Council Minutes

Special Session – August 22, 2007

(These minutes will require approval/adoption at the next regular session of Council, scheduled for September 10, 2007)

Council met in special session, Wednesday August 22, 2007 at 5:00 p.m. at the Oso Community Centre, Sharbot Lake.

Present:            Mayor, Janet Gutowski

                        Deputy Mayor, Bill Snyder

Councillors: Normand Guntensperger, Bob Harvey, Jeff Matson, John Purdon, Frances Smith, Gary Smith, Phillip Smith

Staff in attendance: John DuChene, Acting Clerk-Administrator, Cathy MacMunn. Also present: Craig Bakay – Gazette Reporter and Jeff Green – Frontenac News Reporter

The special session was called to order. The purpose of the meeting was to address there items of business: (a) site plan control associated with the proposed development of a concrete operation by 1000 Island Concrete, (b) Oak Flats Road, Tender Award and (c) Mountain Grove Fire Hall, Tender Award.

#329            Frances Smith, Jeff Matson

That the agenda for the Special Session of Council for August 22, 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.

Glenn Tunnock of Tunnock Consulting was then introduced. Mr Tunnock provided an overview (with power point presentation) of Site Plan Control provisions available to Council under the Planning Act.

It was noted that approximately 3 acres of the 17 acres owned by the developer Mr. Castle is being proposed for rezoning and that this area is located fairly central within the larger parcel. The area to which site plan control would apply is to the area being proposed for rezoning (3 acres).

Mr. Tunnock noted that once a site development plan for the subject area is finalized, the provisions and conditions are then incorporated within a site plan agreement which becomes a legal document between the owner and the municipality and is registered on title. The municipal solicitor prepares the final documents.

The circulation of a proposed site plan for the purpose of obtaining public input is at Council’s discretion; i.e., it is not a stated requirement under the Planning Act. However, public input is often sought by municipalities.

Mr. Tunnock outlined those aspects of site development that can be controlled through site plan agreement and those areas that can not be controlled. For example site drainage, landscaping (buffering) and general layout of the site can be controlled but specific building designs/colours/sidings etc. can not be controlled at this time through a site plan control agreement.

Questions were then entertained from Council.

Councillor Guntensperger asked how various environmental issues were being addressed through site planning. Tracy Zander of McIntosh Perry (consultant for the developer responded). It was noted that the Ministry of Environment has been contacted on several site development matters. The only item at this time that requires a Certificate of Approval (C of A) relates to air quality. It was noted that an application for this item has been submitted.

Site drainage is being addressed through site grading and storm water management plan.

The storm water management plan is currently under review by Quinte Conservation.

It was noted that drainage from the site would not be significantly different from what currently drains from the site.

Other features, including provision of a vegetated berm to help screen the development from highway #7 were discussed. The berm will be about a metre in height and will be planted with native white cedar.

Councillor Purdon asked if the development area could be pushed back farther from the highway. It was noted that the developer was attempting to utilize the existing concrete pad which is on site and this is impacting facility location.

Other points raised by Ms Zander included; the site will have no permanent washrooms; the proposed development, in her opinion, is not “exceptional” in terms of other land-uses associated with highway #7; a traffic study has been accepted by MTO for the site and both building and entrance permits have been submitted to MTO for approval (she noted that the site will be restricted to one entrance only and that a turn-off lane will need to be constructed).

Mr. Castle then presented a series of slide to illustrate operational aspects of the proposed facility. The slides included pictures of the trucks being loaded, the scale of the aggregate piles; the methods to be used to add materials and water to each truck etc. There were also slides illustrating how over time, cedar trees will provide an appropriate screening of the operation. The only equipment that will remain somewhat visible from the road will be the vertical gravity feed water tower which will be about 50’.0 in height.

It was noted that a new well has been located on site and the old well has been decommissioned.

Councillor Purdon then questioned the possibility for winter salt damage on the proposed tree hedge. It was suggested that effort should be made to ensure the trees become well established.

Maintenance of the landscaping features was then discussed. The developer indicated that he did not believe maintenance was a site plan control requirement at his Brockville location.

