Body: Council Type: Minutes Meeting: Regular Date: September 7, 2010 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council th
September 7th, 2010
Meeting No. 25 Time: 7:00 p.m. Location: Sydenham Present:
Mayor,
Gary Davison
Councillors,
John Fillion David Hahn
Jim Hicks Allan McPhail Bill Robinson Del Stowe Ron Vandewal
Larry York Staff:
Wayne Orr, Clerk-Administrator; Lindsay Mills, Planning Coordinator; Angela Maddocks, Confidential Secretary
Call to Order
Resolution No. 2010-25-01
Moved by Allan McPhail
Seconded by Jim Hicks
THAT the Council meeting of September 7th, 2010 be convened at 7:01 p.m. Carried. 2.
Declarations of Pecuniary Interest
Bill Robinson declared a pecuniary interest with respect to Page 36 of the Accounts Payable Voucher.
John Fillion declared a pecuniary interest with respect to Page 28 of the Accounts Payable Voucher. 3.
Delegations
(a)
Fire Chief Chesebrough - Presentation of 35 Year Long Service Award to Carl Young Fire Chief Chesebrough recognized Carl Young for his 35 years of service to the Fire Department and commended Mr. Young for his dedication to the community. He then presented Mr. Young with his award. Mayor Davison also presented a certificate from the township that recoguizes Mr. Young’s dedication to fire service in South Frontenac.
Public Meeting Resolution No. 2010-25-02
Moved by Jim Hicks
Seconded by Allan McPhail
THAT a public meeting be held to discuss planning matters related to: . Proposed Plan of Subdivision in Lots C, D and H, Plan 50, Part of Lot 3,
Concession IV, Loughborough District - RKR Landholdmgs . Zoning By-law Amendment Z-10/17, in Part of Lots 23 and 24, Concessions HI and IV, Storrington District - 1073650 Ontario Inc Carried.
(a) Proposed Plan of Subdivision - Plan 50, Lots C, D and H, Part of Lot 3, Concession IV - RKR Landholdings
Minutes of Council th September 7UI, 2010
Lindsay Mills referred to the error with respect to the heading of this file
^agenda page which indicated that this was a zoning by-law amendment rather than a plan of subdivision.
Mr. _Milb explained that this proposal is for a hventy residential lot
development of non-waterfront lots and one block of land that wili
S^"^*?^! ?i.se^’-!^dent,ial comPlex co’nprising eight dwelling units.
He noted that the Official Plan directs development withmhamlel~ar:asand
the developer is proposing^ acre lots .ith 90 feet of road froutage: Th; road to be constructed will be approximately 1500 feet in length, 66 feet wide
^l.?^J^;lc^elT.?L?^! ?!^?ad.is b ^hLto townshiP standards the ^ib^y^tu Ruuedge ^^^^ zone. WMle eael. ^sed lot will have its’ own septic system, all lots will be connected into the municipality will assume the maintenance of it. He noted that there is good
municipal water system. He noted that an environmental impact
assessment, a terrain analysis, a preliminary storm water management report and an _archaeological assessment have all been completed and all
concerns have been addressed with respect to these studies. He noted that
there will be another public meeting with respect to the rezoning of the property audthat^ all reports and comments from this meeting’will be submitted _to the County. He stated that the Conservation Authority had
concerns about setback from the edge of the wetland and concerns about the
capacity of the municipal water system to accommodate this development. He added that the Conservation Authority now has no objections. Mr. MUls indicated that he had received letters of concern from neighbouring property owners and read the content of the letters to Council. Larry York asked if all conditions are in place to address the environmental concerns.
Lindsay Mills replied that the environmental study addressed the concerns of the conservation authority with regard to setback from the wetland. As
far as affecting the neighbouring properties he noted that the proposed use is compatible with the existing uses and that all studies support this development.
Allan McPhail questioned the drawing and access to the storm water pond by the township.
Bill Robinson referred to the comments from the CRCA and the capacity of the water system. He stated that it was his understanding that the water system was initially built too big for the area and disagreed with the CRCA
questioning the capacity once this development hooked into the system. Lindsay MiUs stated that the Public Works Manager feels there is still a lot of capacity within the water system to include this development.
Jim Hicks questioned the average frontage of the existing lots along Rutledge Road.
Lindsay Mills measured the frontage on a couple of the lots and noted that they have approximately 75 feet of frontage and are less than one third of an acre which is must less that the size of the proposed lots. John Haney asked where he could view the studies conducted on this
proposed subdivision as he would like assurances about the impact of this subdivision.
Mayor Davison assured Mr. Haney that all of the studies conducted can be reviewed at the municipal office.
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M^’. JIane^. was CODCerned that this development was hinged on misinformation and was not supportive of one acre lots. He noted that the
senior’s accommodation was only penciled in on the drawing. He questioned
the width of the road that is to be constructed. He felt there would need to be a sound screen or barrier along the entrance to the subdivision.
