Body: Council Type: Minutes Meeting: Regular Date: February 15, 2011 Collection: Council Minutes Municipality: South Frontenac
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Document Text
Minutes of Council th
February 15th, 2011
Meeting No.7 Time: 7:00 p.m. Location: Sydenham Present:
Mayor,
Gary Davison
Deputy Mayor Councillors,
MarkTinlin
John McDougall Allan McPhail Cam Naish
Bill Robinson
Larry Yoyk Absent:
Del Stowe Ron Vandewal
Staff:
Wayne Orr, Clerk-Admmistrator; Angela Maddocks, Confidential
Secretary, Mark Segsworth, Public Works Manager, Ashley Brown,
Recreation Coordinator 1.
Call to Order
Resolution No. 2011-07-01
Moved by Councillor McDougall
Seconded by Deputy Mayor Tmlin
THAT the Council meeting of February 15th'2011 be convened at 7:00 p.m. Carried.
- Declarations of Pecuniary Interest - nil
Delegations
(a)
Scott Asselstine, re: Site Plan requirements for Concession VII, Part Lot 6
Scott Asselstine referred to the February 1st Council meeting and the public
meeting for rezoning this property. Mr. Asselstine indkated that he was
unable to attend that meeting. He explained that the proposed mini storage units are designed to address the concerns of the neighbourmg property owner to the south and face north so that all lighting from this building will
face the north. He stated that he was unaware of the new requirements for the site plan. He noted that he has not received any complaints from the
neighbours to the north and that he was not aware of the fencing requirement to the north. He was concerned about the fencing requirement for the lot severed north of the car wash as the solar panel system can’t be
shadowed by anything otherwise power is cut to the other units in the panel; a six foot fence would block the lower panels.
Councillor Robinson referred to two separate developments on the north
and south end of Harrowsmith. He questioned why Council was hanging onto the old site plan as the township planner indicated that Council can
make any changes they wish. He felt that there has never been a requirement for a deposit before on a site plan. He noted that the property is already three feet below the road. He commented that the property owners were upstauding business people and he does not like individuals telling Council what to do.
Councillor York stated that Mr. Asselstine owns the entire block on the east
side of Road 38 with the closest house being 400 feet away and 700 feet being
the distance from the car wash to the complainant’s house.
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February 15th, 2011
- Public Meeting - nil
- Approval of Minutes (a)
Council Minutes
Resolution No. 2011-07-02
Moved by Deputy Mayor Tinlin Seconded by Councillor McDougalI THAT the Council meeting minutes of February 1st, 2011 be approved. Carried.
(b) Committee of the Whole Minutes Resolution No. 2011-07-03
Moved by Councillor McDougalI Seconded by Deputy Mayor Tinlin THAT the Committee of the Whole meeting minutes of February 8th, 2011 be approved.
Carried.
- Business Arising
(a) Councillor McPhail questioned the mandate of the Point Park Improvement Committee and requested clarification of the role of this committee.
Wayne Orr, CAO, stated that this committee was established as a subcommittee of Loughborough Recreation but there is no mandate other than fundraising at this point. 7. Reports Requiring Action (a)
Accounts
Resolution No. 2011-07-04
Moved by Deputy Mayor Tinlin
Seconded by Councillor McDougaIl
THAT_CouaciI approve the payment of the Accounts Payable Voucher tfi dated February 10tn, 2011 in the amount of $391,227.82.
Carried.
(b) Report from Liadsay Mills, Planning Coordinator, re: Review of application for Zoning By-law Amendment in Part of Lot 6, Concession VII, Portland District
WayneOrr spoke to this report and noted that there are five questions on
Page 17 of the agenda package that Council needs to consider in order to move this application forward.
- Should the fence and plantings at the north of the site and the
landscaping along Road 38 at the west side of the site still be required? Councillor Robinson questioned which site plan was being used as he thought there were only two trees, but the drawing shows five trees. He asked if there was another site plan that council is not aware of.
