Body: Planning Committee Type: Agenda Meeting: Regular Date: February 21, 2017 Collection: Council Agendas Municipality: Frontenac County
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Planning Advisory Committee Meeting Tuesday, February 21, 2017 – 10:00 a.m. Bud Clayton Memorial Room, 2069 Battersea Road, Glenburnie, ON
AGENDA Page 1.
Call to Order
Election of Officers a) Election of Chair b)
Election of Vice-Chair
Adoption of the Agenda a) That the agenda for the February 21, 2017 meeting of the Planning Advisory Committee be adopted.
Disclosure of Pecuniary Interest and General Nature Thereof
Adoption of Minutes a) Minutes of Meeting held September 16, 2016
4-7
That the minutes of the Planning Advisory Committee meeting held September 16, 2016 be adopted. 6. 8 - 25
Deputations and/or Presentations Frontenac County Subdivision and Plan of Condominium a) Applications Presentation
26 - 45
b)
County of Frontenac Official Plan Presentation
46 - 85
c)
Communal Services Presentation
86 - 111
Briefings
Reports to the Planning Advisory Committee a) 2017-030 Planning Advisory Committee Amendment Number 2 to the Township of Central Frontenac
Page 1 of 198
Page Official Plan to Permit Development within 300 metres of the Shoreline of a Body of Water within Lands Designated as Rural Area – Central Frontenac 10OP-17/001 Whereas the Council of the County of Frontenac considered all written and oral submissions received on this application, the effect of which helped Council to make an informed decision; Be It Resolved That the Council of the County of Frontenac receive the Planning Advisory Committee – Amendment Number 2 to the Township of Central Frontenac Official Plan to Permit Development within 300 metres of the Shoreline of a Body of Water within Lands Designated as Rural Area – Central Frontenac 10OP-17/001Report. And FurtherThat the Council of the County of Frontenac approve Central Frontenac Official Plan Amendment No. 2 to the Township of Central Frontenac Official Plan, File No. 10OP-17/001 as contained in Appendix A. 112 - 114
b)
2017-028 Planning Advisory Committee Future Policy Direction of Planning Matters
115 - 138
c)
2017-029 Planning Advisory Committee Director of Planning and Economic Development – 2017 Work Plan Recommendation: That the County of Frontenac Planning Advisory Committee recommend to County Council the approval of the 2017 work plan for the Director of Planning and Economic Development as it relates to Planning matters; Further, that the Director provide an overview to County Council and the Councils of each of the member municipalities.
139 - 198
d)
Committee Orientation
County of Frontenac Procedural By-law (Meeting Management)
Code of Conduct for Members of County Council & Committees To be presented by Jannette Amini, Manager of Legislative Services/Clerk
Communications
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Page 10.
Other Business
Next Meeting a) Setting of a 2017 Planning Advisory Committee meeting schedule [Staff are suggesting Bi-Monthly meetings as follows: April, June, August, September and November]
Adjournment
Page 3 of 198
AGENDA ITEM #a)
Minutes of the Planning Advisory Committee Meeting September 16, 2016 A meeting of the Planning Advisory Committee was held in the Bud Clayton Memorial Room, County Administrative Office, 2069 Battersea Road, Glenburnie on Friday, September 16, 2016 at 12:34 PM Present: Warden Smith Deputy Warden Vandewal Councillor Higgins Councillor Doyle Staff Present: Jannette Amini, Manager of Legislative Services/Clerk (Recording Secretary) Michael Otis, Contract Planner Anne Marie Young, Manager of Economic Development Kelly Pender, Chief Administrative Officer 1.
Call to Order
The Chair called the meeting to order at 12:34 p.m. 2.
Election of Officers a)
Election of Vice Chair
Moved By: Seconded By:
Warden Smith Councillor Doyle
THAT Deputy Warden Vandewal be nominated Vice-Chair of the Planning Advisory Committee for 2016. CARRIED Moved By: Seconded By:
Warden Smith Councillor Doyle
THAT nominations for Vice-Chair be closed. CARRIED
Minutes of Meeting held September 16, 2016
Page 4 of 198
AGENDA ITEM #a)
Closed meeting
Moved By: Seconded By:
Councillor Doyle Warden Smith
Resolved That the Planning Advisory Committee resolve itself into closed session as authorized under Section 239 of The Municipal Act, to consider:
- personal matters about an identifiable, including municipal or local board employees as it relates to conducting interviews for appointments to the Planning Advisory Committee. CARRIED Moved By: Seconded By:
Deputy Warden Vandewal Councillor Doyle
Resolved That the Planning Committee rise from closed session with report to be provided under Reports to the Planning Advisory Committee clause a) CARRIED 4.
Adoption of the Agenda
Moved By: Seconded By:
Councillor Doyle Warden Smith
That the agenda for the September 16, 2016 meeting of the Planning Advisory Committee be adopted. CARRIED 5.
Disclosure of Pecuniary Interest and General Nature Thereof
There were none. 6.
Adoption of Minutes a)
Minutes of Meeting held July 20, 2016
Moved By: Seconded By:
Warden Smith Councillor Doyle
That the minutes of the Planning Advisory Committee meeting held July 20, 2016 be adopted. CARRIED
Planning Advisory Committee Meeting Minutes September 16, 2016
Minutes of Meeting held September 16, 2016
Page 2 of 4
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AGENDA ITEM #a)
Deputations and/or Presentations
Reports to the Planning Advisory Committee a)
Consideration of applications submitted for appointments to the Planning Advisory Committee
Moved By: Seconded By:
Councillor Doyle Deputy Warden Vandewal
THAT Phil Leonard, Jim McIntosh and Darwyn Sproule be appointed to the Planning Advisory Committee whose term shall expire November 30, 2018; And Further That By-law 2013-0020, Schedule B-4 be amended accordingly. CARRIED b)
2016-099 Planning and Economic Development Finalization and Approval of the Planning Advisory Committee Mandate Moved By: Councillor Doyle Seconded By: Warden Smith That the Council of the County of Frontenac adopt the Planning Advisory Committee (PAC) Terms of Reference attached to this report as Appendix A; And Further That Procedural By-law 2013-0020, as amended, be further amended by deleting Schedule B-4 in its entirety and replacing with Appendix A to this report CARRIED 9.
Communications
Other Business
Next Meeting
The next meeting will be at the call of the Chair
Planning Advisory Committee Meeting Minutes September 16, 2016
Minutes of Meeting held September 16, 2016
Page 3 of 4
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AGENDA ITEM #a)
Adjournment
Moved By: Seconded By:
Councillor Doyle Councillor Vandewal
That the meeting hereby adjourn at 3:27 CARRIED
Planning Advisory Committee Meeting Minutes September 16, 2016
Minutes of Meeting held September 16, 2016
Page 4 of 4
Page 7 of 198
Frontenac County Subdivision and Plan of Condominium Applica…
Frontenac County Subdivision and Plan of Condominium Applications U p d a t e t o P l a n n i n g A d v i s o r y C o m m i t t ee F e b r u ary 2 1 s t , 2 0 1 7
AGENDA ITEM #a)
Page 8 of 198
Frontenac County Subdivision and Plan of Condominium Applica…
Overview • Draft Approval •
Johnston Point (SF)
• Ongoing Applications •
• • •
Ardoch Lake (NF) Shield Shores (SF) Hartington (SF) Collins Lake Estates (SF)
• Upcoming Applications •
•
McFadden Road (SF) Nokomis Lodge (FI) Pine Point (SF)
AGENDA ITEM #a)
Page 9 of 198
•
Frontenac County Subdivision and Plan of Condominium Applica…
Johnston Point – OMB Draft Approval
AGENDA ITEM #a)
Page 10 of 198
Frontenac County Subdivision and Plan of Condominium Applica…
Ardoch Lake - Submitted
AGENDA ITEM #a)
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Frontenac County Subdivision and Plan of Condominium Applica…
Ardoch Lake - Submitted
AGENDA ITEM #a)
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• Vacant land condo • Hamlet of Ardoch • Ardoch Lake • 93 ha (230 ac) • 34 lots • 0.4 - 9.6ha lots (1 acre+) • Status update • Issues/concerns
Frontenac County Subdivision and Plan of Condominium Applica…
Shield Shores - Submitted
AGENDA ITEM #a)
Page 13 of 198
Frontenac County Subdivision and Plan of Condominium Applica…
Shield Shores - Submitted
Revised plan: January, 2017
AGENDA ITEM #a)
Page 14 of 198
• Vacant land condo proposal • Dog Lake (Rideau Waterway) • Battersea area • 33 ha (81 acres) • 18 lots (1-2 ha) • Commenting agencies providing feedback • 2 nd public meeting needed
Frontenac County Subdivision and Plan of Condominium Applica…
Shield Shores - Submitted
AGENDA ITEM #a)
Page 15 of 198
Revised plan: January, 2017
Frontenac County Subdivision and Plan of Condominium Applica…
Hartington
AGENDA ITEM #a)
Page 16 of 198
Frontenac County Subdivision and Plan of Condominium Applica…
Hartington
AGENDA ITEM #a)
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Frontenac County Subdivision and Plan of Condominium Applica…
Hartington
AGENDA ITEM #a)
Page 18 of 198
• 13-lot subdivision • Hamlet of Hartington • 11.82ha (29ac) site area • 0.8ha+ (2ac) lots • Currently under appeal to OMB • Issues/concerns
Frontenac County Subdivision and Plan of Condominium Applica…
Collins Lake Estates - Submitted
AGENDA ITEM #a)
Page 19 of 198
Frontenac County Subdivision and Plan of Condominium Applica…
Collins Lake Estates - Submitted
• • •
Hydro-g Public opposition Traffic
AGENDA ITEM #a)
Page 20 of 198
• 51-lot subdivision • North of Collins Lake (PSW) • Hamlet of Inverary to N • 54.4ha (134ac) site area • 0.85ha+ (2ac) lots • Public meetings held • Issues
•McFadden Road (SF) •Nokomis Lodge (FI) •Pine Point (SF)
Frontenac County Subdivision and Plan of Condominium Applica…
Upcoming Applications
AGENDA ITEM #a)
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Frontenac County Subdivision and Plan of Condominium Applica…
McFadden Road Upcoming
AGENDA ITEM #a)
Page 22 of 198
•5 lot subdivision proposal •2+ ha lots •Former sand pit location •Pre-consultation complete •Expected submission Spring/Summer 2017 •Adjacent to Cataraqui Trail
Frontenac County Subdivision and Plan of Condominium Applica…
Nokomis Lodge - Upcoming
AGENDA ITEM #a)
Page 23 of 198
•4 lot proposal •0.8+ ha lots •Former Nokomis Lodge property (HI) •Pre-consultation complete •Issues •Private lane •Servicing- water
Frontenac County Subdivision and Plan of Condominium Applica…
Pine Point - Upcoming
AGENDA ITEM #a)
Page 24 of 198
•4 lot proposal •1.2+ ha lots •Dog Lake waterfront •Pre-consultation complete •Issues •Private lane policies
Frontenac County Subdivision and Plan of Condominium Applica…
Thank You. Additional questions?
AGENDA ITEM #a)
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County of Frontenac Official Plan Presentation
Frontenac County Official Plan Planning Advisory Committee F e b r u a r y 2 1 st, 2 0 1 7
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
Motion #344-11 DECEMBER 2011 RESOLVED THAT …Council endorse the initiation of the development of a County Official Plan with the goal to having a draft plan to be considered by Council for adoption within its current term; …AND FURTHER that a County Official Plan be prepared under the following parameters: (1) That the Official Plan be prepared as a ‘high level’ planning document using a regional planning perspective, recognizing that detailed planning policies are now in place for the four Townships’ Official Plans; (2) That the Official Plan use a systems-based approach and act as a guide for dealing with cross-boundary and cross-jurisdictional planning issues; (3) Ensure that the Official Plan is consistent with the Provincial Policy Statement while offering a solutions-oriented planning approach to deal with land use planning issues that are common to the Frontenacs; and
AGENDA ITEM #b)
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(4) That community consultation regarding the vision and content of the Official Plan be extensive.
County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
Municipal Fiscal Capacity
Water Quality
Limited Population Growth
Issues Affecting Regional Policy
Lake Protection
Peak Oil
Transportation Infrastructure
Climate Change
Aging Population
Small Business
AGENDA ITEM #b)
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Seasonal Economy
Lack of Municipal Water & Sewer
County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
Consultation • 10 Open Houses • 100+ responses to public survey • 3 presentations to each Township Council • 15 meetings with Township staff • Public Meeting AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
Consultation • City of Kingston • Conservation Authorities • South Frontenac and North Frontenac Community Services • Frontenac Stewardship Foundation • Ministry of Municipal Affairs AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
High Level View • Peterborough, Haliburton Counties similar • Respect existing Township plans • Regional Issues Focus
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
Themes
AGENDA ITEM #b)
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• Economic Sustainability • Growth Management • Community Building • Housing and Social Services • Heritage and Culture • Environmental Sustainability
County of Frontenac Official Plan Presentation
Over 93% tax base is Residential Seasonal Economy Important Challenges to Maintain Infrastructure
Kingston is Essential AGENDA ITEM #b)
Page 39 of 198
Limited Population Growth
County of Frontenac Official Plan Presentation
2011 Census
2016 Census
2016 Population Difference Allocation %
North Frontenac Central Frontenac South Frontenac Frontenac Islands
1,857 4,556 18,113 1,864
1,898 4,373 18,646 1,760
41 -183 533 -104
Frontenac County
26,390
26,677
287
7.1% 16.4% 69.9% 6.6%
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
Watershed Approach
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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County of Frontenac Official Plan Presentation
AGENDA ITEM #b)
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Communal Services Presentation
Communal Services Viability Planning Advisory Committee F e b r u a r y 2 1 st, 2 0 1 7
AGENDA ITEM #c)
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Communal Services Presentation
Communal Services - Definition
AGENDA ITEM #c)
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Communal Services Presentation
Communal Services • Shared facilities for collection, treatment and disposal of sewage. • Generally of small to moderate size (5+ houses) and are often constructed by developer. • Primarily used for residential development. AGENDA ITEM #c)
Page 48 of 198 Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
Communal Services Advantages • Better environmental protection and public health than private on-site services • •
Fewer malfunctions, longer life Regular maintenance – measure performance, monitor impact, fix problems early
AGENDA ITEM #c)
Page 49 of 198 Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
Communal Services Community Planning Advantages • Smaller lots = better fit into village/hamlet • Strengthen local economy • “walkable communities”
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
1.6.6 Sewage, Water and Stormwater
Planning Advisory Committee - February 21st, 2017
AGENDA ITEM #c)
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• 1.6.6.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible.
Communal Services Presentation
1.6.6 Sewage, Water and Stormwater
Planning Advisory Committee - February 21st, 2017
AGENDA ITEM #c)
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• 1.6.6.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible.
Communal Services Presentation
1.6.6 Sewage, Water and Stormwater • 1.6.6.3 Where municipal sewage services and municipal water services are not provided, municipalities may allow the use of private communal sewage services and private communal water services.
AGENDA ITEM #c)
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Communal Services Presentation
1.6.6 Sewage, Water and Stormwater
Planning Advisory Committee - February 21st, 2017
AGENDA ITEM #c)
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• 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development.
Communal Services Presentation
Full Municipal Services
Communal Services
Private Services AGENDA ITEM #c)
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Communal Services Presentation
Full Municipal Services
Not Feasible $$$$$$
Communal Services
Private Services
AGENDA ITEM #c)
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Standard Rural Development
Communal Services Presentation
Communal Services
Potential Village and Hamlet Development
Private Services
Standard Rural Development
Planning Advisory Committee - February 21st, 2017
AGENDA ITEM #c)
Not Feasible $$$$$$
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Full Municipal Services
Communal Services Presentation
Risk • Ministry of Environment (1995)
Planning Advisory Committee - February 21st, 2017
AGENDA ITEM #c)
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• “It has been the experience of the Ministry and other jurisdictions that private communal services, in the absence of a responsible public authority to ensure proper operation and maintenance, have a greater likelihood to malfunction as a result of poor management practices and that private operators are less likely to have sufficient funds to remediate problems.”
Communal Services Presentation
Reducing Risk
Planning Advisory Committee - February 21st, 2017
AGENDA ITEM #c)
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• Municipal Responsibility – common thinking is that it is assumed to be a high risk • New Rules since 1995 – tools to reduce/eliminate public sector risk • New Communal Systems since 1995 – better technology • New Planning Rules since 1995 – vacant land condominium development • What legal tools are available to reduce risk?
Communal Services Presentation
Project Description • evaluate 2017 legal tools to promote / reduce risk of communal systems • case studies in Ontario – best practices •planning tools • settlement areas
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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Planning Advisory Committee - February 21st, 2017
Communal Services Presentation
Cost / Next Steps • $85,000 • Big Data For Small Places project • Expected start – mid-2017 • Pilot project?