Mayor Davisou noted that Council has the discretion to permit smaller lot
!, w.^ia the hamlet area and that in this case smaller lots are justified as they will be serviced by municipal water.
Lindsay Mills presented the concept for the senior’s structure and felt that it was well thought out.
John_Haney felt that there was a lack of information provided to neighbouring property owners and felt there will be a loss of privacy for residents in this area.
Mayor Davison stated that letters were sent to all neighbouring properties within the required distance that provided information about this proposal. John Haney felt that more notice should be given.
Lindsay Mills explained that notification was given as required under the Planning Act.
Ron Vandewal noted the concern of residents with respect to a sound barrier and questioned what would be required. Lindsay Mills responded that the sound barrier could be in the form of a
berm or plantings or whatever Council requested. Carlos Diaz was concerned about the kind of housing that would be constructed within this subdivision and what affect there might be on property values. Mayor Davison stated that while most new homes are now around 2000
square feet, the minimum requirements of the zoning by-law must be met. Mr. Diaz questioned the size of the seniors unit. Rob Morgan, the developer, explained that the entire seniors unit would be just less than 6,000 square feet.
Lorna Knight felt that the municipality would analyze this development as it relates to cost benefit as it relates to the water system. She felt that this
development would justify what she described as an oversized water plant. She agreed with the report from Reg Genge and the concerns about potential flooding. She felt that the area subject to Hooding exceeded the area indicated on the mapping. She stated that the upper area of this property was recently farmed intensively and advised that the elimination of development in the lower area. Ms. Knight was also concerned about property value and noted that the present view that she enjoys will be
affected if this development is permitted. She referred to the dumping of limestone. She reiterated that she felt this development will not recoup the costs of the water system. She referred to politics and felt that residents can’t make a difference in the outcome of these matters.
Mayor Davison thanked Ms. Knight for her presentation and requested a copy of her presentation to attach to the minutes.
Jerry Nichols agreed with the concerns expressed by Ms. Knight, specifically his present view and how that will be affected. He questioned the size of the
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storm water pond and the over flow. He wanted assurance that there wiU not
?e-a.ny,^a?lagT t,°his property-Hefelt there should be some type of barrier around this subdivision that would be environmentally pleasing.
Doug Prinsen from AECOM noted that the detail design is not yet completed but he anticipated that there will be some type of shrubs or fencing around
the development. With respect to the storm water pond, he noted that if the
sloPe is flat there will not be any fencing but if it is a 5/1 slope then fencing
will be required.
Ron Vandewal suggested that residents look at the storm water pond in the
Victorian Estates subdivision just north of the village.
Del Stowe stated that there has always been a potential for this property to be developed since it is not zoned “open space”.
Lindsay Mills reiterated that the Official Plan directs subdivision developments to the hamlet area.
Kerry Chop asked about the width of the right of way. She expressed concern about the speed on Rutledge Road and fencing alongside her property.
Lindsay Mills explained that the road will be 20 feet wide however the right of way is 66 feet.
Geoff Clarke expressed concerns about privacy and referred to two separate accidents within the past two weeks. He felt that the schools are already filled to capacity and questions the affect this development would have on this. He asked if Council would be responsive to a collective protest from neighbouring property owners and what timeframe exist to do this.
Ron Vandewal responded that appealing a decision to the Ontario Municipal Board is an option as long as there is legitimate reason to appeal. He noted that all agencies have commented on this proposal and the developer will take these into account.
Allan McPhail informed Geoff dark that residents have the democratic
right to appeal a decision and reminded residents that all concerns are taken into consideration. He explained that the township is obligated to provide an opportunity to allow development. He noted that the developer can respond to the concerns addressed. He referred to the City of Kingston and planning issues with Lowe’s.
David Hahn agreed with Ron Vandewal and Allan McPhail’s comments. He stated that Council has no grounds to turn this proposal down based on the studies completed to date. He noted that it would be unlikely that the 0MB would support appealing a decision if Council had already turned it down. Doug Priusen, AECOM took the opportunity to respond to the concerns addressed. He felt that the existing noise from Rutkdge Road is far more than what will come from this development although there is a possibility of a sound barrier along the road entrance. With respect to the type of homes that would be constructed in this subdivision, he noted that the developer is
a builder of high quality homes. He noted that some of the proposed lots will be more than one acre which is larger than most of the existing lots along Rutledge Road.
Mr. Prinsen referred to the comment of Lorna Knight regarding the cost benefit to the municipality he noted that the developer will be contributing to fire and other municipal services.
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^it^.-respe,ct tothe wetland encroachment, Mr. Prinsen reported that another ecological company has been involved in this project for over a year.
He noted that the 2008 flooding had not been seen in thi/area for quite some time and that the flood line mapping indicated once in every 100 years.
