Body: Council Type: Minutes Meeting: Regular Date: June 7, 2011 Collection: Council Minutes Municipality: South Frontenac
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Document Text
Minutes of Council
June 7th, 2011 Meeting No. 22 Time: 7:00 p.m. Location: Sydenham Present:
Mayor, Deputy Mayor Councillors,
Gary Davison MarkTinliu
John McDougalI Allan McPhaiI Cam Naish Bill Robinson Del Stowe Ron Vandewal
Larry York Staff:
Wayne Orr, Clerk-Administrator, Mark Segsworth, Public Works
Manager, Lindsay Mills, Planning Coordinator, Angela Maddocks, Confidential Secretary 1.
Call to Order
Resolution No. 2011-22-01
Moved by Deputy Mayor Tinlin
Seconded by Councillor McDougall
THAT the Council meeting of June 7th'2011 be convened at 7:00 p.m. Carried.
- Declarations of Pecuniary Interest - nil
Delegations
(a)
Joe Gallivan - County ofFrontenac - Population Projection Numbers Due to technical difficulties, this presentation will be rescheduled.
(b)
Rachel Melnik-Proud, re: Request for Reconsideration - Backyard Chickens
Ms. Melnik-Proud presented to Council her support for permitting residents to have chickens on their property. She outlined the benefits she has experienced with respect to raising chickens from fresh eggs, to nutrient recycling. She requested that Council reconsider the guidelines surrounding this matter. (A copy of her presentation is attached to these minutes) Councillor Stowe stated that he knew of two properties that have less than the required acreage. He commented that the most recent complaint concerning backyard chickens involved more than just the chickens. Lindsay Mills noted that the township does not have the resources to proactively seek out illegal uses and that the township acts on a complaint basis. Mr. Mills confirmed that the most recent complaint involved other animals and more issues.
Councillor Vandewal stated that there is a waterfront property owner who is raising 350 turkeys on less than 3 acres, but there have been no complaints received.
Councillor Robinson agreed that we do not have the resources to be proactive. Councillor York felt there has been a lot of fuss over a few chickens. He
commented that we are a rural municipality and that it is normal to allow this type of use in the country.
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2
June 7th, 2011
Councillor McDougall agreed that this type of livestock is common.
CounciUor McPhail suggested a simple exemption to the by-law that would permit a few chickens on smaller lots and recognized the need for public input on this type of change.
Councillor Naish agreed with Councillor McPhail. He was concerned with the reactive approach concerning illegal uses.
?^^:iD»a^n-t!lTn^e?.I^S’^elmk^ro^d f?r herPreseIltat]ionnotmg that
Council needs more time to discuss this further. He noted that if there
are
changes to the existing by-law there will definitely be a public meeting. 4.
Public Meetingj-nil
Approval of Minutes
(a) Council Meeting
Councillor McPhail requested an amendment to Page 2 of the agenda package with respect to his comments. Resolution No. 2011-22-02
Moved by Deputy Mayor Tinlin Seconded by Councillor McDougall
THAT the Council meeting minutes of May 17th, 2011 be approved as amended.
(b)
Carried.
Committee of the Whole Meeting Resolution No. 2011-22-03
Moved by Councillor McDougalI Seconded by Deputy Mayor Tinlin
THAT the minutes of the May 24th, 2011 Committee of the Whole meeting be approved. 6.
Carried.
Business Arising from the Minutes
(a) Notice of Motion, re: limiting manufacturing and packaging to products that can be recycled.
Wayne Orr, Chief Administrative Officer, noted that this item has been th
brought forward from the May 17 meeting at the request of Councillor Vandewal.
Resolution No. 2011-22-04
Moved by Councillor McDougall Seconded by Deputy Mayor Tinlin Whereas the Province has the authority to introduce measures to control the sale of products in Ontario, and whereas the Province has set waste diversion
rates for municipalities, therefore the Township of South Frontenac requests that the Province introduce legislation that limits the sale of goods sold in Ontario to those which are completely recyclable or compostable and packaged in materials that are completely recyclable or compostable.
Furthermore that this resolution be circulated to other municipalities for their support. 7.
Reports Requiring Action
(a)
Accounts
Carried.
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3
June 7th, 2011 Resolution No. 2011-22-05
Moved by Deputy Mayor Tinlin Seconded by Councillor McDougall THAT_ Council approves the payment of the Accounts Payable Voucher rd dated June 3ra, 2211 in the amount of $986,692.07.
Carried.