AGENDA ITEM #c)
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Communal Services Presentation
AGENDA ITEM #c)
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AGENDA ITEM #a)
Report 2017-030 Recommend Report To:
Chair and Members of the Planning Advisory Committee
From:
Reid Shepherd, Community Planner
Prepared by:
Reid Shepherd, Community Planner
Date of meeting:
February 21, 2017
Re:
Planning Advisory Committee – Amendment Number 2 to the Township of Central Frontenac Official Plan to Permit Development within 300 metres of the Shoreline of a Body of Water within Lands Designated as Rural Area – Central Frontenac 10OP-17/001
Recommendation Whereas the Council of the County of Frontenac considered all written and oral submissions received on this application, the effect of which helped Council to make an informed decision; Resolved That the Council of the County of Frontenac receive the Planning Advisory Committee – Amendment Number 2 to the Township of Central Frontenac Official Plan to Permit Development within 300 metres of the Shoreline of a Body of Water within Lands Designated as Rural Area – Central Frontenac 10OP-17/001 Report. And Further That the Council of the County of Frontenac approve Central Frontenac Official Plan Amendment No. 2 to the Township of Central Frontenac Official Plan, File No. 10OP-17/001 as contained in Appendix A. Background An Official Plan Amendment (OPA) has been initiated by the Township of Central Frontenac to amend Section 3.6.2 of their Official Plan that concerns development on Rural-designated lots in proximity to water bodies. As written, Section 3.6.2 requires any proposal for the creation of any new lot in the Rural designation that falls within 300 metres of a water body to undertake a site-specific Official Plan Amendment. This policy requires new lots to be re-designated to the Waterfront District designation described in
2017-030 Planning Advisory Committee Amendment Number 2 to t…
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AGENDA ITEM #a)
Section 3.6.3. The intent of the policy is to ensure that the Waterfront District policies apply to newly-created lots in the Rural designation and within 300 metres of the shoreline of a water body. The existing policy in question reads as follows: “While existing waterfront residential uses shall be permitted, any further waterfront development within 300 m (984.2 ft.) of the shoreline of a water body shall be subject to an amendment to this Plan in accordance with Section 3.6.3 – Waterfront Designation.” The purpose of the amendment is to alter the existing policy so that an OPA would not be necessarily required in all cases of development on Rural-designated properties that are within 300 metres of water bodies. The proposed amendment would replace the existing policy (shown above) with the following text: “While existing waterfront residential uses shall be permitted, any further development within 300 metres of a waterbody shall be consistent with Section 3.6.3 – Waterfront Designation, as implemented through the Zoning By-law.” The intent of the existing policy can be met without requiring all development applications in Rural-designated lands that are within 300 metres of a water body to submit a site-specific OPA. This is due to the fact that all of the policies contained in the Central Frontenac Official Plan related to waterfront development apply to all developments that occur within 300 metres of waterbodies, regardless of the existing land use designation. As such, the current requirement for an OPA on all developments in this situation is an unnecessary and burdensome requirement. Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. It promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. The PPS also requires Official Plans to set out appropriate land use designations and provide policies directing development to suitable areas (Section 4.7). The intent of the PPS is that Official Plans should provide general policy direction for land uses which are implemented through Zoning By-laws. The proposed policy change would bring the Central Frontenac Official Plan more in line with the intent of the PPS by maintaining the effect of the waterfront protection policies, while ensuring the implementation of specific regulations through the Central Frontenac Zoning By-law. The proposed amendment is consistent with the Provincial Policy Statement (2014). County Official Plan (2016) The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of Recommend Planning Advisory Committee Report Amendment Number 2 to the Township of Central Frontenac Official Plan to Permit Development within 300 metres of the Shoreline of a Body of Water within Lands Designated as Rural Area – Central Frontenac 10OP-17/001 February 17, 2017 Page 2 of 4
2017-030 Planning Advisory Committee Amendment Number 2 to t…
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AGENDA ITEM #a)
economic sustainability, growth management, community building, housing and social services, heritage and culture and environmental sustainability. Section 3.3.3.4.4 of the plan contains policies concerning the development of waterfront areas and recognizes the importance of protecting the quality of water bodies and the role of shoreline preservation. Policies are also in place that require Local Official Plans (Township Official Plans) and Zoning By-laws to implement specific guidelines on the types of development along waterfront areas. As the Township of Central Frontenac already has the appropriate zoning regulations and Official Plan policies in place to ensure the protection of water bodies and the natural environment, this proposal is not expected to have any negative impact on the environment. The proposed amendment is consistent with the County of Frontenac Official Plan. Central Frontenac Official Plan (2008) The Central Frontenac Official Plan contains a section on Waterfront District Designated areas within the municipality. This section contains policies that address issues such as setbacks, lot sizes, sewage disposal systems, sensitive trout lakes and a number of other important elements intended to provide guidance on development near water bodies. The majority of the policies are intended to ensure that development does not have a negative impact on any water bodies or the surrounding natural environments. Importantly, Section 3.6.3 (1) indicates that the policies of the section of the plan (Waterfront District Designation section) “generally apply to lands with the first 300 m (984 ft.) of the shoreline of these water bodies.” This clarifies that regardless of any existing designation (eg. Rural), the Waterfront District policies do apply in cases where development is proposed within 300 m of any water body. The proposed amendment conforms to the Township of Central Frontenac Official Plan. Comment The current Township of Central Frontenac Official Plan policy requiring a site-specific Official Plan Amendment is an unnecessary policy that can be replaced with the moreappropriate policy, which has been adopted by Central Frontenac Council (See Appendix A). The Township of Central Frontenac held an open house and public meeting in November, 2016 to engage with members of the public on the proposed change. One member of the public spoke and had questions specific to a property, and another member of the public submitted written comments on behalf of a local lake association. The written comments are attached in the package included in Appendix A. Staff spoke to both individuals and answered all of the questions asked, alleviating all concerns regarding water body protection. Staff recommend that County Council approve Amendment #2 to the Central Frontenac Official Plan.
Recommend Planning Advisory Committee Report Amendment Number 2 to the Township of Central Frontenac Official Plan to Permit Development within 300 metres of the Shoreline of a Body of Water within Lands Designated as Rural Area – Central Frontenac 10OP-17/001 February 17, 2017 Page 3 of 4
2017-030 Planning Advisory Committee Amendment Number 2 to t…
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AGENDA ITEM #a)
Sustainability Implications One of the key focus areas of Directions for Our Future, the County’s Sustainability Plan, is Land Use Planning and Management. From a sustainability perspective, this involves an approach that ensures a clean and healthy environment, a strong economy, and long term viability. Approval of this policy will continue to maintain strong protection for a clean and healthy environment, while improving the economic viability of development within the County by removing a costly and time-consuming process. Financial Implications There are no direct financial implications to the County of Frontenac for this approval. There will be a reduction in cost for some development applications regarding properties in Rural-designated areas near water bodies within the Township of Central Frontenac. Organizations, Departments and Individuals Consulted and/or Affected Township of Central Frontenac
Recommend Planning Advisory Committee Report Amendment Number 2 to the Township of Central Frontenac Official Plan to Permit Development within 300 metres of the Shoreline of a Body of Water within Lands Designated as Rural Area – Central Frontenac 10OP-17/001 February 17, 2017 Page 4 of 4
2017-030 Planning Advisory Committee Amendment Number 2 to t…
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AGENDA ITEM #a)
2017-030 Planning Advisory Committee Amendment Number 2 to t…
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AGENDA ITEM #a)
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Report 2017-028 Committee Information Report To:
Chair and Members of the Planning Advisory Committee
From:
Joe Gallivan, Director of Planning and Economic Development Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting: February 21, 2017 Re:
Planning Advisory Committee – Future Policy Direction of Planning Matters
Recommendation This report is for information and Committee feedback. Background The Planning Advisory Committee is responsible for overseeing all regional development, planning, and the Planning Act implications of economic development within the County of Frontenac in accordance with the County’s Official Plan document. Comment In order to ensure accountability, transparency and fairness, and to ensure that the County of Frontenac is in a favourable position to defend itself at potential Ontario Municipal Board hearings, staff will be bringing forward at a future date specific policies on the process for public meetings and the process for site visits with respect to planning applications. The purpose of this report is to receive input and feedback from the Planning Advisory Committee on these matters.
- Public Meeting Policy The purpose of a Public Meeting Policy is to ensure the method of holding a public meeting on behalf of County Council is consistent, transparent, and supports public consultation. The Policy will encompass issues such as: Meeting location: Public meetings regarding Township matters such as proposed plans of subdivision or plans of vacant land condominium should be held in the Township where the proposal is located.
Public meetings regarding County matters such as amendments to the County of Frontenac Official Plan should be held at the County Administrative Office.
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Staff Report: staff will prepare an Information Report for the public meeting. The Report will be factual and include: Project description Planning approvals required Pre-consultation, studies, etc. Public Notice Provisions
Technical Circulation Requirements
Order of Meeting:
- Clerk advises citizens on method by which notice of the meeting was given.
- Planning staff make presentation on the proposed draft plan of subdivision/condominium.
- Applicant given opportunity to make presentation and/or comments
- Chair asks for public comment, to be directed to the Committee through the Chair.
- Chair formally closes public meeting. To ensure that the County is meeting its requirements under the Planning Act and the Municipal Freedom of Information and Protection of Privacy Act, a “Procedure for Public Meetings under the Planning Act” statement must be read by the Chair of the Committee at the beginning of the meeting. A copy of this statement is attached to this report as Appendix A. A recommendation report will be prepared for Committee consideration after the public meeting and receipt of technical background reports. This report will be presented at a subsequent meeting. All background reports and related correspondence will be placed in a publically accessible location on the internet (i.e., google drive or similar)
- Site Visit Policy The purpose of a Site Visit Policy is to establish a consistent process for site visits by Committee members prior to a public meeting. The Policy should encompass issues such as
of committee members to attend site visit
composition of committee members (Councillors/citizens) on-site conduct staff involvement
The Policy will also outline both the Committees and individual Committee member’s responsibilities under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). One of the key purposes of MFIPPA is to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to that information. Planning Committee members may from time to time come in contact with members of the public or be provided with information that contains information covered under MFIPPA, specifically when conducting site visits. When an institution such as the County of Frontenac,
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collects personal information, it can only use that personal information for which it has been obtained. 3. Committee Mandate On June 15, 2016 County Council established the Planning Advisory Committee. As noted in Section 25 of the County’s Procedural By-law, which governs the proceedings of County Council and its Committees, the role of Committees shall generally be to make recommendations to Council on matters which are in their jurisdiction and to guide and request staff to provide reports on the direction and nature of policy development, fact finding, analysis and generation of public policy matters. No action can be taken on Committee recommendations until approved by Council unless the responsibility has been delegated to the Committee by Council. Council provides jurisdiction and any delegations to Committees through a Committees Mandate and Terms of Reference. The Planning Advisory Committee can only consider matters that are contained in its Terms of Reference and Mandate. A copy of the Committees Terms of Reference and Mandate is attached to this report as Appendix B Sustainability Implications As stated in Directions for Our Future, Government decision-making processes are clear, transparent, forward thinking and focused on the longer term. The public is interested, informed, and meaningfully involved in local governance. Financial Implications There are no direct financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Township of North Frontenac Township of Central Frontenac Township of South Frontenac Township of Frontenac Islands Members of the Public
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Report 2017-029 Committee Recommend Report To:
Chair and Member, Planning Advisory Committee
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Kelly Pender, Chief Administrative Officer Joe Gallivan, Director of Planning and Economic Development
Date of meeting:
February 21, 2017
Re:
Planning Advisory Committee – Director of Planning and Economic Development – 2017 Work Plan
Recommendation That the County of Frontenac Planning Advisory Committee recommend to County Council the approval of the 2017 work plan for the Director of Planning and Economic Development as it relates to Planning matters; Further, that the Director provide an overview to County Council and the Councils of each of the member municipalities. Background This report is intended to provide the Committee with the opportunity to provide input and help set priorities for the planning related work plan for the Director of Planning and Economic Development. This work plan should be read in the context of the approved 2017 to 2021 Business Plan for the Department. The business plan is appended to this report Appendix ‘A’.
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Comment The work load of the Director of Planning and Economic Development generally falls into one of the following categories:
Work Area Strategic Documents Official Plans – Development & Amendments Zoning By-laws – Oversight of Development & Amendments Policies Sustainability Plan Peer Review/Technical Reports Project Work E.g., Private Roads Study, Communal Servicing, Natural Heritage Study, Population Projections. Planning Application Oversight Plans of Subdivision Report Review Difficult Application Legislative Matters Ontario Municipal Board (OMB) Position Papers/Briefing Papers Legislative Review Economic Development Oversight/ Coordination
Approx. % Allocation
30-40%
10-20%
20-30%
5-10%+
15-20%
With the approval of the Frontenac County Official Plan, planning staff are entering a new phase of operations with an emphasis on ensuring that planning policies and plans, both at the local and regional level integrate good planning with local economic development imperatives. Towards this aim, projects such as private roads, communal servicing, live/work provisions, tiny homes and waterfront policies will drive responsible growth, provide the County with a competitive advantage and increase our tax base. The Frontenac County Economic Charter is now beginning to be implemented through the direction of the Manager of Economic Development, the Community Development Recommend Report to Planning Advisory Committee Planning Advisory Committee – Director of Planning and Economic Development – 2017 Work Plan February 21, 2017
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Officer, and partnerships with the Townships and the Community Futures Development Corporation (CFDC). The creation of the Frontenac brand, release of the business and tourism web portal www.infrontenac.ca, the active development of the Brand Ambassador Program have all taken place in the past seven months. With more projects about to commence it is expected that new economic development opportunities will begin in Frontenac which will require the planning staff to be involve to help facilitate development. This report is targeted at the anticipated policy and projects work that have been identified in the Business Plan or the work plans for member municipalities. The Table below provides an overview of the Directors work plan for the next 12 to 18 months. The plan represents our current best estimates. Increased day-to-day planning activities or an additional OMB hearing will create delays. The only projects currently being completed with the assistance of external consultants are Marysville Secondary Plan and the communal servicing review. Should the committee wish to advance priorities/timelines, the use of external consultants could be considered for some the projects. Frontenac Islands
South Frontenac
Central Frontenac
North Frontenac
Regional
Marysville Secondary Plan 2016 Priority 20-40 hrs
Strategic Planning Projects
Consultant – Project Management – Strategic Input Project Procurement by FI with assistance of Director Target End of 2017
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Communal Servicing Policy Development High Priority Consultant – Project Management – Strategic Input 20-40 hrs Project Specific – Implementation TBD Target End of 2017 SF Official Plan Review/ Approval #3 Priority Official Plans
20-40+ hrs Depending upon approach taken by SF
CF Official Plan Development, Review, Approval
Zoning By-law Updates
#1 Priority
#2 Priority
20-40 hrs
75-100 hrs
Target May Planning Advisory Committee*
Target 2017/18
Target 2018 FI Zoning By-law Update – Connected to Secondary Plan
NF Official Plan Finalize/ Approval
CF Zoning By-law Update – Review, Approval
CF Zoning By-law Update – Review, Approval
Priority #2
Priority #1
20-40 hrs
20-40 hrs
Target Summer 2018
Target Summer 2018
Priority #3 Hrs Unknown Target 2018
Lakefront Policies Policy Develop.
Ongoing – for NF Official Plan – potential to be incorporated into CF Plan – Option for SF Priority #1
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Hamlet Reviews Ongoing – for NF Official Plan – potential to be incorporated into CF Plan – Option for SF Priority #2 Private Roads Policies Target Winter/ Spring 2017 OMB Hearing Hartington Subdivision Legislative Matters
High Priority 75-150 hrs Target Summer 2017
(*) Assuming no appeals Sustainability Implications Good planning and the integration of economic development priorities is imperative to creating a competitive advantage for Frontenac and growing our economic base. All projects will be based upon the pillars of sustainability identified in the Directions for Our Future document and the three economic development priority areas. Financial Implications Only internal resources are required for all project work, with the exception of the Communal Servicing project which is being funded from the sustainability reserve at an estimated cost of $85,000.
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The Hartington Subdivision OMB hearing is anticipated to last 10 to 15 days. The County share of this appeal for legal and hydro geological support could be in the vicinity of $100,000. To be funded from the sustainability reserve. Organizations, Departments and Individuals Consulted and/or Affected Frontenac County Chief Administrative Officers and their related front line planning staff.
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Appendix ‘A’ – Planning and Economic Development Work Plan 2017-2021
Business Plan 2017-2021
Department:
Planning & Economic Development
Director:
Joe Gallivan
Manager:
Richard Allen
Version/Date:
September 2016
Department Strategic Goals To ensure land use planning advice to County Council and the member Townships that recognize the rural character of the Frontenacs that is based on a solutions-oriented framework, and to promote economic development that can benefit all citizens and businesses. Furthermore, the Department is responsible for being one of the leaders in the implementation of the three strategic planning goals established by County Council: To focus on service delivery of the aging population across the Frontenacs, which is large and growing and will need more public services and facilities in the coming years; Work with the Townships, other Eastern Ontario Counties, and the Province of Ontario on preparing for a “post-landfill reality” to ensure the issue is dealt with on a regional basis; and Focus efforts through the Economic Development Charter to set priorities for economic development objectives and revenue generation. Key Strategic Directions
- To ensure that plans are in place to be a leader in rural land use planning and the long term sustainability of the Frontenacs.
- To develop and maintain a regional plan that deals with cross-jurisdictional, collaborative issues for the County and Townships to improve infrastructure, stabilize and improve villages, and protect the natural heritage system.
- To work with Council, Townships, citizens, businesses, and other stakeholders to strengthen the economic opportunities across the region. Recommend Report to Planning Advisory Committee Planning Advisory Committee – Director of Planning and Economic Development – 2017 Work Plan February 21, 2017
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Alignment with Council Strategic Priorities: Goal #3 Economic Development and Value for Taxpayers: by ensuring that the County has numerous opportunities to work collaboratively with the Townships and other Eastern Ontario regions to advance economic development opportunities. Sustainability & Resilience:
- Ensuring a strategic long term view of regional planning and economic development. Department Function Planning & Economic Development staff comprised of the Director of Planning & Economic Development, the Manager of Economic Development, Community Planner and the Community Development Officer provide services to the County and the Regional Land Use Planning
Strategic Planning
Economic Development Initiatives
Township Official Plan and Zoning Updates
Special Projects (e.g., Seniors Housing, Rural Transportation)
Trail Development and Management
Tourism Promotion
Community Development
Townships in the following areas: Legislative Framework
The Planning Act, R.S.O. 1990, c http://www.ontario.ca/laws/statute/90p13
Provincial Policy Statement (2014) http://www.mah.gov.on.ca/Page10679.aspx
The Municipal Act, 2001, S.O. 2001, c. 25 http://www.ontario.ca/laws/statute/01m25
Development Charges Act http://www.mah.gov.on.ca/Page9839.aspx
Environmental Protection Act http://www.ontario.ca/laws/statute/90e19
Canadian Environmental Protection Act http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=26A03BFA-1
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Source Water Protection Plans http://crca.ca/watershed-management/studies-and-mapping/source-waterprotection/ http://quintesourcewater.ca/web/ http://www.mrsourcewater.ca/en/
Frontenac County Official Plan (adopted October, 2014) Township Official Plans and Zoning By-laws K&P Implementation Plans and Trails Master Plan Frontenac Economic Development Charter Frontenac Economic Development Implementation Plan
Relationships: Planning & Economic Development will work with County Council and Township Councils, external agencies, upper level governments, citizens, and businesses. Internal: County Council - act as a lead department in implementation of Council’s strategic planning goals/priorities, and to work with Council on long-term regional planning policy (both from a land use and economic development perspective). Also work with Committees of Council on same long-term regional issues. County Administration - Primary internal relationships are with: Geographic Information Systems (GIS) for data collection, land use planning analysis, and mapping; Communications for information sharing, promotion, consultation, and the use of social media; and the CAO’s Office for strategic planning and economic development. Also, where necessary provide planning direction to internal staff. External: The majority of relationships for Planning & Economic Development are external: Citizens – consultation on land use planning issues, information/data sharing, economic development projects. Upper Level Governments – communicating with Provincial ministries (e.g., Municipal Affairs, Environment and Climate Change, Natural Resources and Forestry, Tourism Culture and Sport) and Federal Departments (Environment, Finance) to seek advice, apply for grant funding, and to lobby County policy positions. Member Municipalities – work with Townships on collaborative planning to strengthen the region. Local External Agencies – a key part of regional collaboration. The Department will communicate, consult, and work with agencies such as North Frontenac and South Frontenac Community Services, Community Futures Development Corporation (CFDC), Eastern Ontario Trails Alliance (EOTA), Ducks Unlimited, Land ‘O Lakes Tourism, and cottage associations. Recommend Report to Planning Advisory Committee Planning Advisory Committee – Director of Planning and Economic Development – 2017 Work Plan February 21, 2017
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Local Business – as part of the implementation plan for Economic Development Plan - staff will work with existing businesses and start-up businesses to stabilize and improve local business activity, particularly those operating within the core/focus of County Council’s economic agenda. Employee Complement 2017
2018
2019
2020
2021
Full Time (non-union)
3
3
3
3
3
Full Time (union)
1
1
1
1
1
Part-time (non-union)
0
0
0
0
0
Part-time (union)
0
0
0
0
0
Contract (incl. summer students)
2
2
3
3
3
Total Employees
6
6
7
7
7
Total FTE
3
3
4
4
4
Total Salaries/FTE
Director of Planning & Economic Development Joe Gallivan Manager of Economic Development
Anne Marie Young
Community Planner Reid Sheperd
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Community Development Officer
Alison Vandervelde
Existing Service Levels: Policy Planning
- Development and management of Frontenac County Official Plan
- Ongoing preparation and management of local Community Improvement Plans.
