Body: Council Type: Minutes Meeting: Regular Date: September 6, 2016 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council September, 6, 2016 Time: 6:00 PM Location: Council Chambers Meeting # 26 Present: Mayor Ron Vandewal, Pat Barr, 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, Angela Maddocks, Executive Assistant. 1.
Call to Order
a)
Resolution Resolution No. 2016-26-1 Moved by Councillor Sleeth Seconded by Deputy Mayor Sutherland THAT the Council meeting of September 6, 2016 be called to order at 6:00 p.m. Carried
Declaration of pecuniary interest and general nature thereof
a)
Mayor Vandewal declared a pecuniary interest with respect to pages 23 and 23 of the Accounts Payable Voucher.
Scheduled Closed Session
a)
Resolution Resolution No. 2016-26-2 Moved by Councillor Sleeth Seconded by Deputy Mayor Sutherland THAT Council move into closed session to discuss property matters and litigation. Carried
e)
Resolution Resolution No. 2016-26-3 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT Council move out of closed session. Carried
***Recess - reconvene at 7:00 p.m. for Open Session
Rise and Report from Closed Session
a)
Resolution Resolution No. 2016-26-4 Moved by Councillor Sleeth Seconded by Deputy Mayor Sutherland THAT Council rise and report from closed session and authorize the vesting of the failed tax sale property, 4318 Ottawa St. Harrowsmith, conditional on the
Minutes of Council September, 6, 2016 release of all interests by Canada Mortgage and Housing Corporation, with funding coming from the allowance for doubtful accounts. THAT staff be directed to proceed with any required site remediation and building demolition, with the property being incorporated into the Harrowsmith intersection improvements as needed. AND THAT any costs associated with the clean up and demolition project be funded from, working funds reserve and charged to the intersection project. Carried 6.
Public Meeting
a)
Resolution Resolution No. 2016-26-5 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT a public meeting be held to discuss planning matters related to : Application for a Zoning By-law Amendment in Con V, Part Lot 6, Portland Application for a Zoning By-law Amendment in Con VIII Part Lot 11, Loughborough Closing of Road Allowance between Lots 6 & 7, Con XIII, Storrington Carried
b)
Application for Zoning By-law Amendment - Concession V, Part of Lot 6, Portland District - Saputo Mr. Mills explained that the purpose of the application is to rezone a 4.4 hectare lot from its present Urban Industrial Zone to a Special Urban Commercial Zone to permit an automobile sales facility and service shop. It is a relatively large parcel within the hamlet, however less than two thirds of the land is made up of semi-wetland while the remaining land surface at the northwest is concrete and asphalt, remnants of its former industrial site where the new use would be located. He reviewed the permitted uses, noting that a site plan agreement will be required. There may be a requirement for a traffic study regarding ingress and egress on Harrowsmith Road once the scale of the project is known. Councillor McDougall questioned the results of an environment study done on this property years ago. Mr. Mills indicated that this was a private study based on a proposal for a split commercial/residential use and the study results were not shared. Councillor Sleeth felt this was a great opportunity to use the vacant land. He questioned the opportunity for the applicant to get funding under the Community Improvement Plan for Harrowsmith. Wayne Orr noted that the CIP is not yet finalized however it may be possible to access funding for facades, signage and accessibility. Mayor Vandewal asked if this was a new automotive dealership coming to the area. He felt this would be an improvement for the area. Lindsay Mills noted that the applicant is the operator of the current automotive dealership at the corner of Road 38 and Kingston Road. Steve Ritchie, property owner to the west of this site, was concerned about the operation being close to his property line. He did not want this on his doorstep or in his backyard and the overall impact of his existing view.
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Minutes of Council September, 6, 2016 Todd McKay, the agent for the applicant, noted that any structures would have to be 100 feet back from the wetland; this was confirmed by Lindsay Mills. c)
Application for Zoning By-law Amendment - Concession VIII, Part of Lot 11, Loughborough District - Silver Mr. Mills explained that this rezoning would apply to a new 4.9 acre rural waterfront lot on Mica Lake in Loughborough District, as well as the 5.4 acre retained lot. The Waterfront Residential zoning would recognize that the lots are for residential use with waterfront and accessed by a fully maintained public road. All agencies have commented favourably at the consent stage. Deputy Mayor Sutherland felt this was reasonable and was supportive of the rezoning. Councillor Schjerning asked if the extension to year round maintenance for Little Long Lake Road is permitting this development. Mr. Mills confirmed that the re-categorizing permitted the severances to be approved on this road. There were no comments from the public.
