Body: Council Type: Minutes Meeting: Regular Date: April 6, 2010 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council
April 6th, 2010
Meeting No. 12 Time: 7:00 p.m. Location: Sydenham Present:
Mayor Councillors,
Gary Davisou Larry York David Hahn Jim Hicks Allan McPhail Bill Robinson Del Stowe John Fillion
Absent:
Ron Vandewal
Staff:
Wayne Orr, Clerk-Administrator; Mark Segsworth, Public Works Manager; Lindsay Mills, Planner; Angela Maddocks, Confidential Secretary
Call to Order Resolution No. 2010-12-01
Moved by Allan McPhail
Seconded by Jim Hicks tli
THAT the Council meeting of April 6 ,2010 be convened at 7:00 p.m. Carried.
Mark Segsworth, Public Works Manager, apologized for his conduct and behaviour at the last Committee of the Whole meeting. 2.
Declarations of Pecuniary Interest
Bill Robinson declared a pecuniary interest with respect to Page 28 of the Accounts Payable voucher. 3.
Delegations - nil
Public Meeting Resolution No. 2010-12-02
Moved by Bill Robinson
Seconded by Del Stowe th
That a public meeting be held for the four items on the agenda dated April 6 , 2010.
Carried.
(a) Proposed Zoning By-law Amendment Z-10/04, Concession V, Part Lot 4, District of Loughborough - Limestone District School Board
Lindsay Mills stated that the purpose of this application is to rezone two existing lots abutting the Sydenham High School property on Mill Street as they are proposing to construct a 13,000 square foot addition to the school. He suggested that the by-law be given first and second reading only as the school board does not yet own all of these lots. He stated that there have been no objections but he is still waiting on comments from the Ministry of the Environment regarding loading of the septic. He further explained that a deeming by-law will be necessary as these lots can not be automatically merged into one parcel. Jim Hicks asked about the setback from the street within the hamlet.
Lindsay Mills stated that the community facility zoning has a different setback than residential.
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April 6th, 2010
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DaYid .Ha,h.^ referred to the recently approved trafGc study for Rutledge Road and asked if there was a way to require the school board to contribute to traffic lights if they are found to be necessary.
Lindsay Mills stated that there will be no increase in the student population of
the school but the addition will allow extra space for the programs that are offered.
David Hahn questioned the traffic needs and what could be incorporated.
^‘fl^fo^teidaflf?^t^.e there wil1 be “° !>tlditi°“al st”(lel ts the township There were no comments from the public.
^ pr«»P»sed Zoning By-law Amendment Z-10/05, Concession XIII, Part Lot 4, District of Bedford - MacComish
Lindsay Mills explained that this amendment will rezone a 1.5 acre area of
land that is being added to an existing waterfront residential lot that is presently
approximately one acre which bring the entire parcel into conformity’with the
Official Plan and bring the whole new lot into one zone. He noted that this will be an odd shape lot. There were no public comments
Mayor Davison questioned the expansion of lots behind the existing buildings. Liudsay Mills stated that the owner of the existing lot could build uow as is,
however this application would not preclude a lot addition to the abutting
waterfront lots in the future.
(c) Proposed Zoning By-law Amendment Z-10/06 and Official Plan Amendment # 13, Concession VII, Part Lot 7, District of Portland - Asselstine
Lindsay Mills explained that the Official Plan amendment would permit an additional three residential lots to be created from an existing parent parcel of land and a Zoning Bylaw Amendment that would recognize three proposed new residential lots in the hamlet of Hartington. He explained that the applicant received approval for three severances from residential lots on the south end of this property in 2008 and supported the creation of 3 additional lots as the Official Plan directs development within the hamlet areas. Mr. MiUs stated that
he has met with the Ministry of Municipal Affairs and they are in favour of this amendment so long as there is enough property left for subdivision
development. He noted that there were no written comments from the public. Allan McPhail asked why there were only three lots being applied for as it appears that there is enough frontage to permit 4 lots. Lindsay Mills stated that there is not enough room to permit the fourth lot. Jim Hicks asked if these three lots had been severed first, would the Planning Department approve the three lots on the south end of the property. Lindsay Mills stated no, that it could not be justified the other way. Bill Robinson stated that Mr. Asselstine received approval for three lots in the rural area and now he is asking for three lots in the settlement area and felt this was a straightforward proposal.
Del Stowe noted that the Official Plan states “generally” three lots are permitted.
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Apri!6th,20JO
The Mayor replied that this is correct.
He.n^y.sau^de^s asked ]llow the township receives public input and how does public input influence the decision.
Lmdsay Mills explained that public input is appreciated and consideration given to the comments received. He noted that ail comments will be forwarded to the Ministry of Municipal Affairs and Housing. David Hahn stated that he agrees with the proposal and noted that there will be two more opportunities for public input during the rezoniag stage and the consent application process.
