked if quality of life experience can be used as an attraction activity. Peter Neufeld questioned who within the community does the Municipality wish to engage in order to define what a wealthy and thriving Leamington is? It can’t be based on Council or Administration’s perspective but instead by the people that we serve. A lot of money is put into infrastructure. More information is needed to help define what Council means by healthy and thriving city.

The CAO asked Council to consider this and that it would be discussed again at a later date at which time Administration can also provide some more ideas.

Peter Neufeld asked Council what it means to become a destination. He noted that he was seeking clarification on what Council wanted to see in this category. Council provided feedback including revitalizing the uptown core, making Leamington a destination, money spent on the library, gallery, and performing arts centre, review of existing municipal by-laws, family friendly uptown, and potential of extended business hours. Council noted that destination means different things to different people. Leamington should not limit itself to one thing.

Peter Neufeld noted that it is quality of life and an experience. Administration now has a better idea of how to approach tourism regardless of the type of tourism. What is the Leamington experience? Jeanine Lassaline-Berglund noted that an authentic experience is also for those that live here and not just visitors. Peter Neufeld referred to the cultural hub which includes arts and culture. There was discussion with regard to the Bank Theatre and municipal involvement. Peter Neufeld also spoke to future discussions about refurbishing the library. Councillor Wilkinson noted that he did not want to see the library moved from the downtown core. It is important that it remain in the downtown core. of 46


Peter Neufeld reviewed the Economy, Infrastructure and Community and how they are intertwined. Peter Neufeld referred to transitioning to live, play and work as the Municipality’s values. It should be seen as a continuum. All things connect to each other, that’s the way to look at strategic planning. Councillor Verbeke asked for inclusion of “grow”. Councillor Jacobs asked if there would be a prioritization and how these items are accomplished. The Mayor noted that Council sets those values and now those values are given to Administration to set those in motion. Strategic Plans should not include specific tasks. The CAO asked how we know that the projects brought forward are those projects that the community wants. It is about communication and engaging the public and organizations. It is two way communication. There is a need to engage the public and organizations, but also communicate on a regular basis. Also a need to know what the needs are to drive the different sectors. The CAO reviewed the impact of communication and completed projects such as a new recreation guide and new branding namely, “Live Play & Work”. There was discussion on the tomato festival, WEDSEE and TWEEPI, bus ridership, the high school, Wilkinson Library, promoted culture and reasons visit downtown. Also discussed was improving the downtown, problem landlords, downtown housing, complex issues, working with United Way and faith based partnerships and perhaps not communicating and engaging them. Peter Neufeld provided an update on property review on waterfront project. Peter Neufeld reported on the communications officer position and provided a presentation on the effect and successes of communications happening. 3:52 PM – Councillor Verbeke left the meeting. 3:52 PM - Councillor Dunn left the meeting

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Adjournment:

No. S-57-16

Moved by: Councillor Wilkinson Seconded by: Councillor Hammond

That the meeting adjourn at 3:55 PM.

Carried

John Paterson, Mayor

Brenda M. Percy, Clerk

Minutes approved at Council Meeting held August 8, 2016, Resolution C-XXX-16, Confirmation By-law XX-16

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Minutes of the Council Meeting

Held Monday, July 18, 2016 at 6:00 PM In Leamington Council Chambers

Members Present: Mayor John Paterson Deputy Mayor Hilda MacDonald Councillors: Bill Dunn, John Hammond, John Jacobs, and Larry Verbeke

Members Absent: Councillor Tim Wilkinson

Staff Present: Chief Administrative Officer Peter Neufeld Director of Legal and Legislative Services Ruth Orton Acting Director of Finance & Business Services David DelCiancio Clerk/Manager of Legislative Services Brenda Percy Manager of Accounting Services/Acting Treasurer Ginny Campbell Manager of Public Works Ken Brown Manager of Planning Services, Danielle Truax

Economic Development Officer Jeanine Lassaline-Berglund Records Coordinator Lucy Jackson

The Mayor called the meeting to order at 6:00 PM.

Disclosures of Pecuniary Interest and General Nature Thereof:

None noted.

Approval of Council Minutes:

No. C-229-16

Moved by: Councillor Dunn Seconded by: Councillor Verbeke

That the Minutes of the Council Meeting held July 11, 2016 be approved. Carried

Business Arising Out of the Minutes:

None noted.

Public Meetings:

None.

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, July 18, 2016, Council Meeting Minutes


1. Communities in Bloom, presentation of the 2015 Communities in Bloom Championship Banner

The Mayor noted that Administration was contacted by Charlie Wright asking that the presentation be rescheduled at a future date.

2. Report FIN-04-16 dated June 10, 2016 regarding 2015 Audited Financial Statements

Manager of Accounting Services Ginny Campbell presented the report noting Recommendation #3 was not being brought forward as the Municipality has an existing 5 year contract with the current auditors. The Manager highlighted the capital projects not completed, which has resulted in an increase in the net surplus amount.

The Mayor noted only 59% of the 43 million dollars collected in tax revenue stays with the Municipality, as the other 41% goes to County Council and the Board of Education.

In response to a question from Council, the Manager of Accounting Services stated that the surplus funds are placed in a reserve account to be used towards those future projects. Council commended Administration on a good job controlling expenditures, which has resulted in the Municipality’s positive current financial position.

No. C-230-16

Moved by: Councillor Jacobs Seconded by: Councillor Verbeke

1. The draft 2015 audited consolidated financial statements for the Municipality of

Leamington be approved; and

2. Administration be authorized to publish the 2015 audited consolidated financial statements on the municipal website (www.leamington.ca) (FIN-04-16)

Carried

3. Report CA0-09-16 dated July 11, 2016 regarding Hogs for Hospice Event July 29, 30 & 31, 2016 Economic Development Officer Jeanine Lassaline-Berglund presented the report and noted that the fundraising event is hoping to attract motorcyclists from a 500 KM radius to the community. She noted various recommendations have been consolidated into one report to address multiple permit processes, road closures and noise by-law exemptions being requested due to complexity and magnitude of the 3 day event. Ms. Lassaline-Berglund noted that Hogs for Hospice representatives were in attendance to answer any additional questions. She highlighted efforts made to ensure adequate communication and transparency of the event and responsibility for public safety, which includes development of a website, meetings held with public safety officials and a walking campaign to provide notification to affected residents.

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In response to a question from Council, it was noted Hogs for Hospice is only covering OPP costs for the Saturday night concert, which is expected to draw the highest concentration of people. Council commended the Hogs for Hospice representatives on their thoroughness and extensive efforts in planning this event which has included a trip to Port Dover and conducting training sessions for volunteers. It was Council’s opinion that the work and attention to detail put into planning this event, would undoubtedly ensure a successful weekend. In response to a question of what further community assistance was required, Joe Oswald of Hogs for Hospice noted the importance of all residents and businesses being ambassadors of the community.