(b) Livestock Valuations Resolution No. 2011-22-06
Moved by Deputy Mayor Tinlin Seconded by Councillor McDougaIl THAT subject to the completion of the required affidavits, that Council approves the following livestock valuations: NAME
AMOUNT UVESTOCK
- Percy Snider $ 645.00
One Limo Cross Steer
- Dan Latimer
One Yearling Ewe
$ 200.00
- AIison Downing $ 200.00
One Ram
Carried.
(c) Report from Anne Levac, Planning Assistant, re: Closmg of Unopened Road Allowance
Lindsay Mills referred to this report noting that the public meeting requirement has been met however the survey was not completed at that time therefore the by-law was not approved. (See By-law 2011-34)
(d) Report from Lindsay Mills, Planner, re: review of Site Plan agreement for lands in Part of Lot 4, Concession IV, District of Portland
Lindsay Mills referred to his report and noted the public meeting for rezoning of this property has been held. There were many concerns expressed from the public and surrounding property owners about this use
and noted that a site plan agreement was required to address these concerns. He distributed copies of changes to the site plan which the applicant has requested.
Mr. Mills noted that while the location for the racing was well isolated from the community there has been a lot of public opposition. He noted that there
is also overnight camping taking place which is quite a change to the over all use of this property and felt that the township can’t ignore the comments from the public.
Councillor Robinson felt that most of the problems were when Bill Day Sr. owned the property and that Mr. Day Jr. just wants to do things right. He felt that McGuires were operating the racing events well and that he has not heard one complaint over the years. He only knew of one medical call which was not related to the racing. He noted that the reference to getting water from Millhaven Creek for dust control was inaccurate and that the owner
was drawing water from Hughson’s Pond with approval from the landowner. He suggested a one year trial period as he felt the applicant should be given a chance and that he has cleaned the place up a lot.
Councillor Vandewal commented on the number of events per year. He noted that residents of Havelock were not supportive of the Havelock Jamboree when it started however it continues on an annual basis. He felt
some measures should be put in place for usage as four days a week is a lot.
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4
June 7A 2011
Councillor Stowe suggested that a copy of the site plan agreement be given
to neighbours. He agreed that the hours of operation are too much but felt there should be give and take.
-c-o^n^o!l^ork,com?ellted.th?t ifthere are onlythree maJor races per
year that it was okay if controlled properly.
Councillor McPhaU commented that the concerns regarding noise appear to be the_ central problem. He referred to living close to Sydenham Lake and the noise that carried from boats as well as the Canada Day celebrations. He
agreed that tightening up the permitted uses and hours of this operation
with a one year trial period would be a good approach. He also felt there
^!^s_to^e.?ive and take and felt that e aPPIicant is hoping to continue
with events this summer.
Councillor McDougalI referred to the Verona Community Festival and the Lions Club Jamboree noting that the community is aware of these events taking place in advance whether they wish to participate or not. Deputy Mayor Tinlin stated that noise and dust is still an issue no matter what. He agreed with a trial period but felt the financial investment of the owner needs to be considered as well.
Councillor Naish asked what the restrictions on this property are currently. Lindsay Mills stated that the use itself is not permitted. Residents can use
motorbikes on their own property, but the camping and racing is currently a prohibited use.
Councillor Vandewal suggested that this matter go back to the Committee of the Whole.
Mayor Davison felt this should be deferred as there are too many “ifs” like traffic, policing and noise is always an issue.
Councillor Vandewal suggested that a copy of the site plan be given to both parties for review.
Mayor Davison suggested one spokesperson from each side of the issue. Bill Day Jr. referred to an event he has scheduled for June 18th and 19th.
Mayor Davison informed Mr. Day that under the present by-law this event is illegal. Resolution No. 2011-22-07
Moved by Councillor McPhail Seconded by Councillor York THAT Council does not approve of the site plan and site plan agreement attached to the Planning Report dated June 1,2011 and deny passage ofBylaw 2011-37 authorizing the Mayor and the Clerk to enter into a site plant agreement with the owner of the subject lands.
Tabled
Resolution No. 2011-22-08
Moved by Councillor Vandewal Seconded by Councillor York THAT Agenda Item # 7 (d) be deferred. (e)
Carried.
Mark Segsworth, Public Works Manager, re: land acquisition on Desert Lake Road for road construction purposes
Minutes of Council
5
June 7th, 20 II
MarkSegsworth explained that the acquisition of this property is required to realign and widen Desert Lake Road.
Councillor Vandewal questioned the provision of fencing. councmor Robinson questioned where the money was coming from for this acquisition.
Mayor Davison stated that this acquisition is part of what has been budgeted for the project.
