Body: Council Type: Minutes Meeting: Regular Date: June 5, 2018 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council June, 5, 2018 Time: 6:00 PM Location: Council Chambers
Meeting # 14 Present: Mayor Ron Vandewal, Pat Barr, Brad Barbeau, John McDougall, Alan Revill, Norm Roberts, Mark Schjerning, Ron Sleeth, Ross Sutherland Staff: Wayne Orr, Chief Administrative Officer, Lindsay Mills, Planner, Mark Segsworth, Public Works Manager, Louise Fragnito, Treasurer, Darcy Knott, Fire Chief. Angela Maddocks, Deputy Clerk. 1.
Call to Order
a)
Resolution Resolution No. 2018-14-01 Moved by Councillor Barr Seconded by Councillor Roberts THAT the Council meeting of June 5, 2018 be called to order at 6:00 p.m. Carried
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations.
Approval of Agenda
a)
Resolution Resolution No. 2018-14-02 Moved by Councillor Roberts Seconded by Councillor Barr THAT Council approve the agenda for the June 5, 2018 by changing the order and allowing the “Declaration of Office for Deputy Mayor” to be administered after the closed session and to allow for an additional verbal report from the Public works Manager regarding the Harrowsmith Intersection Project under “Reports Requiring Action” - 11 (g) Carried
Scheduled Closed Session
a)
Litigation, Property Acquisition and approval of previous closed session minutes Resolution No. 2018-14-03 Moved by Councillor Barr Seconded by Councillor Roberts THAT Council move into closed session to discuss, litigation, property acquisition and to approve previous closed session minutes. Carried
b)
Previous Closed Session Minutes - February 20, 2018
c)
Litigation - Verbal Report from Solicitor re: Johnston Point
Minutes of Council June, 5, 2018 d)
Property Acquisition
e)
Move out of Closed Session Resolution No. 2018-14-05 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council move out of closed session. Carried
Declaration of Office for Deputy Mayor
a)
Alan Revill was sworn in as the next Deputy Mayor
Rise & Report from Closed Session
a)
Property Acquisition Resolution No. 2018-14-06 Moved by Deputy Mayor Revill Seconded by Councillor Barbeau THAT Council authorize the Mayor and Clerk to purchase Parts 1, 2 and 3, Block Q, Registered Plan 50, Village of Sydenham, from Wayne and Karen Andrews in the amount of $26,000 plus legal fees, subject to normal conditions and confirmation of the status of part 4, AND THAT Council budget the purchase to be funded from the Parkland Reserve. Carried
***Recess - reconvene at 7:00 p.m. for Open Session
Delegations
a)
Howard Allan & Associates - Auditors Howard Allan reviewed the financial statements included in the agenda package He commended the township for the exemplary financial management and that 2017 had been a good year for South Frontenac. In response to inquiries from Council he noted that South Frontenac has healthier reserves and a competitive tax rate that is at the lower end of comparable municipalities. He acknowledge the challenge that townships like South Frontenac are being penalized for being good stewards as they aren’t qualifying for any funding from the provincial and federal governments. Resolution No. 2018-14-07 Moved by Councillor Roberts Seconded by Councillor Barr THAT Council accept the 2017 Financial Statements as presented by Howard Allan & Associates. Carried
b)
Staff Sergeant Sharron Brown Staff Sergeant Sharron Brown attended to address concerns about the speeding of OPP vehicles. She presented an overview on the Highway Traffic Act and the appropriate driving practices for the general public and those of emergency vehicles such as OPP cruisers. She noted that a member is always accountable for their driving behaviour and speed limits are monitored on police vehicles through GPS. The consistent messaging is to get to a call
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Minutes of Council June, 5, 2018 safely. Staff Sergeant Brown encouraged Council to contact her with any concerns they may have. Councillor Barbeau appreciated the insight provided with respect to the speeding of OPP vehicles. He has received positive feedback from constituents who have seen improvements. Councillor Schjerning asked if there is any automatic reporting or data collection for excessive speeds and if there were guidelines for when officers engage the warning systems. Staff Sergeant Brown noted that there are over 6000 cruisers province wide and the challenge is to get “real time” data. She noted that it would be difficult to defend speeding without the use of lights and sirens. Mayor Vandewal thanked her for her presentation and noted that like township vehicles, the OPP are always visible and therefore open to receive more concerns and criticism. c)
Terry Sauve, re: Bell Rock Community Hall request to become a Committee of Council Terry Sauve provided an overview on the background of the Bell Rock Community Hall and how it has evolved over the last 70 years to be a low cost affordable venue for local events, and programming. The hall is run entirely by volunteers It has become increasingly difficult to keep up with the monthly operational costs. Council was supportive of the request for the Bell Rock Hall Community group to become a committee of Council. A by-law will be prepared for the June 19 Council meeting.