In return, Hogs for Hospice members thanked Council for supporting the event and planning efforts. It was noted most local hotels and campgrounds in the area are booked to near capacity for that weekend and that Hospice and the Municipality as a whole should benefit considerably from this event. No. C-231-16

Moved by: Councillor Hammond Seconded by: Councillor Dunn

1. Council authorize the closure of Talbot Street from Albert Street to Victoria Street, Erie Street from John Street to Setterington Street and Mill Street from Fox Street to Princess Street, on July 29, 2016 at 9:00 AM to 11:59 PM.

2. Council authorize the closure of Seacliff Drive from Erie Street to Sherk Street, Forest Avenue from Seacliff Drive to Park Street, Park Street, Conover Avenue, Stewart Avenue and Bayview Place with limited access for residents of the area on July 29, 30 & 31, 2016 from 8:00 AM to 11:59 PM daily.

3. Council authorize the entering into an agreement with the Leamington Business Improvement Area Board of Management (the “BIA”), for the use of Talbot Street from Albert Street to Victoria Street, Erie Street from John Street to Setterington Street and Mill Street from Fox Street to Princess Street in a form satisfactory to the Municipal solicitor.

4. Council authorize the entering into an agreement with Leamington District Memorial Hospital Foundation (the “Hospital Foundation”) for the use of Seacliff Park and Seacliff Drive from Sherk Street to Erie Street and Forest Avenue from Park Street to Seacliff Drive in a form satisfactory to the Municipal solicitor.

5. Council authorize the entering into an agreement with the Canadian Vintage Motorcycle Group for the use of the Marina Promenade, in a form satisfactory to the Municipal solicitor.

6. Council authorize the Mayor and Clerk to execute the agreements identified in paragraphs 3, 4 and 5.

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7. Council grant an exemption from Noise Bylaw 431-03 section 2(1) for the following:

The Friday Night BIA Block Party on July 29, 2016 from 9:00 AM to 11:59 PM;

The Hogs for Hospice Event at Seacliff Park on July 29, 30 & 31, 2016 from 8:00 AM to 11:59 PM;

Biker Games at the Roma Club on July 31st from 11:00 AM to 5:00 PM.

8. The estimated $3,000 labour costs related to public works staff be charged to the Public Works Special Events account.

9. The rental revenue for Auditorium A and Gym B within the Leamington Kinsmen Recreation Complex being $1,199 be recorded to the facility rental revenue account and the corresponding expense be charged to the Tourism premises rental expense account. (CAO-09-16)

Carried

4. Report PW-09-16 dated June 30, 2016 regarding Outfitting for Sign Truck Cab and Chassis

Manager of Public Works, Ken Brown presented the report noting the final total purchase price for the vehicle is approximately $4,000.00 under budget. No. C-232-16


1. The purchase of a truck body and necessary attachments in the amount of $54,832 (plus HST) from Eloquip Ltd., Elora, Ontario, charged to capital account number 10-7-0630-8040-263021 be approved; and

2. That the Mayor and Clerk be authorized to sign the agreement. (PW-9-16) Carried

5. Report FIN-05-16 dated June 10, 2016 regarding 2015 Development Charges

Manager of Accounting Services, Ginny Campbell presented the report and provided an overview of the reserve fund balance and reserve fund statements including the transfers for capital projects.

Council inquired whether development charges could be eliminated and these funds collected in another manner. The Chief Administrative Officer advised that there are other mechanisms available to collect these funds and that Administration would bring forward a report outlining other options for Council’s consideration prior to August 2017.

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In response to a further question, the Chief Administrative Officer noted the discounting of development charges has sparked an increase in development; however it could take another year or so before the return on investment is realized. He noted this information will be compiled and provided to Council in the future for its review.

In response from a question from Council, the Manager of Accounting Services explained that the reserve fund amount allocated to water services is based on the Watson Report formula which dictates portion of funds dedicated to water related costs. The Mayor noted a few years ago Council agreed to spend funds to replace sections of cast iron waterlines in the Municipality which has contributed to this amount.

No. C-233-16

Moved by: Councillor Verbeke Seconded by: Councillor Jacobs

1. The 2015 Development Charge Reserve Funds Statements attached as Schedules 1 to 3 for the year ending December 31, 2015 be received. (FIN-05-16)

Carried

6. Report FIN-06-16 dated June 13, 2016 regarding 2015 Year End Variances

Manager of Accounting Services, Ginny Campbell presented the report which also recommends the establishment of 2 new reserve accounts, being the waterfront development reserve and the uptown revitalization reserve. The Manager of Accounting Services noted that the Municipality experienced an unfavourable variance in investment income at the end of 2015, which has since been recovered.

In response to a question from Council, the Chief Administrative Officer clarified the new uptown revitalization reserve account does not replace the CIP account, rather it is intended to set aside funds to meet the objectives which Council has identified in the strategic plan, one being the revitalization of uptown.

The Chief Administrative Officer advised that he will be presenting a report outlining a revitalization plan for Leamington’s uptown area at the August 8th Council meeting.

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No. C-234-16

Moved by: Councillor Hammond Seconded by: Councillor Dunn

1. The creation of:

Waterfront Redevelopment Reserve for the purposes of redeveloping the lands between the Leamington Marina and Seacliff Park be approved; and

an Uptown Revitalization Reserve be approved. 2. The transfers of 2015 municipal taxation-funded surplus funds of $1.3 million be

approved as follows:

Table 1 – Summary of Recommended Transfers

Reserve Amount

Infrastructure (0290) $ 259,700 Fire (0230) 95,500 Police (0232) 67,200 Marina (0262) 52,400 Parks (0264) 43,800 Arts and Culture (0276) 40,000

Subtotal 741,400

Waterfront Redevelopment (0265) 500,000

Uptown Revitalization (0266) 241,400

Total $ 1,300,000 Source: Schedule 1

3. Information regarding transfers for the net financial positions of the Parking,

Wastewater (PCC), and Water departments for 2015 to the respective reserve accounts be received; and

4. Information regarding the transfers to reserves for 2016 committed capital projects

be received. (FIN-06-16) Carried

7. Report FIN-07-16 dated May 20, 2016 regarding Restatement of 2015 Budget in PSAB Compliant Format and Disclosure of Expenses Excluded in Accordance with Ontario Regulation 248/09

Manager of Accounting Services, Ginny Campbell presented the report and explained the differences between the PSAB compliant budget reporting and the Ontario regulation budget requirements.

