Body: Council Type: Minutes Meeting: Regular Date: April 20, 2021 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council April, 20, 2021 Time: 7:00 PM Location: Electronic Participation/Council Chambers
Meeting # 16 Present in Council Chambers: Mayor Ron Vandewal, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Ron Sleeth Council Present via Electronic Participation: Pat Barr, Randy Ruttan, Ross Sutheralnd Staff Present in Council Chambers: Neil Carbone - Chief Administrative Officer, Angela Maddocks - Clerk Staff Present via Electronic Participation: Jamie Brash - Facilities and Solid Waste Supervisor, Claire Dodds - Director of Development Services, Michelle Hannah Planning Assistant, Anna Geladi - Planner, Brian Kirk - Operations Supervisor, Darcy Knott - Director of Fire and Emergency Services, Christine Woods - Senior Planner 1.
Call to Order and Roll Call
a)
Resolution The Clerk conducted the roll call as outlined in the attendance noted above. Resolution No. 2021-16-01 Moved by Councillor Sleeth Seconded by Councillor Morey That the Council meeting of April 20, 2021 be called to order at 7:03 p.m. Carried
Declaration of pecuniary interest and the general nature thereof
a)
Deputy Mayor Leonard declared a pecuniary interest with respect to Agenda Item 12 h) the Accounts Payable and Payroll Listing.
Approval of Agenda
a)
Resolution Resolution No. 2021-16-02 Moved by Councillor Ruttan Seconded by Councillor Revill That the agenda for the April 20, 2021 Council meeting be approved as presented. Carried
Scheduled Closed Session - not applicable
Delegations - none
Public Meeting
Minutes of Council April, 20, 2021 a)
Resolution and Public Meeting Statement Resolution No. 2021-16-03 Moved by Councillor Barr Seconded by Councillor Sutherland That a public meeting be held to allow for input on Zoning By-law amendment application Z-20-17, Concession 3, Part of Lot 3 Bedford District. Carried
b)
Zoning By-law Amendment Application Z-20-17 - Con 3 Part of Lot 3 - Deyos Road Christine Woods, Senior Planner, provided an overview of this application and the public meeting process. She noted that the subject property is located on Deyos Road and is 2.2 hectares (5.5 acres) in area. The lands consist of a forested slope toward the southwest (Deyos Road). The property has approximately 290 metres of frontage on Deyos Road. A majority of the frontage is a rock outcrop. Currently there is a shed on the property. The applicant proposes to rezone the property from Rural to Rural Special Provision to permit an additional dwelling unit in an ancillary building and to permit a reduced setback from the front lot line for buildings. The Owner proposes to construct a single detached dwelling and an additional dwelling unit in an ancillary (accessory, detached) building. The single detached dwelling would have 1445 square feet of floor area and the additional dwelling unit would have 800 square feet in floor area. The two dwelling units would share a driveway, well and sewage system. The Owner has requested a zoning by-law amendment to change the Rural (RU) zone on the subject lands to Rural – Special Provision (RU-XX). The special provision is requested to permit an additional dwelling unit in an ancillary building on the property. A reduced front yard setback is required for each dwelling unit in order to facilitate the construction of the two dwelling units on the only relatively level land on the property as identified in the slide presentation. Ms. Woods indicated that the Building Department has no objection to the proposed zoning by-law amendment as there is a location on the property that would meet the minimum Ontario Building Code requirements for a sewage system. An entrance permit will be required for the driveway and Public Services staff have no objection to the proposed driveway location off Deyos Road. Catherine Nash, 7684 Deyos Road has raised concerns about the appropriateness of the property for the proposed use, the use of the unopened road allowance for construction purposes and the current use of the property relative to health and property standards. In response to those concerns, Ms. Woods indicated that this is a lot of record and contains only one relatively level area to minimize the amount of site alteration required. Whether there is one or two buildlngs on the property, setback from the front lot line would be necessary based on the rock outcrop. The house would be visually and Lynn Ottenhof, 7701 Deyos Road has indicated that she is not in favour of the application and expressed concern about the proposal opening up the door for potential to have two houses on one property and that one or both of the houses to be used for short term rental units. Ms. Woods explained that with respect to the concern about two houses one property, this is already occurring in the township and currently there are no by-laws to regulate or prohibit short term rentals. It is anticipated that the new Official Plan will set the stage for the township to consider licensing short term rentals. Through a Zoning By-law amendment process, the municipality cannot regulate who occupies a dwelling.
