Body: Council Type: Minutes Meeting: Regular Date: December 20, 2011 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council
December 20th'2011
Meeting No. 44
Time: 7:00 p.m. Location: Sydenham Present:
Mayor Deputy Mayor Councillors,
Gary Davison John McDougall AUan McPhaU Cam Naish Bill Robinson Del Stowe Mark Tinlin Ron Vandewal
Larry York Staff:
Wayne Orr, Clerk-Administrator: Mark Segsworth, Public Works Manager; Lindsay Mills, Planner; Angela Maddocks, Confidential Secretary CaU to Order Resolution No. 2011-44-01
Moved by Deputy Mayor McDougalI
Seconded by Councillor McPhaU
THAT the Council meeting of December 6th’ 2011 be convened at 7:00 p.m. Carried. 2.
Declarations of Pecuniary Interest Councillor Robinson declared a pecuniary interest with respect to Page 24 of the Accounts Payable Voucher.
Public Meeting Resolution No. 2011-44-02
Moved by Councillor McPhail Seconded by Deputy Mayor McDougall THAT a public meeting be held to discuss planning matters related to: .
Proposed Zoning By-law Amendment Z-08/02, Concession I, Part Lot 24, Storrington District - Green
.
Proposed Zoning By-law Amendment Z-ll/13, to permit the keeping of backyard hens on rural lots smaller in size than three acres Proposed Zoning By-law Amendment Z-ll/17, Concession III, Part Lot 7, Loughborough District
Proposed Zoning By-law Amendment Z-ll/16, Concession V, Part Lot 1, Loughborough District
Carried.
(a) Proposed Zoning By-law Amendment Z-08/02, Concession I, Part Lot 24, Storrington District - Green Lindsay Mills recommended that council approve a zoning by-law amendment application that would extend a temporary use by-law for another three year term. The by-law was put in place to permit an existing small dwelling to be used as a temporary secondary dwelling following construction of a new principal dwelling on the subject land. The
temporary second dwelling is occupied by an elderly family member who has resided in the dwelling for 58 years and wishes to continue to live in
familiar surroundings where he can also be cared for by his family. There were no comments from the public regarding this matter.
(b) Proposed Zoning By-law Amendment Z-ll/13 - To permit the keeping of backyard hens on rural lots smaller in size than three acres
Minutes of Council
December 20th'2011
Lindsay Mills recommended that Council approve a zoning by-law amendment that would amend the Comprehensive Zoning By-law to permit the keeping of up to ten hens on properties that are less in size than
three acres but greater than one acre. He noted that presently no farm animals are permitted on any lots less than three acres in size.
Mayor Davison was concerned about nutrient management issues with neighbouring property and questioned what regulations are in place to address these concerns.
Lindsay Mills noted that at a previous meeting. Council did not want to make the process complicated and agreed to keep the amendment simple. Councillor Vandewal commented that the property standards and noise by-laws are applicable. Councillor Naish asked if by-law enforcement officers will have the
authority to inspect properties. It was confirmed that they do have the authority.
Reg Genge asked why the amendment specified hens and not poultry in general.
Jeff Peters, representing the TNattonal Farmers Union, felt this was a reasonable compromise and noted that residents like to be legal. Anna Palzcynski spoke in support of this amendment and appreciated
Council’s consideration to change the by-law and allow residents to keep back yard hens.
Meredith Mackenzie also thanked Council for consideration of this change as she felt it was beneficial to children as a learning experience and responsibility. (c)
Proposed Zoning By-law Amendment Z-ll/17 - Concession HI, Part Lot 7, Loughborough District Lindsay Mills recommended that Council approve a zoning by-law amendment to rezone township owned land from a Rural (RU) zone to a
Special “Waste Disposal Zone” (WD-3) and Open Space Public (OS) to accommodate a waste transfer station on the lands and to place proper open space zoning on the rest of the land including the newly acquired township lands.
There were no comments from the public. (d) Proposed Zoning By-law Amendment Z-ll/16 - Concession V, Part Lot 1, Loughborough District
Lindsay Mills recommended that Council give first and second reading to a zoning by-law amendment that would rezone a lot, that is in the process of being created, from Rural (RU) zone to Special Rural Commercial zone to permit a plant nursery/garden centre use. Third reading of the by-law would be withheld until further site plan details are provided.