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In response to a question from the Mayor, the Manager of Accounting Services advised that she would investigate the need for the Municipality to complete multiple reporting in the future. In response to a question from Council, Lindsay Iatonna, Municipal Auditor from the from the firm of Hicks, MacPherson, Iatonna & Driedger, noted that PSAB reporting requirements were being completed as per the capital asset policy adopted by Council in 2008. In accordance with this policy, Managers are required to submit a list of capital assets and anticipated useful life.

No. C-235-16


1. The Municipality of Leamington’s budget prepared on a full accrual basis of accounting as required by the Public Sector Accounting Board (PSAB) for disclosure in the Municipality’s 2015 financial statements, and attached as Schedule 1, be approved; and

2. The impact on the accumulated surplus by excluding expenses for amortization

of tangible capital assets ($8,005,166) and post-employment benefits ($1,307,300) from the 2015 adopted budget, as required by Ontario Regulation 284/09, be received for information. (Report FIN-07-16)

Carried

8. Report LLS-35-16 dated July 6, 2016 regarding Request for Noise By-law Exemption, Caldwell First Nation Rejuvenation of the Spirit Pow Wow, Friday August 12 and Saturday August 13, 2016

The Director of Legal and Legislative Services Ruth Orton presented the report, noting the purpose was to request exemption from the noise by-law for this event.

In response to a question from Council, the Director of Legal and Legislative Services advised that there will be an amplification system at the event, although exemption is being requested until 11:00 PM, the event is scheduled to only run until 10:00 PM.

Moved by: Councillor Verbeke Seconded by: Deputy Mayor MacDonald

No. C-236-16

1. Council grant an exemption from Leamington’s Noise By-Law #431-03, Section 2(1) for the Caldwell First Nation Rejuvenation of the Spirit Pow Wow to be held on Friday August 12, 2016 and that such exemption apply from 4:00 PM to 11:00 PM and Saturday, August 13, 2016 from 11:00 AM to 11:00 PM on the lands located at the Southeast corner of Bevel Line Road and Seacliff Drive East.(Report LLS-35-16)

Carried

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9. Report LLS-34-16 dated July 5, 2016 regarding Request for Easement in a Portion of the Former Railway, Cogeco Cable Canada Inc.

Director of Legal and Legislative Services, Ruth Orton presented the report, noting Cogeco is requesting an extension of a previously approved easement which will also service a greenhouse development. The Director of Legal and Legislative Services noted the CRTC has the authority to limit Municipal fees charged to administrative costs only.

The Mayor noted that the approval of the easement will result in all residents enjoying the benefits of high speed fiber-optic internet.

No. C-237-16

Moved by: Deputy Mayor MacDonald Seconded by: Councillor Dunn

1. The request by Cogeco Cable Canada Inc. for an easement over the lands legally described as Part of Lot 5, Concession 2, Parts 1, 2, 3 and 4 on 12R-25265, Leamington be approved in a form satisfactory to the Municipality’s solicitor;

2. All costs associated with preparation and registration of all plans and documents necessary to complete the easements be the responsibility of Cogeco Cable Canada Inc.;

3. The Director of Legal and Legislative Services be authorized to execute all documents necessary to effect the transaction. (LLS-34-16)

Carried

10. Report PLA-29-16 dated July 14, 2016 regarding SPC/19/16, 176 Talbot Street East (St. Louis School), Windsor Essex Catholic District School Board

The Manager of Planning Services, Danielle Truax presented the report, noting the proposed changes to the parking lot are a result of the need to accommodate the new enrolment at the school. The Manager of Planning Services also noted the school will be consolidating its properties at this time. In response to a question from Council, the Manager of Planning Services advised that a traffic analysis report was submitted to support the proposed traffic flow design.

No. C-238-16

Moved by: Councillor Verbeke Seconded by: Councillor Jacobs

1. Site Plan Application (SPC/19/16) for the reconfiguration and expansion of the parking area at St. Louis Catholic Elementary School located at 176 Talbot Street East be approved; and

2. The Mayor and Clerk be authorized to execute the site plan control agreement. (PLA-29-16)

Carried

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Matters for Approval:

No. C-239-16

Moved by: Deputy Mayor MacDonald Seconded by: Councillor Hammond

That the minutes of the Leamington Heritage Advisory Committee held May 25, 2016 be approved.

Carried

Other Matters for Consideration:

None.

Report on Closed Session:

None.

Consideration of By-laws:

No. C-240-16

Moved by: Councillor Verbeke Seconded by: Councillor Dunn

That the following by-laws be read a first, second and third time and finally enacted:

By-law 45-16 being a by-law to confirm the proceedings of the Council of The Municipality of Leamington at its meeting held July 18, 2016

Carried

Notices of Motion:

None.

Open Session of Council and Administration:

Councillor Hammond advised he recently attended a Cash Mob organized by the Chamber of Commerce, where the group met at Paula’s Fish Place for supper, shopped at Pelee Wings and ended the evening at Sweet Retreats for ice cream. He thanked Wendy Parsons for organizing this event and all who hosted the group that evening.

Councillor Dunn commended the 240 volunteers who are assisting with the Hogs for Hospice fundraising event. He noted the willingness of residents to volunteer is one of the things that make a great community.

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Councillor Jacobs inquired as to who was paying for the walkway being constructed on County Road 20 (from the Townline to Union) and whether Kingsville’s agreement with the County for that stretch of the road varied from Leamington’s agreement. The Mayor advised he was unaware of how the project was being funded and what agreement Kingsville had with the County. The Chief Administrative Officer noted that the County has advised they are currently conducting an Environmental Assessment for reconstruction of County Road 20 that runs through the Municipality. He stated it would not make sense for Leamington to install any bike lanes or walking paths on this road until it knows the County’s plans for reconstruction and widening of same.

The Mayor advised that he, along with Peter Neufeld, Brian Humphrey and Ward Hutchins recently participated in a golf tournament fundraiser hosted by Community Living which includes a Municipal Cup Challenge. He advised that for the last 5 years the Town of LaSalle has won this challenge. This year Leamington was successful in wrestling this trophy away from LaSalle. The Mayor thanked past participants of this tournament which have included: Councillors Verbeke and Jacobs, Rob Sharon, Cheryl Horrobin, Tracey Pillon-Abbs, Danielle Truax and the late Councillor Atkin.

Statement of Members: non-debatable

None noted.