d)
Closing of Road Allowance Between Lots 6 & 7, Concession XIII, Storrington District - Wehlau Mr. Mills noted that a request has been made to close and transfer ownership of two portions of an unopened road allowance to an abutting property in Concession XIII, between Lots 6 and 7 in Storrington District. He noted that the road allowance is aligned north/south extending approximately 75 metres through two portions of the owner’s land along the waterfront of Upper Rock Lake. The topography is very challenging and includes a steep rocky ridge leading to the water. The survey indicates that the road allowance continues from the subject property southward through yet another abutting property (Part 8) before terminating at the lakes edge. This presents the opportunity for the owner of this southernmost property to purchase the remaining portion as well although they have indicated they are not in a position to purchase the land at this time. This leaves Part 8 as an orphaned piece and it is up to Council to decide what to do with the orphaned piece. Councillor Sleeth felt that to be fair, Council should deal with this orphan piece the same as the previous one. Councillor Revill noted that Council has already made Parts 4, 5 and 8 on the survey orphan pieces and no one is being forced to purchased Part 8. Mayor Vandewal felt that if the property is sold at a later date, Part 8 would have to be clarified then. Mr. Mills noted that Part 8 is physically tied to the southern portion. There were no comments from the public. Resolution No. 2016-26-6 Moved by Deputy Mayor Sutherland Seconded by Councillor Revill THAT an opportunity having been provided, the public meeting be closed. Carried
Approval of Minutes
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Minutes of Council September, 6, 2016 a)
Minutes of the August 2, 2016 Council Meeting Resolution No. 2016-26-7 Moved by Deputy Mayor Sutherland Seconded by Councillor Revill THAT Council approves the minutes of the August 2, 2016 Council meeting. Carried
b)
Minutes of the August 23, 2016 Special Council Meeting Resolution No. 2016-26-8 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT Council approve the minutes of the August 23, 2016 Special Council meeting. Carried
Business Arising from the Minutes
a)
Lindsay Mills, Planner, re: Closing of a Portion of Road Allowance, Part Lot 18, Concession VIII (See By-law 2016-47 - deferred at August 2 meeting)
b)
Mark Segsworth, Public Works Manager, re: North Shore Road Speed Limit Reduction (See By-law 2016-58)
c)
Wayne Orr, Chief Administrative Officer re: Notice of Motion - Contracted staff for Subdivision monitoring Resolution No. 2016-26-9 Moved by Councillor Sleeth Seconded by Deputy Mayor Sutherland THAT Council consider the hiring of a consultant on a month by month basis to monitor the status and development of existing subdivisions.
Resolution No. 2016-26-10 Moved by Councillor McDougall Seconded by Councillor Barr THAT this be deferred until October 4, 2016. Carried 9.
Reports Requiring Action
a)
Lindsay Mills, Planner, re: Assumption of Road Widening, Part Lot 25, Concession XIV, Portland District, Rines
b)
Mark Segsworth, Public Works Manager, re: Reasonable Standard of Roads Definition Resolution No. 2016-26-11 Moved by Councillor Schjerning Seconded by Councillor McDougall
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Minutes of Council September, 6, 2016 THAT for the purposes of Section 7.1 (h) of the Official Plan, the definition for “a reasonable standard of pavement or gravel construction” means any public road that receives year round maintenance. Carried c)
Mark Segsworth, Public Works Manager, re: Sydenham Water Services Resolution No. 2016-26-12 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council endorse the motion approved at the Public Services committee on August 26, 2016 for staff to enter into negotiations with Utilities Kingston for a longer term agreement to operate the Water Treatment and Distribution System, subject to Council acceptance. Carried
d)
Mark Segsworth, Public Works Manager re: Parking By-law 2016-59 - in front of Sydenham High School and Accessible Parking
e)
Mark Segsworth, Public Works Manager, re: Capital Budget Amendments Resolution No. 2016-26-13 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council approve the amended 2016 Linear Asset Capital Budget as presented on September 6, 2016 AND THAT the amount approved for the Gilmour Point Site Access Road be reallocated to finance the track reconstruction associated with the rehabilitation of Point Football Field. Carried
f)
Mark Segsworth, Public Works Manager, re: Tender 2016-28 - Guiderail Program Resolution No. 2016-26-14 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council approves the bid provided by Peninsula Construction Inc. for Tender No. 2016-28, 2016 Guiderail Program for $186,798.61, including all applicable taxes. Carried
g)
Wayne Orr, Chief Administrative Officer, re: Extension of Councillor Absence Resolution No. 2016-26-15 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council provide not further extension and without pay. Carried
h)
Wayne Orr, Chief Administrative Officer, re: Frontenac County Council -Shared Communications Proposal Resolution No. 2016-26-16
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Minutes of Council September, 6, 2016 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council receive the County request for shared services without endorsement. Carried i)
Wayne Orr, Chief Administrative Officer, re: Special Joint Council Meeting - In Field Communications Resolution No. 2016-26-17 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council accept the invitation to a Special Joint Council meeting on Wednesday, October 5 at 7:00 pm in Central Frontenac at Soldiers Memorial Hall; for the purposes of hearing a report on in field communications. Carried
j)
Wayne Orr, Chief Administrative Officer, re: Portland District Recreation Committee Motions Resolution No. 2016-26-18 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council receive and approve the five motions as submitted by the Portland District Recreation Committee.
