Body: Council Type: Minutes Meeting: Regular Date: February 6, 2018 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council February, 6, 2018 Time: 7:00 PM Location: Council Chambers
Meeting # 3 Present: Mayor Ron Vandewal, Brad Barbeau, John McDougall, Norm Roberts, Mark Schjerning, Ron Sleeth, Ross Sutherland Staff: Wayne Orr, Chief Administrative Officer, Lindsay Mills, Planner, Mark Segsworth, Public Works Manager, Angela Maddocks, Deputy Clerk, Terry Gervais, Acting Fire Chief. 1.
Call to Order
a)
Resolution Resolution No. 2018-03-01 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT the Council meeting of February 6, 2018 be called to order at 7:00 p.m. Carried
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations.
Approval of Agenda/Introduction of Acting Fire Chief
a)
Resolution Resolution No. 2018-03-02 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council approve the agenda as presented. Carried
b)
Mayor Vandewal introduced Terry Gervais, Acting Fire Chief and welcomed him to South Frontenac.
Scheduled Closed Session - n/a
***Recess *** - n/a
Public Meeting
a)
Resolution Resolution No. 2018-03-03 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT a public meeting be held to allow public input on a proposed private shooting range in Concession III, Part of Lot 2, Portland District. Carried
b)
Private Shooting Range, Concession III, Part of Lot 2, Portland District Stephen Saunders
Minutes of Council February, 6, 2018 Lindsay Mills reviewed his report and the background to the request from Stephen Saunders for a private shooting range. Councillor Sutherland asked for clarification on whether this use is identified in the noise by-law. Dennis McDermott, 3394 Scanlan Road, has lived there for 24 years and spoke to the changes during that time. His concerns included the safety of K & P Trail users and that gun fire is an incompatible use for the area and suggested there be no hunting allowed in this area. Martin Thomas, 3330 Amey Rd, spoke on behalf of the 75 people who signed the petition against the private shooting range. He expressed concerns about the safety for users of the trail, fear and concern for safety of children, property values decrease for neighboring properties and an increase in shooting activity if established. He contacted the Chief Firearms Office and they indicated that currently it is not a legal operation and that there are very few restrictions imposed. A copy of his presentation will be added to the minutes. Cherylin Jardine, 3321 Amey Road, expressed concerns about their small farming operation and the impact on livestock reproduction due to the range. They operate a therapeutic foster home catering to children with challenges and she felt the shooting range would further affect the kids. She does not want to listen to shooting on a daily basis but is okay with hunting. She was concerned about the extra traffic having a negative impact on the road and decreasing property values. Marjorie Lakins, 3358 Murton Road, was concerned about the impact that the shooting range might have on her horse operation. She felt the use of the K & P Trail will become more dangerous and was concerned about walking her dogs and taking children on the trail as well as increased noise and safety. Marcel Morin, 3361 Scanlan Road, was supportive of the range. He lives across from the subject property and only hears minimum noise from his home. He spoke to Mr. Saunders careers as an OPP officer and the military and that the range operation is very safe, safer than hunters in that area as the bullets are going into a backstop. He felt this would be a place to train young hunters. Michael Evans, a Kingston resident and trail user noted his concerns about safety if a bullet were to go astray. He lives 5 kilometres away from the McAdoo Lane shooting range and can hear the shooting from that site. He had concerns about the lead from the fired ammunition and the environmental impact as the property is close to a significant wetland. Gary Neff, 1005 Scanlan Court, hears gun fire quite a bit from where he lives. He understands that the request is for use of restricted weapons for competition shooting and this will result in more practice time for competition. Is it the intention of the owner to operate a training facility? He expressed his concern about decreased property value and less marketability. Trisha Nolan, 3715 Murvale Road, was supportive of the range and felt there is more noise from snowmobilers. She had no concerns about the safety issues others expressed. Tony Sousa, 3342 Scanlan Road, was supportive of the range. He has lived there for 18 years and felt there was no way a bullet would go astray. He is more concerned about hunting. He stated that use of the range is by invitation only from Mr. Saunders who operates the range for his own personal use. Tracey Parker, 3262 Scanlan Road, was not supportive of the range and
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Minutes of Council February, 6, 2018 agreed with the other concerns expressed. She is encouraged by the increased tourism for this area, both agricultural and trail use and is concerned about the impact the range will have on that. She is concerned about what outsiders will think of this use. Arno van Alst, 3710 Murvale Road, described the area as precious and having a quiet nature. He questioned the sale of the subject property and becoming a shooting club. Brandon Grant, 3346 Scanlan Road, was supportive of the range. Although the range has been there for 18 years, he did not know it was there when he bought his home. He feels there is no danger in letting his children and dog play in the backyard. He noted that there is training and education required before one is allowed to discharge firearms. Kitty van Alst, 3710 Murvale Road hears shooting at times and tolerates shooting in rural areas but is concerned about the health and well being of local residents. Chris Thurgood, 1013 Scanlan Court felt the range would be inconsistent with future development. He felt there will be an increase in residential development and even though the range would be regulated it is an inconsistent use for this area. Jennifer Clark-Gargaro, 3339 Amey Road, asked what the positive intention would be to the range. Her family enjoys cross country skiing on the field next door and she is concerned about safety as the location of the range on the Saunders property is unknown to her. Kendall McCaugherty was supportive of the range. He noted that kids can get licensed by book learning