Deputy Mayor McDougall questioned the accessory uses outlined in tfae planning report. Lindsay Mills explained that these are normal uses associated with conducting business based on the principal use.
2
Minutes of Council
3
December 20th'2011
Councillor Vandewal asked if the applicant could seU commercial fertilizer
and if there was a requirement for a weU on this property. Lindsay MUs indicated that the applicant says there will be no well or septic, however the requirement of a weU is a condition of severance. He
noted that there has only been one other time that a well has not been
required, however there is a requirement to prove the availability of water. Councillor Stowe stated that most commercial properties require water for
washrooms.
With respect to commercial fertilizer, Mayor Davison noted that with respect to source water protection, an IPZ intake one zone is the only restricted area.
Councillor Vandcwal asked what the process would be if the applicant requested a change in the conditions regarding the need for the well.
Lindsay Mills stated that any request for changes would need to go through the Committee of Adjustment.
Dieter Rhode felt that water should be required for a development of this nature.
Mike Gossage, the applicant, stated that the site that he is currently renting does not have water but there is a portable washroom facility. He noted that he does not and will not be handling fertilizer, just mulch and gravel. He just wants to move his operation from one commercial facility to another. Resolution No. 2011-44-03
Moved by Deputy Mayor McDougall Seconded by Councillor McPhail
THAT an opportunity having been provided to discuss planning matters, that the public meeting be closed. 4.
Carried.
Approval of Minutes th
(a) Minutes of the December 6In, 2011 Council meeting Resolution No. 2011-44-04
Moved by Councillor McPhail Seconded by Deputy Mayor McDougall th
THAT the minutes of the December 6In, 2011 Council meeting be approved. (b)
Carried.
th
Minutes of the December 13tu, 2011 Committee of the Whole meeting Resolution No. 2011-44-05
Moved by Deputy Mayor McDougall Seconded by Councillor McPhail th
THAT the minutes of the December 13In, Committee of the Whole meeting be approved. 5.
Business Arising from the Minutes - nil
Reports Requiring Action
(a)
Accounts
Carried.
Resolution No. 2011-44-06
Moved by Councillor McPhail
Seconded by Councillor York
Minutes of Council
4
December 20th'2011
THAT_Counca approves the payment of the Accounts Payable Voucher
dated December 20-, 2011 in the amount of $1,976,458.94. ’ Carried:
(b) Report from Anne Levac, Planning Assistant, re: Assumption of road (See By-law 2011-81)
(c) Report from Anne Levac, Plannmg Assistant, re: Rebate on consent application S-58-11-L Resolution No. 2011-44-07
Moved by Councillor York
Seconded by Councillor McPhail
THAT Council approves a rebate in the amount of $400.00 to Ronald
Struthers as per the recommendation from the Planning Department and the Committee of Adjustment.
Carried.
(d) Report from Louise Fragnito, Treasurer, re: Tax Sale Surplus - payments out of court
Resolution No. 2011-44-08
Moved by Councillor McPhail Seconded by Councillor York THAT Council approve the allocation of the net proceeds of the tax sale surplus in the amount of $111,865.37 to the allowance for uncoUectiMc taxes.
Carried.
(e) Report from Mark Segsworth, Public Works Manager, re: Private Lane Upgrading Assistance 2011
Discussion regarding the details on the application form took place. It was agreed to refer the policy and criteria for this program to Public Works Services Committee.
Resolution No. 2011-44-09
Moved by Councillor York
Seconded by Councillor McPhail
THAT Council approve payments listed below for the 2011 Private Lane Upgrade Assistance for the following lanes in the amount indicated which represents 50% of the total eligible expenses: Osbome Lane Wildlife Lane
Sandpit Lane
2,542.50 10,810.34
Tim’s Lane Sellers Lane
3,676.25
Sharpley Lane MacComish Lane Carter Lake Lane
Henry Lane Sunset Shores TOTAL
(0
276.73
470.65 517.48
1,288.87 1,953.72 6,893.70 2,340.90
30,771.14
Carried.
