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Council Minutes – August 13, 2007
Council Minutes – August 13, 2007
(These minutes will require approval/adoption at the next regular session of Council, scheduled for September 10, 2007)
Council met in regular session, Monday August 13, 2007 at 7:00 p.m. (following the Committee of Adjustment meeting) at the Mountain Grove Hall.
Present: Mayor, Janet Gutowski
Deputy Mayor, Bill Snyder
Councillors: Normand Guntensperger, Bob Harvey, Jeff Matson, John Purdon, Frances Smith, Gary Smith, Phillip Smith
Also in attendance: John DuChene, Acting Clerk-Administrator, Cathy MacMunn, Deputy Clerk, Ian Trickett, Building Inspector. Also present: Craig Bakay – Gazette Reporter and Jeff Green – Frontenac News Reporter
Prior to introduction of the agenda for the regular Council Session, the Mayor called to order a “public meeting” under the authority of Sections 34 and 36 of the Planning Act. The purpose of the meeting was to consider an amendment to the zoning bylaw for the Township of Central Frontenac which would permit a mix of residential and recreational development adjacent to Garrison Lake. Schedule “A” attached to these minutes records the proceedings of this public meeting.
Council then proceeded with the regular agenda following this public meeting.
The Agenda for the regular session of Council was then introduced.
The following additions were requested;
1) That Terry Kennedy, representing the Kennebec Lake Association be permitted to address Council under item 6, Delegations.
2) That the Ontario East Conference be added to item 8, Clerk/Admin.
3) That Fire and Emergency Services be added to item 14, Other Business.
Councillor Phillip Smith then pointed out that certain agenda items were missed (due to time constraints) at the July 9th meeting but were not carried forward on the agenda for this meeting. These items included Municipal Beaches Policy and Dissolution of the 911 Committee. The Clerk noted that these items would be brought forward to the next regular session of Council.
#299 Phillip Smith, Normand Guntensperger
That the agenda for the meeting of August 13, 2007 be adopted as amended.
Carried
Members of Council were then requested to declare any potential conflicts of pecuniary interest regarding council business. There were no declarations of pecuniary interest.
The minutes of July 9, 2007 were then introduced for errors or omissions.
Two spelling errors were noted and corrected (page 2, tailings and page 7, Daski)
#300 Normand Guntensperger, Phillip Smith
That the minutes of July 9, 2007 be adopted as corrected.
Carried
Delegations were then introduced. It was noted that the delegations being made were all in relation to the proposed 1000 Island Concrete proposed rezoning, item 9(a) of the agenda.
Mr. David Daszkiewicz approached Council and expressed several concerns about the proposed rezoning. He is currently developing his property for tourism purposes and believes the proposed industrial use (which would be located adjacent his property) would detract from significantly from his intention to develop a good, affordable tourist attraction (bed and breakfast facility with trails, ponds and hiking opportunities etc.) He indicated that in discussion with staff and in listening to some members of Council that the rezoning is being “pushed through” and bringing retirees to the area was more important/desirable than promoting tourism. He also said that getting information from staff was difficult and that he received conflicting information about the proposed development and process. He then highlighted points raised in correspondence provided by Clark Consulting Services, a firm he retained to review the proposal. (This correspondence dated August 8th was circulated to Council prior to the meeting). The correspondence raised concerns about (a) the process and compliance with Official Plan policies; i.e., the proposed development should be considered a Class 2 Industrial designation rather than a Class 1 (b) Proposed Zoning Regulations, (c) Environmental Concerns (d) Site Plan Concerns and (d) Compatibility. He noted that the planning firm of IBI, Kingston was also contacted and that this firm similarly raised a concern about the appropriateness of the Class 1 Industrial designation.
Mr Daszkiewicz then expressed concern about how approving this rezoning would set a precedent for the area and attract or promote further industrial development along highway 7.