but do not get any practical experience and it is great to have the range for practice. He felt the range was safer than most backyards and other areas where others are discharging guns. Bev Montgomery, 1007 Scanlan Court, stated that she does not want to spend her time outside hearing gunfire and wants to be able to enjoy her property. She is opposed to the noise. Stephen Saunders, 3350 Scanlan Road, introduced himself and reviewed the information he had presented at previous meetings. He felt it was a simple request as there are no South Frontenac by-laws to prohibit the range and South Frontenac does not have any say in whether the range exists or not as it is governed and regulated by the Chief Fire Arms Officer. He noted the Council had provided a letter of no objection to a private range in Bedford District. He stated that the Chief Firearms Officer’s main concern is safety. He clarified his inadvertent use of the term “range” which he has had for 18 years. He has 76 acres and he utilizes a sand berm that he fires into and a cliff at the back of his property for rifles. He noted his current right as a property owner to legally use non-restricted guns on his property with as many people as he wants to include.Mr. Saunders now wants to use restricted handguns on his property and therefore is required by the Chief Firearms Offices o obtain a letter of no objection from the municipality. He addressed the comments outlined in Councillor Revill’s submission and that those comments fail to include the definition of a range. He felt the comments were misleading. Constable Dean Snider, currently with the Frontenac Ontario Provincial Police, spoke on behalf of Mr. Saunders request to provide the definition for a “range” under the act. He noted that there are dozens of unapproved “ranges” in South Frontenac throughout any year. The property owned by Mr. Saunders would be subject to unannounced inspections by the CFO and he felt it was far safer to have a range. He noted that the OPP hasn’t had any complaints about
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Minutes of Council February, 6, 2018 the range in Bedford District and sees no fault in Mr. Saunders operation. Mr. Saunders then addressed concerns expressed by those in attendance. Councillor Barbeau noted that noise by-law violations are within the townships jurisdiction. c)
Comments from Councillor Revill on Shooting Ranges Resolution No. 2018-03-04 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT an opportunity having been provided, the public meeting be closed. Carried
Delegations
a)
Bill Pedersen, re: Desert Lake Causeway Mr. Pedersen reviewed his presentation that was included in the agenda package and provided historical background about the causeway. He noted that the public beach has been impacted in the last couple of years with overflow and the washout of good sand. He is concerned about protecting the beach area during the upcoming construction as it has been maintained by the resort owners for years. He questioned the status of the engineers design. He noted that when the bridge was there, there was never a back up problem with overflow. This matter will be reviewed at Corporate and Public Services and it is anticipated that there will be an opportunity for public input on the design once completed, a similar process to the public engagement for the Harrowsmith intersection project.
Approval of Minutes
a)
January 16, 2018 Council Meeting Resolution No. 2018-03-05 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council approves the minutes of the January 16, 2018 Council meeting. Carried
Business Arising from the Minutes
a)
Notice of Motion - Fuel Consumption Resolution No. 2018-03-06 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council support the notice of motion and direct staff to bring forward to Committee of the Whole, alternatives on how to factor fuel consumption into the purchasing decision of vehicles. Carried
b)
Notice of Motion - Private Shooting Range A recorded vote was requested on the motion to refer. Councillor Schjerning voted against the motion with the other six members of Council voting in favour.
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Minutes of Council February, 6, 2018 Resolution No. 2018-03-07 Moved by Councillor Schjerning Seconded by Councillor Roberts THAT Council direct staff to provide the required letter for Mr. Stephen Saunders indicating there is no objection to the continued operation of his private shooting range located at Concession III, Part of Lot 2 Portland District and that there are no existing municipal by-laws that prohibit such use.
Resolution No. 2018-03-08 Moved by Councillor Sleeth Seconded by Councillor Sutherland THAT this matter be referred to Corporate Services. Carried 10.
Reports Requiring Action
a)
Mark Segsworth, Public Works Manager, re: 2017 Private Lane Upgrading Assistance Resolution No. 2018-03-09 Moved by Councillor Roberts Seconded by Councillor Schjerning THAT Council approve an additional payment in the amount of $550.00 for the 2017 Private Lane Upgrading Assistance Program for Poli Lane. Carried
b)
Wayne Orr, Chief Administrative Officer, re: Support for OGRA Motion Resolution No. 2018-03-10 Moved by Councillor Schjerning Seconded by Councillor Roberts THAT Council approve the resolution as written in the recommendation portion of the report dated February 6, 2018 with respect to seeking reforms to the Municipal Class Environmental Assessment process. Defeated
c)
Wayne Orr, Chief Administrative Officer, re: County of Frontenac Planning Services Resolution No. 2018-03-11 Moved by Councillor Roberts Seconded by Councillor Schjerning THAT Council endorse County of Frontenac Motion #3-18, passed by the County on January 17, 2018. Carried
d)
Wayne Orr, Chief Administrative Officer, re: Compliance Audit Committee 2018 Municipal Elections Resolution No. 2018-03-12 Moved by Councillor Schjerning Seconded by Councillor Roberts THAT Council direct the CAO to recruit and recommend a representative for a Joint Frontenac Compliance Audit Committee for adoption by Council. Carried
e)
Wayne Orr, Chief Administrative Officer, re: Committee of Adjustment
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Minutes of Council February, 6, 2018 Appointments See By-law 2018-09 f)
Lindsay Mills, Planner, re: Review of Application for Site Plan Agreement See By-law 2018-10 and By-law 2018-11. The concerns of the Public Works Manager noted in the report regarding the storm water drainage plan have been resolved.
