Body: Council Type: Minutes Meeting: Regular Date: September 20, 2022 Collection: Council Minutes Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/Minutes/Regular Council/Board/2022/Council - 20 Sep 2022 - Minutes.pdf)
Document Text
Minutes of Council September, 20, 2022
TOWNSHIP OF SOUTH FRONTENAC Council Meeting Minutes
Meeting #33 Time:7:00 p.m. Location: Electronic Participation/Council Chamber Present: Mayor Ron Vandewal, Ray Leonard, John McDougall, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff Present in Council Chamber: Kyle Bolton, Director, Public Services; Troy Dunlop, Manager, Technical Services & Infrastructure; Michelle Hannah, Planning Assistant; Tim Laprade, Manager, Recreation; Angela Maddocks, Clerk; James Thompson, Deputy Clerk; Christine Woods, Senior Planner Staff Present Virtually: Shelley Stedall, Director, Corporate Services-Treasurer 1 Call to Order and Roll Call a)
Resolution Resolution No. 2022-33-01 Moved by Councillor Roberts Seconded by Councillor Revill That the Council meeting of September 6, 2022 be called to order at 7:05 p.m. Carried
b)
The Clerk conducted the roll call as outlined in the attendance above.
2
Declaration of pecuniary interest and the general nature thereof - none
3
Approval of Agenda
a)
Resolution Resolution No. 2022-33-02 Moved by Councillor Revill Seconded by Councillor Sutherland That Council waive the procedural rules related to Section 6. Clause a. of By-law 2017-16 in order to permit Council to give consideration to a Notice of Motion related to the Federal Electoral Districts Redistribution 2022. Carried Resolution No. 2022-33-03 Moved by Councillor Sleeth Seconded by Deputy Mayor Leonard That the agenda for the September 20, 2022 Council meeting be approved, as amended. Carried
4
Scheduled Closed Session - not applicable
5
Delegations
a)
Brad McNevin, CAO, Quinte Conservation, re: Municipal Partnership Briefing
Minutes of Council September, 20, 2022 Resolution No. 2022-33-04 Moved by Councillor Revill Seconded by Councillor Sleeth That Council offer support for the continued delivery of Category 2 and 3 programs by Quinte Conservation; and That Council direct municipal Staff to work with Quinte Conservation staff on a Memorandum of Understanding (MOU) and Cost Apportionment Agreement (CAA) development to be presented to Council in early 2023. Carried 6
Public Meeting
a)
Resolution - Call the public meeting to order Resolution No. 2022-33-05 Moved by Councillor Morey Seconded by Councillor McDougall That a public meeting be held regarding Official Plan Application (PL-OPA-20220037) and Zoning By-law Amendment Application Z-16/15. Carried
b)
Notice of Collection The Deputy Clerk spoke to the collection of personal information as well as the purpose of the public meeting held under the Planning Act.
c)
Official Plan Amendment Application PL-OPA-2022-0037 and Zoning Bylaw Amendment Application Z-16/15, Skycroft Campground (2011), 2827 Opinicon Road • This report provides Council with information about Zoning By-law Amendment Application Z-16/15 and Official Plan Amendment Application PL-OPA-2022-0037 for a proposed expansion of Skycroft Campground at 2827 Opinicon Road.
The Agents and Ms. Woods conducted a PowerPoint presentation regarding the application. Ms. Woods provided a summary of the correspondence received to date regarding the application. In response to a question from Councillor Sleeth, Mr. Legere provided explanation regarding “cave cabins” and their proposed location. Councillor Sleeth expressed concern regarding the proposed scope of the application and indicated that he does not believe that the application should be supported in its current state. He commented that he is worried that additional traffic stemming from the application would negatively impact wildlife. Councillor Ruttan sought further information regarding the definition of the word “unlikely” in relation to the phrase in the Environmental Impact Study which states that “it is unlikely that Lake Opinicon will be impacted by the proposed sewage system.” He requested additional explanation regarding the phosphorus contingency plan. Mr. Legere responded that a response will be provided in a future report. In response to a question from Councillor Ruttan, Mr. Legere provided clarification regarding the proposed reduction in waterfront per site. He stated that the proposed figure of 3.5 metres of waterfront per site would exceed what is typically required in other municipalities. He indicated that it is his understanding that the use of the waterfront is currently underutilized.