Report from Wayne Orr, Chief Administrative Officer, re: Management Compensation
Resolution No. 2011-44-10
Moved by Councillor York
Seconded by Councillor McPhail
THAT Council authorizes the adjustment to the Management Salary Grid as outlined in the 2012 Preliminary budget.
Carried.
Minutes of Council
5
December 20th'2011
(g)
Report from Wayne Orr, Chief Administrative Officer, re: 2012 Committee Structure and Composition Resolution 2011-44-11
Moved by Councillor TinUn
Seconded by Councillor Robinson
THAT Council approve the revised committee structure and appoint the following councillors to each committee for 2012: Public Services Committee . Councillor McPhail
Councillor McDougall Councillor Naish
Corporate Services Committee Councillor Vandewal Councillor Tmlin Councillor York
Development Services Committee . . .
Councillor Stowe Councillor Robinson Councillor McPhail
Carried.
- By-laws Resolution No 2011-44-12
Moved by Councillor Tinlin
Seconded by Councillor Robinson
THAT the following by-laws be given first and second reading: . . . . .
By-law 2011-81 By-law 2011-82 By-law 2011-83 By-law 2011-84 By-law 2011-85
Carried.
(a) By-law 2011-81 Resolution No: 2011-44-13
Moved by Councillor Robinson Seconded by Councillor Tinlin
THAT By-law 2011-81, being a by-law to assume as common and public highway certain lands in the Township of South Frontenac, pursuant to Section 31(6) of the Municipal Act, 2001, be read a third tune, signed and sealed.
Carried.
(b) By-law 2011-82 Resolution No. 2011-44-14
Moved by Councillor Tinlin
Seconded by Councillor Robinson
THAT By-law 2011-82, being a by-law to amend By-law 2003-75, as
amended, to change the provisions of Special Rural Zone (RU-38) to
permit a secondary dweUmg unit to continue for an additional three year period. Part Lot 24, Concession I, District of Storrington, be read a third time, signed and sealed. (c)
By-law 2011-83 Resolution No. 2011-44-15
Carried.
Minutes of Council
6
December 20th'2011
Moved by Councillor Robinson Seconded by Councillor Tinlin THAT By-law 2011-83, being a by-law to amend By-law 2003-75, the
Comprehensive Zoning By-law for the Township of South Frontenac, as amended, to change Section 5.41 to permit a maximum often hens on rural
lots between three acres and one acre in size, be read a third time, signed and sealed.
Carried.
(d) By-law 2011-84 Resolution No. 2011-44-16
Moved by Councillor Naish
Seconded by Councillor Vandewal
THAT By-law 2011-84, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Rural (RU) Zone to Special Waste Disposal Zone (WD-3) to Open Space-Public Zone (OS), Part of Lot 7, Concession HI, District ofLoughborough, be read a third time, signed and sealed. Carried. 8.
Reports for Information
Information Items
New Business
(a)
Wayne Orr advised Council of an internal staffing change. Angela Maddocks will be assuming the role of Recreation Coordinator during Ashley Belanger’s maternity leave.
(b)
Wayne Orr advised Council of the 10 year lease renewal for the OFF building in Hartingtou. The province has changed their process and will
hire a private company to negotiate the lease with the township. (c)
Councillor Vandewal commended the Roads Department on fixing the entrance issue at the intersection of Rutledge Road and Portland/Loughborough Boundary Road.
- Committee Meeting Minutes Resolution No. 2011-44-17
Moved by Councillor Vandewal Seconded by Councillor Naish
THAT Council receives the Committee minutes of various Township th Committees of Council as presented at the December 20 , 2011 meeting: . Minutes of the Development Services Committee meeting held th September 26"*, 2011
.
Minutes of ththe Development Services Committee meeting held November 7In, 2011
.
Minutes of the Police Services Board Annual meeting held November 23rd, 2011
.
Minutes of the Police Services Board regular meeting held November rd 23ro, 2011
Minutes of the Corporate Services Committee meeting held October
31st, 2011
Carried.
- Confirmatory By-law Resolution No. 2011-44-18
Moved by Councillor Naish
Seconded by Councillor Vandewal
Minutes of Council
7
December 20th'2011
THAT By-law^ 2011-86, being a by-law to confirm generaUy previous actions of the CouncU of the Township of South Frontenac, be given first and second reading this 20th day of December, 2011. Carried.
