Body: Council Type: Minutes Meeting: Regular Date: February 2, 2010 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council
February 2nd, 2010
Meeting No. 4
Time: 7:00 p.m. Location: Sydenham Present:
Mayor Councillors,
Gary Davison Larry York David Hahn
Jim Hicks Allan McPhail Bill Robinson Del Stowe Ron Vandewal Absent:
John Fillion
Staff:
Wayne Orr, Clerk-Administrator; Mark Segsworth, Public Works
Manager; _ Lindsay Mills, Plannmg Coordinator; Angela Maddocks, Confidential Secretary
Call to Order Resolution No. 2010-4-01
Moved by Allan McPhail
Seconded by Jim Hicks
THAT the Council meeting of February 2nd, 2010 be convened at 7:00 p.m. Carried.
- Declarations of Pecuniary Interest -nil
Delegations
(a)
Fran Willes, re: Zoning By-law Amendment Z-09/07 - Gordon
Fran Willes asked as a rhetorical question, “what are we doing here?” She indicated that she would not plough old ground but she felt there were still too many unanswered questions and that it was a dangerous move to give third reading to this by-law at this point. She referred to the traffic report and felt that it does not reflect the proposed subdivision. She was concerned about the
environmental sensitivity of the area and the watercourse drainage and that it would not recover if the area was polluted. She requested denial of this commercial zoning. (b)
Peter Svendsen, re: Zoning By-law Amendment Z-09/07 - Gordon
Mr. Svendsen noted that he has expressed his concerns during this process. He stated that there is a pond in the corner shaped like a basin and on level rock. He referred to the last mild weather which made his sump pump level full. He was concerned about the retail operations and how they may affect the downtown businesses as they are not getting rich as it is without any other competition.
Mr. Svendsen noted that the hotel has been removed and a house has been
added. He was concerned about the run off from this development directly to the lake as well as the water quality. He referred to the drilling of wells and foundations for buildings and if the level of land was raised there will be more
problems with run off and drainage. He was also concerned about the possibility of blasting.
Minutes of Council
2
February 2nd, 2010
Mr. Svendsen felt that he was not getting the answers to his questions and
concerns. He stated that with the water running towards Sydenham Lake there will be a need for more culverts. He compared the basin to water running’over the top of a tub and that the water needs to go somewhere.
(c) Jack Springer, re: Zoning By-law Amendment Z-09/07 - Gordon
^^s.?rill^e1’.stated. ^at further to the June 2n_d Public meeting, his mam
concern remains with the draw down test results. He stated that while his own
well was buried, he had agreed to accept the results of the tests conducted on the Willes’ well. He stated that the applicant had cancelled the draw down tests and asked that third reading be deferred until tests have been done. He also asked
what the impact of assessment would be due to this development. (d)
Don Simpson expressed his concern with the water supply and water run off. He
felt there were no adequate standards in place and questioned what the township
standards were for water quality and quantity. He was concerned with the impact that additional proposed developments would also have on water quantity.
Mayor Davison questioned the draw down tests.
Lindsay MiUs stated that the hydro-geological testing has been done.
Ron Vandewal stated that in reviewing Ontario Municipal Board rulings it was
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in competition with existing services and that applications should not be denied by Council for this reason. He referred to water standards and noted that a 6
hour draw down test is required by the municipality. 4.
Public Meeting - nil
Approval of Minutes
(a) Minutes of the Council meeting held January 12th, 2010 Jim Hicks questioned the township policy for building permit fees. Wayne Orr noted that By-law 1998-06 outlines the fees charged for building permits however there is not a written policy in place to waive fees for building permits.
David Hahn stated that while there is not a policy in place, the evaluation for these requests is on a case by case basis.
Del Stowe asked if Jim Hicks was proposing exemptions from paying building permit fees. He felt Council would not be acting responsibly if they did not enforce the Building Code Act.
Bill Robinson stated that although Council had turned down a request for waiving a building permit fee, that the township is not paying for building permit fees for municipal projects.
Wayne Orr stated that it was clear from discussions at the Committee of the
Whole meeting that there will be no further exemptions. Resolution No. 2010-4-02
Moved by Jim Hicks
Seconded by Allan McPhail
THAT the Council Meeting minutes of January 12th, 2010 be approved. Carried.
Minutes of Council
3
February 2nd, 2010
(b)
Minutes of the Council Meeting minutes held January 19th, 2010 Resolution No. 2010-4-03
Moved by Allan McPhaiI
Seconded by Jim Hicks
THAT the Council Meeting minutes of January 19th, 2010 be approved. Carried.