g)
Angela Maddocks, Deputy Clerk, re: Additional Appointment to Heritage Committee See By-law 2018-12.
Committee Meeting Minutes
a)
Bedford District Recreation Meeting held January 8, 2018
b)
Loughborough District Recreation Meeting held October 30, 2017 Resolution No. 2018-03-13 Moved by Councillor Roberts Seconded by Councillor Schjerning THAT Council receives for information the minutes of the following committee meetings: • Bedford District Recreation meeting of January 8, 2018 • Loughborough District Recreation meeting of October 30, 2017 Carried
By-laws
a)
By-law 2018-09 - Committee of Adjustment Appointments Resolution No. 2018-03-14 Moved by Councillor Schjerning Seconded by Councillor Roberts THAT the following by-laws be given first and second reading: • By-law 2018-09 • By-law 2018-10 • By-law 2018-11 • By-law 2018-12 Carried Resolution No. 2018-03-15 Moved by Councillor Schjerning Seconded by Councillor Roberts THAT By-law 2018-09 being a by-law to appoint Council members to the Committee of Adjustment, be given third reading, signed and sealed. Carried
b)
By-law 2018-10 - Site Plan Agreement - Bovey Resolution No. 2018-03-16 Moved by Councillor Roberts Seconded by Councillor Schjerning THAT By-law 2018-10, being a by-law to authorize the Mayor and the Clerk to execute a revised site plan agreement between the Township and Kevin and Suzanne Bovey, be given third reading, signed and sealed.
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Minutes of Council February, 6, 2018 Carried c)
By-law 2018-11 - Removal of “H” Holding Symbol - Bovey Resolution No. 2018-03-17 Moved by Councillor Sleeth Seconded by Councillor Sutherland THAT By-law 2018-11, being a by-law to remove the holding “H” symbol from the zoning map of Zoning By-law 2003-75, as amended, Part Lots 18 AND 19, Concession I, District of Storrington, be given third reading, signed and sealed. Carried
d)
By-law 2018-12 - Appointment to Heritage Committee Resolution No. 2018-03-18 Moved by Councillor Sleeth Seconded by Councillor Sutherland THAT By-law 2018-12, being a by-law to appoint a community member to the Heritage Committee, be given third reading, signed and sealed. Carried
Reports for Information
a)
Accounts Payable and Payroll Listing
b)
Development Services Committee Council was appreciative of this update and directed some questions to the CAO regarding the Desert Lake causeway and the Provincial Park requests.
c)
Tender PW-2018-03 - 1- 2018 Model 1/2 Ton Extended Cab 4 X 4 Pick Up Truck
d)
Tender PW-2018-04 - 1 - 2018 Model 3/4 Ton Extended Cab 4 Wheel Drive Pick Up Truck
Information Items
a)
Robert Charest, re: Trail Committee Member Report - January 2018 Mayor Vandewal commended Mr. Charest for his updates on the trail.
b)
Ministry of Agriculture, Food and Rural Affairs News Release - Ontario Revitalizing Main Streets, Helping Small Businesses Grow
Notice of Motions - n/a
Announcements/Statements by Councillors
a)
Mayor Vandewal reminded Council of the Family Day event at the arena on February 19.
b)
Mayor Vandewal spoke to public concerns and noted that the CAO will work with the Development Review Team to set up processes and clarity for residents and developers.
c)
Councillor Sleeth commended the Mayor and how the public meeting was handled.
Question of Clarity (from the public on outcome of agenda items)
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Minutes of Council February, 6, 2018 a)
Stephen Saunders asked for clarification on the next steps regarding the shooting range. Mayor Vandewal confirmed that the matter has been referred to the Corporate Services Committee for them to review at their February 13, 2018 meeting and to report back to Council with a recommendation.
Closed Session - n/a
Confirmatory By-law
a)
By-law 2018-13 Resolution No. 2018-03-19 Moved by Councillor Sleeth Seconded by Councillor Sutherland THAT By-law 2018-13, 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 6 day of February, 2018. Carried Resolution No. 2018-03-20 Moved by Councillor Sleeth Seconded by Councillor Sutherland THAT By-law 2018-13, 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 6 day of February 2018. Carried
Adjournment
a)
Resolution Resolution No. 2018-03-21 Moved by Councillor Sleeth Seconded by Councillor Sutherland THAT the Council meeting of February 6, 2018 be adjourned at 9:10 p.m. Carried
Ron Vandewal, Mayor
Wayne Orr, Chief Administrative Officer
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