Adjournment:

No. C-241-16

Moved by: Councillor Dunn Seconded by: Councillor Hammond


Carried



Minutes approved at Council Meeting held August 8, 2016, Resolution C-XX-16, Confirmation By-law XX-16

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Minutes of the Special Council Meeting

Held Monday, July 25, 2016 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 and Tim Wilkinson

Staff Present: Chief Administrative Officer Peter Neufeld Director of Infrastructure Services Rob Sharon Clerk/Manager of Legislative Services Brenda Percy Manager of Engineering Services Allan Botham Engineering Project Manager Gaspare Graziano Economic Development Officer Jeannine Lassaline-Berglund

Council Services Assistant Mary Ann Manley Staff Absent: Director of Legal and Legislative Services Ruth Orton

Acting Director of Finance & Business Services David DelCiancio

The Mayor called the meeting to order at 6:00 PM.

Disclosures of Pecuniary Interest and General Nature Thereof:

Councillor Dunn declared a conflict of interest with Report ENG-17-16 dated July 21, 2016 regarding Tender Results, Pelee Bevel Sanitary Sewer System Phases 1 and 2 as he owns property on the Bevel Line.

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1. Report LLS- 37-16 dated July 20, 2016 regarding Amendment to Lease for Hogs for Hospice Event Jitani Enterprises Inc. (C.O.B. Burgess Refreshments)

Clerk/Manager of Legislative Services Brenda Percy presented the report.

In response to a question from Council, Ms. Percy replied the additional sale of liquor would be for the one day, Saturday, July 30, 2016.

No. S-75-16

Moved by: Councillor Jacobs Seconded by: Councillor Wilkinson

1. Paragraph 8. a) of the lease agreement dated January 1, 2015 between The

Corporation of the Municipality of Leamington and Jitani Enterprises Inc. (C.O.B. as Burgess Refreshments) for the concession stand located at Seacliff Park be amended to read:

“8. a) The Tenant shall obtain a Provincial Licence to sell alcohol. Only beer, wine and coolers shall be sold and served only in plastic cups. All alcohol sold on the premises shall be consumed on the premises. On Saturday, July 30th, 2016 from 5:00 PM to 10:15 PM only, the Tenant’s sale of alcohol shall not be limited to beer, wine and coolers.”

2. Paragraph 20 a) of the lease agreement be amended to read:

“20. The Tenant shall during the entire term hereof at its sole cost and expense, take out and keep in full force and effect the following: a) Public liability insurance applying to all operations of the Tenant and which shall include insurance against personal injury, death, property damage, products liability, non-owned automobile liability and Tenant's legal liability with respect to the occupancy by the Tenant of the leased premises. Such policies shall be written on a comprehensive basis with limits of no less than Five Million Dollars ($5,000,000) per occurrence and shall include Host Liquor Liability coverage. Further, the Municipality of Leamington shall be added as an additional insured. The Tenant will provide a copy of the valid insurance certificate, in a form satisfactory to the Director of Legal and Legislative Services, to the Landlord”

3. The Mayor and Clerk be authorized to execute the amending agreement. (Report LLS-37-16)

Carried

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2. Report ENG-17-16 dated July 21, 2016 regarding Tender Results, Pelee Bevel Sanitary Sewer System Phases 1 and 2

Councillor Dunn declared a pecuniary interest in the matter and vacated his seat and the Council Chambers at 6:10 PM. Manager of Engineering Services Allan Botham presented the report noting changes in the construction schedule dates.

In response to a question from Council, Mr. Botham said the Contractor will commence Phase 2 (Sturgeon Creek Marina south to Ellis Side Road) around the third week of August 2016.

Mike Makhlouf, Business Owner, requested Administration clarify construction dates. Mr. Botham said the Contractor has some flexibility however, the intention is to start Phase 2 with an initial crew and then the Contractor will bring in another crew to supplement Phase 2 or start Phase 1. The majority of the work is to be completed by May 2017. Mr. Makhlouf said he was pleased with the changes in the construction dates.

Butch Mitchell, Resident, expressed appreciation to staff for their cooperation. Mr. Mitchell said he owns rental property and was concerned with the original construction dates. In response to a question from Mr. Mitchell, Mr. Botham said Administration plans to work with J & J Lepera Infrastructures Inc. to make the necessary amendments to the contract; however, the Contractor has been given some flexibility to work within the terms of the contract and with the business owners.

Kathleen Yetman, Business Owner, stated that Administration had answered her questions.

Charlene Houle, Business Representative, noted her colleague, Sudeshna Nambiar was delayed. Ms. Houle said the sewers will benefit the Best Western Plus business; however, Ms. Houle expressed concern with the detour route. Ms. Houle would appreciate if Robson Road could be utilized rather than Mersea Road 12 for visitors to the Best Western Plus. In response to a question from Ms. Houle, Mr. Botham said the details for Phases 3 and 4 are still being negotiated.

Chief Administrative Officer Peter Neufeld said the Municipality will work with business and residents during Phases 3 and 4 similar to Phases 1 and 2.

Mr. Botham said credit should go to Engineering Project Manager, Gaspare Graziano and J&J Lepera Infrastructures Inc. who worked together to reach a more favourable time line.

Mike Malone, Business Owner, thanked Administration for its cooperation. Mr. Malone noted that the month of May represented 35% of their business income. Mr. Malone would like some firm wording placed in the contract to ensure the work will be completed on time. Mr. Malone noted that next year all National Parks will be free so there will be an increase in park attendance and traffic. Mr. Malone said he is concerned with the detour route which diverts traffic down Mersea Road 12. He would like traffic to utilize Robson Road and the trailer park traffic could be diverted to Mersea Road 12.

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Joan Walker, Business Owner said Point Pelee National Park was not represented at the meeting. Ms. Walker asked that consideration be given for weekend traffic control to accommodate the increased Park traffic on the weekends.

Chief Administrative Officer Peter Neufeld said he has spoken to the Point Pelee National Park Superintendent regarding the concerns brought forward.

Mr. Malone said he has noticed an increase in bicycle traffic and asked if a bike lane will be installed on Bevel Line and Pelee Drive. Mayor Paterson said it is the Municipality’s intention to find funds in the budget for a bike lane.

Mayor Paterson said he understood the disruption the construction could cause to the area businesses; however, a definite date could not be provided.

No. S-76-16

Moved by: Councillor Hammond Seconded by: Councillor Jacobs

1. Council award the Pelee Bevel Sanitary Sewer System Phase 1 & 2 project to J & J Lepera Infrastructures Inc., 4405 Seventh Concession Road, Windsor, Ontario N9A 6I3, in the amount of $4,850,000.00 (plus all applicable taxes) (ENG-17-16).

Carried

Consideration of By-laws:

No. S-77-16

Moved by: Councillor Verbeke Seconded by: Councillor Wilkinson

That the following by-law be read a first, second and third time and finally enacted:

By-law 46-16 being a by-law to confirm the proceedings of the Council of The Municipality of Leamington at its special meeting held July 25, 2016.

Carried

Notices of Motion:

None.

Open Session of Council and Administration:

None noted.

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Statement of Members: non-debatable

None noted.

