Body: Council Type: Minutes Meeting: Regular Date: September 1, 2020 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council September, 1, 2020 Time: 6:00 PM Location: Electronic Participation/Council Chambers
Meeting # 20 Present in Council Chambers: Mayor Ron Vandewal, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff Present in Council Chambers: Neil Carbone, - Chief Administrative Officer, Claire Dodds, - Director of Development Services, Louise Fragnito - Director of Corporate Services and Treasurer, Darcy Knott - Director of Fire and Emergency Services, Mark Segsworth - Director of Public Services, Angela Maddocks - Clerk. 1
Call to Order/Roll Call
a)
Resolution The Clerk conducted the roll call as noted above. In the Closed Session meeting all of the Council members listed were in attendance including Claire Dodds and Tony Fleming, Neil Carbone and Angela Maddocks. Resolution No. 2020-20-01 Moved by Councillor Leonard Seconded by Councillor Roberts That the Council meeting of September 1, 2020 be called to order at 6:05 p.m. Carried
2
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations reported.
3
Approval of Agenda
a)
Resolution Resolution No. 2020-20-02 Moved by Councillor Revill Seconded by Councillor Ruttan That the agenda for the September 1, 2020 Council meeting be approved as presented. Carried
4
Scheduled Closed Session
a)
Recommendation - Move into Closed Session - As permitted by the Municipal Act, Section 239.2 to discuss items related to (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose and to approve minutes of previous closed session meetings. Resolution No. 2020-20-03 Moved by Deputy Mayor Sutherland Seconded by Councillor Morey
Minutes of Council September, 1, 2020 That Council move into closed session, as permitted by the Municipal Act, Section 239.2 item (f), related to advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Johnston Point Vacant Land Plan of Condominium) and to approve minutes of previous closed session meetings. Carried b)
Johnston Point Vacant Land Plan of Condominium
c)
Approval of previous Closed Session minutes - July 14 and August 11
d)
Resolution - Adjourn Closed Session Resolution No. 2020-20-05 Moved by Councillor Ruttan Seconded by Councillor Revill That Council moved out of closed session. Carried
5
***Recess - reconvene at 7:00 p.m. for Open Session
6
Delegations
a)
Howard A. Allan, Allan and Partners, re: 2019 Draft Financial Statements Howard Allan connected virtually and provided a review of the 2019 Draft Financial Statements with specific reference to the Statement of Operations, Net Financial Assets (close to being $17 million at year end) tangible capital asset value and the five year financial review comparison. The tax arrears have decreased over this time. He indicated that the financial condition of South Frontenac is very solid. Mayor Vandewal commended Council and staff on solid financial planning. Resolution No. 2020-20-06 Moved by Councillor Morey Seconded by Deputy Mayor Sutherland That Council accept the 2019 audited financial statements as presented. Carried
b)
Jackie Van Houten and Annette Burfoot, re: Buffy Lake/Meredith Lane Culvert Herman Van Houten reviewed his presentation that was included in the agenda package outlining his concern with respect to the historical lake elevations on Buffy Lake and discussions between the township and Quinte Conservation staff. Both Herman and Jackie Van Houten expressed their concern about the impact of water levels and the function of the culvert. There were a number of questions that they requested answers to and Council assured them that responses to these questions will be included as an information item in a future council agenda. Neil Carbone explained that while residents may not agree with the township’s approach, he clarified that staff at Quinte Conservation have indicated in recent correspondence that the culvert is at the height related to the historical height it would have been in 2012. He noted that it is Quinte Conservation who establishes the height and it is not a council decision to change or adjust it and that township staff will not go in without approval from Quinte Conservation. Councillor Revill inquired about the status of the lane and who is responsible for maintenance.