Mr Tunnock was then asked by a Council to explain his recommendation that the subject area be designated as light industrial site versus a medium class industrial site.
Mr. Tunnock said that in his opinion the designation of a light industrial classification is appropriate based upon the relative impacts of the proposed use. In making this recommendation he utilized MOE guidelines and believes the off-site impacts can be managed. He stated that the proposed development represents minimal truck movements, required few employees and utilizes an established highway system. He also noted that it was ultimately Council’s decision on the selected classification.
Mr. Gray Merriam then addressed Council to speak against the proposed rezoning.
He thanked Council for taking more time to consider the matter and for allowing continued input to the process.
His remarks closely followed his submitted brief. Comments included (a) limited economic gains that would be generated by the enterprise in terms of either employment or added property assessment. (b) the impacts of the development must be weighed against the strong tourism character of the region (c) Council approval must be delayed until all environmental issues are adequately addressed and there should be no discretionary exemptions made in this regard, (d) the fact that the developer has spent money in purchasing the site or acquiring equipment etc. should not be a factor (it could be regarded as “administrative blackmail” at either the staff or Council level) and (e) Council should apply the “precautionary principle”; i.e. err on the side of caution where details to make a decision are not clear.
At this point both the Mayor and Councillor Gary Smith expressed concerns about the disparaging remarks and insinuating comments being made about staff and the review/approval process in general. It was requested that such comments either be immediately substantiated or dropped.
Mr. Terry Kennedy then circulated copies of his remarks to Council. He began by stating that he believes the developer, Mr. Castle to be sincere in his comments but that his information needs to be backed-up through appropriate investigation. He concluded his remarks by recommending that any decision be deferred pending the results of satisfactory environment reviews being obtained from the Ministry of Environment.
Correspondence was then submitted by Mr. Kennedy on behalf of Bernie Dertinger a property owner on Kennebec Lake (dated August 13). The Mayor then read the letter for those in attendance. In his letter Mr. Dertinger expressed concerns about the proposed rezoning from both an environmental perspective (water and air quality) and because the proposal is not in keeping with the residential and tourism character of the surrounding area.
In addition to the above noted presentations and correspondence, a letter was also received from the Land O Lake Tourist Association (dated July 30) urging Council to remain sensitive about how one economic business sector – tourism - should not suffer as a result of development in other sectors.
Mr. Castle was then permitted to respond. He emphasized that he had not approached any members of Council about his proposal. He also pointed out that only one staff person (the Chief Building Inspector) had indicated his personal opinion to him that the proposed portable concrete operation would benefit the area.
He then went on to say that his process for making concrete does no use “fly ash” as referenced in the letter submitted by Mr. Dertinger.
The Mayor then recommended that in light of the Garrison Lake public meeting and because of delegations in attendance for the 1000 Island Concrete rezoning issue that By-Law items 9(a) and 9(b) in the agenda be brought forward in the agenda.
Council agreed with adjusting the agenda.
A motion was then introduced
#301 Gary Smith, John Purdon
That consideration of By-Law #2007-234 (1000 Island Concrete) be deferred.
Defeated.
Further comments and suggestions were then exchanged between Council members and Glenn Tunnock. Mr. Tunnock acknowledged that the proposed use of the property might actually fall somewhere between Light and Medium Industrial but maintains that with proper standards and controls the impacts created on site should be very minimal and adequately addressed through a site plan control agreement.
Comments from Quinte Conservation Authority were then introduced. The CA had no objections to the rezoning but would be like to provide input to the final site plan proposals for the site.
It was then suggested that the bylaw only receive 1st and 2nd reading on this date.
Mr. Tunnock advised Council that modifications/improvements could be made to the text of the bylaw between readings. It was requested that the text include specific reference to the need that all environmental approvals must be in place before the “h” (holding) designation can be lifted and site development proceeds.
