Body: Council Type: Minutes Meeting: Regular Date: April 19, 2016 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Council April, 19, 2016 Time: 7:00 PM Location: Council Chambers Meeting # 12 Present: Mayor Ron Vandewal, Pat Barr, John McDougall, Alan Revill, Norm Roberts, Mark Schjerning, Ron Sleeth, Ross Sutherland Staff: Wayne Orr, Chief Administrative Officer, Lindsay Mills, Planner, Mark Segsworth, Public Works Manager, Angela Maddocks, Executive Assistant. 1.
Call to Order
a)
Resolution Resolution No. 2016-12-1 Moved by Councillor Sleeth Seconded by Deputy Mayor Sutherland THAT the Council meeting of April 19, 2016 be called to order at 7:00 p.m. Carried
Declaration of pecuniary interest and the general nature thereof
a)
Councillor Roberts declared a pecuniary interest with respect to agenda item 7(f) as an abutting property owner. Councillor Sleeth declared a pecuniary interest with respect to agenda item 5(a) as an abutting property owner
Scheduled Closed Session - n/a
***Recess *** - n/a
Public Meeting
a)
Resolution Wayne Orr, Chief Administrative Officer, announced the procedures for the public meeting that is held on behalf of the County of Frontenac. Resolution No. 2016-12-2 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT a public meeting be held to discuss planning matters related to: Applications for Plan of Condominium and Associated Zoning By-law Amendment, Part Lot 15, 16 & 17, Concession IX, Storrington: Shield Shores Carried
b)
Review of Applications for Plan of Condominium and Associated Zoning By-law Amendment, Part Lot 15, 16 & 17 , Concession IX, Storrington-Shield ShoresDog Lake Subdivision Mr. Mills presented his report on the proposed 18 unit residential plan of vacant land condominium at Dog Lake in Storrington District. The application is also for a zoning by-law amendment to rezone the land for the new residential uses proposed.He noted that Block 19 and 21 would be for water access but would not be intended to include docks or boat launches and the Planning Department is concerned that the proposed access into the narrow bay area
Page 2 of 10 Minutes of Council April, 19, 2016 from Block 19 would introduce too much boating activity in this constricted water-space. Units 10, 11, and 12 have extreme topography and steep drop offs. Mr. Mills confirmed that the hydrogeological peer review report has not been received yet. There is an existing right of way for access which will require an agreement with the existing property owner(s) if it is to become part of Road 1 identified in the plan. Mary Bird has expressed her concern with her access and the right of way, this will have to be addressed by the developer. Councillor Schjerning questioned the impact if no agreement could be reached with respect to the right of way. Mr. Mills replied that the existing right of way can only be removed if the owner agrees to it, thus the easement over these properties may need to remain. Councillor Schjerning was supportive of the 76 metre road frontages and questioned the reduction 91 metres for Unit 1.Mr. Mills explained that this is due to the fact that 2 properties already exist on either side of the 91 metre gap and this situation (the gap) already exists. Deputy Mayor Sutherland asked if Unit 1 currently exists. Mr. Mills replied no, it does not exist however the gap exists and the development is not creating the situation of insufficient frontage, this can’t be changed. He further noted that the frontage would actually decrease as it is measured from point to point with respect to narrow waterbodies. Deputy Mayor Sutherland questioned access from Unit 5 and 7 to the water and if we are creating access to the water and making waterfrontage that is not 150 metres. He was concerned that this sets a bad precedent and would provide easy access to the water. Mr. Mills noted that the Badour Farm subdivision has the same scenario. Deputy Mayor Sutherland and Councillor Revill questioned the “no cut zone” and FoTenn’s reference to 8" cuttings. Mr. Mills explained that this is part of the environmental assessment and the development agreement would use the same language as the site plan which requires the units remain in their natural state near the water. Mayor Vandewal felt Block 19 shouldn’t be there due to the existing narrow waterbody. He noted that there is existing public access to Dog Lake nearby. With respect to the road impact study, he suggested that sidewalks could be considered on Wellington Street for pedestrian traffic into the village of Battersea. Mike Keene of Fotenn, referred to the pictures depicting rugged, steep lots. He stated that they have recommended to the existing property owner to abandon the right of way for a better access road. He noted that there are some revisions to be made with respect to Block 19 and 21, they are fairly flat locations and divided at 1/3 and 2/3 into the development but he agreed that we do not want to overwhelm the narrow water body. Units 15 and 16 may have different lots lines but mostly the development meets and exceeds the contents of the zoning by-law. With respect to trespassing concerns, fencing and/or signage are options depending on the topography. Easements for Units 5 and 7 need to be further discussed with the developer. Mr. Keene noted that Parks Canada like larger parcels of land for common docks and that definitely you would not want a dock on Lot 17. Although there are no docks proposed, this does not mean there will never be any. At this point, there is both good quality and quantity of water and test results should be available in a few days. Mayor Vandewal questioned whether the property is in the hamlet of Battersea as the Official Plan directs development. He noted that there is active farming in the area, noting that good fences make good neighbours. Mr. Mills confirmed that it is 700 metres outside of the hamlet area.