Resolution No: 2011-44-19
Moved by Councillor Naish
Seconded by Councillor Vandewal
THAT^By-law 2011-86, be read a third time, signed and sealed this 20th of
December, 2011.
Carried.
Mayor Davison extended Christmas greetings to aU Council and staff. 13. Adjournment Resolution No. 2011-44-20
Moved by Councillor Naish
Seconded by Councillor Vandewal
THAT the Council meeting of December 20th, 201)^ adjourned at 8:10 p.m
Carried.
.
^^rf
Mayor
s;
^
t_
istrator
Mayor Davison, Honourable Councillors,
I am here to speak on behalf of South Frontenac County residents
supporting the initiative to amend the local by-law regarding keeping of the chickens on smaller lots, in non-agricultural settings.
I would like to thank you for your willingness to grapple with the issue over and over again in an effort to create optimal policy in response to public demand. Please know that your work is very much appreciated. Over the last year this forum has seen much discussion on the issue of
backyard chickens and man> arguments have been put forward to prove the benefits of raising chickens for the family use. On November the 2-nd
Councillor McDougall presented a petition bearing 341 signatures showing that there is a considerable interest in this initiative in our community. Today, I urge you to grant the residents of South Frontenac County the right enjoyed by ever growing number of Canadian townships and municipalities. I urge you to vote “yes” to backyard chickens.
Thank you for giving me the opportunity to speak.
Page 1 of 3
Wayne Orr From: Stephen monty [stephen.monty@xplomet.ca Sent: Tuesday, December 20, 201 1 1:16 PM To:
Way ne Orr
Cc:
Rohde, Dieter H; Mark Segsworth
Subject: Osbourne Lane - Request for Upgrade Assistance
YV,T,1i!ln^?^a?-^Tlls-!?IL?_p8?-kin9 VS?th Te ,this mor-nin9- And Mark’ than>< you for acknowledging that we
haye^nsems.and/oragreeingtom.e.ntion.thataspartofyourreporttoni9htw^
^&^^ateSnd^^b"^esPe^fthishasbe Sr^^^-d)~u"^^^ly^ndo^bo^?“yatelane.re^ndthefactitw°"^9°^CouncifaftorthedeadNnefor^g an_offcialsubmtes;on.SoWayno, I would appreciate if you would, as you-suggested:‘please passon-this .r^‘S
the mayor before the meeting.
^h?ni!,s^^?f^alsj°.^?.d?^-t?^^a(!e” vers.us “maintenance” and whether, as Mark says, he made it clear to_a"a “cants at 9ravel.was “ot e"9ibte for reimbursement. Our association was very conscious of the
STCUOn^dween.ureradea^maintenence,from eoutset.andwou"NEVERhavcundertakenthiswcrk
without sufficient confirmation that in principle it met the guidelines.
!?^T^r-e-)?n??e^s ianexce?tf!rom an e-mail’ sent to our members on May 31 > 2011 (with bold and underlining
added to speed up your reading):
“Dave [Sleeth] and I talked about reapplying on the basis that although we can’t agree to do all
the work proposed last year, we could consider asking for assistance with thegravel needed to do a lesser job. Because the policy clearly applies only to lane
^??^ade^’,‘TInomaintenac® work applies”), I talked to Mark Segsworth, the guy in
charge of the policy, on the phone today and he suggested that we reapply wTth’what
we plan to do in the way of “upgrades” (widen, flatten, etc) and what we want in terms of
assistance (money for gravel only, which we would spread on our own). He said last
year^ere were many applications but that 1st time applicants (us again as we pulled out last
year) could still likely get up to 40% of the cost reimbursed. After we apply, as per last year, he would have to meet with us onsite to lay out our plan to him.”
And here is my June 17, 2011 cover e-mail to Mark with our application (again bold and underlining added): “Dear Mark, you may recall that we at the Osboume Lane Residents Association filed an
application last year based on a quote for road work by Gerry Hogan. You also met with
Dave Sleeth and me and walked the road I later had to call you to withdraw our application becuase it was clear that the majority of the members were unfortunately not prepared to pay the cost of that work, even after a subsidy from the Township.