- Special projects: Private Roads Study, Seniors Housing, Population and Employment Projections, Natural Heritage Study.
- Sustainability Planning
- Trails Master Plan implementation Land Use Planning
- Subdivisions – review and approval in conjunction with Townships.
- Township Planning (North Frontenac, Central Frontenac, Frontenac Islands) o Full Services Official Plan and Zoning By-law Updates Planning reports for Zoning Amendments, Official Plan Amendments, minor variances, severances, easements/right of ways. Site visits Township Council and/or Committee attendance Consultation/advice to citizens and developers on planning matters. Ontario Municipal Board (OMB) attendance to provide planning evidence. Federal and Provincial Funding Opportunities
- Submissions for grant funding for economic development related projects. Trail Management and Construction
- K&P Trail construction and maintenance Economic Development
- Community Improvement Plans
- Community Profiles and Business Trends
- Business Retention and Expansion
- Trails Network Development
- Age-Friendly Community Plans
- Business Ambassador Program
- Regional Marketing Plan Community Development
- Community Opportunities Grant Recommend Report to Planning Advisory Committee Planning Advisory Committee – Director of Planning and Economic Development – 2017 Work Plan February 21, 2017
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First Impressions Community Exercises Partnerships
Major Policy/Program Review: 2017
2018
County Official Plan
2019
2020
2021
x
Community Improvement Plans
x
x
x
x
x
Local Township Planning
x
x
x
x
x
Economic Development Action Plan
x
x
x
x
x
Communal Services Study
x
x
x
x
ICSP (Directions for Our Future) update
x
Recreation Infrastructure Plan
x
K&P Trail Maintenance Plan
x
Age-Friendly Community Plan
x
Population and Employment Projections update Township Planning – Official Plan and Zoning By-law Updates (North, Central, and Frontenac Islands)
x
x
x
Department Objectives
- Effective and efficient land use planning activity
- Integrate Land Use Planning and Economic Development actions
- Improve communication and public consultation with citizens
- Implement Economic Development Action Plans
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Major Initiatives
Increase Public Awareness of County Planning & Economic
Continued Support of Community Development Officer position – 3 year term
Update Township Official Plans and Zoning Bylaws to Encourage Small Business Start-Ups
Description:
Description:
Description:
Planning & Economic Development Department was created in January, 2015, in part to recognize that its mandate is to work with citizens, businesses, Townships, and other levels of government and to be a leader in rural land use planning and economic development. Merging the two together will promote a ‘solutions-oriented’ approach recognizing the rural nature of Frontenac
Through the work completed on the Economic Development Charter, it was recommended that a ‘Community Development Officer’ (CDO) position be created to focus directly on implementation of the Economic Development Implementation Action Plans. This position would act as the ‘point person’ for working with existing and potential businesses in Frontenac.
Frontenac County provides planning services to North, Central, and Frontenac Islands Townships.
Greater awareness is needed for the general public to understand our services and ongoing projects. This will involve new and continued outreach through social media, a separate section on the County website, visibility at public events, and the creation of a ‘one stop’ business web portal.
Each Township Official Plan and Zoning By-law will undergo a review and update over the next five years. One of the goals will be to update policy and zoning rules to make it easier for new small scale farming, artisanal businesses, and other rural start-up businesses to be permitted with limited planning approvals.
Timelines: 2016 to 2019 Timelines: 2017 to 2021
Responsibility: Responsibility: Timelines: 2017-2021 (ongoing)
Manager of Economic Development; Director of Planning & Economic Development, Community Planner
Director of Planning & Economic Development
Responsibility: Director of Planning & Economic
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Development; Manager of Economic Development.
Resources: Internal with assistance from Community Planner, Community Development Officer, GIS Specialist, Manager of Information Systems, Communications Officer and Chief Administrative Officer.
Resources: Internal
Resources: Internal
Communications Officer, GIS Specialist
Community Planner, GIS Specialist
Resources: External Township Councils and staff, CFDC, Land ‘O Lakes Tourism, Ministry of Tourism and Culture, Frontenac Arch Biosphere
Resources: External Township Councils and staff, CFDC, Consultants
($100,000 per year as per economic development action plan)
Seniors Housing Project
Community Improvement Plans
K&P Trail Development
Description: Ongoing development of a seniors’ housing project in each Township. Marysville (Frontenac Islands) project commenced in 2015.
Description: Continuation of CIP program across Frontenac. Initiate CIP #5 in 2016 and a Regional CIP in 2017.
Description: Continued construction of the K&P Trail through Frontenac County, from Tichborne to Sharbot Lake.
Timelines: 2016 to 2020
Timelines: 2016-2017
Timelines: 2016 to 2020
Responsibility: Director of Responsibility: Manager of Planning & Economic Economic Development, Development, CAO’s Community Planner Office
Responsibility: Manager of Economic Development
Resources: Internal Resources: Internal Resources: Internal
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Manager of Legislative Services/Clerk; GIS Specialist
GIS Specialist, CDO, Communications Officer, Finance
Resources: External
Resources: External
Township Staff, Housing Consultant ($24,000)
Township Staff; MAH staff
Community Planner, GIS Specialist
Resources: External ($70,000 per plan)
Contractors Township public works staff ($494,000)
Regional Signage Strategy and Implementation
Communal Servicing Study
Age – Friendly Community Plan
Description: Using the new region-wide brand determine the signage required for major roads, gateways, hamlets and wayfinding in Frontenac. It will provide a consistency of theme and producing seamless boundaries across the region. Erect uniform signage on trails at strategic access points County-Wide to indicate and promote near-by eatery and accommodations businesses, other amenities.
Description: A planning, fiscal, and environmental study to consider new development in settlement areas to be built using communal services. This can result in smaller lot sizes and better integration into the existing village fabric, and increase number of citizens within walking distance of commercial areas.
Description: To best meet the needs of seniors the County recognizes that the ways in which we plan and design our communities, deliver public services, and engage and communicate with seniors should be enhanced. Fostering an age-friendly community will contribute to improved quality of life for all citizens.
Timelines: 2016 to 2019
Responsibility: Director of Planning & Economic Development
Responsibility: Manager of Economic Development; Community Planner
Resources: Internal
Resources: Internal
GIS Specialist, Finance
GIS Specialist, Finance
Responsibility: Manager of Economic Development; Community Development Officer
Timelines: 2016 to 2017 Timelines: 2016 and 2017
Resources: Internal
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Communications Officer, GIS Specialist
Resources: External
Resources: External
Township staff; Ministry of Environment and Climate Change, Consultant ($85,000 approved in 2016),
Steering Committee members;
Accommodation Study
Local Food /AgriBusiness Awareness
Ferry by Foot Program
Description: A region-wide study that will identify locations in Frontenac intended to increase accommodation facilities expects to encourage and support the opening and operation of 100 new accommodation beds (target=1 job/5 beds) in Frontenac by 2020. These rooms should be developed in all four Frontenac municipalities.
Description:
Description: Develop a program to encourage visitors to Frontenac Islands to travel by foot instead of a vehicle. Will also encourage development (e.g. reinstate a farmers market) (farm-gate sales) or enhancement of attractions such as Big Sandy Bay.
Resources: External Township staff; Economic Development Committees
Consultant ($35,000 external funding and $5,000 in-kind staff and venue space)
($135,000 Economic Development Actions Plan augmented by external funding)
Build on existing momentum to increase local food capacity and expand awareness of the value of local food /agribusiness to generate greater demand in Frontenac and to include a marketing communications plan.
Timelines: 2016 - 2019 Timelines: 2016 - 2018
Timelines: 2017
Responsibility: Manager of Economic Development; Community Development Officer
Responsibility: Manager of Economic Development; Community Development Officer
Responsibility: Manager of Economic Development; Community Development Officer
Resources: Internal
Resources: Internal
Communications Officer, GIS Specialist
Communications Officer
Resources: Internal
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Communications Officer, Community Development Officer
Resources: External Township staff; Economic Development Committees
Resources: External Township staff; local community organizations
($135,000 Economic Development Actions Plan augmented by external funding)
($65,000 - Economic Development Actions Plan augmented by external funding)
Brand Recognition Program
Recreational Infrastructure Study
Tourism Packaging Initiative
Description: Bring awareness of the new brand for Frontenac to businesses, residents and visitors. A marketing plan is necessary to insure the brand is known at local, regional, national and global level. The business ambassador program is intricate to brand recognition.
Description: Log the existing recreational infrastructure and investigate the potential of new ventures in recreational lifestyle in Frontenac.
Description: Develop a collaborative of tourism related businesses to offer a variety of unique experiences for residents and visitors.
Resources: External Township staff; Economic Development Committees Consultant ($50,000 Economic Development Actions Plan)
Timelines: 2016-2017
Responsibility: Manager of Economic Development; Community Development Officer
Timelines: 2018 Timelines: 2018
Responsibility: Manager of Economic Development; Community Development Officer
Resources: Internal Communications Officer GIS Specialist
Resources: Internal Communications Officer, Community Development Officer
Responsibility: Manager of Economic Development; Community Development Officer
Resources: Internal Communications Officer, Community Development Officer
Resources: External Township staff; Recreation Committees
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External Township staff; Business Brand Ambassadors -($85,000 Economic Development Actions Plan augmented by external funding)
($50,000 - Economic Development Actions Plan
Resources: External Township staff; Economic Development Committees ($30,000 - Economic Development Actions Plan
- Community Opportunities Grant
Description - Frontenac County will establish a mechanism by which residents and businesses in the County can apply for grants. The total annual amount will be estimated at $1 per resident of the County. The ultimate goal for the grant total would be to work toward a $2 per resident by 2019. The grant will be offered in three streams as follows:1) Individual; 2) Groups/Organizations; 3) Businesses. Priority will be given to asks/projects that fall within the themes and demographics of the Economic Development Charter: Trips and Trails, Food and Beverage, Recreational Lifestyle and Youth and Seniors. Timelines: 2017 and ongoing Responsibility: Manager of Economic Development Resources: Internal Communications Officer; Finance
Recommend Report to Planning Advisory Committee Planning Advisory Committee – Director of Planning and Economic Development – 2017 Work Plan February 21, 2017
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Resources: External Community Development Advisory Committee ($28,000) 3. Improve communicatio n and public consultation with citizens
- Implement Economic Development Action Plans
This table summarizes how our Major projects align with the Planning and Economic Objectives.
1.Effective and efficient land use planning activity
- Integrate Land Use Planning and Economic Development actions
Increase public awareness of County Planning & Economic Development
Support of Community Development Officer position
Update Township Official Plans and Zoning By-laws
Seniors Housing Project
Community Improvement Plans
K&P Trail Development
Regional Signage Strategy
Communal Services Study
Age-Friendly Community Plan
Accommodation Study
Local Food/Agri-Business Awareness
Foot by Ferry Program
Brand Recognition
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Recreational Infrastructure Study
Tourism Packaging Initiative
Community Opportunities Grant
Service Level Changes Proposed Service Level Change
Rationale/ Relative to Objectives
2016-2019
Community Development Officer
This position would act as the ‘point person’ for working with existing and potential businesses in Frontenac / All four objectives
2016-2017
Communal Services Study
Result in smaller lot sizes and better integration into the existing village fabric, and increase number of citizens within walking distance of commercial areas / All four objectives
2016-2019
Regional Signage Strategy and Implementation
Result will be a consistency of theme and look producing seamless boundaries across the region
2017
Accommodation Study
First step to identify the need for accommodation facilities - expects to encourage and support the opening and operation of 100 new accommodation beds in Frontenac by 2020.
2017
Age Friendly Community Plan
Fostering an age-friendly community will contribute to improved quality of life for all citizens.
2018
Recreation Infrastructure Plan
Existing and new recreational infrastructure potentially offering
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new ventures in recreational lifestyle in Frontenac. 2019
Tourism Packaging
Ongoing
Annual reserve allocation
A collaborative of tourism related businesses offering a variety of unique experiences for residents and visitors
Financial Projection - Appendix A
Risk Analysis: Level Risk
Caution
Advisement
Issue
On-going support to Community Development Officer Position (3 year contract). Significant public investment with high responsibility to improve economic health of Frontenac.
Communal Services Study – developers may be risk averse to building this type of subdivision.
K&P Trail – Land Acquisition from Tichborne to Sharbot Lake – short term acquisition is important to continue to extend trail system to Sharbot Lake
Township Planning – Zoning and Official Plan Updates – should the County Official Plan approval be delayed by an OMB hearing, the County may not be given approval authority until such hearing is completed.
Significant OMB Appeals / Legal Issues – appeals of subdivisions, Official Plan Amendments, could result in many staff hours being used.
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Risk Mitigation Strategies: Issue Risk
- Community Development Officer Position
Caution
Communal Services Study
K&P Trail Land Acquisition (Tichborne to Sharbot Lake) Advisement
Township Planning – Official Plan and Zoning By-law Updates
Mitigation Strategy There will be a need to ensure that all materials and resources are in place to support the coordinator position. A 3 year work plan may also be necessary to ensure the project is focussed from the start.
Communal Services Study – to support new development on communal services, planning staff and the consulting firm will need to hold a number of meetings with the public, with Township staff and Councils, and the development industry. It needs to be made clear from the outset that there are significant benefits – social, financial, community building, housing market – that can result from a more dense and compatible style of development in settlement areas.
K&P Trail – Land Acquisition – staff continue to communicate with landowners in this area and explain the value of the trail and the benefit of a formal route compared to an informal route. There is also be a need to work with members of the community who can help with any consultation and negotiation of land purchase or long term lease.
Township Planning – staff have recommended that Official Plan reviews at the Township level not be completed until County Council becomes the approval authority with the County O.P. acting as the guide for lower tier planning, rather than MMAH reviewing strictly from a Provincial Policy Statement position.
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Key Success Factors: Regional Vision • Ensuring that County Council has a regional perspective when considering land use and economic development issues. • Providing County Council with proactive solutions on key regional issues (e.g., watershed planning, regional transportation, development servicing options). Leadership Role in Collaboration • Act as lead department, in association with CAO’s Office, to promote collaborative solutions on land use, transportation, and economic development issues. • Demonstrated by regional projects endorsed by County Council. Clear, Long Term Vision for Regional Sustainability • Ensuring that the new County Official Plan will continue to serve as a ‘highlevel’ County-wide planning document that has a focus on finding solutions to regional issues. • Working with citizens and Council to consider future application of the County’s sustainability plan (Directions for Our Future) • Leaders and employees held accountable and recognized not just for performance and results but also for demonstrating the corporate values Leader in Trail Development • Ensuring K&P trail is completed and safe for use over the long term. • Focus on developing economic ‘foundation’ along trail with uses that will support and increase activity along the trail system. Implementation and Monitoring of Economic Development Action Plan • Focus on developing economic ‘foundation’ along trail with uses that will support and increase activity along the trail system. • Developing a plan to work with Townships, citizens, upper level governments, and local businesses on coordinated approach to investing in action plans, including accessing funding programs from the Provincial and Federal governments.
- Improve the effectiveness and efficiency of Land Use Planning at the County
- Integrate Land Use Planning and Economic Development actions
- Improve communication and public consultation with citizens
- Implement Economic Development Action Plans
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Key Performance Indicators: Land Use Planning Objective #1 Effective and efficient land use planning activity % Planning Recommendations Endorsed Success Rate at Ontario Municipal Board Economic Development Objective #2 Integrate Land Use Planning and Economic Development actions
Community Improvement Plan(s) Positive R.O.I. (10:1 ROI) K&P Trail Development to Sharbot Lake – 10.8 km complete from Tichborne by July 2017. Increase in the number of businesses in Frontenac specifically related to accommodation and local food (100 new beds/5 new businesses/5 years) Success rate in funding applications submitted (85:100)
Objective #3 Improve communication and public consultation with citizens
Increase in subscribers to County social media
Objective #4 Implement Economic Development Action Plan
Business leads/inquiries that advance beyond preliminary stage (15:100) Business Brand Ambassadors enlisted (100) Community Opportunities Grant R.O.I.