Adjournment:

No. S-78-16

Moved by: Councillor Hammond Seconded by: Councillor Jacobs


Carried



Minutes approved at Council Meeting held August 8, 2016, Resolution C-XXX-16, Confirmation By-law XX-16

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Notice of a Complete Application and Public Meeting to consider a Zoning By-law Amendment

ZBA# 132 – 302 Sherk Street

TAKE notice that the Council of The Corporation of the Municipality of Leamington will hold a public meeting concerning a proposed zoning by-law amendment under the provisions of the Planning Act, R.S.O. 1990 on Monday, August 8th, 2016 at 6:00 pm in the Council Chambers at the Municipal Building.

The purpose of the proposed amendment is to permit a temporary office trailer to be used for meeting space at 302 Sherk Street locally known as St. Joseph’s Church (see inserted key map) for a period of 12 months. It is proposed that the trailer be located on-site during the completion of St. Michael’s Parish located at 29 Elliott Street. Mass services and various community group meetings have been relocated to St. Joseph’s Church on Sherk Street during the reconstruction of St. Michael’s. Temporary uses and structures are prohibited within the municipality except when allowed by a Temporary Use By-law. A site plan sketch showing the proposed location and size of the trailer is available at the Municipal Office.

Any person may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed zoning by-law amendment.

If a person or public body does not make oral submissions at the Public Meeting or make written submissions to The Corporation of the Municipality of Leamington before the by-law is passed, the person or public body is not entitled to appeal the decision of Council of The Corporation of the Municipality of Leamington to the Ontario Municipal Board.

If a person or public body does not make oral submissions at the Public Meeting or make written submissions to The Corporation of the Municipality of Leamington before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.

Additional information relating to this matter is available for review at the Municipal Office for The Corporation of the Municipality of Leamington at 111 Erie Street North Leamington, Ontario N8H 2Z9, during regular office hours. Please contact Danielle Truax, Manager of Planning Services at [email protected] or 519-326-5761 extension 1405 for further information.

DATED at the Municipality of Leamington this 20th day of July, 2016.

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mailto:[email protected]

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COPYRIGHT

THIS IS NOT A LEGAL PLAN OF SURVEY & IS NOT TO SCALE.This map is the property of the Corporation of the Municipality of Leamingtonand may not be reproduced without expressed permission and authorization.

The user of this map assumes all risk associated with it. All efforts have been made to ensure accuracy and completeness, however no guarantees can be made.

Provided by the: Municipality of Leamington - GIS Services111 Erie Street North, Leamington, Ontario N8H 2Z9

TEL: (519) 326-5761 FAX: (519) 326-2481

LegendZBA #132302 Sherk StreetRoman Catholic Diocese of London

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PPLA-28-16

Report

To: Mayor and Members of Council From: Danielle Truax, Manager of Planning Services

Date: July 7, 2016

Re: Temporary Use By-law Amendment ZBA #132 Roman Catholic Diocese of London 302 Sherk Street (230—11500)

Recommendation:

It is recommended that:

1. Temporary Use By-law Amendment Application ZBA#132 to allow a temporary office trailer at 302 Sherk Street for a period of 12 months is deemed complete pursuant to the requirements of the Planning Act; and

2. If no concerns are raised at the public meeting, that amending By-law #39-16 be considered at the Monday, August 8th, 2016 Council meeting. (PLA-28-16)

Background: Administration has received a Temporary Use By-law Amendment Application (ZBA #132) to allow for the use of a portable office trailer at 302 Sherk Street (St. Joseph’s) for a 12 month period while the church at 29 Elliott Street (St. Michael’s) is approaching the final stages of construction.

Representatives of the Roman Catholic Diocese of London submitted application ZBA #96 in 2014 to allow for the office trailer to be brought onto the subject property temporarily while a major reconstruction project was being undertaking at St. Michael’s Church located at 29 Elliott Street. Council passed By-law 408-14 in August 2014 which permitted the trailer to be on-site for 18 months during construction or until February 2016. The Planning Act does allow for the extension of the timeline approved by a temporary use by-law, however the extension can only be applied prior to the expiry. As the date has passed and construction remains on-going, a new application to provide temporary relief from the provisions of the zoning by-law has been submitted and must be considered at a public meeting.

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, PLA-28-16

LLocation of Existing Office Trailer at 302 Sherk Street

Comments:

Section 4.54 of Zoning By-law #890-09 prohibits the use of temporary buildings anywhere within the municipality. However, temporary structures can be used on-site during construction for up to one year from the issuance of the building permit. In this case, the trailer was permitted to be on a site where there was no construction occurring and for a time period of 18 months to ensure the completion of construction at St. Michael’s. The trailer was necessary at St. Joseph’s, as the majority of church functions, including mass services and community meetings were relocated to 302 Sherk Street during construction. The trailer has been used as additional meeting space for these purposes.

During that 18 month period no concerns were received from the public with respect to the location or use of the trailer. It is noted that the location in the front yard of St. Joseph’s is not ideal. However given that the trailer is being used to supplement the lack of meeting space within St. Joseph’s this placement allows the trailer to be accessed via the existing sidewalks on-site and does not occupy any of the parking spaces. A financial security was also collected as part of the site plan approval process for St. Michael’s to ensure that the trailer will be removed in a timely fashion upon occupancy.

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, PLA-28-16

Consideration of a temporary use by-law is permitted under Section 7.15 of the Official Plan (OP), subject to satisfying the listed criteria. Planning report PLA-32-14 listed the criteria and found that the request met the criteria in 2014. It is Administration’s opinion that no circumstances related to the use of the trailer or within the surrounding area have changed since that time and the application continues to conform to the policies outlined in Section 7.15 of the OP.

Notice of a complete application and public meeting to consider Temporary Use By-law Amendment Application ZBA #132 was provided in accordance with the regulations of the Planning Act. The notice was delivered to property owners within 120 m (400 ft.) of the subject property, prescribed agencies and municipal departments on July 21, 2016 and published in the local newspaper.

In considering a request to amend the Zoning By-law, Council must have regard for the impact of any public input received. A report by Administration will not be presented to Council after the public meeting, unless there are concerns raised at the public meeting. If no concerns are raised, it is requested that Council consider granting the temporary use by-law the same night as the public meeting.

Upon Council making a decision, the required Notice of Decision for the Consent and Zoning By-Law Amendment application will be circulated. There is a 20 day appeal period where objections can be submitted to the Ontario Municipal Board (OMB). 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 Impact:

There is no financial impact to the Municipality.