Resolution No. 2016-26-19 Moved by Deputy Mayor Sutherland Seconded by Councillor Barr THAT this item be deferred. Carried k)
Wayne Orr, Chief Administrative Officer, re: Storrington District Recreation Committee Motions
l)
Wayne Orr, Chief Administrative Officer, re: South Frontenac Recreation Committee Motions Resolution No. 2016-26-20 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council receive and approve the motions as submitted by the South Frontenac Recreation Committee.
Resolution No. 2016-26-21 Moved by Deputy Mayor Sutherland Seconded by Councillor Schjerning THAT the motions be separated. Carried Resolution No. 2016-26-22
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Minutes of Council September, 6, 2016 Moved by Deputy Mayor Sutherland Seconded by Councillor Revill THAT Council support the 150th concept by the Harrowsmith Social and Athletic Club and request a budget and that broad input from the community be incorporated. Carried Resolution No. 2016-26-23 Moved by Deputy Mayor Sutherland Seconded by Councillor Sleeth THAT Council supports the Township continuing to work with Somersault Events for the 2017 event as per the terms of the 2016 agreement. Carried Resolution No. 2016-26-24 Moved by Councillor Sleeth Seconded by Deputy Mayor Sutherland THAT Council consider the resurfacing of the sports surface at Centennial Park as part of the 2017 capital budget discussions. Deferred 10.
Committee Meeting Minutes
a)
Loughborough District Recreation meeting of May 30, 2016
b)
South Frontenac Rides meetings
c)
South Frontenac Recreation Committee meeting of June 20, 2016
d)
Town Hall Meetings
e)
Public Services Committee meeting of July 21, 2016
f)
Joint Lake Association meeting of August 25, 2016
g)
Bedford District Recreation Committee meeting of July 25, 2016 Resolution No. 2016-26-25 Moved by Councillor Barr Seconded by Councillor Roberts THAT Council receives for information the minutes of the following committee meetings: Loughborough District Recreation meeting of May 30, 2016 Town Hall meetings of July 12, July 18, July 19 and July 21, 2016 Bedford District Recreation meeting of July 25, 2016 South Frontenac Recreation meeting of June 20, 2016 South Frontenac Rides meetings of March 21, April 16, May 9 and June 15, 2016 Public Services meeting of July 21, 2016 Loughborough District Recreation meeting of May 30, 2016 Joint Lake Association meeting of August 27, 2016 Carried
By-laws
Page 7 of 11
Minutes of Council September, 6, 2016 a)
By-law 2016-47 - Closing of Road Allowance, Con VIII, Part Lot 18, Storrington Resolution No. 2016-26-26 Moved by Councillor Barr Seconded by Councillor Roberts THAT the following by-laws be given first and second reading: By-law 2016-47 By-law 2016-54 By-law 2016-55 By-law 2016-56 By-law 2016-57 By-law 2016-58 By-law 2016-59 Carried Resolution No. 2016-26-27 Moved by Councillor Barr Seconded by Councillor Roberts THAT By-law 2016-47, being a by-law to stop up, close and sell a portion of an unopened road allowance in Part of Lot 18, Concession VIII, be given third reading, signed and sealed. Carried
b)
By-law 2016-54 - Assume land for road widening purposes Resolution No. 2016-26-28 Moved by Councillor Roberts Seconded by Councillor Barr THAT By-law 2016-54, being a by-law to assume as common and public highway, certain lands in the Township of South Frontenac, pursuant to Section 31 (6) of the Municipal Act, 2001, be given third reading, signed and sealed. Carried
c)
By-law 2016-55 - Rezone Concession V, Part Lot 6, Portland Resolution No. 2016-26-29 Moved by Councillor Roberts Seconded by Councillor Barr THAT By-law 2016-55, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Urban Industrial Zone (UI) to Special Urban Commercial Zone (UC-26) and Environmental Protection Zone (EP), Part Lot 5, Concession V, Portland District, be given third reading, signed and sealed. Carried
d)
By-law 2016-56 - Rezone Con VIII, Part Lot 11, Loughborough Resolution No. 2016-26-30 Moved by Councillor Roberts Seconded by Councillor Barr THAT By-law 2016-56, being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural (RU) Zone to Waterfront Residential Zone (RW) , Part Lot 11, Concession VIII, District of Loughborough, be given third reading, signed and sealed.
