Body: Council Type: Minutes Meeting: Regular Date: October 5, 2010 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council th
October 5m, 2010
Meeting No. 30
Time: 7:00 p.m. Location: Sydenham Present:
Mayor, Councillors,
Gary Davison David Hahn John Fillion Jim Hicks
Allan McPhail Bill Robinson Del Stowe
Ron Vandewal
Larry York Staff:
WayneOrr, Clerk-Administrator; Lindsay Mills, Planning Coordinator; Mark Segsworth, Public Works Manager, Ashley Brown, Recreation Coordinator, Angela Maddocks, Confidential Secretary Call to Order
Resolution No. 2010-30-01
Moved by Allan McPhail
Seconded by Jim Hicks
THAT the Council meeting of October 5th, 2010 be convened at 7:00 p.m. Carried.
- Declarations of Pecuniary Interest
Bill Robinson declared a pecuniary interest with respect to Page 25 of the Accounts Payable Voucher. 3.
Delegations
(a)
John Fuller - Future of Lanes in South Frontenac
John Fuller circulated copies of his presentation to Council. (A copy is
attached to these minutes). Mr. Fuller encouraged Council to think about the
future of lanes in South Froutenac as there are 575 lanes within the township with over 450 kilometres. He noted that only 4% of the lanes receive any of the services that residents on public roads receive. He stated that he has
lived on Stair Step Lane for several years, before it was even given that name and noted that it is one of the few lanes that have curb side
garbage/recycling pickup. He questioned the criteria for “lanes” and “roads” as Carrying Place and Rideau Roads are classified as a road and Hideaway Lane is a lane. He felt that Council should consider that somewhere around 80% of tax revenue comes from lane residents. He felt
that Council should consider moving towards serving all residents although he was not suggesting that the township take over all lanes and the care and maintenance of them.
Del Stowe noted that South Frontenac has a private lane assistance program which helps_with the costs involved in upgrading lanes to township standards. He commented that there are a lot of lanes in Bedford that are
not serviced however he felt the township is making strides in improving lanes and services.
Larry York agreed with Mr. Fuller’s comments and felt that we need to
work towards common goals and encouraged public input.
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Bill Robinson stated that if he was re-elected he would work towards this.
Mayor Davison thanked Mr. Fuller for his presentation. 4. Public Meeting Resolution No. 2010-30-02
Moved by Jim Hicks
.
Seconded by Allan McPhaU
THAT a public meeting be held to discuss planning matters related to: Proposed Zoning By-law Amendment Z-10/18; Concession HI, Part of Lot 8, Bedford District -Jose
.
Proposed Zoning By-law Amendment Z-10/19, Concession V, Part of Lot 23, Storrington District - Sellers
.
Review of Application for Plan of Subdivision and associated Zoning By-law
endment.zon^ By-law z-lo/21- co»cessi»n»’ ^ “f Lot 22,
Storrington District
Carried.
(a) proPosedzomIlgBy-law Amendment Z-10/18, Concession III, Part of Lot 8, Bedford District-Jasek
Lindsay Mills referred to his report and noted that the purpose of this application is to rezone an eight acre area of land that is being added to an existing waterfront lot that is only 0.89 of an acre in size. Thiswill allow all
of the minimum standards to be met for a waterfront lot. The rezoning
would bring the whole of the expanded waterfront lot into one zone and recognize that it is accessed by a private lane. He noted that it will not be
the ideal configuration for the new lot however this is outweighed by creating a larger waterfront lot. This wiU not preclude the other lots from
having lot additions.
Jim Hicks asked if this lot could be divided again.
Lindsay Mills replied that it could not be divided again. Ron Vandewal questioned the small abutting lot and whether it had a structure on it.
There were no comments from the public.
(b) Proposed Zoning By-law Amendment Z-10/19, Concession V, Part Lot 23, Storrmgton District - Sellers
Lindsay Mills explained that this application would rezone a 2.5 acre new
waterfront lot to recognize that it is for residential purposes accessed by a
private lane. He referred to page 6 of the report which indicated the severed and retained lots. He noted that currently there are two residential units on
one lot however the severance will provide for one structure per lot with
both lots utilizing the existing road access.
Allan McPhail questioned the access being on the corner of the two lots and why the concept offroutage for both lots on a public road was not included.
Ron Vandewal commented that the frontage concern had already been discussed either at a previous Council meeting or with the Committee of Adjustment and the concern was that frontage on Duff Road will cut into the lot.
Lindsay Mills noted that frontage on Duff Road would give the retained lot direction access on DuffRoad.
