Body: Council Type: Agenda Meeting: Regular Date: June 15, 2022 Collection: Council Agendas Municipality: Frontenac County
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Document Text
Frontenac County Council Meeting Wednesday, June 15, 2022 – 9:00 a.m. Council will resolve into Closed Meeting and will reconvene as regular Council at 9:30 a.m. Meeting to be held in combination of in person and Virtual Electronic Format, and live streamed on the County of Frontenac’s YouTube Channel https://youtu.be/xgmuvdPjnVU
Agenda Page Call to Order Closed Session a) Resolved That Council resolve itself into Committee of the Whole closed session as authorized under Section 239 of The Municipal Act, to consider:
- Adoption of Closed Minutes of Meetings held April 20, 2022
- Adoption of Closed Minutes of Special Meetings held May 4, 2022
- A proposed or pending acquisition or disposition of land by the municipality or local board - as it relates to property acquisition for the K&P Trail. Resolved That Council rise from Committee of the Whole closed session with/without reporting Approval of Addendum Disclosure of Pecuniary Interest and General Nature Thereof
10 - 17
Adoption of Minutes a) Minutes of Meeting held May 18, 2022 Resolved That the minutes of the regular Council meeting held May 18, 2022 be adopted. Deputations and/or Presentations Proclamations
Page
Move into Committee of the Whole a) That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair.
18 - 38
Briefings a) Mr. Kelly Pender, Chief Administrative Officer, will provide Council with his monthly CAO briefing. Unfinished Business
39 - 42
Recommend Reports from the Chief Administrative Officer a) 2022-063 Corporate Services Setting of a Public Meeting for the Business Case Study on Communal Services Recommendation Be it Resolvedthat the Council of the County of Frontenac receive the report, Corporate Services – Setting of a Public Meeting for the Business Case Study on Communal Services; And Further Thatthe County of Frontenac host a Public Meeting in combination of in person and virtual on Wednesday, July 13, 2022 at 6:00 p.m. in the Township of South Frontenac.
43 - 45
b)
2022-067 Fairmount Home Authorization to Proceed with Replacement of Nurse Call Bell System Recommendation Be It Resolved That the Council of the County of Frontenac proceed with the purchase to replace the Nurse Call Bell system And Further That any surplus on the municipal contribution in 2022 should be used to offset the costs over budget to purchase and implement the Nurse Call Bell system And Finally That County Council authorize the use of the Fairmount Capital Replacement Reserve for any County share exceeding the capital budget and the municipal surplus to purchase and implement the Nurse Call Bell System
Page 2 of 206
Page 46 - 89
c)
2022-070 Corporate Services Approval of Asset Management Plan for Core Assets Recommendation Be It Resolved That the Council of the County of Frontenac receive the Asset Management Plan for Core Assets report for information; And Further That the Clerk be authorized to bring forward a by-law later in the meeting to approve the Asset Management Plan for Core Assets attached to this report as Appendix A.
90 - 91
d)
2022-068 Corporate Services Extension of Agreement with Aird Berlis as Integrity Commissioner for the County of Frontenac Recommendation Be It Resolved That Council receive for information the Corporate Services – Extension of Agreement with Aird Berlis as Integrity Commissioner for the County of Frontenac; And Further That the County of Frontenac exercise its option to continue the services of Aird & Berlis as Integrity Commission for an additional one-year term.
92 - 124
e)
2022-069 Corporate Services Report Received from Aird Berlis, Integrity Commissioner – Complaint Filed Against a Member of Council Recommendation Resolved That the Council of the County of Frontenac receive the “Integrity Commissioner Report – Code of Conduct Complaint – 202201, submitted by Meaghan Barrett of Aird Berlis – Integrity Commissioner, dated June 2, 2022 attached to this report as Appendix A.
Page 3 of 206
Page 125 - 136
f)
2022-071 Office of the Chief Administrative Officer Status and Timing of County Corporate Strategy and Related Projects Recommendation Resolved Thatthe Council of the County of Frontenac accept the Office of the Chief Administrative Officer Report – Status and Timing of County Corporate Strategy and Related projects report for information; And Further That the Council of the County of Frontenac approves as follows:
- That staff immediately commence the Request for Proposals (RFP) for a facilitator to commence the 2022 public consultation process for the 2023-2026 County strategic plan as outlined in the report;
- That staff be directed to include in the 2023 County budget for consideration a line item to complete the 2023-2026 County strategic plan process;
g)
Consultant Briefing: Mr. Howard Allen, KPMG, will address County Council regarding the audit findings report for the year ended December 31, 2021 [See Recommend Reports from the Chief Administrative Officer, clause h)]
137 - 177
h)
2022-064 Corporate Services 2021 County of Frontenac Audited Financial Statements Recommendations Resolved Thatthe Council of the County of Frontenac receive the Corporate Services - 2021 Audited Financial Statements report; And Further That the Council of the County of Frontenac approve the 2021 Audited Financial Statements of the Corporation of the County of Frontenac. And Finally That the Council of the County of Frontenac approve the transfer of the year-end surplus of $323,657 to the Stabilization Reserve.
Information Reports from the Chief Administrative Officer
Page 4 of 206
Page 178 - 185
a)
2022-065 Corporate Services 2022 First Quarter Financial Summary and Outlook
186 - 191
b)
2022-066 Corporate Services 2021 Reserve and Reserve Funds
192
Reports from Council Liaison Appointees a) Fairmount Home Liaison Report from Councillor Gerry Martin Reports from External Boards and Committees
193 - 197
Reports from Advisory Committees of County Council a) Report of the Administrative Building Design Task Force That the Report received from the Administrative Building Design Task Force be received and adopted. Report of the Administrative Building Design Task Force The Administrative Building Design Task Force reports and recommends as follows:
- 2022-058 Office of the Chief Administrative Officer Review and Award of the RFP for the Renovations & Additions for Joint Admin Facility for the County of Frontenac and Cataraqui Regional Conservation Authority Be It Resolved That the Office of the Chief Administrative Officer – Review and Award of the RFP for the redevelopment of the Administrative Building report be received; And Further That the Council of the County of Frontenac authorize the Warden and Clerk to enter into an agreement with Emmons & Mitchell Construction (2000) Ltd for the Renovations & Additions for Joint Admin Facility for the County of Frontenac and Cataraqui Regional Conservation Authority in the amount of Four Million, Four Hundred and Ninety Thousand ($4,490,000.00), subject to the approval by the Cataraqui Region Conservation Authority (CRCA).
Page 5 of 206
Page 198 - 202
b)
Report of the Community Development Advisory Committee That the Report received from the Community Development Advisory Committee be received and adopted. Report of the Community Development Advisory Committee The Community Development Advisory Committee reports and recommends as follows:
- 2022-059 Community Development Advisory Committee Destination Development Plan 5-year Implementation Plan Be It Resolved That the County Council endorses the Frontenac County Destination Development Plan Implementation described in report 2022-059. And Further That staff be directed to include Destination Plan implementation in the Planning & Economic Development Budget and Business Plan 2023- 2027.
Return to Council a) That Council revert from Committee of the Whole Council, to Council.
Adoption of the Report of the Committee of the Whole Council a) That the report of the Committee of the Whole Council be adopted and that the necessary actions or by-laws be enacted. Motions, Notice of Which has Been Given
Page 6 of 206
Page a)
Community Schools Alliance Action Plan and Social and Economic Impact for Small Communities in Ontario Moved by: Warden Doyle Seconded by: Councillor Revill Whereas all students should have the opportunity to attend elementary and secondary school in their home community; Therefore Be It Resolved That Council hereby receives the Community Schools Alliance Action Plan and Social and Economic Impact for Small Communities in Ontario Study; And Further That the province increase the Rural and Northern Education Fund (RNEF) to $50 million; And Further That should the current moratorium on accommodation reviews and school closures be lifted, we ask that the moratorium remain in place for schools that qualify for the RNEF until a thorough review of the education funding formula is completed; And Further That before templates required by the 2018 Pupil Accommodation Review Guide (PARG) are developed, there be consultation with school boards and community groups including the Community Schools Alliance. And Further That a copy of this resolution be forwarded to Ontario municipalities, Community Schools Alliance, local MP’s and MPP’s and the Premier of Ontario.
Giving Notice of Motion Communications That Council consent to the following communications of interest to Council listed below be received and filed: a) From the City of Brantford regarding a resolution to Release Federal and Provincial documents on Residential Schools [Distributed to Members of County Council May 20, 2022] b)
From the City of Cambridge regarding a Resolution on free Public Transit [Distributed to Members of County Council May 20, 2022]
c)
From the Food Policy Council of KFL&A regarding updates on Bill 216 [Distributed to Members of County Council May 20, 2022]
Page 7 of 206
Page d)
From the Town of Rainy River regarding a resolution on Connecting Links [Distributed to Members of County Council May 20, 2022]
e)
From the Municipality of Shuniah regarding a Resolution on the Community Schools Alliance Action Plan [Distributed to Members of County Council May 27, 2022]
f)
From the Municipality of Shuniah regarding a Resolution on Support for Infrastructure [Distributed to Members of County Council May 27, 2022]
g)
Invitation from St. Georges Cathedral Kingston to participate in Service of Thanksgiving to Celebrate the Platinum Jubilee [Distributed to Members of County Council May 27, 2022]
h)
From the City of Cambridge regarding a Resolution on build right the first time [Distributed to Members of County Council June 3, 2022]
i)
From the City of Cambridge regarding a Resolution to address Joint and Several Liability [Distributed to Members of County Council June 3, 2022]
j)
From the City of Kitchener regarding a resolution on Energy Performance Tiers [Distributed to Members of County Council June 3, 2022]
k)
From the Food Literacy Council regarding the All-party forum recording & Op-ed on Food Literacy & School Food [Distributed to Members of County Council June 3, 2022]
l)
From the Town of Fort Erie regarding a resolution on Bidding War on Apartments [Distributed to Members of County Council June 3, 2022]
m)
From the Town of Fort Erie regarding a resolution supporting voluntary Russian Sanction [Distributed to Members of County Council June 3, 2022]
n)
From the Town of Fort Erie regarding a resolution to Tax vacant Foreign Owned Properties [Distributed to Members of County Council June 3, 2022]
o)
From the Town of the Blue Mountains regarding a resolution on the Voter’s List Information to Candidates [Distributed to Members of County Council June 3, 2022]
p)
From Kelly Pender thanking Council for their condolences on the passing of his mother [Distributed to Members of County Council June 10, 2022]
Page 8 of 206
Page q)
From Southern Frontenac Community Services regarding its Q1 Transportation Report [Distributed to Members of County Council June 10, 2022]
Other Business Public Question Period By-Laws – General By-laws and Confirmatory By-law a) First and Second Reading Resolved That leave be given the mover to introduce by-laws a) through c) that have been circulated to all Members of County Council and that by-laws a) through c) be read a first and second time. b)
Third Reading Resolved That by-laws a) through c) be read a third time, signed, sealed and finally passed. By-Laws
203
a)
To Authorize the Warden and Clerk to enter into a one (1) year Extension Agreement with Aird Berlis for Integrity Commissioner services for the Corporation of the County of Frontenac [Proposed By-law No. 2022-0016]
204
b)
To adopt an Asset Management Plan for Core Assets Policy [Proposed By-law No. 2022-0017]
205 - 206
c)
To confirm all actions and proceedings of County Council on June 15, 2022 [Proposed By-law No. 2022-0018]
Adjournment
Page 9 of 206
Minutes of the Regular Meeting of Council May 18, 2022 A regular meeting of the Council of the County of Frontenac was held in hybrid format, hosted at the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, April 20, 2022 and was called to order at 9:30 a.m. Present:
Warden Denis Doyle, Deputy Warden Ron Higgins, Councillors Ron Vandewal, Bruce Higgs, and Gerry Martin
Present Electronically Also Present:
Councillors Fran Smith, Bill MacDonald, and Alan Revill County: Jannette Amini, Manager of Legislative Services/Clerk Alex Lemieux, Director of Corporate Services/Treasurer Gale Chevalier, Chief/Director of Emergency & Transportation Services Susan Brant, Administrator, Fairmount Home Barb McCulloch, Director of Human Resources Richard Allen, Manager of Economic Development
Closed Session Approval of Addendum Disclosure of Pecuniary Interest and General Nature Thereof There were none. Adoption of Minutes a)
Minutes of Meeting held April 20, 2022
Motion #: 81-22
Moved By: Seconded By:
Councillor MacDonald Councillor Higgs
Resolved That the minutes of the regular Council meeting held April 20, 2022 be adopted. Carried
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b)
Minutes of Special Meeting held May 4, 2022
Motion #: 82-22
Moved By: Seconded By:
Councillor Smith Deputy Warden Higgins
Resolved That the minutes of the special Council meeting held May 4, 2022 be adopted. Carried Deputations and/or Presentations Proclamations Move into Committee of the Whole Motion #: 83-22
Moved By: Seconded By:
Councillor Vandewal Councillor Martin
That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Carried Briefings a)
Ms. Susan Brant, on behalf of Mr. Kelly Pender, Chief Administrative Officer, provided Council with the monthly CAO briefing. Unfinished Business Recommend Reports from the Chief Administrative Officer
a)
2022-053 Office of the Chief Administrative Officer Appointment of Community Emergency Management Coordinator and an Alternate Community Emergency Management Coordinator
Motion #: 84-22
Moved By: Seconded By:
Councillor Revill Councillor MacDonald
