Body: Council Type: Minutes Meeting: Regular Date: June 15, 2010 Collection: Council Minutes Municipality: South Frontenac

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Document Text

Minutes of Council

June 15th, 2010

Meeting No. 21 Time: 7:00 p.m. Location: Sydeaham

^^lu^Ter^_ec,ol?itT Awards for 2010 were presented prior to the Council meeting chaired by Mike Howe. The recipients were as follows: Doug and Lynda Boulter Harriet Corkey Pam Morey A copy of each citation is attached.

Mayor Davison extended his sincere appreciation to the Volunteer Award

recipients and all volunteers who support various projects throughout the township Present:

Mayor,

Gary Davison

Councillors,

John FUUon David Hahn Jim Hicks

Allan McPhaiI Bill Robinson Del Stowe Ron Vandewal

Larry York Staff:

Wayne Orr, Clerk-Administrator; Mark Segsworth, Public Works

Manager;_ Lindsay Mills, Planning Coordinator; Angela Maddocks, Confidential Secretary, Rick Chesebrough, Fire Chief, Alan Revill, Chief Building Official 1.

Call to Order

Resolution No. 2010-21-01

Moved by Jim Hicks

Seconded by Allan McPhail

THAT the Council meeting of June 15th, 2010 be convened at 7:00 p.m. Carried.

  1. Declarations of Pecuniary Interest - nil

Delegations - nil

  1. Public Meeting Resolution No. 2010-21-02

Moved by Allan McPhail

Seconded by Jim Hicks

THAT a public meeting be held to discuss planning matters related to: .

Closing ofUnopened Road Allowance between Concessions 3 & 4, in Lots 23 and 24, District ofStorrington

. ZOIling By-law Amendment Z-10/08, Concession IX, Part Lots 1 & 2, District of Loughborough - Nickel

a ZOIlmgTemPorary Use Zoning By-law Z-10/10, Concession X, Part Lot 8, District of Portland- Fiuk

.

Zoning By-law Amendment Z-10/12, Concession V, Part Lot 2, District of

Loughborough- Keller

Carried.

Minutes of Council

June 15th, 2010

2

^ ?iIOJ^8^f^n^5e!le?.?oad Allowance between Concessions 3 & 4, in Lots 23 and 24, District ofStorrington

Lindsay Mills recommended the passing of By-law 2010-47. He noted that

Council had given agreement in principle on’May 5, 2009 to’faciUtate “lot

additions to lots on Round Lake Road -leading to Invert Lake: He-noted

Aat he ^received letters ofconcen. from neighbounngproperty-ownerT

He noted Margaret Van Beers concerns with access and he felt that this road

closing would not affect the use. Mr. Voith had concerns with this request back in 1994^ the request to close this road allowance had been denied’by

Storrington Township Council.

Mr. Mills stated that he visited the site which has recently been surveyed and he found it to be very rugged with steep cUfl-s. He felt that there could not be

?.^oad PutthI’OIIgh this unopened road allowance. He explained that part of this road allowance has already been closed and that the only reason to not close the road allowance would be for future road construction but felt that was not possible.

Ron Vandewal stated that when the owner came to Council an agreement in principle was given to close the road allowance and he acknowledged that a

^i!i^^li!!^e«Ii^a^!,^Ilcl^L^lIl<la^?l^ee-n ^!osed^e w?s happy

with agreeing “in principle” to these requests as Council is voting on these things at a veiy early stage. He felt that an environmental study “regarding

development on Inverary Lake was a good idea and that a 40 metre setback

for these lots would address concerns with respect to the impact on water. BU1 Robinson agreed with Lindsay Mills that this portion of the road allowance is no use to the township in the future.

Del Stowe asked Lindsay Mills if more lots have been applied for. Lindsay Mills explained that there have been applications for lot additions

that require this portion of the road allowance to be closed as a condition of the consent applications. He noted that there are no additional lots beine created and that these lots exist and the intent is to have them extend to the lake with the subject lot additions.

Del Stowe asked if these would be natural severances. He asked what the fee would be for the road allowance.

Lindsay Mills stated that the proposed development is considered low density and the hvo parcels will be an 86 acre parcel and a 46 acre parcel. He noted that the fee for the road closing would be around $49,000.00. David Hahn agreed with Ron Vandewal on having an environmental impact

study done on Inverary Lake. With respect to the approving “in principle” he felt that given the information at the time, there was no reason to deny

the request. He supported the neighbours getting an opportunity to comment on the effects of this road closing. Larry York felt that no one wiU be blocked off as no one could use this

section of the road allowance without a parachute. He felt the larger lots and greater setback from the lake address the environmental concerns.

Jim Hicks asked what advantages there would be for the township in closing this road allowance.

Lindsay Mills responded that the sale of the unopened road allowance

provides revenue to the township. He also noted that the applicant will be allowed to join these lots.

as

Minutes of Council

June 15th, 2010

Jim Hicks questioned the ability for the applicant to sever these parcels once they have been jointed.

^J.nj!lajJ^iu^a-!e^i^o’-i<.h^t.the aPPlicant has already applied for three severances which will be all that is allowed from the parent parcel.

Jim Hicks asked if this would change once the Official Plan is approved. Lindsay Mills responded that it may be possible but he doubted that this parcel would be approved for more severances.

Ron Vandewal stated that the township has closed hvo road allowances

leading to .ater, one at the end of RaUton Road and the otherin S^g

Harbour.

Mayor Davison was concerned that the lots to the north would qualify for additional severances.