There was no knowledge of the reference made to farming; however Mr.
Prinsen indicated that the placement of fill " prohibited. With respect to the fenc;ng concerns he noted that there could be-fencing installed todelimit the subdivision or some type of natural border.
Mayor Davison agreed that speeding is an issue along this corridor.
David Hahn asked if consideration has been give to a turning lane or traffic lights.
Lindsay Mills replied that there is not any plan for a turning lane or traffic lights at this entrance.
Ron Vandewal felt that a turning lane or traffic light should be considered due to the speed limit along this stretch of road.
Loraa-Knight referred to page 13 of the environmental report and felt that the 2008/2009 flooding was much higher than what the mapping indicates. (b)
Zoning By-law Amendment Z-10/17, in Part of Lots 23 and 24, Concessions Ill and IV, Storrington District -1073650 Ontario Inc
Lindsay MUIs referred to his report and noted that this amendment would rezone two parcels of land that were the subject of lot additions and would
require^ 40 metre minimum setback from the high water mark ofInverary Lake. He noted that the applicant is in agreement with meeting the required setback.
David Findlay, representing the Inverary Lake Association, provided comments to Council on this amendment (copy attached to minutes). He informed Council that there is already an appeal submitted to the Ontario Municipal Board. He felt that these two lots are illegal under the terms of the Official Plan and that the retained lot could no longer be developed without a plan of subdivision in place. He recognized that the road closing was approved m principle prior to Mr. Beach applying for severance. He felt this had been faulty protocol and he was also concerned that the minutes did not
reflect the discussions that took place at the Committee of Adjustment meeting with threspect to the issue of setbacks. He challenged the minutes of the June 10 Committee of Adjustment meeting.
Ron Vandewal stated that these severances were for lot additions to existing lots and that no new lots have been created.
Resolution No. 2010-25-03
Moved by Allan McPhail
Seconded by Jim Hicks
THAT an opportunity having been provided to discuss planning matters, the public meeting be adjourned.
Carried.
Resolution No. 2010-25-04
Moved by Jim Hicks
Seconded by Allan McPhail
That Council receives the comments and attachments contained in the
Planning Report dated September I", 2010 and forward the Planning Report dated September I", 2010 including attachments to the County of
Frontenac as the township’s comments on the subdivision proposal by RKR Landholdings
Carried.
Minutes of Council
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th September 7nl, 2010
Approval of Minutes
(a)
Council
Resolution No. 2010-25-05 Moved by Allan McPhaiI
Seconded by Jim Hicks
THAT the Council meeting minutes of August 3rd, 2010 be approved. 6. Business Arising
Carried.
(a) Report from Wayne Orr, Clerk-Administrator, re: Notice of Motion Grandfathering of collection on O’Neil Lane
Del Stowe asked if the RFP provided the list of “grandfathered” lanes.
^T1L°^SS^? ?hat t,he d^ft version included the list of grandfathered lanes in the RFP issued in March; a copy was included with Councir package.
Larry York referred to the O’Neil Lane situation and advised Council that
the garbage had been spread out all over and ripped apart by animals. He talked to Brian Larmon and asked him to determine the number of houses involved. He then discussed this matter with Councillor Fillion to determme the feasibility. He felt that this lane could be grandfathered in as residents
have put money into upgrading the lane and noted that the garbage is being picked up free of charge.
Mayor Davison felt that while the contractor may provide garbage pick up free of charge now, eventually he will want to get paid for the work in the end.
JohnJUUon felt this has been an ongoing matter for over ten years. He stated that he had not seen the RFP prior to discussions, and it was his understanding that contractors are still working based on the old contracts.
Ron Vandewal stated that he had talked to the Public Works Manager about
contractor’s work being based on old contracts and the Public Works
Manager said no they were not.
John Fillion questioned the September 1, 2005 contract and asked if this was
still in effect. He felt that contractors make arrangements that are suitable to all. He_stated that prior to amalgamation if there was enough interest and enough households, the contractor would go down private lanes. Discussions regarding the interpretation of the RFP took place.
John ^ Fillion felt that the RFP was never submitted through the Sustainability Committee.
Mayor Davison noted that the contract clearly states that contractors are not to go down lanes not identified in the RFP.
John Fillion felt he should be representing Storrington.
Del Stowe referredtothe timing of this issue and O’Neil Lane not being included in the RFP. He_felt it was each Council member’s responsibility to review the documents. He noted that if Council is prepared to’open up this issue after the RFP has been issued they had better be prepared to include numerous lanes in Bedford District.
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^a.^?i.?^^^SJ).o^d.!^JO^!l.?i11!0^thatcouncn as a whole has the right to make decisions and not individual Council members as these contracts
are
not with councillors but with South Frontenac. He noted that the “grandfathered” list does not include O’Neil Lane. He felt Council would be in big trouble if other lanes are included as there are other lanes who want
the serviceas well. He agreed that there could be a compromise found with respect to O’Neil Lane.