The key performance indicators for the Planning & Economic Development Department are intended to provide Council and the public with an indication that service delivery is on track. Respectfully Submitted,
Joe Gallivan Director of Economic Development
Anne Marie Young Manager of Economic Development
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BY-LAW NO. 2013-0020 OF THE CORPORATION OF THE COUNTY OF FRONTENAC being a by-law to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the Act) provides that Council shall pass a procedure by-law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238 (2.1) of the Act provides that the procedure by-law shall provide for public notice of meetings; AND WHEREAS By-law No. 2010-0028, being a bylaw to provide for governing the proceedings of the Council, the conduct of members and the calling of meetings was adopted by The Corporation of the County of Frontenac on November 17, 2010; AND WHEREAS The Corporation of County of Frontenac deems it expedient to repeal By-law No. 2010-0028 and all amendments thereto; NOW THEREFORE the Council for The Corporation of the County of Frontenac hereby enacts as follows:
- That the proceedings of all Council and Committee meetings, the conduct of members and the calling of meetings shall be in accordance with the procedures and rules as set out in Schedule A attached hereto and forming part of this bylaw;
- That By-law No. 2010-0028 and any amendments thereto are hereby repealed;
- That By-law No. 2012-0021 being a by-law to establish a Finance Committee and any amendments thereto are hereby repealed;
- That By-law No. 2011-0007 being a by-law to establish a Sustainability Advisory Committee and any amendments thereto are hereby repealed;
- That By-law No. 2011-0020 being a by-law to establish a Trails Advisory Committee and any amendments thereto are hereby repealed;
- That By-law No. 2011-0008 being a by-law to establish a 150th Anniversary Planning Advisory Committee and any amendments thereto are hereby repealed;
- That By-law No. 2011-0006 being a by-law to establish a Green Energy Task Force Advisory Committee and any amendments thereto are hereby repealed;
- That By-law No. 2011-0022 being a by-law to establish a Joint Accessibility Advisory Committee and any amendments thereto are hereby repealed;
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- That this by-law shall come into force and take effect on the date of final passing. Read a First and Second Time this 15th day of May, 2013. Read a Third Time, Signed, Sealed and Finally Passed this 15th day of May, 2013. The Corporation of the County of Frontenac
Janet Gutowski, Warden
K. Elizabeth Savill, Clerk
By-law No. 2013-0020 County of Frontenac Procedure By-law May 15, 2013
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Consolidated Copy Amendments Title
By-law No. 2014-0003 2014-0007 2014-0012 2014-0019 2014-0033 2014-0037 2015-0002 2015-0003 2015-0016 2015-0029 2016-0037
2015-0044
2015-0053 2016-0010 2016-0020 2016-0028
2016-0035
Establishment of a Seniors Task Force Township appointments to the Seniors Housing Task Force Township appointments to the Seniors Housing Task Force Updates and Housekeeping amendments Term of Appointments to Committees Schedule C5 – Youth Advisory Committee Amendments to Procedural by-law Change of Composition, 150th Anniversary Planning Advisory Committee To amend By-law No. 2013-0020 (Trails Advisory Committee Mandate) To establish the Community Development Committee To delete the Sustainability Advisory Committee, Trails Advisory Committee, and the 150th Planning Advisory Committee Being a by-law to amend By-law No. 2013-0020 being a bylaw to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings (Comprehensive Review) Being a by-law to amend By-law No. 2013-0020 (to Amend Schedule 11.1 Order of Business) To Amend By-law 2013-0020 (Closed Meeting Requirements) To Amend By-Law 2013-0020 as it Relates to the Establishment of a Planning Committee To Amend By-Law 2013-0020 as it Relates to the Establishment of an Administrative Building Design Task Force To amend By-law No. 2013-0020 (to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings) as it relates to the mandate of the Planning Advisory Committee
Date of Passage Jan. 15, 2014 Feb. 19, 2014 Mar. 19, 2014 Apr. 16, 2014 Jul. 16, 2014 Sep. 17, 2014 Jan. 21, 2015 Jan. 21, 2015 Mar. 18, 2015 July 15, 2015
Oct. 21, 2015
Dec. 16, 2015 Mar. 16,2016 Jun. 15, 2016 Aug. 24, 2016
Sep. 21, 2016
Committee Appointments 2013-0024 2015-0005 2015-0017
2015-0021
2015-0043
To Appoint members to various Committees To Appoint Council & Comm. Members to Advisory Committees To Appoint Members of Council and Members of the Community to Frontenac County Advisory Committees for the Term of Council (SHTF and TAC) Being a by-law to appoint Members of Council and Members of the Community to Frontenac County Advisory Committees for the Term of Council Being a by-law to amend By-law No. 2013-0020
By-law No. 2013-0020 County of Frontenac Procedure By-law May 15, 2013
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May 15, 2013 Jan. 21, 2015 Mar. 18, 2015
Apr. 15, 2015
Oct. 21, 2015
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2015-0056
2016-0011 2016-0035
(Appointment to the Community Development Advisory Committee) Being a by-law to amend By-law No. 2013-0020 (to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings) as it relates to appointments to Committees To amend By-law 2013-0020 (Appointment to Seniors Housing Task Force) being a by-law to amend By-law No. 2013-0020 (to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings)
Dec. 16, 2015
Mar. 16, 2016 Sept. 21, 2016
Office Consolidation – September 27, 2016
By-law No. 2013-0020 County of Frontenac Procedure By-law May 15, 2013
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CORPORATION OF THE COUNTY OF FRONTENAC BY-LAW NO. 2013-0020 – SCHEDULE A PROCEDURE BY-LAW INDEX
- .. Interpretation ……………………………………………………………………………………….. 7-9
- .. Application …………………………………………………………………………………………. 9-10
- .. Locations, Meeting Times and Notice of Regular Council Meetings ………………. 10
- .. Membership on Council ……………………………………………………………………… 10-11
- .. Election of Warden and Deputy Warden ………………………………………………. 11-12
- .. Meetings of Council …………………………………………………………………………… 12-14
- .. Special Meetings of Council ……………………………………………………………………. 14
- .. Emergency Meetings of Council ………………………………………………………….. 14-15
- .. Quorum for Council ……………………………………………………………………………….. 15
- Agenda ………………………………………………………………………………………………… 15
- Order of Business ……………………………………………………………………………… 15-16
- Council Minutes …………………………………………………………………………………….. 17
- Duties of the Warden …………………………………………………………………………. 17-18
- Duties of the Deputy Warden…………………………………………………………………… 18
- Duties of Members ……………………………………………………………………………. 18-19
- Disclosures of Pecuniary Interest ………………………………………………………… 19-20
- Deputations and/or Presentations ……………………………………………………….. 20-21
- Rules of Debate ………………………………………………………………………………… 21-22
- Motions ……………………………………………………………………………………………. 22-23
- Specific Motions ……………………………………………………………………………….. 23-25
- Notices of Motion …………………………………………………………………………………… 25
- Voting ……………………………………………………………………………………………… 25-27
- Public Question Period …………………………………………………………………………… 27
- Other Business ……………………………………………………………………………………… 27
- By-Laws …………………………………………………………………………………………… 27-28
- Committees ……………………………………………………………………………………… 28-31
- Amendment to the By-law ………………………………………………………………………. 31
- Conflict ………………………………………………………………………………………………… 31
By-law No. 2013-0020 County of Frontenac Procedure By-law May 15, 2013
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- Advisory Committees of County Council – Schedule B …………………………… 32-43 Schedule B1 – Joint Accessibility Advisory Committee …………………………… 32-33 (Schedule B2 – Trails Advisory Committee ……………………………………. 34 (Repealed by By-law 2014-0019 passed April 16, 2014) Schedule B3 – Sustainability Advisory Committee ………………………….. 34 (Repealed by By-law 2015-0044 passed October 21, 2015) Schedule B4 – 150th Anniversary Planning Advisory Committee ………. 34 (Repealed by By-law 2015-0044 passed October 21, 2015) Schedule B5 – Service Delivery and Organization Review Committee . 34 (Repealed by By-law 2015-0044 passed October 21, 2015)) Schedule B2 – Seniors Housing Task Force …………………………………………. 35-36 Schedule B3 – Community Development Advisory Committee ………………… 37-38 Schedule B4 – Planning Advisory Committee ……………………………………….. 39-41 Schedule B5 – Administrative Building Design Task Force ……………………… 42-43
- External Boards and Committees – Schedule C ……………………………………. 44-45 Schedule C1 – Kingston Frontenac Public Library Board …………………………….. 44 Schedule C2 – Kingston, Frontenac, Lennox & Addington Public Health, Board of Health ……………………………………………………………….. 44 Schedule C3 – Rural/Urban Liaison Advisory Committee (RULAC) ………………. 44 Schedule C4 – Algonquin Land Claim Municipal Advisory Committee …………… 44 Schedule C5 – Frontenac County Youth Justice Advisory Committee …………… 44 Schedule C6 – Rideau Corridor Landscape Strategy Steering Committee …….. 45 Schedule C7 – Housing and Homelessness Advisory Committee…………………. 45
- Schedule D – Council Liaisons ………………………………………………………………… 46
By-law No. 2013-0020 County of Frontenac Procedure By-law May 15, 2013
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Use of Pronouns Headings
Definitions
- Interpretation 1.1 Throughout this by-law, the words “he” and “his” shall, where appropriate, be deemed to read “she” and “her” 1.2 Headings are inserted in this by-law for ease of reference only and are not to be used as interpretation aids 1.3 In this by-law: (a) “Agenda” means the Order of the Day (b) “Briefings” A verbal update to County Council or Committees of County Council by County Staff or consultants to the County or someone with expertise who has been invited by County Council or Committee; (Amended by By-law 2015-0044 passed October 21, 2015) (c) “CAO” means the Chief Administrative Officer of The Corporation (d) “Chair” means the person presiding at a meeting (e) “Clerk” means means the Clerk of the County of Frontenac as required in the Municipal Act, 2001, and as appointed by By-Law. (Amended by By-law 2015-0044 passed October 21, 2015) (f) “Closed Meeting” means a meeting or a part of a meeting of Council or a Committee, which is not open to the public in accordance with the Municipal Act, 2001 and any amendments thereto (g) “Closed Meeting Investigator” means the body authorized by Council to investigate requests for a closed meeting investigation (h) “Committee” means any standing committee, subcommittee, advisory committee or task force established by County Council (i) “Committee Chair” means the person presiding at a Committee meeting (j) “Committee of the Whole” means a meeting of Council at which the rules in this by-law with respect to the number of times a member may speak to an issue do not apply, with the exception to Delegations (Amended by By-law 2015-0044 passed October 21, 2015) (k) “Committee Vice-Chair” means the Vice-Chair of a Committee, who shall act in the Chair’s absence (l) “Council” means the Council of the Corporation (m)“Corporation “means the Corporation of the County of Frontenac (n) “Deputant” means the presenter for the deputation in attendance at a Council or Committee meeting (o) “Deputation” means an address to Council or Committee made at the request of a person wishing to speak (p) “Deputy Warden” means the position appointed to fulfill the responsibilities of the Warden in his absence (q) “Ex Officio” means the Warden who by virtue of office shall
By-law No. 2013-0020 County of Frontenac Procedure By-law May 15, 2013
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be a member of all Committees and shall have the same rights and privileges as other members of the respective committee (r) “Holiday” means: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas Day, Boxing Day (s) “Integrity Commissioner” means the body authorized by Council to review complaints made with respect to the Code of Conduct for Members of County Council and Committees. (Amended by By-law 2015-0044 passed October 21, 2015) (t) “In Writing” means handwritten, typewritten or electronically displayed (u) “Majority Vote” means an affirmative vote of more than one half of the Members present and voting. (Amended by By-law 2015-0044 passed October 21, 2015) (v) “Meeting” means a majority of the Members of Council or Committee that comes together for the purpose of exercising the power or authority of the Council or Committee or for the purpose of doing the groundwork necessary to exercise that power or authority (w) “Member” means a Councillor of the Corporation and for Committees as defined in 1(h), shall mean a person appointed to the Committee (Amended by By-law 2015-0044 passed October 21, 2015) (x) “Minutes” means a record, without note or comment, of all resolutions, decisions and other proceedings of Council and Committee Meetings (y) “Motion to Call the Question” means a motion to close debate and bring Council to a vote on a pending question (z) “Motion to Defer” means a motion to delay consideration of a matter until later in the same meeting or to a future meeting of Council or a Committee (aa) “Motion to Receive” means a motion to acknowledge the particular item, report or recommendation under consideration and to have it placed in the records of Council with no additional action being taken (bb) “Motion to Refer” means a motion to dispose of a question under consideration, with or without any proposed amendment, in order to seek consideration by, and, if deemed desirable, one or more reports from any designated committee, body or official (cc) “Motion to Table” means a motion to postpone without setting a definite date as to when the matter will be considered again (dd) “Pecuniary Interest” means a direct or indirect pecuniary interest of a Member of Council within the meaning of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as By-law No. 2013-0020 County of Frontenac Procedure By-law May 15, 2013
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amended (ee) “Point of Order” means a question by a Member with a view to calling attention to any issue relating to the Procedure By-law or the conduct of Council’s business or in order to assist the Member in understanding Council’s procedures, making an appropriate motion, or understanding the effect of a motion (ff) “Point of Privilege” or “Personal Privilege” means a question by a Member who believes that another Member has spoken disrespectfully towards that Member or another Member or who considers that his integrity or that of a Member or County official has been impugned or questioned by the Member (gg) “Present” means physically in attendance at the meeting (hh) “Presentation” means an address to Council or Committee at the request of Council, a Committee or staff (ii) “Quorum” as it relates to Council and its Committees means a majority of the members (jj) “Recorded Vote” means a written record to be included in the minutes of the meeting of the name and vote of every Member voting on any matter or question (kk) “Resolution” means the decision of Council or its Committees on any motion (ll) “Time Sensitive Items” means those items on the agenda or addendum where action must be taken prior to the next regularly scheduled meeting of County Council; (mm) “Two-thirds majority vote” means an affirmative vote of at least two-thirds of the Members present. (Amended by By-law 2015-0044 passed October 21, 2015) (nn) “Warden” means the Head of Council of The Corporation 2. Application 2.1 General
2.2
Purpose and Intent
The rules of procedure set out in this by-law shall govern all proceedings of Council and its Committees. Any part or parts of this by-law may be suspended, by resolution clearly indicating the purpose and intent of the suspension, if agreed upon by two-thirds majority vote of the Members present, provided the motion is in order. The purpose of this By-law is to seek to achieve consensus in an orderly and principled manner and the rules of this By-law are based on the principle that: a) The majority of members have the right to decide; b) The minority of members have the right to be heard; c) All members have the right to information to help make decisions, unless otherwise prevented by law; d) Members have the right to an efficient meeting;
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Statutory Requirements
Rules of Order not Covered
Date of Inaugural Session
Clerk to Act as Chair
Council Meeting Dates & Locations
Notice to Members
Notice to Media, Constituent Municipalities and Public
e) All members have the right to be treated with respect and courtesy; and f) All members have equal rights, privileges and obligations. (Amended by By-law 2015-0044 passed October 21, 2015) 2.3 Notwithstanding anything in this by-law, where Council or a Committee convenes for the purpose of holding a meeting as required by any statute, the provisions of the statute and the Statutory Powers Procedure Act, as applicable, shall govern the proceedings. 2.4 Any provision not made in this by-law shall be decided in accordance with Robert’s Rules of Order and the Chair shall submit the ruling without debate. 3. Locations, Meeting Times and Notice of Regular Meetings of Council 3.1 The Council shall, in accordance with this by-law, hold its first Meeting on the third Wednesday in December at 9:30 a.m., unless otherwise directed by a resolution of Council. (Amended by By-law 2015-0044 passed October 21, 2015) 3.2 The election of Warden and Deputy Warden shall be the first Agenda items of the inaugural Meeting of Council, and the Clerk shall act as Chair until the Warden and Deputy Warden are elected. (Amended by By-law 2014-0019 passed April 16, 2014) 3.3 Regular meetings of County Council shall take place on the third Wednesday of the month at 9:30 a.m. at the County Administrative Offices unless otherwise directed by a resolution of Council. (Amended by By-law 2014-0019 passed April 16, 2014) (Amended by By-law 2015-0044 passed October 21, 2015) 3.4 Notice of regular Meetings, including agendas, minutes, and supporting documents shall be provided via electronic mail by the Friday preceding the date of the Council Meeting. Alternative formats shall be made available upon request of the member. Notice may be provided by telephone or personal contact in case of an emergency. 3.5 Notice of regular Meetings shall be given by posting agendas and supporting documentation on the County’s web site. In the event an agenda is amended, it shall be reposted as an amended agenda. To meet accessibility needs, alternative formats shall be made available upon request. 4. Membership on Council 4.1
Certificate of Election Declaration of Office
4.2
No person shall take a seat on Council until the Clerk has received the certificate of election from the Clerk of the lower tier municipality as established by Section 232 of the Municipal Act, 2001 and amendments thereto. In accordance with the provisions of Section 232 of the Municipal Act, 2001 and amendments thereto, no person shall
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4.3
Appointment of Alternate Member
take a seat on Council until the person takes the Declaration of Office in the form established by the Minister for that purpose. The Clerk shall administer the Declarations of Office. Pursuant to Section 267 of the Municipal Act, 2001 and amendments thereto, if a Member of County Council is unable to act as a Member of County Council for a period exceeding one month, the local municipal council may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of County Council. The Alternate Member shall not take his seat on County Council until the Clerk of the County has received a certified copy of the appointment by-law passed by the lower tier municipality naming the Alternate.
- Election of Warden and Deputy Warden Term of Office Election of Warden and Deputy Warden Eligibility to hold office of Warden and Deputy Warden Presiding Officer Nominations Candidates Stand for Election Nominators to Speak Candidates to Speak Secret Ballot
5.1 5.2
5.3
5.4 5.5 5.6
5.7
5.8 5.9 5.10
Number of Votes 5.11 Tie for Lowest Member of Votes
Equality of Votes
5.12
The term of office of the Warden and Deputy Warden shall be 1 year unless re-elected to remain in Office by Council. The election of the Warden and Deputy Warden shall be held each year at the December County Council meeting (Amended by By-law 2015-0044 passed October 21, 2015) Only the Mayors of the Townships are eligible to hold the office of Warden and Deputy Warden.
The election of the Warden shall be conducted by the Clerk. Nominations shall be received until Council by Motion closes the nominations. Once nominations have been closed, the Clerk shall determine the willingness of each candidate nominated to stand for election. Each mover and seconder of those candidates who stand for election shall be entitled to speak once in support of their candidate for a maximum of five minutes. Each candidate who stands for election may make a presentation to Council, not to exceed five minutes in duration. The election of the Warden shall be by secret ballot under the authority and the direction of the Clerk. Pursuant to Section 233 of the Municipal Act, 2001 and amendments thereto, for the purposes of election of Warden, each Member of County Council shall have one vote. If no candidate for Warden receives a majority of the votes cast, the candidate receiving the fewest votes shall be eliminated from the next secret ballot. In the case of a tie for the fewest votes, there will be a second vote of the candidates that tied to determine which candidate will be eliminated from the ballot. In the case of an equality of votes for Warden, the successful
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5.13 Acclamation of Warden Election of Deputy Warden Destruction of Ballots
5.14 5.15
candidate shall be determined by the Clerk placing the names of the candidates on equal size pieces of paper in a receptacle and one name shall be drawn by a person named by the Clerk. The successful candidate shall be the one whose name was drawn. (Amended by By-law 2015-0044 passed October 21, 2015) Where only one person is nominated for Warden and nominations have been closed by resolution, the Clerk shall declare that person elected to the office in question, by acclamation. (Amended by By-law 2015-0044 passed October 21, 2015) The same process shall be followed for the election of the Deputy Warden as for the Warden. All ballots shall be destroyed by shredding them following the election of Warden and Deputy Warden.