L.inclsayMi^s expiamed that m the Official Plan wording with respect to severances that it relates to the physical area of the land and that M/Beach

can’t create any more lots from these parcels.

Janet Voith referred to correspondence from July 6, 1994 from the

Township of Storrington with respect to the Council of that time denying a request to close this road allowance as they felt there was value in keepingTit.

She stated that no factors have changed since then. She felt that the subject property allows access to her property and will restrict the use of her

property if the road allowance is closed. She asked Council if any studies

have been conducted to determine the value of this land as there was a value to keep this road allowance open. She indicated that the north side of the road allowance crosses through a Class 1 wetland that no road could cross

through. She felt that Mr. Beach has not represented the neighbours and

while she has been advised by the Planning Department that abroad closing cannot be appealed to the Ontario Municipal Board she has confirmation

from the 0MB that this can be done. She felt that there was a need for

consistency m decision making and stated that she will appeal the township

decision to close the unopened road allowance.

John FiUion referred to the road closmg request in 1994 and stated that half

of the road allowance had been offered to the abutting property owners but one of the owners did not want to purchase their share at that time. He

stated that Manly Man had given property to the township to help clean up an unsafe intersection years ago. He felt the public is not using the road allowance due to the terrain.

Margaret Van Beers stated that she has the same concerns as Janet Voith.

She noted the agreement in “principle” that Council gave in 2009 and wondered if she should have been notified then of this proposal. Lindsay Mills explained that the applicant was only asking about the sale of the road allowance and there was not an actual application filed at that time.

He further explained that this meeting was the public input process to t

receive comments.

Grcg Farrington, a property owner to the west, felt that the recent

developments to this property have been very positive. He stated that there used to be lots of trespassing but this area is safe and quiet now. He felt that

if the road allowance were to remain open then there would be trespassing again. He supported the closing of this road allowance.

David Finlay who lives across from the subject property supported the concerns of Janet Voith. He felt that other residents are being denied access

3

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y<wws/u^ of<St<wwyt(w^ Incorporated 1850

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Jacob, MacPherson, Hogai^, Barristers and Solicitors, P.O. Box 668, 235-237 ;Queea Street, KINGSTON, Ontario. K7L4X1 Dear Sir

Re: David Turpin, Application for closure of those portions of the original T

road allowance between concession 3 and 4, designated Parts 2,3, and 4 on Reference Plan 13R-1145 1

Please be advised fhat Dr. and Mrs. Tuq)in’s request to have the aforementioned road allowapce closed and deeded to Dr. and Mrs. Turpin has been denied by Council at the last regular meeting of Council on Juty 4th., 1994. It is Council’s position that this unopen road allowance may have value to future generations of citizens in Storrington Township, and therefore Council has determined that the up-open road allowance should be retained under fhe ownership of the Tofwaship. ybilrs

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moftheTown Take notice that the Council of the Corporatio Np^ifS^iril^sfTt^ac ^ft^ses to ^a^ aby^wto stb^i^^^ai^ ^/part c^l^e &r^^Nad A^Baifr ance at the following location:

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Council will hota a public hearing on the proposed road dosing on Tuesday, June ISth, 2010t,M7^pJft.in^CoyndlChaffnberS>at443£2Geoit!G|e^E,^iclejiham

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Further documen»tion; pertaining to this proposed Road Ooai^ may be inspected at the South Frontenac Township Offices. Dated this 18th day of May, 2010. Planning Department

^iwiisNp of South Frontenac Per; Anne Levac 813-376-3027 ext 2224

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Tel: 613-35^322

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yauws/u^ ofJtwvwy&w Incorporated 1850

July 6th., 1994 Mr. Gary R. Jacob,

Jacob, MacPherson, Hogan, Barristers and Solicitors, P.O. Box 668, 235-237 Queen Street, KINGSTON, Ontario. K7L4X1 Dear Sir

Re: David Turpin, Application for closure of those portions of the original road allowance between concession 3 and 4, designated Parts 2,3, and 4 on Reference Plan 13R.-11451

Please be advised that Dr. and Mrs. Turpin’s request to have the aforementioned road allowance closed and deeded to Dr. and Mrs. Turpan has been denied by Council at the last regular meeting of Council oc July 4th., 1994. It is Council’s position that this unopen road aUowswe may haeve vahe to foture generations of dtizeas in Stwrii^ton Toimship, and tiiere&ie Ccnmcfl has detemrined tiiat the up-<^en road attowance stoild be retained under the ownership of Ac Township. Yours truly,

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Michael and Janet Voith

3207 Randy dark Road RR1 Battersea,ONKOH1HO 613^53-6380

voith.family@sympsrtico.ca 4 June 2010 Anne Levac

Planning Department Township of South Frontenac P.O, Box 100

4432 George Street Sydenham,ONKOH2TO OBJECTION - NOTICE OF ROAD CLOSURE

References: A. Notice of Road Closure dated 18 May 201 0 8. Township of Storrington letter dated 6 July 1994 The purpose of this letter is to object to ttie closing of a portion of fhe unopened road allowance between concession 3 and concession 4, lots 23 & 24 in the District ofStomngton,

We are the owners of 160 acres of parts of lots 25 and 26 concession 3, Reference Plan 13R’t9744, of which the subject road sdtawance provides access to our property from the west which enters off of Road Lake Road. Although this road allowance is not currently in use, it was established by the original surveyors and planners to provide access to properties including mine in the future if required. Closing this road allowance will restrict my options and future property owners for accessing and/or developing the property. In this regard, draw your attention to reference B, a previous request to dose a portion of the road allowance, which stated:

Please be advised that Dr. and nrtrs. Turpin’s request to have the aforementioned road allowance [13R-11451) closed and deeded to

Dr. and Mrs. Turpin has been denied by Council at the last regular

meeting of Council on July 4th. 1994. Jt is Council’s posftton that

this un-open road allowance may have value to future generations of citizens of Stomngton Township. and therefore Council has determined that the up-open road allowance should be retained under the ownership of the Township; Since the decision by council to deny the dosing of the road allowance on

July 4th, 1994. no Factors have changed which would warrant any rooonsidejatton for the ctoang of any portion of the subject road altowance. Justbecausea

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developer has increased his land holdings, and the existing road allowanoe

!srsss.^ssss’^s.a^s’£!±^ property. Therefore, we object and will appeal any Township decision to dose any portion of the roadatlowan^ with the Ontario Municipal Board.

