Body: Council Type: Minutes Meeting: Regular Date: November 7, 2017 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council November, 7, 2017 Time: 6:00 PM Location: Council Chambers Meeting # 33 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, Angela Maddocks, Executive Assistant. 1.
Call to Order
a)
Resolution Resolution No. 2017-33-01 Moved by Councillor McDougall Seconded by Councillor Schjerning
THAT the Council meeting of November 7, 2017 be called to order at 6:00 p.m. Carried 2.
Declaration of pecuniary interest and the general nature thereof - n/a
a)
Council observed a moment of silence in recognition of Remembrance Day.
Scheduled Closed Session
a)
Resolution Resolution No. 2017-33-02 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council move into closed session to discuss matters concerning identifiable individuals and to approve minutes of previous closed sessions. Carried
b)
Approval of Minutes of previous Closed Sessions
c)
Matters concerning Identifiable Individuals
d)
Resolution Resolution No. 2017-33-04 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council move out of closed session. Carried
***Recess - reconvene at 7:00 p.m. for Open Session
Public Meeting
a)
Resolution Resolution No. 2017-33-05
Minutes of Council November, 7, 2017 Moved by Councillor Barr Seconded by Deputy Mayor Roberts THAT a public meeting be held to discuss planning matters related to: • Rezoning of Concession III, Part of Lots 23 & 24, Storrington District • Rezoning of Concession VI, Part of Lot 11, Loughborough District • Rezoning of Concession VIII, Part of Lot 6, Storrington District Carried b)
Rezoning of Concession III, Part of Lots 23 & 24, Storrington District - 1324789 Ontario Inc Lindsay Mills noted that this is the second public meeting for this rezoning as initially there was an error in the sign posted on the property advertising the first public meeting. The purpose of the application is to rezone a new residential property and the retained parcel. Presently this large acreage is zoned Special Rural Zone (RU-45) requiring a minimum setback from the highwater mark of the lake of 40 metres for any development. Consequently, the rezoning application needs to maintain this minimum lake setback. Also, because the large retained lot would now be accessed by a private lane, it would be zoned to Limited Service Residential-Waterfront and, to retain the special setback, it would require a special RLSW zone. The newly created nonwaterfront lot at the public road would now be zoned Rural (RU). Councillor Sutherland asked if Mr. Mills could work with the Inverary Lake Association to determine the capacity on Inverary Lake. Mr. Mills indicated that this could be done for any lake noting that Inverary Lake has provincially significant wetlands at both ends and there isn’t much potential left for development. He indicated that he would be willing to work with the Lake Association. Cathy Vakil, a 19 year resident on Inverary Lake and member of the Lake Association noted a decline in the water quality and increased plume on the lake, most of the lake is already recognized as provincially significant wetlands. She felt that a new Official Plan will provide the potential for 4-6 severances on this property and new development will strongly compromise an already fragile water quality. Monique Kuzma has lived in the area for 10 years and spoke to her extensive knowledge based on her career. She referenced the 8 solid years of data that has been compiled that indicates; the fragility of the lake, the high nutrient load and that the lake is borderline eutrophic. The clarity of water drops early in the year and is currently at the medium (mesotrophic) level. Lake health is very important and the Collins Watershed StudyReport from 1990 identified development as the key pressure. She is opposed to the rezoning and further future development on this land. Jeff Peters provided history on the background of his 200 acre farm and the installation of the culvert on the Moreland-Dixon Road that raised the lake by 23 feet and flooded and killed much of the vegetation on what he has always known to be Mud Lake and not Inverary Lake. He referenced the Official Pan visions and goals on where to direct development and land use planning that keeps the rural character and enhances economic viability. He felt there hasn’t been measures taken to enhance the environment in this area. He felt that the goal is not being met with regard to natural heritage and environmentally sensitive lands; all lands next to all lakes need to be protected. Inverary Lake has the highest range of phosphorous levels in the area and new development would further irritate water quality. He has incurred expenses to fence his livestock in order to keep them away from the lake and has asked in the past that his property be zoned Prime Agriculture to protect against further development. He noted the two occasions where Gilmour Point beach was