Dennis Saunders asked if there were any environmental studies involved. Lindsay Mills explained that if streams or wetlands are involved then an
environmental study is required. He noted that there was no requirement for such a study in this case.
Deunis Saunders stated that there are water quantity concerns in the area and that the nearby quarry has affected the quality of water.
Lindsay Mills referred to the comprehensive groundwater study that identifies water issues in areas south of the Canadian Shield but the subject land was not identified as having significant quantity issues. He noted that the applicant will have to provide proof of water quantity.
Dennis Saunders asked if the applicant gets enough water but existing wells are affected by this then what happens.
Lindsay Mills stated that draw down tests can be required to determine the affect on existing wells. He noted that there are several measures to deal with water quality.
Mr. Saunders indicated that he has concerus siuce he has experieuced water quantity issues.
(d) Proposed Amendment to New Development Charges By-law Lindsay Mills noted that the wrong schedule had been included in the agenda package and circulated corrected copies. He noted that the development charge by-law was passed in the fall of 2009 but the recreation allocation was
overlooked. He stated that it was important to note that the overall charge has not changed. There Public Works portion has been broken down further as well. There were no comments from the public or Council. Resolution No. 2010-12-03
Moved by Bill Robinson
Seconded by Del Stowe
That having had an opportunity to hear comments that the public meeting be closed.
Carried.
Resolution No. 2010-12-04
Moved by Allan McPhail
Seconded by Jim Hicks
That the Council of the Township of South Fronteaac receives the report dated March 31, 2010 from the Planning Department and that all comments and
discussions form the public meeting be forwarded to the Ministry of Municipal Affairs and Housing for their review.
Carried.
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4
April 6th, 2010 5.
Approval of Minutes
(a) Minutes of the Committee of the Whole meeting held March 9th, 2010 David Hahn referred to Page 21 with respect to trailer parks and bag tags. He noted that commercial properties can also pay for additional bag tags for their extra garbage.
Resolution No. 2010-12-05
Moved by Allan McPhail
Seconded by Jim Hicks
THAT the Committee of the Whole meeting minutes of March 9th’ 2010 be approved as amended.
Carried.
(b) Council Minutes of March 15t”, 2010 Resolution No. 2010-12-06
Moved by Allan McPhail
Seconded by Jim Hicks
That the Council meeting minutes of March 16lh, 2010 be approved. Carried. (c) Committee of the Whole Meeting of March 23’(1,2010 Resolution No. 2010-12-07
Moved by Allan McPhail
Seconded by Jim Hicks
That the Committee of the Whole meeting minutes of March 231d, 2010 be approved. 6.
Carried.
Business Arising
(a) Del Stowe confirmed that the second building inspector position will include a component of facilities management and that portion will be billed directly to the facility itself.
(b)
Del Stowe questioned the garbage and recycling request for proposals and asked if the tender was based on a household charge and not on tonnage. Wayne On- stated that the RFP is very clear that it is based on household charges.
Del Stowe noted concerns about the requirements for deposits with respect to bid bonds and performance bonds.
Wayne Orr explained that bidders can provide a proposal for alternatives to accommodate the bond requirements which makes it easier for smaller
contractors to meet the requirements. He noted thai previously the township has taken a holdback from the contract to address this requirement. Del Stowe was satisfied that concessions have been made for smaller contractors
who have proven performance with the township.
Wayne thOrr reminded Council that a bidders meeting is scheduled for Friday,
April 9 from 9:00 a.m. to noon and this will be an opportunity for questions to be answered. 7.
Reports Requiring Action
(a)
Accounts
Resolution No: 2010-12-08
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5
Moved by Allan McPhail
Seconded by Jim Hicks
Iiar^Tl’^I!?SiiInatI^’^meo^ ^‘fTi"’^5t,8’^6t^. Acco"uts payable vo"c^^ed (b)
Livestock Valuations
Resoludou No. 2010-12-09
Moved by Larry York
Seconded by David Hahu
THATsubJect to the completion of the required affidavit, that Council approve the following livestock valuations: NAME
AMOUNT
Gerald Noble
$411.75
One Charlais Cross Steer
Gordon Young
$ 0.00
One Simmeutal Cow
LIVESTOCK
/
Carried.
(c) Report from Anne Levac, Planning Assistant, re: Licence for Mobile Ice Cream Cart
Wayne Orr referred to the report from Anne Levac with regard to a request to operate a mobile ice cream cart. He noted that while there is no licensing specifically for ice cream carts, there is a requirement for chip wagons to be
licensed and that the recommended fee to license an ice cream cart would be $50.00.