Page 2 of 11
Minutes of Council September, 20, 2022 Councillor Revill questioned if updated traffic data is available for Opinicon Road. Mr. Legere noted that The Greer Galloway Group conducted a traffic study during the pandemic. He indicated that the Agent is suggesting that traffic volume does not pose a concern. Mr. Dunlop noted that the Township last conducted traffic counts in June, 2018. He mentioned that 550 vehicles were recorded utilizing the western portion of Opinicon Road while 316 vehicles were recorded using the eastern portion of the Road. He clarified that Opinicon Road is considered a low volume road as per guidelines. Councillor Revill referenced the linear distance of waterfront per site and sought confirmation that the disturbance stemming from proposed changes to the marina or due to waterfront use will remain the same or modestly increase. Councillor Sutherland suggested that the data should include a field which compares usable shoreline in relation to density. He stated that standards in place in other municipalities should not be of major concern to South Frontenac. Councillor Sutherland expressed concern regarding the proposed monitoring process. Councilor Sutherland stated that there should be considerable consequences if trees are removed beyond what is permitted. Councillor Sutherland indicated that increased traffic volume will lead to additional wildlife mortality. Councillor Sutherland questioned if the applicant has taken the appropriate steps to protect at risk species. Councillor McDougall sought further information regarding the proposed communal water and septic systems. Ms. Woods responded that the proposed system would not be considered a communal system as it is defined as a private system. Councillor McDougall questioned if the application includes outhouses. Ms. Woods responded that the plans include two comfort stations. She noted that all seasonal sites will be serviced by water and sewage infrastructure. Councillor Morey requested further information regarding ground water monitoring. He questioned if it is possible to maintain sixty percent tree coverage if sewage and water infrastructure is being provided to most sites. He referenced Slide 8 of the PowerPoint presentation and commented that the wall of trailers would act as a barrier to wildlife movement. Councillor Morey stated that the application represents a considerable expansion of the current campground and indicated that caution should be taken during the review process. He commented that once the work is completed the environmental impact will have occurred. Deputy Mayor Leonard stated that the application would lead to increased vehicle traffic and questioned if the Township would be required to make improvements to Opinicon Road. Mr. Legere indicated that the Study suggested that infrastructure improvements are not required beyond additional signage. Councillor Roberts noted the number of deer which are often in close proximity to Opinicon Road. Mayor Vandewal stated that he is also concerned about the design of the water and septic system. He requested that additional information be provided
Page 3 of 11
Minutes of Council September, 20, 2022 regarding garbage and collection. He suggested that boating should not be permitted from Skycroft Campground. He questioned how much space would be required to construct the proposed campground under modern zoning standards. Mayor Vandewal spoke to the number of transient sites and noted that the majority of sites will be occupied by permanent campers and will be utilized daily for six months of the year. He indicated that the permanent sites have a far greater impact on the surrounding area. The Mayor afforded members of the public with an opportunity to provide comment. Reade Davis, 1658 Post Office Gate Lane, spoke to the importance of protecting shoreline density. He stated that the application does not conform with the Official Plan and Zoning By-law. He mentioned that as of September 13, 2022, no immediate neighbours of Skycroft Campground had offered their support to the application. He commented that non-residents are offering their support the application. He indicated that the strengths of Skycroft Campground will be compromised by the proposed application. He provided a summary of the levels of opposition. He stated that approving the application in its current form would be disastrous to the community and the environment. He indicated that the site is already showing strains from an environmental standpoint. He stated that Skycroft Campground should not be considered a significant economic driver and is not a significant contributor to the taxbase. He suggested that biodiversity and low impact ecotourism should be promoted as an alternative. He mentioned that the Lake Opinicon forms part of the UNESCO World Heritage Site and is recognized as a living laboratory. He commented that the Township should remain focused on protecting the international designation of the Lake as well as the existing stewardship programs. He requested that Council carefully considered the letters which outline the negative aspects of the application. He expressed concern regarding the studies provided by the Applicant. Cam Salsbury, 2313 Sands Road stressed the importance of shoreline protection. He spoke to the Official Plan in relation to the campground requirements. He referenced the provisions in the Zoning By-law related to tent and trailer parks. He spoke to the proposed design of the Skycroft Campsite expansion and suggested that the proposed 3.5 metres of shoreline per site does not conform with either the