Body: Council Type: Minutes Meeting: Regular Date: January 11, 2011 Collection: Council Minutes Municipality: South Frontenac
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Document Text
Minutes of Council th
January llm, 2011
Meeting No. 2 Time: 7:00 p.m. Location: Sydenham Present:
Mayor,
Gary Davison
Deputy Mayor
MarkTinlin
Councillors,
John McDougaU Allan McPhail Cam Naish Bill Robinson Del Stowe Ron Vandewal
Larry York Staff:
Wayne Orr, CIerk-Administrator; Angela Maddocks, Confidential
Secretary, Mark Segsworth, Public Works Manager, Lindsay Mills, Planning Coordinator 1.
Call to Order Resolution No. 2011-02-01
Moved by Deputy Mayor Tinlin Seconded by Councillor McDougall th, THAT the Council meetiug of January 11 ’ 2011 be convened at 7:00 p.m.
Carried. 2.
Declarations ofPecuuiary Interest Councillor Robinson declared a pecuniary interest with respect to Page 2 of the Accounts Payable Voucher.
Mayor Davison commended the township staff for their fundraising efforts with the Salvation Army Food Drive which provided twelve Christmas baskets to needy families. 3.
Delegations
(a) Joe Gallivan, Anne Marie Young, Peter Young - County of Frontenac and Mike Keene - FoTenn Consultants, re: Community Improvement Plan Joe Gallivan aud Anne Marie Young explained that a Community Improvement Plan allows small settlement areas to maintain and strengthen what exists within that community. Anne Marie Young noted that small businesses are the unsung heroes of communities and it is the support of the business community that makes a CIP work well. She noted that there are financial incentives available as well as funding through the Federal Gas Tax.
Peter Young and Mike Kccne provided a power-point presentation on the community improvement program and gave examples of how this program has worked in other communities. They discussed the process used by the County to choose Verona for this program. (A copy of the presentation is attached to the minutes).
Mike Keene of FoTenn Consultants explained the criteria used to determine which community would benefit the most based on policy framework, community form, size, public land/amenities and business support. He noted that the benefit of a Community Improvement Plan is that it allows a municipality to establish financial incentive programs to stimulate development and community improvements that are otherwise prohibited under the Municipal Act.
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January 11ul, 2011
Joe Gallivan requested Council’s support for this program to allow the County to move forward with this project.
Councillor York was concerned with the spin off and what would happen to other communities. He felt funding for this should not be tax dollars.
Mike Keene commented that Verona is the “pilot” project only and can be copied and expanded to other communities.
Councillor Vandewal had concerns with respect to the process and why did South Frontenac Council find out about this project after the fact. He would have liked to see South Frontenac be included in the process. He questioned the duplication of service between this program and what the Community Futures Development Corporation provides.
Anne Marie Young explained that the CFDC has tried to get this type of project off the ground for years, however the federal funding gives the CIP more leverage.
Joe Gallivan commented that the CIP provides a community with direction for five years. This project can be funded by the Federal Gas Tax and there is a potential for more spin off from this type of program. He felt the CIP allows more room to help the private sector. Councillor Stowe asked if there was any burden on the Planning Department to fulfill the commitment of this program. Lindsay Mills stated that the County has taken on the most of the workload so far.
Councillor Stowe asked what would happen if Council did not approve of Verona for this program. Joe Gallivan responded that the recommendation would be for Sharbot Lake ifVerona was not approved. Councillor Robinson agreed with Councillor Vandewal in that South Frontenac should have been more informed about this project in the earlier stages.
Councillor McPhail felt the CIP was a good idea however he felt there should have been more in depth information about how the program operates. He was also concerned about the information flow to Council during this process.
Mike Keene referred to a How chart in his presentation that simplified the process and agreed that Councillor McPhail’s concerns were valid. He indicated that the presentation to Council and the request for endorsement is part of the process. Deputy Mayor Tinlin stated that he would also like to see the success stories aud the advantages and disadvantages of the program. Councillor McDougall recognized the difficulty in moving ahead with the private sector and felt that this program would encourage communities such
as Verona. He was in support of building on the County initiative to move forward with this project. Councillor York also felt that Council should have had more input.
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Wayne Orr, Chief Administrative Officer, commented that South Frontenac
wiU have access to funding for this project through the Federal Gas Tax and
noted that_while details on the specifics of this program have not yet been formulated, there will be a report and recommendation coming forward at next week’s Council meeting.
- Public Meeting - nil
Approval of Minutes
(a)
Committee of the Whole
Councillor Robinson questioned the status of the site plan agreement for the car wash in Hartington.