My wfe>Janet voittl» wl> represent our interests at the June 15th, 2010 public hearing. I request that you add her name to the agenda so’that she may address Council at this public meetinQ.

ours truly

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P.O. Box 100, 4432 George Sttcet

Sydenham, Ontario, KOH2TO

Telephone (03) 37^3027 0^1-800-559-5862, Fax - (615) 376-6657 Lindsay Mills, Manmng Coorfmator/Deputy CleA <art 22il *nun8@tGfwn&hip.BimAfro(ntenac.on.ca

Anne Levac, Planning Assistant cxt 2224 aleTOC@town8Up.aouthfrontenac.on.ca June 1,2010 Michael Robert Voith 3207ClaricRd.

Battersea, ON KOH 1 HO

DearMr.Voitfa;

X^ l?[I?Lbe_aw?rlthatarequesthas ?e?n,made to To^nsh^ C.OI!ncilto close and seu a portion of the unopened

SSr£5;s^^£rs^D«“s.‘3?ss=^^ l?e.he^ian,Tue!sday^ Ju?e l^,at 7:0? p’m.in the coyncilchaml)ers, 4432 George St, SydMihmn.’nie decision as to fhe closure and sale of this portion ofunopened road allowance will be based on the likelihood that tfie

Townshipwould ever haveaneed for this n>ad allowance asapublic road, and on the impacUfany.-on neig^out?g ProPerty owners- Because your property abuts this road allowance farther to the ea^^iam

^^in^S?^f?^a^.c!!?-t?..:^ui’^1.1!v^1^ enoourage you to make any of your concerns known, in writing, to fhe Township prior to fheir June 15 meeting. Yours truly,

<^L-^ Anne Levac

Planning Assistant

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PROPOSED ROAD CLOSING

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Michael and Janet Voith

3207 Randy Clark Road RR1 Battersea,ONKOH1HO 613-353-6380

voith.family@sympatico.ca 4 June 2010

Anne Levac

Planning Department Township of South Frontenac P.O. Box 100

4432 George Street Sydenham, ON KOH 2TO OBJECTION . NOTICE OF ROAD CLOSURE

References: A. Notice of Road Closure dated 18 May 2010 B. Township of Stomngton letter dated 6 July 1994

The purpose of this letter is to object to the closing of a portion of the

unopened road allowance between concession 3 and concession 4, lots 23 & 24 in the District of Stomngton,

We are the owners of 160 acres of parts or lots 25 and 26 concession 3, Reference Plan 13R19744, of which the subject road allowance provides access

to o^r^propwty from the west which enters off of R^ ,l?oad-. Atthough this road allowance is not currently in use, it was established by the original ?^!ty;?^f.l?^S!ar}niT^? fLr?vi?La?I??s?.^Prof?,ery?s. ^ncludin9mlne in.the future if required Closing this road allowance will restrict my options and future

^?perty ov^er^for accessin9 and/or developing the property. In this regard, draw your attention to reference B, a previous request to’close a portion of the road allowance, which stated:

Please be advised that Dr. and Mrs. Turpirfs request to have the aforementioned road allowance [13R-11451) closed and deeded to

Dr. and Mrs Turpjn has been denied by Council at the last regular meeting of Coundl on July 4\ 1994. It is Coundfs positionThat

!Si^^??e.rl l[°^CL<?l?wallce m^y have .v?lue !0 fut!Jre 9enerations

of citizens of Storrington Township, and therefore Council has determined that the up-open road allowance should be retained under the ownership of the Township.

Since the decision by council to deny the closing of the road allowance on

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^^^^1 l[!?^(st?r?J^aveJC?an9?*wj11ch ^°^d warrant any reconsicteration

for the dosing of any portion of the subject road allowance. Just because a 1/2

deYet°Perhas increased his land holdings and the existing road allowance

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futu,B generation^ access to their property The^fbre, weobject and wi appeal any Township decision to dose any portion of the road allowance with the Ontario Municipal Board.

My wife, Janet Voith, will represent our interests at the June 15th, 2010 public hearing. I request that you add her name to the agenda so’that she may address Council at this public meeting.

r.burs9truly

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Michael R. Voith

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o^o- /4^° R.R. #1

Tel; 613-35^-2222

Battersea, Ontario

Fax: 613-353-1225

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^acwzsA^ o^vjfcwwytew Incorporated 1850

July 6th., 1994 Mr. Gary R. Jacob, Jacob, MacPherson, Hogan, Barristers and Solicitors, P.O. Box 668, 235-237 Queen Street, KINGSTON, Ontario. K7L4X1 Dear Sir

Re: David Turpin, Application for closure of those portions of the original road allowance between concession 3 and 4, designated Parts 2,3, and 4 on Reference Plan 13R-11451

Please be advised that Dr. and Mrs. Turpin’s request to have the aforementioned road allowance closed and deeded to Dr. and Mrs. Turpm has been denied by Council at

the last regular meeting of Council <m July 4th., 1994. It is Council’s position that this unopen road allowance may have value to future generations of citizens in Stomngton Township, and therefore Council has determined that the up-open road allowance should be retained under the ownership of the Township. Yours truly, /

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Minutes of Council June 15th, 2010

and wondered why Council would go against what the residents of this

don’t’ want. He felt the use of this road allowance was an asset and that the

4

area

developer is the only one who will benefit from this.