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Minutes of Council November, 7, 2017 closed on Dog Lake due to blue green algae and suggested that we not sacrifice Inverary Lake. He recognizes that there is development pressure from the city and the urban influence but feels Storrington District is a reflection of agriculture. He urged Council to base their decision sound science principles and studies done on the water health of Inverary Lake. Mike Voith who farms on Randy Clark Road is opposed to the rezoning. He has invested in fencing and ways to direct phosphorus away from the lake. He is concerned that a new Official Plan would reset the clock on severances and suggested this parcel could create 4-5 lots as this has happened in the past. In most areas development would not be a problem but this lake has provincially significant wetlands and is environmentally sensitive. He spoke to the studies and data collected, and the CRCA Fact Sheet 2017 on Inverary Lake and felt there is strong evidence indicating that the lake is fragile and can’t stand further development. He urged Council to turn down the rezoning. Kim McClennan felt the nutrient levels in Inverary Lake are not safe for the habitat or humans. She read Dr. Stephen Hunt’s concerns about creating unsustainable development as well as the studies and data that others had also referenced. David Findlay has lived in the area for 18 years and been active with the CRCA. He is opposed to this rezoning as it is contrary to the watershed study findings. He felt that the CRCA did not provide adequate comments on this due to short staffing. He felt the owners is buying environmentally protected land to resell for residential development. He praised the two local farmers for their efforts in protecting the water quality of the lake. (Copies of the comments and studies submitted are included in the November 14, 2017 Committee of the Whole agenda.) Gary Beach, owner of the subject property noted that he spent his teenage years working on farms and has a great respect for what farming does for the community however he felt the high phosphorus count is based on farming and allowing livestock in the lake and not due to septic systems and tile beds. He noted that he has hired Mary Alice Snetsinger to comment on the environmental impact. She was also the chair on the Collins Lake Watershed Study when it was being written and responsible for half of the document. He felt that all the concerns expressed are about future development and not focused at the application on hand. If there is further development, there would be an opportunity for public input again. Mayor Vandewal noted that the Official Plan is 20 years old and felt there won’t be an opportunity to restart the clock to allow for additional severances. He noted the recent housekeeping amendment regarding the 30 metre setback as a way to protect lake water quality and environmental impacts. c)
Rezoning of Concession VI, Part of Lot 11, Loughborough District - Quintal Lindsay Mills explained that the application is to rezone land that was subject to a lot addition to add water frontage to a non-waterfront lot in Part of Lot 11, Concession VI, Loughborough. The existing waterfront lot on 1971 Hogan Road is 1.5 acres in size with approximately 700 feet of frontage on Sydenham Lake and it is fully developed with a dwelling and detached accessory structure. The consent application requiring the rezoning would take 0.3 acres of land and 300 feet of waterfrontage from the parent parcel and add it to the abutting non-waterfront lot so that it would also have frontage on the lake. He also noted that the Cataraqui Trail passes east/west through the vacant subject property. Most of the trail along the north shore of Sydenham Lake is in the ownership of the Cataraqui Region Conservation Authority but this portion of the trail is a right-of-way through the subject vacant land and is part of the