Allan McPhail reviewed the RFP process. He noted that it had been
presented to Council and accepted and authorization was given to the Mayor
-a^t^.e-<ciA?-t^is/?.a.the contracts- since Council has given authority to two
individuals he felt this motion should have been given after the contracts are signed.
Ron Vandewal noted that District Councillors try and deal with issues within their own district however they can’t make a decision on their own. He noted that Cliffside Lane should be removed from the list as it has now been assumed by the township. He felt the safety issue at the end of O’Neil lane
cau be addressed however he recognized that not all parties agree with the .
compromise.
John Fillion suggested getting a legal opinion on this matter. Mayor Davison responded that the RFP was based on a committee recommendation.
Larry York stated that 21 lanes are serviced at this point and 9 seasonal
lanes. He agreed that this matter had not been approached in the proper manner and if Council took the time, this would be addressed.
Mayor Davison stated that he has already been approached by a Bedford resident who has requested the same consideration that is given to O’Neil Lane.
Bill Robinson asked if council can supersede an existing contract. Larry York questioned the policy on the criteria for improving private lanes. Mayor Davison explained that the township has a policy on private lane standards.
Ron Vandewal commented that if this motion was turned down, then
residents can meet with the Public Works Manager to find a compromise. John Fillion requested a recorded vote. Resolution No.02010-25-06
Moved by John Fillion
Seconded by Del Stowe
That Council agrees to grandfather the collection of garbage and recycling on O’Neil Lane.
Defeated.
RECORDED VOTES YES NO ABSTAIN J. Fillion D.Hahn J. Hicks A. McPhail
YES NO ABSTAIN B. Robinson D. Stowe R. Vandewal L. York G. Davison
Minutes of Council
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th September?“1, 2010
(b) Report from Wayne Orr, Clerk Administrator, re: Notice of Motion Rider
B111 Robmson withdrew his notice of motion with respect to the following resolutions. Resolution No. 2010-25-07
That Council reconsider the decision on Resolution 2010-23-10 dated July 6,
Withdrawn
Resolution No. 2010-25-08
That Council adopt the recommendations of the Planning Department with respect to Concession 3, Part Lot 19 Bedford District - Rider as follows: .
ThaLtheowners berequir,ed to submit an.aPPUCation for a temporary use by-law to permit theMegal structure for a three yea, period after
which the structure must be removed or the by-law must be renewed .
.
That a building permit be obtained for the deck and any penalties for
the illegal construction be paid That a security deposit in the amount of $2500.00 be submitted to the
Township to be returned in full to the owners after the offending structure is removed
That, if the temporary by-law is defeated, that the deck must be removed immediately.
Withdrawn.
(c) Report form Wayne Orr, Clerk-Administrator, re: Notice of Motion - Fire Chiefs Vehicle
Wayne Orr referred to his report. Mayor Davison asked if Council had accepted the recommendations of the Central Fire Committee.
Wayne Orr confirmed that Council approves a motion that accepts the minutes of the various committees, however this process is not a confirmation of approving any recommendations within those minutes.
Ron Vandewal confirmed that Central Fire had approved this recommendation.
David Hahn felt that the intention is for the vehicle to be marked as citizens
have a right to know that a township employee is entering their property. Allan McPhail felt there were two issues at hand. He was not sure of the reasoning behind the initial decision however he felt that 8 months after the
fact Council should not be debating this issue as they should have realized what Council was inadvertently agreement with. He felt there should be some indication that the vehicle belongs to the township however he had not problem with this truck not having the roof lights. He felt that if there were
concerns about this issue it should not be discussed during a public meeting. John Fillion felt this was part of the condition of employee with the Fire Chief and is based on the 24/7 rationale.
Ron Vandewal reaffirmed that there are to be no family members or nonemployees in township vehicles.
Larry York stated that he has no problem with the pervious decision of the Central Fire committee.
Wayne Orr reminded Council that employee contracts should be discussed t
m-camera.
Minutes of Council
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th September 7th, 2010
Bill Robinson stated that Central Fire made the decision on the vehicle and he was sticking with his previous decision. John Fillion requested a recorded vote. Resolution No. 2010-25-09
Moved by David Hahn
Seconded by Jim Hicks
That Council direct the Fire Chief to have his vehicle marked as the former vehicle was.
Defeated.