As you suggested in our telephone conversation on May 31st, I’m attaching another
application for subsidy of upgrades we’re plaimmg (widening the road where necessary, especially for about 100’ at the entrance, flattening it out side to side in the bend in front of
^^^^^es^^i^ ^^ol^l ^^ ^ea^^h^^l^Uhw^iwi?^hl?^ ^peL^nt 12/20/2011
Page 2 of 3
?!*^-t^r^?ie^A11 ?he York woylld be ?? tile common Portion ofOsboume Lane begiiming at Burnt Hills Road and so would equally benefit all 20 or so of the households serviced bv
^^e^posed^tofHogan-s .ork last year .as s^ly too .uch fbrthen^i<y »f the^members, as I explained, so we are requestius assistance with eravefonTv^nthis amUcation as we will do the .ork ourselves (we have various bits of equipment among
us: skid steer, tractor, truck, small backhoe, etc). I fieure we will need about IQ’load^f
gravel. This proposed work is definitely intended and designed to upgrade the road as it is
deficient in a number of spots, as you’ll recall: this is not merely mamtenance that we are proposmg.
Please give me a call once you’ve had a chance to consider this, whether to answer any questions and/or to set up another walk of the road with us. Regards Stephen Monty President, Osboume Lane Residents Association Tel 353-6655”
And a note to the members immediately after (again bold and underlining added):
“To follow up from my note below and your responses, I’ve sent in the application to the
^^^^^rV^s^^tp^^^J ^^e^i^^u^ea^p’r^i^<fSi^t^)c rSst^lU^o^ismg when I hear from Mark Segsworth. He’ll presumably want to walk the road with us again (Dave and I did it last year with him). Assuming the Township agrees with us that this proposed work involves “upgrading” it (covered by their policy) and not mere “maintenance” (explicitly excluded), we may be in business! "
After walking the road with Dieter Rohde (copied above) on July 25,1 wrote the following to our members on July 30, 2011 (again bold and underlining added):
“Dieter met with Mmark Segsworth on Monday and Mark had no problem that the
rhr^<^S^?J^r^lYTf4I”^!?5^Lr!^IAh.T ^..^n^ ^°i-w.^.lcL-^ c^ye.red ?y
their policy (and not just “maintenance”), so we’re in business! Dieter will
check to see what it costs to rent a bulldozer for a day to see if doing that would
make sense as well. Once we have a sense of cost, I’ll send a note around. We
would be reimbursed (again Mark made mention of 40%) only after the fact, for out-of-pocket costs paid to others (gravel, bulldozer rental, culvert extensions, etc) and of course not for our own work.
12/20/2011
Page 3 of 3
^f^r^f^to^v^^rL1’}rLU!l.!.n^etln.^of_members s^on- patti su99ested doing
^p^^ tess=1;S’hs support. I’ll send a note around with a description and estimate of cost for the road work
shortly.
f^i,?^T;^^?!ls«a^LrL!O^OLi?9-t_h^grading’!t works wel1 and everyone llve spoken with is very happy it’s being done. Stephen” We could not have been clearer in our submissions, both in writing and in conversations. The cost of the work was,almostalLgraveL(1°o% 9ravel.atthe outset. unul a bu"dozer rental was discussed)“because we would do the
wo:,k .ou.rse”;esLandthat was.abs,o.iuteiyclear from the outset- The association’wouldn’ever’haveundertaken’this
?s;.s%.K?,aa;lss=£-;s^^^£ absolutely essential p.art.of.theurorade.The ?uote we received the previous year for example included gravd (over $6500, ^nearly two^thirds of the total quote) and thatwould presumably not have beendeemed’ineirgibieor’else^he result would be a completely impassable road!
^iI?^LI(^T^IrJ?^s-alr-?^ ^^se.ofd.eb^tes abolft up9rad.in9the road. and ’twas drfficult getting those r^nl^ ?e-T^!s.t.?_a.9-reeJ?.ci.°th;,? very basic,UP9rade. ‘I am hoping that we can do more’in future;
ajthough_l question what credibHity will remain and whether we will ever-get another penny from mombers unless this is resolved in a way that reflects our perfectly reasonable expectations based on what took place: Stephen Monty President, Osbourne Lane Residents Association
12/20/2011