requirements outlined in the Official Plan and Zoning By-law. He stated that it does not make sense to include the property owned by Queen’s University in the calculation. He mentioned that the application is actually proposing 2.0 metres of waterfront per site when consideration is given to the development that is already in place. He commented that the proposed number of sites would exceed what is permitted by approximately 450 percent. He indicated that if the application was approved it would serve as a precedent for future applications in South Frontenac. Steve Lukits, 2974 Opinicon Road, indicated that Opinicon Road is designated as a scenic route for motorcycles and sports cars. He mentioned that there is a lot of traffic on Opinicon Road during the weekend. He stated that Council has the responsibility to hold land in trust for the Township, Canada and global community due to the UNESCO Heritage Site designation. He indicated that he has great concern for Lake Opinicon. He spoke to the history of the campground. He commented that currently the campsites are separated by green space. He stated that the proposed expansion would be similar to moving from an one-acre lot to a high-rise condo. He commented that too much density is proposed in the application. He requested that Council reject the application.
Page 4 of 11
Minutes of Council September, 20, 2022 David Philipp, 631 Black Bay Road, indicated that he has studied fish populations on Lake Opinicon since 1982. He spoke to the importance of ecotourism as well as recreational fishing. He stated that healthy lakes are required for ecotourism to remain viable. He expressed concern that the Environmental Impact Study is inadequate and should be ignored. He provided information regarding the academic studies which have occurred on Lake Opinicon over the last thirty years. He indicated that the area of Telephone Bay is the most stressed as disturbed area in the lake due to the dense growth of green algae. He stated that there are already very high levels of human produced nutrients leaching into the lake. He commented that deforestation, numerous docks and boat use is also damaging the lake. He indicated that the proposed application would further increase the human impact on the lake. He spoke to the lower flushing rates in Telephone Bay which cause nutrients to remain in the bay. He commented that Telephone Bay is the least appropriate area of the lake to increase density. He spoke to the degradation of bass spawning grounds. He explained that every metric illustrates that approving the application would be a huge mistake that would cause a negative impact beyond Lake Opinicon and indicated that there would be serious and long lasting repercussions. He requested that Council reject the application. He suggested that Skycroft Campground should be required to remove the thirty existing sites which exceed regulations. Nick Steo, 54 Guthrie Lane, expressed concern regarding the design of the sewage system. He spoke to the Ministry guidelines associated with the proposed system. He commented that the proposed system does not meet the requirements of the 2015 Ministry Guidelines. He suggested that the design is only proposing 56 percent of the required system capacity. He stated that it is not reasonable to accept the design as currently proposed. He spoke to the existing leaching pits and indicated that explanation has not been provided regarding how the existing seventeen sites will be accommodated via the new system. He questioned how the grey water from the existing seventeen sites will be handled. He provided Council with additional information regarding the Ministry Guidelines as well as the Water Resources Act. He mentioned that a water resource impact statement has not been provided by the applicant. He spoke to how the wells located nearby the dispersal fields could be impact and suggested that a hydrogeological study must be completed. He suggested that the Applicant is not taking the lake environment into consideration. He requested that Council deny the application. Jennifer Faguy, Split Rail Lane, spoke to the original intent of Skycroft Campground. She expressed concern regarding the proposed increased density. She noted that since the arrival of the current owner there has been a considerable increase in the number and size of dock structures as well as an increase in boat rentals. She stated that she is worried about the impact of a full sized commercial marine facility. She commented that the lake has become increasingly dangerous due to the numerous boats. Chris Heffernan, 1378 Country Road 2, Mallorytown noted that he submitted correspondence regarding a review of the Environmental Impact Study. He referenced Section 2.1.5. of the Provincial Policy Statement and indicated that the Study did not provide clear explanation regarding how species or habitats will be protected. He noted that some clarification has been provided tonight regarding Section 2.1.6. of the Provincial Policy Statement which relates to site alteration nearby a fish habitat. He stated that if the application was to be approved it should be subject to a condition that future expansion of the waterfront area would require a Scope Environmental Impact Study as well as federal and provincial approvals. He provided Council with information regarding species at risk and spoke to the species at risk associated with the site in question. He mentioned that butternut trees and warblers have not been addressed in the Environmental Impact Study. He spoke to turtles and rat snakes in relation to habitat protection requirements.
