Minutes of a Special Meeting held in the Council Chambers/ Community Hall, 937907 Marsh Bay Road, Coleman Township, on Tuesday, June 27th, 2017, at 6:00 p.m.
1. Calling the Meeting to Order
The meeting was called to order by Mayor Dan Cleroux at 6:00 p.m.
2. Roll Call
Mayor Dan Cleroux
Councillors Sue Cote, Ken Laffrenier, Cathy Marcella and Lois Perry
Logan Belanger, CAO
Timothy Chadder, Senior Planner, J.L. Richards
Brian Bigelow, Public Works Foreman
Don Laitinen, Fire Chief
Members of the Public Present:
Members of the Press Present:
Jim Patrick, CJTT
3. Adoption of the Agenda
Mayor Cleroux requested the addition of item 5.6 Bass Lake Lodge Rental, updating the Public Meeting – Chitaroni Plan of Subdivision Status Review to item 5.6.
Resolution No. 17-06-29
Moved By: Councillor Lois Perry
Seconded By: Councillor Ken Laffrenier
Be it resolved that the agenda for the special meeting of June 27, 2017, be approved as amended.
4. Declaration of Conflict or Pecuniary Interest and General Nature Thereof
5. New Business
5.1. Sale of Surplus Municipal Land – Tender Opening
The CAO opened the two tenders received for the Sale of Municipal Surplus Land, and Council awarded the tender to the highest bidder.
Resolution No. 17-06-30
Moved By: Councillor Cathy Marcella
Seconded By: Councillor Ken Laffrenier
Whereas two tenders were received in response to the Sale of the following Surplus Municipal Land, which closed on Friday, June 23, 2017 at 4:00 p.m.:
Special Meeting Minutes June 27, 2017
Be it resolved that Council accepts the tender received from Cobalt Power Group Inc. in the amount of $70,000 (paid in two installments), and the NSR of 2 percent, with a buy back of $250,000 (CAD) for the first percent and $500,000 (CAD) for the second percent, as outlined in the letter of Request to Purchase Surplus Municipal Land, received on June 22, 2017.
Further that Council directs the CAO prepare the necessary documents to prepare for the sale of municipal land.
5.2. Bass Lake Gazebo Electrical Installation Quotation
Resolution No. 17-06-31
Moved By: Councillor Ken Laffrenier
Seconded By: Councillor Lois Perry
Whereas the CAO requested receipt of three quotations for the installation of electrical (i.e. lighting and outlets) in the Bass Lake Gazebo by June 27, 2017 for council consideration;
Be it resolved that that the Council for the Township of Coleman accepts the quotation from T.J. Adshead Inc. for the installation of a 60 amp service with breaker panel, including celling lights and wall outlets for the Bass Lake gazebo, for $4,820.00, plus HST.
5.3. Bass Lake Ultraviolet (UV) Water Filtration System Quotation
The CAO has requested four quotations for the UV system at Bass Lake; to date, the Township has received one for consideration. Council requested that additional quotations be sought for the next regular meeting.
5.4. Request for Proposal – Bass Lake Septic Systems for Concession Stand and Lodge/Lower Trailer Park
The CAO distributed the draft RFP document for the supply and install of two septic systems at Bass Lake. The specifications were provided in consultation with the Health Unit and T.J. Adshead. Council approved the document and selected a closing date of July 10, 2017.
5.5. Bass Lake Lodge Rental
The CAO contacted the Health Unit to indicate that Council would like to proceed with the rental of the Bass Lake Lodge without water/sewer services. The Public Health Inspector stated that as long as we designate a source of water and provide septic services (i.e. through rented port-a-potties or through existing services) the Township could rent the lodge. It was also noted that it is up to the Municipality how to satisfy the requirements. Council agreed and wished to proceed with the rental of the lodge using the existing water and septic systems nearest to the building, at the 2016 rental rate/
Resolution No. 17-06-32
Moved By: Councillor Ken Laffrenier
Seconded By: Councillor Cathy Marcella
Be it resolved that that the Council for the Township of Coleman agrees to rent the Bass Lake Lodge to the Bearisto Family at the 2016 rate without internal water or sewer services.
Carried. Special Meeting Minutes June 27, 2017
5.6. Public Meeting – Chitaroni Plan of Subdivision Status Review
Council moved into the Coleman Community Hall to continue the meeting to discuss the status of Chitaroni Plan of Subdivision. Mayor Cleroux welcomed all who have attended and introduced Mr. Timothy Chadder, Senior Planner from J.L Richards. Mr. Chadder will review a PowerPoint Presentation, and will invite questions following the presentation. Mayor Cleroux requested that the attendees of the meeting sign the attendance sheet.