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John Fillion questioned the sharing of driveways as this would have a deeded right of way that is already in good shape. Lindsay Mills noted that the easement is owned by the owner of the retained lot.
There were no public comments.
(c) Review of APPI]ication for Plan of Subdivision and associated Zoning By-law Amendment Z-10/21, Concession II, Part of Lot 22, Storrington District Campbell
Lindsay Mills reminded Council that this proposal came to Council two and half years ago. The original proposal included 24 lots however there were two major issues from the start. The waterfront lots would be within a provincial significant wetland and there were concerns with the MDS
separation from the existing agriculture use. He explained that the issue of
the setback from the wetlands has been addressed. The minimum distance
separatiou has delayed the project. The arc cut into five of the proposed lots
but there is still a buildable area. The ueighbouring farmer felt this proposal
was not consistent with the farming operation but is now in agreement with
a proposal of ten lots, seven being waterfront lots and three non-water front.
The non-buUdable portion has been taken out and added to the farming operation. The Cataraqui Region Conservation Authority had concerns with respect to lot drainage and the storm water management. There is now a drainage easement into CoUins Lake. He noted that Lots 9 and 10 will have a
special “no build” zone and the storm water pond will be zoned as community facility.
Jim Hicks asked if there was enough room to build on Lot 9. Lindsay Mills confirmed that there is still two acres outside of the arc to build on.
Ron Vandewal felt it would make more sense to move the road over and add
to the waterfrout lots. He asked if the farmer will be prohibited from building in the expanded area.
Lindsay Mills confirmed that the farmer will not be able to build on the property that is being added to his land.
David Hahn referred to the 0MB appeal on this property and the township’s delay in processing this application.
Liadsay Mills explamed that the applicant had taken this matter to the
Ontario Municipal Board as he felt the township had not made any decision withm the required time frame, but the township was waiting for the applicant to resolve the two major issues identified. He expected that the applicant will withdraw his appeal if the new proposal goes ahead.
Larry York noted that this has been ongoing and now that the developer and
neighbouring farmer have reached a consensus he felt the concerns have
been covered. He questioned what the storm water pond does.
Mayor Davisou explained that a storm water pond acts as a silt pond. There were no comments from the public. Resolution No. 2010-30-03
Moved by Jim Hicks
Seconded by Allan McPhaiI
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^?^T-aD.-^portu?lity,hav.iIlg !)een Provided to discuss planning matters, that the public meeting be closed.
Carried.
Resolution No. 2010-30-04
Moved by Del Stowe
Seconded by Bill Robinson
THAT Council receive the comments and attachments contained in the Planning Report dated September 30th, 2010; and
Defer any decision on the rezoning of the property until the comments resulting from the public meeting are reviewed; aiid
Forward the Planning Report dated September 30*”, 2010 including
attachments to the County of Frontenac as the Township’s comments on the revised subdivision proposal by Barry Campbell. Carried. 5.
Approval of Minutes
(a)
Committee of the Whole
Bill Robinson stated that his comments with regard to Sunday hunting had not been included in these minutes.
Resolution No. 2010-30-05
Moved by Jim Hicks
Seconded by Allan McPhail
THAT the Committee of the Whole meeting minutes of September 14th, 2010 be approved. (b)
Carried.
Council
Resolution No. 2010-30-06
Moved by David Hahn
Seconded by Larry York
THAT the Council meeting minutes of September 21st, 2010 be approved. Carried. 6.
Business Arising - nil
- Reports Requiring Action (a)
Accounts
John Fillion referred to Page 33 of the voucher and BCF reference to the County of Frontenac payment.
Mayor Davison noted that BCF refers to the Building Canada Fund. Resolution No. 2010-30-07
Moved by Larry York
Seconded by David Hahn
THAT Council approve the payment of the Accounts Payable Voucher
dated September 30th’ 2010 in the amount of $3,422,580.74. Carried
(b)
Livestock Valuations Resolution No. 2010-30-08
Moved by David Hahn
Seconded by Larry York
THAT subject to the completion of the required affidavit, that Council approves the following livestock valuations: NAME
AMOUNT
LIVESTOCK
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October 5th, 2010 1. 2. 3.
Clifford Green J. P. Lalonde
Percy Snider
$ 700.00 $ 175.00 $ 0.00
One Hereford Cow One Ewe One Bred Ewe
(This ewe was killed by dogs - owner of dogs has reimbursed for the
damage to livestock)
Carried.
