Body: Committee of the Whole Type: Minutes Meeting: Committee of the Whole Date: September 11, 2012 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Committee of the Whole
September IIth, 2012 Meeting No. 28
Date: September 11th,th 2012 Time: 7:00 p.m. Location: Council Chambers Present:
Mayor
Gary Davison
Deputy Mayor
John McDougall
Councillors,
Ron Vandewal Mark Tinlin Cam Naish AUan McPhaU Bill Robinson
Larry York Del Stowe
t-
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Staff:
Lindsay Mills, Planner/Deputy Clerk; Louise Fragnito, Treasurer; Mark Segsworth, Public Works Manager, Judy Herrington, Executive Assistant
Guests: 1.
Call to Order
The Mayor called the meeting to order at 7:00 p.m. in Council Chambers. 2. Declaration of Pecuniary Interest - None
(i)
Scheduled Closed Session - ml
Recess - nil
Delegations
Lori Greenwood re: Converting a Deck to a Sunroom
Lori Greenwood presented to Council her concerns with regard to issues she is having with the Planning Department. The Planning Department will not support her application. She read a letter that she wrote to Council outlining her concerns beginning in March 2012 when she spoke to Lindsay Mills and he advised her that he would not support her application for a sunroom as it was too close to the water. Ms. Greenwood cited examples of what she believed to be similar variances that have been allowed. She also noted that
the Cataraqui Region Conservation Authority (CRCA) has no objections. She advised that she intends to follow the existing rooflines; that her house is small; that the sunroom will not be turned into a bedroom; and that she
simply wants to convert her deck into a sunroom to enjoy in her retirement. “~l I
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She noted she would rather improve her home here in South Frontenac where she can contribute to the local work force, local taxes rather than invest her
money in a condo in Florida. She is asking for cooperation and support to improve her home and questions why roadblocks have been put in place when she is trying to follow the proper process. Mayor Davison advised that Council makes the final decision on such
applications based on recommendations by the Planning Department. Mr. Mills says it does not comply with the Official Plan.
Councillor Stowe asked why we would not approve the application if the Cataraqui Region Conservation Authority has no objection to it Mayor Davison advised that the CRCA does not have a mandate over the
Township of South Frontenac. We are governed by our Official Plan.
Minutes of Committee of the Whole
September 11th, 2012
Councillor Stowe added that the CRCA looks at each situation individuaUy and asked why are we making this into a problem?
Councillor Naish suggested that Ms. Greenwood submit a formal application to the Committee of Adjustment and it would be looked at individuaUy. Councillor York asked for clarification on how far the sunroom would extend and if it would extend to the edge of the deck. Ms. Greenwood advised that it
would only extend as far as the edge of the existing deck and would not be any closer to the water. Councillor York replied that in that case, he did not see a
problem with this.
Councillor Vandewal said that our Planner, Mr. IVKUs, cannot support this application and has given his reasons. He said Mr. Mills is not advising you to not apply. You can stiU make an application to the Committee of Adjustment. Councillor Vandewal added that he did not fed it was necessary for Ms.
Greenwood to make reference to “rich Americans”, etc. and others whom she
cited as having larger homes and doing larger renovations without meeting opposition by the Township. Councillor Vandewal said that there is no way for the Township to prove that such people would have made applications for the work they had done. He said that he would prefer Ms. Greenwood just present her own situation. Ms. Greenwood responded that she was trying to present comparisons.
Councillor Vandewal said that some of the applications Ms. Greenwood cited involved setbacks from the back of the building away from the lake, which does not present a problem.
Mayor Davison confirmed our Official Plan says nothing can be built within 30 metres of the water.
Councillor McPhail asked Ms. Greenwood if anyone had explained to her the role of the Committee of Adjustment and how this is separate from Council. Ms. Greenwood responded that yes she understood the difference. Mayor Davison asked Ms. Greenwood to leave her written comments with Council for further consideration.
(ii)
Kristian Smith re: Potential Parking for Boat Launch on Perth Road Kristian Smith handed out and reviewed his written comments with Council.
He outlined his opportunity to improve public safety at Buck Lake Boat Launch.
Mr. Smith is ia the process of purchasing property located at 10 Barrctt Lane, at Buck Lake in the Township of South Frontenac. Parking for users of the public boat launch, a few hundred feet to the south of the subject property is generally limited to the gravel shoulder of Perth Road. Throughout the summer months, vehicles and boat trailers are frequently lined up on the shoulder of Perth Road along the length of the subject property. This creates
a significant safety risk, particularly to children or to individuals exiting their parked vehicles, who may not anticipate a vehicle passing on Perth Road. It also poses a significant risk to residents in the area, who do not always have clear visibility of traffic on Perth Road as they exit their driveways.