Del Stowe felt that to ensure a consistent approach that the by-law be amended to reflect future requests similar to this one.
Jim Hicks asked about safety and liability issues.
Wayne Orr stated that the individual will not be selling along the highway. Resolution No. 2010-12-10
Moved by David Halin
Seconded by Larry York
That Council support a young entrepreneur, whose sales will be limited in scope and area of sales, by approving this license and charging a fee of $50.00. Carried.
(d) Report from Anne Levac, Planning Assistant, re: Assumption of Road Widening Del Stowe wanted to ensure that the township is regularly requiring road widening.
Mayor Uavisun confirmed that it is being required on a regular basis. (See By-law 2010-25)
(e) Report from Wayne Orr, Clerk Administrator, re: Collective Bargaining Policy Wayne Orr explained that this is establishing a policy for the process of negotiations.
Jim Hicks asked when negotiations will begin with the union.
Wayne Orr stated that it has been suggested in the fall but that he would prefer to start the process sooner. Resolution No. 2010-12-11
Moved by Larry York
Seconded by David Hahn
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April 6th, 2010
That CuuncU^adupts the “Collective Bargaining Policy” as presented in the report from Wayne Orr, Chief Administrative Officer, dated April 1st, 2010. 8.
Carried.
By-laws Resolution No. 2010-12-12
Moved by David Hahn
Seconded by Larry York
THAT the following by-laws be given first and second reading: . . . .
By-law 2010-21 By-law 2010-22 By-law 2010-23 By-law 2010-25
Carried.
(b) By-law 2010-22 Resolution No. 2010-12-13
Moved by Larry York
Seconded by David Hahn
That By-law 2010-22, being a by-law to amend By-law 2003-75, as amended, to rezone lauds from Rural (RU) Zone to Limited Service Residential-Waterfront
(RSLW) Zone; Part Lot 4, Concession XIII, District of Bedford, be read a third time, signed and sealed.
Carried.
(c) By-law 2010-23 Resolution No. 2010-12-14
Moved by David Hahn
Seconded by Larry York
That_ By-law 2010-23, being a by-law to amend By-law 2009-73, being the Development Charges By-law, to add Recreation into Schedule “B” and to further
divide the allocation of revenues from Public Works into Roads and Bridges aud
Equipment, be read a third time, signed and sealed.
Carried.
(d) By-law 2010-25 Resolution No. 2010-12-15
Moved by Del Stowe
Seconded by Bill Robinson
That By-law 2010-25, being a by-law to assume Part 6 on Plan 13R-137389, Part 3 on Plan 13R-19195, Part 3 on Plan 13R-19791 and Parts 3 «& 4 on Plan 13R-19785
as common and public highway, be read a third time signed and sealed. Carried. 9.
Reports for Information
(a) Report from Liudsay Mills, Planning Coordinator, re: Consent Applications to create ten residential lots, requirement for studies - Portland District
Lindsay Mills explained that the Planning Department received 10 applications for consent on Holleford Road in close proximity which is similar to a subdivision proposal. He referred to the study conducted by Trow Associates on ground water conditions in 2007 which identified areas of groundwater
vulnerability in terms of water quality and quantity. The subject consent applications are in an area classed as “very highly sensitive”. He explained that there is the potential for well contamination with ten wells and ten septic systems being constructed in close proximity. He noted that Alan Revill, Chief Building
Official has identified some concerns with standing water and concerns with respect to drainage. He explained that at the Committee of Adjustment had deferred the applications at their March meeting as comments from the Health Unit had not beeu received but since then comments have been received and
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April 6th, 2010
7
there arc not concerns. He stated that the township would be at risk in the future
:f..s,o"le=B"e-.waLildversely affectetl by the water 1uauty-^ suggested-tha7the township require a private services impact study. He noted that the Conservation
Authority has a,ree<,_.ith requiring this-study. The Minis^of-th;
Environment agreed with the water concerns but felt a site bv site evaluation for nitrates and site specific septic systems was adequate.
B-ilI.?o!?/Ilsou f!lt th?t sincethe 90mlllittee of Adjustment had approved these a-I!l?Iicalions.in.M^chl.an?,th-at.tlYire-are lots ofways to improve the quality of
water. He asked if the Health Unit had any objections.
Liudsay Mills stated that the Health Unit was concerned with the location of of the lots which has now been slightly relocated.
one
tarry York agreed with Bill Robinson’s comments.
David Hahn _ stated that the Committee of Adjustment has ignored the
recommendations from the Planner as well as the requirements ofihe Official
Plan.
Del Stowe stated that Council can appeal a decision of the Committee of the Adjustment.
