COUNCIL MINUTES

NOVEMBER 11, 2002

Council met in regular session on Monday, November 11, 2002 at 7:00 p.m. at the Library Building, Mountain Grove.

Present

• Mayor Bill MacDonald
• Deputy Mayor Jack Nicolson
• Councillor Marsden Kirk
• Councillor Boyce Peters
• Councillor Elva Price
• Councillor Faye R. Putnam
• Councillor Frances Smith
• Councillor Bill Snyder.

Absent

• Councillor Bob Harvey

Also in attendance Heather Fox - Clerk Administrator, Sandra Clow - Clerical Assistant, Jeff Green - Frontenac News Reporter and Craig Bakay - Gazette Reporter. Cathy MacMunn - Planning Coordinator attended for the public meeting portion.

No members of the public attended other than those attending the public meeting for the Garrison Shores Draft Plan of Vacant Condominium.

Mayor MacDonald opened the meeting by welcoming everyone and explained that this is a public meeting held under the authority of Section 51 of the Planning Act and that this meeting was also advertised in accordance with the requirements of the Planning Act. He went on to explain the purpose of the meeting, is to consider an application for a Condominium known as Garrison Shores and that Glenn Tunnock, our planning consultant will make a presentation on the proposed plan of condominium and following his presentation, anyone who wishes to speak in favour of, or contrary to the proposed application will be given the opportunity to do so. Prior to you making your comments, that you provide your name and address to the Clerk. I am required by the Planning Act to advise you that if you do not make an oral or written presentation today, the Ontario Municipal Board may deny you the right to a hearing should you choose to appeal.

Mayor MacDonald then turned the meeting over to Glenn Tunnock.

Mr. Tunnock gave an overview on this application and explained that this was initiated by the Garrison Shores Owners' Association to regularize a long-standing situation and that they are trying to resolve matters of ownership, on-site servicing and other planning related matters that date back to the 1980's in the former Kennebec Township. Since, then the Township of Central Frontenac has adopted and received approval for a new Official Plan, and has enacted a new comprehensive implementing Zoning By-law, which is now in force. The proposed development has a total of 61 units on Garrison Lake of which 17 are waterfront and 43 are inland lots. He explained that a recommendation will go forth to the Frontenac Management Board asking for a 15-metre setback from shoreline, that the roads be properly maintained so that they are passable for emergency vehicles at all times and that the zoning by-law be rezoned site specific to limit the number of residential units to a maximum of 61.

Mayor MacDonald then asked if anyone from the public had any comments.

Jim Davidson - Legal counsel for Garrison Shores Owners' Association mentioned that they have no concerns with Glenn's report and in fact are in favour of his recommendations.

Jeff Dubois - Felt that they should bring their proposal first rather than those objecting. He said his position is stated in his proposal that is in front of council.

Gerald du Plessis was going to summarize Jeff's proposal but Jeff came back and went over it himself.

Jeff Dubois - This application attempts to create 17 waterfront lots where none existed before and opposes these lots, and feels that there should be a vegetation buffer zone of 15 metres. He is in favour of the townships' buffer zone in the Official Plan.

Jim Davidson - Buffer zone is achieved by land use policy and won't be affected if it stays as common element or individual but mentioned that it would be easier to control changes if one owner. He feels that Mr. Dubois's concerns are addressed.

Boyce Peters asked if there would be 17 docks in the lake and Jim said there is not suppose to be.

Marsden asked for Glenn's comments.

Glenn Tunnock - Can be achieved various ways, one is to utilize the planning documents:
1) Zoning by-law - can specify that the shoreline setback be a minimum of 15 metres and that it be left in its natural state.
2) Section 41 of the Planning Act - Site Plan Control - the proponent guarantees that certain things are to be done on the property such as buffer, landscape plan, vegetation along the water. The township could insist that the lot lines do not extend to the shoreline.
Glenn mentioned that if council wishes a higher control then he would recommend going with Section 41. This is an existing situation with undersized lots and it would be very difficult to re-design to conform as there are buildings on lots now and that it would be very costly for the owners' association. Glenn feels it is not necessary to extend the lot lines right to the shoreline.