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Minutes of Council September, 1, 2020 Mark Segsworth noted that this portion of the road is not assumed by the township. The reason for township involvement ten years ago was to seek a location for a dry hydrant for fire services and agreed at that time to replace the culvert on behalf of the Buffy Lake Association in return for putting a dry hydrant there. All work done there has been in conjunction with the conservation authority. Neil Carbone noted that it is acknowledged that water levels have changed in this area over the years and that the Conservation Authority feels it is at the appropriate height. Mr. Van Houten felt that in 2017 Quinte Conservation set the high water level at 43.5 inches and if the level were to be measured today, that one will find that the culvert is 12 inches lower than the benchmark set out by the conservation authority. He felt that the guidelines set out have not been followed as the measurement is now at 57.5 inches and that it has not been done properly. Mayor Vandewal once again indicated that if Quinte Conservation request the township to lower it then that will be done. Annette Burfoot, a new owner in the area of property that fronts on Buffy Lake and has viewed the culvert and noted that there are visible signs on the shoreline that the water level is remarkably lower. She felt it was not clear as to what Quinte Authority had set as a certain height and that this has been followed. She asked for a copy of the letter from the Conservation Authority stating that the levels are the same as what they were in 2014. Mr. Carbone felt that a copy of this could be obtained for Ms. Burfoot as staff and the Van Houten’s have received this in writing. He reiterated that the township cannot simply make a change to the culvert height which is at the historical height established in 2012. Mrs. Van Houten referred to the most recent letter from Quinte Conservation where they seemed to be back and forth on their decision and that the township was not included in the documentation. She questioned why the conservation recommendations were not followed in 2017. Mr. Carbone indicated that staff will do their best to respond to the questions posed by the Van Houten’s. 7
Public Meeting - not applicable
8
Approval of Minutes
a)
August 11, 2020 Council Meeting Resolution No. 2020-20-07 Moved by Councillor Morey Seconded by Councillor Sleeth That Council approves the minutes of the August 11, 2020 Council meeting. Carried
9
Business Arising from the Minutes
a)
Notice of Motion - Benefit Permit - Johnston Point
Mayor Vandewal requested a recorded vote on the amended motion Resolution #2020-20-09 with results indicated below.
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Minutes of Council September, 1, 2020 Council Member Pat Barr (absent) Ray Leonard Doug Morey Alan Revill Norm Roberts Randy Ruttan Ron Sleeth Ross Sutherland Ron Vandewal
Yes
No X
X X X X X X X
A tie vote indicates the motion was not carried. Resolution No. 2020-20-08 Moved by Deputy Mayor Sutherland Seconded by Councillor Ruttan WHEREAS the July 19, 2019 order from Justice Hurley in the Ontario Superior Court of Justice authorizes Magenta Waterfront Development Corp. (“Magenta”) to release the unredacted benefit permit to municipal officials of South Frontenac who require it in order to assess the application for the extension of time for draft plan approval or for any other valid reason, but not to the public, AND WHEREAS one of the parties to that decision had concerns about the benefit permit’s disclosure, even though the judge concluded that those concerns were unfounded, AND WHEREAS Section 239 (2)(i) of the Municipal Act provide that: “a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization”, AND WHEREAS, in light of the concerns expressed in that decision, even if unfounded, Section 239 (2)(i) permits Council to review a document supplied in confidence from Magenta pursuant to the court restriction restricting access to the permit by the general public, AND WHEREAS South Frontenac Municipal Council has a statutory obligation to vote on the condominium agreement for the Johnson’s Point development which includes incorporating the details of the benefit permit, and AND WHEREAS if the condominium is approved, knowledge of the benefit permit’s contents is important for approval of site plans, also a Council responsibility, AND WHEREAS Township staff and legal counsel possess an unredacted copy of the benefit permit provided by Magenta, AND WHEREAS Council requires access to the unredacted benefit permit in order to fulfil its statutory duties, THEREFORE, BE IT RESOLVED THAT Township Council be provided an unredacted version of the benefit permit for species at risk on Johnson’s Point available to be reviewed in camera before the vote is taken on the Johnson’s Point Condominium Agreement.
Resolution No. 2020-20-09 Moved by Deputy Mayor Sutherland Seconded by Councillor Ruttan AMENDMENT “….THEREFORE, BE IT RESOLVED THAT Township Council be provided an unredacted version of the benefit permit for species at risk on Johnson’s Point available by Magenta Waterfront Development Corporation to be reviewed in camera before the vote is taken on the Johnson’s Point Condominium Agreement”.
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Minutes of Council September, 1, 2020 Motion as Amended - Lost - (Recorded vote results indicated above) b)
South Frontenac Fire and Rescue - Updated Fleet Replacement Schedule The Director of Fire and Emergency Services spoke to the current plan and the proposed plan outlining the anticipated cost savings over the next 10 years.