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Minutes of Council November, 7, 2017 property. All agencies commented favourably as part of the consent application and the Planning Department supports this rezoning. Councillor Sutherland noted that the Committee of Adjustment recommended a site plan agreement and Mr. Mills confirmed that there would be site plans on both properties as directed by the Committee. Mayor Vandewal asked if the setback is the same on Songbird Lane. Mr. Mills indicated that the trail separates the lots on Songbird Lane from the waterfrontage whereas on the subject lots the trail is part of the lots. There were no comments from the public. d)
Rezoning of Concession VIII, Part of Lot 6, Storrington District - Jespersen Lindsay Mills explained that the purpose of this application is to rezone a proposed new lot and a retained lot from Rural to Special Rural in Part of Lot 6, Concession VIII. The special zoning would recognize that the lots would have only 213 feet of road frontage whereas the normal requirement is 250 feet. The lots would still be relatively large at 7.5 acres for the new lot and 11 acres for the retained lot. The new lot would encompass all of the existing structures and the new lot would not be a waterfront lot. The land is generally flat and forested near the Lake and the waterfront area is swampy for a distance of approximately 110 metres back from the lake and this would remain as part of the retained lot. The land is adjacent to the “settlement areas” boundary of Battersea but is designed Rural in the Official Plan. Councillor Sleeth questioned the lots being within the hamlet boundary and Mr. Mills confirmed that they were not. Mayor Vandewal clarified that the new lot is at the road and the retained has the waterfront. He noted that this application is virtually identical to the one on Inverary Lake where no new waterfront lot is being created. There were no comments from the public. Resolution No. 2017-33-06 Moved by Councillor Barr Seconded by Deputy Mayor Roberts THAT an opportunity having been provided, the public meeting be closed. Carried
Approval of Minutes
a)
Minutes of the October 17, 2017 Council Meeting Resolution No. 2017-33-07 Moved by Councillor Barr Seconded by Deputy Mayor Roberts THAT Council approves the minutes of the October 17, 2017 Council meeting. Carried
b)
Minutes of the October 24, 2017 Committee of the Whole meeting Resolution No. 2017-33-08 Moved by Councillor Barr Seconded by Deputy Mayor Roberts
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Minutes of Council November, 7, 2017 THAT Council approves the minutes of the October 24, 2017 Committee of the Whole meeting. Carried 7.
Business Arising from the Minutes
a)
Notice of Motion - Ontario Gas Tax Program & Rural Communities Resolution No. 2017-33-09 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT Council endorse the resolution passed by the County of Frontenac supporting the Eastern and Western Ontario Warden’s Caucus joint resolution regarding the criteria needed to align the Provincial Gas Tax Funding with the Federal Gas Tax Funding. Carried
b)
Notice of Motion - Rural and Northern Communities Infrastructure Fund Resolution No. 2017-33-10 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT Council endorse the resolution passed by the County of Frontenac supporting the Eastern Ontario Warden’s Caucus resolution request to establish the definition of “rural” as it relates to funding involving the Government of Canada’s Rural and Northern Communities Infrastructure Fund. Carried
c)
2017 Public Works Capital Budget Variances Resolution No. 2017-33-11 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT Council fund the $200,831 overages from the various capital projects as outlined in the 2017 Public Works Budget Variances report dated October 20, 2017 from the $400,000 set aside for Capacity. Carried
d)
Frontenac Community Arena - Floor Reserve Resolution No. 2017-33-12 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT Council commits to fund its share of the cost for the Arena floor and boards replacement when the time arises from reserves and/or taxation; And that this resolution be forwarded to both the Arena Board and Central Frontenac Council. Carried