- Business Arising - nil
- Reports Requiring Action (a)
Accounts
Resolution No: 2010-4-04
Moved by Allan McPhail
Seconded by Jim Hicks
THAT Council approve the payment of the Accounts Payable Voucher dated th
January 28m, 2010 in the amount of $789,778.67.
Carried.
(b) Livestock Valuations Resolution No. 2010-4-05
Moved by Allan McPhail
Seconded by Jim Hicks
IH^T,subJec,tto thecomPIeti011 ofthe required affidavit, that Council approve the following livestock valuations:
NAME
AMOUNT
LIVESTOCK
Kevin Bovey Kevin Bovey Terry Thake
$957.60 $ 0.00 $378.00
Two Charlais Cross Steer Two Charlais Heifers One Charlais Cross Steer
Martin Oomen
$200.00
Larry Redden
One Pregnant Ewe
$378.00
One Limo Calf
Jeff Peters
$459.20
One Limo Cross Heifer Carried.
(c) Report from Mark Segsworth, Public Works Manager, re: Luughborough Lake Bridge Tender
Mark _Segsworth stated that there were nine tenders received for this project
and_after reviewing the tenders, the consultants have indicated that they have worked with Clearwater and recommended this company for the project. He noted that Clearwater Structures can commence construction in March.
Ron Vandewal commended the Public Works Manager on the report. Resolution No. 2010-4-06
Moved by Larry York
Seconded by David Hahn
THAT the bid of Clearwater Structures Inc. in the amount of $1,376,735.00 for Carried. the rehabilitation ofLoughborough Lake Bridge be accepted.
(d) Report from, Lindsay Mills, Planning Coordinator, re: Review of Application of Zoning By-law Amendment in Part Lot 5, Concession IV, District of Loughborough (Gordon)
Lindsay Mills referenced a letter of petition from Sydenham business owners and their concerns with respect to the duplication of existing services.
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February 2nd, 2010
4
Mr. Mills stated that two public meetings have been held and that the studies
submitted have been supportive and that these studies have been peer reviewed.
He Iloted that the studies indicate that this proposal can work as long as certain
caveats are put into place such as storm water and gas station waste monitoring.
With n.pect to traffKflow, he noted that the Public Work. Departmentls undertaking a shidy and review of this area.
Lindsay Mills circulated an excerpt from the Planning Act to Council with respect to site plan control and the comprehensive control Council has if site plan control is requested on developments.
Jim Hicks stated that he would like to defer third reading as he felt that the permitted uses need to be more specific.
Bill Robinson felt the process was moving too fast and that some of the information provided at the meeting should have been included in the Council agenda package.
Ron Vandewal stated that he felt it was tough to support third reading. He
wanted to see a Ministry of the Environment response and to have the concerns
addressed with respect to the gas station proposal. He questioned the entrance
offSydenham Road. He referred to aerial pictures indicating a dry storage and while he was not opposed to dry storage unit, he felt the proposed uses keep changing. He felt third reading should be deferred to get some answers.
Alan McPhail referred to the whole process and stated that the rules of the
Official Plan have been followed and allowed for certain changes to the zoning. He stated that Council has the right to approve uses but hasn’t had the opportunity to determine the impact of this development. He felt it was difficult
to vote in favour of this as it impacts the existing community and could dramatically change the area, he felt some continuity was needed.
David Hahn felt that there should be special planning policies in place for Sydenham. He noted the concerns of property owners with respect to the impact on the aquifer and neighbouring wells and felt that drawn down tests are
necessary. He agreed that site plan control can work for visual buffering but there is no control over the height and density of buildings. He felt that was a potentially large development that is premature for Sydenham and that future development should be considered and planned for properly. He noted that there will be competition for existing businesses but a vision for Sydenham is needed. He felt there is no framework to judge this development proposal as is. Larry York stated that he agrees with the village residents and that there are too many “maybes”. He stated that he would like to see this deferred.
Del Stowe stated that he felt the opportunity for specific planning policies for Sydenham should have been addressed during the Official Plan Review process. He stated that the application has come this far and now a suggestion for specific planning policies for Sydenham has been suggested. He felt the planner has provided the information that Council requires and he was concerned about the timeframe for the application.
Mayor Davison stated that Council can’t decide not to allow competition. Del Stowe asked Liudsay Mills about the water issues. It was confirmed that a
second engineering firm has provided a peer review and agreed with the issues.
Bob Clarke referred to the comments made with regard to wells and the hydrogeological study. He stated that it had been determined that the wells did not
meet the required regulations and that any testing could potentially lead to contamination. He stated that the hydro-geological test was conducted according to the guidelines and it was demonstrated that there is adequate water supply.