Steve Hunt of the Inverary Lake Residents Association stated that this road ^request was premature as he is appeal the severance appUcation !lin!selJ’_:?e,thoughtJhi!t.tl\is lot could not be further developed without a plan of subdivision. He felt that consent application S-31-S should’be denied:

Ron Vandewal stated that in general the township does not like to close road allowances leading to water however each situation is unique. David Hahn noted that no new lots are being created and that there can’t be

^ond^ put on lot additions. He lelt it-was appropriate to advise the Committee of Adjustment to require an environmental study.

Mayor Day’son asked Lindsay MiUs if Council could put setback requirements into the agreement at this point.

Lindsay Mills stated that Council can only request a change to the Committee of Adjustment.

Gary Beach stated that water quality concerns have been addressed. He

noted that both Reg Genge and Mary Alice Snetsinger have confirmed that

studies show no change in the water quality in the-last 30 years. He noted that the 40 metre setback was his recommendation and that ‘he welcomed

ecological study. He has also increased the water frontage to 490 feet and he felt these actions speak for themselves. With respect-to criticism of this

an

?iev.el?p_mellt.h.e,calu,iolled that tfaere are Pr°Perty owners who are mowing

their lawns right to the waters edge and that not every property on Inverary

Lake is 30 metres back from the water. He felt that some residents need to

do their own mediation as some of them do not have proper septic systems.

He referred to the agreement in principle and felt that the factors have changed since the road allowance has been surveyed.

Terry Bauder, a resident of Inverary Lake, questioned the interpretation

and asked Lindsay MiUs to indicate on the screen the three lots that have

beeuapproved. He stated that while he understood the developer’s rights, he

felt there were actually now 5 lots in total.

Lindsay Mills explained that the Official Plan allows three lots from the

physical area of the land in 2000 but it does not speak to lot additions. Mr. Bauder referred to the north lots being added to the south lots and the minutes of settlement did not allow these lot additions.

Lindsay Mills stated that the Ontario Municipal Board’s decision only related to the three lots and was completely silent on the retained portion.

John Fillion stated that no one can build a road without Council’s consent

and that a road has to be built to township standards. Del Stowe stated that there seems to be more concern with the lots.

Lindsay Mills stated that there have already been appeals submitted for the lot additions.

David Hahn stated that using the Planner’s logic, north of the road

allowauce there were two existing parcels and the developer could get three

lots on each parcel with road frontage and then apply to extend them to the water too.

now

Minutes of Council June 15th, 2010

5

(b) ^i^_^law.^mead?Ilent,.zlo/08’ concession IX, Part Lots 1 & 2, District ofLoughborough - Nickel

Lmdsay Mills explained that this amendment would rezone a 14.5 acre

proposed.new_residential.lot to reco8nize that it is f<"- residential purposes

frunti"g"" a public road. It would also rezone the 3 acre retained po’rtioa

^recognize that it would be a waterfront residential lot accessed-by’a private lane.

Jim Hicks asked how much water frontage would remain.

Lindsay Mills responded that there would be approximately 350 feet left. He

^ noted that access to the retained portion will be by anexisfngUne-that

is used by a number_of other properties. The severed’portion wiU have 150

feet frontage on Bell Road.

Ron Vandewal commented that nothing new is being created.

Mayor Davison asked about a septic system on the retained portion. Lindsay Mills stated that the retained portion will have its own septic system.

There were no comments from the public.

(c) zonmg TemPorary Use Zoning By-law Z-10/10, Concession X, Part Lot 8, District of Portland - Fink

Lindsay Mills explained that the purpose of this application is to extend temporary use by-law for a temporary second dwelling for another three

year term to accommodate aging parents. He noted that there have not been

any complaints from the neighbours and the property is well screened from neighbouring properties.

Del Stowe asked about the fee for this type of application.

Lmdsay Mills stated that there is a reduced rate as this rezoning is a duplication of work completed previously.

There were no comments from the public.

(d) Zoning By-law Amendment Z-10/12, Concession V, Part Lot 2, District of Loughborough-Keller

Lindsay Mills explained that this amendment would permit a portion of an existing dwelling to be used as a temporary second dwelling for aging parents. The applicant agrees to register on title the names of the individuals

who will be occupying the basement dwelling.

RonVandewal commended the applicant as 99% of the time residents just go ahead and do this without township approval.

Lindsay Mills stated that he had received some concerns from three of the neighbours as they thought it would be an addition to the house which is not

the case. He said that once they understood that it was to be part of the existing house, they were truly supportive.

Jim Hicks asked what type of controls are in place for these agreements. Lindsay Mills confirmed that the agreement is very specific as to who

occupies the second dwelling and that the dwelling be made uninhabitable

within 60 days of the time of expiration of the use.

a

Minutes of Council June 15th, 2010

6

There were no comments from the public. Resolution No. 2010-21-03

Moved by Allan McPhaU

Seconded by Jim Hicks

THA=Tanopport"“l<y havmg bee° pr»vided t° discuss planning matters, the public meeting be adjourned. 5.

