agenda committee of the whole committee - · pdf fileagenda committee of the whole committee...

AGENDA COMMITTEE OF THE WHOLE

COMMITTEE

Tuesday, February 12th, 2013 2:30 p.m. Lanark Highlands Municipal Office - 75 George Street, Lanark, Ontario Council Chambers *2:30 p.m. Committee of the Whole Chair, Tom Lalonde 1. CALL TO ORDER 2. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

3. APPROVAL OF AGENDA

Suggested Motion: “THAT, the agenda be adopted as presented.”

4. DELEGATIONS & PRESENTATIONS

i) Proposal for Road Allowance, Part of Lot 4, Con 13, geographic Township of Lavant – Glen Bucci

ii) Proposal for resurfacing Lanark Village tennis courts – James McLaren –

information attached, page 4-10.

5. COMMUNICATIONS

i) Public Notice of proposed new communications facilities – Bell Mobility – information attached, page 11.

Suggested Motion: “THAT, the communications dated February 12th, 2013 be received for information.”

6. REPORTS

General None.

Community Services

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i) Update on Lanark Highlands Forest Rally 2013 (verbal)

CAO/Clerk, Ross Trimble Suggested Motion: “THAT, the update (verbal) on the 2013 Lanark Highlands Forest Rally be received for information.”

ii) Request for Support – McDonalds Corners Agricultural Society – attached,

page 12.

Suggested Motion: “THAT the Council of the Township of Lanark Highlands supports the request of the McDonalds Corners Agricultural Society for upgrades to the Agricultural Hall Facility with assistance from the Ontario Trillium Foundation Grant Program.

Corporate Services

None.

Building, Planning & Protective Services i) Report on proposal for structure for emergency generator (verbal) –

attached, page 13. Superintendent of Public Works, Dave Ennis Suggested Motion: “THAT, Staff proceeds in purchasing a storage container to house the emergency generator behind the municipal building.”

ii) Report #PD-03-2013 Request for transfer of Land in Lieu of Parkland – attached, page 14-17. Planning Administrator/Deputy Clerk, Rob Wittkie Suggested Motion: “THAT, as part of the conditions of decision for consent applications B12/015, B12/016, B12/099 and B12/100 the applicant pay $250.00 for cash in lieu of parkland for each new lot created.”

Public Works & Waste Management Committee

i) Discussion on ATV By-Laws (County and Lanark Highlands) – attached,

page 18-30. CAO/Clerk, Ross Trimble

ii) Request for Road Closing – Part of Lot 6, Con 2, geographic Township of

Dalhousie, – attached, page 31-32.

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Planning Administrator/Deputy Clerk, Rob Wittkie Suggested Motion: “THAT, Staff be authorized to proceed with the road closing of the unopened road allowance in the Geographic Township of Dalhousie, Part Lot 7, Concession 9.”

7. IN-CAMERA ITEMS

i) CONFIDENTIAL: Identifiable Individual – Approval of minutes

Suggested Motion: “THAT, the Committee move “in camera” at ___ p.m. to address a matter pertaining to personal matters about an identifiable individual, including municipal or local board employees; AND THAT, R. Trimble, CAO/Clerk and R.Wittkie Planning Administrator/Deputy Clerk and _____________ remain in the room.” Suggested Motion: “THAT, the Committee return to regular session at ___ p.m.”

8. NEW/OTHER BUSINESS

None.

9. DEFERRED ITEMS

None.

Public Works & Waste Management Committee

• Report #PWWM-XX-2010 Policy for future development on non-maintained township roads, including maintenance responsibilities (requested April 2010).

• Delegation of Enforcement of Winter Parking Restrictions (requested

December 2008) 10. ADJOURNMENT

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2011-COW-14.7

REPORT Date Presented: December 6th, 2011 To: Mayor, Chair and Members of the Committee of the Whole From: Shellee Evans, Director of Community Services Subject: Award of Contract – Resurfacing of Tennis Courts at Conlon Farm –

Skelly General Contracting For Information Only Delegation Presentation Attachment _____ Recommendation: AS RECOMMENDED BY THE COMMITTEE OF THE WHOLE BE IT RESOLVED THAT THE COUNCIL OF THE TOWN OF PERTH PASS BY-LAW NO. 42XX, BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO COMPLETE AN AGREEMENT WITH SKELLY GENERAL CONTRACTING FOR THE RE-SURFACING OF THE TENNIS COURTS AT CONLON FARM, IN THE AMOUNT OF $122,000, PLUS TAXES, AS PRESENTED IN REPORT 2011-COW-14.7. _____________________________________________________________________________ Executive Summary: This report recommends the completion of an Agreement with Skelly General Contracting for the resurfacing of the Tennis Courts located at the Conlon Farm Recreation Complex, in the amount of $122,000, plus taxes. Background: Staff issued a Request for Proposals (RFP) for the resurfacing of the Tennis Courts at Conlon Farm, with a submission deadline of November 10, 2011. Two submissions were received by the deadline as follows:

1. McDonald Bros Construction Inc. $ 139,500 +/- plus taxes (Option #2) 2. Skelly General Contracting $ 122,000 plus taxes (Option #2)

Copies of all bids are located in the Clerk’s office and are available for viewing by members of Council. Please note that since the submissions were received, staff conducted a field test to determine the existing conditions (materials used under the tennis courts). The tests showed that using the existing subsurface would likely be feasible as granular was present in the test holes.

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Options and/or Discussion: All bids were scored based on the following criteria: 1. Qualifications – The respondent was evaluated based on the breadth of its capabilities, the

depth/strength of its organizational structure, and the qualifications of individual team members – 20%

2. Experience – The respondent’s experience was evaluated based upon its past history of successfully providing similar services – 20%

3. Proposed Approach – The respondents were evaluated based upon the proposed approach to the project, including work plan/timelines, and deliverables – 20%

4. Professional Fees – 40% Option 1: Recommended: Pass By-law No. 42xx, being a By-law to authorize the Mayor and

Clerk to complete an Agreement with Skelly General Contracting for the resurfacing of the Tennis Courts located at Conlon Farm, in the amount of $122,000, plus taxes. Skelly General Contracting issued the lowest bid at $122,000 plus applicable taxes. Staff also credited Skelly with having the preferred proposed approach for the project. While the McDonald Bros., submission scored higher under qualifications, staff are confident that Skelly General Contracting will effectively complete the project. Skelly has recently completed the dock repair at Last Duel Park and staff are extremely satisfied with the work.

Financial Considerations: The Town was successful in receiving a grant from the Ontario Trillium Foundation in the amount of $120,500. The Perth-Upon-Tay Tennis Club are contributing $6,000 for a total budget of $126,500. Any additional funds would be drawn from the Town of Perth Conlon Farm 2012 operating budget. Applicable Policy/Legislation: Procurement By-law No. 3414. Other Comments: None. Respectfully submitted, Approved by, Shellee Evans, Director of Community Services John deRosenroll, CAO

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14/01/2013 YourOttawaRegion

www.yourottawaregion.com/print/1058281 1/2

Grant will aid tennis court resurfacingGeoff DaviesAugust 17, 2011

Two of the tennis courts at Conlon Farm are likely to get rejuvenated, thanks to a grant from the OntarioTrillium Foundation. But they won’t be the often-used arenas leased by the Perth Tay Tennis Club.

While it approved a grant of $120,500 to the Town of Perth to resurface courts three and four, the foundationimposed a condition that those courts remain public for at least five years after the job is done.

At their Aug. 2 committee-of-the-whole meeting, Perth councillors passed a motion recommending staff closethe deal with the foundation. The move will get final consideration at the Aug. 16 council meeting.

The grant is $6,000 short of what the Town applied for. The plan is to pool the money with a $6,000contribution from the Perth Tay Tennis Club, and $2,000 from the Town’s Conlon Farm operating budget,according to council documents.

Though the tennis club partnered with the Town in late 2010 to craft the application, in hopes of getting itscourts resurfaced, the foundation replied it wouldn’t provide funds for a private club.

“We had to accept that,” said Pam Anderson, president of the Perth Tay Tennis Club, which rents courts oneand two.

“The grant has to be for the common good of all, not just for exclusive clubs.”

While Anderson said she doesn’t expect the foundation’s five-year condition to interfere with the club’soperations – they use all four courts for a couple hours on Tuesday and Wednesday evenings – she said theintention behind it is clear.

“They didn’t want us to trick them into giving us the money.”

But the club’s courts will still need a facelift in the near future, and the task carries a price tag that’s out ofreach of an organization that size, Anderson said.

They hope to have some help.

“Town intimated in five years time they would have enough money to do our courts,” Anderson said.

“But you never know what will happen in five years time.”

Tom Baumgartner, a tennis club member, was involved in the grant application process from the beginning.

It’s great the money came in to fix two courts, he said, even if it isn’t the courts they had hoped for.

Baumgartner said he remembers the tennis club successfully applied for a Trillium Foundation grant about eightyears ago. The club got the money to repair cracks in the courts they rent from the Town, but weren’trequired to open them up to the public.