He is proposing to donate a portion of the parcel to be used for parking of vehicles and trailers, to the Township so that the safety risks associated with the parking of public vehicles on Perth Road can be further mitigated. He is also asking that the Township pay for reasonable costs associated with the
land division process to sever the parcel.
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September llm, 2012
Mr. Mills used the aerial mapping to show that the surveyed width of Perth Road is 100 feet which is much wider than most people may have realized. TMs means there is some opportunity to improve the parking even without the donated land. He summarized Mr. Smith’s proposal noting that he is proposing to donate 50 feet of property (0.3 acres) off of a 1.3 acre lot (10 Barrett Lane), which will make the road allowance much wider than the shoulder. The Official Plan says we cannot further decrease an undersized lot.
He asked Mr. Smith if he was proposing to include and clear a parking area. Mr. Smith advised that this piece has for some time been subject to a “right to park” by the residents of Porcupine Island. He is proposing this portion of the property be severed in order to allow for parking safety improvements to be made.
Councillor Vandewal said he has seen this property and doesn’t think there is space large enough for 50 parking spots when you take into account vehicles and boat trailers. He said Council needs to take a look at it as it is a dangerous area. The area needs to be dug out more .
Councillor Vandewal said he would like to see staff investigate this further
with a view to creating a legitimate parking area through the appropriate legal channels, surveys, etc. He cautioned that if the Township were donated this property that it would be made into a public parking area and the residents of Porcupine Island may lose their parking spaces.
Councillor Vandewal suggested another option might be to grant the land to the Porcupine Island residents. He further noted that Council needs to take
this opportunity to improve this area, which would involve blasting, etc. Councillor TinJm noted that this is a hazardous situation and asked if another
section of the property further from the road could be used for parking. He agreed with the suggestion to donate the piece to the residents of Porcupine Island.
Deputy Mayor McDougall asked Mr. Segsworth if the severance fits with a potential solution to the boat launch and agreed that this location is a great safety concern. He said the intention was to look at widening the area when the Perth Road construction work commenced.
Mr. Segsworth responded that yes, to sever a piece and donate it to the residents of Porcupine Island fits with the plans to widen the road through the construction work planned for Perth Road.
Councillor York suggested that the residents of Porcupine Island should be approached to determine their opinion. Mayor Davison says he agreed with Councillor Vandewal. Our Official Plan
states that residents of islands require mainland parking. The Porcupine Island residents are the key to making this work. He added he felt the best solution was to keep the parking private and widen the road.
Deputy Mayor McDougaU asked Mr. Smith what the significance was of the timing. Mr. Smith responded that he has made an offer to purchase 10 Barrett Lane and he will close the deal only if he can find a solution to the parking issue. He said his is the third offer on this property due to the parking issues not being solved.
Mr. Smith advised that he has not yet talked to the residents of Porcupine Island. He suggested that he could offer the piece of property to them and it could be incorporated as an organization.
Councillor Vandewal asked if Council will support severing a lot so the residents of Porcupine Island have dedicated parking. He said he would
Minutes of Committee of the Whole th September 11th, 2012
support that only if the Township undertook to do the road widening work properly through the appropriate legal channels, blasting, etc. Councillor McPhaU said he felt this is a reasonable solution. He said that
there are no guarantees for Mr. Smith at this point and Council cannot make any commitments tonight that wiU fit into Mr. Smith’s timing.
Mr. Smith said a third option would be that if the piece was severed, he can incorporate through his corporation.
Councillor Naish asked for clarification on the issue. “Are we looking to sever a piece for use by the residents of Porcupine Island, or are we trying to take
the pressure off of parking on Perth Road?”
Mayor Davison said the agreement needs to be with the residents ofPorcupine Island.
Councillor Stowe said he feels that the majority of Council have a problem with severing the piece of property. If Mr. Smith’s corporation were to purchase it, negotiation with residents of Porcupine Island would occur later. Council could then decide if they support it.
Councillor Vandewal repeated that the Township does not want to get involved in the legalities with residents of Porcupine Island. As a severance, he will support it if it was deeded to Porcupine Island residents and dedicated to them, not if the severance is owned by 10 Barrett Lane.
Councillor Naish asked how many deeded properties exist in similar situations.
Mr. Mills said that if the piece were to be sold to the residents of Porcupine Island, it would help them get a building permit to improve their properties. Mr. Smith said he would consider taking this on and he might put up a gate
with a key given to the residents of Porcupine Island. He wants to make sure property at 10 Barrett Lane is separate from the parking area. Mayor Davison asked for an indication on supporting an application to sever the property and it being purchased by a corporation owned by Mr. Smith, and at the same time, is not in support of the Township purchasing the piece for public parking. Council supported the concept. Mr. Mills said this is an unusual situation. He noted that there are 31
residents on Porcupine Island. Two parking lots per resident are required and there is space for a maximum of 30 - 35 parking spaces. Councillor McPhail said this would be a decision of the Committee of
Adjustment in terms of approval.