Mayor Davison commented that if the mini storage building is not constructed then there will be more trees required. He also noted that items
A, B and C are items for Council to make a decision on.
Deputy Mayor TinUn felt that if Council agreed to the new site plan and if the mini storage building was constructed then there was not a need for trees on the south end.
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th
February 15th, 2011
Councillor McPhail felt that the tree buffer (item B) could be waived if it
mterfered .ith the _solar panels, and item C, the buffer along Road 38",
in
front of the car wash could be waived as there is no room for trees as the lot
is paved right to the township road allowance. He approved of the tree. along the south end behind the proposed mini storage building Mayor Davison felt that there was not a need for fencing around the entire property and he didn’t want to impact the solar panel.
Councillor Robinson commented that he felt there was not a need for trees on the north as there are existing trees there now. He felt there need for items A, B or C.
more
was no
CounciUor_McDougaU felt there is a need for compromise to address the
coaceras of neighbours. He felt it would be okay to leave out the trees, but if
the_mmi_storage building is not constructed, he agreed with the trees as a buffer. He felt there should be something in place for the north end of the property for a buffer.
Councillor York felt the site plan should allow for the front of the property
to remain opened up for advertising.
Wayne Orr clarified the rationale behind having items B and C in place. Councillor Naish felt that items A, B and C could be eliminated as the mini
storage building addressed the main concern which was the lighting on this
property affecting the neighbour’s property.
- If the above landscaping items are required, should the size of the trees be specified?
Wayne Orr explained that if the property is rezoned but there is no mini
storage building constructed there would be a new site plan in place. Councillor York was concerned with the tree size requirement as the root system can affect the structure or the footings of a building. Councillor Robinson felt Council should vote on these items.
Wayne Orr explained that this discussion is an attempt to prepare a firm document that will identify what Council wants in the-site plan and specifically if there is a requirement for the size of trees.
Mayor Davison felt there should be a required size for the trees and not shrubs.
Councillor McPhaiI felt that there should be a minimum requirement for trees of 5 feet or something equivalent to greenhouse stock. Councillor Robinson referred to the absence of two Councillors and asked if
Council will have to go through this discussion again.
Mayor Davison responded that while these councillors can offer comments, the decision for the new site plan will be decided upon at this meeting.
Councillor York felt it was okay to ask for a five foot tree requirement;
however some trees can be 20 feet around. He felt the requirement should be 10 feet.
WayneOrr noted that the general consensus was to specify the tree height at 5 to 6 feet.
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4
- Should the owner be required to undertake a traffic study and do the upgrades to Road 38 if the study determines it is necessary?
Councillor Robmson felt there was no reason for a traffic study as this
section of Road 38 is level.
Councillor McPhail felt that a mini storage facility will not generate
traffic.
Deputy Mayor Tinlin recognized that the traffic study is only one part and the cost for turning lane is expensive. He felt there is no evidence-to prove increased traffic.
Councillor McDougall agreed that there would not be an increase in traffic
going into this site.
- Is June 30,2011 the date Council wishes to use as a completion date? Wayne Orr noted that Mr. Asselstine has indicated that he can’t meet the th June 30 deadline and another completion date needs to be defined. Mayor Davisoa agreed that June 30th would not be a feasible time to have construction completed.
When asked by Councillor Naish what time frame would work best, Scott Asselstine felt the construction could be completed by September 30th. CouncUlor McPhail suggested that the date be October 30th to give some
leeway.
Wayne^ Orr noted that if the construction is not completed then the township is back to square one with this proposal. 5) Is $5000.00 an acceptable security in this situation?
Councillor Robinson questioned why the security amount was so high as the
township only asks for $800.00 as a deposit for swimming pools.
Wayne Orr explained that this amount represents the cost to the township to have the work completed should the owner not follow through with the site plan requirements.
Councillor McPhail felt this was an appropriate amount.