Wayne Orr explained that the township did not receive the application for rezoning until December 21" and that February 1" is “the earliest opportunity for a public meeting. Resolution No. 2011-02-02
Moved by Deputy Mayor Tinlin Seconded by Councillor McDougall THAT the minutes of the Committee of the Whole meeting held of December th 141”, 2010 be approved.
(b)
Carried.
Council Resolution No. 2011-02-03
Moved by Councillor McDougall
Seconded by Deputy Mayor Tinlin
That the Council meeting minutes of December 21st, 2010 be approved. Carried.
(<0
Committee of the Whole Resolution No. 2011-02-04
Moved by Councillor McDougall
Seconded by Councillor Naish
THAT the minutes of the Committee of the Whole meeting held January 4th, 2011 be approved. 6.
Business Arising - nil
Reports Requiring Action
(a)
Accounts
Carried.
Resolution No. 2011-02-05
Moved by Councillor McDougall
Seconded by Deputy Mayor TinUn
THAT Council approve the payment of the Accounts Payable Voucher th
dated January 8In, 2011 in the amount of $2,324,836.00. (b)
Carried.
Livestock Valuation Resolution No. 2011-02-06
Moved by Councillor McPhail
Seconded by Councillor York
THAT subject to the completion of the required affidavit, that Council approves the following livestock valuations: NAME
AMOUNT
LIVESTOCK
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- Terry Thake
$ 850.00
One Simmental Cross Cow Carried.
(c) Report from Lindsay MiUs, Planning Coordiuator, re: Review of Conditions for Draft Plan of Subdivision in Part of Lot 22, Concession II, District of Storrington.
Lindsay MiUs reviewed his report and noted that this proposal for a
subdivision first came to Council in 2006 at which time there were two
issues of concern. The was a need to address the MDS calculation with
respect to the large farming operation and the Cataraqui Region Conservation Authority required a storm water pond instead of ditching. Councillor Vandewal noted that the neighbouring farmer was vehemently opposed to this development and there was concern that there should not be any cattle within the MDS arc.
Lindsay Mills felt that there was more concern with buildings and manure.
He noted that there are hvo calculations, MDS1 regulates housing development close to existing farming operations and MDS2 regulates farming near existing residential areas.
Councillor Vandewal commented that technically the farming operation is moving closer to a residential area.
Lindsay Mills stated that the applicant and the developer have come to an agreement. He noted that the area being added to the farming operation can’t be a stand alone lot because it can’t be developed. Councillor McPhail referred to the KFL&A Health Unit comments from
2006 and if they have been advised of the changes to the agreement. Mr. Mills confirmed that he has discussed the changes with Dave Cooke and
they are in agreement as there are fewer lots than originally proposed. Councillor McPhail questioned the requirement for a one metre reserve on the turning bulb and was concerned about future development on the farm. Mayor Davison noted that that development would be denied based on the MDS calculation.
Councillor Vandewal referred back to his original comments aud felt that there should be a condition that would restrict the farmer from spreading manure on the portion of property that is being added to his farming operation.
Councillor Stowe commented on the access to the farming operation on to the new road via the cul-de-sac and noted that the MDS restricts
development in this arc, however if the farming operation no longer existed, it would have to be severed to allow for development at that time. Lindsay Mills felt that the only reason to close this reserve around the culde-sac would be to deny use of the farming equipment on the new road within the proposed development.
Councillor Stowe asked about rezoning the lot addition to open space. Lindsay Mills stated that this is a lot addition and should not be created as a separate parcel. He noted that it is dilticult to deny agriculture use. He assured Council that he would come back with some scenarios. He also
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noted that under the MDS2, the farmer would not be allowed to spread manure on the parcel added to the existing farming operation.
Councillor York felt the farmer has lots of room to spread manure on other
parts of his property and that the agreement behveen the developer and the adjacent property owner improved the proposal.
Councillor Naish asked if the farmer wanted the property as a lot addition.
^iu^sa^^Iil!slexp]lam-e^ tha? theaPPlicant has already made an appeal to the Ontario Municipal Board so that any decision made will be final.
Councillor McPhail agreed with Councillor York and felt it was
inappropriate for Council to presume that the farmer is getting the property free.
Resolution No. 2011-02-07
Moved by Councillor York
Seconded by Councillor McPhaU
THAT Council receives for information the comments and attachments
contained in the Planning Report dated January 5, 2011 regarding the Township’s recommended conditions for draft plan approval of the subdivision at Collins Lake proposed by Barry Campbell. Carried.
(d) Report from Wayne Orr, Chief Administrative Officer, re: Council Sub Committees
Wayne Orr referred to his report as a result of previous discussions with Council on committee structure.
