Cf_council_07-42

Jeff Green | Oct 25, 2007

Central Frontenac Council - Oct. 23by Jeff Green

No singing after 11pm, no barking at all: Central Frontenac considers noise bylaw

“This is a complaint-based bylaw” said Central Frontenac Clerk-Administrator John DuChene after several councillors expressed their concerns about some of the provisions in a proposed noise bylaw under preliminary consideration by council, “It is only when someone has a problem with a certain behaviour that it comes into play.”

The proposed bylaw was brought forward because a persistent dispute over noise this past summer revealed gaps in the existing bylaw. The issue that could not be resolved through negotiation concerned a generator, which someone was running all day and night, to the dismay of a neighbour.

“Our bylaw officer, who works for several municipalities, recommended this bylaw, which is almost identical to the one that is in place in South Frontenac. He says it works well,” DuChene added.

“My own business is at odds with this,” said Councilor Jeff Matson, “It says construction equipment can’t be operated before 7:00 in the morning, but we start at 6:00.”

“A lot of things are prohibited on Sunday,” said Councilor Gary Smith, “which seems rather outdated.”

“No person shall emit, cause, or permit the emission of noise resulting from an act listed herein, and which noise is clearly audible at the point of reception” the bylaw says under the heading General Prohibitions. Among the acts listed under this heading are (h) the selling or advertising by shouting, or loud speaking, and I) the keeping of any animal or bird.

In Schedule 1 of the bylaw, acts which are prohibited at certain times includes “yelling, shouting, hooting, whistling, or singing” which is prohibited between 11:00 pm and 7:00 am, except on Sunday, when is prohibited until 9:00 am.

Council decided to forward the bylaw to its lawyer for comment.

Two CF Council decisions appealed to OMB

The Ontario Municipal Board will hear appeals of two recent decisions by Central Frontenac Council.

The Official Plan and zoning bylaw amendment that was approved for the ill-fated Garrison Shores development will be the subject of one appeal. The harshest critic of council’s decision, Jeff Dubois, told council back in March that he would take them to the OMB, and it appears he has.

The other decision being appealed is the one to grant re-zoning on a property on Highway 7 to allow Thousand Islands Concrete to set up a portable concrete facility.

The hearings are expected in January or February. Thousand Islands Concrete and the Garrison Shores Property Owners’ Association will cover the cost of defending the decisions.

Snow plow tender process fails to yield competition

Last year when Central Frontenac put out a tender for a snowplowing tender on back roads, three companies submitted bids, but they each bid on different roads.

In an effort to solicit competitive bids, the township public works department split up the roads into three areas, and put a three-year plowing contract to tender.

“Six tender packages were picked up,” said township Public Works Consultant Bryon Dawn, “but in the end only three bids were received, and they each bid on a different area, so we didn’t get any competitive bids after all”.

G.E. Matson and Sons received the contract for Area 1 –West, Scott’s Snowplowing and Grass Cutting for Area 2 – Central, and Scott’s Snow Removal and Lawn Maintenance for Area 3 – East.

Councilor Jeff Matson declared a conflict and left the room while the contract was being awarded.

Speed limit signs – Recently, speed limit signs have been posted throughout the township in accordance with a bylaw that was passed several years ago, but until now had not been acted upon. Several complaints have come into the township office that the signs are inappropriate in some cases - 60km signs on roads where 40km or 50km would be more appropriate, for example.

A list of suggested speed limits was presented for council’s consideration. (the list is posted at centralfrontenac.com/yc/township/council/agenda/Scan3699.pdf)

Councilor Frances Smith said she was concerned that if a lower speed is posted on a road, the road will drop to a lower class and will therefore receive less maintenance, particularly winter clearing. Councilor John Purdon said that according to the information he dug up from the Ministry of Transportation “road class is determined by the daily traffic counts on the road, not the speed limit”

“I still think that people know how fast they can go on the roads, or else they end up in the ditch,” Smith said.

“It is always safer to have a speed limit posted that is appropriate,” said Mayor Gutowski.

Many of the smaller roads in the township are not slated to receive speed limit signs, because they are dead end roads, but they might instead be posted with “no exit” signs.

Council decided to circulate the list and consider whether all of the roads are appropriately listed before acting.