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Minutes of Council September, 6, 2016 Carried e)
By-law 2016-57 - Closing of Road Allowance Con XIII, Lots 6 & 7, Storrington Resolution No. 2016-26-31 Moved by Councillor Barr Seconded by Councillor Roberts THAT By-law 2016-57, being a by-law to stop up, close and sell a portion of an unopened road allowance between Lots 6 and 7, Concession XIII, Storrington District, be given third reading, signed and sealed. Carried
f)
By-law 2016-58 - Speed Limit Reduction on North Shore Road Resolution No. 2016-26-32 Moved by Councillor Barr Seconded by Councillor Roberts THAT By-law 2016-58, being a by-law to amend By-law 2000-01, to regulate the use of traffic, parking and stopping on highways and bridges in the Township of South Frontenac and to regulate speed, be given third reading, signed and sealed. Carried
g)
By-law 2016-59 - Prohibit Parking in Front of SHS Resolution No. 2016-26-33 Moved by Councillor Barr Seconded by Councillor Roberts THAT By-law 2016-59, being a by-law to amend By-law 2000-01, being a by-law to regular the use of traffic, parking and stopping on highways and bridges in the Township of South Frontenac, to create no parking and parking restrictions it he village of Sydenham, be given third reading, signed and sealed. Carried
Reports for Information
a)
Accounts Payable and Payroll Listing
b)
Tender PW 2016-25 - Winter Maintenance Operation at Various Locations
c)
Tender PW 2016-26 - One (1) 2017 4 X 4 Mid-Size Vehicle
d)
Tender PW 2016-29 - Construction of new road in Harrowsmith
e)
Building Activity Report - 2nd Quarter for 2016
Information Items
a)
Lion Jim Rohrback, re: Lions Club 100th Anniversary of Service to Humanity in 2017
b)
Rachel Don, re: Thank you for South Frontenac Bursary
c)
Jannette Amini, Manager of Legislative Services/Clerk, re: Large Renewable Procurement Initiatives
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Minutes of Council September, 6, 2016 d)
Ontario Federation of Agriculture - Weed Control (as requested by Steve Leonard)
e)
Terry Murphy, General Manager, Quinte Conservation, re: Level 3 Low Water Condition
f)
Terry and Steve Lalonde, re: Thanks to South Frontenac Fire and Rescue
g)
Fred C. Bresee, re: Bedford District Road Names
h)
Steven J. Leonard, re: Farming Conflict
Notice of Motions
a)
Deputy Mayor Sutherland served notice of motion to contact OMAFRA about reclassifying the block of land north of Petworth Road to agricultural land as per the land classification mapping.
b)
Deputy Mayor Sutherland requested a written report on the criteria for declaring a fire ban.
Announcements
a)
Councillor Revill reported that there is an active group working on Fermoy Hall. They will be coming to Council to discuss the uses and upgrades in the near future.
b)
Councillor Sleeth asked that a letter of appreciation be sent to the Hogan’s who kept up the flower beds at Sandhill Cemetery this summer during the extremely dry season.
c)
Councillor Sleeth referred to an off-site meeting that he had suggested sometime ago. He felt the Battersea Hotel would be a great venue for this. Council questioned the agenda items and directed the CAO to prepare an agenda for this meeting.
Question of Clarity (from the public on outcome of agenda items)
a)
There were no questions from the public.
Closed Session (if requested)
Confirmatory By-law
a)
By-law 2016-60 Resolution No. 2016-26-34 Moved by Councillor Barr Seconded by Councillor Roberts THAT By-law 2016-60, 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 September 2016. Carried Resolution No. 2016-26-35 Moved by Councillor Roberts Seconded by Councillor Barr
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Minutes of Council September, 6, 2016 THAT By-law 2016-60, 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 September 2016. Carried 19.
Adjournment
a)
Resolution Resolution No. 2016-26-36 Moved by Councillor Roberts Seconded by Councillor Barr THAT the Council meeting of September 6, 2016 be adjourned at 9:05 p.m. Carried
Ron Vandewal, Mayor
Wayne Orr, Chief Administrative Officer
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