RECORDED VOTES YES NO ABSTAIN J. Fillion D.Hahn J. Hicks A. McPhail
YES NO ABSTAIN B. Robinson D. Stowe R. Vandewal L. York G. Davison
- Reports Requiring Action (a)
Accounts
Ron Vandewal questioned the difference iu hourly charges for grass mowing on page 27 of the voucher as it appears there are different rates
being charged by the same contractor. He felt the description should clarify how many workers are involved in the mowing. Wayne Orr agreed to look into this concern. Resolution No. 2010-25-10
Moved by Allan McPhail
Seconded by Jim Hicks
THAT Council approve the payment of the Accounts Payable Voucher Carried. dated September 2nd’ 2010 in the amount of $1,324,383.05. (b)
Livestock Valuations
Ron Vandewal questioned when the province would take this problem seriously as we continue to have numerous claims.
Wayne Orr stated that the province is reviewing this process. Jim Hicks asked about the criteria used to evaluate lambs as there was
$140.00 and $152.00 awarded separately. Mayor Davison explained that the amount is set by the evaluator and could be based on criteria such as size etc. He suggested that Joe Redden could be contacted to explain the rationale. Resolution No. 2010-25-11
Moved by Allan McPhaiI
Seconded by Jim Hicks
THAT subject to the completion of the required affidavit, that Council approve the following livestock valuations: 1. 2. 3. 4. 5.
NAME
AMOUNT
LIVESTOCK
Irwin Babcook Irwin Babcook Irwin Babcook
$ 1000.00 $ 500.00
Purebred Holstcin Heifer Purebred Holstein Heifcr Purebred Holstein Heifer One Ewe One Lamb
$ 500.00
Fergus Saunders $ 200.00 Martin Oomen
$ 140.00
Minutes of Council
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September 7th, 2010 6. 7. 8. 9.
Martin Oomen
$ 140.00
One Lamb Ram Lamb
Percy Snider $ 152.00 Fergus Saunders $ 600.00
Three Sheep
J. P. Lalonde
$ 140.00
- J. P. Lalonde
$ 140.00
One Lamb One Lamb
- Percy Snider
$ 480.00
J.P. Lalonde
One Limo Cross Steer
$ 140.00
- Percy Snider
$ 200.00
One Lamb One Lamb Carried.
(c) Report from Rick Chesebrough, Fire Chief, re: Renewal of 911 Central Emergency Reporting Bureau Services Agreement Fire Chief Chesebrough explained the significant difference between the
current and proposed contract. The current contract allows for only two
years of record retention while the proposed contract is for five years. The
increase is $360.16. He recommended approval of renewing this contract. (See By-law 2010-64)
(d) Report from Anne Levac, Planning Assistant, re: Assumption of Road
Lindsay Mills explained that this by-law is simply correcting an old by-law
which identified the wrong lot. (See By-law 2010-63)
(e) Report from Anne Levac, Planning Assistant, re: Encroachment Permit
It was reported that the septic system, well and house are on the unopened road allowance and the permit specifies that these will need to be relocated
if the township ever needs to use the road allowance. (See By-law 2010-62) (f)
Report from Mark Segsworth, Public Works Manager, re: Stagecoach Road and Murvale Intersections
Wayne Orr referred to the report and the recommendation made by the Public Works Manager. He noted that stop signs only control the intersection and not the speed.
Del Stowe felt that the four way stop would slow down or deter traffic.
Ron Vandewal felt a study is needed and that the report is contradictory. David Hahn agreed with Ron VandewaFs comments and the need to follow proper procedures.
Mayor Davison explained to Bob BIackadder who was in attendance that
comments should be submitted to Wayne Orr, CAO. Mr. Blackadder’s stated that the prime reason for the petition was to control the intersection of Stage Coach and Railton Roads. Resolution No. 2010-25-12
Moved by Jim Hicks
Seconded by David Hahn
That Council approves the recommendation from the Public Works
Manager that as an interim measure, signage advising of an intersection ahead be installed on the approaches of these intersections and that traffic
volumes and speeds be measured during the month of September to establish appropriate signage at the intersections of Stagecoach Road and
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September 7th, 2010
RaiItoaRoad; Stagecoach Road and Forest Road and at Murvale Road and Forest/Murton Road.
Carried.
(8) ^T.ollfn)m ^Iark segswo)rth’public Works Manager, re: Solid Waste Collection ou Private Lanes - O’Neil Lane
^Tleorl.referred^0 ?e report from the public Works Manager and his recommendation to find a common collection point suitable for residents and the contractor.
?^sit?w.e commented that hopefully we will find a common collection point suitable for all laues and that Council approval is not needed for eveiy fane. Allan McPhail felt it was only reasonable to allow the Public Works Manager to determine these points.
The following resolution was withdrawn following discussions with regard to Agenda Item # 6A.
Resolution No. 2010-25-13
Tl?a.t,.a. c?I?m^l.,,c(!?I5cti011 point for garbage and recyclables can be established for O’Neil Lane at a location that considers safety and efficiency collection.