Reports Requiring Action
a)
Lindsay Mills, Planner, re: Amendment to Site Plan Agreement: P. Snider See By-law 2017-70
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Minutes of Council November, 7, 2017 b)
Mark Segsworth, Public Works Manager, re: Tender PW-2017-12 - Supply & Installation of a Back Up Generator at Public Works Yard - 2490 Keeley Road Resolution No. 2017-33-13 Moved by Councillor Sutherland Seconded by Councillor Revill THAT Council approve the bid price of $48,000.00 excluding HST for Tender PW-2017-12 from Goris Electric Ltd. for the Supply and Installation of a 80 KW Diesel Back up Generator at the Keeley Road Patrol Yard. Carried
c)
Mark Segsworth, Public Works Manager, re: PR-2017-25 - 2017-2019 Snow Removal for Parks & Facilities, Firehalls & Cemeteries Resolution No. 2017-33-14 Moved by Councillor Barbeau Seconded by Councillor Sutherland AMENDMENT: THAT Council remove the Burridge and Bradshaw Fire Halls. Carried Resolution No. 2017-33-15 Moved by Councillor Revill Seconded by Councillor Sutherland THAT Council approve the Contractors as outlined in the report for the locations and price per snow event specified in Tender PR-2017-25 Snow Removal, Parks & Facilities, Fire halls & Cemeteries for the winter seasons of 2017-18 and 201819 as amended. Carried
d)
Louise Fragnito, Treasurer, re: Audit RFP Resolution No. 2017-33-16 Moved by Councillor Sutherland Seconded by Councillor Revill THAT Council award the contract for audit services to Allan & Partners LLP and appoint them as Township auditors for the financial years 2018 to 2022. Carried
e)
Louise Fragnito, Treasurer, re: Year to Date Financials to September 30, 2017 Resolution No. 2017-33-17 Moved by Councillor Revill Seconded by Councillor Sutherland THAT Council receive the September 30, 2017 quarterly financials; And that Council approve the reallocation of funds from roadside maintenance, hardtop maintenance and safety and signage to cover the overage of $99,637 within the loose top maintenance lines. Carried
f)
Louise Fragnito, Treasurer, re: Tax Relief Application for Sickness or Extreme Poverty
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Minutes of Council November, 7, 2017 See By-law 2017-66 g)
Wayne Orr, Chief Administrative Officer, re: Appointment of Deputy Clerk See By-law 2017-67
h)
Wayne Orr, Chief Administrative Officer, re: RFP for Legal Services Resolution No. 2017-33-18 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT Council award the five year contract for the provision of legal services to Cunningham Swan. Carried
i)
Wayne Orr, Chief Administrative Officer, re: Verbal Report on Chief Building Official See By-law 2017-71
Committee Meeting Minutes
a)
Verona Community Association - January - September 2017 meetings
b)
Storrington District Recreation Committee meeting held September 7, 2017
c)
Loughborough District Recreation Committee meeting held September 25, 2017
d)
Police Services Board meeting held June 22, 2017 Resolution No. 2017-33-19 Moved by Councillor Sutherland Seconded by Councillor Revill THAT Council receives for information the minutes of the following committee meetings: • Verona Community Association meetings from January to September 2017 • Storrington District Recreation meeting held September 7, 2017 • Loughborough District Recreation meeting held September 25, 2017 • Police Services Board meeting held June 22, 2017 Carried
By-Laws
a)
By-law 2017-58 - Rezone Con III, Part Lots 23 & 24 Storrington Resolution No. 2017-33-20 Moved by Councillor Revill Seconded by Councillor Sutherland THAT the following by-laws be given first and second reading: • By-law 2017-58 • By-law 2017-66 • By-law 2017-67 • By-law 2017-68 • By-law 2017-69
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Minutes of Council November, 7, 2017 • • •
By-law 2017-70 By-law 2017-71 By-law 2017-72 Carried
Resolution No. 2017-33-21 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT By-law 2017-58, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Special Rural (RU-45) to Rural (RU) Zone and Special Limited Service Residential-Waterfront (RLSW-115), Part Lots 23 & 24, Concession III, District of Storrington, be given third reading, signed and sealed.