10
Reports Requiring Action
a)
Garbage & Recycling Collection Contract - Update Resolution No. 2020-20-10 Moved by Councillor Sleeth Seconded by Councillor Revill That Council approve a contract extension with Percy Snider Sanitation for Garbage and Recycling Collection at a rate of $62.50/household to collect garbage and $62.50/household to collect recyclables for a three-year term effective September 1, 2020, with a one-year renewal option in accordance with the additional terms outlined in this report. Carried
b)
Rezoning of Concession 8, Part of Lot 7, 2529 Devil Lake Road - Stephen Leone-Ganado and Julie Otis See By-law 2020-43
c)
Site Plan Agreement - Addition to Seasonal Dwelling - Buck Lake, Concession 13, Part Lot 4, 467 MacComish Lane See By-law 2020-44
d)
Extension of Recreation Committee Appointments Resolution No. 2020-20-11 Moved by Councillor Roberts Seconded by Councillor Morey That Council approve the extension to the term of those members of the public and Council that were appointed to the Community Programming and Events committee and the Recreation and Leisure Facilities Committee by By-law 201949 to November 30, 2022;
Resolution No. 2020-20-12 Moved by Deputy Mayor Sutherland Seconded by Councillor Ruttan AMENDMENT And that the committee structure and progress of these committees be reviewed in September 2021. Carried Resolution No. 2020-20-13 Moved by Councillor Roberts Seconded by Councillor Morey THAT Council approve the extension to the term of those members of the public and Council that were appointed to the Community Programming and Events Committee and the Recreation and Leisure Facilities Committee by By-law 201949 to November 30, 2022; And that these committee structures and progress be reviewed in September 2021.
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Minutes of Council September, 1, 2020 Carried (as amended) 11
Committee Meeting Minutes
a)
Public Services Committee meeting held February 20, 2020
b)
Bellrock Community Hall Committee meeting held July 16, 2020 Resolution No. 2020-20-14 Moved by Councillor Roberts Seconded by Councillor Leonard That Council receives for information the minutes of the following committee meetings: • Public Services Committee meeting held February 20, 2020. • Bellrock Community Hall Committee meeting held July 16, 2020. Carried
12
By-laws
a)
By-law 2020-43 - Rezone Concession 8, Part Lot 7, 2529 Devil Lake Road Resolution No. 2020-20-15 Moved by Councillor Morey Seconded by Councillor Sleeth That the following by-laws be given first and second reading: • By-law 2020-43 • By-law 2020-44 Carried Resolution No. 2020-20-16 Moved by Councillor Revill Seconded by Councillor Roberts That By-law 2020-43, being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural to Waterfront Residential – Special Exception (RW-46) on lands described as 2529 Devil Lake Road, Part of Lot 7, Concession 8, District of Bedford, be given third reading, signed and sealed. Carried
b)
By-law 2020-44 - Site Plan Agreement - Andrew Atkinson & Elizabeth Smith 467 MacComish Lane Resolution No. 2020-20-17 Moved by Councillor Ruttan Seconded by Deputy Mayor Sutherland That By-law 2020-44, being a by-law to authorize the Mayor and the Clerk to execute a Site Plan Agreement between the Corporation of the Township of South Frontenac and Andrew Atkinson and Elizabeth Smith, be given third reading, signed and sealed. Carried
13
Reports for Information
a)
Indoor Municipal Facility Re-opening
b)
Tender No. PS-2020-19 - High Falls Culvert Replacement
c)
Work from Home Policy
14
Information Items - not applicable
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Minutes of Council September, 1, 2020 15
Notice of Motions - not applicable
16
Announcements/Statements by Councillors
a)
AMO Award Presentation - Private Lane Assistance Program
b)
Councillor Sleeth noted the discussions at the August 26 Public Services Committee meeting regarding the fact that there is no longer a market for bale wrap and that it continues to pile up at the Household Hazardous Waste Facility. Mark Segsworth agreed to bring a report back to the committee for options.
c)
Councillor Revill shared the invitation from the Buck Lake Association to attend their virtual meeting on September 15 which is the same night as the next Council meeting.
d)
The CAO reported that the September 8, 2020 Committee of the Whole meEting will be cancelled as there are not any reports anticipated for this meeting from senior staff.
17
Question of Clarity (from the public on outcome of agenda items) - none
18
Closed Session - not applicable
19
Confirmatory By-law
a)
By-law 2020-45 Resolution No. 2020-20-18 Moved by Deputy Mayor Sutherland Seconded by Councillor Roberts That By-law 2020-45, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given first and second reading this 1 day of September, 2020. Carried Resolution No. 2020-20-19 Moved by Councillor Leonard Seconded by Councillor Ruttan That By-law 2020-45, being the confirmatory by-law, be given third reading, signed and sealed this 1 day of September, 2020. Carried
20
Adjournment
a)
Resolution Resolution No. 2020-20-20 Moved by Councillor Revill Seconded by Councillor Leonard That the Council meeting of September 1, 2020 be adjourned at 8:23 p.m. Carried
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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