Page 5 of 11
Minutes of Council September, 20, 2022 Eva Leon, 752 Indian Lake Road, Chair, Chaffey’s Area Lake Association indicated that correspondence has been submitted on behalf of the Lake Association. She commented that poor quality Environmental Impact Study’s rarely stop bad projects from advancing. She noted that the Field Study included in the Environmental Impact Study did follow protocol. She suggested that the mitigation measures proposed by the consultant are preposterous and are not enforceable. She spoke to the proposed mitigation measures and questioned if an education program would be successful. She expressed concern regarding the tree and vegetation removal proposal. She suggested that business decisions should not trump environmental protection. She questioned if Indigenous communities were consulted regarding the application. Adam Turcotte, Canoe Lake Road, indicated that he is concerned that further expansion of the campground is being considered when in its current state it is already non-compliant with zoning regulations. He stated that approval of the application would set a precedent for other campgrounds in the Township. He suggested that Queen’s University be entitled to speak to the application prior to Council making a decision on the matter. He requested that Council delay making a decision on the file for six months to ensure that all of the information is considered. Sheila Hurley-Mathers, 575 Deadlock Bay Road stated that she has submitted correspondence regarding the application. She referenced the Environmental Impact Study in relation to the Provincial Policy Statement. She spoke to significant woodlands and wildlife habitat. She mentioned that the Planning Justification Report notes that all decisions shall be consistent with the Provincial Policy Statement. She spoke to Sections 2.1.5. and 2.1.8. of the Provincial Policy Statement and commented that the application will lead to several potential negative impacts. She stated that as per the Provincial Policy Statement requirements the application should be denied. Julie Clausen, 631 Deadlock Bay Road spoke to ecotourism. She commented that if the natural environment is taken for granted and not protected the natural environment which is the reason that people visit the area will be lost forever. She questioned why people would want to spend time in a campground that is the size of a small village. She indicated that there is a need for balance and suggested that camping, fishing and boating can occur in a sustainable fashion. She suggested that Skycroft Campground should not be considered an ecotourism destination and stated that it is an example of overtourism as it destroys resources. She commented that Lake Opinicon is a shared natural resource and indicated that one business should not be able to ruin it. She requested that Council deny the application. Kathryn Hendrick commented that Skycroft Campground has been a good neighbour. She explained that she is becoming concerned that short-term rental accommodations nearby the campground will lead to garbage and noise issues. She indicated that neighbours are concerned about rental sites. She commented that she is also concerned about the disruption of cultural heritage. She stated that the approval of the application would set a precedent for other campgrounds. She mentioned that the Indigenous Community should also be consulted. She commented that the proposed application would negatively impact the surrounding area. She spoke to the increase in traffic and the impact on wildlife. Greg Bulte, 15 Peyton Lane stated that the Environmental Impact Study does not adequately address the impact of cars and boats on wildlife. He spoke to a study regarding grey rat snakes in relation to wildlife mortality on Opinicon Road. He stated that adding additional campsites will further negatively impact this issue. He provided Council with information regarding a study related to map turtles. He indicated that the rate of collisions between turtles and boats is unsustainably high and noted that the rates have doubled over the
Page 6 of 11