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Minutes of Council April, 20, 2021 With respect to Ms. Ottenhof’s concerns about the location of a driveway on a curve, however Public Services have assessed the site and it is satisfactory. Ms. Woods further explained that the Provincial Policy Statement encourages municipalities to accommodate an appropriate affordable and market-based range and mix of housing. This can be achieved by permitting additional residential units in houses or in ancillary (detached accessory) buildings. The Planning Act was amended in September 2019 by Bill 108 to permit additional residential units on a property which contains a detached house, semidetached house or rowhouse. A second residential unit may be permitted within these structures, and an additional residential unit may be permitted in a building or structure ancillary to the house on the same property. This amendment to the Planning Act, once implemented in an official plan and zoning by-law, supports the accommodation of affordable housing in local municipalities and this application is consistent with the direction of the PPS and the amendment to the Planning Act. Section 5.6.2 of the County of Frontenac Official Plan requires the Township Official Plan to permit additional residential units. While required to permit additional units, the Township retains control over the location, access and servicing required for these units. The proposed development is consistent with the intent of the direction of the County Official Plan and it will help the township to achieve it goal to encourage residential development which is affordable, of high quality and capable of meeting the changing and diverse needs of the rural community. Site Plan Control will also be used for this property. Councillor Sleeth questioned the building concept that appears to be more of a farm storage type of building rather than residential use and how they would be regulated. Ms. Woods agreed that the example shown is a unique structure but that it will still need to meet residential building regulations. Councillor Revill asked that it be clarified that the property adjacent is in fact an unopened road allowance prior to the by-law being passed. Ms. Woods indicated that the unopened road allowance has no bearing on this application. The concern is more about the contractors and landowners not using it for their own purposes as generally members of the public are able to use unopened road allowances. Councillor Morey questioned the constrained building area based on the property having over 5 acres and was there not space for a primary building and an accessory building. Ms. Woods indicated that there is not adequate area that is easily accessible that would not require a lot of site alteration. The area being proposed is the lowest and most level spot on the property. Councillor Ruttan asked for clarity about the recent changes in planning that directs this type of housing development and that currently (without an updated Official Plan) there is no way for the municipality to regulate short term rentals. Ms. Woods stated that both the current Official Plan and Zoning By-law does not allow for this type of development at this time. There are considerations that can be made to address this through the existing rezoning process and she noted that there are properties that are not appropriate to allow additional housing units. Staff envision that there will be criteria included in the Official Plan as to what conditions need to be met in order for an additional dwelling unit to be permitted. There were no comments from the public. c)
Resolution - Close Public Meeting
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Minutes of Council April, 20, 2021 Resolution No. 2021-16-04 Moved by Councillor Roberts Seconded by Deputy Mayor Leonard That having provided an opportunity for to allow for input, the public meeting be closed. Carried 7.
Approval of Minutes - none
Business Arising from the Minutes
a)
Updated Township Branding Resolution No. 2021-16-05 Moved by Councillor Morey Seconded by Councillor Sleeth That Council approve the branding concept recommended by the Brand Steering Group, as presented at the April 13 Committee of the Whole meeting, subject to amendments to the Brand Positioning and Values as discussed in the April 13 Committee of the Whole meeting and further outlined in the report dated April 20, 2021 from the CAO. Carried
Reports Requiring Action
a)
Office of the Fire Marshal and Emergency Management - Grant & Transfer Payment Agreement Resolution No. 2021-16-06 Moved by Councillor Revill Seconded by Councillor Ruttan That Council support and pass a resolution to agree to the transfer payment agreement put forward by the Office of the Fire Marshal and Emergency Management (OFMEM) to the Township of South Frontenac to accept funds of $9100.00 to be used to support relief and challenges created by the Covid global pandemic as outlined in the Grant Application Carried
b)
Closing of Ontario Fire College Darcy Knott, Director of Fire and Emergency Services provided Council with an update on the decision to close the Ontario Fire College. Specialized courses were relatively inexpensive at the college while the regional training centres will be much higher and paid directly to the training centre. While tuition remains the same between the two, accommodations and meal costs will change significantly. The OAFC have decided to approach the province with a collective concerns about ensuring adequate and affordable and accessible training is available to firefighters across Ontario. At this time, he clarified that he is not requesting Council support or direction in this matter but that the best approach is for the OAFC to continue to lobby with the province. The regional training centres provide the same level of training that is conducted at South Frontenac already, the Director indicated he is more concerned with the cost associated with specialized training that is not conducted at the regional centres.