Approval of Minutes

(a)

Resolution No. 2010-21-04

Carried.

Moved by Allan McPhail

Seconded by Jim Hicks

THAT the Council meeting minutes of June 1st, 2010 be approved. Carried.

  1. Business Arising - nil
  2. Reports Requiring Action (a)

Accounts

^oih_a,^illion com”!ented on the invoice for the Conservation Authority and

asked how many times a year that we pay as it appears that there has’been continual increases and he felt they are beyond their original mandate Resolution No. 2010-21-05

Moved by AUan McPhail

Seconded by Jim Hicks

THAT Council approve the payment of the Accounts Payable Voucher

dated June 10"- 2010 in the amount of $476,858.19.

Carried.

(b) Livestock Valuations Resolution No. 2010-21-06

Moved by Jim Hicks

Seconded by Allan McPhail

THAT subject to the completion of the required affidavit, that Council approve the following livestock valuation: NAME

  1. Peter Darling

AMOUNT $ 402.50 $ 141.00

LIVESTOCK One Charlais Cross Steer

Percy Snider Clarence Young $ 437.50

One Ram Lamb

Martin Oomen

One Ewe

$ 200.00

One Lima Cross Steer Carried.

(c) Report from Rick Chesebrough, Fire Chief, re: Truck Tenders Rick Chesebrough referred to his report. He noted that he has reviewed the specs submitted for the tenders as a basis for his recommendation.

John Fillion stated that he would like to hold off on trading iu the vehicles as there may be a need within the township for them.

Jim Hicks_ asked what items were missing from the tender submitted by Edwards Ford.

Chief Chesebrough responded that the Edwards Ford tender did not

include mud flaps and rain guards as was specified in the tender documents.

Minutes of Council June 15th, 2010

7

?^n^nd^wal.su?gestedth,at this item be deferred until the Chief Building ^ –ppoTtu^ to look at the trucks and detennine the-suitab^

for use in the Building Department. He agreed with John FiHion"that"if

there is a use within the township this would be better than tradi^hem

Rick Chesebrough confirmed that the vehicles being traded in are half ton

vehicles. He noted that one of the vehicles needs front end work done.

^!.rZiy^rk^re.e?i-that if thcse vehkles c«)“ld be used within the township it would be better than a trade in allowance. David Hahn stated that _if these trucks are not good enough for the Fire

Department why would they be good enough for the Building Department ^-Yalldewa!WOIldered if ii would be possible to get more for the vehicles if they were sold independently.

Mayor Davison stated that this has not worked well in the past. Resolution No. 2010-21-07

Moved by Jim Hicks

Seconded by Allan McPhail

THAT Council adopt the recommendations of the Fire Chief and approves the purchase of hvo vehicles, a % ton Truck and a Vi ton Truck from

Gananoque Chev Olds as they have met all the specifications listed

3

!/4 ton $32,823.00 Less Trade In $2,500.00 Total $30.223.00 Plus Taxes Vi ton $36,994.00 Less Trade In $8,000.00 Total $28,994.00 Plus Taxes

AND an additional $5,000.00 for striping, lighting for both vehicles and a radio for the new Unit 87;

Pending the Chief Building OfficiaPs decision on the Fire Chiefs vehicle. Carried.

(d) Report from Alan Revill, Chief Building Official, re= Building Department Vehicle

Ron Vandewal asked if the vehicle that the Fire Chief is currently driving has four wheel drive.

Alan Revill stated that he is not familiar with the vehicle and hasn’t had an opportunity to look at it.

David Hahn felt that if the Fire Chiefs vehicle was still okay then he should

be keeping _the vehicle. He supported the request of the Building

Department for an extra vehicle.

Council requested that the Chief Building Official look at the Fire Chiefs truck to determine the suitability.

John Fillion felt that a car would be suitable for the Building Department. Del Stowe confirmed that Building Inspectors for the City of Kingston use trucks.

Resolution No. 2010-21-08

Moved by Larry York

Seconded by David Hahn

THAT Council accepts the recommendation of the Chief Building Official that the Building Department seeks tenders for a small truck/SUV for the department provided that the CBO investigate the Fire Chiefs vehicle first.

»

in.

Minutes of Council June 15th, 2010

8

Carried.

(e) Reportfrom ^lan Revi11’chief Building Official, re: Building Department Outstanding Permits

Wayne Orr referred to the report on outstanding building permits.

^ol?,nI.FilIlon felt there ^e.re connictmg numbers being provided by the Building Department and that Council was being misinformed.

wayu.e.o,rr commellted that the numbers do change as inspections completed.

are

^!lll^!v^!tate?,t^at.h.e was not aware ofany rePort that the Building

Department provided with respect to outstanding bmlding permits.

Ron Vandewal did not dispute the numbers however he questioned the timeUnes as he felt the fall and .inter should be the time for the department

to catch up on the outstanding permits. He thought that the departoent was being too lenient.

,I^s^l!t^? ?^fl"Lcity of Kingston exPer»cnces the same problem

with dealing with outstanding permits.

Larry York questioned the timeline on when the Chief Building Official felt this could be completed.

Mayor Davison questioned how far back the township can go to finalize these outstanding permits. He was concerned with what can be done at this point.

Alan Revill explained that there are some cottages which have had work progress over a number of years and are not yet completed. He stated that

there are buildings being occupied without an occupancy permit which his

department has not had the manpower to pursue. He noted that since most

people are using title insurance when purchasing new homes, the opportunity to comment on outstanding permits through the zoning letter process has decreased.

