North Frontenac Seeks Legal Advice On Assuming Maintenance Of Subdivision

Craig Bakay | Jul 26, 2023

North Frontenac Township Council wants to confer with its lawyer before further considering a request from the Palmerston Highlands Owners Association to take over maintenance of the roads in its subdivision, which the Association says are owned by the Township.

The request came at North Frontenac’s regular Council meeting July 20 in Plevna.

Representing the Association, Tom Hauschild said they were at Council to have them agree in principle to take over responsibility for the maintenance of a bridge and five roads that would total 0.74 per cent of the total length of roads maintained by the Township (2.8 kilometres).

He said the subdivision conditions were approved by the Township 40 years ago. Obligations imposed on the developer included meeting engineering and safety requirements for the roads and bridge.

“Given the number of year-round users (28) and permanent residents (14) (of the 47 individually owned lots), there is an inherent responsibility for the Township to now take over maintenance responsibilities of the PHS roads and bridge it owns,” Hauschild said. “The Subdivision Agreement was registered on title in 1983 (and) the actual agreement says that the owner (including subsequent owners) covenants to maintain the road themselves.

“However, the Land Titles Act specifies that where a condition, restriction or covenant has been established and no expiry was fixed, the condition, restriction or covenant expires after 40 years.”

That prompted Coun. Wayne Good to respond: “I think we’re going to have to have legal advice on this and we should not bother about this any more at this meeting.”

“You’re one comment ahead of me,” said Mayor Gerry Lichty. “The bridge scares me and it was a used bridge when it was put in there so it’s older than 40 years.”

Just off the top of his head, Public Works Manager Darwyn Sproule estimated the maintenance costs would be in the $15,000 to $20,000 a year range, including snowplowing.

Council instructed staff to consult the Township lawyer and bring back a report based on the solicitor’s opinion as to the Township’s responsibilities.

Millfoil on Mazinaw Lake

The Lake Mazinaw Property Owners Association is getting concerned about the infestation of Eurasian Milfoil on the Lake and president Amy Fraser was at Council to ask for some help.

“We’re looking for a ‘we hear you and we’re prepared to assist you,’” she said.

She said that assistance could take the form of applying for grants ($200k to $500k per year to mitigate), ongoing GIS mapping and mandatory septic testing.

“If we brought in mandatory septic testing in the south of the lake it would take five years to make a difference,” said Dep. Mayor John Inglis. “We first heard of milfoil on Malcolm Lake.

“They put down mats but it didn’t do much.”

“I think it’s beyond the resources of a small municipality and we need the province involved,” said Coun. Vernon Hermer.

“We’re aware of the problem but you made us more aware,” said Mayor Gerry Lichty.

Lichty opposes Inglis conference dreams over process

Mayor Gerry Lichty was the only member of Council opposed to Dep. Mayor Inglis’s request to go to a second conference this year.

Inglis wanted to go to the AMO LAS Energy Conference in Toronto Nov. 2-3.

The mayor is allowed two conferences and each councillor one in a given calendar year.

However, only four Council members have gone to conferences this year.

“I’m not going to one and I see no reason for him not to go,” said Coun. Wayne Good. “We’ve done it in the past.”

Lichty said his opposition was in the process.

“You should have offered to pay for it yourself and come back after looking for compensation,” he said. “Not have staff arrange it all beforehand.”

“I was lazy,” Inglis said. “I didn’t have all the information and contacts but I knew staff did.”

First steps on Short Term Rentals

Council voted to lend its support to the Township of Selwyn’s desire to have a brokerage company to provide a listing of all short-term rentals in a municipality and administer fees for said STLs.

“I think it’s a good step,” said Coun. Vern Hermer.

“How are you going to enforce it?” said Coun. Fred Fowler.

“We realize it’s difficult, which is why we’re not moving ahead quickly with a bylaw,” said Dep. Mayor John Inglis