- Meetings of Council 6.1 Protocols for Beginning Session
Clerk to be in Attendance at all Meetings of Council
6.2
6.3 Recording of Council Meetings
6.4
Committee of the Whole
6.5 6.6 Closed Meetings
At the hour appointed, when a Quorum is present, the Warden shall take the Chair and call Council to order. The Clerk shall record in the minutes attendance of Members of County Council, County Staff, Members of Township Councils, Township Staff and Media. If a Member of Council arrives late or leaves before final adjournment, the Clerk shall note the time of arrival or departure in the minutes. The Clerk shall be in attendance at all times for a Meeting of Council to be properly constituted. In addition, the Clerk shall be free of potential conflicts and independent of the proceedings. Members of the public, including accredited and other representatives of any news media, may use cameras, recording equipment, television cameras, and any other devices of a mechanical, electronic, or similar nature to transcribe or record Council Meetings. These devices may not be used in such a way as to obstruct the proceedings of the Meeting. Council may meet as Committee of the Whole to consider any matter it decides. Council may meet as Committee of the Whole during a regular Meeting of Council if included on the agenda. Council may meet as Committee of the Whole during a regular Meeting when it is not included on the agenda by way of motion and a 2/3 vote of the members who are present and voting. Council may also hold a separate Meeting to meet as Committee of the Whole should the need arise. If a separate meeting is required, Committee of the Whole meetings will be held on the first Wednesday of the month. Repealed by By-law 2015-0002 All regular and special Meetings of Council shall be open to the public, except that a Meeting or part of a Meeting may be closed to the public if the subject matter being considered
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relates to: a) The security of the property of the municipality or local board; b) Personal matters about an identifiable individual, including municipal or local board employees; c) A proposed or pending acquisition or disposition of land by the municipality or local board; d) Labour relations or employee negotiations; e) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) A matter in respect of which a council, board, committee or other body may hold a closed Meeting under another Act; h) The Meeting is held for the purposed of educating or training the members and at the Meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decisionmaking of the council, local board or committee. Other criteria A meeting or part of a meeting shall be closed to the public if the subject matter being considered is, (a) a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or (b) an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, or the investigator referred to in subsection 239.2 (1) of the Municipal Act.: (Amended by By-law 2016-0010, passed March 16, 2016) 6.7 Written Resolution for Closed Meetings 6.8 Introducing New Business at a Closed Meeting
A written resolution outlining the general nature of the subject matter is required before going into a closed Meeting and in the case of a closed Meeting held under 6.5(h), the resolution shall state the general nature of the subject matter to be discussed. If a member of Council wishes to introduce new business at a closed Meeting, it must be introduced in open session and then confirmed at the adoption of the agenda. When the Council resolves into a closed session, the Council member advise on the nature of the new business and the County
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Closed Meeting Documentation to Remain Confidential Closed Meeting Investigations
6.9
6.10
Council, by majority vote, will determining if the matter will be dealt with in the closed session. No debate on the issue will take place until the motion to deal with the new business has been decided in the majority. (Amended by By-law 2015-0044 passed October 21, 2015) All information, documentation and/or deliberations received, reviewed or taken in a closed Meeting, including agendas and minutes shall, remain confidential and shall not be released to the public. Upon receipt of a request for a closed Meeting investigation, the Clerk shall refer the matter to the Closed Meeting Investigator.
- Special Meetings of Council Warden’s Request Request by Members Responsibility for Notice Minimum Notice Items of Business
7.1 7.2
7.3 7.4 7.5 7.6
Validity of Meeting 7.7 Notice to Media, Constituent Municipalities and Public 7.8 Joint Council Meetings
The Warden may, at any time summon a Special Meeting of Council. The Clerk shall, upon receipt of a written petition of the majority of the Members, call a Special Meeting for the purpose and time mentioned in the petition. The Clerk shall provide all Members with at least forty-eight (48) hours notice of a Special Meeting. Minimum Notice shall consist of a telephone message to all Members followed by an electronic Notice and Agenda. The only business to be dealt with at a Special Meeting is that which is identified in the Notice of the Meeting. The lack of receipt of a Notice or of an Agenda for a Special Meeting by any Member shall not affect the validity of the Meeting or any action taken thereat. Notice for Special Meetings of Council shall be posted as soon as practical after being established on the County’s web site. Agendas and supporting documentation shall be posted as soon as practical prior to the Special Meeting and in the event an agenda is amended, it shall be re-posted as an amended agenda. County Council may host a joint Meeting of the constituent lower tier Municipal Councils and County Council for a topic(s) that is common to all municipalities within the County. These Meetings shall be considered Special Meetings of County Council and procedural rules as outlined in this by-law shall apply.
- Emergency Meetings of Council 8.1 Warden’s Authority
Notwithstanding any other provision of the By-Law, an Emergency Meeting to deal with an emergency or extraordinary situation may be called by the Warden without written notice, provided that an attempt has been made by the Clerk to notify the Members about the Meeting as soon as possible and in the most expedient manner available.
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8.2 Items of Business 8.3 Validity of Meeting Notice to Media and Public
8.4
No business except business dealing directly with the emergency or extraordinary situation shall be considered at the Emergency Meeting. The lack of receipt of a Notice or of an Agenda for an Emergency Meeting by any Member shall not affect the validity of the Meeting or any action taken thereat. Notice and supporting documentation shall be posted on the County’s web site as soon as practical.
- Quorum for Council 9.1 Quorum – Council 9.2 No Quorum at Beginning Loss of Quorum During Meeting
9.3
9.4 No Quorum Possible Responsibility of Notice
9.5 9.6
Municipal Conflict of Interest Act
Quorum as it relates to Council shall consist of a majority of the members. (Quorum for Frontenac County Council is 5 members) provided that such number is not less than two. (Amended by By-law 2015-0044 passed October 21, 2015) If a quorum is not present at a scheduled Meeting fifteen (15) minutes after the scheduled commencement time, the Meeting shall stand adjourned until the date of the next regular Meeting and the Clerk, shall record the names of the Members present. If a quorum is lost during a Meeting then the Meeting shall stand adjourned and all unfinished business shall be carried forward to the next Meeting. Should it become known in advance of a regularly scheduled or special Meeting of Council that a quorum of members will not be present, or due to inclement weather, the Warden shall cancel the Meeting and reschedule it for the earliest possible time. The Clerk shall provide all Members with at least forty-eight (48) hours notice of a rescheduled Meeting. Notwithstanding Section 9.3, where the number of Members, who by reason of the provisions of the Municipal Conflict of Interest Act, are prohibited from participating in a Meeting is such that, at that Meeting, the remaining Members are not of sufficient number to constitute a quorum, then the remaining number of Members shall be deemed to constitute a quorum.
- Agenda 10.1 General
Agenda Items due to Clerk
10.2
The Clerk, in consultation with the Warden, shall have prepared and delivered to the Members a minimum of five days prior to the Meeting of Council an electronic agenda, including staff reports, by-laws and background information, for their review and consideration in accordance with Section 3.4 of this By-Law. All items of business for the agenda of a regular Meeting of Council shall be received by the Clerk’s Department by 4:00 p.m. 12 days prior to the date of the meeting.
- Order of Business Agenda Order
11.1
The business of Council shall be taken in the order in which it stands upon the agenda as follows:
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11.2 Unfinished Business
11.3 Briefings
Closed Meeting Agenda Disclosure of Pecuniary Interest and General Nature Thereof Adoption of Minutes Deputations and/or Presentations Proclamations Move into Committee of the Whole Briefings Unfinished Business Recommend Reports from the Chief Administrative Officer Information Reports from the Chief Administrative Officer Reports from Council Liaison appointees Reports from External Boards and Committees Reports from Advisory Committees of County Council Return to Council Adoption of the Report of the Committee of the Whole Motions, Notice of Which has Been Given Giving Notice of Motion Communications Other Business Public Question Period By-laws – General By-laws and Confirmatory By-law Adjournment
Approval of the Addendum, if required, directly follows Closed Meeting, with a 2/3 vote of the members present and voting. (Amended by By-law 2014-0019 passed April 16, 2014) (Amended by By-law 2015-0002 passed January 21, 2015) (Amended by By-law 2015-0044 passed October 21, 2015) (Amended by By-law 2015-0053 passed December 16, 2015) When any business matter from an agenda is left unresolved at the time of adjournment, either for want of a quorum or otherwise, such business shall be taken up in succession at the next Meeting of the Council as unfinished business, or at a Special Meeting of Council as summoned by the Warden pursuant to Section 7.1. (Amended by By-law 2015-0044 passed October 21, 2015) Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda. If a briefing is expected to be in excess of 10 minutes, the agenda will note the length of time the briefing is expected to last. (Amended by By-law 2014-0019 passed April 16, 2014) (Amended by By-law 2015-0044 passed October 21, 2015)
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- Council Minutes 12.1 Minutes Content 12.2 Adoption of Minutes
The minutes of Council as taken by the Clerk, shall consist of a record of all proceedings taken in the Council and pursuant to the Municipal Act, 2001 and any amendments thereto, shall be without note or comment. Minutes of all open Meetings of Council shall be adopted at the next regular Meeting of Council and the Warden and Clerk shall then sign such minutes. Minutes of all closed Meetings of Council shall be adopted at the next closed Meeting of Council and the Warden and Clerk shall then sign such minutes. Members of County Council may ask questions of clarification of the minutes.
- Duties of the Warden 13.1
Responsibilities
13.2 Expulsion
Warden to Participate in Discussion
13.3
In addition to the responsibilities of the head of council as set out in the Municipal Act, 2001 and any amendments thereto, it shall be the duty of the Warden: a) To preserve order and decorum and decide all questions of order, subject to an appeal to the Council b) To receive and submit, in the proper manner, all motions presented to the Members of the Council c) To put to vote all questions which are properly brought before Council or necessarily arise in the course of proceedings, and announce the results d) To rule on all procedural matters, without debate or comment e) To decline to put to a vote motions which do not comply with the rules of procedure, or which are not within the jurisdiction of Council f) To restrain the Members, within the rules of order, when engaged in debate g) To call by name any Member persisting in breach of the rules of order of the Council and may order the Member to vacate the Council Chamber h) To adjourn or suspend the Meeting if the Warden considers it necessary because of grave disorder i) To authenticate, by signature, all by-laws, resolutions and minutes of the Council; j) To represent and support the Council, declaring its will and implicitly obeying its decisions in all things. The Warden may expel or exclude from any Meeting any person or Member whom the Warden feels has exhibited improper conduct during a Meeting of Council. a) The Warden (or Chair) may ask or answer questions and comment in a general way without ceding the chair. b) If the Warden (or Chair) wishes to speak on a motion or take a definite position and try to persuade Council to
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Absence of Warden
Absence of Warden and Deputy Warden Voting
support that position, then the Warden (or Chair) must call on the Deputy Warden (or Vice-Chair of a Committee) to take over the chairing of the Meeting until the Warden has finished speaking. c) If the Warden (or Chair) wishes to make a motion, then the Warden (or Chair) must call on the Deputy Warden (or Vice-Chair) to chair the Meeting until the motion has been resolved. 13.4 If the Warden does not attend a Meeting of Council within fifteen (15) minutes after the time appointed, the Deputy Warden shall preside until the arrival of the Warden and the Deputy Warden shall have vested in him all the powers as given by this by-law to the Warden while presiding at the Meeting. 13.5 In the absence of the Warden and the Deputy Warden, the Clerk shall convene the Meeting until a Chair, chosen by the Council shall preside during such absence and shall while in the Chair have vested in him all the powers as given by this By-Law to the Warden. 13.6 The Warden may vote on any matter at his discretion with the exception of a recorded vote at which time voting is required. 14. Duties of Deputy Warden (Added by By-law 2015-0002) 14.1 In addition to the responsibilities of performing the duties of the Head of Council in the absence of the Warden:
Responsibilities
14.2
- Act as Chair of the Committee of the Whole.
- Be prepared to assume the duties of the Warden.
- Meet regularly with the Warden to be briefed on political matters such as the work of the Eastern Ontario Wardens Caucus.
- Support and attend meetings of a political nature at the request of the Warden.
- Be generally familiar with executive requirements of the County. The duties of the Deputy Warden do not include ex officio responsibilities on Committees. Other than noted above, appointment to the position of Deputy Warden does not confer any additional powers or duties upon the incumbent in the general execution of duties defined as a County Councillor.
Clarification
- Duties of Members 15.1 Legislative Responsibilities
It is the role of Members of County Council: a) To represent the public and to consider the well-being and interests of the County; b) To develop and evaluate the policies and programs of
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15.2
Prohibitions
the County; c) To determine, as applicable, which services the County provides; d) To ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council; e) To ensure the accountability and transparency of the operations of the County, including the activities of the senior management of the County; f) To maintain the financial integrity of the County; and g) To carry out the duties of Council under the Municipal Act or other Act. No Member shall: a) Speak disrespectfully of any Member of Federal or Provincial parliaments, the Council, any constituent municipality, any member or any official or employee of the County; b) Use offensive words or unparliamentary language; c) Speak in a manner that is discriminatory in nature on the basis of the individual’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability; d) Engage in private conversation while in the Council Meeting or use electronic devices (including but not limited to BlackBerrys, cellular phones or pagers) in a manner which interrupts the proceeding of the Council; e) Leave his seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced; f) Speak on any subject other than the subject under debate; g) Where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of deliberations of the closed Meeting; h) Criticize any decision of the Council except for the purpose of moving that the question be reconsidered; or i) Disobey the rules of the Council or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. In case a Member persists in any such disobedience, after having been called to order by the Warden, the Warden shall not recognize that Member, except for the purpose of receiving an apology from the Member tendered at the Meeting or any subsequent Meeting.
- Disclosures of Pecuniary Interest Method of Disclosure
16.1
Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct
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16.2 Closed Meetings
16.3 Absence – Disclosure at Next Meeting
Record of Disclosure
16.4
or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall, in accordance with the Municipal Conflict of Interest Act: a) Prior to any consideration of the matter at the Meeting, disclose the Member’s interest and the general nature thereof; and b) Not take part in the discussion of, or vote on any question in respect of the matter, and c) Not attempt in any way whether before, during or after the Meeting to influence the voting on the matter. Where a Meeting is not open to the public, in addition to complying with the requirements of the Municipal Conflict of Interest Act, the Member shall forthwith leave the Meeting or the part of the Meeting during which the matter is under consideration. Where the interest of a Member has not been disclosed by reason of the Member’s absence from a particular Meeting, the Member shall disclose the Member’s interest and otherwise comply at the first Meeting of the Council or Committee, as the case may be, attended by the Member after the particular Meeting. The Clerk shall record in reasonable detail the particulars of any disclosure of pecuniary interest made by a Member, and this record shall appear in the Minutes of that Meeting.
- Deputations and/or Presentations 17.1 Request for Deputation 17.2 Deputation Material 17.3 Authority to Approve or Deny 17.4 New Information Only Exceptions to Ten Days’ Notice Requirement Time Limits
17.5
17.6
Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not less than ten days preceding the Council Meeting at which such person desires to be heard. In order to be scheduled as a deputation before Council, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the Council Meeting. The Clerk, in consultation with the Warden, shall have the authority to deem a deputation inappropriate or outside the scope of Council authority and deny the item a place on the agenda. Except as required by law, any person appearing before Council or a Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances. Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk. Each deputation shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion
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Number of Deputations Number of Speakers Addressing the Warden
17.7 17.8 17.9 17.10
Behaviour
17.11 Curtailment of Time 17.12
Conduct
of the Warden. A maximum of two (2) deputations may address Council per Meeting. The number of speakers for one deputation shall be limited to two, unless authorized by Council resolution. All deputants shall address the Warden, shall state their name and whom they represent. No deputant shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Warden or Council. The Warden may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Warden rules that the deputation is concluded, the person or persons appearing shall withdraw. Members of the public who constitute the audience at a Meeting, shall not: a) Address Council or Committee without permission; b) Bring signage, placards or banners into such Meetings and refrain from any activity or behavior that would affect the Council deliberations.
- Rules of Debate Recognition of Member
18.1
18.2 Order of Speakers 18.3 Interruptions 18.4 Read Motion Five Minutes
18.5 18.6
Speak Once
Questions
18.7
To address Council, a Member shall request to speak, be recognized by the Warden and direct all comments through the Warden. When two or more Members indicate their desire to speak at the same time, the Warden shall designate the order of speakers. When a Member is speaking, no other Member shall interrupt the Member speaking, except to raise a point of order, privilege or personal privilege. Any Member may require a motion or question under discussion to be read at any time during the debate, but not so as to interrupt the Member speaking. No Member shall speak for longer than five minutes on a question without Council’s permission. No Member shall speak more than twice to the same question without Council’s permission, except that a reply shall be permitted only from a Member who has presented the main motion. (Amended by By-law 2015-0044 passed October 21, 2015) A Member may ask a question only for the purpose of obtaining information relating to the matter under discussion
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18.8 Points of Order and Privilege
Warden to Rule on Point Challenge Decision Final Idem
18.9
18.10 18.11 18.12
and the question shall be stated succinctly and asked only of the Warden, the previous speaker or County staff. When a Member rises on a point of order, point of privilege or point of personal privilege, the Member shall ask leave of the Warden to raise the point. After leave is granted, the Member shall state the point to the Warden and then remain silent until the Warden has ruled upon the point. Subject to being overruled by Council on a vote which shall be taken immediately and without debate, the Warden shall rule on the point. Any Member may challenge the ruling of the Warden immediately following the ruling. The Warden’s ruling is final unless it is challenged. Council’s decision is final if the Warden is challenged.