John Fillion questioned the potential for new homes in 2010.

Del Stone asked how many pools and fencing permits there have been.

AlanRevul responded that five years ago there was a full inventory of pools

and fencing completed. He confirmed that the $500.00 deposit for fencing has helped to ensure that proper inspections are requested by the owner.

David Hahn referred to the outstanding permits and asked if there are builders that are failing to get inspections. He questioned the reason for back logs. He suggested that a report be completed that identifies the needs

and possible changes that could be put into effect to address the problem of

outstanding permits. (D

Report from Mark Segsworth, Public Works Manager, re: Waste Recycling Strategy

^a^^e8s^th.refcr,r.e^ to-his rePort-He noted that funding from Waste Diversion Ontario will be based on how effectively and efficiently the township operates its blue box program now and in the future. It is

necessary for the township to have a “waste recycling strategy” otherwise

the annual funding will be reduced. He recommended that the Emerald

Group undertake this project for the township.

»

in

Minutes of Council June 15th, 2010

9

Jim Hicks asked if there is funding available for education purposes. ^Y^s!gswo.r,th confirmed that there is a need to work on public education and that a public consultation process will be included.

]^)oItyjl^e^Lre?17’ed,to.the,.continuous ImProvement Fund providing

^% of the costs of Sloping the .aste recycle ^ategy ^questioned

the upset limit of $25,000.00.

Mark Segsworth stated that this was the amount submitted in the proposal. John Fillion questioned the provincial direction of this program.

^ir^^s^!.hi,!^t^^^^^e^^demonst,rate that the townshipis optimizing their best practices including tire recycling. Resolution No. 2010-21-09

Moved by David Hahn

Seconded by Larry York

??ATjFoun?.il aPProves the proposal of the Emerald Group to undertake

a

Waste Recycling Strategy with an upset limit of $25,000.00. Carried

(8) ^eport^rom Mark segsworth, Public Works Manager, re: Road Design and

Storm Drainage Improvements for the Villages ofBattersea and Perth Road

Mark Segsworth referred to his report and explained that this work is part

of the 5 year plan but it is being pushed up to 2011. He stated that there significant drainage problems on Perth Road to address. He felt that the township should be optimizing the life of these types of assets. Alan McPhail referred to the five year plan and asked why this was not part of the decision and part of the plan. He wondered if the infrastructure underneath is being considered.

Mark Segsworth stated that the Roads Department does not have an accurate assessment of road needs and that he recognizes there are

significant needs throughout the township.

Alan McPhail asked how this project will affect the 5 year plan and will it back up other projects.

Mark Segsworth responded that the plan should be re-evaluated every year and there may be bigger issues within the villages.

Ro"iVandewal questioned the amount of road work that will get done if $100,000 is needed for drainage work.

Mark Segsworth responded that there was $150,000.00 approved for Perth

Road.

John Fillion stated that Battersea has drainage and storm sewers. He thought that Water Street already has ditches so Cross Street and Wellington Street are the only streets that need to be addressed.

Mark Segsworth stated that they will be looking at roads and drainage. Larry York asked what amount has been allocated for Battersea and will the work be completed this summer.

Mark Segsworth stated that these items will be visible next year.

are

Minutes of Council

10

June 15th, 2010

Resolution No. 2010-21-10

Moved by Larry York

Seconded by David Hahn

TAT Council approves _the proposal for the Road Design and Storm Drainage Improvements in the Villages of Battersea and Perth Road provided by AECOM, for $35,614.00 plus applicable taxes. Carried;

(h) RePort from Marksejsworth’pubu(: Works Manager,

nd

2

re:

Greater Kingston SYDENHAM Triathlon/Duathlon

Annual

Mark Segsworth stated that he has been approached by the organizers of t^eventto refuse of the Point Park and to request temper^ closure of the boat ramp and some streets within the village.

Jim Hicks asked if there had been any concerns last year. Mark Segsworth stated that changes have been made to the event with respect to the timing of heats and cyclists and runners. Resolution No. 2010-21-11

Moved by David Haha

Seconded by Larry York

THAT Point Road, Wheatley Street from Point Road to Rutledge Road and the eastboynd lane ofRutledge Road from Mill Street to Sydenham Roadbe temporarily closed to vehicular traffic from 5:00 a.m. to 2: 00 p.m. and the

?_OI^amp at th^e po.int b-e temgoraruy closed to boat traffic from midmght

^OTPsunda^.4ih 201U for th- 2nd Annual Greater Ki^on SYDENHAM Triathlon/Duathlon. Carried.

(i)

Report from Anne Levac, Planning Assistant, re: Opinicon Road

^in(Isa-y^ Muls exPIamed that Opinicon Road is a forced road belonging to the TownshiP in terms of usage and maintenance but that portions of it still

remain in a legal sense, in the name of those individuals over whose

property the forced road runs. Mrs. Teeple has been receiving a tax bill for a portion of the road that appears at the Registry Office as being in her

name.

Resolution No. 2010-21-12

Moved by Larry York

Seconded by David Hahn

THAT Council agrees to assume ownership of those portions of Opinicon

Road mstomngtoai>nd Loughborough Districts which are currently in the name of Catherine Teeple. d)

Carried.

Report from Lindsay Mills, Planning Coordinator, re: Request for the Township to permit a Special Event Concerts on property at Part Lot 13, Concession VII, Storrington District -Vezeau

Lindsay Mills referred to his report. He noted that the guitar fest is an

annual event and there has not been any complaints received from the

previous_ events. Mr. Vezeau is proposing an exemption from the noise bylaw for three separate events.