Minutes of Council September, 20, 2022 last ten years. He commented that further expansion of the campground would further negatively impact the turtle population. He stated that the studies should be seen as general indicators on wildlife. He spoke to the biodiversity hub located on Lake Opinicon and indicated that it is an national asset. He commented that Lake Opinicon must be protected by a non-sustainable development. Donna Garland, Wolfe Lake Association referenced the data provided by the Agent regarding campgrounds on Wolfe Lake and suggested that it is not accurate. She commented that she has witnessed how campgrounds can deteriorate lakes. She spoke to the impact of algae, invasive species and toxic lead levels. She questioned who is responsible for the various boat launches on the lake. She indicated that wakes from high-speed boats cause lunechicks to drown. Moved by Councillor Morey Seconded by Deputy Mayor Leonard That Council waive the procedural rules as outlined in Section 6. Clause j. of By-law 2017-16 in order to permit Council to continue the meeting beyond 10:00 p.m. to complete the agenda. Carried The Committee recessed. Roseland Gill, 11 Duffey Lane expressed concern regarding the impact of campfire smoke. She mentioned that if the application was approved it would become a larger issue. She noted that campfire smoke is bad for your health. She requested that Council reject the application. Stephen Lougheed, Director, Queen’s University Biology Station, stated that the Queen’s University has maintained a long standing relationship with the owners of Skycroft Campground. He commented that while he can appreciate the desire to expand a business it must be done in an ecologically friendly fashion. He provided Council with background information regarding the biodiversity of the region. He noted that he attended the public meeting held five years ago regarding this file and mentioned that he was disappointed that another application similar in scope to the original proposal is back before Council. He stated that the proposed application could cause irreparable harm. He spoke to the property owned by Queen’s University and the associated stewardship agreement. He provided Council with information regarding various studies conducted by Queen’s University. He spoke further to the history of the Queen’s University Field Station. He expressed concern that decreased water quality will further impact species at risk. He reiterated that this area of Lake Opinicon is an important bird habitat and forms part of a globally recognized biosphere reserve. He spoke to the commitment of the Canadian government to protect 17 percent of land and fresh water by 2020 under the UN Convention for Biodiversity. He noted that the Lake Opinicon Field Station is the first in Canada to be recognized and indicated that it serves as an example nationwide to protect biodiversity. He was of the opinion the application is too large for the site in question. He referenced the correspondence he submitted related to the application. Laura Huffmann, 2477 Lake Opinicon Road, noted that she submitted a letter regarding the application. She spoke to the increase in erosion occuring nearby the campground. She commented that the approval of the application would impact road usage. She questioned if the Township of Rideau Lakes has been advised that the approval of the application would impact their roads. She mentioned that many of the concerns have not been addressed by the Applicant and stated that further information is required before Council takes
Page 7 of 11
Minutes of Council September, 20, 2022 action on the application. She suggested that Council should deny the application. Bob Brumback, 71 B Crystal Springs Farm Lane commented that the question should be whether any expansion of the Skycroft Campground is prudent. He stated that the campground is already much larger than other campgrounds in South Frontenac. He noted that there are approximately 250 dwellings on Lake Opinicon excluding Skycroft Campground. He indicated that half of the dwellings on Lake Opinicon would be located at the campground if the application is approved and suggested that the population of Skycroft Campground would exceed the population of Westport. He stated that the impact of the campground on the lake should be examined further. He indicated that the number of campsites should be examined in relation to the size of the lake. He indicated that Skycroft Campground is already too large and noted that Lake Opinicon is quite small. He stated that the proposed application is quite unreasonable. He requested that the application be denied. William Smith, Darling Road, expressed concern regarding the potential for increased boat traffic. He commented that boats tend to congregate nearby Skycroft Campground which is an area where fish breed. He indicated that this area is already negatively impacted by the campground. He spoke to the impact of campfires. Ronda Burke, 1658 Post Office Gate Lane, spoke to Council regarding the risk of wildfires and forest fires. She noted the difficulty in responded to a fire at the site in question. She stated that the expansion of the campground would lead to an increased need for emergency services. She indicated that property in its current state is already too intensely used. Peter Harris-Jones referenced the Traffic Report provided by the applicant. He stated that the road itself is a lane and not technically a road. He spoke to the impact of increased traffic. He mentioned