Page 3 of 10 Minutes of Council April, 19, 2016 Councillor Revill questioned the predisinfection of the water supply. Mr. Keene explained that this is a precautionary measure that is putting in a protection for the developer and the property owner. While there is calcium and hard water evident, these are not health issues. Councillor Revill questioned item 7.3 (g) with regard to the removal of trees. Mr. Keene stated that the ecological report should be echoed in this regard. He also noted that in this area of Dog Lake, it is very shallow flooded land. Jeff Peters stated that he is not pro-development. He stated that it seems like there has been lots of subdivision and condominium developments in the last two years. He noted that there are farmers using the roads for access and that these developments increase the road usage and create road safety concerns. He stated that the next steps in the Clean Water Act will be to look at land around pods of houses and that agricultural uses will be infringing upon these regulations. He stated that the Official Plan is to be the bible for planning, however he felt that for the last 15- 20 years there has been strip development along roads, and hasn’t been concentrated to the hamlets. He felt there is a cumulative approval to development and that peer reviews are being used until you get the answer you want. He has studied soil science and that it is impossible for this development not to affect soil and erosion. Dog Lake doesn’t need more negative impact as there is already the blue/green algae on the Rideau Canal. With reference to the watershed studies, he felt it would be impossible for this development not to have a significant impact, Dog Lake is too shallow for this kind of development. He asked Council to consider regard for the constituents long term vision for growth in South Frontenac. Sharon Freeman is not against development but the degradation of property during the process of possible development. She felt that 2 or 3 good storms will wash away what little soil is evident which is a risk for fire. There is no protection in place for world heritage sites and that South Frontenac has no protection in place for the two sites within the municipality. She felt there should be a better balance between development and the environment and to recognize the biodiversity, flora and fauna and to build healthier relationships between human and land. She felt we have failed as a community to be better stewards and that the developer is only doing what he is allowed to do. Mary Bird, one of the existing property owners, is concerned about the septic systems, water,endangered species, less and less wildlife in the area. The brush and trees that have already been cleared has changed her property and privacy as now she can hear and see traffic on Wellington St. It is no longer the same natural environment and the area is now disturbed by traffic and noise. She is worried about the type of septic systems that will be used as there is very little soil depth in the area. She felt there would be better uses for this land. Matt Rennie voiced his concern about agency comments, the possible severances, and information that is not yet available to the public. With respect to vacant land condominiums, he noted that not one has come to life yet. The plan appears to have 2-3 layers of development, is this back lot development? There is a large consensus from the public to protect our lakes and the value they have to the township. He felt the lake impact study is more important than the road impact study. He questioned Section 7.1.1 of the Official Plan and if narrow waterbodies is applicable in this development. He proposed that it is a a shallow water body and felt all the lots should have 150 metres of water frontage. If addressed in the Environmental Impact Study, lots 5 and 7 have a right of way that gives them waterfront access. If the area is truly granite with no soil depth the Official Plan speaks to this with a 90 metre setback requirement.
Page 4 of 10 Minutes of Council April, 19, 2016 Don Roney who owns the property at the northwest corner of the proposed development indicated that lots 2, 3, 4 and 17 all have wet areas and that these lots will drain into the lake. There is a spawning area near lot 12 for suckers and other fish. There are six wells that have already been drilled and have impacted his own well and he questioned what happens when all the lots are developed. He felt it was odd to have waterfront lots with no docks permitted. He agreed with Ms Bird about the impact on animals and snakes. Mayor Vandewal directed those in attendance to the county website and that all questions and comments will be answered by the staff at the County of Frontenac. Wayne Orr advised that the township hosts the statutory public meeting. Jeff Peters felt there should be another public meeting as not all reports are available yet. Mayor Vandewal advised that this will be up to the County to offer another public meeting. Mike Keene noted that if more land is added into the development there will have to be another public meeting. He also noted that the appeal rights are determined by the Ontario Municipal Board. Fran Willes felt another public meeting should be scheduled as there are more agency comments and reports to come. She felt this application is incomplete. Mayor Vandewal reiterated that it was the request of the County to have the public meeting. Sharon Freeman asked about the cutting of tress and when does this restriction come into affect. Mayor Vandewal explained that currently no control is in place, but once a development is proposed there are restrictions in place and development agreements restrict further cutting of mature trees. Deputy Mayor Sutherland questioned the procedural by-law and the opportunity to ask questions of the speakers. Resolution No. 2016-12-3 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT an opportunity having been provided, the public meeting be closed. Carried Resolution No. 2016-12-4 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT Council receive the comments and attachments contained in the Planning Report dated April 11, 2016, defer any decision on the subdivision or rezoning of the property until the comments resulting from the pubic meeting are reviewed and forward the Planning Report dated April 11, 2016 including all attachments and comments from the public meeting to the County of Frontenac. Carried 6.