Be It Resolved That the Council of the County of Frontenac receive the Office of the Chief Administrative Officer – Appointment of Community Emergency Management Coordinator and an Alternate Community Emergency Management Coordinator report; And Further That the Emergency Management portfolio be moved from the Emergency and Transportation Services Department to Corporate Services;
Regular Meeting of Council Minutes May 18, 2022
Page 1118, of2022 206 Minutes of Meeting held May
Page 2 of 8
And Further That the By-law 2017-0048 being a by-law to adopt an Emergency Management Program and Emergency Response Plan and to meet other requirements under the Emergency Management and Civil Protection Act be amended to appoint Jannette Amini, Manager of Legislative Services/Clerk as the Emergency Management Program Coordinator and primary community emergency management coordinator (the “CEMC”) responsible for the emergency management program for the County including maintenance of the Plan, training, exercises, public education and such other duties and responsibilities as outlined in the Act and appoint Mark Podgers as an alternate CEMC to act in place of the primary CEMC in his/her absence Carried b)
2022-054 Fairmount Home Authorization the utilization of the Capital Replacement Reserve funds for Fairmount Home’s HVAC Replacement
Motion #: 85-22
Moved By: Seconded By:
Councillor Higgs Councillor Smith
Be It Resolved That the Council of the County of Frontenac authorize the use of Capital Replacement Reserve funds for Fairmount Home’s HVAC system replacement. Carried c)
2022-055 Frontenac Paramedics Authorization to Proceed to Request for Proposals for a New Paramedic Station – 2069 Battersea Road
Motion #: 86-22
Moved By: Seconded By:
Councillor Vandewal Warden Doyle
Be It Resolved That County Council authorize staff to proceed with a Request for Proposals (RFP) for the construction of a new two bay paramedic station located at 2069 Battersea Road, with final approval of the award of the project to be confirmed by Council. And Further That staff be authorized to complete the necessary planning reports/approvals in conjunction with the RFP process. Carried
Regular Meeting of Council Minutes May 18, 2022
Page 1218, of2022 206 Minutes of Meeting held May
Page 3 of 8
d)
2022-057 Emergency and Transportation Services Ambulance Supply Shortage
Motion #: 87-22
Moved By: Seconded By:
Councillor Martin Councillor Revill
Be It Resolved That the Council of the County of Frontenac accept this Emergency and Transportation Services – Ambulance Supply Shortage report for information; And Further That Council approve the transfer of up to $180,000 of 2023 capital replacement reserves to be used in the 2022 budget year. Carried Information Reports from the Chief Administrative Officer a)
2022-056 Fairmount Home Resident and Family Annual Satisfaction Survey 2021 Reports from Council Liaison Appointees
a)
Fairmount Home Liaison Report from Councillor Gerry Martin
b)
Corporate Services Liaison Report from Councillor Bill MacDonald
Councillor MacDonald provided Council with a verbal update on the Corporate Services Liaison activities. Reports from External Boards and Committees Reports from Advisory Committees of County Council Return to Council Motion #: 88-22
Moved By: Seconded By:
Councillor MacDonald Councillor Higgs
That Council revert from Committee of the Whole Council, to Council. Carried
Regular Meeting of Council Minutes May 18, 2022
Page 1318, of2022 206 Minutes of Meeting held May
Page 4 of 8
Adoption of the Report of the Committee of the Whole Council Motion #: 89-22
Moved By: Seconded By:
Councillor Smith Deputy Warden Higgins
That the report of the Committee of the Whole Council be adopted and that the necessary actions or by-laws be enacted. Carried Motions, Notice of Which has Been Given Giving Notice of Motion Communications That Council consent to the following communications of interest to Council listed below be received and filed: a) b) c) d) e) f) g) h) i) j) k) l)
From the City of St. Catharine’s regarding Ontario’s Housing Affordability Task Force Recommendations [Distributed to Members of County Council April 22, 2022 ] From the Municipality of Hasting Highlands regarding Funding Support for Infrastructure [Distributed to Members of County Council April 22, 2022] From the Town of Halton Hills regarding a Climate Change Emergency Resolution [Distributed to Members of County Council April 22, 2022] From the Township of Clearview regarding Funding Support for Infrastructure [Distributed to Members of County Council April 22, 2022] From the Township of Zorra regarding a Resolution on Joint and Several Liability [Distributed to Members of County Council April 22, 2022] From the Town of Brockton regarding Industrial Wind Facilities [Distributed to Members of County Council April 22, 2022] From the Town of Bracebridge regarding a Resolution Requesting AMO Review Challenges to Development from OLT [Distributed to Members of County Council April 22, 2022] From the Town of Gravenhurst regarding Floating Accommodations [Distributed to Members of County Council April 22, 2022] From the Town of Cochrane regarding the Year of the Garden [Distributed to Members of County Council April 22, 2022] From the Town of Gravenhurst regarding the Year of the Garden [Distributed to Members of County Council April 22, 2022] From the Town of Gravenhurst regarding Russian Sanctions [Distributed to Members of County Council April 22, 2022] From the City of Waterloo regarding Must Build is Right the First Time
Regular Meeting of Council Minutes May 18, 2022
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Page 5 of 8
m) n) o) p) q) r) s) t) u) v) w) x) y) z) aa) ab)
[Distributed to Members of County Council April 29, 2022] From the Ministry of Municipal Affairs and Housing regarding More Homes for Everyone Act [Distributed to Members of County Council April 29, 2022] From the Ministry of the Environment regarding moving forward with Phase 2 for Conservation Authority operation [Distributed to Members of County Council April 29, 2022] From the Multi-Municipal Wind Turbine working group regarding a resolution on Setback Recommendation [Distributed to Members of County Council April 29, 2022] From the Municipality of Mississippi Mills regarding a Resolution Supporting Ontario Must Build it Right the First Time [Distributed to Members of County Council April 29, 2022] From the OMAFRA regarding Cases of Avian Influenza (H5N1) in Ontario [Distributed to Members of County Council April 29, 2022] From the Town of South Bruce Peninsula regarding a Resolution on the New Home Tax Rebate Program [Distributed to Members of County Council April 29, 2022] From the Town of West Lincoln regarding a Resolution Concerning Funeral Burial and Cremation Service Act [Distributed to Members of County Council April 29, 2022] From the Township of Almwick Haldimand regarding a Resolution Supporting Action to Address Joint and Several Liability [Distributed to Members of County Council April 29, 2022] From the Township of Amaranth regarding a Resolution Concerning the More Homes for Everyone Act [Distributed to Members of County Council April 29, 2022] From the Township of Cramahe regarding a Resolution Bill 109 More Homes for Everyone Act [Distributed to Members of County Council April 29, 2022] From Horton Township regarding a resolution on Funding Support for Infrastructure [Distributed to Members of County Council May 13, 2022] From Matthew Gventer, Co-Chair Kingston health Coalition calling for additional Paramedic Resources [Distributed to Members of County Council May 13, 2022] From Rural Frontenac Community Services providing its Q1 transportation report [Distributed to Members of County Council May 13, 2022] From the Township of East Hawkesbury regarding a resolution on Funding Support for infrastructure [Distributed to Members of County Council May 13, 2022] From the Township of Tay Valley regarding a Resolution supporting AMO’s concerns on Firefighter Certification [Distributed to Members of County Council May 13, 2022] From the City of Thorold regarding a Resolution on Sanctions against Russian [Distributed to Members of County Council May 13, 2022]
Regular Meeting of Council Minutes May 18, 2022
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Page 6 of 8
Other Business Public Question Period By-Laws – General By-laws and Confirmatory By-law a)
First and Second Reading
Motion #: 90-22
Moved By: Seconded By:
Councillor Vandewal Councillor Martin
Resolved That leave be given the mover to introduce by-laws a) and b) that have been circulated to all Members of County Council and that by-laws a) and b) be read a first and second time. Carried b)
Third Reading
Motion #: 91-22
Moved By: Seconded By:
Councillor Vandewal Councillor Martin
Resolved That by-laws a) and b) be read a third time, signed, sealed and finally passed. Carried By-Laws a)
b)
To amend By-law 2017-0048, being a by-law to adopt an Emergency Management Program and Emergency Response Plan and to meet other requirements under the Emergency Management and Civil Protection Act as it relates to the appointment of an alternate CEMC for the County of Frontenac To confirm all actions and proceedings of County Council on May 18, 2022
Regular Meeting of Council Minutes May 18, 2022
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Page 7 of 8
Adjournment Motion #: 92-22
Moved By: Seconded By:
Councillor Revill Councillor MacDonald
That the meeting hereby adjourn at 9:55 a.m. Carried
Denis Doyle, Warden
Regular Meeting of Council Minutes May 18, 2022
Page 1718, of2022 206 Minutes of Meeting held May
Jannette Amini, Clerk
Page 8 of 8
June 15, 2022 Report 2022-06
Page 18 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Administrative Report
Page 19 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
CAO Schedule • • • • • • • • • • • • •
OMAA Conference May 17-20 EOLC Finance Committee June 1 EOLC Board Meeting June 8 Administrative Building Design Task Force meeting, June 8, Frontenac Room EORN Annual General Meeting June 9 CDAC Meeting June 9 Eastern CAO’s Meeting June 9/10 CUPE 109 Bargaining June 13 EOWC Housing Summit June 14 & 15 County Council June 15 Emergency Management Exercise June 22 FLAOHT Partnership meeting June 23 EOWC Housing Summit June 24
Page 20 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Update – EOWC and EOLC • EOWC CAO’s meeting June 10, 2022 Picton, Prince Edward County Housing Summit June 15, 2022, Napanee
• EOLC Board Meeting June 8, 2022 Virtual AGM – July 13, 2022
Page 21 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
AMO Provincial and Federal Matters Policy Update – Blue Box Transition, Flood Hazard Identification Mapping Program, Conservation Authorities Act Regulations •
Blue Box Transition - A new Blue Box regulation was passed in June 2021 and amended this April. The regulation makes producers of packaging, paper, and packaging-like material responsible for the operation and financing of Ontario’s blue box system. Responsibility for the program shifts from municipal governments to producers between July 1, 2023, and December 31, 2025. A transition schedule is included as part of the Regulation.
•
Flood Hazard Identification Mapping Program – Survey Deadline June 17th - On May 31st, Conservation Ontario hosted a webinar for Conservation Authorities and Municipalities about the Federal Flood Hazard Identification and Mapping Program (FHIMP). The session was recorded and can be found here. At this webinar Natural Resources Canada spoke about the national priorities for the Program, eligible activities, and overall opportunities for Ontario, with a goal of sharing information and informing local project ideas. While a program has not yet been rolled out in Ontario, a survey “Canada’s Flood Hazard Identification and Mapping Program (FHIMP) - Ontario” is being used to express early interest in pursuing funding under the Flood Hazard Identification and Mapping Program should Ontario secure funding for projects. The deadline for survey responses is Friday, June 17th.
•
Conservation Authorities Act Regulations Webinar – June 22nd - Conservation Ontario and AMO will co-host a 1-hour webinar on Wednesday, June 22nd at 1:30pm to discuss the second phase of regulations under the Conservation Authorities Act. To register, click here.
Page 22 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
May 21 Thunderstorm Southern Ontario On May 21, thunderstorms with wind gusts up to 190 km/h, nickelsized hail, and heavy rain impacted many areas across southern Ontario with 63 communities impacted. • North Frontenac declared an emergency on May 23 due to widespread power outages, severe communication disruptions, and cell service disruptions affecting 911 service in the township and other rural areas. • Major impact was tree debris and power outages. The township continues to work through debris removal on municipal infrastructure and conducting damage assessments on infrastructure. • Home owners continue to work through removing debris on their private properties and making any necessary repairs. • MMAH and the Provincial Disaster Assessment Team (PDAT) attended North Frontenac on June 2 with an insurance adjuster gathering information for the two provincial funding programs, MDRA and DRAO. The municipality indicated they would be looking at making an MDRA application. The Minister of MMAH makes the decision if DRAO should be activated based on the information from the insurance adjuster. • Portions of the K&P Trail were hit as well and was closed north of Sharbot Lake on May 24 but were re-opened May 25. Volunteers were out on the weekend assisting with cleanup
Page 23 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
National Indigenous History Month June marks National Indigenous History Month. • The Truth and Reconciliation Commission of Canada - The work of the TRC has now been transferred to the National Centre for Truth and Reconciliation. • National Centre for Truth and Reconciliation. The NCTR is a place of learning and dialogue where the truths of the residential school experience will be honoured and kept safe for future generations. • Find out more on the 215 Innocent Children. • Indigenous Canada - A Massive Open Online Course (MOOC) from the Faculty of Native Studies, University of Alberta, that explores Indigenous histories and contemporary issues in Canada. From an Indigenous perspective, this course explores key issues facing Indigenous peoples today from a historical and critical perspective highlighting national and local Indigenoussettler relations. • Indigenous Canada is for students from faculties outside the Faculty of Native Studies with an interest in acquiring a basic familiarity with Indigenous/non-Indigenous relationships. Take online for free - Take the course for free by choosing the audit option on Coursera. Staff from all five Frontenac Municipalities meet monthly as part of the Frontenac Indigenous Partnership Building Working Group that work together to look at how we can build relationships with the Indigenous Community.