Ron Vandewal noted that the band Ambush is scheduled to play at one of

!.^L!voe^ln^!?^?lls^n^s.l^u-d’.?^fe]lt-th.at ifthe townshipwere to receive a noise complaint this year it would be of this group.

Larry York felt that this has been an ongoing event and approved of the request.

Minutes of Council

II

June 15th, 2010

Allan McPhail supported the request however he noted that there has

^^^^^ this event and felt the .quest should ^ been submitted earlier and prior to any advertising.

^°^^i^^s^?_est^d tha^this typ? of eveDt could be aPProved by staff instead of requiring Council approval.

Mayor Davison stated that if complaints are received that Council will have to reconsider approving this next year. Resolution No.2010-21-13

Moved by David Hahn

Seconded by Larry York

THAT COUIlcil authorizes an exemption under Section 4 of By-law 2001-67 (the Nojse By-law) to permit three outdoor concert events to “take place

June _18 a»d 18, 2010_and July 30, 2010 to August 1, 2010, on property described as Part of Lot 13, Concession VII, Storrington “District, municipally known as 3060 Sydenham Road.

Carried.

(k) ?^lll^°^^!^!a^^i1?!; -pla_DIlm,^c,o,ordmat^r’re: Request for the

Tc=^u,S:.aS;:;dd-E " rro^ .”.” Lu- 2Y.

Lindsay Mills referred to his report and recommended approval of this request.

Resolution No. 2010-21-14

Moved by Larry York

Seconded by David Hahn

THAT Council authorizes an exemption to By-law 2001-67 (the Noise Bylaw) to permit a one day wedding to take place on August 14, 2010, on

ProPerty described as Part of Lot^l, Concession I, District of Storrington, municipally known as 3513 Buck Point Lane. (1)

Carried.

Report from Wayne Orr, Clerk-Administrator, re: South Froutenac Recreation Committee Recommendations for Playground Structures

Wayue Orr_ referred to his report outlining the proposed policy for the funding of play structures for municipal parks.

Ron Vandewal asked if there will still be three quotes obtained and what the urgency was for this policy. He felt the third point in the recommendation

was somewhat contradictory as the township would still own the equipment whether repayment was made or not.

Allan McPhail questioned who or how is the safety of the playground structures determined.

Wayne Orr stated that the safety of playground structures is determined by the Chief Building Official who conducts inspection. The local district committee is then advised of the issue and they in turn make the request to the SFRC and Council will have the option of approving the quotes through the procurement policy process.

David Hahn questioned the need for this resolution

Wayne Orr explained that there is $45,000.00 in the capital budget apErov,ed by COUIlciL The approval of this resolution will put~into place a policy for ongoing request however; he noted that there is an urgent need.

Larry York was concerned about this resolution. He referred to Heska Park

and noted that this park was possible through a local fundraising initiative

on

Minutes of Council

12

June 15th, 2010

and that an effort was made to try and get more support for this project. He asked that the resolution be deferred as he was concerned with the actual

need for this equipment. Wayne Orr explained that the proper process has been followed and the representatives of the South Frontenac Recreation Committee have made this recommendation.

Del Stowe confirmed that there is a need for this policy and that there is a need to have a playground structure replaced. He felt this policy was well thought out. Mayor Davison stated that the Recreation Committee has asked for

community members to participate in fundrakmg. Resolution No. 2010-21-15

Moved by Ron Vandewal

Seconded by John Fillion

THAT Council adopts the recommendation of SFRC, on playground Carried. structures as township policy. (m) Report from Wayne Orr, Clerk-Administrator, re: Lease for Model Train at Battersea Park

Wayne Orr noted that as per discussions at the Committee of the Whole meeting, that the two public open house days have now been included in the lease agreement. Resolution No. 2010-21-16

Moved by John Fillion

Seconded by Ron Vandewal

THAT Council authorizes the CAO to enter into a lease agreement with the Frontenac Society of Model Engineers as outlined in the attached Carried.

agreement. 8.

By-laws Resolution No. 2010-21-17

Moved by Ron Vandewal

Seconded by John Fillioa

THAT the following by-laws be given first and second reading: . . . . .

By-law 2010-43 By-law 2010-44

By-law 2010-45 By-law 2010-46 By-law 2010-47

Carried.

(a) By-law 2010-43 Resolution No. 2010-21-18

Moved by John Fillion

Seconded by Ron Vandewal

THAT By-law 2010-43, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Waterfronf Residential (RW) Zone to Rural (RUO Zone and Limited Service Residential Waterfront (RSLW) Zone, Part Lots 1 & 2, Concession IX, District of Loughborough, be read a third Carried. time, signed and sealed. (b) By-law 2010-44

Minutes of Council June 15th, 2010

13

Resolution No. 2010-21-19

Moved by Ron Vandewal

Seconded by John Fillion

THA^ ?y-law 2010-44» being a by-law to amend By-law 2003-75,

amended, to_change the provision, of Special Limited Service Residential:

as

Waterfront (RSLW-74) Zone to pern,it aseeonda^ dwell^to eontmuefor an additional three year period, Part Lot 8, Concession X, District “of

Portland, be read a third time, signed and sealed.

Carried.

(c) By-law 2010-45 Resolution No. 2010-21-20

Moved by John Fillion

Seconded by Ron Vandewal

THAT By-law 2010-45, being a by-law to amend By-law 2003-75,

as

^23) Zone, Part Lot 2, Concession V, District ofLoughborough.beread

a

amended, to rezone lands from Residential (R) Zone to Special Residential third time, signed and sealed.