Mark Segsworth reported that construction has commenced and Council required to approve land acquisition.
t
IS
Councillor York asked about the width of this road.
MaA Segsworth compared this road construction to work previously done on Battersea Road which makes the road safer and in conformity with provincial standards.
Resolution No. 2011-22-09
Moved by Councillor York
Seconded by Councillor McPhail
THAT_ Council approves the acquisition of approximately 0.23 acres of
laads_described a. Part of Lot 3, Concession 14, Loughborough, being Part 1,13R-20122, South Frontenac
Carried.
Report from Mark Segsworth, Public Works Manager, re: Tender # 201109 - One (1) Three Quarter Ton Four Wheel Drive Regular Cab Truck Mark Segsworth noted that this vehicle was included in the 2011 capital budget but was upgraded from a half ton and is still within the approved budget amount.
Councillor Stowe asked if this tender was offered to every dealership. Wayne Orr indicated that the tender was advertised in the Whig Standard. Resolution No. 2011-22-09
Moved by Councillor McPhail
Seconded by Councillor York
THAT Council approves the bid of Taylor Auto Mail for the supply of One (1) Three Quarter Ton Four Wheel Drive Regular Cab Truck for a total, excluding taxes, of $29,849.00.
Carried.
g) Report from Mark Segsworth Public Works Manager, re: Tender #2011-07 Purchase of 2011 Model Wheel Excavator
At the request of the Public Works Manager and for further analysis, this report was pulled from the agenda.
(h) Report from Rick Chesebrough, Fire Chief, re: relocation of Primary Emergency Operations Centre
Wayne Orr explained the rationale behind relocating the EOC and noted that JEPP funding has been approved for a generator to be installed at the Sydenham location.
Councillor McPhail questioned the fuel source for the new generator as it made sense to use propaae.
Minutes of Council
6
June 7th, 20 II
Wayne Orr noted that the fuel source has not yet been determined he felt that given the close proximity to the lake, that diesel will not be used
couaci1101’ Vandewal questioned the move and felt the existing EOC was adequate during the ice storm iu 1998.
Mayor Davison_stated that the committee room at the Keeley Road location
was very small and had not been ideal for duration of the ice storm emergency.
Resolution No. 2011-22-10
Moved by Councillor McPhail
Seconded by Councillor York
THAT Council approves the move of the primary Emergency Operations Centre from Keeley Road to the Sydenham location. (i)
Carried.
Report from Wayne Orr, Chief Administrative Officer, re: Selection of Architect for Office Redesign
wayne0’‘r referred to his report and reviewed the process surrounding
this RFP; He Iloted that two firms submitted Proposals and after meeting
with both firms to assess their proposals that Shoalts and Zaback were evaluated higher and also had the lowest bid.
Councillor Vandewal asked if there was any room for adjustment.
Wayne Orr noted that Council will have the final approval. With respect to the fee for the design, construction documents and tendering, if the estimate is over budget the project will have to be scaled down appropriately. Councillor McPhail asked where the input for this redesign is coming from and if there would be any input from Council. He questioned the location of the new Council Chambers.
Wayne Orr explained that staff will have input on the administration offices and Council will have input on the redesign of the Council Chambers. Councillor Vandewal asked if the public will have input. Wayne Orr explained that a view to customer service is one of the identified
parameters to the office redesign. He noted that the design work includes .
proper ergonomics
Councillor McDougall noted that furniture often dictates the design. Resolution No. 2011-22-11
Moved by Councillor Robinson
Seconded by Councillor Stowe
THAT Council awards the contract for Architectural Services for the office redesign to Shoalts and Zaback Architects Ltd; and furthermore that Council authorizes the CAO to enter into a contract for such services with
an upset maximum amount of $40,000.00 plus applicable taxes. Carried.
a)
Report from Ashley Brown, Recreation Coordinator, re: Road Closures for Canada Day Celebrations
Councillor Vandewal noted that the advertising should clearly identify that
there is an alternate boat ramp to be used at the east end of the lake off Wilmer Road.
Minutes of Council A June 7m 2011
7
DePuty Mayor Tinlin commented on the garbage strung all over at The Point Park. Resolution No. 2011-22-12
Moved by Councillor Stowe
Seconded by Councillor Robinson
THAT Council approves the necessary road closure for the duration of the
Loughb<"‘ough c,a,uada Day parade as well as approve the closing of both the ent^ into Memorial Park and the boat–ramp for Canada Day Celebrations. Carried.
Resolution No. 2011-22-13
Moved by Councillor Robinsou
Seconded by Councillor Stowe
THAT Council approves the necessary road closures for the duration of the Harrowsmith Canada Day Parade. Carried. 8.