Public Meeting
a)
Motion to Open Public Meeting Resolution No. 2018-14-08 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT a public meeting be held to discuss planning matters related to: • Zoning Amendment for Concession VII, Part of Lot 33, Bedford • Zoning Amendment for Concession V, Part of Lot 6, Portland • Zoning Amendment for Concession XI, Part of Lot 19, Portland • Zoning Amendment for Concession III, Part of Lot 20 Storrington • Zoning Amendment for Concession VIII, Part of Lot 15, Storrington Carried
b)
Special Zoning for Existing Lot, Concession VII, Part of Lot 33, Bedford District: Cooper Lindsay Mills reviewed his report with Council outlining that the property is a vacant 0.6 acres parcel that has 203 feet of frontage on Badour Road. The property does not have waterfrontage but a shallow extension of Bob’s lake forming a wetland or bog approximately 50 feet from the front property line. Site visits to the property by the Health Unit and Conservation Authority and Mr. Mills determined that there is no proper building envelope/septic location on the site due to its steepness and permanent wetness. He recommended denial of this rezoning as the Official Plan advises against development on land that is subject to flooding and erosion or other physical hazards and where no building envelope can be identified.
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Minutes of Council June, 5, 2018 Mayor Vandewal asked if the applicant owns both of the parcels and if South Frontenac would have any use for the road allowance that runs between the two parcels. Mr. Mills indicated the the road allowance is used by others to access their property and that the township owns this portion, however the applicant, Mr Cooper disagreed with the ownership indicating he has been paying taxes on this part. Mr. Cooper explained that he has met with Joanne McGurn who determined this portion was a wetland but that it had rained 3 days previous to her visit. He suggested that ditching along Fairhaven Lane would alleviate the water flow onto his property and he does not believe it is wetland. Deputy Mayor Revill indicated that he had not had the opportunity to visit the site and asked if there is still an opportunity to look at the property again with Councillor Barr and to determine if there is another suitable area on the property. He requested that any decision be deferred until June 19. Councillor Schjerning questioned the approval of this rezoning given that the health unit has indicated there is no area suitable for building; does this not end speculation for approval? Mr. Mills quoted the Official Plan which states that development should not occur when there is no suitability for a septic system and therefore the rezoning should not be approved. Staff were directed to confirm the ownership of the road allowance between the two parcels. c)
Zoning Amendment for Proposed Commercial Development, Concession V, Part of Lot 6, Portland: Kerr Lindsay Mills explained that the purpose of this rezoning is to permit commercial uses to establish on a proposed new 6 acre parcel of land located in the village of Harrowsmith that would have 203 feet of frontage on Road 38 and 745 feet frontage on Alton Road West. The rezoning would also apply to a lot addition from the same parent parcel that would add 1.9 acres onto a previously approved 2 acre commercial lot fronting on Road 38. The prospective new owner of this expanded lot intends to relocate his existing meat shop here that is presently located in a commercial plaza approximately 200 metres to the south. All agencies commented favourably at the consent stage, the proposal meets the intent of the Official Plan and a site plan agreement will be required to be registered on title of the property. Councillor Barbeau was supportive of the application noting it would be a great development within the hamlet. Councillor Sutherland was concerned about commercial development on one side of the highway and residential on the other. He suggested that we look at sidewalks and a safe crossing between these two areas. He asked how this could be accomplished. Mr. Mills explained that there could be a “secondary plan” for the hamlet that would have special detailed policies to address this. He noted that the commercial entrance for this development will be directly across from Centennial Park Road. Councillor Sleeth supported moving forward with this application and looking at a secondary plan later.
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Minutes of Council June, 5, 2018 Mayor Vandewal noted that the Public Works Department is looking at this corridor and could incorporate upgrades with other work scheduled. There were no comments from the public. d)
Zoning Amendment for Single Detached Dwelling, Concession XI, Part of Lot 19, Portland: McPherson Lindsay Mills explained that the purpose of the rezoning is to permit a single detached dwelling to be constructed closer to the waterbody than the normally required 30 metres. The subject land is located on First Lake Road just north of the boundary of the hamlet of Bellrock, it has approximately 163 metres of waterfrontage on Depot Creek and is 8.87 acres in size. It is proposed that the dwelling will be located at distance of 23 metres from the creek instead of the present minimum requirement of 30 metres. This setback is intended to minimize environmental and visual lake impacts by reducing phosphorus inputs. From his planning perspective Mr. Mills feels this meets the intent of the Official Plan because the building would be located on the back slope of the ridge of the bedrock that is located between the creek and the proposed building site. Councillor Sutherland was concerned with the grandfathering within 30 metres and felt Council should try to be supporting a 30 metre setback. He was not suggesting that this particular application be denied and referenced the OMB case with the same scenario. Councillor McDougall felt the adjustments were appropriate and was supportive of the rezoning. There were no comments from the public.
