Published June 19, 2020
Word Count 2327 words
Reading Time 11 min read

Body: Council
Type: Minutes
Meeting: Regular
Date: June 19, 2020
Collection: Council Minutes

[View Document (PDF)](/docs/north-frontenac/Council Minutes/2020/June 19, 2020 - Regular Council Minutes.pdf)

Document Text

Regular Council Minutes June 19, 2020 Page 1 of 14

Minutes of a Regular Meeting of Council for The Corporation of the Township of North Frontenac, held June 19, 2020 through the use of Electronic Participation to ensure compliance with the Provincial Order to restrict public gatherings of more than 10 persons. Present: Mayor Ron Higgins; Councillor Fred Perry and Councillor Wayne Good – Ward 1; Deputy Mayor Gerry Martin and Councillor Vernon Hermer – Ward 2; Councillor Inglis and Councillor Fred Fowler – Ward 3. Also Present: Cheryl Robson, Chief Administrative Officer (CAO); Tara Mieske, Clerk/ Planning Manager (CPM); Kelly Watkins, Treasurer; Corey Klatt, Manager of Community Development/CAO Back-up; and Darwyn Sproule, Public Works Manager.

  1. Call To Order The Mayor called the meeting to order at 9:00 a.m.
  2. Approval of Agenda Moved by Deputy Mayor Martin, Seconded by Councillor Perry
    #229-20 Be It Resolved That Council approves the Agenda for the Regular Meeting of Council dated June 19, 2020, as circulated. Carried
  3. Disclosures of Pecuniary Interest and General Nature Thereof None declared.
  4. Business Introductions None.
  5. Delegations The delegation was deferred until after the Adoption of Minutes.
  6. Presentations None.
  7. Adoption of Minutes Moved by Deputy Mayor Martin, Seconded by Councillor Inglis
    #230-20 Be It Resolved That Council adopts the Minutes of a Regular Meeting of Council dated May 29, 2020; And That Council adopts the Minutes of a Meeting of the Personnel and Audit Committee dated May 25, 2020. Carried
  8. Delegations
    a) Sally McIntyre, General Manager, and Juraj Cunderlik, Director, Water Resources Engineering - Mississippi Valley Conservation Authority (MVCA): i. Mazinaw Lake Dam – Gate and Easement; Moved by Councillor Perry, Seconded by Councillor Fowler

#231-20 Regular Council Minutes June 19, 2020 Page 2 of 14

Be It Resolved That Council receives for information the presentation provided by Mississippi Valley Conservation Authority (MVCA) regarding the Mazinaw Lake Dam Gate and Easements;
And That Council will discuss this matter later in the Meeting under Business Arising. Carried ii. Shabomeka Lake Dam - Easements. Moved by Councillor Good, Seconded by Councillor Fowler

#232-20 Be It Resolved That Council receives for information the presentation provided by Mississippi Valley Conservation Authority (MVCA) regarding the Shabomeka Lake Dam Easements;
And That Council will discuss this matter later in the Meeting under Business Arising. Carried 8. Business Arising from Minutes a) Resolution #136-20 and #135-20 – Mississippi Valley Conservation Authority i. Mazinaw Lake Dam Moved by Councillor Fowler, Seconded by Councillor Perry

#233-20 Whereas Council passed Resolution #135-20 receiving for information a letter from Mississippi Valley Conservation Authority (MVCA) dated February 7, 2020 proposing to install a gate to discourage the public from using the dam overflow by-pass as a boat launch as this was identified as a safety risk during a Dam Safety Assessment of the Mazinaw Lake Dam; and MVCA met with adjacent land owner Brad Robson; the Public Works Foreman who requested MVCA put the gates as close to the dam as possible so Public Works could still get the snow plow turned in the winter months and gives the school bus room to turn; and the Kaladar/Barrie Fire Chief who advised after discussion with MVCA, the gate would be moved closer to the hydrant and the fence posts tucked beside the trees; the gate would be widened to 22’ to allow for fire trucks with intake lines deployed and the need for “No Parking Fire Route” signage to deter people from parking in front of the gate; and that Council deferred consideration of this request until MVCA attends the May 8, 2020 Council Meeting to explain how they suggest addressing the concerns from residents and Council will then determine how best to proceed; And Whereas Council passed Resolution #136-20 at their meeting on March 20, 2020 receiving for information an email dated March 7, 2020 from Max and Tara Mieske, Residents, advising they are the owners of property on the corner of Head Road and Wellman Road, with a Right-of-Way included on the deed over the private road adjacent to Lots 1, 2, 3 and 4 on Plan 690, which is now the Township Road known as Wellman Road; and this road was created to the Shore Road Allowance to allow access to the lake; and that Mr. Mieske advised that by installing a proposed gate, MVCA will not stop people from accessing the dam as it is an open area; and that Mr. Meiske requested that Council not permit MVCA to install a gate; and that as MVCA will be in contact with Mr. Mieske to discuss the gate and other matters, Council defers consideration of this request; and invites Mr. Mieske to attend as a delegation to the May 8, 2020 Council Meeting prior to MVCA’s presentation on their dams (including the Mazinaw dam) and their Watershed Plan, etc.; Regular Council Minutes June 19, 2020 Page 3 of 14