Withdrawn
(h) Report from Mark Segsworth, Public Works Manager, re: Purchase of land fronting on Desert Lake Road for road construction purposes
^a^e ?^r ^fe.rr!d^t^ rePorts from the Public Works Manager, items #7 _(h), (i), 0) and (k). He explained that these by-laws were “for road
widening purposes with respect to Canoe Lake Road, Desert Lake Road and Battersea Road as previously discussed by Council in-camera.
Jim Hicks_felt there should be a policy in place with regard to the purchase of land as he felt all of these items were different.
Mayor Davison asked that the CAO provide rationale for the difference in these land purchases.
Ron Vandewal commented that the needs of the township and the needs of the property owner always affect the purchase price. (See By-law 2010-67) (i)
Report from Mark Segsworth, Public Works Manager, re: Purchase of land fronting on Desert Lake Road for road construction purposes (See By-law 2010-67)
Report from Mark Segsworth, Public Works Manager, Purchase of land fronting on Battersea Road for road construction purposes (See By-law 2010-67)
(k) Report from Mark Segsworth, Public Works Manager, re: Canoe Lake Road Property Acquisition (Sec By-law 2010-68) (I)
Report from Wayne Orr, Clerk Administrator, re: Delegation of Authority
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September 7”’, 2010
wayn\orr exPlaiued that the delegation of authority is in response to
to the Municipal Act and it is possible that Council could be in ra “lame duck” position.
(See By-law 2010-65)
(m) Report from Lmdsay Mills, Planning Coordinator, re: Request for relief from Parkland Dedication Requirement - District of Storrington Lindsay Mius referred to his report and the request for the waiving of fees. He noted that normally the 5% is based on the raw land when new” lots
created. He noted that Mr. Alexander Sellers has argued that there is an existing house on this property and is therefore already developed. Mr. Mills referred to Section 55 (1) of the Planning Act which allows municipalities to charge the parkland fee and he advised that the township
are
^aiffa^nl;!tsr^caa1lT^u^e’^£M^atsoncohacr^r^^ He “oted that pl g David Hahn felt there is a reasonable argument to charge the parkland fee as there is an mcrease in properties and more services are required. He felt tbat there is no policy in place of how and when the township charges
-al?-ou?!1.th^ planmnsAct permits it-He thought that the township had
waived this fee in the past and felt that there was no new demand for service
in this case. He suggested that staff develop a policy that reflects the various scenarios such as lot additions, new lots and technical severances. He felt
that 5%was not reasonable in this case and suggested $100.00.
Mayor Davison commented that there are two houses ou this property and
that perhaps someone had skipped paying this fee previously.
JT Hicks felt Council should stick to the 5% as we will set a precedent if
the fee is waived this time.
Ron Vandewal felt that the Planning Department should have clear direction on this matter.
Del Stowe questioned the refunding of the three lots where the township just
charged this fee.
Larry York stated that the one house was for the original gatekeeper of this
former estate.
Allan McPhail asked if Council was relying on the Planning Act as our policy. He felt that there should be a policy in place for future requests. Lindsay Mills confirmed that the Zoning By-law allows for this charge. Ron Vandewal felt there should not be any fees waived unless there are extenuating circumstances.
David Hahn felt that since there is no written policy there should not be any change in the 5% parklaud fee on lot additions.
Resolution No. 2010-25-14
Moved by Jim Hicks
Seconded by David Hahn
That Council deny the request from Mr. Alexander Sellers regarding the request for relief from the Parkland Dedication requirement. Carried. 8.
By-laws Resolution No. 2010-25-15
Mmutes of Council
13
th September 7U1, 2010
Moved by David Hahn
Seconded by Jim Hicks
THAT the following by-laws be given first and second reading: . . . .
By-law 2010-62 By-law 2010-63 By-law 2010-64 By-law 2010-65
.
By-law 2010-66
.
By-law 2010-67 By-law 2010-68
.
Carried.
(a) By-law 2010-62 Resolution No. 2010-25-16
Moved by Jim Hicks
Seconded by David Hahn
THAT By-law 2010-62, being a by-law to authorize the encroachment on the
road allowance between Concession 11 and Concession 12, in Lot 22, District ofLoughborough, be read a third time, signed and sealed. Carried. (b) By-law 2010-63 Resolution No. 2010-25-17
Moved by David Haha
Seconded by Jim Hicks
THAT By-law 2010-63, being a by-law to establish Hideaway lane as a public highway in the Township of South Frontenac, be read a third time, signed and sealed.
Carried.
(c) By-law 2010-64 Resolution No. 2010-25-18
Moved by Del Stowe
Seconded by Ron Vandewal
THAT By-law 2010-64, being a by-law to enter iuto an agreement with the Ontario Provincial Police for the provision of 9-1-1 CERB Services, be read a third time, signed and sealed. (d)
Carried.
By-law 2010-65 Resolution No. 2010-25-19
Moved by Ron Vandewal
Seconded by Larry York
THAT By-law 2010-65, being a by-law to delegate authority to the Chief Administrative Officer, be read a third time signed and sealed. Carried.