c)
PS-2021-01 Cab and Chassis - Diesel On-Off Float Truck Resolution No. 2021-16-07 Moved by Councillor Barr Seconded by Councillor Sutherland
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Minutes of Council April, 20, 2021 That Council authorize the tendered purchase price for a 2021 Cab and Chassis, Diesel On-Off Float Truck with Snow Plow in the amount of $303,814.11. Carried d)
Heritage Designation 3981 Harrowsmith Road - The Stewart House Resolution No. 2021-16-08 Moved by Councillor Revill Seconded by Councillor Barr That Council receive the Statement of Cultural Heritage Value and Designation of Heritage Attributes for 3981 Harrowsmith Road - The Stewart House and that it be used as the basis for staff to prepare a designation by-law for the property; and That Council direct staff to serve a Notice of Intention to Designate the property located at 3981 Harrowsmith Road being called The Stewart House, as a property of cultural heritage value or interest pursuant to Part IV of the Ontario Heritage Act, R.S.O. 1990, c. O.18, ; and That should no Notice of Objection be received by the Clerk of the Township of South Frontenac within thirty (30) days of the publication of the Notice of Intention to Designate, that Council direct staff to prepare a designation by-law for 3981 Harrowsmith Road, and carry out the requirements as prescribed under Section 29(6) of the Ontario Heritage Act. Carried
e)
Road Closing Application RC-21-04 - Unopened Road Allowance between Lots 5 & 6, Concession 13, Bedford District (Cook) Resolution No. 2021-16-09 Moved by Deputy Mayor Leonard Seconded by Councillor Roberts That Council direct staff to begin the process to close and transfer ownership of a 20 metre (66 foot) by approximately 270 metre (886 foot) portion of unopened road allowance to enlarge an adjacent parcel of land municipally known as 38 Coronation Lane. Carried
f)
Verona Housing Master Plan - Request for Proposal Resolution No. 2021-16-10 Moved by Councillor Morey Seconded by Deputy Mayor Leonard That Council award the contract for consulting services for the preparation of a Verona Housing Master Plan to MacNaughton, Hermsan, Britton Clarkson (MHBC) Planning Ltd. in the amount of $26,282 + HST. Carried
g)
Proposed General Amendments to Zoning By-law Resolution No. 2021-16-11 Moved by Councillor Sutherland Seconded by Councillor Barr That Council direct staff to prepare a public notice to be advertised on the Township website and in Frontenac News and to be sent directly to impacted property owners of the holding of a statutory public meeting for proposed general amendments to Zoning By-law 2003-75 related to the Township’s public road
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Minutes of Council April, 20, 2021 winter maintenance program, site-specific zone errors, provisions on minimum distance separation for livestock facilities and sensitive uses, and group homes. Carried h)
Rezoning of Concession 10, Part of Lot 2 - 2948 Sleeth Lane - Malden and Knox See By-law 2021-19
i)
Rezoning of Concession 9, Part Lot 22 - 984 Leland Road - Green See By-law 2021-20
j)
2021 Final Tax Rate By-law and Interim Tax Due Date Amendment See By-laws 2021-21 and By-law 2021-22
Committee Meeting Minutes
a)
Verona Community Association Meeting Minutes and Events Report from 2020 Resolution No. 2021-16-12 Moved by Councillor Sleeth Seconded by Councillor Morey That Council receives for information the minutes from the Verona Community Association meetings held in 2020 and their 2020 Annual General meeting report. Carried
By-laws
a)
By-law 2021-19 - Rezone Concession 10, Part Lot 2, Storrington (Malden and Knox) Resolution No. 2021-16-13 Moved by Councillor Ruttan Seconded by Councillor Revill That the following by-laws be given first and second reading: • By-law 2021-19 • By-law 2021-20 • By-law 2021-21 • By-law 2021-22 Carried Resolution No. 2021-16-14 Moved by Councillor Roberts Seconded by Councillor Sutherland That By-law 2021-19, being a by-law to amend By-law 2003-75, as amended, to rezone land from Limited Service Residential – Special Provision (RLS-2) and Limited Service Residential - Waterfront (RLSW) to Limited Service Residential – Waterfront – Special Provision (RLSW-128) on lands described as Part of Lot 2, Concession 10, (PIN 362900446) and as Part 1 on Reference Plan 13R8822, Part of Lot 2, Concession 10, District of Storrington (PIN 362900231), be given third reading, signed and sealed. Carried