Therefore Be It Resolved That Council receives for information the presentation provided by MVCA regarding the Mazinaw Lake Dam Gate and Easement showing the amended preferred location for the proposed gate which retains water access for area residents; meets vehicle access requirements of the Township’s Fire Department and MVCA; allows for the installation of the anchor and relocation of the boom upstream approximately 20 feet to enhance safety at the dam; locates the gate at the proposed limit of the dam structure including spillway;
And That Council approves the installation of the proposed gate at the Mazinaw Lake Dam as shown on the mapping provided and that all costs are to be covered by MVCA; And That Council approves-in-principle an easement for MVCA to establish safety buffers and operating areas at the Mazinaw Dam as shown on the mapping provided; And That Council instructs the Clerk’s Department to work with MVCA to confirm the legal boundaries for the easement and draft an easement agreement for the Township’s Solicitor to review prior to Council’s approval;
And That MVCA will be responsible for all costs involved with the surveying and required legal work to prepare, review and register the easement; And That Council received an email from Max and Tara Mieske advising they no longer have concerns with the proposed gate. Carried ii. Shabomeka Lake Dam Moved by Councillor Inglis, Seconded by Councillor Fowler

#234-20 Be It Resolved That Council approves-in-principle an easement for Mississippi Valley Conservation Authority (MVCA) to establish safety buffers and operating areas at the Shabomeka Dam as shown on the mapping provided; And That Council approves MVCA completing the required survey work on Township property to confirm ownership boundaries; And That Council instructs the Clerk’s Department to work with MVCA to confirm the legal boundaries for the easement and draft an easement agreement for the Township’s Solicitor to review prior to Council’s approval;
And That MVCA will be responsible for all costs involved with the surveying and required legal work to prepare, review and register the easement. Carried b) Resolution #208-20 – Notice For Animal Control By-law #39-20 Moved by Councillor Perry, Seconded by Councillor Good

#235-20 Whereas Council passed By-law #39-20, being an Amended Animal Control By-law at their meeting on May 29, 2020; Therefore Be It Resolved That Council receives an email from the Clerk recommending Public Notice be provided regarding the new provisions within the Animal Control By-law to provide reasonable time for compliance; And That Council instructs the Clerk to provide a Notice to be published in the Frontenac News; posted to the Township’s Website; and added to the Township’s Social Media Accounts. Carried Regular Council Minutes June 19, 2020 Page 4 of 14

c) Resolution #210-20 – Noise By-law Moved by Councillor Hermer, Seconded by Councillor Inglis

#236-20 Whereas Council passed Resolution #210-20 at their meeting on May 29, 2020 receiving for information the draft Noise Control By-law, including the amendment from the Mayor, Deputy Mayor and CAO; and instructed the Clerk to make amendments as discussed today; Therefore Be It Resolved That Council receives for information the draft Noise Control By-law, including the amendments from the Clerk; And That Council will consider a By-law to repeal #10-98 and adopt the new By-law to control noise within the Township later in the meeting. Carried d) Resolution #211-20 – Legal Non-Conforming Status for By-laws passed under the Municipal Act Moved by Councillor Fowler, Seconded by Deputy Mayor Martin #237-20 Whereas Council passed Resolution #211-20 at their meeting on May 29, 2020 receiving for information the draft Yards Standards By-law, including the amendments from the Mayor, Deputy Mayor and CAO; and Council instructed the Clerk to look into if the By-law has any legal non-conforming status; Therefore Be It Resolved That Council receives information provided by the Clerk: “Based on Solicitor’s advice, By-laws passed under the Municipal Act do not have legal non-conforming entitlements (i.e. grandfathering does not apply). If there is an existing situation which is not permitted under the new By-law, the new requirements can be enforced.” Carried e) Resolution #211-20 – Yards Standards By-law Moved by Deputy Mayor Martin, Seconded by Councillor Good
#238-20 Whereas Council passed Resolution #211-20 at their meeting on May 29, 2020 receiving for information the draft Yards Standards By-law, including the amendments from the Mayor, Deputy Mayor and CAO and instructed the Clerk to make the amendments as discussed today; Therefore Be It Resolved That Council receives for information the draft Yards Standards By-law as amended by the Clerk
And That Council will consider a By-law to repeal #83-07 and adopt the new By-law to provide for Yard Standards within the Township later in the meeting, as amended to remove Section 9; And That, due to the changes within the new By-law, Council instructs the Clerk to provide written Notice of the new By-law requirements to be published in the Frontenac News; posted to the Township’s Website; and added to the Township’s Social Media Accounts; And That Council instructs the Clerk to look into how to address offensive material placed on private property. This was a Recorded Vote: Regular Council Minutes June 19, 2020 Page 5 of 14