Councillor McPhail referred to the “Development Services” committee and
felt that any member of Council that is on the Committee of Adjustment should not be on the Development Services Committee.
Councillor Vandewal commented that the same argument could be made for appointments to the Cataraqui Region Conservation Authority.
Councillor McPhail disagreed as the conservation authorities are a separate board with their own identity.
Councillor Stowe and Councillor Naish agreed with this rationale. Councillor Vandewal questioned the role of the committees and their
purpose if they are only to bring issues to Council and have no authority to give direction.
Wayne Orr explained that they would meet with staff and provide clarity.
He noted that direction needs to come to all of Council for policy development.
Councillor York commented that if these committees do not have the
authority to make any decisions there was no need for them. Wayne Orr explained that Council had indicated the need for these committees.
Councillor Stowe felt there was a valid use for this committee structure but
was still concerned with the Committee of Adjustment being included under the Development Services committees and they are a stand alone committee.
Councillor Vandewal stated that there can be conflict with any committee.
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Deputy Mayor Tinlin felt some of these concerns expressed were logical
arguments but the Committee of Adjustment could be controversial and he
felt this committee structure would be more transparent.
Councillor Vandewal felt that the Committee of Adjustment should be removed from listing of development services.
Councillor McPhail felt the Development Services Committee was an
opportunity to develop reasonable planning trends and provide greater
understanding of planning matters.
Councillor McDougall felt it was common sense to have smaUer working groups to look at issues and that this structure would provide a political perspective to issues.
Councillor York felt that the committee of Adjustment works well with the Planner and within the Official Plan guidelines. He noted that some
decisions have been appealed to the Ontario Municipal Board and ruled in favour of the committee’s decision.
Councillor Vandewal felt it is an insult to those appointed to Committee
of Adjustment and that the Development Services Committee would just be another layer that is not needed.
Councillor McPhail stated that he did not say the Development Services Committee would make decisions.
Councillor Robinson agreed with Councillor Vandewal’s comments. He
cautioned the new Council members going into unknown territory. Discussion continued with respect to the misconception of the role of the Development Services Committee. Councillor Naish felt that the issue lies within the fact that there is an
overlap of representation between the Committee of Adjustment and the Development Service Committee. He commented that if Councillors
Robinson and York are not interested in the Development Service Committee then there was not a problem.
Councillor Stowe asked Wayne Orr if there was any perceived issue with having an overlap of representation on Committee of Adjustment and the Development Services Committee.
Wayne Orr explained that these committees are not decision making bodies. Councillor Robinson asked for a recorded vote.
Councillor Vandewal felt that in fairness, Councillor York is not on any of the new committee. Resolution No. 2011-02-08
Moved by Councillor York
Seconded by Councillor McPhail
THAT Council establishes aud appoints Councillors to the following sub committees:
Development Services Committee Councillor Stowe Councillor Robinson
Councillor McPhail
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That the committee focus and role be defined by the attached organizational chart and the corresponding notes.
Carried.
RECORDED VOTES YES NO
ABSTAIN
J. McDougall
YES
NO
ABSTAIN
D. Stowe M. Tmlin R. Vandewal L. York
A. McPhail
C. Naish B. Robinson
G. Davison
^?
Resolution No. 2011-02-09
Moved by Councillor York
Seconded by Councillor McPhail
THAT Council establish and appoint Councillors to the following sub committee:
Public Works Services Committee Councillor McPhaiI
Councillor McDougall Councillor Naish
Carried.
Resolution No. 2011-02-10
Moved by Councillor York
Seconded by Councillor McPhail
THAT Council establish and appoints Councillors to the following sub committee:
Corporate Services Committee Councillor Vandewal Councillor TinUn Councillor York
Carried.
(e) Report from Wayne Orr, Chief Administrative Officer, re: Citizen Appointees th
Councillor Stowe referred to the minutes from January 4m Committee of the Whole meeting and the composition with respect to the district recreation committees and Council members. Resolution No. 2011-02-11
Moved by Councillor McPhail
Seconded by Councillor York
THAT Council direct staff to proceed with advertising for Citizen Appointees for the committees/roles listed below and that selected committees (where Citizen Appointees is marked Open) be asked to provide the names of their members for appointment; THAT the Sustainability, Central Fire, emergency Planning, Community
Policing and Septic Re-inspection Committees be disbanded and that the appointees be thanked for their contribution over the last term. Carried.
(i)
Report from Wayne Orr, Chief Administrative Officer, re: Committee of
Adjustment Appointments Wayne Orr commented on his report.