b)
By-law 2021-20 - Rezone Concession 9, Part Lot 22, Loughborough (984 Leland Road-Green) Resolution No. 2021-16-15
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Minutes of Council April, 20, 2021 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2021-20, being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural (RU) to Rural-Special Provision (RU-62) on lands described as 984 Leland Road, Part of Lot 22, Concession 9, District of Loughborough, be given third reading, signed and sealed. Carried c)
By-law 2021-21 - Amend By-law 2021-05 to change date Interim Taxes are payable Resolution No. 2021-16-16 Moved by Deputy Mayor Leonard Seconded by Councillor Sleeth That By-law 2021-21, being a by-law to amend By-law 2021-05 (Interim Tax Levy By-law) with respect to the date taxes are payable, be given third reading, singed and sealed. Carried
d)
By-law 2021-22 - Tax Levy By-law Resolution No. 2021-16-17 Moved by Councillor Revill Seconded by Councillor Sutherland That By-law 2021-22, being a by-law to levy taxes in the Township of South Frontenac for 2021 be given third reading, signed and sealed. Carried
Reports for Information
a)
Emergency Management and Civil Protection Act 2020 Compliance
b)
Two (2) Rapid Response Unit Pick-Up Truck Tenders
c)
PS-2021-06 - 2021-22 Roadside Weed Spraying Program
d)
PS-2021-08 Half Ton Extended Cab 4 X 4 Pick-Up Truck and PS-2021-17 Heavy Duty Municipal Motor Grader
e)
PS-RFQ1-2021 - Request for Contracted Equipment, Materials & Trades
f)
PS-2021-19 - Supply of Diesel Fuel and Gasoline The Clerk noted that there was a typo in the published version of the report. Under the column entitled “Estimated 248,500 L” the amount for W.O. Stinson reads $22,551.37 and should be $225,513.75.
g)
2020 Volunteer and Youth Volunteer Awards and Celebrations
h)
Accounts Payable and Payroll Listing
i)
Building Department Activity Report - 1st Quarter 2021
j)
Planning Department Report - 1st Quarter 2021
Information Items - not applicable
Notice of Motions - none
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Minutes of Council April, 20, 2021 15.
Announcements/Statements by Councillors
a)
Councillor Sleeth asked for an update on the Silverwood Drive right of way he had previously mentioned to the CAO.
b)
Councillor Morey asked about the volume of applications received for the community grants and COVID relief grants. The CAO indicated that the deadline is April 30 and that he anticipates there will be several submitted prior to this deadline.
c)
Deputy Mayor Leonard relayed concerns about he Long Swamp Road bridge. The CAO indicated that the bridge will be assessed by the new manager coming into Public Services at the end of May. He confirmed that the bridge is blocked off to vehicular traffic.
d)
Councillor Revill asked if any work had been done with respect to investigating the opportunity for an internet hub at Fermoy Hall.
e)
Mayor Vandewal suggested that the budget be adjusted to improve the audio quality in the Council Chambers as this is more important than the new furniture.
Question of Clarity (from the public on outcome of agenda items)
a)
Wilma Kenny (attending virtually) asked for clarity on who had voted against the new township branding. Mayor Vandewal confirmed that Councillor Revill was not supportive of the motion to approve.
Closed Session - not applicable
Confirmatory By-law
a)
By-law 2020-23 Resolution No. 2021-16-18 Moved by Councillor Sleeth Seconded by Councillor Morey That By-law 2021-23, being a by-law to confirm generally the previous actions of the Council of the Township of South Frontenac, be given first and second reading this 20 day of April , 2021. Carried Resolution No. 2021-16-19 Moved by Councillor Sutherland Seconded by Councillor Roberts That By-law 2021-23, the confirmatory by-law, be given third reading, signed and sealed this 20 day of April, 2021. Carried
Adjournment
a)
Resolution Resolution No. 2021-16-20 Moved by Councillor Revill Seconded by Councillor Morey That the Council meeting of April 20, 2021 be adjourned at 8:27 p.m. Carried
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Minutes of Council April, 20, 2021
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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