Respectfully submitted,

Danielle Truax Manager of Planning Services

:dt

Attachments: none

Danielle Truax, Manager of Planning Services

Digitally signed by Danielle Truax, Manager of Planning Services DN: cn=Danielle Truax, Manager of Planning Services, o, ou, [email protected], c=CA Date: 2016.07.27 16:38:10 -04'00'

Peter Neufeld, CAODigitally signed by Peter Neufeld, CAO DN: cn=Peter Neufeld, CAO, o, ou, [email protected], c=CA Date: 2016.08.04 15:07:13 -04'00'

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1 of 2

July 28, 2016 Ms. Danielle Truax, Manager of Planning Services Municipality of Leamington 111 Erie Street North Leamington, ON N8H 2Z9 Dear Ms. Truax : RE: Zoning By-Law Amendment ZBA #132 SHERK ST ARN 370623000011500; PIN: 751400051 Applicant: Roman Catholic Episcopal Corp The following is provided for your information and consideration as a result of our review of Zoning By-Law Amendment ZBA #132. We understand from the information circulated that this application will allow for the temporary placement of an office trailer during construction activities for the St. Michael's parish. SECTION 28 CONSERVATION AUTHORITIES ACT We have reviewed our floodline mapping for this area and it has been determined this site is not located within a regulated area that is under the jurisdiction of the ERCA (Section 28 of the Conservation Authorities Act). As a result, a permit is not required from ERCA for issues related to Section 28 of the Conservation Authorities Act, Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulations under the Conservations Authorities Act, (Ontario Regulation No. 158/06). WATER RESOURCES MANAGEMENT Our office has reviewed the proposal and has no concerns relating to stormwater management. NATURAL HERITAGE POLICIES OF THE PPS 2014 The subject property is not within or adjacent to any natural heritage feature that may meet the criteria for significance under the Provincial Policy Statement (PPS 2014). Based on our review, we have no objection to the application with respect to natural heritage policies. FINAL RECOMMENDATION We have no objections to this zoning by-law amendment.

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Ms. Truax July 28, 2016

Page 2 of 2

If you should have any questions or require any additional information, please do not hesitate to contact the ERCA Watershed Planner, Michael Nelson by phone at (519) 776-5209 ext. 347 or by e-mail at [email protected]. Thank you. Sincerely,

Michael Nelson, Watershed Planner /cor

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PLA-14-16

Report

To: Mayor and Members of Council

From: Danielle Truax, Manager of Planning Services

Date: , 2016

Re: Amending Agreement - Request to Reduce Securities Phase 1 Southwinds Plan of Subdivision (1690025 Ontario Ltd.) File No. 37-T-06016

Recommendation:

It is recommended that:

1. Report PLA-14-16 dated April 19, 2016 being a request to consider a reduction tothe securities held for Phase 1 of the Southwinds Plan of Subdivision be received;

2. That the development agreement between 1690025 Ontario Ltd. and TheCorporation of the Municipality of Leamington regarding Southwinds Plan ofSubdivision as approved on January 28, 2010 as amended on October 16, 2012and June 2, 2014, be further amended to allow for the reduction of securities forPhase 1 outside of the provisions of the Development Standards Manual and toprovide for the installation of the final works within one year’s time; and

3. That the Mayor and Clerk be authorized to execute the amending agreement.

Background:

Southwinds Subdivision is an approved plan of subdivision that was given final approval by the County of Essex for the creation of 130 lots to be developed as single detached, semi-detached and townhouse style dwellings in multiple phases (see inserted key map). As a condition of draft approval, the owner entered into a Development Control Agreement with the Municipality on 28th day of January, 2010. Subsequently, Council authorized an amendment to the original development agreement in September 2012, which established the provisions to move forward with the construction of the roads and services in Phase 1 and to allow for the development of Phase 1 as 24 single detached dwellings and 19 townhouse units. A further amendment was approved by Council in June, 2014 to allow for a revised lot layout for the construction of a mixture of townhouses and semi-detached dwellings on Lots 53-60, Plan 12M-563 within Phase 1.

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, PLA-14-16

Key Map of Southwinds Plan of Subdivision and Phase 1 Development

The roads and services within Phase 1 have been constructed and were accepted on maintenance in 2013 (NNo. S-75-13).

Upon being placed on maintenance securities were reduced from $526,865 to $369,588 which represents the developer’s Engineer’s certified estimated of the value of the work to be completed including the surface course of asphalt and sidewalks, as well as a holdback representing 25% of the value of the work placed on maintenance.

Typically after the minimum one year maintenance period, the developer would proceed with addressing any minor deficiencies noted in Phase 1, as well as complete the final outstanding works including the surface asphalt and sidewalks. Upon completion and certification by the developer’s Engineer, the Municipality would then be in a position to assume the works completed in Phase 1 (save and except final course of asphalt and sidewalks) and further reduce the securities being held. Upon installation, the surface asphalt would be accepted and placed on a minimum one year maintenance. Following the maintenance period and upon receiving a final certification from the developer’s Engineer, the Municipality would then be in a position to release the entire security back to the developer.

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, PLA-14-16

The process outlined above is contained within the Municipality’s Development Standards Manual and is stipulated within Sections 7, 8, 33 and 34 of the development agreement between 1690025 Ontario Ltd. and the Municipality, as amended.

Comments:

The Developer for Southwinds Plan of Subdivision is requesting that Council consider releasing the security held for works that have been constructed, accepted by the Municipality and are have been under maintenance since 2013. Typically, the second release of security requires that the following occur:

i) Surface asphalt and any final works completed;

ii) Statutory declaration from developer that all parties have been paid; and

iii) Report to council to assume works after 1 year maintenance (base asphalt,sanitary & storm, water services etc.) and to place surface asphalt on aminimum 1 year maintenance.

The developer has indicated they are not in position to provide the statutory declaration that all parties have been paid or to proceed to install surface asphalt and that the return of the 25% security being held for the works placed on maintenance in 2013 will enable both.

An illustration of the standard procedure to release securities, as well as a comparison of what is being requested have been attached to this report as Figure 1.0 Illustration of Security Release.

The developer has indicated they are in the process of having the contractor make the few repairs to the base coat. It is anticipated the surface asphalt will go on immediately upon the availability of the contractor and the sidewalks will be installed in late fall.

Amending Agreement

Section 8 of the amending agreement dated October 16, 2012 provides for the return of security in the manner prescribed in the Municipality’s Development Standards Manual. Consideration of this request requires a 3rd amending agreement be prepared to allow for the following for securities being held for Phase 1 only:

i) To authorize the release of $174,650 being held in security;

ii) To retain securities in the amounts and representing the value of works asfollows:

a. $141,540 representing 100% of the value of outstanding works (sidewalksand surface asphalt);

b. $53,398 representing 25% of exposed work which has been completedand accepted;

iii) To require the final works (surface asphalt and sidewalks) to be installedwithin one year’s time from the date of the amending agreement or thesecurities will be used by the Municipality to complete the work; and

iv) For the remaining securities to be returned in the manner outlined in theDevelopment Manual.