Councillor Vandewal repeated that he will support the application only if it is severed and dedicated to the residents of Porcupine Island and not owned by the Township. (iii)
Bill McCormick re: Special Olympics
Bill McCormick, Special Olympics, was not in attendance.
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Reports Requiring Direction:
(i)
Louise Fragnito, Treasurer, re: Insurance Renewal Option Louise Fragnito reviewed with Council the insurance renewal option with Jardine Loyd Thompson Canada Inc. The renewal, in June 2012, resulted in a premium increase of 1.3% largely to adjust for the inflation value of the property.
DuTg the renewal process, our broker offered an option to receive additional property coverage to include bridges at a premium cost of $13,421 per year.
Currently the Township has an inventory of 48 bridges and large culverts worth $6,710,774. These are not covered under our current policy and any
occurrence which could be claimed under insurance would be the
Township’s full financial liability and responsibility.
Council was asked to provide direction to staff on the option to obtain additional coverage for structures including bridges and large culverts under the Township’s existing insurance policy.
Council directed staff to prepare a report recommending approval for the
next Council Meeting on September 4’-: 2012.
(u) Lindsay Mffls, Planner re: Comprehensive Zoning By-law for Township of South Frontenac: 2012 Housekeeping By-law
Lindsay Mills addressed the need to pass a housekeeping by-law for the Comprehensive Zoning By-law for the Township of South Frontenac. The By-law is required to more fully implement the policies of the Official Plan. There are a number of minor errors/omissions in the by-law. In order to correct these errors and omissions and to clarify certain wording, an amending by-law must be passed that deals with each and every proposed correction (informally termed a “housekeeping by-law”). The changes to the text of the By-law are mostly to make two major corrections:
- apply zoning to all lakes and water bodies to prohibit floating boathouses and permanent house boats on the lakes
correct the wording in the Recreational Resort Commercial zone to no longer permit existing structures located within the 30 metre
setback to be reconstructed at that location and be enlarged. The general objective of the changes is to bring the By-law further into conformity with the intent of the Official Plan to maintain the rural character of the lakes and to keep all development well set back from the lakes.
Lindsay Mills presented a Ust of the changes to the Committee for review and discussion. These changes will be brought forward to Council in the form of an amending by-law. Council discussed the changes at length. Various comments from Council and responses from Mr. Mills were as follows:
Do we have a physical inventory of what road allowances are open and those that are not open? Mr. Mills responded that yes we do and our Official Plan shows this.
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There is ambiguity around accessory buildings. Mr. MMs agreed that section is not written clearly, however, the proposed changes will add clarity.
Reference to 5% of the lot area is arbitrary. Mr. Mms responded that 5% of the lot area applies to any lot no matter the size.
Environmental Protection (EP) designation will create confusion.
The wording needs to be tightened up. Council agreed the wording
was confusing. Mr. MUls responded that we may have to hold a Public Open House followed by a Public Meeting with respect to all changes.
There _ was discussion about rules applying to camp owners rebuilding. Mr. Mills responded that rebuilding can occur and can be as large as they want. Council recognized and commended Mr. Mills for all of the work that
had been completed on registering all sites in resorts. It was noted, however, that the wording needs to be clarified so that it is clear that
rebuilding is acceptable as long as it is on the same footprint. Wording is confusing with respect to the sections regarding campgrounds, i.e. “trailer sites vs. tourist sites.” Wording should be consistent. .
There are inconsistencies with respect to Recreational Resort Commercial Zones. Mr. Mills explained that a different number of docks are permitted depending on whether the property is zoned commercial or residential. He added that the Ministry of Natural Resources would be involved if docks are
used
recreational/commercial use.
There was a question about deeded access from a public lane and a neighbour’s property. Mr. Mills advised that deeded access allows
the use of a neighbour’s property to get to another property. There was a question about various zoning by-laws. Mr. Mills advised that every resort has its own specific zone which dictates what is permitted. 7. Reports for Information (i)
Louise Fragnito, Treasurer, re: Reserves Policy
Louise Fragnito advised that the Corporate Services Committee has been
reviewing the existing listing of reserves to prepare for presentation to Council, a draft reserve policy as weU as reviewing the existing reserve structure. The Corporate Services Committee has developed a proposed revised format consolidating the listing from 45 to 30 reserves with a projected 2012 year-end balance of $13,937,888.
Pending feedback from Council, this mil be brought forward to the September th 18 , 2012 meeting for adoption.