- Motions 19.1 Jurisdiction 19.2
Putting a motion on the agenda
Motions for which Notice has not been given
19.3
19.4 Withdrawal of Motions 19.5
Motions Introduced Orally
A motion or notice of motion in respect of a matter which is not within the jurisdiction of Council shall not be in order and shall not be considered by Council. a) Motions introducing new matters must be in the hands of the Clerk by Noon on the Friday prior to the regular County Council or Committee Meeting for inclusion on the agenda. b) Every motion must be in writing and have a mover and seconder before being submitted to the Clerk for inclusion on the agenda. c) All motions will be placed in the order in which they are received. Motions for which notice has not been previously given shall only be considered if agreed upon by a two-thirds majority vote of the Members present. After a motion has been proposed and seconded, and placed in the hands of the Warden, it shall be considered to be in the possession of Council but may be withdrawn with the consent of the mover and the support of a majority of Council. The following may be introduced orally without written notice and without leave of Council: a) A point of order, privilege or personal privilege b) Presentation of petitions c) A motion to waive or suspend the rules of procedure d) A motion to recess e) A motion to adjourn f) A motion to call the question g) A motion to separate the question h) A motion that Council resolve itself into a closed Meeting i) A motion to receive an item j) A motion to table an item k) A motion to lift from the table l) A motion to refer m) A motion to defer
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Motions to be in Writing
19.6 19.7
Motions to be Seconded Motion to Refer Takes Precedence over Amendments
19.8
19.9 Mover May Vote in Opposition 19.10
Motion to continue past 1 p.m.
n) A motion to amend, and o) A motion to adopt a recommendation. Except as provided in Section 18.5, all motions and notices of motion shall be in writing. A motion shall be moved and seconded before being open for discussion and consideration. Motions under Sections 19.5 (a) and (b) do not require a seconder. (Amended by By-law 2015-0044 passed October 21, 2015) A motion to refer, until it is decided, shall precede all amendments of the main question. A member may move a motion in order to initiate discussion and debate and that Member may vote in opposition to the motion. A seconder of a motion may also vote in opposition to the motion. a) A motion carried by a two-third vote of the members present and voting will extend the meeting. b) At 12:45 p.m. the Warden will ask if Council wishes to proceed beyond 1:00 p.m. A motion put forward must stipulate the purpose of the extension (i.e. to complete the agenda in its entirety, or a certain portion of the agenda, or that the extension is for a specific period of time). c) If a two-thirds vote is not achieved to extend the meeting, Council will consider the time sensitive items, and at 12:55 p.m. Council will move directly to by-laws. (Amended by By-law 2015-0044 passed October 21, 2015)
- Specific Motions 20.1 Recess 20.2
Adjourn
20.3 Call the Question
Motion to Table (postpone indefinitely)
20.4
a)
A motion to recess is debatable; however debate is restricted to the length of time of the recess only. b) A motion to recess is amendable; however any amendment shall refer to the length of time of the recess only.
- A motion to adjourn the Council Meeting is not debatable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting, or d) when a Member has indicated to the Warden his desire to speak on the matter before Council.
- A motion to adjourn shall take precedence over any other motion. a) A motion to call the question is not debatable and shall be put immediately. b) A member who moved a motion to call the question shall not be allowed to speak to the question again if the motion is decided in the negative. A motion to table: a) is not amendable; b) shall apply to the motion and any amendments under
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20.5
Refer
20.6 Defer (postpone to a certain time) 20.7
Amendment
Receive
20.8 20.9
Reconsideration
Reconsideration – General
20.10
debate when the motion to table is made; c) is debatable; however debate may go into only the reasons why the motion should or should not be dealt with at this time; d) if the motion to table carries, in the absence of any direction from Council, the matter may not be discussed until a Member through a Notice of Motion, brings it forward to a subsequent Meeting. A motion to refer: a) is amendable; b) is debatable; c) shall include the name of the Committee or official to whom the motion or amendment is to be referred; and d) shall include the terms upon which it is to be referred and time or period, if any, on or within which the matter is to be returned. A motion to defer: a) is debatable; b) is amendable; c) shall include the time to or period within which, consideration of the matter is to be deferred; and d) shall include an explanation to demonstrate the purpose of the motion to defer. A motion to amend: a) is debatable b) only one motion to amend a motion shall be on the floor at any one time c) shall receive disposition of Council before a previous amendment to the question d) shall not be amended more than once before voting e) shall be relevant to the question to be received f) shall not be received proposing a direct negative to the question g) may propose a separate and distinct disposition of a question h) shall be put in the reverse order to that in which it is moved. A motion to receive, moved after the main motion, is debatable and shall be treated as an amendment to the main motion. A motion to reconsider a matter within one year following the decision of the Council shall be in order to permit correction of hasty, ill-advised or erroneous action or to take into account added information or a changed situation that has developed since the taking of the vote. A motion to reconsider is not in order if the provisions of the original motion have been partly carried out or involve a contract were the party to the contract has been notified on the outcome. a) A motion to reconsider is debatable; b) No discussion of the main question shall be allowed until
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the motion for reconsideration is carried by a two-thirds majority vote of the members present; c) Once the question is reopened, it is reopened in its entirety unless the reopening motion specifies otherwise; d) If the question is reopened, all previous decisions of the Council remain in force unless the Council decides otherwise; e) No motion to reconsider may, itself, be the subject of a motion to reconsider. 21. Notices of Motion 21.1 Timing of Notice
Notice of Motion – Disclosure of Subject Matter
21.2
21.3 Committees
A notice of motion shall be given in accordance with the Agenda of Council and shall be in writing and shall include the name of the mover and seconder. The Clerk will read any notices of motion at the designated point on the Agenda; however they will form part of the Agenda for the subsequent Meeting of Council. Any Member giving a Notice of Motion shall disclose the subject matter of the motion. Any notice of motion, the subject matter of which falls within the mandate of a Committee, shall be referred directly to that Committee by the Council unless the Council determines that it should not be first considered by the Committee, for reasons of emergency, health, safety or legal deadline.
- Voting 22.1
Order of Votes
Members Shall Vote
22.2
22.3 Number of Votes
Motions relating to an item under consideration shall be voted on in the following order: a) A motion to waive or suspend the rules of procedure b) A motion to adjourn c) A motion to recess d) A motion to receive an item e) A motion to call the question f) A motion to defer g) A motion to refer h) A motion to amend, in reverse order of its being placed i) A motion to table an item j) The main motion. Every Member present at a Meeting of Council where a question is put shall vote on the question, unless prohibited by statute, in which case the Clerk shall so record. Subject to the exception under Section 5,8 above, every Member present at a Meeting of Council where a question is put shall have 1 vote except for the Mayor of South Frontenac who shall have 2 votes. If the Mayor of South Frontenac is absent at a Meeting, the other Councillor representing South Frontenac shall only have 1 vote.
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Warden to State the Question
22.4
22.5 Method of Voting 22.6 Actions During Vote
22.7 Split Votes 22.8 No Vote Deemed Negative Warden Majority Vote Equality of Votes
22.9 22.10 22.11 22.12
Two-Thirds
22.13 Recorded Vote
Clerk to Announce
22.14
Immediately preceding the taking of a vote, the Warden shall state, if requested, the question in the precise form in which it will be recorded in the minutes. A Member shall vote by raising a hand or otherwise indicating the Member’s vote, except where a recorded vote is requested. When the Warden calls for the vote on a question, a) Each Member shall occupy his seat and shall remain in place until the result of the vote has been declared by the Warden, and b) During this time no Member shall walk across the room or make any other motion or speak to the question or any other Member or make any noise or disturbance. Upon the request of any Member, and when the Warden is satisfied that a matter under consideration contains distinct proposals, the vote upon each proposal shall be taken separately. If any Member present does not vote at a Meeting of the Council where a question is put and a recorded vote taken, he shall be deemed to vote in the negative except where the Member is prohibited from voting by statute. The Warden may vote on any question and shall vote in the case of recorded votes. All decisions of Council shall require a majority vote except as otherwise set out in this By-Law. Any motion that receives a tie vote shall be deemed to have been decided in the negative. The following decisions of Council require a two-thirds majority vote: a) A motion to consider a report or by-law that does not relate to a matter listed on the Agenda; b) A motion to consider a matter previously postponed indefinitely or to a time or eventuality that has not been reached or occurred under Section 20.4 of this By-Law; c) A motion to reconsider a question decided within the previous year under Section 20.10 of this By-Law; d) A motion to suspend the provisions of the By-Law under Section 2.1 of this By-Law; e) A motion to call the question under Section 20.3 of this By-law. (Amended by By-law 2015-0044 passed October 21, 2015) A request for a recorded vote by a Member present at the Meeting shall be made prior to the commencement of the vote being taken or immediately thereafter. When a recorded vote is requested by a Member, the Clerk shall record the name and vote of every Member on the question using alphabetical order by last name for order of voting with the Warden voting last. The Clerk shall announce the result of the vote.
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Results of Vote Request for Further Vote
22.15
If a Member doubts the results of a vote as announced by the Clerk, the Member may call for the vote to be taken again and the Warden shall request that the Members shall vote again.
- Public Question Period 23.1 Questions/Comme nts from the Public
Council will entertain questions and/or comments from the public at each Meeting at the designated point on the agenda as time permits. Questions and/or comments must pertain to an item on the agenda for that meeting unless Council directs otherwise by resolution.
- Other Business Items to be Considered for Other Business with Prior Notice
24.1
24.2
Items to be Considered for Other Business without Prior Notice
Miscellaneous Business/Motions that do not warrant a staff report may be placed on the agenda under Other Business provided that the business is posted on the agenda with supporting documentation. (Added by By-law 2014-0019 passed April 16, 2014) Statement by Members – When a Councillor(s) wishes to inform Council of a matter that does not require action or consideration by Council, such information may be announced under Other Business. Matters of Urgency – When a Councillor(s) wishes to inform Council of a matter that must be considered immediately, due to extreme time constraints, Council shall determine if the matter is admissible and requires immediate action by Council, by a two-thirds majority vote. Only matters of urgency, ruled admissible by Council, shall be considered by Council without prior notice.
- By-Laws Introduction Three Readings By-Laws Taken as Read Separate Vote Pass at One Meeting
25.1 25.2 25.3
25.4 25.5 25.6
Confirmatory Bylaw
Amendments
25.7
All by-laws shall be introduced by motion specifying the title thereof. Every by-law shall have three readings prior to being passed. By-laws shall be taken as read for the first, second and third readings unless otherwise decided by a majority vote of Council. By request of any Member, any by-law(s) may be discussed or voted on individually. A by-law may be passed through all its stages and be finally passed at one Meeting. The proceedings of every Meeting of Council shall be confirmed by by-law at each Meeting in order that every decision of Council in that year and every resolution thereof shall be of the same force and effect as if each and every one of them had been the subject matter of a separate by-law duly enacted. All amendments to any by-laws approved by Council shall be deemed to be incorporated into the by-law and if the by-law is
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25.8 Authorization
enacted by Council, the amendments shall be recorded by the Clerk. Every by-law once passed shall be numbered with a progressive number in the following form: four digits for the year, dash, four digits for the by-law number, (e.g. By-law No. 2010-0001 shall be the first by-law number in the year 2010), dated, duly signed by the Warden and Clerk and the Clerk shall affix the seal of the Corporation thereto.
- Committees 26.1 Council’s Role 26.2 Advisory Committees of County Council – Schedule B
26.3 External Boards and Committees – Schedule C Appointment/Nomi nees to Other Boards
26.4
26.5 Eligible Appointees 26.6
Term of Appointment
26.7 Election of Chairs and Vice-Chairs
Council shall determine the appropriate number of Committees, their membership, mandates and reporting practices. The composition and terms of reference for Advisory Committees are in accordance with Schedule B, attached hereto and forming a part of this By-Law as follows: Schedule B-1 Joint Frontenac Accessibility Advisory Committee Schedule B-2 Community Development Advisory Committee (Amended by By-law 2014-0019) (Amended by By-law 2015-0044 passed October 21, 2015) The Committees to which County Council makes appointments, but are not Committees of County Council, is included in Schedule C. These Committees are bound by the rules established by their governing body and do not abide by the County’s Procedural By-law. Appointments and nominees to other boards, such as the KFL&A Public Health Board and the Kingston Frontenac Public Library Board, shall be appointed directly by Council. Every member of a Committee must be either a member of Council or a person eligible to be elected as a member of the Council, in accordance with the Municipal Elections Act, unless approved by a majority resolution of Council. The Term of Appointment for Members of Committees shall be in accordance with the Terms of Reference of the Committees set out in Schedule B to this By-law. Committee members will continue to serve on a committee past the expiration of their term until they are replaced. All Council membership on all Committees end on November 30 of a municipal election year. (By-law 2014-0033) Chair and Vice-Chair of each Committee shall be elected on an annual basis by the Committee from its Members: a) Each candidate for Chair and Vice-Chair who stands for election may make a presentation to the Committee; b) The Committee shall elect a Vice-Chair to chair the proceeding in the absence of the Committee Chair; c) The Warden shall not be eligible to be the Chair or Vice-
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Removal of Chair or Vice-Chair Warden’s Membership on Committees
26.8
26.9
26.10 Clerk shall be Secretary 26.11 Delegation of Clerk’s Duties 26.12 Committee Meeting Dates & Locations 26.13 Notice to Members 26.14 Notice to Media and Public
26.15
General Role of Committees
Chair of a committee; d) The Chair and Vice-Chair of committees may hold their respective positions for a maximum of four consecutive years if re-elected to do so.; e) Each Chair and/or Vice-Chair shall preside at every Meeting of their Committee, may vote on every question submitted for consideration and may require that resolutions be in writing. The Chair or Vice-Chair can only be removed by a vote of the majority of Members of the Committee or by resolution of Council. The Warden shall be an Ex-officio Member of all Committees and Task Forces. The Clerk or designate shall be the Secretary of all Committees of Council and shall be present at all Meetings. The Clerk shall record the proceedings of all Committees of Council in the form of minutes. (Amended by By-law 2015-0044 passed October 21, 2015) Despite Section 25.9, the Clerk may delegate to any employee duties related to the preparation of the Agendas, giving of notice of the Meetings, recording of the minutes and general administrative support to the Committees. (Amended by By-law 2015-0044 passed October 21, 2015) Committees shall establish regular Meetings dates, times and location at the beginning of each year. Meetings will be held in the County of Frontenac Administration Building. Alternative locations shall only be considered where staff capacity and resources are deemed sufficient. Notice of Meetings including agendas, minutes and supporting documentation to the Members shall be via electronic mail, regular mail, courier or facsimile. Notice may also be provided by telephone or personal contact in case of an emergency. Notice of Meetings shall be given by posting agendas and supporting documentation on the County’s website. Notice of Meetings shall be posted as soon as practical after being established by Committees. Agendas and supporting documentation shall be posted three days prior to the Meeting and in the event an agenda is amended it shall be reposted as an amended agenda. The role of Committees shall generally be to: a) make recommendations to Council on matters which are in their jurisdiction; b) guide and request staff to provide reports on the direction and nature of policy development, fact finding, analysis and generation of public policy matters; c) receive public deputations and establish mechanisms to receive further public input on vital public policy matters.
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Responsibility to Act on Recommendations
26.16
26.17
Committee Procedures
26.18 Members’ Rights
26.19
Absence of Chair and Vice Chair
Meeting Limitation Agendas
26.20 26.21 26.22
Additional Agenda Items 26.23
Deputations
No action shall be taken on Committee recommendations until approved by Council unless: a) the responsibility has been delegated to the Committee by Council. The rules governing the procedure of the Council and the conduct of Members of Council at Council shall be observed as far as they are applicable, and, subject to the specific rules for Committees set out in this section including: a) the number of times of speaking on any question shall not be limited; b) a majority vote shall be required to decide any matter before the Committee; c) recorded votes shall not be weighted and members shall be called to vote by last name in alphabetic order; (Amended by By-law 2015-0044 passed October 21, 2015) Members who are not Members of a specific Committee may attend Meetings of that Committee and may, with consent of the Chair of that Committee, take part in the discussion, but shall not be counted in the quorum or entitled to make motions or to vote at these Meetings. In the event of the Chair of a Committee not attending the Committee at which he is to preside within fifteen (15) minutes after the time appointed for the commencement of the Meeting, the Committee Vice Chair shall call the Meeting to order and preside until the arrival of the Committee Chair. Should the Committee Vice-Chair not be in attendance at the Meeting, then, those Members in attendance shall appoint one of the Members to act in place of the Committee Chair for that Meeting. Such Member shall then call the Members to order and shall preside until the arrival of the Committee Chair or the Committee Vice-Chair. No Committee Meeting shall be held while Council is in session. The Clerk shall prepare for distribution Committee agendas. Any matter, which is within the Committee’s mandate and which is not on the Committee agenda or does not relate to a matter on the agenda, may be considered by the Committee if it agrees to add the matter to the agenda through a majority vote. Any person desiring to present information to a Committee may do so subject to the following: a) The request shall be in writing and the information to be presented shall be on matters of fact or to make a request of the Committee; b) Requests shall be made not less than ten days preceding the Committee Meeting at which such person desires to be heard; c) Exceptions to the ten days’ notice requirement required in (b) above may be approved by the Committee Chair;
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Declarations of Pecuniary Interest Quorum Right to Expel
26.24 26.25 26.26 26.27
Reconsideration
d) Any person who is scheduled to appear as a deputation before a Committee is requested to submit written documentation for the Committee’s consideration to the Clerk’s Department not less than five (5) days preceding the Committee Meeting; e) The rules relating to time limits, ehavior, curtailment of time and conduct shall be as set out in Section 16. Members of Committees shall adhere to Section 15 with respect to declarations of pecuniary interest in Committees. A quorum as it relates to Committees of Council shall consist of a majority of the members.. The Chair has the right to expel or exclude any person from any Meeting for improper conduct. No Committee shall reconsider any question decided by the Council within a year after the Council decision, nor consider any other matter which could involve a decision inconsistent with a Council decision.
- Amendment to the By-Law Majority Vote
27.1
This By-law shall not be amended or repealed except by a majority vote of Council.
- Conflict Conflict with Statute
28.1
If there is any conflict between this By-law or any portion thereof and any statute, the provisions of the statute shall prevail. This is Schedule A to By-law No. 2013-0020 passed by the Council of the County of Frontenac this 15th day of May, 2013 [Original Signed] Janet Gutowski, Warden [Original Signed] K. Elizabeth Savill, Clerk
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AGENDA ITEM #d)
SCHEDULE B-1 ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:
Joint Accessibility Advisory Committee
ESTABLISHMENT OF THE COMMITTEE (i) That a Committee to be known as the County of Frontenac Joint Accessibility Advisory Committee be hereby established. (ii) That the Committee shall be comprised of not more than 7 members as follows:
2 Members of County Council 4 Members of the Community who are persons with disabilities (one representative from each Township) 1 Member from the Community at large
who shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (iii) That Committee shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 25 – Committees to govern all proceedings of the Accessibility Advisory Committee Meetings. (iv) The Committee shall hold a minimum of four (4) and a maximum of six (6) Meetings per year. MANDATE OF THE COMMITTEE To assist the County and Township Councils in the County of Frontenac in enabling persons with disabilities to have equal access to all opportunities within the County. DUTIES OF THE COMMITTEE The committee shall: (a) advise the councils about the legislative requirements and implementation of the accessibility standards and the preparation of accessibility reports and such other matters for which the council may seek its advice; (b) review in a timely manner the site plans and drawings described in section 41 of the Planning Act that the committee selects in terms of how they address the accessibility needs of persons with disabilities; (c) perform all other functions as specified by legislation. (d) in consultation with Council and Municipal Staff, review new and existing municipal by-laws and policies as applicable; (e) work with Council and the community at large to identify and address the needs of persons with disabilities within the community; (f) provide recommendations to Councils on the promotion of public awareness and understanding of the needs of persons with disabilities.