Councillor McDougaIl asked for a brief overview of the skills of the chosen candidates.
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Wayne Orr then reviewed the qualifications and skill sets of the individuals. See By-law 2011-01 (g)
Wayne Orr, Chief Administrative Officer, re: Building Canada Fund Deadline Extension
Wayne Orr provided a verbal report on the one-time extension of the
deadline for funding of projects under the Building Canada Fund Communities Top-Up with respect to the Sydenham Water Treatment Plant Upgrade. Resolution No. 2011-02-12
Moved by Councillor McPhail
Seconded by Councillor York
WHEREAS the federal and provincial governments are providing a onetime extension of the deadline for funding of projects under the Building Canada Fund - Communities Top-Up, from March 31, 2011 to October 31, 2011;
AND WHEREAS all funding from the Government of Canada and Ontario will cease after October 31, 2011;
AND WHEREAS the Township of South Froatenac has asked the provincial government for an extension to federal and provincial funding to October 31,2011 for the following projects: Program
Project number
BCF-CC
23114
Project title
Total eligible cost
Sydenham
Water
$1,420,000.00
Treatment Plant Upgrade
THEREFORE BE IT RESOLVED THAT the Township of South Frontenac attests that it will continue to contribute its share of the required funding for the aforementioned projects; AND BE IT FURTHER RESOLVED THAT actual claims for all eligible costs incurred by March 31, 2011, for the aforcmcutioucd projects must be and wUI be submitted no later than April 30,2011;
AND BE IT FURTHER RESOLVED THAT the Township of South Carried. Frontenac will ensure that the project will be completed. 8.
By-laws Resolution No. 2011-02-13
Moved by Councillor Robinson
Seconded by Councillor Stowe
THAT the following by-laws be given first and second reading: By-law 2011-01 By-law 2011-02
Carried.
(a) By-law 2011-01 Resolution No. 2011-02-14
Moved by Councillor Stowe
Seconded by Councillor Robinson
THAT By-law 2011-01, being a by-law to appoint members to a committee of
top-up close and sell a portion of the unopened streets as laid out in the original plan for the settlement area of Bellrock, being part of West, Lower and Percy Streets, be read a third time, signed and sealed. Carried.
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(b) By-law 2011-02 Resolution No. 2011-02-15
Moved by Councillor Robinson
Seconded by Councillor Stowe
THAT By-law 2011-02, being a by-law to amend By-law 2011-01, Schedule C, be read a third time, signed and sealed.
Carried.
Reports for Information - nil
- Information Items
(a)
Dell Hallett, General Manager/Secretary-Treasurer, RVCA, re: Notice of meeting for the 2011 RVCA Budget and Levy
(b)
Bryan CIarke, Executive Director, Association of Ontario Road Supervisors, re: Brian Kirk - Certification Council acknowledged the recent certification of Brian Kirk as a Certified Road Supervisor.
- New Business
(a) Councillor McPhail asked when other committee and board appointments would be made.
Wayne Orr stated that a by-law will be prepared for next Council meeting. (b) Councillor Stowe referred to the car wash property in Hartington and questioned the need for rezoning and the permitted uses for the existing .
zoning
.
Waync Orr explained that the existing zoning does not permit rental units. Councillor Robinson stated that he was still confused and questioned why the same property was being rezoned again.
Wayne Orr explained that the zoning for the existing car wash was very specific. He noted that the rezoning to allow the proposed rental units will be
coming to the February 1" council meeting for the required public meeting.
Councillor York asked for clarification in commercial zoning if someone was selling product.
Wayne Orr explained that the items being sold must be specific to the car wash.
Councillor Stowe questioned the 60 day time frame given to the property owner to comply with the site plan. th
Wayne Orr stated that the December 26 deadline has expired and the property owner is not in compliance.
Councillor Vandewal stated that the site plan requirements were clear by the planner from the very start of this development. 12.
Committee Minutes - nil
In Camera - nil
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- Confirmatory By-law Resolution No. 2011-02-16
Moved by Councillor Naish
Seconded by Councillor Vandewal
THAT By-law 2011-03, a by-law to confirm generally previous actions of the Council of theth Township of South Frontenac, be given read a first and second time this 11"* day of January 2011.
Carried.
Resolution No. 2011-02-17
Moved by Councillor Vandewal
Seconded by Councillor Naish
THAT By-law 2011-03, be read a third time, signed and sealed this ll’h day of January 2011.
Carried
- Adjournment Resolution No. 2011-02-18
Moved by Councillor Naish
Seconded by Councillor Vandewal
THAT the Council meetiug of January lltb, 2011 be adjourned at 9:15 p.m. arried
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