NAME OF MEMBER OF COUNCIL YES NO Councillor Fowler

No Councillor Good Yes

Councillor Hermer Yes

Councillor Inglis

No Deputy Mayor Martin Yes

Councillor Perry Yes

Mayor Higgins Yes

Carried by 5 Lost by 2 Carried f) Resolution #213-20 – Virtual AMO Conference 2020 –Request for Delegation Moved by Councillor Fowler, Seconded by Councillor Perry

#239-20 Whereas Council passed Resolution #213-20 at their meeting on May 29, 2020 receiving for information correspondence from the Association of Municipalities of Ontario (AMO) regarding the 2020 Annual Conference and requesting the Mayor to request a delegation with the Ministry of Natural Resources and Forestry regarding an opportunity to acquire revenues from stumpage fees and requesting Council provide any additional requests for delegations at the next meeting; Therefore Be It Resolved That Council directs the Mayor to also request a delegation with the following Ministries and Ministry Staff to discuss: MNRF – Water Erosion & Control Infrastructure (WECI) Funding MOECP – Bon Echo Park Access to Residents on Shabomeka Lake Carried g) Update from Mayor Higgins regarding Declaration of Emergency for North Frontenac dated March 27, 2020 Moved by Councillor Hermer, Seconded by Councillor Good

#240-20 Whereas, with evidence of community spread of COVID-19 in the Kingston, Frontenac, Lennox & Addington (KFL&A) Region, the Township of North Frontenac determined the COVID-19 Pandemic placed our community at risk; therefore, Mayor Ron Higgins declared a State of Emergency within the Township effective March 26, 2020; and that the Declaration was made to allow for actions to ensure the ongoing safety for our residents but more importantly to protect the health of our local health practitioners who were exposed to the virus; Therefore Be It Resolved That Council receives for information an email dated June 11, 2020 from Mayor Higgins advising that, in speaking with members of the Community Control Group; KFL&A Public Health; and Municipal teams from KFL&A, the decision is to keep the Emergency Declaration in place. Carried Regular Council Minutes June 19, 2020 Page 6 of 14

  1. Communications – Clerk’s Administrative Reports A: Received for Information:
    Moved by Councillor Perry, Seconded by Deputy Mayor Martin #241-20 Be It Resolved That Council receives Section A Items of the Clerk’s Administrative Report entitled Communications of Interest, as set out below, for information:
  2. Mississippi Valley Conservation Authority (MVCA) re: Board of Directors Summary - May 20, 2020;
  3. Ontario Human Rights Commission re: Renu Mandhane Appointed to Superior Court of Justice of Ontario;
  4. Kingston Frontenac Lennox & Addington (KFL&A) Public Health re: Increase in Drug-involved Overdoses in KFL&A Area;
  5. Shirley Sedore, President, Cloyne and District Historical Society re: Thank-you Letter;
  6. North Frontenac Community Living re: May 2020 Connections Newsletter;
  7. City of Brantford re: Request for Support for Provincial and Federal Government to Declare March 17 as Essential Worker’s Day;
  8. Eastern Ontario Leadership Council (EOLC) re: Major Projects Position EOLC to Support Region’s Economic Recovery;
  9. Minor Variance Application A3/20 - James - Notice of Decision;
  10. Minor Variance Application A8/19 - 1124 Young Lane - Notice of Decision;
  11. Province of Ontario re: Backcountry Camping Ontario Parks and Crown Lands Starting June 1st;
  12. Committee of Adjustment re: Notice of Decision - B1/20, B2/20 & B3/20 NF (SC);
  13. Town of Oakville - Request for Support re: AGCO and Patio Expansion for Restaurants;
  14. Eastern Ontario Wardens Caucus (EOWC) re: EOWC Reframes Priorities in Response to COVID-19;
  15. Mississippi Valley Conservation Authority (MVCA) re: Orchid Viewing A Go with COVID-19 Restrictions in Place;
  16. Community Control Group re: COVID-19 Press Release - June 5, 2020;
  17. Minor Variance Application A4/20 - Sliwinski - Reduced Setback;
  18. Town of Orangeville – Request for Support re: Diversity Training Program for Police;
  19. Kingston Frontenac Lennox & Addington (KFL&A) Public Health re: Stage 2 Opening Framework Guidance;
  20. Frontenac Arch Biosphere re: Local Foods Listings;
  21. Eastern

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