Page 24 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
AMO Provincial Matters •
In accordance with the Association’s governing by-law, the Secretary-Treasurer is requesting nominations to the 2022-2024 AMO Board of Directors. Nomination package available here. To participate in the AMO Board of Directors election and caucus lunches, choose your caucus when registering for the 2022 AMO Conference. On Wednesday, June 22 at 1:30 pm Conservation Ontario and AMO will host a webinar on the recent Phase II regulations to the Conservation Authorities Act. Registration details coming soon.
Page 25 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Three Significant Projects • Administrative Building Redevelopment • Communal Services Business Case Study • New Paramedic Station – 2069 Battersea Road
Page 26 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Administrative Building Redevelopment •
Administrative Building Design Task Force had a joint meeting with the CRCA task force on June 8.
•
Report is on the Agenda for Council’s consideration.
•
If approved, construction could begin as early as June 27 (pending Site Plan Approval from the City) with a completion date by September 2023
Page 27 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Page 28 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Page 29 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Next Steps • June 8/22 – approve the motion to recommend to Council Be It Resolved That the Office of the Chief Administrative Officer – Review and Award of the RFP for the redevelopment of the Administrative Building report be received; And Further That the Council of the County of Frontenac authorize the Warden and Clerk to enter into an agreement with Emmons & Mitchell Construction (2000) Ltd for the Renovations & Additions for Joint Admin Facility for the County of Frontenac and Cataraqui Regional Conservation Authority in the amount of Four Million, Four Hundred and Ninety Thousand ($4,490,000.00), subject to the approval by the Cataraqui Region Conservation Authority (CRCA).
• June 15/22 – recommendation goes to County Council + CRCA Board • June 16/22 – award of contract • July 1/22 – mobilization – remote work staff (except for select admin) • Jan 1/23 – CRCA moves in to renovated Paramedic Suite • End of 23 – All back in office
Page 30 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Communal Services – Business Case Study (BCS) Important Notes • Proposed Public Meeting to be held July 13th • BCS is still “draft” and can be amended based upon input received • BCS (as amended?) will be recirculated to the five municipalities for consideration • BCS is the definitive document – the two WSP reports are provided as background • Local planning authority is not affected by the creation of a MSC • Rec. #44 from the Prov. Housing Task Force recommends creation of MSC for utilities
Page 31 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Frontenac Paramedics – New Station 2069 Battersea Road • Approved by Council to go out for an RFP at the May 18, 2022 Council meeting • Anticipate release on June 20, 2022 with a closing date on July 13, 2022 • Caution: the closing date is aggressive and may be delayed. A special Council meeting may be required – likely virtual.
Page 32 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Human Resources Update •
2022 – 271 postings as at June 7, 2022 – High level of competition for RN, RPN, PSW, paramedic positions resulting in difficulty in filling and lengthy time to fill – Key County Admin positions filled: Executive Assistant, Administrative Assistant – Frontenac Paramedics, Finance Clerk – Payroll & Benefits (2 internal) – Recruiting for Administrative Clerk, Corporate Services
•
Negotiations: – CUPE 109 bargaining – June 13th – OPSEU – July 24, 25 – CUPE 2290 – next dates November
• •
Investigations - 1 HRIS – ongoing data upload for payroll; recruitment, onboarding, offboarding modules, training and development; performance management, succession planning; scheduling module commencing shortly – Heavy workload for finance and HR
•
Right to Disconnect legislation – policy shared with all staff
Page 33 of 206 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Engagement & Communications Update for May, 2022 Website Pageviews FrontenacCounty.ca InFrontenac.ca FrontenacMaps.ca EngageFrontenac.ca
31,391 14,087 7,620 588
Social Media Engagement County Facebook & Instagram County Twitter County Youtube FPS Twitter Visit Frontenac Facebook & Instagram Visit Frontenac Twitter Fairmount Facebook K&P Trail Twitter H.I. Ferry Twitter
5,532 223 315 1,045 26 8 2,424 15 1,168
Total engagements in May Change from April 2022 Change from April 2021
64,442 18% 320%
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Around Frontenac in May There was solid uptake by mainstream media and good engagement on social media for the Mau 18 announcement regarding a new Frontenac Paramedics station.
Social media audiences were also engaged in May by a post of this picture captured by Howe Island County Ferry crew and submitted for use on County social channels.
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Planning Department Update • Sharbot Lake School Site Redevelopment – Communal Services Feasibility Study • Work on the feasibility study for redeveloping the former Sharbot Lake school site on communal services is progressing well. Revisions are being made to the consultant’s draft report and staff anticipate presenting the final report to township council before the end of July.
• Central Frontenac Zoning By-Law • Central Frontenac is in the early stages of the comprehensive review of their zoning by-law. There are a number of zoning topics (e.g., trailers, backyard chickens, etc.) being put forward for public comment through Engage Frontenac.
• Marysville Secondary Plan • The Official Plan Amendment to implement the secondary plan for the Village of Marysville is available on Engage Frontenac. There was an open house on April 27 and a public meeting on May 9. One further public meeting is planned for July 5 before the final version of the proposed amendment is presented to township council.
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Planning Application Update - Townships • Applications have started to increase over May and June. Frontenac Islands had the Marysville Secondary Plan OPA public meeting in addition to Committee of Adjustment files. • Now that spring is here, and site and septic inspections have resumed, staff are seeing an increase in the number of applications to the various committees of adjustment.
24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0
22
10
2
North Frontenac
Central Frontenac Number of Applications
Frontenac Islands
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Economic Development Update Community Improvement Plan (CIP) • 4 Focus Groups and one-on-one meetings were held in May to review Economic Development Priorities.
Trails • Trail Activation Signs being installed late June • Frontenac App launching late June Create itineraries, navigate the K&P Trail virtually, and collect points at registered businesses • Verona Trailhead Ribbon Cutting late June Open Farms • Open Farms 2022 - September 10 & 11 Farms in both Frontenac & Kingston Farms will be ticketed
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Staff Updates • Welcome Back Brieanna who is now the new Executive Assistant to the CAO and Director of Corporate Services • Congratulations Denielle Dickson who has accepted the permanent position of Administrative Assistant in Emergency and Transportation Services • Congratulations Matthew Fodey who has accepted the Temporary Full-Time position of Human Resources Assistant • Congratulations Yuko McEvoy who accepted the permanent position of Payroll & Benefits Clerk • Farwell to Jacob Nagora – Payroll Clerk who has moved on to bigger and better things
Report 2022-063 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Kelly Pender, Chief Administrative Officer Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
June 15, 2022
Re:
Corporate Services – Setting of a Public Meeting for the Business Case Study on Communal Services
Recommendation Be it Resolved that the Council of the County of Frontenac receive the report, Corporate Services – Setting of a Public Meeting for the Business Case Study on Communal Services; And Further That the County of Frontenac host a Public Meeting in combination of in person and virtual on Wednesday, July 13, 2022 at 6:00 p.m. in the Township of South Frontenac. Background Prior to final consideration of the creation of a Municipal Service Corporation (MSC), a municipality must prepare a Business Case Study (BSC) and receive public input. At the September 15, 2021 meeting of Council, a draft BSC was reviewed and the following motion was approved:
- 2021-068 Communal Service Governance DRAFT Business Case Study
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Be It Resolved That the Communal Service Governance – DRAFT Business Case Study (September 9, 2021) be received and amended as follows:
- Under Asset Transfer Policy section, change the word options to scenarios
- Under Community Benefit and Dividends section, change the word options to scenarios
- Under MSC Duty to the Shareholders section, second paragraph, insert the words “by the Corporation” before to the word annually in the last sentence.
- On the title page add the words The Shareholders above the 5 municipalities listed. And Further That the DRAFT Business Case Study dated September 9, 2021, as amended, be provided to the member municipalities for their review and input prior to the end of October 2021. As reported to County council at its regular meeting held November 17, 2021, the Townships of Frontenac Islands, Central Frontenac and North Frontenac approved moving forward to the public consultation phase of the business plan without comment. The Township of South Frontenac provided eight comments/questions and requested delaying the final public input pending a response to their inquiries. As a result, staff recommended that the questions and comments be reviewed by Council and that public consultation be deferred to January 2022. This resulted in the following resolution passed by County Council, being Recommend Reports from the Chief Administrative Officer, clause d): d)
2021-104 Office of the Chief Administrative Officer Communal Services – Draft Business Case – Review of Comments
Motion #: 179-21
Moved By: Seconded By:
Councillor Higgs Councillor MacDonald
Be it Resolved that the Council of the County of Frontenac receive the report, Communal Services – Draft Business Case – Review of Comments for information; And Further That the County of Frontenac approve the minor technical amendments to the Municipal Service Corporation – Draft Business Case Study based upon the input received from the Township of South Frontenac; And Further That the revised draft and question responses provided in the report be provided to the Townships of South Frontenac, Frontenac Islands, Central Frontenac and North Frontenac; And Further That the revised Business Case Study be posted on the Engage Frontenac web site early in 2022 for a period of thirty (30) days. Carried
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Comment At the County Council meeting held on January 19, 2022, Deputy Warden Higgins submitted a Council report to County Council provided the below Motion which was adopted by County Council: a)
Proposed Public Meeting and Consultation regarding the Communal Services project
Motion #: 13-22
Moved By: Seconded By:
Deputy Warden Higgins Councillor Martin
That the County Planning Department schedule a Communal Services Public Meeting, in addition to public consultations, to address any concerns by the community at large; And Further That all Township Councils be invited to said meeting. Carried The power to establish Municipal Service Boards is found under Sections 195 to 202 of the Municipal Act. Ontario Regulation 599/06 requires that a municipality adopt a business case study before it uses its powers to establish a municipal service board. In terms of the adoption of a business case study, section 8 of O.Reg 599/06 sets out the following criteria in terms of public participation on the adoption of a business case study: Public participation
- Before establishing a corporation under section 3, a municipality shall consult with the public about the proposal to establish the corporation. As noted, the regulation is silent on how a municipality is required to consult with the public. To date, the County of Frontenac has provided the opportunity for the public to understand the project and provide feedback on the County’s engagefrontenac.ca site under the Learn about the advantages of communal water and wastewater services project as per the requirements of the motion 179-21 passed by County Council at its November 17, 2021 meeting. Both the EngageFrontenac.ca and the County’s social media channels have been used to engage and consult with the public. Although the EngageFrontenac.ca site meets the requirements under the regulations, a public meeting would enhance the County’s public engagement, and the County’s social media channels can be used to encourage and drive people to the public meeting. Staff are recommending the Public Meeting be held in the Township of South Frontenac as this is a central location for all 4 Townships. Should Council support this location, staff will work at securing a venue for the meeting, possibly the Verona Lions Hall if available.
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Page 3 of 4
It should also be noted that correspondence received from the Clerk of the Township of South Frontenac advises that the Council of the Township of South Frontenac passed the following resolution at their meeting held May 17, 2022: Resolution # 2022-22-08 Moved by Councillor Sutherland Seconded by Councillor McDougall That Council support the publishing of the Draft Frontenac Municipal Services Corporation Business Case Study for public review and comment by the County of Frontenac. (Carried) Strategic Priority Implications Priority 2.1: To meet the needs of future capital projects, explore new sources of funding support (current and future programs), cost-sharing options and other potential economies. Financial Implications There are no financial implications at this point. Organizations, Departments and Individuals Consulted and/or Affected Council and Senior Staff – Member Municipalities
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Report 2022-067 Council Recommend Report To:
Warden and Council of the County of Frontenac
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Susan Brant, Administrator
Date of meeting:
June 15, 2022
Re:
Fairmount Home – Authorization to Proceed with Replacement of Nurse Call Bell System
Recommendation Be It Resolved That the Council of the County of Frontenac proceed with the purchase to replace the Nurse Call Bell system And Further That any surplus on the municipal contribution in 2022 should be used to offset the costs over budget to purchase and implement the Nurse Call Bell system And Finally That County Council authorize the use of the Fairmount Capital Replacement Reserve for any County share exceeding the capital budget and the municipal surplus to purchase and implement the Nurse Call Bell System Background As part of the 2022 budget deliberations, County Council approved the replacement of the Nurse Call Bell system. The budgeted cost for replacement was $192,000. The Request for Proposal was issued April 4, 2022, to decommission the current nurse call system as well as supply and install a new standalone Nurse Call System, including resident bed stations, pull cord stations (washrooms / tub rooms), public/general area call points, corridor dome lights, annunciator corridor displays, call cords, report functionality, wireless phone base station, antenna(s) and new handsets to replace the existing system(s) at Fairmount Home.