#302 Robert Harvey, Frances Smith
That By-Law 2007-243 (1000 Island Concrete) being a bylaw to amend By-Law 2002-120 for the purpose of changing an existing General Commercial zone (C) to a Light Industrial Special Exception zone M1-X1-h) be read a first and second time this 13th day of August 2007.
Carried
Council agreed that further consideration of the by-law (Third and Final Reading) would be delayed until after site development matters have been considered. It was noted that a Special Session of Council has been scheduled for August 22, 2007 for the purpose of considering site plan control measures for the property. (This special session will also deal with two other tender award items; Oak Flats Road and the proposed new Mountain Grove Fire Hall.)
The Garrison Lake By-law was then introduced.
#303 Robert Harvey, Frances Smith
That By-Law 2007-244 (Garrison Shores) being a bylaw to amend By-law #2002-120 for the purpose of changing the zoning of certain lands legally described as Part of Lots 17 and 18, Concession 7 and Part of Lot 17, Concession 8, geographic township of Kennebec, now in the Township of Central Frontenac shown on Schedule “A” of the by-law from Rural (R) zone to Waterfront Residential Special Exception Seventeen Holding (RW-X17-h) be read a first and second time this 13th day of August 2007.
Carried
#304 Robert Harvey, Frances Smith
That By-Law 2007-244 (Garrison Shores) being a bylaw to amend By-law #2002-120 for the purpose of changing the zoning of certain lands legally described as Part of Lots 17 and 18, Concession 7 and Part of Lot 17, Concession 8, geographic township of Kennebec, now in the Township of Central Frontenac shown on Schedule “A” of the by-law from Rural (R) zone to Waterfront Residential Special Exception Seventeen Holding (RW-X17-h) be read a third and final time and passed this 13th day of August 2007.
Carried
Unfinished Business/Old Business
Councillor Gary Smith requested that two additional items be added to this report;
(a) winter snow ploughing contracts and (b) vandalism to public facilities.
It was noted that all acts of vandalism are to be reported to the police and that police reports should come back to Council.
#305 Phillip Smith, Normand Guntensperger,
That the Unfinished/Old Business Report dated August 13, 2007 be received.
. Carried
New Business/Reports
#306 John Purdon, Phillip Smith
That the Public Works Report dated August 9, 2007 be received for information.
Carried
#307 John Purdon, Normand Guntensperger
That Council of the Township of Central Frontenac approve the Accounts Payable Reports dated July 6, 2007 - $220,638.27; July 12, 2007 - $285,126.22; July 16, 2007 - $2,400.00; July 26, 2007 - $520,543.87; August 1, 2007 - $625.00 and August 2, 2007 - $375,347.93.
Carried
#308 Normand Guntensperger, Phillip Smith
That Council of the Township of Central Frontenac approve the following reductions of Assessments pursuant to the Municipal
Roll Number 10 390 090 010 25600 (Boismer) in the amount of 100,000 for March 20, 2007 to December 31, 2007 – reason house destroyed by fire, Roll Number 10 39 040 060 10900 (Bush) in the amount of 80,300 for June 5, 2007 to December 31, 2007.
Roll Number 10 39 080 010 20600 (Melnychuk) in the amount of 12,000 for the year 2005 – reason assessment error.
Roll Number 10 39 060 010 19810 (McCullough) in the amount of 133,000 for the 2007 – reason assessment error.
And further that Council approve an adjustment of taxes to be calculated by the tax department for the related period.
Carried
#309 John Purdon, Gary Smith
That Council for the Township of Central Frontenac accept the report of Expenditures and Revenues for the period ending June 30, 2007 for information.
Carried
#310 Bill Snyder, John Purdon
That the Terms of Reference for the Organizational Review dated August 13, 2007 be accepted and further that the Acting Clerk Administrator be authorized to issue a Request for Proposal to qualified consulting firms (in conformity with Municipal Procurement Bylaw 2005-165) with a recommendation for selection at the September 25 Council meeting.