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, PLA-14-16

Risk to the Municipality

Securities are held to ensure sufficient funds are available to complete all works required under the development agreement. Typically, it is in the best interest of the developer to install all works to the satisfaction of the Municipality in a manner and timeline which allows for the return of the security as soon as possible.

In this case, the proposed process still ensures all deficiencies will be corrected and the final works will be completed. The amending agreement will allow the Municipality to place a time limit for the construction of the road and final works or to take action to have it completed using the security.

The agreement does not provide for fluctuations in construction costs and the securities collected represent the Engineer’s estimation of value at a certain point in time. In order to ensure that the amounts being held are sufficient, the requirement to complete the work must be within a reasonable time period. Administration recommends one year from the date of the amending agreement, which represents one full construction season. Additionally, the longer the final works are delayed the more the life expectancy of the road is reduced.

The current development agreement, as amended refers to the works being completed in accordance with the Municipality’s Development Standard Manual and does not include a timeline for the completion of the work.

It is proposed that this amendment include a timeline to require the completion, as well a measure for the Municipality to undertake the works.

pursuant to the Construction Lien Act, the Municipality is at risk by releasing funds to the developer if that developer has not paid its contractors.

Administration necessary steps to protect against potential claims.

Financial Impact:

The Municipality is obligated to its residents to ensure development proceeds in a manner which meets certain standards. The request provides for sufficient security to ensure the work is completed by the developer or is available for the work to be completed by the Municipality.

Respectfully submitted,

Danielle Truax Tracey Pillon-Abbs Manager of Planning Services Director of Community and

Development Services

Attachments: Figure 1.0 Illustration of Security Release

T:\Planning\Council Reports\2016\PLA 14 16 Southwinds Reduction to Security Phase 1\PLA 14 16 Southwinds - Reduction to Security Phase 1.doc

Peter Neufeld, CAODigitally signed by Peter Neufeld, CAO DN: cn=Peter Neufeld, CAO, o, ou, [email protected], c=CA Date: 2016.08.04 15:07:58 -04'00'

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, PLA-14-16

Figure 1.0 Illustration of Security Release

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Leamington Municipal Heritage Advisory Committee LMHAC Minutes

Wednesday, April 20, 2016 Ante Room, 111 Erie Street North, Leamington

Members Present: Maria Kouhang

Tony Duncan Scott Holland Chris Chopcik

Lee Ann Setterington - Chair

Regrets Only: Bill Dunn, away on personal business Mark Stevenson, away on personal business

Staff Present: Manager of Planning Services Danielle Truax

Call to Order:

Minutes:

Moved by: Scott Holland Seconded by: Tony Duncan

That the minutes of the February 24, 2016 meeting of the Leamington Municipal Heritage Advisory Committee be adopted.

CARRIED

Business Arising from Minutes: None

Delegation – Mr. Paul Bunnett-Jones, Leamington Historical Society – Maria Kouhang will attempt to re-schedule with Mr. Bunnett-Jones.

Reference Materials: Received

New Business:

1. Summer Research Student

a. Adoption of Heritage Inventory b. Website c. Develop template for Heritage Features d. Schedule date to attend Registry Office Windsor with Veronica Brown,

Researcher and Maria Kouhang

2. Intangible Cultural Heritage – For Information Only

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, Leamington Municipal Heritage Advisory Committee Minutes, April 20, 2016

3. Heritage Conference – May 12-14, 2016 Summary of Attendance to be provided by M. Kouhang and D. Truax at May Meeting

4. Communities in Bloom have contacted Chair to have a Heritage representative sit on their committee. Maria Kouhang is also in contact with committee and will inquire as to what information they require. D. Truax to inquire about whether a committee member can be a representative.

Adjournment:

That the meeting adjourned at 4:00 PM

Carried

The next LMHAC Committee meeting date is Wednesday, May 25, 2016 at 3:00 PM.

“Signature on File” LMHAC, Chair

:dt

T:\Planning\Planning Information\LMHAC\2016\April\LMHAC Minutes 042016.doc

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Minutes – Leamington Police Services Board Meeting

Held Wednesday, January 27, 2016

Commencing at 8:30 AM

in the Ante Room

Members Present: John Paterson, Chair Joan McSweeney Lorraine Hodgson Regrets: John Jacobs Judy Butler Also Present: Staff Sergeant Mike Beatty

Staff Sergeant Stu Bertram Detective Sergeant Karen Dunn

Secretary Ruth Orton Director of Finance and Business Services Ramona Nordemann Recording Secretary Jennifer Bavetta

Disclosures of Pecuniary Interest: None.

Delegations:

None.

Public Portion of the Meeting:

Staff Sergeant Mike Beatty introduced Staff Sergeant Stu Bertram and Detective Sergeant Karen Dunn and provided a brief overview of their background with the OPP. He explained the structure of the Essex County Detachment of the OPP has increased to include one additional Staff Sergeant and noted Staff Sergeant Stu Bertram will be overseeing Leamington and Kingsville operations. The Board members welcomed the two new detachment members.

Business Arising from the Minutes:

No. 01-01-16

Moved by: Lorraine Hodgson

Seconded by: Joan McSweeney

That the Minutes of the Leamington Police Services Board Meeting held September 23, 2015 be approved.

“Carried”

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, January 27, 2016 Leamington Police Services Board Meeting

Staff Sergeant Beatty reviewed the Detachment Commander’s Report for the months of September through December of 2015. John Paterson thanked Staff Sergeant Beatty for the increase in the number of reporting updated provided by the OPP.

John Paterson noted he will be meeting with the owner/operator of the Leamington Lodge in the near future. Staff Sergeant Mike Beatty confirmed the OPP have reached out to the owner in an effort to establish a partnership so that illegal activities that may go on within the facility may be mitigated.

No. 02-01-16

Moved by: Lorraine Hodgson


That the Detachment Commander's Reports for the months of September, October, November and December, 2015 be received.

“Carried”

Staff Sergeant Mike Beatty noted Ryan Burney has been replaced by Constable Amanda Allen as Police Coordinator, Ontario Provincial Police, for the Windsor and Essex County Crimestoppers. He noted constable Allen will be introduced to the members at a future Police Services Board Meeting.

No. 03-01-16

Moved by: Joan McSweeney

Seconded by: Lorraine Hodgson

That the Windsor & Essex County Crime Stoppers Statistical Report for the months of September, October, November and December, 2015 be received.

“Carried”

Director of Finance and Business Services Ramona Nordemann reviewed the Proposed Operating and Capital Budget documents contained in the addendum to the agenda, noting policing costs amount to approximately twenty-five percent of the total budget for the Municipality.