(e) By-law 2010-66
Allan McPhail questioned the reference to the presentation made during the public meeting with respect to an 0MB appeal and how it might affect this by-law.
Lindsay Mills explained that this property has to be rezoned to proceed with the subdivision plan. Resolution No. 2010-25-20
Moved by Del Stowe
Seconded by Ron Vandewal
THAT By-law 2010-66, being a by-law to amend By-law 2003-75, as amended, to rezone lands from Rural (RU) Zone to Special Rural (RU-45)
Minutes of Council
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September 7m, 2010
?^!L^rl.^°^23 and 24.’ concessiions II][ and Iv> District of Storrington, be read a third time, signed and sealed. (f)
Carried.
By-law 2010-67 Resolution No. 2010-25-21
Moved by Ron Vandewal
Seconded by Del Stowe
That .?y^aw«2,ol(?<!7.bT?J^g a bylaw to purchase various properties as
described in Schedule “A” for road widening purposes within the Township
of South Frontenac, be read a third time signed and sealed. Carried. (g) By-law 2010-68 Resolution No. 2010-25-22
Moved by Del Stowe
Seconded by Ron Vandewal
That By-law 2010-68, being a by-law to authorize the permanent closing of certain portions of the road allowance between the geographic Township of Bedford and the geographic Township of Loughborough, now in the Township of South Frontenac, to declare the foregoing lands as surplus to the municipality’s needs and to authorize the sale of such lands, be read a third time and finally passed. 9.
Carried.
Reports for Information
(a) Review of Snow Plowing at the 9 Fireballs
Jim Hicks stated that he would like this to be brought back with recommendations.
(b) Report from Wayne Orr, Clerk Administrator, re: Emergency Demolition Portland Recreation facility
Ron Vandewal referred to the report and questioned why the other Portland Councillor had not been advised of the situation as he felt this was unfair.
Jim Hicks asked for an update on the work being done and if the proper permits were in place. Mayor Davison confirmed that a demolition permit had been obtained.
Jim Hicks asked if the retaining wall would have to be replaced and if a tender would be required. He felt the building inspector should check out the structure.
(c) Report from Lindsay Mills, Planning Coordinator, re: Subdivision Application and Review Process (d)
Ron Vandewal - fax from Bonnie Denna, re: future of the Frontcnac Flyers Junior “C” Hockey Club Ron Vandewal noted while this is unfortunate and help was provided, but the finances were not in place to keep the club going.
(e) Report from Deborah Bracken, Treasurer, re: 2010 Year to Date Variance Report
David Hahn felt it was difficult to clarify what this report says and felt that there could have been clarification as to what the numbers mean. He felt
that it would have been helpful to have the Treasurer in attendance to answer the questions.
Minutes of Council th
September 7"1,2010
Ron Vandewal felt the report was vague as it did not clarify what was outstanding in the various projects.
?!!.^iwLe^-e^!?l^d^at th!fe[s morcwork to be done in the ]long run if Council requests this information individually.
David Hahn commented that Council used to receive details on construction projects to see if they were on track.
Allan McPhail felt that greater detail to the report provides an opportunity for discussion and an element of education to Council to explain the reports.
Ron Vandewal referred to micro managing.
David ITalin stated that this is no criticism of the Treasurer just that more details would be helpful. (f)
Report from Lindsay Mills, Planning Coordinator, re: Illegal Deck, Part Lot 19, Concession 3, Bedford District - Rider
- Information Items
(a)
Susan Beckel, Deputy Clerk, County of Frontenac, re: Frontenac Accessibility Advisory Committee Update
(b)
Ric McGee, Mayor, City of Kawartha Lakes, re: response to the Township of South Frontenac’s letter of support - Polluter Should Pay
(c)
John McDougall, Verona Cattail Festival, re: thanks to Natural
Environment Committee for their contribution to this year’s festival (d)
Jardine Lloyd Thompson Canada Inc - re: The Minimum Maintenance Standards (MMS) are being challenged!
(e)
Premier Dalton McGuinty, re: response to resolution endorsement concerning the City of Kawartha Lakes and a furnace oil leak on private property
(f)
Premier Dalton McGuiuty, re: response to resolution endorsement concerning the Town of New Tecumseth and exemptions from the HST for children’s recreation programs
(g) Caleigh Rutledge, re: recipient of South Frontenac Award and Bursary (h)
Terry Murphy, General Manager, Quinte Region Conservation Authority, re: 2010-2020 to Strategic Plan
New Business
(a) Request from Storrington Lions Club for use of the Fire Department Lighting Unit.
Wayne Orr referred to correspondence from tJie iStorrington District Lions Club requesting the use of the portable lighting system from the Fire th Department on September 18 and 19tn. He noted that there have been
previous strong opinions from Council on the use of this equipment outside of the Fire Department. Ron Vandewal stated that this should be determined by the Fire Chief.