Washing of the vehicles and cement auger were then discussed. It was noted that most of the auger washing will occur at the construction site where the concrete is being used. However there will be some washing done at the site under discussion. It was estimated that between 75 and 100 litres of water would be used to clean the auger and this would be done using a garden hose.

Small amounts of concrete residue which would be created from time to time on the proposed site was then discussed. Mr. Castle pointed out in one of his slides the type of material that would be created and he acknowledged that this material does accumulate over time and will need to be removed from site. He indicated that this surplus material can be shoveled and makes a good “road patching” material which is actually quite popular at his Brockville location; i.e., it is picked up for free by area residents.

He pointed out where such materials would be stored on site and agreed that removal would be provided as required.

Mr. Tunnock then introduced the idea of establishing small settling ponds on site to ensure only clean water drained off-site. Mr. Castle agreed that a concrete collector/pad could be constructed in association with a series (3) small settlement ponds to ensure on site drainage would be controlled and contained, if such a safeguard was requested.

Mr. Tim Trustham from Quinte Conservation was then requested to make comment and to respond to various questions. Generally the Conservation Authority had no objections to the proposed facility although the storm water management plan was still under review. He did point out that the CA has requested a shortening of the proposed berm on the north-east corner of the site as the berm would be encroaching on an identified wetland area. Mr. Trustham then noted that the conservation authority would like to see the final site plan once discussed alterations have been incorporated in the proposal.

Councillor Gary Smith then asked Mr. Tunnock if all approvals or indications of support related to site development have been obtained in writing from MOE and could these materials be copied Council. Mr Tunnock indicated that such communications were in place and would be made available to Council.

The Mayor then asked if there were any questions from the public in attendance.

Mr. Bill Vanvugt an adjacent landowner pointed out that there were a couple of culverts under highway #7 that contributed water flows to the wetland areas located on the north side of the highway and that the wetlands certainly fluctuates in water level after storms as a result of the flows through these culverts and therefore he urged Council to ensure on site containment of run-off would be a requirement/consideration.

Mr David Daszkiewicz noted that in previous correspondence (May 2007) that washing of the trucks on site would not be required, but now it appears that some washing will occur on the subject property; e.g., washing of the augers. Mr. Tunnock noted that the washing of the augers has now been raised with MOE and this mater will be taken up with this ministry.

Mr. Castle then confirmed that he would construct stand alone settlement ponds to collect and contain all on-site water run-off resulting from any washing of the vehicles or run-off associated with and concrete residue that will accumulate from time to time on site.

#330            Phillip Smith, Jeff Matson

That the township planner, in consultation with the municipal solicitor prepare a draft site plan agreement for review by Council to address the various issues raised at the this meeting of August 22, 2007 and further that a draft zoning bylaw be prepared for third reading by Council and that both items are to be considered at the next regular session of Council.

                                                                                                                        Carried

Awarding of the Oak Flats road reconstruction tender was then introduced.

A single bid was received from Crain Construction in the amount of $331,262.90. This amount was negotiated down by staff to $302,762.90. The budgeted amount for this contract was $257,000.00.

#331            Frances Smith, Robert Harvey

That the awarding of the Oak Flats reconstruction project be deferred for one week to enable staff to report on budget implications associated with proceeding with the project.

                                                                                                            Carried

Awarding of the Mountain Grove Fire Hall construction project was then introduced.

The Acting Clerk-Administrator advised Council that the selection process is continuing, however further geo-technical information is being collected and that a decision around awarding the contract should also be deferred one week. In addition, this will provide staff additional time to identify potential cost savings with the preferred contractor and to assess related budget implications.

#332            John Purdon, Gary Smith

That the awarding of the Mountain Grove Fire Hall project be deferred until further geo-technical information for the site is gathered and analyzed.

                                                                                    Carried

The need to hold a special session of Council was then discussed.

#333            Normand Gutensperger, Phillip Smith

That a special Council meeting be held at 5:00 p.m., August 29, 2007 at Mountain Grove for the purpose of discussing the Mountain Grove Fire Hall and Oak Flats Road Reconstruction projects

                                                                                    Carried

There was no further business discussed.

#334            John Purdon, Normand Gutensperger

That this meeting be adjourned.

                                                                                    Carried

The meeting adjourned at 7:45 p.m.