Approval of Minutes
a)
Minutes of April 5, 2016 Council Meeting Resolution No. 2016-12-5 Moved by Councillor Sleeth Seconded by Deputy Mayor Sutherland
Page 5 of 10 Minutes of Council April, 19, 2016 THAT Council approves the minutes of the April 5, 2016 Council meeting. Carried 7.
Business Arising from the Minutes
a)
Wayne Orr, Chief Administrative Officer, re: Communications Standards Policy Resolution No. 2016-12-6 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT Council adopt the Communications Standards Policy as presented in the April 19 agenda package. Carried
b)
Wayne Orr, Chief Administrative Officer, re: Township of Georgian Bay - “No Wake” Zone Resolution Resolution No. 2016-12-7 Moved by Deputy Mayor Sutherland Seconded by Councillor Revill THAT Council endorses the resolution passed by the Township of Georgian Bay on March 14, 2016 requesting the implementation of legislation that would provide authorities with the ability to enforce a “No Wake” restriction in Ontario’s navigable waters. Carried
c)
Wayne Orr, Chief Administrative Officer, re: Official Plan and Zoning Matters Resolution No. 2016-12-8 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT Council confirm the 3 priorities and associated challenges identified in the Councillor Report dated March 21, 2016 and tabled April 12 AND THAT the CAO be directed to bring forward a report which outlines a potential process to address these issues by no later than the end of June 2016. AND THAT the CAO’s report include estimates of the fiscal and time implications Carried
d)
Wayne Orr, Chief Administrative Officer, re: Organizational Review - Joint Meeting Resolution No. 2016-12-9 Moved by Deputy Mayor Sutherland Seconded by Councillor Revill THAT Council proceed with a May 4 joint meeting of Council and the management team for the purpose of hearing directly from the managers with a focus on solutions to the challenges faced. AND THAT the framework proposed for the meeting by the CAO be accepted. Carried
e)
Wayne Orr, Chief Administrative Officer, re: Notice of Motion-Large Renewable
Page 6 of 10 Minutes of Council April, 19, 2016 Procurement Initiatives Mayor Vandewal relinquished the Chair to Deputy Mayor Sutherland. Resolution No. 2016-12-10 Moved by Mayor Vandewal Seconded by Councillor Sleeth THAT Council endorse the resolution as outlined in the report dated April 13, 2016 regarding future large renewable procurement initiatives. Carried f)
After the resolution was passed Mayor Vandewal resumed the chair. Councillor Roberts removed himself from the table with respect to the next agenda item.
g)
Lindsay Mills, Planner, re: Applications for Plan of Subdivision and Associated Zoning By-law Amendment, Part of Lots 28 to 30, Concession VII, Collins Lake Estates Resolution No. 2016-12-11 Moved by Councillor Revill Seconded by Deputy Mayor Sutherland THAT Council forward the Planning Report dated March 29, 2016, including attachments and comments from the public meeting to the County of Frontenac. Carried
Reports Requiring Action
a)
Accounts Payable and Payroll Listing Resolution No. 2016-12-12 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council receives for information the Accounts Payable and Payroll Voucher dated April 19, 2016 in the amount of $300,350.64 Carried
b)
Lindsay Mills, Planner, re: Application for Road Closure, Part of Lot 24, Concession VI and VII, Loughborough District- Johnston Point See By-law 2016-28
c)
Mark Segsworth, Public Works Manager, re: Tender No. PW-2016-14 New Tires and Repairs Resolution No. 2016-12-13 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council approves the bid of Black Dog Tire for the supply and service of the Township’s tire and repair needs. Carried
d)
Mark Segsworth, Public Works Manager, re: RFP # PW-P02-2016-Supply of Diesel Fuel and Gasoline
Page 7 of 10 Minutes of Council April, 19, 2016 Resolution No. 2016-12-14 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council approves the bid of Rosen Energy Group for the supply and delivery of the Township’s Diesel Fuel and Gasoline for a period of five years. Carried e)
Mark Segsworth, Public Works Manager, re; Road and Lane Standards Resolution No. 2016-12-15 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council adopt the Roads and Lane Standard Cross-Section Policy dated March 17, 2016. Carried
f)