“(The foundation) didn’t make that stipulation,” Baumgartner said. “I don’t know what’s changed since then.”

He said he plans to approach the Town’s recreation committee in the near future to start working on a plan toget the club’s courts repaired. Finding the funds to do it will be the big challenge, he said.6 of 32

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He hopes the Town’s coffers will be up to the task in a few years’ time.

“With the money they spent on the arena and the swimming pool last year, they just don’t have the money fortennis courts right now,” Baumgartner said.

Baumgartner said even though the club’s courts won’t get resurfaced, as was the original plan, the club willstill honour its collaborative agreement with the Town and pay $6,000 towards the project.

Shellee Evans, the Town’s director of community services, said there are no plans currently to have the club’scourts resurfaced. The costs of the project are prohibitive, she said, and the Town will either need to findother sources of funding or pay the bill itself when the time comes.

This article is for personal use only courtesy of YourOttawaRegion.com - a division of Metroland Media Group Ltd.

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PUBLIC NOTICE - PROPOSED BELL MOBILITY two (2) 91 Meter TELECOMMUNICATIONS

TOWERS PORPOSED AT THE FOLLOWING LOCATIONS IN LANARK HIGHLANDS

These projects will meet the telecommunication needs for wireless telephony services and for high quality high speed internet in your community.

1) E1222 Hwy 511 - Latitude 45.12295369 and Longitude –76.50076654 PT LT 1 CON 2 DARLING AS IN RS149365 & PT 1, 26R923, S/T UNREGISTERED HYDRO EASEMENT ; TWP OF LANARK

2) E1221 S. Lavant - Latitude 45.06102435 and

Longitude -76.6238705, E 1/2 LOT 3 CON 7 LAVANT; PT LT 4 CON 7 LAVANT EXCEPT PT 1, 27R8089 TOWNSHIP OF LANARK HIGHLANDS

ANY PERSON may make a written submission to the individuals listed below by March 10thth 2013 with respect to this matter. Please make reference to the appropriate location of the proposed tower.

ADDITIONAL INFORMATION Further information may also be obtained through the following contact:

Elizabeth Newell, Broker, Vertical Site Acquisition Consultant Sutton Group Innovative Realty Inc C/O 113 Meadowlands Blvd Ancaster Ontario L9K 1H8 Fax (905) 304- 3286 Email: [email protected]

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mailto:[email protected]�

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THE CORPORATION OF THE TOWNSHIP OF LANARK HIGHLANDS

Committee of The Whole

Report #PD-03-2013

Planning Administrator/Deputy Clerk Request for Transfer of Land in Lieu of Parkland

STAFF RECOMMENDATION(S) THAT, as part of the conditions of decision for consent applications B12/015, B12/016, B12/099 and B12/100 the applicant pay $250.00 for cash in lieu of parkland for each new lot created.” BACKGROUND Mr. Neilson submitted a request to the township involving the transfer of land located at 161 Mill Street in exchange for the cash in lieu of parkland requirement for consent applications B12/015, B12/016, B12/099 and B12/100. DISCUSSION The property located at 161 Mill Street is approximately 0.4 acres. The property is zoned as environmentally protected. (EP) The majority of the property is also located on a fairly steep bank. Any development of the property would be extremely difficult due to the topography of the land. FINANCIAL IMPLICATIONS As per Mr. Neilson’s request, the municipality would be responsible for all costs associated with the transfer in exchange for waiving the $800 associated with the cash in lieu of parkland requirement. In addition, there are outstanding taxes in the amount of $300. ATTACHMENTS

1. Email request from Bill Neilson. 2. Key map of 161 Mill Street

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OPTIONS Option #1: Follow the staff recommendation. Option#2: Accept Mr. Neilson’s request for land in exchange for the cash in

lieu of parkland requirement. CONCLUSIONS Based on the physical constraints of the property located at 161 Mill and the cost associated with transferring the property, following the staff recommendation appears to be in the best interest in the township. Prepared By Approved for submission by:

Rob Wittkie Ross Trimble Planning Administrator/Deputy Clerk CAO/Clerk

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KEY MAP 161 Mill Street

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THE CORPORATION OF THE TOWNSHIP OF LANARK HIGHLANDS

BY-LAW NO. 2013-XXXX

A BY-LAW TO REGULATE TO OPERATION OF ALL TERRAIN VEHICLES WITHIN THE TOWNSHIP OF LANARK HIGHLANDS

BEING a by-law to regulate the operation of all-terrain vehicles on all highways under the jurisdiction of the Township of Lanark Highlands; WHEREAS Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, Ch. 8, as amended, provides that a municipality may pass by-laws:

i) Permitting the operation of off-road vehicles with low pressure bearing tires on any highway within the municipality that is under the jurisdiction of the municipality or on any part or parts of such highway.