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Comments The new system will provide real time location staff badges that monitor staff badge locations to automatically cancel nurse call requests when staff enter the residents room. In addition, the badges provide built in staff assist and duress buttons to summon urgent assistance to their exact location. The new system must also integrate with the wireless phone system, the existing fire alarm system, resident wander system and must meet the Ministry of Long-Term Care standards. Pricing included all materials, installation labour and equipment, cabling, termination, cutting and patching, programming, and verification. Financial Implications The County of Frontenac budgeted the cost of replacement of the Nurse Call Bell system to be $192,000 by applying an inflationary factor to the system purchased in 2004. Once vendors were permitted to enter the building and do a full quotation based on our specifications, prices to replace the system came back between $286,500 and $505,000. The preferred vendor quoted for replacement of the Nurse Call Bell system at a value of $316,993.55. Staff recommend that County Council goes forward with the purchase of the Nurse Call Bell system, and funds the difference between budget and the quotation in the following order:
- If there is a surplus on the municipal contribution, to use that surplus to offset the difference between the cost and what was budgeted
- If there is no surplus, or, if the surplus does not exceed the difference between the cost and what was budgeted, to offset the remaining County share of the project through the Fairmount Capital Replacement Reserve
Strategic Priorities Implications Priority 2
Explore new funding sources and invest wisely in critical long-term infrastructure.
2.1
To meet the needs of future capital projects, explore new sources of funding support (current and future programs), cost-sharing options and other potential economies.
2.4
Finalize plans and financing to replace/construct/renovate aging County buildings now used for administration services (through a shared administrative facility if possible).
Recommend Report to Council Fairmount Home – Authorization to Proceed with Replacement of Nurse Call Bell System June 15, 2022
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Organizations, Departments and Individuals Consulted and/or Affected Alex Lemieux, Director of Corporate Services/Treasurer
Recommend Report to Council Fairmount Home – Authorization to Proceed with Replacement of Nurse Call Bell System June 15, 2022
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Page 3 of 3
Report 2022-070 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Alex Lemieux, Director of Corporate Services/Treasurer
Date of meeting:
June 15, 2022
Re:
Corporate Services – Approval of Asset Management Plan for Core Assets
Recommendation Be It Resolved That the Council of the County of Frontenac receive the Asset Management Plan for Core Assets report for information; And Further That the Clerk be authorized to bring forward a by-law later in the meeting to approve the Asset Management Plan for Core Assets attached to this report as Appendix A. Background On December 27, 2017, under the Infrastructure for Jobs and Prosperity Act, 2015, the Province enacted Ontario Regulation 588/17, Asset Management Planning for Municipal Infrastructure. The regulation set forth the following timelines: •
Strategic Asset Management Policy (July 1, 2019): Requires municipalities to outline commitments to best practices and continuous improvements
•
Asset Management Plan (July 1, 2022*): For “Core Assets”, include inventory of assets, current levels of service measured by standard metrics and the costs to maintain level of service. Core assets are defined as roads, bridges, stormwater and wastewater assets
•
Asset Management Plan (July 1, 2024*): Extend requirements for core assets to all asset classes
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•
Asset Management Plan (July 1, 2025*): Builds on first phases of the asset management plan and add proposed levels of services and lifecycle management and financial strategy to asset management plan
*Deadlines were extended by one year from the original O.Reg 588/17 dates following the COVID-19 pandemic Comment The County of Frontenac’s assets which fall under the definition of “Core Assets” under O.Reg 588/17 are all located on the K&P Trail. For consistency and ease of use, the updated asset management includes those Core Assets as well as reflecting the entirety of the K&P Trail. The County of Frontenac took the first step towards compliance with O.Reg 588/17 by approving the Strategic Asset Management Policy in 2019 (Appendix B). The principles of being forward looking, transparent, consistent, and community-focused outlined in the policy guided the development of the asset management plan. The approval of the Asset Management Plan for Core Assets provided in Appendix A will allow the County of Frontenac to remain in line with provincial standards and regulations to enable the organization to take full advantage of available grant funding opportunities. More importantly, it represents an important step to align the County’s mission and goals to a formal plan to ensure that core municipal infrastructure assets are maintained and provided to the community in a reliable, sustainable manner. Strategic Priority Implications Priority 2: Explore new funding sources and invest wisely in critical long-term infrastructure Financial Implications Accepting the updated Asset Management Plan does not inherently create financial implications, however it will begin to assist in the decision-making and priority setting process in upcoming budgets. Organizations, Departments and Individuals Consulted and/or Affected Kathie Shaw, Senior Financial Analyst Richard Allen, Manager of Economic Development Lydia Morrow, GIS Student Ryleigh Rioux, GIS Student
Recommend Report to Council Corporate Services - Approval of Asset Management Plan for Core Assets June 15, 2022
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Page 2 of 2
County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022
Prepared by the County of Frontenac Staff
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Contents Executive Summary…………………………………………………………………………………………….6 Context…………………………………………………………………………………………………………..6 What is an Asset Management Plan? …………………………………………………………………6 What is it worth?………………………………………………………………………………………………7 What will it cost? ……………………………………………………………………………………………..7 What is the condition of the asset? …………………………………………………………………….8 What are the risks? ………………………………………………………………………………………….9 How do we manage the risk?…………………………………………………………………………….9 How confident are we?……………………………………………………………………………………..9 What will we do? ……………………………………………………………………………………………10 What can you do? ………………………………………………………………………………………….11 County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 2
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Background………………………………………………………………………………………………………11 Current State of Local Infrastructure…………………………………………………………………….12 Asset Condition ……………………………………………………………………………………………..14 Levels of Service ………………………………………………………………………………………………20 Lifecycle Costs………………………………………………………………………………………………….23 Trail Maintenance…………………………………………………………………………………………..24 Capital Costs…………………………………………………………………………………………………25 Funding……………………………………………………………………………………………………………27 Future Demand…………………………………………………………………………………………………31 Risks ……………………………………………………………………………………………………………….32 Further Reading………………………………………………………………………………………………..35 Appendix 1: Culvert Inventory and Condition ……………………………………………………….36
FIGURES Figure 1 Map of K&P Trail ……………………………………………………………………………………4 Figure 2 Millhaven Creek Bridge …………………………………………………………………………12 Figure 3 Hardwood Creek Bridge ………………………………………………………………………..15 Figure 4 White Creek Bridge ………………………………………………………………………………16 Figure 5 Map of K&P Trail Bridges ………………………………………………………………………18 Figure 6 Bolton Creek 85-435 Mill Pond Bridge before remediation …………………………18 Figure 7 Bolton Creek Bridge North 86-015 ………………………………………………………….20 Figure 8 Fish Creek Bridge…………………………………………………………………………………21 Figure 9 Hardwood Creek Bridge – before and after remediation …………………………….24 Figure 10 K&P Trail Structure Diagram ………………………………………………………………..25 Figure 11 Elbow Creek Bridge…………………………………………………………………………….28 GRAPHS AND TABLES Chart 1: Graph of Historical Capital Cost by Year ……………………………………………………7 Chart 2: Graph of Forecast 20-Year Capital & Maintenance Costs…………………………….8 Chart 3: Table of Calculated Average Condition Rating ……………………………………………9 Chart 4: Graph of Historical Acquisition Costs……………………………………………………….13 Chart 5: Table of Acquisition Costs and Replacement Value …………………………………..13 County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 3
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Chart 6: Table of Bridge Inventory and Condition ………………………………………………….16 Chart 7: Graph of Condition Rating of Bridges and Culverts by Percentage………………18 Chart 8: Table of Condition Gradings …………………………………………………………………..19 Chart 9: Table of Average Condition Rating ………………………………………………………….20 Chart 10: Table of Levels of Service…………………………………………………………………….22 Chart 11: Graph of Trail Maintenance 20-Year Cost Forecast …………………………………25 Chart 12: Graph of Capital Asset 20-Year Cost Forecast by Type……………………………26 Chart 13: Graph of Historical Trail Funding by Source ……………………………………………28 Chart 14: Graph of Capital and Maintenance Costs 20-Year Forecast ……………………..29 Chart 15: Table of Forecast Capital Funding and Costs 2022-2024 …………………………31 Chart 16: Table of Risk, Consequence, and Mitigation …………………………………………..34
County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 4
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Figure 1 Map of K&P Trail
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Executive Summary Context Core assets are considered roads, bridges, culverts, water, wastewater, and stormwater management systems. The County of Frontenac does not maintain any roads but we do have bridges and culverts as part of the K&P Trail; this asset management plan will consider the K&P Trail as a whole for infrastructure asset purposes. The County of Frontenac Council is the custodian of the K&P Trail which is held on behalf of the community. The trail runs from the County’s south boundary with the City of Kingston, through South, Central, and North Frontenac Townships. While still under development, it will eventually reach 90 kilometres in length to meet the boundary with the County of Lanark to the north. Council holds these assets to support the delivery of recreation, transportation, and economic benefits to the community, as well as to visitors of Frontenac County. The K&P Trail is an integral part of the County of Frontenac’s Mission and Vision Statements: County of Frontenac Mission Statement The effective, efficient, and sustainable delivery of service to citizens. County of Frontenac Vision Statement The County of Frontenac is committed to sustaining diverse, strong, and resilient rural communities known for their unique natural environment and lifestyle choices. This document serves as the asset management plan for the core assets of the County of Frontenac and the K&P Trail. The asset management plan for non-core assets will continue to refer to the 2013 Asset Management Plan prepared by Public Sector Digest and can be accessed here: https://www.frontenaccounty.ca/en/resourcesGeneral/Planning-documents-/County-ofFrontenac-Asset-Management-Plan-2013.pdf. An updated plan for non-core assets will be available by July 1, 2024, in line with the deadlines proposed in Ontario Regulation 588/17 requirements.
What is an Asset Management Plan? An Asset Management Plan (AMP) is a process whereby all the information on infrastructure assets is assessed to ensure that delivery of services from the assets is done in a financially sustainable manner while meeting the customer expectations. On December 27, 2017, the Ontario government released Ontario Regulation 588/17 Bill 6. This legislation sets out timelines and guidance for municipalities to approve an County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 6
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Asset Policy and then subsequent Asset Management Plans for different categories of infrastructure assets.1 The County of Frontenac approved the Strategic Asset Management Policy at the June 19, 2019, Council meeting as presented in Report 2019-068 for By-Law 2019-00242. The core asset AMP, as mandated by the Ontario government and due July 1, 2022, requires identifying your assets, the current levels of service and the cost of maintaining those current levels of service3.
What is it worth? The K&P Trail has a current replacement value of $5,670,221. This is based on capital costs expended on the trail since 2008, at current value for trail upgrades, bridges and culverts, and including the land purchased at historical value. There are currently 8 bridges and 84 culverts on the developed portion of the trail. Bridges and culverts account for 26% of the replacement value, or $1,488,859. The trail continues to grow as it is extended north to the boundary with Lanark County,
Chart 1: Graph of Historical Capital Cost by Year
What will it cost? The forecast financial outlays needed to provide the services covered by the Asset Management Plan, which includes operations, maintenance, renewal, and upgrade costs of existing and new assets over the next 20 years is an average of $661,970 per 1 O.Reg 588/17: https://www.ontario.ca/laws/regulation/170588 2 Bylaw:
https://frontenac.civicweb.net/filepro/documents/169957/?preview=189058; Policy available upon request 3 O.Reg 588/17 deadlines: https://www.ontariocanada.com/registry/view.do?postingId=37568
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year. The biggest investment in this trail will come in 2022 and 2023 as the trail is expanded the final 20 km to the north, with forecasted total costs of $2,475,890 for those 2 years.
Chart 2: Graph of Forecast 20-Year Capital & Maintenance Costs
What is the condition of the asset? The condition of the K&P Trail is made up of component parts consisting of bridges, culverts and the trail surface. •
• •
The bridges have been assessed every other year as required by Ontario Regulation 104/97 through the Ontario Structure Inspection Manual (OSIM) inspection.4 This is a third-party review, as performed under the direction of a professional engineer and was last done in 2019 for 5 bridges and in 2020 for newly acquired bridges. The culverts were inventoried, and the condition assessed by internal County staff in 2020. The surface itself does not have a formalized condition assessment at this point but is maintained yearly and reviewed on a monthly basis. The trail has accounting data to determine the estimated useful life remaining.
4 OSIM Manual:
https://www.library.mto.gov.on.ca/SydneyPLUS/Sydney/Portal/default.aspx?component=AAAAIY&record =2cc7e50c-3d41-4468-90f1-0788368ce945
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Asset
Estimated Useful Life
Number Average of Assets Rating
Bridges Culverts Trail Surface
30 years 60 years 15 years
8 84 70 km
Fair Good Excellent
Estimated Useful Life Remaining 40-59% 60-79% 67%
Average Life Remaining 12-18 years 35-47 years 10 years
Chart 3: Table of Calculated Average Condition Rating
What are the risks? • • • • • • • • •
Lack of funding to pursue our goals and maintain the trail to the level of service indicated in the asset management plan Inability to acquire the land needed to extend the trail north. Climate extremes which can cause damage to the trail through floods, or lack of snow for the snowmobile clubs to monitor the trail in winter. Beaver activity which can block bridges and culverts to cause flooding. Deterioration of bridge structures at a faster rate than expected causing closures. Changing expectations from the public who may want more features than planned. Changing demographics of the public requiring more accessible features to the trail. Changes to legislation which may make structures in the trail network noncompliant. Liability for accidents on the trail if it is not maintained to a minimum standard with proper signage.
How do we manage the risk? • • • • • • • •
Regular inspections of the trail network, including the biennial OSIM bridge inspections. Monitoring customer satisfaction through regular surveys. Monitoring use of the trail by user type through counting devices and maintaining the trail accordingly. Prioritizing renewal and replacement programs for trail structures such as bridges and culverts. Proactive planned annual maintenance for the entire length of the trail. Timely action on reported trail issues. Regular updates to Council on the state of the trail and funding needs. Actively searching and applying for available grants and funding.