e)
Zoning Amendment for Expanded Commercial Development, Concession III, Part of Lot 20, Storrington: Fillion/Gibson The purpose of this application is to permit a portion of land to be used for commercial use and is a condition of a consent application for a lot addition that would add approximately 2.5 acres onto an existing commercial property that is only one acre in size in the village of Inverary. The portion to be added is part of a large land holding of approximately 44 acres. A drainage swale defines the proposed north lot line where the land would be divided from the larger acreage. The existing commercial auto repair and sales operation fronts on Perth Road at the intersection of Latimer Road within the built up area of Inverary. At only one acre in size the lot constrains the use and the applicant has indicated that he would like to construct an additional building for storage and other auto repair related uses. Mr Mills indicated that from a Planning perspective the proposal meets the intent of the Official Plan in terms of the type of use and compatibility and that all agencies commented favourably at the time of the consent application stage. Deputy Mayor Revill asked if a site plan would be done to include a buffer considering the abutting residential properties. Councillor Sleeth also questioned the contents of the site plan and agreed that this would improve the overall appearance. Lindsay Mills explained that there are existing trees and shrubs but further restrictions can be included on the existing parcel. Mayor Vandewal noted that residents did express concerns but feel they have
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Minutes of Council June, 5, 2018 been addressed. This would be a visual improvement. Sandra Hugo, 4737 Latimer Road, asked for more information on the proposed buffer. Lindsay Mills explained that the applicant will need to submit a detailed plan that will include the loading area, garbage storage that will be compatible with the neighbourhood. The buffer could be trees or earth and berm. Council will be presented with the detailed plan before it is approved. f)
Zoning Amendment for Expanded Residential Lots, Concession VIII, Part of Lot 15, Storrington: Briscoe Lindsay Mills explained that this application will permit three portions of land that were the subject of lot additions to be used as part of the residential uses of the land they are being added to. Two of the lot additions take land from the large parent parcel that is used as a resort that is zoned Special Recreational Resort Commercial and permits three 2 bedroom rental cottages and two 3 bedroom rental cottages. The other lot addition removes land from a large waterfront residential lot and the resort lot to make up a new residential parcel. A new lot is to be created that meets the Official Plan’s minimum standards and the other two undersized parcels are to be improved in terms of their compliance and viability to function. All agencies commented favourably at the consent application stage. Councillor Sleeth indicated he had looked at the property and he felt this improves the lots significantly. There were no comments from the public.
g)
Motion to Close Public Meeting Resolution No. 2018-14-09 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT an opportunity having been provided, the public meeting be closed. Carried
Approval of Minutes
a)
Minutes of May 15, 2018 Council Meeting Resolution No. 2018-14-10 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council approves the minutes of the May 15, 2018 Council meeting. Carried
Business Arising from the Minutes
a)
Johnston Point - Plan of Condominium Agreement See By-law 2018-34
b)
Notice of Motion - Keys for Cleaners of Township Halls Resolution No. 2018-14-11 Moved by Councillor Sleeth Seconded by Councillor Sutherland Whereas, most Township Halls are maintained under contract to the Township and those cleaners have keys to those Halls, and,
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Minutes of Council June, 5, 2018 Whereas, some groups that use some Halls still have keys to access those halls, and Whereas, the routine cleaning of Harris Hall is paid for by the Perth Road Crafters and their key to the Hall has been taken away, Therefore, be it resolved that the Perth Road Crafters be given a key to Harris Hall for their routine cleaning of the Hall until the Township has adopted a policy for the scheduling and maintenance of Township recreational facilities and it is applied Township wide. Carried c)
Peggy Newport and Janet Van Neidek were in attendance and submitted their concerns about how the Harris Park Hall is booked. They indicated that Leland Helping Hands and Perth Road Crafters have supplied furniture for the hall and provided supplies to the hall and would like to have access to a key.