NOW THEREFORE, the Council of the Corporation of the Township of Lanark Highlands enacts as follows: 1. Jurisdiction

1.1 This by-law regulates the use of all-terrain vehicles on all highways under the

jurisdiction of the Township of Lanark Highlands, a lower tier municipality, only.

1.2 This by-law does NOT provided authority for: a) Provincial highways b) County of Lanark, upper tier municipality, highways c) Private roads d) Any highways situated outside the Township of Lanark Highlands.

2. Definitions 2.1 “All-terrain vehicles” shall have the same meaning as defined in Ontario

Regulation 316/03.

2.2 “Highway” shall have the same meaning as defined in the Highway Traffic Act.

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2.3 “Low Pressure Bearing Tire” shall have the same meaning as defined in the Highway Traffic Act.

2.4 “Off-Road Vehicle” shall have the same meaning as defined in Ontario

Regulation 316/03.

3. Regulation of All-Terrain Vehicles on Highways 3.1 An all-terrain vehicle shall not be operated on a highway unless it meets the

requirements of O. Reg. 316/03, s. 6. 3.2 An all-terrain vehicle shall not be driven at a rate of speed greater than:

a) 20 kilometres per hour, if the speed limit established under the Highway Traffic Act or municipal by-law for that part of the Highway is not greater than 50 kilometres per hour;

b) 50 kilometres per hour, if the speed limit established under the

Highway Traffic Act or municipal by-law for that part of the Highway is greater than 50 kilometres per hour;

3.3 In addition, any all-terrain vehicle operating on a highway shall comply with

the following provisions:

a) An all-terrain vehicle shall have visible reflective strips maintained on all four sides of the vehicles;

b) An all-terrain vehicle shall NOT have chains or studs on its tires.

3.4 Curfew – There shall be a curfew in effect seven days a week from 11:00

p.m. to 4:00 a.m. when no ATVs shall be allowed to travel on any highways within the Township.

4. Penalties

4.1 Any person who contravenes the Highway Traffic Act or its Regulations or this

by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act or Schedule “A” of this by-law.

5. One-Year Review

5.1 There shall be an annual review of the entire by-law on the anniversary date

of it being passed.

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6. Ultra Vires

6.1 Should any sections of this by-law, be declared by a court competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding.

7. Where any by-law, passed prior to this by-law, conflicts with the terms of this by-law,

this by-law shall prevail.

8. EFFECTIVE DATE

ENACTED AND PASSED this ___, day of ___________, 2013.

_____________________ ____________________ Peter McLaren, Mayor Ross Trimble, Clerk

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Schedule “A” to By-Law 2013-XXXX

Part I Provincial Offences Act

Set Fines The sums to be paid as set fines are as follows:

Item Column 1 Column 2 Column 4

Short Form Wording Provision Creating Offence Set Fine

1 Travelling on a highway with tire studs or chains

S. 3.2 (b) $110.00

2 No visible reflective markings on four sides of ATV

S. 3.2 (a) $110.00

NOTE: The general penalty provision for the offences listed above is Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33.

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KEY MAP Part of Lot 6, Concession 2 Geographic Township of Dalhousie

3rd Con Dalhousie

3rd Con Dalhousie

3rd Con Dalhousie

3rd Con Dalhousie

3rd Con Dalhousie

eri

dan Rapids Rd

eri

dan Rapids Rd

rid

an Rapids Rd

eri

dan Rapids Rd

eri

dan Rapids Rd

Sher

idan R

apid

s Rd

Sher

idan R

apid

s Rd

Sher

idan R

apid

s Rd

Sher

idan R

apid

s Rd

Sher

idan R

apid

s Rd

Sheri

dan Rapids Rd

Sheri

dan Rapids Rd

Sheri

dan Rapids Rd

Sheri

dan Rapids Rd

Sheri

dan Rapids Rd

Sheri

dan R

apids

Sheri

dan R

apids

Sheri

dan R

apids

Sheri

dan R

apids

Sheri

dan R

apids

Con Dalhousie

Con Dalhousie

Con Dalhousie

Con Dalhousie

Con Dalhousie

Ashby Rd

Ashby Rd

Ashby Rd

Ashby Rd

Ashby Rd

566

728

806

667

540

738

610

789

793 800

547

838

649

725

Proposed area

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