Minutes of Council
February 2nd, 2010
He stated that a qualified engineer has confirmed that the storm water can be
managed on s,te. He noted that it ,s not the intention of the applicant to draw
away-from other.b»su"^but to attract more interest and’other types of
commercial operations. Mr. Clarke also noted that significant sewage trea’tment
will impact the development and be a limited factor.
Del Stowe asked if the storm retention study had been peer reviewed. Liudsay Mills confirmed that everything had been peer reviewed. Mark Segsworth stated that while there has been a lot of rumours of other
development proposals, without having the opportunity to comment on these
proposals it is difficult to comment on the impact. He noted that it would be
easler to comment on the cumulative impact of all of the proposed developments
within this area.
Del Stowe asked Mark Segsworth if from his perspective was there any reason to hold off on this proposal.
Mark Segsworth stated that any concerns could be addressed through the site plan stage.
Ron Vandewal referred to his earlier comments and that questions have been answered regarding the storm water management however there is still concern
with the impact on the water system. He referred to site plan controls and that
Council has placed site plan control on other lots where restrictions have been
ignored. He stated that there is always a compromise and residents will not be
asked to remove what already exists, he felt it was difficult to defend site plan control.
Mayor Davison asked Bob Clarke how long it would take to get the Ministry of the Environment comments.
Bob CIarke stated that the Ministry of the Environment is not typically a commenting authority. He noted that his client will need a decision by March th 12 when considering the 20 day appeal period.
(e) Report from Anne Levac, Planning Assistant, re: closing of unopened road allowance, Concession 11, Lots 18 and 19
Lindsay Mills stated that this parcel is a landlocked piece of land with no access to Battersea Road.
Mayor Davison questioned the water flow.
It was noted that the water flows from Troy Lake to Dog Lake. Lindsay Mills stated that this property does uot constitute waterfront. Mr. Lamour stated that the water flows all year round. He asked if just a portion of the road allowance could be closed.
Lindsay Mills stated that it has not been the policy of council in the past to close small portions of road allowances. He noted that the fee for this section would be $38,000.00.
Ron Vandewal stated that he has no problem with closing all of this road allowance as the township has no need for it.
Del Stowe stated that if we closed only a portion of this the township gains development.
5
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6
February 2nd, 2010
David Hahn stated that it has been the practice of Council to close the whole portion of unopened road allowance. Larry York agreed with Councillor Stowe’s comment.
Jim Hicks felt the whole portion should be closed.
Allan McPhail asked what the distance was and suggested a cul-de-sac. Lindsay Mills stated that the construction of a cul-de-sac would cost more than the purchase of the road allowance.
Mayor Davison reiterated that the policy is not to sell pieces of a road allowance.
Del Stowe asked what the estimated cost would be to purchase half of the road allowance.
Lindsay MiUs stated that it would be approximately $20,700.00.
Mayor Davison asked if the agreement with Lamour was to buy the property out to the road.
Aaron Boulton asked if Council had no need for this road allowance then why
was the cost so high.
Mayor Davison stated that this is the least expensive as road allowances leading to water are much higher.
Del Stowe explained to Mr. Boulton that a study had been conducted previously with respect to the selling of unopened road allowances that provided the guidelines to council for these types of requests. Resolution No. 2010-4-07
Moved by David Hahn
Seconded by Larry York
THAT Council supports in principle the closing of a portion of an unopened road allowance behveen Lots 18 and 19 in Concession 11, District of Storrington, direct staff to proceed with the road closing process under the conditions outlined above; and specify that the closure and sale of this road allowance does
not in anyway represent support for any future development plans. Carried. (f)
Sydenham Water - Technical Memo #2A
Wayne Orr stated that he had received this late on Friday afternoon. He noted that a resolution from council was necessary for the open house scheduled for rd February 3 . He noted that it is still anticipated that we are to be within the established budget. Resolution No. 2010-4-08
Moved by Larry York
Seconded by David Hahn
THAT Council approves the recommendations from Technical Memo 2A as prepared by XCG Consultants and direct staff to work with XCG to move
forward to the detailed design and tendering stage. 8.
Carried.
By-laws Resolution No. 2010-4-09
Moved by Bill Robinson
Seconded by Del Stowe
Minutes of Council
7
February 2nd, 2010
THAT third reading of sauy Gordon zoning application be deferred until March 2,2010. 9.
Carried.
Reports for Information - nil
- Information Items (a)
]?ODOU.rable-.J?eter van Loa11’ Minister of Public Safety, re: response to Township ofFrontenac Islands resolution concerning the closure ofpnsonfann operations
]?^LYaI^T^Lrequ.esle(!thatthe towIlshiP re-send the letter of support to Vie
Toews, Ministry of Public Safety and copy the correspondence to Prime Minister Harper and Scott Reid, MP. 11. New Business
(a) 2010 Preliminary Budget Presentation
Wayne Orr _ reviewed his Powerpoint presentation outlining the 2010
preliminary^ budget highlights which included previous budget changes, assessment breakdown, internal and external changes, the status of stimulus
projects and staffing needs. A copy of his presentation is attached.