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AGENDA ITEM #d)
SCHEDULE B-1 ADVISORY COMMITTEES continued RESPONSIBILITIES OF COUNCIL Council shall: (a) establish the Accessibility Advisory Committee and appoint its members; (b) seek advice from the Committee regarding accessibility plans and reports required to be submitted to the province; (c) seek advice from the Committee on the accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premises, (i) that the council purchases, constructs or significantly renovates; (1) for which the council enters into a new lease; or (iii) that a person provides as municipal capital facilities under an agreement entered into with the council in accordance with the Municipal Act, 2001; and (d) when the committee selects site plans and drawings described in section 41 of the Planning Act to review, supply them to the Committee in a timely manner for the purpose of the review; and (e) have regard to the accessibility for persons with disabilities in deciding to purchase goods and services through the procurement process for the use of it by itself, by the Townships, its’ employees or the public. GENERAL (a) That Administrative Support shall be provided by the Clerk or Designate. (b) That the records of the Accessibility Advisory Committee shall be retained and preserved in accordance with the provisions of the County Records Retention bylaw. COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Joint Accessibility Advisory Committee: Council Liaison to Corporate Services (Added by By-law 2015-0002)
Tom Dewey
One (1) Members of County Council: (Amended by By-law 2015-0002)
John McDougall
Four (4) Representatives from the Community who are Persons with Disabilities – One (1) from each of the Four (4) Townships: Township of North Frontenac – Ed Shlievert (Amended by By-law 2015-0043) Township of Central Frontenac – Kurt Halliday Township of South Frontenac – Neil Allen Township of Frontenac Islands – Margaret Knott One (1) Representative from Community at Large: Francine Arsenault
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AGENDA ITEM #d)
SCHEDULE B-2 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:
Trails Advisory Committee (Repealed by By-law 2015-0037 September 23, 2015)
SCHEDULE B-3 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:
Sustainability Advisory Committee (Repealed by By-law 2015-0037 September 23, 2015)
SCHEDULE B-4 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:
150th Anniversary Planning Advisory Committee (Repealed by By-law 2015-0037 September 23, 2015)
SCHEDULE B-5 – ADVISORY COMMITTEES COMMITTEE NAME:
Service Delivery and Organization Review Committee (Repealed by By-law 2014-0019 passed April 16, 2014)
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AGENDA ITEM #d)
SCHEDULE B-2 – ADVISORY COMMITTEES COMMITTEE NAME:
Seniors Housing Task Force
ESTABLISHMENT OF THE COMMITTEE (1) The County of Frontenac Seniors Housing Task Force shall be comprised of four (4) members as follows: (a) Three members of County Council, specifically: One (1) member of County Council which sits on the City of Kingston Housing and Homelessness Advisory Committee One (1) additional member of County Council The Mayor of the Township in which the housing matter is being considered; and (b) One Township Council representative in which the housing matter is being considered (1) The members of the County of Frontenac Seniors Housing Task Force shall hold office from the date of their appointment, at the pleasure of the Council of the County of Frontenac, not to extend past the term of Council. (1) The Committee shall hold meetings as required. TERMS OF REFERENCE: The vision of the County of Frontenac stated in Directions for Our Future is that “government decision making processes need to be clear, transparent, forward thinking and focused on the longer term, all of which depend on a strong organizational structure. There is a clear direction for land use planning, economic development, physical, social and cultural infrastructure and investment in community capacity.” The Mission and Vision Statements, adopted by County Council in January 2013 read: Mission:
The County of Frontenac’s mission is the effective, efficient and sustainable delivery of services to citizens
Vision:
The County of Frontenac is recognized for its unique pristine natural environment and lifestyle choices and commitment to – and promotion of – strong, resilient, diverse, rural communities
The Seniors Housing Task Force will be guided by these statements during its deliberations and subsequent recommendations to County Council on Seniors Housing. Mandate: Members of the Committee will work to ensure that there is a comprehensive understanding of affordable housing and appropriate forms of housing in the County of Frontenac as it relates to seniors housing, with a mandate to:
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AGENDA ITEM #d)
To engage and consult with the local citizens to ensure local issues are brought forward to the Task Force; Provide information and advice to Council on seniors housing; Provide advice regarding the implementation of the Municipal Housing Strategy for the City of Kingston and the County of Frontenac with respect to the need for more affordable housing options for seniors living in the Frontenacs; Provide advice regarding the Seniors Housing Pilot Project Study carried out by the County of Frontenac in 2012 which provided detailed research and background information to assist in developing seniors housing pilot projects; Provide advice regarding the draft County Official Plan regarding the regional housing policies that support new seniors housing projects;
COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Seniors Housing Task Force: Three (3) members of County Council
member of County Council which sits on the City of Kingston Housing and Homelessness Advisory Committee One (1) additional member of County Council The Mayor of the Township in which the housing matter is being considered
Frances Smith
Tom Dewey Denis Doyle (A) Ron Vandewal (A) Frances Smith (A) Ron Higgins (A) One Township Council representative in which Wayne Grant (A) FI Pat Barr (A) SF the housing matter is being considered Vernon Hermer (A) NF Bill MacDonald (A) CF (A) – Means alternate and will attend only if meeting is concerning their respective Township.
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AGENDA ITEM #d)
SCHEDULE B-3 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:
Community Development Advisory Committee
ESTABLISHMENT OF THE COMMITTEE (i) The County of Frontenac Community Development Advisory Committee shall be comprised of eight (8) members appointed by County Council as follows: two (2) members of County Council (plus an appointed alternate); and six (6) community representatives. (ii) The members of the County of Frontenac Community Development Advisory Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (iii) The Committee shall establish an annual work plan and confirm activities and thereafter meet at least six times per year. Additional meetings may be held as deemed necessary by the Committee Chair or as requested by any member. (iv) The County of Frontenac Community Development Advisory Committee shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 26 – Committees for the conduct of all Meetings. TERMS OF REFERENCE (i) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, the Community Development Advisory Committee will be guided by the Vision Statement: Fifty years into the future, the County of Frontenac is one of the most progressive municipalities in terms of community based sustainability planning because priorities and beliefs are determined through community consultation and County-wide considerations are well thought through and incorporate the four pillars of sustainability. The vision, developed to ensure the ongoing appreciation and continued improvements to our social, cultural, economic and environmental systems, strongly defines the region. (ii) Mandate Set priorities for sustainability in the Frontenacs, implementing the visions outlined in Directions for Our Future, the Economic Development Charter & Implementation Plan, and the Trails Master Plan. Key Activities
Create short-term project teams for focused development within priorities
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AGENDA ITEM #d)
Evaluate project team recommendations through a sustainability lens Proactively advise and inform Council to ensure decisions account for regional and long-term implications Improve community engagement in the activities that will lead to a sustainable future for the Frontenacs To report periodically to County Council and to produce an annual work plan for adoption by Council.
COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Community Development Advisory Committee: Council Liaison to Planning and Economic Development Councillor John McDougall One (1) Member of County Council: Councillor Ron Higgins [By-law 2015-0037] Six (6) Community Representatives: Barrie Gilbert, Betty Hunter, Tracy John, Wilma Kenny and Darwyn Sproule [By-law 2015-0037] Robert Clinton [By-law 2015-0043]
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AGENDA ITEM #d)
SCHEDULE B-4 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:
Planning Advisory Committee (Added through By-law 2016-0020 passed June 15, 2016) (Amended by By-law 2016-0035 passed September 21, 2016)
SCHEDULE B-4 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:
Planning Advisory Committee
ESTABLISHMENT OF THE COMMITTEE (v) The County of Frontenac Planning Advisory Committee shall be comprised of seven (7) members appointed by County Council as follows: three (3) member of the public; and four (4) members of County Council, those being the Mayors of each Township. (vi) The members of the County of Frontenac Planning Advisory Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council; (vii)
The County of Frontenac Planning Advisory Committee shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 26 – Committees for the conduct of all Meetings.
TERMS OF REFERENCE (iii) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, the Community Development Advisory Committee will be guided by the Vision Statement: Fifty years into the future, the County of Frontenac is one of the most progressive municipalities in terms of community based sustainability planning because priorities and beliefs are determined through community consultation and County-wide considerations are well thought through and incorporate the four pillars of sustainability. The vision, developed to ensure the ongoing appreciation and continued improvements to our social, cultural, economic and environmental systems, strongly defines the region. MANDATE/TERMS OF REFERENCE: The Planning Advisory Committee is responsible for overseeing all regional development, planning, and the planning act implications of economic development within the County of Frontenac in accordance with the County’s Official Plan document. The Planning Advisory Committee shall: 1.
Be responsible directly to Council for those items emanating from the Planning & Economic Development Department.
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AGENDA ITEM #d)
Ensure co-ordination and consultation with other County Advisory Committees and departments where responsibilities overlap on planning matters and on issues relevant to the mandate of more than one Committee.
Subsequent to the approval of the budget, consider budget proposals and business plans for the Planning & Economic Development Department pertaining to items within the Advisory Committee mandate.
Consult with the City of Kingston Rural Affairs Advisory Committee on issues of joint interest and/or impact rural residents and businesses, or relating to items of interest for the agricultural and associated industries, and to issues with respect to rural affordable housing.
Receive reports from staff on items within the Committee’s mandate.
Receive public delegations on matters affecting general land use planning and economic development in the County of Frontenac and hold public meetings, as required by the Planning Act, with respect to plans of subdivision and condominium. All such public meetings would be held in the Township where a development proposal was located.
Review and recommend to Council revisions to the Planning Committee Terms of Reference, as required.
Recommend to Council, the County of Frontenac’s participation in federal or provincial cost-sharing programs for matters within the mandate of the Committee.
Monitor provincial and federal legislation that has an impact on planning matters.
Specific Responsibilities The Planning Committee shall: Planning 1.
Provide direction to staff for the implementation of the planning and development goals and policies as outlined in the County’s Official Plan document.
Make recommendations to Council with respect to County Official Plan matters.
Review and make recommendations to Council concerning other planning matters of the County, including regional studies affecting planning and/or economic development, special studies, sustainability issues, and planning policy matters.
Encourage and support the ongoing County sustainability plan, Directions for Our Future.
Review and consider reports on the following matters that fall within the mandate of the Committee:
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AGENDA ITEM #d)
Subdivision and condominium applications;
Extensions of draft plan approvals;
County and Township Official Plan amendments; and
County and Township Official Plan updates.
Make recommendations to Council on matters relating to Community Improvement Plans (CIPs) as a means to support and promote economic community development in the rural areas.
Receive advice from, and work with economic development stakeholders such as Community Development Advisory Committee, Community Futures Development Corporation, Land ‘O Lakes Tourism, Kingston Economic Development Corporation (KEDCO), and Township Economic Development Committees.
COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Planning Advisory Committee: Three (3) Representatives from the Community: Phil Leonard Jim McIntosh Darwyn Sproule Four (4) members of County Council, those being the Mayors of each Township (or their designate): North Frontenac – Councillor Higgins Central Frontenac – Councillor Smith South Frontenac – Councillor Vandewal Frontenac Islands – Councillor Doyle
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AGENDA ITEM #d)
SCHEDULE B-5 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:
Administrative Building Design Task Force (Added through By-law 2016-0028 passed August 24, 2016)
ESTABLISHMENT OF THE COMMITTEE (viii) The County of Frontenac Administrative Building Design Task Force shall be comprised of three (3) members of County Council appointed by County Council (ix) The members of the County of Frontenac Administrative Building Design Task Force shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in this Schedule; (x) The Administrative Building Design Task Force shall meet as required. (xi) The County of Frontenac Administrative Building Design Task Force shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 26 – Committees for the conduct of all Meetings. TERMS OF REFERENCE (iv) Goal/Mission The mission of the County of Frontenac stated in its Mission Statement is the effective, efficient and sustainable delivery of service to its citizens. Within the context of the Values and Principles detailed, the Administrative Building Design Task Force will be guided by the Mission Statement: (v) Mandate a)
To carry out a space review and analysis of the County of Frontenac Administrative Building
b)
To review and consider options for the Administrative Building and make recommendations to Council
c)
If necessary, to review any proposals and recommend to Council a design team for any refurbishing of the Administrative Building
d)
If necessary, to work with the architect to bring back design options/costing for Council consideration
e)
If necessary, to periodically receive updates and provide input on the final details of the refurbishing/construction phase of the Administrative Building
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COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following members of Council to the County of Frontenac Administrative Building Design Task Force: Council Liaison to Corporate Services Councillor Tom Dewey Three (3) Members of County Council:
Councillor Natalie Nossal Councillor John Inglis Councillor Ron Vandewal
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SCHEDULE C – EXTERNAL BOARDS AND COMMITTEES WITH COUNTY COUNCIL APPOINTEES
- The Kingston Frontenac Public Library Board – one member of Council and two members of the community, appointed for the term of County Council. Provides for the information, education and leisure needs of the citizens of the City of Kingston and the Townships of Frontenac through its 5 urban and 12 rural branches; establishes policies and appoints the Chief Librarian/CEO, who administers the library under the guidance of established board policies.
- The Kingston, Frontenac, Lennox & Addington Public Health, Board of Health – one member of County Council, appointed for the term of County Council. This body provides advice and makes recommendations to KFLA Public Health on the programs and services to be offered, sets the annual budget and oversees expenditures.
- The Rural/Urban Liaison Advisory Committee (RULAC) – The Warden, Deputy Warden and the County Councillor appointed to the City of Kingston Housing and Homelessness Advisory Committee for the term of Council, three members of Kingston City Council, the Mayor and two members of Council. The Rural/Urban Liaison Advisory Committee was established by the order of the Minister of Municipal Affairs under Section 25.2(4) of the Municipal Act. The Committee shall meet at least quarterly with the Chief Administrative Officer of the City and the Frontenac Management Board for the purposes of discussing issues arising from joint agreements and recommending solutions to matters of common concern (effective December 1, 2014). (Amended by By-law 2014-0019 passed April 16, 2014)
- The Algonquin Land Claim Municipal Advisory Committee – one members of County Council, appointed for the term of Council. This Committee represents local, County and district governments across and adjacent to the land claim area. The Committee consists of heads of Council, or their designates, for each of the member municipalities. It provides advice to the Ontario negotiation team regarding the municipal implications of the potential transfer of crown lands to Algonquin ownership and the nature of future relationships facing the Algonquins and local municipal governments.
- The Frontenac County Youth Justice Advisory Committee – one member of County Council appointed for the term of Council. The purpose of the Youth Justice Advisory Committee is to support the objectives of ensuring there is effective communication and collaboration among key partners working within Youth Justice Services, both informally and at regular meetings held quarterly; sharing youth justice information regarding programs and services, trends and issues with intent to provide creative solutions to address service system gaps; developing Youth Justice protocols, practices and guidelines to ensure optimal navigation through the system, and to promote the provision of effective services for young persons in conflict with the law; and increasing capacity through educational opportunities, training events and professional development through localized community events. (As amended by By-law 2014-0037) By-law No. 2013-0020 County of Frontenac Procedure By-law May 15, 2013
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- The Rideau Corridor Landscape Strategy Steering Committee – one member of County Council appointed for the term of Council. This Committee works to identify key features and values of the Rideau Corridor in order to support more effective planning and management of the Rideau Corridor’s landscape into the future.
- The Housing and Homelessness Advisory Committee (formerly the Affordable Housing Development Committee) – one member of County Council, appointed for the term of Council. This is an Advisory Committee of the City of Kingston who acts as the Local Service Realignment body for the County of Frontenac. This Committee works to ensure that there is a comprehensive understanding of housing, affordable housing and homelessness issues, initiatives and developments, with a mandate to provide advice to Kingston City Council Council on housing, publicly assisted affordable housing and homelessness policies, provide advice regarding the implementation of the Municipal Housing Strategy, Homelessness Plan and other municipal housing strategies, policies and directives, provide information and input on housing matters as related to poverty reduction through the appointment of one member of the Housing and Homelessness Advisory Committee to the Poverty Reduction Group, for a term of two years and two members of Housing and Homelessness Advisory Committee to the Poverty Reduction Housing Sub Working Group for a term of two years and to maintain close linkages with other City of Kingston Committees and working groups to ensure co-ordination of housing, affordable housing and homelessness initiatives.
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Term: Eligibility: Description:
SCHEDULE D – COUNCIL LIAISONS (Added by By-law 2015-0002) Appointed by Council for a four (4) year term, at the pleasure of Council. Only second member County Councillors are eligible to be appointed to a Council Liaison position. A total of four (4) appointments will be made by Council to act as a Council Liaison with Directors and the Chief Administrative Officer. The four positions are as follows:
Expectations:
Council Liaison – Emergency and Transportation Services Council Liaison – Long-term Care (Fairmount Home) Council Liaison – Corporate Services Council Liaison – Planning & Economic Development
The purpose of the Council Liaison will be to act as a conduit between Council and senior leadership. The Council Liaison will be the primary spokesperson for issues related to the operation of the department and direction. In particular, working with the Director and Chief Administrative Officer with respect to regulatory compliance and alignment with Council strategic direction. Meet with the Director and CAO at a minimum of once per month. o Meeting to be scheduled for the first Wednesday of each month. Become familiar with the legislative framework, operations, projects, reports, budgets and risks of the Department. Monthly, provide an overview of the Departmental activities to County Council. Meet with Warden as required to provide background and insight. Participate in meetings, workshops and events related to the Department.
Participate on ad hoc committees and related operations teams as follows: o Emergency and Transportation Services Emergency Management Program Committee o Council Liaison – Long-term Care (Fairmount Home) Quality Assurance and Assessment Committee o Council Liaison – Corporate Services Joint Accessibility Advisory Committee o Council Liaison – Planning & Economic Development Trails Advisory Committee Sustainability Advisory Committee
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County of Frontenac Code of Conduct for Members of County Council and Committees Approved by County Council October 16, 2013
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1.0
Statement of Intent To guide those who are covered by this Code in their day to day responsibilities on behalf of the citizens of the County of Frontenac
2.0
Application
2.1
This Code of Conduct applies to all Members of Council, being the Warden and each Councillor. It also applies to all members of the public appointed to committees by Council. Addendum A forms part of the Code of Conduct as it relates to Fairmount Home as per the LHIN L-SAA Agreement and applies to Members of Council only.
2.2
As Council Chair and Committee of the Whole Chair, the Warden and the Chair of the Committee of the Whole have additional responsibilities and, accordingly, must: i. uphold and promote the purposes of the municipality; ii. promote public involvement in the municipality’s activities; iii. act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and iv. participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents v. To represent and support the Council, declaring its will and implicitly obeying its decisions in all things. The principles set out in this Code of Conduct apply to the distinct role of the Warden as the context requires.