Jim Davidson - A higher level of control is not necessary. These people have gone to great expense and have been working with this for many years and are trying to legalize an existing situation.

Jeff Dubois - Passed around pictures, which showed the property had been clear-cut to the water. He spoke about Section 3.6 - Vegetation Buffer to demand that a setback be created.

Dick Pringle - President of the Garrison Shores Owners' Association - They have been at this for 20 years and it has cost them around ¼ of a million dollars for legal fees and would like to get their deeds and feels that their legal counsel addresses the issues and would like council to consider them in this situation.

Jack Nicolson asked Mr. Pringle how many are in their organization.

Mr. Pringle stated 61 members and only 1 opposed.

Jeff Dubois is opposed to the 17-lakeshore lots.

Mayor MacDonald asked Glenn if we use our Official Plan how can we protect the buffer to stop people from cutting a path to the water.

Glenn Tunnock - If people cut trees within the buffer zone they can be prosecuted under our zoning by-law.

Marsden Kirk - The Official Plan allows a 9-metre access to the lake.

Glenn Tunnock - Through zoning amendment we could stipulate 1 public dock and narrow the access window for this development.

Jim Davidson - This could be added to the declaration which they have to comply with.

Jeff Dubois - Allow substandard lots and have a vegetation buffer zone.

The public meeting concluded at 7:30 p.m.

The regular portion of the meeting commenced at 7:30 p.m.

There were no disclosures of pecuniary interest.

The following correspondence and reports were received for information

1. Accountability and the New Municipal Act excerpt from Municipal World
2. Letter from Ministry of Finance on the status of Opportunity Bonds and Tax Incentive Zone initiatives
3. Animal control officer's report
4. By-law enforcement officer's report
5. AMO alert
6. Dog tag sales report

The following resolutions were presented

#440 Frances Smith, Faye R. Putnam
That the agenda of November 11, 2002 be adopted as presented.
Carried

#441 Bill Snyder, Frances Smith
That the minutes of October 29, 2002 be adopted as circulated.
Carried

#442 Frances Smith, Faye R. Putnam
That the following accounts payable be approved: Batch #1179 - $10,737.61; Batch #1180 - $10,986.71; Batch #1181- $1,580.00; Batch #1182 - $16,254.72.
Carried

#443 Frances Smith, Boyce Peters
That the request from the Mississippi Valley Conservation Authority for funding support of their Clean Water Program in 2003 be considered during 2003 budget deliberations.
Carried

#444 Frances Smith, Faye R. Putnam That the letter from Gloria Williams be received and forwarded to staff to investigate the allegations.
Carried

#445 Elva Price, Faye R. Putnam
That the report of the livestock valuer be received and Gordon Crawford reimbursed $250.00 for the loss of a donkey to wolves.
Carried

#446 Boyce Peters, Frances Smith
That the letter from Minister John Baird, Minister of Energy be received for information.
Carried

#447 Faye R. Putnam, Elva Price
That the training session on the New Municipal Act, as it relates to road issues and minimum maintenance standards, offered by Ontario Good Roads Association be attended by Bill Nicol and Heather Fox. Further that the registration fee and applicable costs be paid.
Carried

#448 Boyce Peters, Bill Snyder
That Council reaffirm that the Westgate Road name will remain and that it will not be changed back to Elm Tree Road.
Carried

#449 Boyce Peters, Faye R. Putnam
That the following road name issues be approved as follows:

• Request to have a portion of Northview Lane changed to Harold Love Lane - denied
• Mary Webster Road changed to Webster Road - denied
• Unnamed road leading to Gerald Burke's residence named Clay Creek Road - approved
• Road leading to Dale McPherson's residence named George Road - approved
• Boegel Road changed to Kennebec Road - approved
• Old Mill Road changed to Evergreen Road - approved
• Old Highway 7 changed to Access Road - approved.

#450 Elva Price, Boyce Peters
That the information identified on the agenda as items 9 (a-f) be received for information.
Carried

#451 Boyce Peters, Elva Price
That the meeting adjourn until Tuesday, November 26, 2002 at 9:00 a.m. in Sharbot Lake or the call of the Mayor.
Carried