(c) RePort from Anne Levac, Planning Assistant, re: Closing of Unopened Road Allowance Lindsay Mills noted that this report is a follow up from discussion at the last
Committee of the Whole meeting regarding a house in Bedford District that is encroaching on the uaopened road allowance. It was noted thatCouDcii
h^^ecen,tly,amellded their Il?ad closins policy and Council had requested
additional information regarding the costs. The report presented to Council provided a breakdown on the costs for this road allowance.
Del Stowe felt that everyone should be treated the same and if this was not a
township error the property owner should pay the price per square foot as set out in the township policy.
Lindsay Mills confirmed that this had not been a township error but rather a surveying or legal error.
Ron Vandewal felt there was no reason to sell the whole piece of road allowance.
Resolution No. 2010-30-09
Moved by Larry York
Seconded by Jim Hicks
THAT Council direct staff to proceed with the closure of a portion of the
road allowance between Concessions 3 & 4, District of Bedford, to Mr. and
Mrs. Hill at the price of $2.41 per square foot. 8.
Carried.
By-laws Resolution No. 2010-30-10
Moved by Ron Vandewal
Seconded by Del Stowe
THAT the following by-laws be given first and second reading: . .
By-law 2010-74 By-law 2010-76
Carried.
(a) By-law 2010-74 Resolution No. 2010-30-11
Moved by Del Stowe
Seconded by Ron Vandewal
THAT By-law 2010-74, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Rural (RU) Zone to Limited Service
Residential Waterfront (RSLW) Zone, Part Lot 23, Concession VI, District of Storringtoa, be read a third time, signed and sealed. (b)
Carried.
By-law 2010-75
while a draft copy of this by-law was included in the agenda package,
Lindsay Mills was not recommending that any readings take place at this time.
(c) By-law 2010-76 Resolution No. 2010-30-12
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October 5th, 2010 Moved by Ron Vandewal
Seconded by Del Stowe
THAT By-law 2010-76, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Rural (RU) zone to Limited Service
Residential Waterfront (RSLW) Zone, Part Lot 8, Concession III, District of Bedford, be read a third time, signed and sealed. 9.
Carried.
Reports for Information
(a) Report from Ashley Brown, Recreation Coordinator, re: update on progress to date
Ashley Brown provided an overview of her progress to date. She noted that she is working on quotes for the 2011 recreation guide. Larry York asked if the swim programs throughout the districts will be equalized and if there were future plans to expand this program. Ashley Brown commented that any expansion of this program is still in the early stages.
J’m Hicks asked about the costs associating with producing the recreation guide.
Ashley Brown stated that while she is still entertaining quotes, two have been received, one under the budget and one over the budget.
John Fillion referred to discussions at the last recreation meeting and asked if advertising wiU be included to offset the printing costs. Ashley Brown explained that this matter has also been discussed with the
South Frontenac Recreation committee but nothing has been finalized yet.
A suggestion has been made for back page advertising only.
John Fillion asked what the estimated costs are for the recreation guide. Ashley Brown stated that the higher quote was for $12,000.00 and the lowest was for $4,000.00.
Del Stowe referred to the discussion of the South Frontenac Recreation
committee meting and he agreed that back page advertising about the size of a business card is what has been talked about.
Ron Vandewal thanked Ashley Brown for attending the meeting. 10. Information Items
(a) Raymond Gallery, CAO, Town of Greater Napanee, re: letter of thanks for
show of support during the loss of members of their community in a tragic
motor vehicle accident
(b)
Ruth Peters, President of Rock Lake Seniors, Verona Club #1003, re: request for financial support
Wayne Orr referred to this request to offset rental costs for the Verona
Lions Hall. He noted that seniors in Storrington District have use of the Storrington Centre, Perth Road Crafters have use of Harris Park and he
noted that the Princess Auue Community Centre is available in Hartington. Ron Vandewal did not agree with financial support but felt the use of
Princess Anne Community Centre could be free of charge for this group.
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October 5ttl, 2010
Allan McPhail suggested this request should be referred to the recreation
commlttee-He^ recognized the focus of recreation programs for youth and
noted that recreation programs for seniors have not been addressed
^eIfi!.^eJ^t.lt^Las^o-t.the^sol!lth.,FroateIlac Recreation committees’ place to be recommending paying for facility use.
It was agreed that this item would be referred to the South Frontenac Recreation Committee for discussion. 11. New Business
(a)
Bill Robinson discussed the site plan agreement and the requirement for a berm at the car wash site in Hartington. He felt this was a new situation
since the neighbour wants a berm put up. The site plan was signed by the owner _and not followed up by the township and it was hi. opinion-that Council has the power to over turn these decisions. He thought the berm
would make the site look unsightly and requested that Council review this decision.