Ron Vandewal questioned the special charge for the arena and questioned the *
increase.
Deb Bracken, Treasurer, explained that the 2009 budget wasn’t finalized and
while Bedford and Portland pay 59%, we are also invoiced for Loughborough and Storrington share. She noted that Jim Stinson had recommended the 2010
budget be the same as the 2009 actual.
With respect to the stabilization charge for the building department, Wayne
Orr explaiued that this is a seasonal reserve which is dependent on new construction.
Allan McPhail referred to the final percentage on the impact of assessed value and asked if the assessment increase had been factored in.
Deb Bracken stated yes, however assessment growth is difficult to phase in. Del Stowe commended the CAO on the presentation and questioned the $85.00 garbage charge.
Wayne Orr explained that this will be the cost to balance the charge and cover the collection component for garbage and recycling. David Hahu stated that an average did not previously exist and noted that one district will be provided with a higher level of service.
Wayne Orr stated that this is the transition year as there is no previous comparison due to an amalgamated budget. He stated that Council will have a
further opportunity to review the preliminary budget in detail on February th 16
(b)
.
Jim Hicks asked for the name of the gentlemen who received a leather jacket from the Fire Department and which district he provided training for.
Fire Chief Chesebrough stated that Mr. John Fox has provided training to all four districts within South Frontenac free of charge. He stated that this was a small token of appreciation to Mr. Fox for his expertise.
Minutes of Council
8
Febmary 2nd, 2010
(c) Jim Hicks inquired about the status of the bridge on Shales Road. Mark Segsworth stated that a temporary guiderail has been installed on the
b.ri-d.8ei?tr^cture.and that the Pr°Per requests for the tender process will be started in the spring. (d)
Jim Hicks asked about the status of phone bills for the Storrington Centre as there_ is currently $5000.00 per year charged for telephone service to this building.
Wayne Orr stated that work is being done on this but it is not yet resolved. (e) Del Stowe asked about the gas tax funds and why the township is not able to use these funds.
May<*r Davison stated that he was quite certain that there will be more money coming to the municipality. (0
Del Stowe questioned the status of the vehicle use policy.
(g)
Bill Robinson referred to the January 28th edition of the Frontenac EMC with respect to the $45 million County Budget. He encouraged fellow council members to read this article given South Frontenac’s share in this budget.
(h)
Ron_Vandewal referred to Del Stowe’s comments concerning the gas tax
funding. He noted that the ICSP dictated how the money gets “spent. He felt there have been several studies conducted and money was being wasted on studies.
Mayor Davison stated that we will be looking for more this year and they are trying to whittle down this process but reminded Council that this process’is all driven by legislation.
- Committee Minutes Resolution No. 2010-4-10
Moved by Bill Robinson
Seconded by Del Stowe
THAT Council receives the Committee minutes of various Township Committees of Council as presented at the February 2nd, 2010 meeting: .
Minutes of ththe South Frontenac Recreation Committee meeting held January II1”, 2010
.
Minutes of the Fire Coordinating Committee meeting held January 18th, 2010,
.
Minutes of the Sydenham Water Advisory Committee meeting held January th 191", 2010
Carried.
- In-Camera Resolution No. 2010-4-11
Moved by Larry York
Seconded by David Hahn nd
That the Council meeting of February 2" , 2010 move in-camera to discuss
matters related to personnel, property matters and litigation.
Carried.
Resolution No. 2010-4-12
Moved by Del Stowe
Seconded by Bill Robinson
That the Council meeting of February 2nd, 2010 move out ofin-camera. Carried.
Minutes of Council
9
February 2nd, 2010
- Confirmatory By-law Resolution No. 2010-4-13
Moved by Del Stowe
Seconded by Bill Robinson
THAT By-law J010-11, a_by-Iaw to confirm generally previous actions of the Council of the Township of South Frontenac, be read a first and second time this
2nd day of February 2010.
Carried.
Resolution No. 2010-4-14
Moved by Ron Vandewal
Seconded by Del Stowe
^.H^T By^a^^ol^-ll? bemg a by-law *o confirm generally previous actions of ^Council oftte Township of South Frontenac be read a third time and finally approved this 2nd day of February 2010.
Carried.
- Adjournment Resolution No. 2010-4-15
Moved by Del Stowe
Seconded by Ron Vandewal
THAT the Council meeting of February 2nd, 2010 be adjourned at 9:15 p.m. Carried.
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