(b) Report from Wayne Orr, CIerk-Administrator, re: I<FL & A Public Health, Part 8 Services
Wayne Orr referred to his report with respect to the rationale and the new structure fee that the Health Unit will be charging for this service.
John Fillion asked if there had been any training sessions for the Building Department.
Wayne Orr responded that no training has been done as yet and give the cost the department was waiting for direction from Council.
John Fillion felt that the township should be getting copies of these reports from the Health Unit and that their fees are unreasonable.
Del Stowe staled that the township would not want the liability of providing these inspections.
John Fillion felt that the cliche of liability is lame as the liability belongs to the installer.
Mayor Davisou reminded Council that the township asked the Health Unit to reconsider their decision to provide this service.
Del Stowe stated that retraining will soon be required and that there will be additional training involved. 10.
Information Items
(a) Scan Watt, P. Eng. Water Resources Engineer, Cataraqui Region Conservation
Authority, re: Sydenham Lake Water Budget/Stress Assessment Work Drinkiug
Water Source Protection
(b)
James Mulder, 2320 Sands Road, re: supporting comments to Sands Road Residents Association presentation to Council on March 16th, 2010
Mayor Davison stated that there still has not been any official application filed
with the township.
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8
- New Business
(a)
Lan7 York staled that he has feceived numerous calls regarding the
construction on Loughborough Lake Bridge. He stated that he had" talked with the contractor and that there will be one’way traffic, boat access will still be permitted and water levels will remain the same.
Wayne Orr reminded Council that questions like these should be channelled
through the Public Works Manager and that going directly to the contractor not necessary.
(b)
Jim Hicks referred to a comment made by the Mayor at the Committee of the
Whole meeting with respect to blind mice. He felt that name calling was not very professional.
Mayor Davison stated that he had apologized and we are moving on.
(c) Bill Robinson complimented the Public Works Department on the work being done at the Keeley Road site. He stated that he has received positive comments
about this.
MarkSegsworth stated that this set up is working fairly well and that they will be trying to replicate this same approach at all the yards. (d)
BillRobiuson asked if a fire ban had been put in place over the Easter long weekend.
Del Stowe stated that normally Council receives a fax notification if a ban is put into place.
David Hahn referred to hvo separate fires ou Canoe Lake Road. Mayor Davison confirmed that there had not been any ban but noted that the Fire Department had numerous calls over the weekend.
(e) John FiUion questioned the budget and when had Council voted on the hiring of another Building Inspector.
Mayor Davison stated that it had been part of the budget package and asked the CAO to respond.
Wayne Orr explained that this matter will be brought back to the next Committee of the Whole in a report.
Del Stowe stated that by having a second building inspector would help with the need for a facility manager. John Filliou asked where the 1.98% increase comes from.
Wayne Orr explained that there is no decision made yet and no by-law has been passed to confirm this. (f)
Bill Robinson referred to the Mayor’s comments from the previous meeting. He stated that while the paper did not give names, reference was made to Portland and Storrington councillors. Mayor Davison stated that he had not named names.
m
Del Stowe reminded Council that Pitch-ln week begins April 191h and garbage bags will be available at various locations for residents to pick up.
- Committee Minutes
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April 6th, 2010
A^ILMCf?ail,refeITed .to the Arena Board report and asked if there were any additional fundraising plans.
Del Stowe stated that there are ongoing plaus such as golf tournaments, dances and other events
Resolution No. 2010-12-16
Moved by Del Stowe
Seconded by Bill Robinson
THAT Council receives the Committee minutes of various Township Committees of Council as presented at the Aril 6th, 2010 meeting: .
Minutes of ththe South Frontenac Recreation Committee meeting held January 20"’, 2010
.
Fronteuac Community Arena - Project End Zone - Financial Report Update
Carried.
In-Camera Resolution No. 2010-12-17
Seconded by Del Stowe
Moved by Bill Robinson th
That the Council meeting of April 6 , 2010 move in-camera to discuss matters Carried. related to personnel, property matters and litigation. Resolution No. 2010-12-18
Moved by Bill Robinson
Seconded by Del Stowe th
That the Council meeting of April 6 , 2010 move out of in-camera. Carried. 14. Confirmatory By-law Resolution No. 2010-12-19
JVloved by Del Stuwe
Seconded by Bill Robinson
THAT By-law 2010-24, a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be read a first and second time this Carried. 6th day of April 2010. Resolution No. 2010-12-20
Moved by Del Stowe
Seconded by Bill Robinson
THAT By-law 2010-25, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be read a third time and finally Carried. approved this 6th day of April 2010. 15. Adjournment Resolution No. 2010-12-21
Moved by Bill Robinson
Seconded by Del Stowe
THAT the Council meeting of April 6th, 2010 be adjourned at 8:40 p.m. Carried.
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