Resolution No. 2017-33-22 Moved by Councillor Sutherland Seconded by Deputy Mayor Roberts THAT third reading be deferred pending a response from the Planner to the water quality issues raised and the owners submission of materials referenced. Carried (Recorded Vote) b) A recorded vote was requested for Resolution 2017-33-22. Councillors Barr, McDougall, Revill and Mayor Vandewal voted against with the remaining Council members voting in favour of the motion. c)
By-law 2017-66 - Tax Relief for Sickness and Extreme Poverty Resolution No. 2017-33-23 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT By-law 2017-66, being a by-law to authorize the Assessment Review Board to exercise certain powers and functions of Council pursuant to the Municipal Act, 2001, s.357, (1) (d.1), be given third reading, signed and sealed. Carried
d)
By-law 2017-67 - Appoint a Deputy Clerk Resolution No. 2017-33-24 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT By-law 2017-67, being a by-law to appoint a Deputy Clerk, be given third reading, signed and sealed. Carried
e)
By-law 2017-68 - Rezone Concession VI, Part of Lot 11, Loughborough Resolution No. 2017-33-25 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT By-law 2017-68, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Rural (RU) Zone to Special Waterfront Residential Zone (RW39), Part Lot 11, Concession VII, District of Loughborough, be given third reading, signed and sealed.
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Minutes of Council November, 7, 2017 Carried f)
By-law 2017-69 - Rezone Concession VIII, Part of Lot 6, Storrington Resolution No. 2017-33-26 Moved by Councillor Sleeth Seconded by Councillor Barbeau THAT By-law 2017-69, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Rural (RU) Zone to Special Rural Zone (RU-51), Part Lot 6, Concession VIII, District of Storrington, be given third reading, signed and sealed. Carried
g)
By-law 2017-70 - Amend Site Plan Agreement with Percy Snider Resolution No. 2017-33-27 Moved by Councillor Barr Seconded by Deputy Mayor Roberts THAT By-law 2017-70, being a by-law to authorize the Mayor and the Clerk to execute a revised Site Plan Agreement between the Corporation of the Township of South Frontenac and Percy Snider, be given third reading, signed and sealed. Carried
h)
By-law 2017-71 - Appoint an acting Chief Building Official Resolution No. 2017-33-28 Moved by Councillor Barr Seconded by Deputy Mayor Roberts THAT By-law 2017-71, being a by-law to appoint an acting Chief Building Official and Zoning Administrator, be given third reading, signed and sealed. Carried
i)
By-law 2017-72 - Heritage Committee Appointments Resolution No. 2017-33-29 Moved by Councillor Sleeth Seconded by Deputy Mayor Roberts THAT By-law 2017-72, being a by-law to appoint community and Council members to the Heritage Committee be given third reading, signed and sealed. Carried
Reports for Information
a)
Accounts Payable and Payroll Listing
b)
PW-2017-24 - Supply & Installation of of Power Gate at Keeley Road Patrol Yard
c)
2018 Draft Capital Budget
Information Items
a)
Honourable Charles Sousa, Minister of Finance, re: Legislation for NonMedical Cannabis
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Minutes of Council November, 7, 2017 b)
65th Annual Ontario Small Urban Municipalities Conference & Trade Show
c)
Robert Quaiff, Chair, EOWC, re: Financial Impacts of Bill 148 on Municipalities' Operations
Notice of Motions - n/a
Announcements
a)
Mayor Vandewal noted the Annual Police Services Board meeting is scheduled for November 16, 2017.
b)
Councillor McDougall confirmed the Remembrance Day ceremonies in Verona.
c)
Councillor Sleeth commended Rachel Clow on the 4-H Senior Showperson Championship at the Royal Winter Fair. Frontenac County has the highest per capita of 4-H members in Ontario even though it’s the smallest county.
Question of Clarity (from the public on outcome of agenda items) - n/a
Closed Session - n/a
Confirmatory By-law
a)
By-law 2017-73 Resolution No. 2017-33-30 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT By-law 2017-73, being a by-law to confirm generally previous actions for the Council of the Township of South Frontenac be given first and second reading this 7 day of November, 2017. Carried Resolution No. 2017-33-31 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT By-law 2017-73, 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 7 day of November, 2017. Carried
Adjournment
a)
Resolution Resolution No. 2017-33-32 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT the Council meeting of November 7, 2017 be adjourned at 8:59 p.m. Carried
Ron Vandewal, Mayor
Wayne Orr, Chief Administrative Officer
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