15
Minutes of Council
16
th September 7tl], 2010
?S^ ^Tiis^n^!ke-d !f^tb!Fe was a ?ack up plan if the li8htin8 UIlit was needed while being used for this type of event.
Fire Chief Chesebrough referenced previous Council discussions about the use of this equipment and felt he was not in a position to comment on the use.
Bill Robinson felt it was good public relations to allow the lighting unit to be used at community events.
David Haha asked the Fire Chief if he had any concerns regarding this use.
^°^ .y?iD_dewal felt there sh,ou^ be some disclaimer wlth the understanding that if the equipment is needed for an emergency it will be removed from the site of the event. Resolution No. 2010-25-23
Moved by Bill Robinson
Seconded by Del Stowe
That Council grant the request for use of the fire lighting unit for the Storrmgton Music Fest at the discretion of the Fire Chief. (b)
Carried.
Bill Robinson requested a copy of the report for the Pleasant Valley Municipal Drain as he felt it has not been inspected on a regular basis. Mayor Davison stated that Alan Revill, Chief Building Official is responsible for the inspection of this system.
(c) Bill Robinson was concerned about Council not being kept up to date on the various projects within the township, specifically the work at the site for the hazardous waste depot and the delay in the library. (d)
Bill Robinson referred to a newspaper article with respect to township employees. He felt Council should not have to read about these things in the paper
Ron Vandewal questioned what the newspaper article had to do with Council. Mayor Davison reminded Council that they had been advised of this potential lawsuit in-camera.
(e) Del Stowe asked about the status of illegal dumping. Mayor Davison noted that residents are throwing their garbage over the fence at the Salem Landfill site when it is not open. (t)
John Fillion stated that he is resigning from the Sustainability Committee.
(g)
John Fillion referred to the maps that were included with the garbage and recycling information package mailed to residents and how difficult it is to read. He also felt that Monday pick up for garbage and recycling is a disaster. Larry York felt the mapping was not helpful for anyone who is colour blind.
(h)
Wayne Orr informed Council of a letter of support prepared for Loughborough Inn to enhance accessibility concerns.
(i)
Fire Chief Chesebrough informed Council that the family of the late Dean
Perrett have expressed their appreciation for the support received through this difficult time. Resolution No. 2010-25-24
Moved by Del Stowe
Seconded by Allan McPhail
Minutes of Council
17
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September 7ffi, 2010
That Council agrees to extend the meeting beyond 10:00 p.m. Carried.
- Committee Minutes
^i?.J?lh^?^es!ionedthe July 15tl! minutes ofthe Sustainability meeting
that referred to information sessions that actually took place in August. Resolution No. 2010-25-25
Moved by Del Stowe
Seconded by Bill Robinson
THAT Council receives the Committee minutes of various Township
^omi^^^f^’^i^^^n-sentedatthe 7th, held 2010Julymeettng: Sustainability September Committee meeting 15th, 2010 .
Minutes of the Sustainability Committee meeting held August 24th, 2010
.
Minuter of the Portland District Recreation Committee meeting held July 26In, 2010
.
?Ii^t^^^-Sf-.A^li^ll°^h ^?^trict parks and Recreation Committee meeting held June 28ltl, 2010 Minutes of the South Frontenac Recreation Committee meeting held June 23ru, 2010 Carried.
.
- In Camera
Resolution No. 2010-25-26
Moved by Bill Robinson
Seconded by Del Stowe
THAT the Council meeting of September 7th, 2010 move iu-camera to discuss matters related to personnel, property matters and litigation. Carried. Resolution No. 2010-25-27
Moved by Del Stowe
Seconded by Bill Robinson
th THAT the Council meeting of September 7 ,2010 move out of in-camera.
Carried.
- Sale of Property Resolution No. 2010-25-28
Moved by Bill Robinson
Seconded by Del Stowe
That Council authorizes the Mayor and the CAO to execute the required documents and proceed with the sale of the property for $30,000.00. Carried.
- Confirmatory By-law Resolution No. 2010-25-29
Moved by Del Stowe
Seconded by Bill Robinson
^
THAT By-law 2010-69, a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given read a Hrst and second th Carried. time this 7111 day of September 2010. Resolution No. 2010-25-30
Moved by Bill Robinson
Seconded by Del Stowe
THAT By-law 2010-69, be read a third time, signed and sealed this 7th day of September 2010.
Carried
Minutes of Council
18
th
September 7U1,2010
- Adjournment Resolution No. 2010-25-31
Moved by Del Stowe
Seconded by Bill Robinson
THAT the Council meeting of September 7th’ 2010 be adjourned at 10:52 p.m.
/ YMayor -
Carried
ihistrator