Mr. Chadder began by reviewing the agenda for the discussion, which included a brief history of the plan of subdivision, a review of outstanding items, an outline of options for the road, and working together to move forward. In 1984/1985 Council recognized construction had been started on the road; Council allowed some lots to be created, and the Township was waiting for the rest of the conditions of the subdivision to be completed to finish the process. From 1985-2012, several lots were sold out of the plan. In 2012, efforts were made by the Township and the Applicant to identify outstanding items and move towards completion of the plan including: road construction and inspection (complete); subdivision agreement (complete); and surveying the lands (lots and road) (complete); however, the survey identified an issue regarding the location of the road. The issue with this outstanding item includes the ownership/location of part of the Road:
Road not as per draft approval
Part of the road has been constructed on property that is not under the ownership of the applicant
The full extent of the road needs to be able to be transferred to the Township to complete the Subdivision
The Subdivision Agreement signed by the applicants in 2014 acknowledged that they were responsible for the following: The Portion of Pin 61384-0120 (LT) not owned by the “owners”, on which the road is constructed, will be transferred to the corporation by way of a part on a Reference Plan prior to the registration of the subdivision
Mr. Chadder proceeded to discuss the options for the Road which included:
1. Applicants purchase the lands on which the road is constructed to form part of the Plan of Subdivision to transfer to the Township
2. Applicants reconstruct lands fully on their property
3. Municipal expropriation of neighbouring lands, which is not recommended to facilitate private development. There are also costs incurred by the taxpayers of the whole Township to undertake this process, as well as is subject to appeal.
Mr. Chadder completed the presentation by providing a summary of the discussion:
The plans for the subdivision were shown to be under applicants’ ownership in 1985 application
The Township inspections assumed that applicant owned road
The 2013 survey identified that part of the road is not owned by the applicant
Typical part of process was to plow the road to serve those who purchased lots on the assumption that the subdivision was in process, and why the lots were created.
The Township wants to see the Plan of Subdivision completed; they are not putting up road blocks, but there is a process to be followed.
Mr. Mario Chitaroni addressed Mayor and Council. He began by providing a brief history on the file, and that the Chitaroni family began the process in 1980-1981. Mr. Chitaroni referenced a letter from the Ministry of Municipal Affairs stating that a Council resolution, dated February 12, 1985, indicated that the Township had accepted the roads which service the subdivision, and a subsequent letter to the Ministry confirmed that the Township had accepted the roads and noted that public access was currently provided to the draft approved lots. Mr. Chadder commented that resolutions are part of the process, but a road can only be assumed by By-Law. Mr. Chitaroni disagreed, and stated that the Chitaroni’s planner contradicts the opinion of J.L. Richards. The Chitaroni family feels that the Township has been negligent by not assuming the road, as the resolution outlined clear intent. Mr. Chitaroni stated that they have a desire to resolve the issues to complete the process; however, requests Special Meeting Minutes June 27, 2017
the Township honour its commitment. Mr. Chitaroni continued by stating Portage Bay Road has been a public road and people have been travelling it for 37 years. The Chitaroni family has invested into the construction of the road to ensure it is up to today’s standards, and the municipality assuming the road is in the public interest. Mr. Chitaroni commented that the Township has set a precedent for assuming roads in the past, under the five percent assumed road allowance for the Township of Coleman, and Nina Chitaroni provided the Mayor with a list. They inquired why the Township could not fulfil its commitment by assuming the road under the five percent rule. Mr. Chadder commented that there is a process for dedicating roads, and the process is different when a subdivision is involved; he reiterated that resolutions are part of the process, but the Township must have passed a by-law to accept the road into the system. Mayor Cleroux read two excerpts from 1989 minutes. The first was dated October 23, 1989 which read, that Mr. Chitaroni will be advised that it is Council`s opinion it is not in the best interest of the municipality to accept to maintain his subdivision roads. The decision is a result of correspondence from Ministry of Municipal Affairs, Ministry of Transportation and our Solicitor. The second was dated November 13, 1989, which stated that Gordon and Gordon Correspondence advised Subdivision roads are not Township Roads. No public funds have been spent on these roads and Council have never passed a by-law accepting these roads. Mr. Bill Ramsay stated that in some cases roads are drawn on plans and are not constructed in the same location due to site obstacles, as the person preparing the plan may not have seen the site. He inquired if the road could be redrawn to show its location fully on the applicant’s property. He also requested that the Township seek a legal opinion from the law firm of Russell Christie. Mr. Chadder commented that they will investigate. Mr. Chitaroni concluded his delegation by thanking Mayor and Council, and requested that the Township comply with the intent of the resolution.
Mr. Chadder concluded the meeting by providing a synopsis of the discussion and action items:
Obtain an understanding and verify the intent of the resolutions passed by Council on February 11, 1985.
Determine where the subdivision begins and how much of the road is included in the Plan of Subdivision. It is the Township’s planners’ opinion that it begins at the beginning of the proposed road shown on the plan; however, it is the Chitaroni’ opinion that the plan begins where the lots begin.
Will investigate option proposed by Mr. Bill Ramsay to draw an alternate route on the plan.
Resolution No. 17-06-33
Moved By: Councillor Susan Cote
Seconded By: Councillor Lois Perry
Be it resolved that this meeting do now adjourn at 8:00 p.m.