Ms. Fragnito thanked the Corporate Services Committee for all of their work on
this policy. Councillor Stowe thanked Ms. Fragnito for her excellent work.
for
Minutes of Committee of the Whole
September 11th, 2012 (i)
Louise Fragnito, Treasurer, re: Municipal Property Assessment Corporation (MPAC)
Louise Fragnito advised that throughout the spring and summer of 2012, MPAC has been gathering new assessment information. MPAC will once again,
be usmg a phased-in approach to any increase in property assessment by spreading the increase over four years, 2013 to 2016. This fall MPAC will be mailing nearly five million Property Assessment Notices. The notices will
contain updated assessments as of January 1, 2012. Municipalities and Taxing Authorities will use this information for local taxation in 2013. The expected mail out for South Frontenac is September 13th, 2012. (ii)
Louise Fragnito, Treasurer, re: 2012 Year-to-date Financials to July 31st, 2012.
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Louise Fragnito presented the year to date financials to July 31st with a
comparison to year to date budget as well as a column which reflects the total 2012 budget.
Budget to actual variances are primarily due to timing. Under revenues, our supplementary taxation is greater than was anticipated at budget time. Under expenses, the water system expenses are over budget year to date as the insurance costs allocated were higher than anticipated.
With the implementation of our new financial system, it is expected that the year to date fmancials will be presented on a quarterly basis.
(iii) Lindsay Mms, Planner, re: High School Development, Verbal Report Lmdsay IVUUs gave a verbal report on the Sydenham High School Development. The school is to be expanded through the purchase of two residential lots. The expansion plans will incorporate a new theatre, food service classroom, gymnasium, and computer lab.
Concerns were expressed regarding the expansion decreasing parking space. Some felt this would not be a negative outcome since it would be better if
students walked to school or took the bus instead of driving their own vehicles. 8.
Rise and Report .
Cataraqui Region Conservation Authority
Councillor McPhail advised the Source Water Protection Plan has been
submitted to the Ministry of the Environment for comment. .
Rideau Valley Conservation Authority
Councillor TinUn had nothing to report. .
Quinte Conservation Authority
Councillor Robinson advised that there was an emergency meeting for Level 3 Low Water Condition. He added he was pleased to report that
South Frontenac’s participation is a steady Level 2 and will not go up. .
Portland Historical Society
Deputy Mayor McDougalI reported that there is no public access yet, however, members are very happy to have storage for their collection.
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Minutes of Committee of the Whole
September llul,th 2012
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Information Items
(i)
Bedford Public Open House Waste Disposal Site Notes - August 21st, 2012
Councillor Tmlin said there was a lot of dialogue. He suggested it might be helpful to have the recommendations summarized into one page and according to theme. Mr. Segsworth said he agreed this would be useful
and he will discuss this at the next Public Services Committee meeting. The notes have been placed on the website. (ii)
Portland Public Open House Waste Disposal Site Notes August 22nd, 2012
The notes have been placed on the website.
(iii) Joint Lake Associations Meeting Notes, August 30th, 2012 A summary of recommendations according to theme was recommended, and it was suggested that the notes be placed on the Township website. 10.
New Business
(i)
Councillor Stowe said that he did not vote correctly on the Asselstine
severance application at the last Council Meeting on September 4th, 2012. He asked if Council would support him through a two thirds vote m bringing this up again for a vote. He said he did not understand sufficiently the issue of commercial severance and would like to see the matter brought back to the next Council meeting for discussion and another vote.
Council directed staff to bring the matter back to the next Council Meeting through a Notice of Motion. (ii)
Councillor Vandewal raised a concern about Rutledge Road and road preservation. He said there are major cracks in a section(s) of the road. He asked if our budget would allow this work to be done in the near future. Mr. Segsworth responded that the cracks in question have deteriorated to the point that they need to be fixed and not just resurfaced.
(ui) Councillor Vandewal said that five Councillors visited the Storrington property, a portion of a 72 acre parcel ot land located behveen Washbum
Road and Sunbury Road, for which an application has been made to change the designation of the western half of the property (approximately 36 acres) from “Agricultural” to “Rural.” He said he felt it would be advisable for all members of Council to see the property before it comes back to Council for a vote.
(iv) Councillor Robinson asked about Maple Drive Lane re a garage erected on a lot that was not large enough. Mayor Davison advised that there has not been any further information on this matter, and noted that our Chief Building Official says it conforms.
(v) Councillor Robinson asked about activity on Notre Dame Street. Mr.
Segsworth said the homeowner said he no longer has access to his backyard and doesn’t have an entrance. Mr. Segsworth will continue to follow up. (vi) Councillor Robinson raised the issue of the closing of the Harrowsmith Post Office and the location selected for the group mailboxes.
Minutes of Committee of the Whole
September 11th, 2012
- Closed Session (if requested)
- Adjournment
There being no further items, the meeting adjourned at 9:27 p.m.
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