How confident are we? This is the first Asset Management Plan we have done for the K&P Trail and was prepared by internal County staff with the best available information. We have a medium level of confidence in the information presented. The trail is not complete and is quickly becoming an important asset to the County of Frontenac. The K&P Trail is County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 9
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relatively early in its lifecycle with construction starting in 2009; our experience with major maintenance is limited and we expect our estimates to improve over time. •
• • • • •
By legislation, the bridges are inspected every other year by a third-party consultant overseen by an engineer. This gives us confidence in the bridge conditions as presented but the majority of the data is from 2019. We have acquired additional bridges since that time. OSIM inspections are planned for 2022 for all bridges. We have only done one culvert inventory and condition rating at this time, completed by internal staff on the 70 km of trail that were completed at that time. We plan a further inventory in 2022. We are implementing regular trail reviews and currently rely on outside groups such as the local ATV and snowmobile clubs for this data. We have issued only one customer survey but plan to make it a regular feature. As we build upon these reports year over year, the data will become more complete, and we can build more confidence in the plans presented. There is great interest in seeing this trail succeed from the Council, the staff, the residents, and the visitors to our area.
What will we do? We plan to expand and maintain the K&P Trail. • • • • • • • • • • • •
Acquire properties to expand the trail northward Third party review, performed under the direction of a professional engineer, of all bridges through an Ontario Structure Inspection Manual (OSIM) inspection, required every other calendar year per Ontario Regulation 104/97. Upgrade the remaining 20 km area north of Clarendon Station as the sections are acquired. Review and update the K&P Trail Management Plan every 5 years or as required. Review and update the Core Asset K&P Trail Asset Management Plan every 5 years or as required. Continuous improvement on the trail as funding permits, such as parking areas and edge protection. Explore grant and other funding opportunities as they are offered. Work in partnership with trail organizations, neighbouring municipalities, and local trail interest groups, for the benefit of the trail. Maintain a presence on social media with frequent updates for trail conditions. Use a trail maintenance application for quick and easy tracking of trail conditions and repair needs. Monitor staff availability and skill set to ensure that the right resources are working on maintenance and development. Standardize all the condition ratings of the bridges, culverts, and trail surface so that they are assessed on the same scale.
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• • • • • •
Investigate expansion of the trail to Wolfe Island. Keep Council informed of any trail developments or requirements. Conduct regular culvert inventory and condition reviews. Plan on regular customer feedback surveys. Implement “Pay for Use” to motorized recreational traffic through a permit system. Develop a K&P Trail By-Law to provide enforcement measures to the Ontario Provincial Police and municipal bylaw officers when responding to safety and property issues on and along the K&P Trail.
What can you do? We will be pleased to consider your thoughts on this K&P Trail Asset Management Plan. Better understanding of community needs can help us improve user experience, attract more users, and provide services more efficiently. We want to ensure that the appropriate level of service can be provided to the community within the funding limits we have.
Background The K&P Trail is an inherited asset to the County of Frontenac which is based on the rail bed of the old Kingston & Pembroke (K&P) Railway. Constructing a trail from a former rail line is commonly known as a “rail-trail”. The total rail bed was part of a 177 km line from downtown Kingston north to Renfrew. The City of Kingston acquired the K&P corridor within its boundaries and opened it to the public by December 2007. Subsequently, Frontenac County acquired sections of the rail line right of way within its boundary and conversion to an active trail began in 2012 from the boundary with Kingston at Orser Road north to Harrowsmith at Highway 38.5 The Frontenac County section of the K&P Trail is supported through effective management by Frontenac County Council and is intended to be a signature rail-trail experience in Eastern Ontario. The K&P Trail connects an artery of Frontenac’s communities: Harrowsmith, Hartington, Verona, Godfrey, Tichborne, Sharbot Lake, and Clarendon Station, with Mississippi Station and Snow Road Station to follow. The K&P Trail intersects with two other regional rail trails; the Cataraqui Trail and the Tay-Havelock Trail, with portions of all three rail-trails serving as the Trans Canada Trail route through Frontenac County, and thus it is affiliated with the longest trail network in Canada.6 The K&P Trail is part of the strategic priority for the County as defined in the County’s Strategic Plan to “refine and invest in efforts to accelerate economic development –
5 K&P Trail Management Plan Page 10 with footnote re Frontenac Official Plan 4.1.4.2. 6 Ibid Page 8 with footnote re K&P Implementation Plan 2009 pg. 3.
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grow business attract more visitors and (ultimately) expand the tax base”.7 The Frontenac K&P Trail provides low cost, sustainable activity that reduces health costs and attracts people to settle in the community providing sustainable growth. Trails may generate regional and out-of-province tourism spending at retail and accommodation businesses. Per the 2019 K&P Trail customer survey, store owners along the trail at Godfrey estimate 25% to 35% of snowmobiles stopped in for supplies and/or gas when they parked their trailers in the store parking lot.8 These benefits represent a large economic return on the money invested into trail projects. The costs of land acquisition, construction and maintenance for trails is outweighed by the economic benefits generated.
Current State of Local Infrastructure Figure 2 Millhaven Creek Bridge
As of 2021, the County of Frontenac owned and maintained 70 km of trail which had 8 bridges and 84 culverts within it. This asset is recorded on the financial statements of the County at the historical cost of the land and asset acquisitions, along with the remediation work, and bridge replacement costs that has occurred on the trail network starting in 2008 with the first land purchase. These costs are calculated and recorded according to the thresholds set in the County of Frontenac Tangible Capital Asset Policy FIN-09-10-3. In general, the threshold to record an asset as capital is $5000 and it is expected to be in service longer than a year; if the work is replacing a previous asset, it should improve upon the original (a “betterment”). A portion of these costs are then expensed on the financial statements year over year through depreciation (or amortization) which divides up the costs based on the expected life of the work that was done. The Net Book Value is the original value of the asset
7 Ibid Page 10 re the County of Frontenac Strategic Plan Page 2 8 K&P Trail Management Plan Page 11 Footnote.
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less any depreciation that has taken place to date. The Net Book Value can give a snapshot estimate of the age of the infrastructure if considered as a percentage of the original cost. Note that this does not necessarily reflect the condition of the asset but can be used in conjunction with it. If the work does not meet the threshold of a Tangible Capital Asset, or the work occurs every year, it is expensed all in one year in the financial statements. Maintenance-type work would be expensed in the same year it occurs. The following is a snapshot of the K&P Trail capital assets at the end of 2021. A detailed listing of the component parts is available upon request.
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Chart 4: Graph of Historical Acquisition Costs Acquisition Cost
Depreciation
Net Book Value
Bridges 863,368 Culverts Land 717,309 Trail Improvements 3,443,344 Counters 49,959 Total $ 5,073,980
108,301 1,107,529 4,114 1,219,944
755,067 717,309 2,335,815 45,845 $ 3,854,036
Asset
$
% of Acquisition Cost Remaining 87% 0% 100% 68% 92% 76%
Replacement Value $ $ $ $ $ $
1,287,259 201,600 717,309 3,412,530 51,523 5,670,221
Chart 5: Table of Acquisition Costs and Replacement Value County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 14
The replacement value is estimated as the cost to purchase the assets that have been acquired in today’s currency value. What if we had to start over? How much would we need to spend? This is a conservative estimate but also includes the cost of culverts, should they be replaced. Culverts would have been part of the original land purchases. Land is shown at historical value since a current value cannot be reasonably estimated within the limitations of this asset management plan and considering the real estate climate of 2022.
Asset Condition Figure 3 Hardwood Creek Bridge
Often the age of an asset is used as a quick point of reference to determine its remaining useful life and translate this into a condition index. As an inherited asset, it is not always easy to determine the age of the structures within the K&P trail system. And since age is not always a good placeholder for condition, it is important to assess the condition of the bridges, the culverts, and the trail surface on a regular basis. As of 2021, the County of Frontenac was responsible for 8 bridges and 84 culverts, along with 70 kilometres of trail. As the trail continues to grow, a further 5 bridges and 20 kilometres of trail will be added, along with an unknown number of culverts. A formalized bridge inspection process is mandated by Public Transportation and Highway Improvement Act (2010) Ontario Regulation 104/97 and 472/10 Section 2(3) Standards for Bridges9:
9 Legislation O.Reg 472/10 amending O.Reg 104/97:
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fdu0tsrdospf80.cloudfront.net%2Fdo cs%2FR10472_e.doc&wdOrigin=BROWSELINK:
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The structural integrity, safety and condition of every bridge shall be determined through the performance of at least one inspection in every second calendar year under the direction of a professional engineer and in accordance with the Ontario Structure Inspection Manual. The Ontario Structure Inspection Manual (OSIM) has been used for bridge inspections in Ontario since 1985 and underwent significant modifications in the year 2000. The objectives and goals of an OSIM inspection are10: • • • •
to maintain structures in a safe condition; to protect and prolong the useful life of structures; to identify maintenance, repair and rehabilitation needs of structures; and, to provide a basis for a structure management system for the planning and funding of the maintenance and rehabilitation of structures.
10 OSIM Section 1.2.2 Objectives, Page 1-1-2 [OSIM PDF Pg 18]
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The OSIM manual defines a bridge as11: A structure which provides a roadway or walkway for the passage of vehicles, pedestrians or cyclists across an obstruction, gap or facility and is greater than or equal to 3 m in span.
An OSIM inspection must be carried out by a certified engineer or engineering firm. The County of Frontenac uses the results of these inspections in the preventative maintenance work schedule, or if extensive, in the capital replacement plan. Repairs and refurbishment plans can be made and then implemented against the review to bring the bridges up to provincial standards as a priority for capital construction on the trail. Figure 4 White Creek Bridge
Per the OSIM manual four Condition
States have been defined for bridge elements12: Excellent, Good, Fair and Poor. A list of the bridges on the K&P Trail as of November 2020 with their condition rating follows.
11 OSIM General Definitions, Page v [OSIM PDF Pg 9] 12 OSIM Preface, Page ii [OSIM PDF Pg 6]
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Bridge Name Millhaven Creek Hardwood Creek White Creek Elbow Creek Fish Creek Bolton Creek S 85-200 Bolton Creek 85-435, Mill Pond Bolton Creek N 86-015
County of Frontenac Bridge Inventory & Condition, OSIM 2019, 2020 Bridge Trail Kilometre Upgrades Year Condition Rating Material Mark Since OSIM Index (BCI) Modular Pre-Engineered 2010 South of km 26 70 Fair Steel Upgraded South of km 39 61 Fair Steel Truss 2021 Between km 47 2014 68 Fair Steel Girder and 48 Between km 57 To be 2015 68 Fair Solid Slab and 58 Upgraded Between km 59 2015 70 Fair Longitudinal Timber Deck and 60 Between km 85 Concrete; was thought to be Unknown N/A N/A and 86 a culvert. No OSIM Between km 85 Upgraded Unknown 48 Poor Wood Beams, Girders, Piers and 86 2020 Wood Beams, Steel Girders, Unknown North of km 86 65 Fair Concrete Abutments
Chart 6: Table of Bridge Inventory and Condition
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Figure 5 Map of K&P Trail Bridges
Figure 6 Bolton Creek 85-435 Mill Pond Bridge before remediation
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Culverts are also an important part of the trail network. A structural culvert is defined as13: A Structure that forms an opening through soil and has a span of 3 metres or more, or a sum of individual spans of 3 metres or more for adjacent multiple cell culverts… The 84 culverts on the K&P Trail are not structural in nature and, as such, do not fall under the O.Reg104/97 and 472/10 inspection mandate, nor the O.Reg 588/17 regarding the Asset Management Plan. However, Frontenac County recognizes that culverts are an important component of the K&P Trail and has carried out its own culvert inventory and inspection. A detailed list of culverts and their condition as of November 2020 can be found in Appendix 1. An updated inventory of culverts will be completed in 2022. A summary of the state of the condition of bridges and culverts is represented below.
Chart 7: Graph of Condition Rating of Bridges and Culverts by Percentage Note that the 2021 replacement of the decking on the Hardwood Creek bridge is considered to have elevated its condition from Fair to Good and is reflected in the above graph. The culverts were rated by internal staff on a 5-level scale of Excellent, Good, Fair, Poor, and Very Poor, as were the bridges in the 2019 OSIM. These ratings have been adjusted to align with the 4-level scale of the 2020 OSIM where the ratings were Excellent, Good, Fair, and Poor. Future condition assessments will standardize the rating system for all assets on the trail.