No. 04-01-16



That the proposed 2016 Police Services Operating and Capital Budget be referred to Council;

And that the Board recommend Council approval of the 2016 Police Services Operating and Capital Budget.

“Carried”

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, January 27, 2016 Leamington Police Services Board Meeting

Questions and Statement Session:

Staff Sergeant Mike Beatty informed the board members that he will be working out of the Harrow office on special projects, including Emergency Planning and issues related to the to-be constructed Gordie Howe Bridge.

Adjournment:

No. 05-01-16



That the meeting be adjourned at 9:10 AM. “Carried”

John Paterson, Chair

Ruth Orton, Secretary

Next Meeting: Wednesday, March 23, 2016 at 8:30 AM.

/jb T:\Corporate\P00-Protection&Enforcement\P00-Police Services Board\Agendas&Minutes\2016\012716\012716-PSB Minutes.doc

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Minutes – Leamington Police Services Board Meeting

Held Wednesday, May 25, 2016

Commencing at 8:30 AM

in the Ante Room

Members Present: John Paterson, Chair John Jacobs, Vice Chair Joan McSweeney Absent: Judy Butler Lorraine Hodgson Also Present: Inspector Glenn Miller

Staff Sergeant Stu Bertram Sergeant Jerry Ribble

Recording Secretary Jennifer Bavetta

Disclosures of Pecuniary Interest: None.

Delegations:

Mr. Alan Crawford, a resident of Leamington, was in attendance as a delegation. Mr. Crawford wished to express his concern over the recent crime that has taken place in Leamington, and in particular, in his neighbourhood. Mr. Crawford explained there has been a number of cars being broken into, noting his neighbourhood has been hit three times in the past three months.

Mr. Crawford noted he attended the police station at 7:30 AM, however there were no office staff or officers present at the time and his only option was the phone located in the lobby.

Mr. Crawford expressed his concern that the recent car invasions will escalate to home invasions and suggested increased police presence may deter such crimes.

With respect to the telephone located at the police station, John Paterson explained when the Municipality initially converted to OPP policing, Council had the same concerns as Mr. Crawford and insisted the OPP provide the same level of service that was provided by the Leamington Police Service, including 24 hour staffing at the police station. He further explained during the recent budget deliberations it was determined the cost to continue 24 hour service versus the number of residents who wish to have 24 hour staffing at the station was very low.

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, May 25, 2016 Leamington Police Services Board Meeting

Staff Sergeant Bertram stated he understood Mr. Crawford’s concerns an inquired whether the vehicles that were broken into were locked. He noted the challenge the OPP face with educating the public to lock their vehicles and to remove all valuable items.

Mr. Crawford noted he did not file a complaint as it was his understanding the more thefts that are reported in a neighbourhood, the more insurance rates are increased.

Mr. Crawford stated residents must be proactive, through programs such as community watches, in order to help solve issues of crime in the Municipality. He further stated the OPP cannot be blamed.

Inspector Miller thanked Mr. Crawford for attending the meeting and bringing his concerns to the Board’s and OPP’s attention. He noted residents must communicate suspicious activity to the OPP immediately. He explained there will be ebbs and flows when it comes to crime levels as repeat offenders are in police custody and then released.

Staff Sergeant Bertram noted he was not aware whether increased crime rates resulted in increased insurance rates. He further noted he will attempt to add police patrols to the Foundry Street area.

Staff Sergeant Bertram suggested the OPP may need to participate in another “Lock It or Lose It” campaign.

Sergeant Ribble reminded those in attendance that anyone who is apprehensive about calling the police may call Crimestoppers and the information will be relayed immediately.

Staff Sergeant Bertram confirmed people who call the OPP to report suspicious or other activity may remain anonymous if they wish.

With respect to drugs in Leamington, John Paterson noted the conversation will never end. He suggested residents also contact Crimestoppers with any tips regarding drugs as the caller will remain anonymous.

Sergeant Ribble will provide pamphlets regarding Crimestoppers to Mr. Crawford which can be distributed to his neighbours.

Mayor Paterson thanked Mr. Crawford for stepping forward with his concerns, noting Leamington needs more residents who are willing to do so.

Public Portion of the Meeting:

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Business Arising from the Minutes:

No. 06-05-16


Seconded by: John Jacobs

That the Minutes of the Leamington Police Services Board Meeting held January 27, 2016 be approved.

“Carried”

Staff Sergeant Bertram reviewed the Detachment Commander’s Report for the month of April, 2016. He noted there has been an increase in fraud, including telephone and Facebook scams. He further noted the OPP will be preparing another media release warning residents of the scams and informing them not to participate.

No. 07-05-16

Moved by: John Jacobs


That the Leamington PSB Reports for the months of January, February, March and April, 2016 be received.

“Carried”

The Board was informed Constable O’Neil will be retiring in June and a party will be held on June 17th at the Portuguese Club. Tickets are $30.

No. 08-05-16



That the Windsor & Essex County Crime Stoppers Statistical Report for the months of January, February and March, 2016 be received.

“Carried”

Questions and Statement Session:

John Jacobs noted the ongoing issue with congregating vehicles and squealing tires at the marina and dock and inquired how the loiterers can be urged to move on. He noted “No Loitering” signs have been placed at the Marina.

Inspector Miller noted there has been an increase in foot, bike and vehicle patrols in the area.

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Sergeant Ribble explained the Marina Manager has been informed to have people call the OPP when there is an issue. He noted a number of liquor tickets have been issued as a result of the calls.

Joan McSweeney inquired about the legality of such stores as “Pete’s Pipes”. Staff Sergeant Bertram confirmed they are legal and are catering to the vape industry. Sergeant Ribble noted the possession or sale of paraphernalia is not a crime and that OPP officers make regular visits to the premises.

John Paterson noted the owners of Crazy Moe’s were served with a “Notice Under the Trespass to Property Act” for the former VI property located at 47 Erie Street South.

John Paterson noted there has been an issue recently with undesirable people visiting the library and inquired whether officers walk through the library while on patrols uptown. Staff Sergeant Bertram confirmed a charge was recently laid utilizing evidence from a video obtained from the library. He noted he will talk with the core area officers and instruct them to make the library a part of their regular patrol route. Staff Sergeant Bertram will also speak with library staff.

Adjournment:

No. 09-05-16



That the meeting be adjourned at 9:10 AM. “Carried”

John Paterson, Chair

Ruth Orton, Secretary

Next Meeting: Wednesday, July 27, 2016 at 8:30 AM.

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Council and Public Meeting Agenda for August 8, 2016

Documents

Transcript of Council and Public Meeting Agenda for August 8, 2016