Deputy Mayor Tinlin felt this amount was okay and shows good faith that the work will be completed. Councillor Naish agreed with the $5000.00 amount.
Councillor York felt this amount was high.
Mayor Davison reminded Council that this is a refundable deposit. Scott Asselstine stated that he has no problem with the security amount however he wanted the wording to be the same as the original site plan. Wayne Orr replied no, the rezoning will have a new site plan.
(c) Report from Wayne Orr, Chief Administrative Officer, re; Closed Meeting Investigator
more
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February 15th, 2011
Wayne Orr spoke to his report and noted that this IS a one year appointment with an option for renewal. It is on the same basis as before *
with no up front costs.
Deputy Mayor Tinlin asked if there were any retainer fees associated with this renewal.
Wayne Orr confirmed that there is no retainer fees involved. (See By-law 2011-10)
(d) Report from Ashley Brown, Recreation Coordinator, re: Triathlon Somersault Events - July 3, 2011
Ashley Brown, Recreation Coordinator referred to her report and the
request from Somersault Events to host another triathlon event in
Sydenham in July as they have for the past two years. She noted that this
has been a popular event that has drawn approximately 400 participants last year. Somersault Events have requested that South Frontenac provide a letter of agreement which would cover a five year period so that annual approvals are not needed. There is a provision for either party to opt out of
the agreement by giving a 9 month notice.
Councillor Naish referred to the closing of the boat ramp and questioned
the opportunity for the public to view this event.
Ashley Brown confirmed that the public will still be able to watch the entire event.
Councillor Robinson asked if this agreement excludes the use of the football field.
Wayne Orr noted that this group will need the use of the football field.
Mayor Davison referred to #3 of the agreement with respect to community organizations, local charitable groups being involved in this event and
questioned what benefits there may be to the community. Ashley Brown noted that Somersault has donated to the legion and the Cataraqui Trail.
Councillor McPhail questioned the clause concerning the township being saved harmless of all event related costs.
Ashley Brown confirmed that there is no financial burden or liability for the township.
Councillor McPhail asked if there was a listing of items to be covered under their costs.
Wayne Orr noted that Somersault Events wiU be paying the OFF for their part in the event, they will also be paying for the pumping of the septic system and any other direct costs will be billed to them.
Councillor Robinson and Councillor York were concerned about liability.
Mayor Davison reiterated that Somersault Events have their own liability insurance and they recognize that it is their responsibility.
Ashley Brown confirmed that there is a reciprocal escape clause in this agreemeut.
Resolution No. 2011-07-05
Minutes of Council
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February 15th,th 2011
Moved by Councillor McDougaIl Seconded by Deputy Mayor Tinlin
^.H^T.COU.UCil authorizes wayne Orr, Chief Administrative Officer, to sign ^leue^f a^ent bet.een^SomersauU Event Series and the Township of South Frontenac for the hosting of Somersault, of an event in the viUag’e
^f^d^a^!.°-^ l^vILasth^s^Ilh^m.Triathlon’ Duathlon and Run;
AND that Council authorizes that The Point and boat launch be closed to
the public on the day_of Sunday, July 3, 2011 for the Sydenham Triathlon,
Duathlon and Run to be hosted by Somersault Events.
Carried.
(e) Report from Mark Segsworth, Public Works Manager, re: South Frontenac Waste Recycling Strategy
Mark Segsworth referred to his report and noted that it will be posted on the township website for public input as well as being advertised in local
papers
.
Deputy Mayor^Tiinlin asked if the waste recycling strategy would be a project for the Public Works Services Committee.
Mark Segsworth confirmed that this committee has been dealing with this issue.
Councillor Robinson stated that he has talked to 110 people who would
prefer to have $15.00 put on their tax bill.
Mayor Davison commented that this is 110 residents out of 17,000. Mark Segsworth asked what the $15.00 charge on tax bUls would be for.
Councillor Robinson replied that this would be for waste only. Mayor Davison felt this was a budget discussion issue. Councillor York offered to demonstrate the construction of a homemade
composter made out of pallets wired together.