Carried.

(d) By-law 2010-46 Resolution No. 2010-21-21

Moved by Ron Vandewal

Seconded by John Fillion

THAT By-law 2010-46, being a by-law to authorize the Mayor aud Clerk to

execute a temporary use by-law agreement between the Corporation of the

Township of South Frontenac and WUI and Connie Keller, be read a third time, signed and sealed.

Carried.

(e) By-law 2010-47

Council discussed imposing a requirement of 40 metre setback from the waterfront as a condition of rezoning.

Lmdsay Mills explained that there is no need to rezone this property as it is

all zoned rural due to the lot size and the property is not waterfront. He noted that the matter being discussed was the actual road closing however

hemdlcated that GarryBeach has agreed to a site plan if one is required

that wiU put restrictions on the property. Mr. Mills noted that Council can only request the Committee of Adjustment to add as a condition a 40 metre setback but can’t require the committee to ask for this. He felt that the best

way to impose this setback is through zoning which would come to Council for approval.

Resolution No. 2010-21-22

Moved by Bill Robinson

Seconded by Ron Vandewal

THAT By-law 2010-47, being a by-law to stop-up, close and sell a portion of

the unopened road allowance behveen Concession 3 and Concession 4, Part

Lots 23 and 14, District of Storrington be read a third time signed and sealed;

AND THAT the Committee of Adjustment is requested to rezone this property and include a 40 metre setback as amended.

Reports for Information - nil

  1. Information Items

Carried.

Minutes of Council

14

June 15th, 2010

(a) ^v!llia.1? p!?,irs: presidellt: Sydenham Lake Association, re: Strong regarding Sheila Lane Subdivision Proposal

concerns

Ron Vandewal asked if these were reasonable concerns that could be addressed.

Lindsay MiUs stated that this subdivision has been delayed indefinitely. (b)

Gayla McDonaId, Clerk^Ianager of Administration and Economic Development, To.n of New Tecumseth, re= request for resolution endorsement concerning the Harmonized Sales Tax

Ron Vandewal asked that this request be brought forward for the next meeting.

(c) PamelaMusgmv^RegionaI Manager, Muscular Dystrophy of Canada re: iou^ FronteDac Fire Department - Portland Station fundraismg efforts for Muscular Dystrophy

I^ylr–I^vis(m commellded the F^e Department for their fundraising efforts with respect to agenda items #10 (c) and (d). (d)

Pamela Musgrave, Regional Manager, Muscular Dystrophy of Canada re:

Sou^h Frontenae Fire Departn.ent - Sydenham Station ^drai^e^s

for Muscular Dystrophy (e)

Ric McGee, Mayor, City of Kawartha Lakes, re: request for financial support for_ legal defence with respect to the Ministry of Environment “Standard Operating Procedures” with respect to oil leaks

Ron Vandewal stated that while the township does not usually support this type of request he was concerned with the township’s liability. He felt that at

a minimum, a letter of support should be sent to the City of Kawartha Lakes.

David Hahn suggested that the CAO provide a report on this for the next meeting.

f^Lf/l<!^«sli^ ^lt^Yi^/ies?ie?Lto.-o-i^s?m,s!f..the msurance companies exhaust all possible parties and looks to municipalities as they have the larger

liability coverage.

Mayor Davison referred to two separate cases in Sydenham with one home being reconstructed and another site has been sitting for five years. 11. New Business

(a) Ron Vandewal asked about the signage at Buck Lake Boat Ramp. Mark Segsworth responded that he has talked to By-law Enforcement and he

will be meeting them on site. He stated that he has plans to set up the traffic

counter over the long weekend. He has talked to Roy Mills to arrange a public open house at Perth Road Public School to review the Operational

Assessment of Perth Road. (b)

Del Stowe asked about the status of a Bell pole location on Desert Lake Road.

Mark Segsworth responded that while this is being addressed, there are still problems on Canoe Lake Road with Hydro. 12. Committee Minutes Resolution No. 2010-21-23

Moved by Ron Vandewal

Seconded by Del Stowe

Minutes of Council June 15th, 2010

15

^^L^OUTi_recTes the committee_ minutes of various Township Committees of Council as presented at the June 15th, 2010 meeting:

Minutes of the Sustainability Committee meeting held June 3rd, 2010

.

Carried.

  1. In Camera Resolution No. 2010-21-24

Moved by Bill Robinson

Seconded by Ron Vandewal

THAT the Council meeting of June 15th, 2010 move

in-camera to discuss

matters related to personnel, property matters and litigation. Carried Resolution No. 2010-21-25

Moved by Bill Robinson

Seconded by John Filliou

THAT Council extend the meeting of June 15th, 2010 past 10:00 a.m. Carried.

Resolution No. 2010-21-26

Moved by John Fillion

Seconded by Bill Robinson

THAT the Council meeting of June 15th, 2010 move out ofin-camera. Carried.

  1. Confirmatory By-law Resolution No. 2010-21-27

Moved by Bill Robinson

Seconded by Del Stowe

THAT By-law 2010-48, a by-law to confirm generally previous actions of the

Council of the Township of South Frontenac,be read a first and second time this 15th day of June 2010.

Carried.

Resolution No. 2010-21-28

Moved by Del Stowe

Seconded by Bill Robinson

THAT By-law 2010-48, be read a third time and finaUy approved this 15th day of June 2010.

Carried

  1. Adjournment Resolution No. 2010-21-29

Moved by Bill Robinson

Seconded by Del Stowe

THAT the Council meeting of June 15th, 2010 be adjourned at 10:25 p.m. Carried r

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