13 OSIM General Definitions, Page v [OSIM PDF Pg 9]
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The surface of the trail is assessed monthly and any problems are reported to the trail manager. There is currently no formal condition assessment recorded by trail section with an assessed rating. Ongoing remediation work on the trail in recent years has yielded a current condition assessed as Excellent by the volunteer inspectors and the trail manager. A more formalized trail assessment will be a future part of trail management and the asset management plan. Figure 7 Bolton Creek Bridge North 86-015
The table below shows the rating system that was used to assess the culvert conditions. This type of table can also be used to rate the components of the trail system. The 2019 Bridge OSIM used a 5-level system and a calculated value to result in a Bridge Condition Index (BCI) on a scale of 1-100. In future the County rating system for culverts and trail surface will be standardized to better reflect the 4-level approach of the current OSIM inspections which uses the levels of Excellent, Good, Fair, and Poor. Rating 5 4 3
2
1
Quality
Condition
Well maintained, good condition, new or recently rehabilitated asset Good condition, few elements exhibit Good existing deficiencies. Some elements exhibit significant Fair deficiencies. Asset requires attention. A large portion of the system exhibits significant deficiencies. Asset mostly below Poor standard and approaching end of service life. Widespread signs of deterioration, some Very Poor assets may be unusable. Service is affected. Excellent
% of Useful Life Remaining
2019 Calculated BCI
80-100%
90 – 100
60-79%
75 – 89
40-59%
55 – 74
20-39%
40 – 54
0-19%
<40
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Chart 8: Table of Condition Gradings Based on an average of the condition rating of the bridges, culverts and trail surface, the table below shows the average condition rating of the components of the K&P Trail.
Asset
Estimated Number Average Useful of Rating Life Assets
Estimated Useful Life Remaining
Average Life Remaining
Bridges
30 years
8
Fair
40-59%
12-18 years
Culverts
60 years
84
Good
60-79%
35-47 years
67%
10 years
Trail Surface 15 years 70 km Excellent Chart 9: Table of Average Condition Rating
Levels of Service Figure 8 Fish Creek Bridge
Levels of Service (LOS) can be a difficult concept to understand but is an important part of the asset management plan. Levels of service are based on the customer’s expectations of what an asset will provide. In this case, the customers are the users of the K&P trail. Maintaining the asset to their specifications will dictate the operating, maintenance, and renewal activities that will need to occur moving forward. Items to consider when setting levels of service are14:
14 AssetWorks website: https://www.assetworks.com/eam-5-steps-building-asset-management-plan/
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• • • • •
What you currently provide If service is expected to change The cost of the current service If there is funding to support the current and future levels of service If the current levels of service meet the expectations of the users.
Ontario Regulation 588/17 for the asset management plan requires a current qualitative and technical level of service based on data no more than 2 years old. • •
A qualitative level of service would be considered from the customer’s point of view, how they receive the service and whether value is provided to them. The technical level of service provides a measurement of operational or technical performance to achieve the customer’s desired service levels. This can indicate whether resources have been allocated effectively and provides a balance to the customer perception which may be more subjective.
It is important to monitor the service levels regularly as these will change, along with customer priorities. The agreed result achieves the best balance between service, risk, and cost.
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Service Level Customer Levels of Service Free from hazards; trail managed Safety and maintained to industry best standards. Quality
Walkable/Drivable Trail Surface
Function
All Trail Sections Open Recreational Snowmobile Access
Sustainability Economical Recreational Facility Technical Levels of Service Safety Bridge Condition Index (OSIM)
Quality
Function
Metric: Customer complaints re hazards
Operating and Maintenance Cost per km
Current Performance 2020: 7 complaints; 2021: 12 re hazards
Customer Survey re Trail Survey done 2019, surface Experience rated as Good Customer Survey re Trail Will ask in future survey % of bridges grooming equip is 87.5% (7/8 bridges) allowed Permits required for Motorized Use Partially
Excellent, Good, Fair, Poor Excellent, Good, Fair, Poor, Very Culvert Condition Rating Poor Monthly Trail Inspections (TMP) Inspect entire trail once a month Condition Rating from Patrols (1-4, Average Surface Condition of Trail excellent, good, fair, poor, fair) Trail Counters - walking, biking, Type of Use ATV, snowmobile/year Trail Closure
sections closed X # days /year
Sustainability Remaining Service Life
Capacity
Performance Metric
Fair
Target Performance Less than 20 complaints per year would indicate patrols are working 96% of Survey respondents rate trail surface as good or very good Goal 95% 100% Yes
9/10 ms (not winter)
Good Excellent; standardize to OSIM condition rating levels 12/12 months - 100%
Excellent
Excellent
Good
Good mix of users 0 closures
1/3 of each type: cycling, pedestrian, motorized 0 closures
% Estimated Useful Life (EUL) Bridges 40-59%; Culverts Average of 60-79% remaining based on condition rating 60-79%; Trail Surface 67% Dollars spent/km/year
$1500/km
Annual Use
of Counts/Year
2021 Jun-Dec 155,204 in 10 Expectation of 500,000 counts per trail counters in 70 km year for 90 km length, in 5-10 yrs
$1500/km
Traffic Supported by Bridges & Culverts
Pedestrians, Cyclists, Equestrians, Snowmobiles, ATVs (most of trail), 5/8 bridges; 84/84 culverts emergency & service vehicles; bridges/culverts with no load limit
8/8 bridges; 84/84 culverts; load limits of 12 tonnes/bridge will be implemented in future.
Chart 10: Table of Levels of Service County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 24
Lifecycle Costs Figure 9 Hardwood Creek Bridge – before and after remediation
The lifecycle of an asset considers all the activities over the service life of an asset which includes construction, maintenance, renewal, operation, disposal, and all engineering and design work associated with those activities. The cost of an asset does not stop with the purchase. The costs over its life must be considered when assessing the sustainability of a project. Past costs, expected life estimates, frequency of inspections, maintenance and customer expectations help guide future considerations and estimated costs. The condition assessments help to determine the stage of an asset’s life cycle and the anticipated costs to maintain or replace the structure. The K&P Trail Maintenance Plan is a useful tool in planning for the lifecycle costs year over year. It sets the standards of the trail infrastructure and the activities needed to maintain those standards. The Occupiers’ Liability Act must also be considered to ensure the trail is maintained in a reasonable condition. This act enforces a duty of care on the property’s owner/occupier. In the case the County of Frontenac, the duty of care applies to the K&P Trail to ensure that all visitors are reasonably safe when visiting their premises. County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 25
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The trail must be properly defined, constructed, posted, inspected, maintained, and managed to provide a quality recreational experience, while at the same time mitigating liability for the County. The Trail Management standard adopted was a corridor of four meters in width and three meters in height, topped with packed stone dust. At each public entry point to the trail a sign reading “Recreational Trail” must be posted. The trail must be inspected at monthly intervals, at the least, and more often immediately after foul weather.15
Figure 10 K&P Trail Structure Diagram
The Frontenac K&P Trail is considered a four-season multi-use recreational trail fully open to walkers, hikers, runners & joggers, equestrian riders and cyclists. When there is sufficient snow, the full trail is also accessible for snowshoeing, cross country skiers and snowmobilers. There is currently All-Terrain Vehicle (ATV) access beginning at the Verona Trailhead and north.16 Trail maintenance takes into consideration the user groups permitted on that section of the trail and adjust their best practice specifications accordingly. The recommended trail surface is a compacted stone dust to provide an accessible and desirable trail 15 K&P Trail Management Plan Page 2. 16 K&P Trail Management Plan Page 19.
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experience for both active and motorized users with a nominal width of three meters. The brush is cut to an additional half-meter or more on each side to approximately four meters width and three meters clearance overhead to become the standard to accommodate all identified recreational users.
Trail Maintenance Trail maintenance includes the following activities and costs approximately $1500 per kilometre in 2021. Further details for specifications can be found in the K&P Trail Management Plan. • • • • • •
Grade, shape, and pack the surface Dust control through an application of Calcium or Magnesium Chloride Brush and mow Granular replacement Trail inspection, which includes ditches and culverts Spot repair
The bridges have their own mandated OSIM inspections every other year performed by a professional engineer. The inspections may result in a list of maintenance and capital work with a timeline for planning purposes to maintain the bridges according to County needs based on provincial standards. Looking ahead, the bridges will be maintained to a load-bearing weight of 12 tonnes. This will accommodate a fully loaded dump truck which may be needed for rehabilitation work on the trail and will support emergency vehicles should they be required. The following is a depiction of the maintenance costs expected for the trail for the next 20 years.
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Chart 11: Graph of Trail Maintenance 20-Year Cost Forecast The rise in costs from 2022 to 2024 reflects the additional kilometres of trail and bridges that will be added over the next couple of years until the trail reaches the border with Lanark County to the north. As long as the trail is well maintained in a consistent manner, the maintenance costs will follow a predictable pattern. Notice the slight increase in costs in every other year which indicates the years the OSIM bridge inspections are required. This cost plan takes into consideration a conservative inflation factor and the use of current technology and products for maintaining the trail and bridges. It includes plans for minor unexpected repairs such as small washouts after a storm.
Capital Costs Capital costs are generally considered to be any costs that are greater than $5000, will last longer than a year, and is new or replacing an asset that has come to the end of its life, or offers a betterment to the asset considered. Capital projects include the following • • • • • • •
Trail – remediation work to the surface and base Bridges – replacement or rehabilitation Safety barriers and edge protection Parking lots and parking areas Counters – to monitor the use of the trail Equipment such as benches, signs and gates Land purchases to reach the border with Lanark County
The following is a depiction of the capital costs expected for the trail for the next 20 years.
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Chart 12: Graph of Capital Asset 20-Year Cost Forecast by Type As shown in the graph above, the trail has major projects to carry out in 2022 and 2023 as the trail is extended north to the boundary with Lanark County. This includes the final land purchases for the County to have ownership of the entire length of the trail. The Elbow Creek bridge will be replaced in 2022. Figure 11 Elbow Creek Bridge
Work also continues on the trail to improve its accessibility features under the joint provincial and federal Community, Culture and Recreation (CCR) Investing in Canada Infrastructure Program (ICIP). This is an $828,000 project that started in 2021. The federal government contributes 40.0% County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 29
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and the province contributes 33.3% while the County of Frontenac finances the remaining 26.7% of this project. This is a multi-year project that continues into 2024. After 2024, the major capital expenditures from the growth of the trail will wind down. The cost consideration will shift to the renewal of assets as they come to the end of their expected life, such as the trail base, the bridges and culverts. New purchases considered will be the construction of Trailhead parking in the Frontenac townships, along with additional edge protection and accessibility features along the trail where warranted and funding is available. The graph depicts a conservative plan with the minimum capital expenditures required to maintain it as a safe, quality trail in Frontenac County and excludes any contingency for a catastrophic event that could wash out sections of the trail or bridges entirely.
Funding Once Council committed to supporting the K&P Trail starting in 2008, there was also a need to support funding this major asset in the County of Frontenac. For the most part, the Manager of Economic Development has been responsible for sourcing the funding and making requests of Council for development of the trail. This is not always an easy task and the amount of work done on the trail has varied from year to year as needs and priorities shifted in this growing venture. From the beginning in 2008 to 2021, the K&P Trail has received funding from the following sources, in order of magnitude, largest to smallest: • • • • • • • • • • • •
Federal Gas Tax, now CCBF (Canada Community Building Fund) County of Frontenac Reserves Investing in Ontario Trans Canada Trail Rural Infrastructure EODP CFDC (Eastern Ontario Development Program & Community Futures Development Corporation) Canada Infrastructure 150 RED Program (Rural Economic Development - Ontario) ICIP (Investing in Canada Infrastructure Program – Federal and Provincial) EOTA (Eastern Ontario Trails Alliance) OMCCP (Ontario Municipal Commuter Cycling Program) Local Community Group Donations
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Chart 13: Graph of Historical Trail Funding by Source The funding, as depicted in the graph, shows that the Federal Gas Tax (now the CCBF, Canada Community Building Fund), has been a very valuable resource, along with other government grants. In comparison, the County reserves have been used sparingly, although double the funding received from non-government organizations. The future source of funding is always uncertain. With the help of the asset management plan and planning out for future needs, the costs to maintain the trail at its present levels of service can be estimated. These should only be considered as an estimate since unforeseen circumstances can arise. World events can cause supply chain issues and a dramatic rise in prices, a pandemic can create a shortage in workers to carry out the plans, storms can cause damage to the bridges and trail that were not planned, and materials may fail unexpectedly. The planned capital and maintenance needs for the next 20 years of the Frontenac K&P Trail are depicted in the graph below.
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Chart 14: Graph of Capital and Maintenance Costs 20-Year Forecast There has not been a set amount of funding committed to the K&P Trail from the Council of Frontenac County year over year. Replacement of existing assets can be funded through the County’s Capital Replacement Reserve for which the County allocates an annual amount for future capital expenses. There is no reserve set aside for new development. At budget time, the Manager of Economic Development shares the plans and needs of the trail for the upcoming year with an outline of future plans. There may be further presentations to Council through the year if an unplanned event or opportunity for more funding becomes available. The Economic Development manager and other County staff monitor the funding that is on offer, whether from government or other organizations, and apply should the trail meet the program criteria. Most applications have been successful but it is a time-consuming process. As the trail becomes more established, with more rehabilitation work completed, it will be easier to plan for the future. Over the next two to three years, there is much work and activity around the trail as the final push north to complete the trail to the Lanark border takes place. In 2021, there were several reports to Council requesting funding to help these projects along. This includes the following reports: • • •
Report 2021-032, April 21, 2021, requesting $88,331.04 from the Ontarians with Disabilities Reserve for the ICIP project. Report 2021-066, July 21, 2021, requesting $250,000 from the Working Fund Reserve for land purchases. This will be returned to the Working Fund Reserve through debenture, levy, or other source upon completion of the project. Report 2021-078, September 14, 2021, requesting $813,000 from the CCBF, Canada Community Building Fund (former Federal Gas Tax), for the additional
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•
allocation the CCBF made to the County in 2021. This is to fund the upcoming 20 km of trail work to the north. Report 2021-105, November 17, 2021, requesting $150,000-$200,000 from the Capital Replacement Reserve for the replacement of the Elbow Creek Bridge.