Mark Segsworth agreed that public education is an important aspect of the
waste reduction strategy.
Mayor Davison noted that there have been very few complaints from Bedford District.
Deputy Mayor Tinlin felt that there may be some concerns once seasonal residents are back in June.
Mayor Davison complimented staff on the progress made in extending services into Bedford District.
Resolution No. 2011-07-06
Moved by Deputy Mayor Tinlin Seconded by Councillor McPhail THAT Council receives the Draft Waste Recycling Strategy for public input. 8.
Carried.
By-laws
Councillor McPhail stated that he objects to portions of By-law 2011-12 with respect to the inclusion of the Point Improvement Committee. He felt that
the mandate of this committee has not yet been determined and should not be included in this by-law. He also felt that the South Frontenac Recreation
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February 15ttl,th2011
Committee should be bringing the draft conceptual plan for Point Park improvements to Council.
Resolution No. 2011-07-07
Moved by CouncUlor McPhail
Seconded by Councillor York
THAT the following by-law be given first and second reading: .
By-law 2011-10
.
By-law 2011-11
.
By-law 2011-12 (as amended)
Carried.
(a) By-law 2011-10 Resolution No. 2011-07-08
Moved by Councillor McPhail
Seconded by Councillor York
JI^T-By~I.iIW 2011-10> being a by-law to appomt Fournier Consulting
Services as the meetings investigator, pursuant to Sections 8, 9 and 10 and
239.1 of the Municipal Act, 2001, as amended, be read a third time, signed and sealed.
(b)
Carried.
By-law 2011-11 Resolution No. 2011-07-09
Moved by Councillor McPhail
Seconded by Councillor York
THAT By-law 2011-11, being a by-law to provide for an interim tax levy;
payment of taxes; to provide for penalty and interest of 1.25% on tax arrears Carried. per month, be read a third time, signed and sealed. (c)
By-law 2011-12 Resolution No. 2011-07-10
Moved by Councillor McPhail
Seconded by Councillor York
THAT By-law 2011-12, being a by-law to appoint persons, including Council
members to various boards, committees and associations for the term 2010-
2014, be read a third time, signed and sealed as amended. 9.
Carried.
Reports for Information - nil
- Information Items
(a) Ministry of Agriculture, Food and Rural Affairs, - Important Training for Municipal Councillors - CED 101 Fundamentals of Economic Development (b) Quinte Region Drinking Water Source Protection - Meeting Summary January 2011
- New Business
- Committee Minutes Resolution No. 2011-07-11
Moved by Councillor McPhaiI
.
THAT Council receives the committee minutes of the various Township Committees of Council as presented at the February 15th, 2011 meeting: Minutes of the Loughborough Recreation Committee meeting held November th 29(n, 2010
Seconded by Councillor York
In Camera
Carried.
Minutes of Council
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February 15th,th 2011
Resolution No. 2011-07-12
Moved by Councillor York
Seconded by Councillor Naish
THAT the Council meeting of February 15’", 2011 move in-camera to discuss matters related to personnel, property matters and litigation. Carried. Resolution No. 2011-07-14
Moved by Councillor Robinson
Seconded by Councillor Naish
THAT the Council meeting of February 15th, 2011 move out ofin-camera. Carried.
- Confirmatory By-law Resolution No. 2011-07-15
Moved by Councillor Naish
Seconded by Councillor Robinson
THAT By-law 2011-13, 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 15tn day of February 2011.
Carried.
Resolution No. 2011-07-16
Moved by Councillor Robinson
Seconded by Councillor Naish
THAT By-law 2011-13, be read a third time, signed and sealed this 15thday of February 2011.
Carried.
- Adjournment Resolution No. 2011-07-17
Moved by Councillor Naish
Seconded by Councillor Robinson
THAT the Council meeting of February 15th, 2011 be adorned at 8:35 p.m. Carried
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