Reports Requiring Action
a)
Vehicle Replacement for Fire Chief Resolution No. 2018-14-12 Moved by Deputy Mayor Revill Seconded by Councillor Sutherland THAT Council approves the recommended changes to the type of vehicle required by the Fire Chief. Carried
b)
Temporary Speed Hump Criteria Resolution No. 2018-14-13 Moved by Councillor Sutherland Seconded by Councillor Barbeau THAT the criteria be amended to remove “minimum 200 metres from intersection”. Carried Resolution No. 2018-14-14 Moved by Councillor Barbeau Seconded by Deputy Mayor Revill THAT Council approve the criteria listed in the Report dated June 5, 2018 for the installation of temporary speed humps as amended. Carried
c)
Updated Financials on Storrington Centre Renovations & Glendower Accessible Entrance & Steps Resolution No. 2018-14-15 Moved by Councillor Deputy Mayor Revill Seconded by Councillor Sutherland THAT Council reallocate $25,000 from the Storrington Centre Renovations project budget to the Glendower Accessible Entrance budget, bringing the total budget for the Glendower project to $91,742, AND THAT Council acknowledge the revised cost for the Storrington Center project at $266,547. Carried
d)
Winter Control Plan
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Minutes of Council June, 5, 2018 The Public Works Manager commended Brian Kirk for the work done to complete this plan. Council felt this was a very useful document that clearly establishes the winter control plan. Resolution No. 2018-14-16 Moved by Councillor Sutherland Seconded by Councillor Revill THAT Council approve and endorse the attached Winter Control Plan dated May, 2018 as the basis for the Township of South Frontenac’s winter maintenance activities, AND that this plan be recognized as a living document with an updated plan presented to Council every 4 years. Carried e)
Interim Planning Services Resolution No. 2018-14-17 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council direct the CAO to engage the County of Frontenac for Interim Planning Services in accordance with the provision of the adopted Shared Services Model, And direct staff to further utilize the Recruitment Agency for the Planner position. Carried
f)
Main Street Funding See By-law 2018-35.
Committee Meeting Minutes
a)
Loughborough Canada Day Committee meeting held April 18, 2018
b)
Loughborough Recreation Committee meeting held April 30, 2018
c)
Heritage Committee meeting held March 26, 2018 Resolution No. 2018-14-18 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council receives for information the minutes of the following committee meetings: • Loughborough Canada Day Committee meeting held April 18, 2018 • Loughborough Recreation Committee meeting held April 30, 2018 • Heritage Committee meeting held March 26, 2018 Carried
By-laws
a)
By-law 2018-34 - Johnston Point - Plan of Condominium Agreement Resolution No. 2018-14-19 Moved by Councillor Roberts Seconded by Councillor Barr THAT the following by-laws be given first and second reading: • By-law 2018-34 • By-law 2018-35
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Minutes of Council June, 5, 2018 Carried Resolution No. 2018-14-20 Moved by Councillor Sutherland Seconded by Councillor Schjerning THAT the Condominium Agreement not be registered until after the MNRF has finished their work and the process has come to a conclusion and the agreement has been amended to include the details of the benefit permit. Carried Resolution No. 2018-14-21 Moved by Deputy Mayor Revill Seconded by Councillor Barbeau THAT By-law 2018-34, being a by-law to authorize the Mayor and the Clerk to execute a condominium agreement between the Corporation of the Township of South Frontenac and Magenta Waterfront Development Corporation and 1324789 Ontario Inc. for development at Johnston Point, be given third reading, signed and sealed. Carried b)
By-law 2018-35 - Main Street Funding Agreement Resolution No. 2018-14-22 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT By-law 2018-35, being a by-law to authorize the execution of the Municipal Funding Agreement for Ontario’s Main Street Initiative, be given third reading, signed and sealed. Carried
Reports for Information
a)
Accounts Payable and Payroll Listing
b)
Annual Lake Association Meeting - August 23, 2018
Information Items
a)
Comments from Meela Melnik-Proud, Evonne Potts, Matt Rennie and Sarah Harmer re: Draft Condominium Agreement for Johnston Point Development
b)
Comments regarding Draft Condominium Agreement for Johnston Point Development from Helen Bartsch
c)
New Leaf Link Open House & Fundraiser - June 7, 2018 at 11:00 am
Notice of Motions - n/a
Announcements/Statements by Councillors
a)
Councillor McDougall commended Councillor Sleeth on the tribute he gave at the memorial service held for the late Larry York.
b)
Councillor Sutherland requested that the Planning Department provide an update on the status of outstanding works for the Morgan Subdivision in Sydenham.
c)
Mayor Vandewal reminded Council that there will be no Committee of the Whole meeting on June 12.
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Minutes of Council June, 5, 2018 d)
Councillor Schjerning requested clarification on the start time for the June 19 meeting, given there is a closed session scheduled as well as the annual Volunteer Recognition ceremony. The CAO confirmed that the meeting with start at 5:00 pm with the closed session.
Question of Clarity (from the public on outcome of agenda items) - n/a
Closed Session - n/a
Confirmatory By-law
a)
By-law 2018-36 Resolution No. 2018-14-23 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT By-law 2018-36, 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 5 day of June, 2018. Carried Resolution No. 2018-14-24 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT By-law 2018-36, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given third reading, signed and sealed this 5 day of June 2018. Carried
Adjournment
a)
Resolution Resolution No. 2018-14-25 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT the Council meeting of June 5, 2018 be adjourned at 9:20 pm. Carried
Ron Vandewal, Mayor
Wayne Orr, Chief Administrative Officer
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