. 2.3
All Members of Council and members of the public appointed to a County committee are expected to follow this Code, the Council Procedural Bylaw and other sources of applicable procedural law. They are also subject to other sources of law such as:
Municipal Act, 2001 Municipal Conflict of Interest Act Municipal Elections Act Municipal Freedom of Information and Protection of Privacy Act The Criminal Code of Canada
3.0
Responsibilities of Council, the Warden and Councillors
3.1
Council as a whole has the authority to approve budget, policy or processes, including the structures and procedures for committees. Authority to act on behalf of Council, including through a committee, can only be delegated by Council or through law.
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3.2
Council is responsible for and dedicated to providing good and effective government for the public in an open, accountable and transparent manner.
3.3
A fiduciary relationship exists between the Council and inhabitants of the municipality.
3.4
Members of Council: i. when appointed to committees and other bodies as part of their duties must make every effort to participate actively in these bodies with good faith and care, ii. must uphold the law and conduct themselves with the highest degree of ethical behaviour and integrity, iii. must avoid conflict of interest, iv. must seek to advance the public interest with honesty and treat members of the public with dignity, understanding and respect, and v. may not make statements known to be false or make a statement with the intent to mislead Council or the public.
4.0
Members of Council and the Role of Staff
4.1
Mutual respect and cooperation are required to achieve the Council’s corporate goals and implement the Council’s strategies through the work of staff. The role of Council is to lead through setting policy and budget. It is not to manage or administer.
4.2
Staff members serve Council and work for the municipal corporation under the direction of the chief administrative officer. Council directs staff through its decisions as recorded in the minutes and resolutions of Council. Members of Council have no individual capacity to direct members of staff to carry out particular functions.
4.3
Inquiries of staff from Members of Council should be directed to the chief administrative officer or the appropriate senior staff as directed by the chief administrative officer.
4.4
Members of Council must respect that: i. staff provide advice and make policy recommendations in accordance with their professional ethics, expertise and obligations. They must not willfully injure the reputation, impugn the integrity or question the capabilities or performance of staff in a manner that is inappropriate. ii. staff undertake their duties based on political neutrality without undue influence. Members may not invite or pressure any member of staff to engage in partisan political activities.
5.0
County Assets and Gifts
5.1
Definitions:
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a) “benefit” means anything (other than a gift) given that confers an advantage, including but not limited to discounted or free services including food or beverages for immediate consumption, activities or event tickets, unless payment in any form, including the exchange of goods or services, of equal or greater value is received by the individual or entity giving the benefit; b) “gift" means any real or personal property given, including but not limited to art work, clothing, money, gift certificates or gift cards that exceeds $50, unless payment in any form, including the exchange of goods or services, of equal or greater value is received by the individual or entity giving the gift; c) “token value” means and gift received whose value does not exceed $100. 5.2
Council is the custodian of the assets of the municipality. The community places its trust in Council and those it appoints to make decisions for the public good in relation to these assets.
5.3
Members of Council and members of the public appointed to committees must not use municipal assets for personal convenience, for profit or to assist during an election or in relation to a nomination, except where such privileges are granted to the public or provided by law.
5.4
Members of Council and members of the public appointed to committees must not accept gifts and benefits except as provided for under law and in the course of their duties. They may accept gifts of token value only but should be aware that even these may place them in a position where their actions are open to serious question.
5.5
If a member of Council or member of the public appointed to a committee receives a gift or benefit and the value of the gift or benefit exceeds $100, or if the total value received from anyone source during the course of a calendar year exceeds $100, the member of County Council shall within 30 days of receipt of the gift or benefit or of reaching the annual limit, file a disclosure statement with the CAO/Clerk. The disclosure statement must indicate: a) the nature of the gift or benefit; b) its source and date of receipt; c) the circumstances under which it was given or received. Any disclosure statement made under this subsection will be a matter of public record.
6.0
Confidentiality
6.1
Members of Council have a duty to hold information received at closed meetings in strict confidence for as long and as broadly as the confidence applies. They must not, either directly or indirectly, release, make public or in any way divulge any such
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information or any confidential aspect of the closed deliberations to anyone, unless authorized by Council or required by law. 6.2
Members of Council must not disclose, use or release information in contravention of applicable privacy law. They are only entitled to information in the possession of the municipality that is relevant to matters before the Council or a committee. Otherwise, they enjoy the same level of access rights to information as any other member of the community and must follow the same processes as any private citizen.
6.3
Members of Council must not release information subject to solicitor-client privilege, unless expressly authorized by Council or required by law.
7.0
Committees and Members of Committees
7.1
Members of the public appointed to committees are appointed at the pleasure of Council. They do not hold office as elected officials nor do they represent either Council or the committee unless mandated to do so. Members of the public appointed to committees must respect both the word and spirit of this Code as it applies to them and also as it applies to Members of Council.
7.2
Committees operate only within meetings for which proper notice has been given or as a matter duly added to an agenda.
7.3
Committee work often depends on the specific expertise of members of the public appointed to committees, including their employment or business interests. Interests relating to expertise, knowledge or acquaintance of a topic or an individual does not necessarily constitute a pecuniary interest. Such an interest should still be declared, however, for the purposes of openness.
7.4
If a pecuniary interest or an appearance of such arises in relation to any matter, members of the public appointed to a Committee must declare the pecuniary interest in a matter being discussed. The member may participate in the discussion but may not vote on the matter.
7.5
Committee work is part of the public record. Committees must ensure that their recommendations are sufficiently detailed and recorded clearly so that they can be relied upon by Council or the standing committee acting upon them.
7.6
The minutes of a committee meeting must record when any member has declared an interest or a pecuniary interest well as the circumstances in which the member left the room, the times at which the person left and returned to the meeting.
7.7
In addition to the recording of minutes as required by section 7.6, where a member of a committee has declared a pecuniary interest, the declaration as well as the nature of the pecuniary interest must be recorded as part of the recommendation to Council so that Council may be aware of the declaration when making its decision.
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Compliance with the Code – Complaint 8.1
Where an alleged contravention of any provision of this Code of Conduct occurs, the following procedures will be adhered to.
8.2
Individuals (i.e. Municipal employees, members of the public) or organizations who believe they have identified or witnessed behaviour or an activity by a Member of Council that they believe is in contravention of the Code of Conduct for Members of Council, may wish to address the prohibited behaviour or activity themselves as follows: i. advise the Member of Council that the behaviour or activity contravenes the Code of Conduct; ii. encourage the Member of Council to stop the prohibited behaviour or activity; iii. keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information; iv. advise someone else (for example, another Member of Council or a senior staff member of the Municipality) about their concern, their comments to the Member of Council and the response of the Member of Council; v. if applicable, confirm to the Member of Council their satisfaction with the response of the Member of Council or, if applicable, advise the Member of Council of their dissatisfaction with the response; and vi. consider the need to pursue the matter in accordance with the formal complaint procedure outlined in Appendix B, or in accordance with an applicable judicial or quasi-judicial process. Individuals and organizations are encouraged to initially pursue this informal complaint procedure as a means of stopping and remedying a behaviour or activity that they believe to be prohibited by the Code of Conduct. However, it is not a precondition or a prerequisite that they pursue the informal complaint procedure prior to pursuing the formal complaint procedure in 8.2.
9.0
Formal Complaint Procedure - Integrity Commissioner
9.1
A Municipal staff or member of the public, who has reasonable and probable grounds to believe that a member of Council has contravened the Code of Conduct for Members of Council, may request that the matter or complaint be reviewed.
9.2
The complaint shall be in writing and shall be signed by the complainant(s).
9.3
A complaint shall set out the grounds for the belief and the contravention alleged and include a supporting affidavit that sets out the evidence in support of the complaint. For example, facts should include the name of the alleged violator, the provision allegedly contravened, facts constituting the alleged contravention, the names and contact information of witnesses, and contact information respecting the complainant during normal business hours.
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10.0
Initial Classification by Integrity Commissioner
10.1
The complaint shall be filed with the Chief Administrative Officer/Clerk who shall forward the matter to the Integrity Commissioner for initial classification to determine if the matter is, on its face, a complaint with respect to non-compliance with the Code of Conduct and not covered by other legislation or other Council policies.
10.2
If the complaint does not include a supporting affidavit, the Integrity Commissioner may defer the classification until an affidavit is received.
10.3
If the complaint, including any supporting affidavit, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint is covered by other legislation or a complaint procedure under another Council policy, the Integrity Commissioner shall advise the complainant in writing as follows: i. if the complaint on its face is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complainant shall be advised that if the complainant wishes to pursue any such allegation, the complainant must pursue it with the Ontario Provincial Police or other appropriate law enforcement agency; ii. if the complaint on its face is with respect to non-compliance with the Municipal Conflict of Interest Act, the complainant shall be advised to review the matter with the complainant’s own legal counsel; iii. if the complaint on its face is with respect to non-compliance with the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter will be referred to the Privacy Commissioner for review; iv. if the complaint on its face is with respect to non-compliance with a more specific Council policy with a separate complaint procedure, the complainant shall be advised that the matter will be processed under that procedure; and v. in other cases, the complainant shall be advised that the matter, or part of the matter, is not within the jurisdiction of the Integrity Commissioner to process, with any additional reasons and referrals as the Integrity Commissioner considers appropriate.
11.0
Integrity Commissioner Investigation
11.1
If a complaint has been classified as being within the Integrity Commissioner’s jurisdiction, the Commissioner shall investigate and may attempt to settle the complaint.
11.2
The Integrity Commissioner will proceed as follows: i. serve the complaint and supporting material upon the member whose conduct is in question with a request that a written response to the allegation be filed within ten days; and ii. serve a copy of the response provided upon the complainant with a request for a written reply within ten days.
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11.3
If necessary, after reviewing the written materials, the Integrity Commissioner may speak to anyone relevant to the complaint, examine any other documents relevant to the complaint and may enter any County office relevant to the complaint for the purposes of investigation and settlement.
11.4
The Integrity Commissioner may make interim reports to Council as required to address any instances of interference, obstruction or retaliation encountered during the investigation.
11.5
The Integrity Commissioner shall submit a final report on the complaint to Council, no later than 90 days after the making of the complaint, outlining the findings, the terms of any settlement, or recommended corrective action.
11.6
Any recommended corrective action must be permitted in law and shall be designed to ensure that the inappropriate behaviour or activity does not continue.
12.0
Refusal to conduct inquiry
12.1
If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an inquiry, the Integrity Commissioner shall not conduct an inquiry and shall state the reasons for not doing so in the report.
12.2
If the Integrity Commissioner determines that there has been no contravention of the Code of Conduct or that a contravention occurred although the Member took all reasonable measures to prevent it, or that a contravention occurred that was trivial or committed through inadvertence or an error of judgment made in good faith, the Integrity Commissioner shall so state in the report and shall recommend that no penalty be imposed.
13.0
Reporting
13.1
The Integrity Commissioner shall file a copy of the final report with Chief Administrative Officer who will then provide a copy of the report to the complainant and the Member of Council whose conduct is concerned.
13.2
The Chief Administrative Officer shall process the report to the next meeting of Council.
13.3
Council shall consider and respond to the report within 90 days after the day the report is laid before it.
13.4
The Integrity Commissioner shall report annually to Council on complaints affecting the Council of the County of Frontenac, filed with the Integrity Commissioner.
14.0
Municipal Support for Members of Council
14.1
In the case of a Formal Complaint, the municipality will provide up to $1,000 to the Council member to obtain professional advice or assistance. Reimbursement will
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be made upon provision of original invoices marked paid in full to the Chief Administrative Officer, and processed through regular accounts payable procedures. 15.0
Non-Compliance
15.1
The following enforcement measures may be instituted by County Council and applied to any member of Council under Section 223.4(5) of the Municipal Act if the Integrity Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct: i. a reprimand; ii. suspension of the remuneration paid to the member in respect of his or her services as a member of Council or the local board, as the case may be, for a period of up to ninety (90) days, and/or iii. censure including removal from appointment to an Advisory Committee of Council.
Signature The undersigned hereby acknowledges that they have read, understood and accept this Code of Conduct.
Signature of Member
Date
Printed Name of Member
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Addendum A – Fairmount Home
1.0
Background In 2013, the LHIN L-SAA Agreement executed following Council’s direction at the regular Council meeting in April requires a code of conduct to be in place covering Fairmount’s directors. Council is, under the Long Term Care Act, the board of directors for Fairmount. The provisions set out in LHIN L-SAA Agreements were proclaimed and came into force on January 1, 2008 and while Council is sitting as the Board of Management for Fairmount Home, it must confine to these rules:
2.0
Definitions “Board” means in respect of an HSP that is: (i) (ii) (iii) (iv)
A corporation, the board of directors; A First Nation, the band council; A municipality, the committee of management; A board of management established by one or more municipalities or by one or more First Nations’ band councils, the members of the board of management; (v) A partnership, the partners; (vi) A sole proprietorship, the sole proprietor. “Conflict of Interest” in respect of an HSP, includes any situation or circumstance where: in relation to the performance of its obligations under the LHIN L-SAA agreement: (i) The HSP; (ii) A member of the HSP’s Board, or (iii) Any person employed by the HSP who has the capacity to influence the HSP’s decision, has other commitments, relationships or financial interest that: (iv) Could or could be seen to interfere with the HSP’s objective, unbiased and impartial exercise of its judgement; or (v) Could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under the LHIN L-SAA Agreement. “HSP’s Personnel” is defined as the controlling shareholders (if any), directors, officers, employees, agents, volunteers and other representatives of the HSP. In addition to the foregoing HSP’s Personnel shall include the contractors and subcontractors and their respective shareholders, directors, officers, employees, agents, volunteers or other representatives.
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3.0
Conflict of Interest The HSP will use the Funding, provide the Services and otherwise fulfil its obligations under the LHIN L-SAA Agreement without an actual, potential or perceived Conflict of Interest. The HSP will disclose to the LHIN without delay any situation that a reasonable person would interpret as an actual, potential or perceived Conflict of Interest and comply with any requirements prescribed by the LHIN to resolve any Conflict of Interest.
4.0
Confidential Information Members of County Council will treat confidential information as confidential and will not disclose confidential information except with the consent of the disclosing party or as permitted or required under FIPPA, the Municipal Freedom of Information and Protection of Privacy Act, the Act, court order, subpoena or other applicable law.
Signature The undersigned hereby acknowledges that they have read, understood and accept this Code of Conduct.
Signature of Member
Date
Printed Name of Member
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Appendix A – Integrity Commissioner Duties of the Integrity Commissioner 1.0
The Integrity Commissioner shall:
1.1
Conduct inquiries and investigations into alleged contraventions of the Code of Conduct for Members of Council.
1.2
Make the decisions, including the imposition of penalties with regards to the alleged contraventions of the Code of Conduct for Council Members. Penalties may include, but are not limited to: i. Reprimand in Open Council (Censure) ii. Suspension of office for a period of not more than 90 business days; iii. Suspension of honorariums for a period of not more than 90 business days; iv. Removal from committees of Council; v. Any combination of the above. A penalty imposed by the Integrity Commissioner takes effect immediately upon the receipt by Council of the report of the Integrity Commissioner regarding the alleged contravention.
1.3
Prepare and deliver an annual report to Council containing a summary of the activities of the office of the Integrity Commissioner during the calendar year.
1.4
Detailed responsibilities of the office of the Integrity Commissioner will be outlined with the appointment of the position.
2.0
The Integrity Commissioner may, at the request of Council: i.
Prepare written materials for distribution to and use by members of Council regarding the role of the Integrity Commissioner and ethical obligations and responsibilities of members of Council under the Code of Conduct for Members of Council and any other procedures, rules or policies governing their ethical behaviour.
ii.
Prepare written materials for distribution to and use by the public to aid in their understanding of the role of Integrity Commissioner and ethical obligations and responsibilities of members of Council under the Code of Conduct for Members of Council and any other procedures, rules or policies governing their ethical behaviour.
iii.
Deliver an oral presentation to members of Council regarding their ethical obligations and responsibilities of members of Council and any other procedures, rules or policies governing their ethical behaviour.
iv.
Provide advice and recommendations to Council regarding amendments to the Code of Conduct for Members of Council and in respect of any other procedures, rules or policies governing their ethical behaviour.
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3.0
Procedure to Submit a Complaint to the Integrity Commissioner i.
Council members, employees or members of the public may submit complaints to the Integrity Commissioner relating to compliance with the Code of Conduct for Members of Council.
ii.
All complaints will be treated as confidential at all times.
iii.
Complaints shall be submitted on the established Complaint Request Review Form, attached hereto. The Complaint Review Request Form is also available on the County website or from the Clerk’s office.
iv.
All complaints must contain the following information: a. Name of Municipality; b. Complainant’s name, mailing address, telephone number and e-mail address (if applicable); c. Nature and background of the complaint; d. Any activities undertaken (if any) to resolve the concern; e. Any other relevant information; f. Original Signature; and a g. Cheque in the amount of $125.00 made payable to the County of Frontenac.
v.
The Complaint Review Request form, accompanied by the prescribed fee, shall be dated and submitted to the Clerk by mail or personal delivery.
vi.
Upon receipt of a complete Complaint Review Request the Clerk shall prepare a package to be forwarded to the Integrity Commissioner that will include the following: a. The Complaint Review Request Form; b. A certified true copy of the Code of Conduct for Members of Council; and c. Any and all such other information or documentation supplied by the complainant that is deemed relevant.
vii.
The information package referred to above shall be forwarded to the Integrity Commissioner in hard copy format by courier or regular mail, whichever is deemed appropriate.
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AGENDA ITEM #d)
Appendix B – Code of Conduct Complaint Form County of Frontenac Integrity Commissioner Complaint Review Request Form Section 223 – Municipal Act, 2001, as amended COMPLAINANT NAME ADDRESS TELEPHONE
HOME
WORK
E-MAIL PLEASE NOTE: PERSONAL INFORMATION IS COLLECTED UNDER THE AUTHORITY OF SECTION 239 OF THE MUNICIPAL ACT AND WILL BE USED BY THE INTEGRITY INVESTIGATOR TO CARRY OUT AN INVESTIGATION UNDER THE ACT. BACKGROUND
ACTION
This should provide as much information as is required to explain the nature and background of the particular occurrence. (i.e.) timing, contact and explanation. Please attach applicable documents. Attach additional sheets as needed.
Activities that the complainant has undertaken to resolve the matter; if applicable. Attach additional sheets as needed.
SUMMARY / COMMENTS Attach additional sheets as needed.
Date
Signature of Complainant
Code of Conduct Council and Committee Members Approved by County Council October 16, 2013
Committee Orientation County of Frontenac Procedural By-law …
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