The following table outlines these requests toward planned Capital projects from 2022 to 2024. Some of the funding requested in 2021 was used in 2021 and it is the balance of the requested funding below. K&P Trail Funding Sources
2022
2023
2024
CCR ICIP
(204,796)
(121,434)
(95,622)
Accessibility Reserve (ICIP)
(20,931)
CCBF (General Trail)
(773,479)
Capital Replacement Reserve (Elbow Creek)
(200,000)
Working Fund Reserve (Land)
(100,000)
Total Known Funding Planned Capital Expenditures
3-Year Total (421,853) (20,931)
(24,125)
(797,604) (200,000)
(150,000)
(250,000)
($1,299,206)
($295,559)
($95,622)
($1,690,388)
2022
2023
2024
3-Year Total
130,200
CCR ICIP Accessibility Project
283,581
165,600
Trail Construction North
597,819
367,141
Bridges & Culverts
362,400
58,548
18,103
439,051
Gates, Signs, Counters
13,200
25,704
13,733
52,637
45,900
124,848
170,748
Parking, Edge Protection Land Purchases
100,000
579,381 964,960
150,000
250,000
Total Expenditures
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Funding Shortfall
$1,357,000
$812,893
$286,884
$2,456,777
$57,794
$517,334
$191,262
$766,389
Chart 15: Table of Forecast Capital Funding and Costs 2022-2024 Even in this short 3-year period, there appears to be a funding shortfall of $766,389. For 2022 the shortfall can be attributed to the ICIP project. Further funding from the County for the ICIP project has not been requested at this time but will be required to complete the project. With regards to the Elbow Creek Bridge replacement, it is currently known that although up to $200,000 was requested from the Capital Replacement Reserve, it will most certainly go over that amount. The CCBF can be used toward that project but it will reduce the amount of that reserve for the 2023 projects and is not what that funding was requested to be used for through Council. This does not take into account the funding required for the maintenance costs on the trail.
Future Demand In February 2020, Frontenac County Planning and Economic Development presented Council the Population, Housing and Employment Projections Study prepared by Watson and Associates Economics Limited. The Watson report was an appendix to Council report 2020-019 and can be found here: (https://www.frontenaccounty.ca/modules/news/index.aspx?newsId=92ac768e-cfd44c93-b286-cca98165013c) The purpose of this study was to revise the County’s long-term growth forecasts based on recent demographic and economic trends using the 2016 Census (where available and appropriate) and other relevant data sources. The study, projecting out to 2046, assists with long-range planning for a variety of departments and organizations. The report forecasts that Frontenac County’s permanent population base will increase over the next 30 years, from approximately 27,300 in 2016 to 33,200 in 2046. This represents an annual growth rate of approximately 0.7% annually. Comparatively, this represents a slightly higher forecast annual population growth rate to the City of Kingston Base Scenario, but lower than the Province as a whole. Including the County’s seasonal population base, the total permanent and seasonal population for Frontenac County is forecast to reach a total of 62,900 persons by 2046. This represents a total increase of approximately 8,200 people from 2016 to 2046. That growth is matched by an aging of the population over that time. As the consultant stated in their presentation, Frontenac County is aging at a faster rate than the province as a whole but not because they are getting older any quicker but because more people are moving to the County in that age category. In 2016, 21 per cent of the county’s County of Frontenac Core Assets - K&P Trail Asset Management Plan 2022 34
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permanent residents were 65 or older. By 2046, 35 per cent of the population is expected to be in that age range.17 It is not just the increase in population but visitors to the region that will have an impact on the K&P Trail and the local economy. Trails provide low or no-cost recreation to families relative to other recreational services that could be provided by government and increase tax revenues in the communities in which they are located.18 There may be a little more wear and tear on the trail but with proper funding for regular maintenance and renewal, the trail will remain in very good shape. An increase in users could bring more user feedback and incident reports creating more spot repairs to the trail and the needed ability to respond to these reports promptly. Liability concerns may increase. As the population ages there may be a need for more accessible features to the trail, more parking, more benches, washrooms, more edge protection to the sides of the trail. The trail has grown in popularity as sections of it have been remediated and opened up. It was observed that when the connection between the City of Kingston and Sharbot Lake was completed in 2019 there was a significant increase of trail use, creating the demand for increased amenities and policies to ensure a safe and enjoyable experience for users of all ages and abilities. The pandemic brought another increase in use to the trail as people tried to find a safe, uncrowded place to exercise and enjoy the outdoors. The first of the automated counters were installed along the trail during this period so complete statistics are not available. These counters will be a valuable source for collecting counts of users to the trail going forward. As the trail gets busier, the County may need a dedicated employee to monitor the trail conditions, monthly inspections, respond to complaints, and complete minor repairs to the trail as they arise. This employee would also be an important resource for administration work, hiring contractors, and sourcing funding for the trail. Currently the trail is inspected by volunteers with the local ATV club and a project manager is contracted for trail projects.
Risks As a multi-use recreational trail used by many members of the public, the Frontenac K&P Trail can have many risks associated with it. Risk
Consequence
Mitigation
17 The Kingston Whig-Standard news story: https://www.thewhig.com/news/local-news/frontenac-countys-
population-to-steadily-grow-and-age-in-coming-years 18 K&P Trail Management Plan Page 11, Footnote: PricewaterhouseCoopers Economic Impact of the TransCanada Trail in Ontario – Americantrails.org page 49
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Risk
Consequence
Mitigation
Lack of Funding
Causes a cascade of further problems mostly stemming from lack of upkeep on the trail which can create hazards the County is ultimately liable for.
Regular review of trail and asset conditions; budget for the trail needs; keep Council informed of the status; monitor funding and grants on offer and apply; investigate the sale of permits for recreational vehicle use.
Storm damage to the trail
A washout or flood could cause the trail to close for an uncertain period of time
Good communication lines, phone, email, social media so that the problem can be flagged, proper signage installed and repaired as quickly as possible.
Changes to legislation
Liability, fines to the County, inability to secure funding due to noncompliance
Open communication with County staff, Councillors, and the public to share information of legislation that could impact the trail
Maintenance not Trail condition deteriorates Regular review of contracts and routinely performed resulting in user complaints, inspection of the trail to confirm injury that the services were performed as required; ensure funding available for maintenance Renewal or upgrades of assets such as bridges not done
Trail closures; injury; construction and emergency vehicles unable to access trail.
Regular review of asset remaining life; ensure the OSIM inspections are done every other year and the results are reviewed and placed in the maintenance and capital renewal plan, prioritize projects.
Customer complaints
Conflict between users of the trail; trail could become underused; vandalism of trail & equipment.
Regular survey of trail users to get feedback and action on that feedback; implementation of a ByLaw for fines to be enforced if there is misuse or damage caused to the trail; review that funding for the trail is being used where it is needed.
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Risk Environmental damage caused by the trail and its users
Consequence Destruction of property, plants, animals.
Mitigation The environment is protected by localizing impacts within the trail corridor; fencing prevents access to private property.
Chart 16: Table of Risk, Consequence, and Mitigation
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Further Reading This County of Frontenac K&P Trail Asset Management Plan should be read in conjunction with the following documentation:
The K&P Trail Management Plan o https://frontenac.civicweb.net/FileStorage/6C1FB5DCBF474F5EB470C21 B473F87F9-2021092%20Appendix%20A%20Trail%20Management%20Plan%20V2%20Oc tob.docx County of Frontenac website, K&P Trail page o https://www.frontenaccounty.ca/en/things-to-do/kp-trail.aspx The County of Frontenac Strategic Asset Management Policy o https://www.frontenaccounty.ca/en/government/resources/Documents/Stra tegic-Asset-Management-Policy.pdf The County of Frontenac Strategic Policy o https://www.frontenaccounty.ca/en/government/resources/Documents/201 9-2022-County-of-Frontenac-Strategic-Plan.pdf Asset Management Plan for the County of Frontenac 2013 o https://www.frontenaccounty.ca/en/resourcesGeneral/Planningdocuments-/County-of-Frontenac-Asset-Management-Plan-2013.pdf Frontenac County Trails Master Plan o Available upon request Frontenac Economic Development Charter o https://www.frontenaccounty.ca/en/government/resources/Documents/AnEconomic-Development-Charter-for-the-Frontenacs-March-5-2015.pdf Population, Housing and Employment Projections Study o https://www.frontenaccounty.ca/en/government/resources/Documents/Fro ntenac-County—Council-Presentation-2020-Watson-PopulationGrowth.pdf Frontenac County Official Plan 2014-2016 o https://www.frontenaccounty.ca/en/resourcesGeneral/Planningdocuments-/County-of-Frontenac-Official-Plan---Consolidate-Copy.pdf The Ontario Structure Inspection Manual (OSIM) o https://www.library.mto.gov.on.ca/SydneyPLUS/Sydney/Portal/default.asp x?component=AAAAIY&record=2cc7e50c-3d41-4468-90f1-0788368ce945 Legislation, Asset Management Plan (AMP) Requirements per Ontario Regulation 588/17 o https://www.ontario.ca/laws/regulation/170588 Legislation, Public Transportation and Highway Improvement Act (2010) Ontario Regulation 104/97 and 472/10 Section 2(3) Standards for Bridges o https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fdu0t srdospf80.cloudfront.net%2Fdocs%2FR10472_e.doc&wdOrigin=BROWS ELINK:
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Appendix 1: Culvert Inventory and Condition In the table below Culvert ID refers to the culvert’s location on the trail. The first 2 digits is the kilometre point on the trail, while the following 3 digits indicate how many metres north of that kilometre marker the culvert is located. As an example, Culvert 21-655 is 655 metres north of the 21 km mark on the trail. The kilometre markers measure the kilometres of the trail starting in Kingston to the south and increasing in value as you go north. The culverts are made of the following materials: CSP – corrugated steel pipe CONCR - concrete HDPE – high density polyethylene (plastic) County of Frontenac Culvert Inventory & Condition as at November 2020 Culvert ID
Township
Size
Material
Condition
Condition Value
Beaver Activity
Water Present
Fish Present
21-655
South Frontenac
400
CSP
Fair
3
No
No
No
21-750
South Frontenac
400
CSP
Good
4
No
No
No
22-800
South Frontenac
400
CSP
Very Good
5
No
No
No
23-980
South Frontenac
1320
CONCR
Good
4
Yes
Yes
No
24-320
South Frontenac
1200
CONCR
Good
4
No
No
No
24-730
South Frontenac
840
CONCR
Good
4
No
No
No
25-220
South Frontenac
400
CONCR
Good
4
No
No
No
25-255
South Frontenac
750
CONCR
Good
4
No
No
No
25-430
South Frontenac
900
CONCR
Good
4
No
No
No
26-180
South Frontenac
500
CONCR
Good
4
No
Yes
No
29-900
South Frontenac
0
CONCR
Very Good
5
No
Yes
No
31-350
South Frontenac
0
CONCR
Very Good
5
No
Yes
Yes
31-650
South Frontenac
500
CONCR
Very Good
5
No
No
No
32-450
South Frontenac
1200
CONCR
Very Good
5
No
No
No
32-825
South Frontenac
580
CONCR
Very Good
5
No
No
No
33-070
South Frontenac
300
HDPE
Very Good
5
No
No
No
33-925
South Frontenac
540
CONCR
Very Good
5
No
No
No
33-095
South Frontenac
300
CSP
Very Good
5
No
No
No
34-525
South Frontenac
600
HDPE
Very Good
5
No
No
No
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County of Frontenac Culvert Inventory & Condition as at November 2020 Culvert ID
Township
Size
Material
Condition
Condition Value
Beaver Activity
Water Present
Fish Present
35-225
South Frontenac
600
HDPE
Very Good
5
No
No
No
35-225
South Frontenac
600
HDPE
Very Good
5
No
No
No
35-225
South Frontenac
600
HDPE
Very Good
5
No
No
No
35-225
South Frontenac
600
HDPE
Very Good
5
No
No
No
35-660
South Frontenac
600
HDPE
Very Good
5
No
Yes
No
35-662
South Frontenac
600
HDPE
Very Good
5
No
Yes
No
35-940
South Frontenac
1500
CONCR
Very Good
5
No
No
No
37-190
South Frontenac
0
CONCR
Very Good
5
No
Yes
Yes
37-590
South Frontenac
0
CONCR
Very Good
5
No
Yes
No
37-950
South Frontenac
960
CONCR
Very Good
5
No
No
No
39-013
South Frontenac
600
CSP
Very Good
5
No
No
No
39-035
South Frontenac
400
CSP
Very Good
5
No
No
39-975
South Frontenac
300
HDPE
Very Good
5
No
No
40-065
South Frontenac
300
HDPE
N/A
#N/A
No
No
41-045
South Frontenac
450
N/A
#N/A
No
No
43-820
South Frontenac
1200
Good
4
No
Yes
45-550
Central Frontenac
900
Fair
3
No
46-340
Central Frontenac
1800
CONCR
N/A
#N/A
Yes
47-285
Central Frontenac
1200
CONCR
N/A
#N/A
Yes
50-610
Central Frontenac
2700