By-laws Resolution No: 2011-22-14
Moved by Councillor Stowe
Seconded by Councillor Robinson
THAT the following by-law be given first and second reading: .
(a)
By-law 2011-34
Carried.
By-law 2011-34 Resolution No. 2011-22-15
Moved by Councillor Robinson Seconded by Councillor Stowe
THAT By-law 2011-34, being a by-law to stop-up close and sell a portion of the unopened road allowance behveen Lot 6 and Lot 7, Concession 14,
District of Loughborough, be read a third time, signed and sealed.
Carried.
- Reports for Information
(a) Verbal Report from Wayne Orr, Chief Administrative Officer, re: Library Wayne Orr reported that furniture and shelving have arrived. They are
working towards moving during the week of July 4th to July 8th. He noted
that a proposed official opening on July 11th or 12th has been suggested however there will need to be coordination with federal and provincial levels representing the Building Canada Funding. Deputy Mayor Tinlin questioned the advertising of the interruption in services for the library.
Wayne Orr commented that it is the responsibility of the library to advertise the disruption of their services.
Councillor McDougall suggested that the official opening be held in the fall. Wayne Orr stated that he will need to confirm if the “official” opening has to be held before the funding contract ends.
(b) Report from Wayne Orr, Chief Administrative Officer, re: Insurance Renewal
Councillor Stowe questioned the number of years that the tender for insurance is for.
Mmutes of Council th June 7m 2011
8
councillor Vandewal asked why this item was brought to Council given that
there is not time to tender for insurance prior to the renewal time.
^?^! *?^^.?^dLt^^ !s-T^Il?)iIl^chaI.llen8e to fmd staff time to carry out the tendering process on this and other items. 10. Information Items (a)
William, Christopher & Kathleen Beeman, re: MDS Guidelines that prevent building on 4308 Yarker Road
Councillor Robinson stated that in 2010 the property owners were told that
they could never buUd on the property except on the eastern part so they sold the property. Since that time a building permit has been issued for the northwest comer.
Wayne Orr commented that a building permit was issued after the MDS -
minimum distance separation calculation was completed. Mayor Davison stated that there was nothing to stop the Building Department from issuing a building permit.
Councillor McDougall asked if there has been a change in the MDS calculation in the past three years as he thought it used to be 1000 feet but now is a flexible number.
Councillor Vandewal recalled that there has been some change and each animal unit is counted. This change was a result of the nutrient management program.
Wayne Orr suggested that this should be discussed at the next Committee of the Whole meeting when Mr. Mills can be in attendance.
(b) Corporation of the United Townships of Head, Clara & Maria, re: request for resolution endorsement concerning the Municipal Elections Act, Section 80
(c)
J. W. Tiernay, Executive Director, Ontario Good Roads Association, re:
Minimum Maintenance Standards Litigation - Status Report 11.
New Business
(a)
Mark Segsworth, Public Works Manager, reported that the South
Frontenac Household Hazardous Waste facility is now in operation every Thursday from 3:00 p.m. to 8:00 p.m. until the end of October and there is no charge to South Frontenac residents.
Councillor York commended the operation of the facility as he has already utilized it.
- Committee Meeting Minutes Resolution No: 2011-22-16
Moved by Councillor Vandewal
Seconded by Councillor Naish
THAT Council receives the committee minutes of various Township
Committees of Council as presented at the June 7th, 2011 meeting:
.
Minutes of the Loughborough District Recreation Committee meeting th held March 28tn, 2011
.
Minutes of the Public Works Services Committee meeting held April th 15In, 2011
Minutes of Council th June 7m 2011 .
9
Minutes of the Portland District Recreation Committee meeting held March 28th'2011
Carried.
In Camera - nil
- Confirmatory By-law Resolution No. 2011-22-17
Moved by Councillor Naish
Seconded by Councillor Vandewal
??^T %I~-!^i20^1i?8’ £,eing ^ by-I^WJ0 conflrln generally previous actions
of.the,CUUMU^%TownshiPOLS?uthFr»»^be^»Hrst-and
second reading this 7"1 day of June, 2011.
Carried.
Resolution No: 2011-22-18
Moved by Councillor Vandewal Seconded by Councillor Naish THAT By-law 2011-38, be read a third time, signed and sealed this 7th of
June, 2011.
Carried.
- Adjournment Resolution No. 2011-22-19
Moved by Councillor Naish
Seconded by Councillor Vandewal
THAT the Council meeting of June 7th, 2011 be adjourned at 8:17 p.m. Carried.
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Mayor
dministrator