Wayne Orr, Chief Administrative Officer, re: Chief Building Official Resolution No. 2016-12-16 Moved by Councillor McDougall Seconded by Councillor Schjerning THAT Council direct staff to proceed with the recruitment of a Chief Building Official. Carried
Committee Meeting Minutes
a)
Portland District & Area Heritage Society - General Meeting held March 24, 2016
b)
Portland District Recreation Meeting held March 29, 2016
c)
South Frontenac Recreation Meeting held March 21, 2016
d)
Verona and District Health Services Committee Meeting of March 21, 2016 Resolution No. 2016-12-17 Moved by Councillor Schjerning Seconded by Councillor McDougall THAT Council receives for information the minutes of the following committee meetings: Portland District and Area Heritage Society meeting of March 24, 2016 Portland District Recreation Committee meeting of March 29, 2016 South Frontenac Recreation Committee meeting of March 21, 2016 Verona and District Health Services Committee meeting of March 21, 2016 Carried
By-Laws
a)
By-law 2016-27 - Committee Appointment Resolution No. 2016-12-18
Page 8 of 10 Minutes of Council April, 19, 2016 Moved by Councillor Roberts Seconded by Councillor Barr THAT the following by-laws be given first and second reading: By-law 2016-27 By-law 2016-28 Carried Resolution No. 2016-12-19 Moved by Councillor Seconded by Councillor THAT By-law 2016-27, being a by-law to amend By-law 2014-71, appointing Council members to various boards, committees and associations, be given third reading, signed and sealed. Carried b)
By-law 2016-28 - Close Unopened Road Allowance Resolution No. 2016-12-20 Moved by Councillor Roberts Seconded by Councillor Barr THAT By-law 2016-28, being a by-law to stop up, close and sell a portion of an unopened road allowance between Concession VI and VIII, Part Lot 24, Loughborough District, be given third reading signed and sealed. Carried
Reports for Information - n/a
Information Items
a)
Around the Rideau Newsletter
b)
Robert Charest, Trail Committee Member Report - April 2016
c)
John Johnston, Broker, Manager, Bowes & Cocks Ltd, re: Road 38 Intersections in Harrowsmith
d)
Douglas Farquhar, re: Collins Lake Proposed Subdivision
e)
Kathryn & Norman Dobney, re: Collins Lake Proposal
f)
Nick and Christine Adams, re: Collins Lake Subdivision Proposal
g)
Kasia Staszak, re: Collins Lake Proposed Subdivision
h)
Rebecca Creasy-Buchner, re: Collins Lake Proposed Subdivision
i)
Ted & Elizabeth Lang, re: Collins Lake Proposed Subdivision
j)
Walt Sepic, re: Collins Lake Proposed Subdivision
k)
Karyn McLean, re: Collins Lake Proposed Subdivision
l)
John & Martina Wright, re: Collins Lake Proposed Subdivision
m)
Jack Staszak, re: Collins Lake Proposed Subdivision
Page 9 of 10 Minutes of Council April, 19, 2016 n)
Bruce Pritchard, re: Collins Lake Proposed Subdivision
o)
Micki Mulima, Sharon Titley and family, re: Collins Lake Proposed Subdivision
p)
Councillor Sutherland, re: Collins Lake Proposed Subdivision
q)
Gerry & Bonnie Henderson, Herman & Mady Schafer, re: Collins Lake Subdivision Proposal
Notice of Motions
a)
Deputy Mayor Sutherland served notice of motion regarding the procedural bylaw and the opportunity for Council to ask deputants questions of clarification.
Announcements
a)
Councillor Sleeth advised Council of an offer to donate land to the township. It was agreed that a meeting with the property owner to view the parcel should be arranged. Wayne Orr agreed to consult with the Treasurer on how to evaluate the land and the potential for a donation tax receipt.
Question of Clarity (from the public on outcome of agenda items) - n/a
Closed Session - n/a
Confirmatory By-law
a)
By-law 2016-29 Resolution No. 2016-12-21 Moved by Councillor Barr Seconded by Councillor Roberts THAT By-law 2016-29, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given first and second reading this 19 day of April 2016. Carried Resolution No. 2016-12-22 Moved by Councillor Roberts Seconded by Councillor Barr THAT By-law 2016-29, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given third reading, signed and sealed this 19 day of April 2016. Carried
Adjournment
a)
Resolution Resolution No. 2016-12-23 Moved by Councillor Barr Seconded by Councillor Roberts THAT the Council meeting of April 19, 2016 be adjourned at 9:10 p.m. Carried
Page 10 of 10 Minutes of Council April, 19, 2016
Ron Vandewal, Mayor
Wayne Orr, Chief Administrative Officer