that garbage collection would also need to be further reviewed if the application was to be approved. Reid Davis requested that Council provide members of the public sufficient time to retain legal representation and review the reports provided by the Applicant. He requested that Council defer making a decision on the application until the June, 2023 Council meeting. He suggested that Council should hold an additional public meeting to further review the documents. Ms. Woods spoke to the next steps from a process standpoint. She indicated that members of the public will be notified when the application is brought to Council or if an additional public meeting is held. She mentioned that the process would take some time to complete. Mayor Vandewal confirmed that an additional public meeting would be called if required. The public meeting concluded at 10:38 p.m. d)
Resolution - Close Public Meeting Resolution No. 2022-33-06 Moved by Councillor Revill Seconded by Councillor Sutherland That having provided an opportunity for input, the public meeting be closed. Carried
7
Approval of Minutes - not applicable
Page 8 of 11
Minutes of Council September, 20, 2022 8
Business Arising from the Minutes - none
9
Reports Requiring Action - none
10
Committee Meeting Minutes - none
11
By-laws
a)
By-law 2022-88 - Appointment of Deputy Treasurer • This report recommended the passing of a bylaw to appoint Louise Fragnito as Deputy Treasurer for the Township. Deputy Treasurers must be appointed by By-law to meet Municipal Act requirements to grant the powers of the Treasurer as needed. Resolution No. 2022-33-07 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2022-88 to appoint Louise Fragnito as Deputy Treasurer for the Township of South Frontenac be given first and second reading. Carried Resolution No. 2022-33-08 Moved by Councillor Sleeth Seconded by Deputy Mayor Leonard That By-law 2022-88 be given third reading, signed and sealed. Carried
b)
By-law 2022-89 - Commemorative Amenity & Tree Policy and Application • Staff sought Council approval for a Commemorative Amenity & Tree Policy. This policy will act as a guiding document to ensure commemorative installations are thoroughly reviewed to maintain environmental and social integrity, and to ensure installations are conducive with long-term park/ facility site plans. Resolution No. 2022-33-09 Moved by Councillor Sleeth Seconded by Councillor Sutherland That By-law 2022-89 being a by-law to establish a Commemorative Amenity & Tree Policy and Application be given first and second reading. Carried Resolution No. 2022-33-10 Moved by Councillor Morey Seconded by Councillor Roberts That By-law 2022-89 be given third reading, signed and sealed. Carried
c)
By-law 2022-90 - Establish a Recreation & Leisure Services Committee • Staff sought Council approval regarding the recommendation presented to Committee of the Whole to dissolve the two existing recreation committees and move forward with one Recreation & Leisure Services Committee. Resolution No. 2022-33-11 Moved by Councillor Roberts Seconded by Councillor Sutherland That By-law 2022-90, being a by-law to establish a Recreation & Leisure Services Committee, be given first and second reading. Carried Resolution No. 2022-33-12
Page 9 of 11
Minutes of Council September, 20, 2022 Moved by Councillor Morey Seconded by Councillor Ruttan That By-law 2022-90, be given third reading, signed and sealed. Carried 12
Reports for Information - none
13
Information Items - none
14
Notice of Motions
a)
Federal Electoral Districts Redistribution 2022 Resolution No. 2022-33-13 Moved by Councillor Revill Seconded by Councillor Sutherland That Council direct staff to register the Township of South Frontenac as a participant in Federal Electoral Districts Redistribution 2022 meetings to allow for the Township to address the proposed revisions to Federal Electoral Districts with further direction from Council to follow. Carried
15
Announcements/Statements by Councillors - none
16
Question of Clarity (from the public on outcome of agenda items) - none
17
Closed Session (if requested) - not applicable
18
Confirmatory By-law
a)
By-law 2022-91
Resolution No. 2022-33-14 Moved by Councillor Sutherland Seconded by Councillor Ruttan That By-law 2022-91, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading. Carried Resolution No. 2022-33-15 Moved by Councillor Morey Seconded by Councillor Sleeth That By-law 2022-91, being the confirmatory by-law, be given third reading, signed and sealed. Carried 19
Adjournment
a)
Resolution Resolution No. 2022-33-16 Moved by Councillor Ruttan Seconded by Deputy Mayor Leonard That the Council meeting of September 20, 2022 be adjourned at 10:45 p.m. Carried
Page 10 of 11
Minutes of Council September, 20, 2022
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 11 of 11
