Craig Bakay | May 16, 2018
It’s probably safe to say the proposed plan of condominium for Johnston Point has been controversial in many aspects, but there really isn’t much South Frontenac can control until contracts are signed, Township lawyer Tony Fleming told Council at its regular meeting Tuesday night in Sydenham.
Fleming said that until a draft plan of condominium is signed (ie, a legal contract), the Township has no authority to enforce conditions. Once said draft plan is signed, the Township can then assure that conditions set out in the plan are fulfilled to its satisfaction before sending its comments to the County, who then assumes responsibility for approving the final plan.
“So, in terms of enforcement, we’re in some kind of legal limbo,” said Coun. Alan Revill.
“The Township has no authority to enter onto the property or the ability to enforce conditions that will ultimately be included in the condominium agreement or the site plan agreement right now,” Fleming said. “The developer must still comply with Species at Risk legislation, for example, and if any act on site affects habitat for such species, the MNRF has enforcement duties (but) we are not aware of any activity that has been alleged to breach this legislation.”
Fleming said they are aware that residents have expressed concerns that within 30 metres of the water branches may have been trimmed and dead wood or other debris may have been removed. There are provisions in the draft plan agreement to address those concerns but until the agreement is signed, there is no mechanism to enforce them.
Council passed a resolution directing staff to return with a draft plan of condominium for passage at the June 5 meeting.
The fate of Fermoy Hall is still up in the air. Council seemed in agreement that it is a building of historical significance but what to do with the $76,906 set aside for renovations and/or restoration is still in question.
Councillor Ross Sutherland suggested the hall could be part of a larger initiative of economic development involving bus trips from Kingston.
“There are people coming through Kingston that have never seen a beaver dam or a school built in the 1800s,” he said.
Council agreed that restoration would be preferable to renovations and instructed staff to take a small portion of the funds to get some advice as to how much restoration would cost.
“If you really want to take a bus ride past Fermoy Hall, be at my place at 6 a.m.,” joked Mayor Ron Vandewal. “I’m by there five days a week (in his capacity as school bus driver).”
Public Works Manager Mark Segsworth did a mea culpa on the Bedford Road work in Sydenham.
“I want you to know that we’ve made a mistake and I’m not looking anywhere but in the mirror,” he said.
The problem, he said is that you have a sidewalk, a trail and a roadway coming together and accommodating the needs of each has proven difficult, especially considering the area is very busy do to the grocery and hardware stores.
“What looks good on paper doesn’t always work out so well in real life,” he said.
Segsworth said that they do think they have a workable plan now but warned Council that the project will be over budget.
He said it was unlikely the project will be finished by this weekend but expected things should be done by the middle of next week.