Carried
#311 John Purdon, Bill Snyder
That the correspondence received from Ms. Heather O’Reilly be received and that she be informed about the municipality’s arrangement with the Humane Society regarding the use of live traps for stray cats and further.
That with the assistance of Ms. O’Reilly the municipality will consider Promoting community education regarding the subject of feral cat populations and further,
That no action be taken at this time to introduce a by-law to impose a control of feral cats by the municipality.
Carried
#312 Bill Snyder, John Purdon
That the draft Health and Safety Committee Minutes dated August 8, 2007 be received.
Carried
It was noted that the Fire Department is to be reminded that it is responsible for compliance with Health and Safety Requirements and regular inspections should be made of buildings, equipment and vehicles.
#313 John Purdon, Bill Snyder
That the Waste Management Committee update dated July 3, 2007 be received for information.
Carried
It was requested that the Waste Mgt. Committee consider Burn Barrel issues that have been recently raised. It was also mentioned that any proposed increase in bag tag fees would potentially contribute to more burning of waste and/or recyclable materials.
It was noted that increased fill and additional site grading is required at the Hinchinbrooke Waste Transfer Site.
#314 Frances Smith, Robert Harvey
That the Report of the Annual Memorial day Service, Mountain Grove Cemetery be received.
Carried
Bylaws
#315 Jeff Matson, Gary Smith
That By-Law #2007-245, being a by-law to establish a Central Frontenac Heritage Festival Committee as a Committee of Council, be read a first and second time this 13th day of August, 2007.
Carried
#316 Gary Smith, Jeff Matson
That By-Law #2007-245, being a by-law to establish a Central Frontenac Heritage Festival Committee as a Committee of Council, be read a third and final time and passed this 13th day of August, 2007.
Carried
#317 Jeff Matson, Gary Smith
That the Mayor and Clerk be authorized to sign two separate agreements between David Hoover and the municipality described as part of Lot 18, Concession 8 & 9, being Part 1 on Plan 13R-18841, and part of Lot 18, Concession 8 & 9, being Part 2 on Plan 13R-18841, in the former geographic Township of Hinchinbrooke, now in the Township of Central Frontenac.
Carried
#318 Bill Snyder, John Purdon
That the North Frontenac Arena Reports (Financial Report for June 2007 and Board Minutes dated July 4, 2007) be received.
Carried
# 319 Gary Smith, Normand Guntensperger
That the meeting be extended by 15 minutes to 10:15 p.m.
Carried
# 320 Bill Snyder, John Purdon
That the Council of the Corporation of the Township of Central Frontenac supports AMO’s position to request the province to reunite surface and mining rights on surface-rights only (SRO) properties when requested by the SRO property owner or the municipality.
Carried
# 321 Frances Smith, Robert Harvey
That the Acting Clerk Administrator be directed to prepare a report regarding dissolution of the 911 Management Committee (which exists between North and Central Frontenac Townships).
Carried
# 322 Robert Harvey, Frances Smith
That Council of the Corporation of the Township donate $2,000.00 toward the 2007 Parham Agricultural Fair.
Carried
# 323 Frances Smith, Robert Harvey
That the meeting be extended by 15 minutes to 10:30 p.m.
Carried
# 324 Frances Smith, Robert Harvey
That Mayor Janet Gutowski be authorized to attend the Ontario East Municipal Conference (OEMC) 2007 provided budget is available.
Carried
#325 Gary Smith, Jeff Matson
That the information/miscellaneous correspondence circulated for Council session of August 13, 2007 be received.
Carried
# 326 John Purdon, Normand Guntensperger
That Council move into closed session to discuss a potential litigation matter.
Carried
#327 John Purdon, Bill Snyder
That Council rise and report from closed session.
Carried
There was no report.
#328 Bill Snyder, John Purdon
That this meeting be adjourned until Monday, September 10, 2007 Mountain Grove.
The meeting adjourned at 10:30 p.m.