Del Stowe referred to the site plan agreement and asked if the berm had been included to address a concern of one of the neighbours and to avoid the original rezoning application going to the 0MB.
Lindsay Mills stated that he did not recall any reference to appealing the
decision_to the 0MB however he noted that the site plan agreement" was
reviewed by the owner and his lawyer and registered on title to the property.
Del Stowe questioned Councils ability to vote against a legal document already signed by the owner as the agreement was not signed under duress.
Lindsay Mills stated that a site plan agreement can be amended however screening aud buffering were discussed at the consent stage. He noted that the
whole creation of the lot was based on public concerns.
Larry York agreed with Del Stowe however he thought Council should have another look at this site as he felt it was unclear.
Lindsay Mills reminded Council of the report he submitted at the Committee
of the Whole meeting which indicated that a site plan agreement was registered on title. There can’t be changes made at a later date to these agreements once they have been registered.
David Hahn referred to Del Stowe’s comments about the site plan being a legal document. He noted that Council deals with the concerns raised-by residents through the public meeting process and residents rely on the fact that their concerns are followed up through site plan control etc. He noted
that there is no committee for the follow up process and the only way to
change is through the public process. He felt that all cases should be treated equally.
Jim Hicks felt the site plan was not correct as the vacuum is not located where it is indicated on the site plan. Lindsay Mills commented that in the Official Plan there is reference to the
use of a berm to provide buffering and this is used as a standard condition in site plans. He noted that the neighbour brought to his attention that his berm has not been installed.
Ron Vandewal referred to the lot that has been approved to the north of the car wash and the installation of solar panels. He felt that a vegetative buffer
will block the view from the south and felt this was overkill.
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?ei^-°^sug^ested/hat theowller and the concerned neighbour could find a ^Injp^o-mise’-.He.reiterated. th,at.a legal docuIneDt can’t be changed however ^c.e.anc^ulprom/?e is reached that a new site Plan could be brought back to Council for consideration. Larry York asked if there were a lot of people complaining about this berm.
He felt Council should consider looking at this issue again.
Mayor Davison confirmed that only one neiglibour has expressed concerns.
He was in favour of a compromise but felt that a one metre berm only makes it tougher to cut. He thought that bigger trees would have been more effective
but recognized that the township is still obliged by law to follow the site plan Del Stowe noted that people lived there before the car wash was constructed and that we should be listening to their concerns.
Ron Vandewal suggested that direction be given to the Planner to meet with both parties and discuss a compromise.
David Hahn did not have a problem with a compromise but cautioned that Couucil did agree to the site plan at the time. He was also concerned that if
changes are made to this site plan. Council should also be prepared to
consider other requests for changes to site plan agreements.
John Fillion questioned the reason for the hole that has been dug in the field to the south of the car wash.
Lindsay Mills explained that solar panels are to be installed at this location. John Fillion asked if the solar panels would be considered a buffer. He questioned signed contracts and where Council stands as he felt there is no
consistency with signed contracts in reference to O’Neil Lane garbage and recycling pick up.
Mayor Davison stated that there was no contract for garbage and recycling pick up on O’Neil Lane.
Bill Robinson stated that everyone is concerned about fair treatment. He stated that Council is here to work for the people and he felt Council still has the power to change this contract.
Wayne Orr cautioned Council to consider that the site plan is a legal document.
Council agreed to have Wayne Orr and Lindsay Mills meet with the owner and concerned neighbour to negotiate a compromise. (b)
Ron Vandewal requested that staff provide an acknowledgement to the sender that they have received emails.
- Committee Minutes Resolution No. 2010-30-13
Moved by Bill Robinson
Seconded by Del Stowe
THAT the minutes of the various Committees meeting be accepted as
presented. 13.
In Camera - ail
- Confirmatory By-law
Carried.
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October 5th, 2010 Resolution No. 2010-30-14
Moved by Bill Robinson
Seconded by Del Stowe
THAT By-law 2010-77, a by-law to confirm generally previous actions of the Council of e Township of South Frontenac;be given read a first and~secoud time this 5In day of October 2010.
Carried.
Resolution No. 2010-30-15
Moved by Bill Robinson
Seconded by Del Stowe
THAT By-law 2010-77, be read a third time, signed and sealed this 5th day of October 2010.
Carried
- Adjournment Resolution No. 2010-30-16
Moved by Del Stowe
Seconded by Bill Robinson
THAT the Council meeting of October 5th’ 2010 be adjourned at S:25 p.m. Carried
s:
/ ^_Mayor
cA d
istrator