CONCR
N/A
#N/A
No
Yes
51-800
Central Frontenac
600
HDPE
Very Good
5
No
Yes
52-160
Central Frontenac
750
Very Good
5
52-450
Central Frontenac
1500
CONCR
N/A
#N/A
No
Yes
54-925
Central Frontenac
900
HDPE
N/A
#N/A
No
Yes
54-928
Central Frontenac
1200
HDPE
Good
4
56-385
Central Frontenac
900
CSP
Poor
2
56-530
Central Frontenac
900
CSP
Poor
2
61-135
Central Frontenac
600
HDPE
Very Good
5
61-560
Central Frontenac
600
CONCR
Fair
3
CONCR
Yes
Yes
Yes Yes
Yes
No
Yes
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County of Frontenac Culvert Inventory & Condition as at November 2020 Culvert ID
Township
Size
Material
Condition
Condition Value
Beaver Activity
62-170
Central Frontenac
450
HDPE
Very Good
5
Yes
63-275
South Frontenac
300
HDPE
N/A
#N/A
Yes
63-980
South Frontenac
0
Good
4
63-980
South Frontenac
600
CONCR
Good
4
Yes
65-190
South Frontenac
300
HDPE
Very Good
5
Yes
66-360
South Frontenac
600
HDPE
Very Good
5
Yes
68-385
Central Frontenac
600
HDPE
N/A
#N/A
Yes
68-540
Central Frontenac
450
HDPE
Very Good
5
Yes
68-615
Central Frontenac
450
HDPE
Good
4
Yes
68-800
Central Frontenac
600
HDPE
Very Good
5
Yes
68-955
Central Frontenac
450
HDPE
Very Good
5
Yes
69-225
Central Frontenac
600
HDPE
Very Good
5
Yes
69-440
Central Frontenac
450
HDPE
N/A
#N/A
69-715
Central Frontenac
600
HDPE
N/A
#N/A
Yes
69-755
Central Frontenac
450
HDPE
N/A
#N/A
Yes
70-125
Central Frontenac
525
HDPE
Very Good
5
Yes
70-500
Central Frontenac
450
HDPE
N/A
#N/A
No
70-580
Central Frontenac
750
CSP
Very Good
5
70-600
Central Frontenac
525
HDPE
Very Good
5
71-780
Central Frontenac
600
CSP
Very Good
5
Yes
71-795
Central Frontenac
600
CSP
Very Good
5
Yes
72-980
Central Frontenac
450
HDPE
Very Good
5
73-295
Central Frontenac
450
HDPE
Very Good
5
73-360
Central Frontenac
300
HDPE
Very Good
5
73-460
Central Frontenac
900
CSP
Very Good
5
73-525
Central Frontenac
600
CSP
Very Good
5
73-940
Central Frontenac
600
CSP
Good
4
76-170
Central Frontenac
900
CSP
Very Good
5
76-170
Central Frontenac
975
CSP
Very Good
5
No
No
Water Present
Fish Present
Yes
Yes
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County of Frontenac Culvert Inventory & Condition as at November 2020 Culvert ID
Township
Size
Material
Condition
Condition Value
Beaver Activity
Water Present
Fish Present
77-640
Central Frontenac
0
CONCR
Good
4
Yes
Yes
Yes
79-315
Central Frontenac
450
CSP
Very Good
5
No
Yes
No
79-530
Central Frontenac
600
CSP
Very Good
5
No
Yes
No
82-055
Central Frontenac
0
CONCR
Good
4
Yes
Yes
Yes
83-145
Central Frontenac
450
CSP
Very Good
5
No
Yes
No
88-610
Central Frontenac
925
CSP
Very Good
5
Yes
Yes
No
88-640
Central Frontenac
925
CSP
Very Good
5
Yes
Yes
No
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Report 2022-068 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
June 15, 2022
Re:
Corporate Services – Extension of Agreement with Aird Berlis as Integrity Commissioner for the County of Frontenac
Recommendation Be It Resolved That Council receive for information the Corporate Services – Extension of Agreement with Aird Berlis as Integrity Commissioner for the County of Frontenac; And Further That the County of Frontenac exercise its option to continue the services of Aird & Berlis as Integrity Commission for an additional one-year term. Background On July 18, 2018, Council passed By-law No. 2018-0024. being a by-law to Appoint an Integrity Commissioner for the Corporation of the County of Frontenac. The By-law appointed Aird Berlis through its lead John Mascarin as the County of Frontenac Integrity Commissioner pursuant to Part V.1, Accountability and Transparency, of the Municipal Act. The terms of the Retainer Agreement began on October 12, 2018, continuing until September 30, 2022. The By-law also authorized that all actions taken and required to be taken by the Warden and Clerk on behalf of the Corporation of the County of Frontenac to complete this matter including the execution of the Agreement and any other associated documentation are hereby authorized, confirmed and ratified. Comment As per the Agreement, the County has an option to continue the services of Aird & Berlis for an additional one-year term and may exercise this option four (4) additional times. The County’s option shall be exercised in writing no later than July 31, 2022, and in each subsequent year. The Integrity Commissioner is to treat all information as confidential under s. 223.5 of the Municipal Act, 2001. As a result, Aird & Berlis would not normally provide the identities of members of Council should they seek advise from the Integrity
90Extension of 206 of Agreement with Aird Berlis as I… 2022-068 Corporate Page Services
Commissioner. Therefore, staff are unable to confirm any internal inquiries to the Integrity Commissioner since the beginning of the contract nor can they speak to whether such members found the responses to be efficient; however, to date, staff have not received or heard of any issues from Council. To date, there have been 2 complaints to the Integrity Commissioner. Strategic Priorities Implications Priority 3 - Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach of their individual mandates and jurisdictions. Specific Objectives in support of this strategy: 3.3 Continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services. Financial Implications Annually the budget includes an allocation for Integrity Commissioner / meeting investigations. $5,412 was budgeted for in 2022 Organizations, Departments and Individuals Consulted and/or Affected Alex Lemieux, Director of Corporate Services/Treasurer Tara Mieske, Clerk/Planning Manager, Township of North Frontenac Cathy McMunn, Clerk/Administrator, Township of Central Frontenac Angela Maddocks, Clerk, Township of South Frontenac Darlene Plumley, Chief Administrative Officer, Township of Frontenac Islands
Recommend Report to Council Corporate Services – Extension of Agreement with Aird Berlis as Integrity Commissioner for the County of Frontenac June 15, 2022 Page 2 of 2
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Report 2022-069 Recommend Report to Council To:
Warden and Members of County Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
June 15, 2022
Re:
Corporate Services – Report Received from Aird Berlis, Integrity Commissioner – Complaint Filed Against a Member of Council
Recommendation Resolved That the Council of the County of Frontenac receive the “Integrity Commissioner Report – Code of Conduct Complaint – 2022-01, submitted by Meaghan Barrett of Aird Berlis – Integrity Commissioner, dated June 2, 2022 attached to this report as Appendix A. Background On July 18, 2018 Council appointed Aird Berlis through its lead John Mascarin as the County of Frontenac Integrity Commissioner pursuant to Part V.1, Accountability and Transparency, of the Municipal Act. The Act requires the Integrity Commissioner be responsible for performing in an independent manner the functions assigned by the municipality with respect to, among other things:
- The application of the code of conduct for members of council and the code of conduct for members of local boards.
- The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards. With respect to the application of the code of conduct, the role of the Integrity Commissioner is to conduct enquiries in response to a complaint regarding whether a Member has contravened the Code of Conduct and County policies related to the ethical conduct of Members. The Integrity Commissioner is accountable to and reports directly to Council. Comment On February 22, 2022, a complaint was filed in the Clerk’s office against Deputy Warden Ron Higgins. The Complaint alleges that Deputy Warden Higgins contravened a number of provisions of the County of Frontenac’s Code of Conduct for Members of Council and
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Local Boards (the “Code”) arising from certain actions and statements made in relation to the County’s Communal Services project. As per section 2(2) of the Code of Conduct, the complaint was forwarded to Aird Berlis for initial classification to determine if the matter was a complaint with respect to non-compliance with the Code of Conduct. Appendix B, Complaints Protocol, to the Code of Conduct establishes the investigation procedures for complaints to support the performance of the Integrity Commissioner’s duties in a manner which best serve the public interest. On June 2, 2022, the final Report on the Code of Conduct Complaint 2022-01 was forwarded by Meaghan Barrett of Aird Berlis to the Clerk. Section 13 of the Complaints Protocol states: 13.
Upon receipt of a report from the Integrity Commissioner with respect to the Code of Conduct, the Clerk shall place the report on the next regular agenda of Council for consideration by Council. A report from the Integrity Commissioner may also be considered by Council in advance of its next regular meeting should Council agree to hold a special or other meeting before its next regular meeting to consider the report.
A copy of the Final Report on the Code of Conduct Complaint 2022-01 submitted by Meaghan Barrett of Aird Berlis is attached to this report as Appendix A. Section 15.1 of the Code of Conduct, as well as Delegation of Authority By-law 20160006, delegates the authority to the Integrity Commissioner to impose penalties on the Member. As noted in the report, while the Deputy Warden contravened Section 5.3 of the Code, Aird Berlis has determined that the appropriate penalty in this case is a reprimand pursuant to paragraph 223.4(5) 1 of the Municipal Act, 2001, as a reprimand in these circumstances serves as both a specific and general deterrent so as to ensure that other members of County Council are also aware of their obligations under the Code, particularly with respect to their interactions with staff. As a remedial measure they also ask that the Deputy Warden issue a public apology to County staff and, in particular, to the Director of Planning and Economic Development. Strategic Priorities Implications As part of the Vision for the County of Frontenac in its 2019-2022 Strategic Plan, it identifies accountability and states: As a framework for strategic planning, this future vision incorporate goals related to: • Building the County’s organizational capacity in line with its mandate and accountabilities.
Recommend Report to Council Corporate Services –Report Received from Aird Berlis, Integrity Commissioner – Complaint Filed Against a Member of Council June 15, 2022 Page 2 of 3
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Additionally, Other Important and Continuing County Priorities, identifies: ➢ Continually improve customer and financial services. ➢ Maintain a strong organization and positive work culture through leadership, human resources, training and development, physical and IT infrastructure, and partnerships. Financial Implications The County budgeted $5,412 in 2022 to cover the cost of meeting investigations. Initial invoices from Aird Berlis place the interim amount of the investigation at $2,822.18, with final invoices yet to be received. Organizations, Departments and Individuals Consulted and/or Affected Alex Lemieux, Director of Corporate Services/Treasurer Meaghan Barrett, Aird Berlis
Recommend Report to Council Corporate Services –Report Received from Aird Berlis, Integrity Commissioner – Complaint Filed Against a Member of Council June 15, 2022 Page 3 of 3
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Meaghan Barrett Direct: 416.865.3464 E-mail:mbarrett@airdberlis.com
CODE OF CONDUCT COMPLAINT INTEGRITY COMMISSIONER REPORT 2022-01
THE CORPORATION OF THE COUNTY OF FRONTENAC
Meaghan Barrett Aird & Berlis LLP
June 2, 2022
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INTEGRITY COMMISSIONER REPORT CODE OF CONDUCT COMPLAINT 2022-01 I.
SUMMARY
A formal complaint (the “Complaint”) was filed with the Integrity Commissioner on February 22, 2022. The Complaint alleges that County of Frontenac (the “County”) Deputy Warden Ron Higgins (the “Deputy Warden”) contravened a number of provisions of the County’s Code of Conduct for Members of Council and Local Board Members (the “Code”). The alleged contraventions pertain to email correspondence sent by the Deputy Warden to the County’s Director of Planning and Economic Development in January and February 2022. In addition to being a member of County Council, the Deputy Warden is also the Mayor of the Township of North Frontenac. II.
APPOINTMENT & AUTHORITY
Aird & Berlis LLP was appointed as Integrity Commissioner for the County pursuant to subsection 223.3(1) of the Municipal Act, 2001 on July 18, 2018 by By-Law No. 2018-0024. As Integrity Commissioner, we are appointed to act in an independent manner on the application of the Code, and other rules and procedures governing the ethical behaviour of members of Council. All reports received from the Integrity Commissioner must be made available to the public. By By-law No. 2019-0007, Council adopted the Code and Complaint Protocol. Council delegated its powers to impose penalties under the Code to the Integrity Commissioner by By-law No. 20190014. We have reviewed the Complaint in accordance with our authority as Integrity Commissioner pursuant to the Code. The Complaint was validly filed. The Complaint was filed pursuant to Part B – “Formal Complaint Procedure” of the Complaint Protocol and subsection 223.4(1) of the Municipal Act, 2001 and falls within the scope of the Code. This is a report on the investigation of the Complaint made in accordance with Part B, Section 11 of the Complaint Protocol and subsection 223.6(2) of the Municipal Act, 2001. The principles of procedural fairness require us to provide reasons for our conclusions and decision, which we have done in this Report. Our investigation was conducted in accordance with the Complaint Protocol and with a process that was fair to all parties. We have assessed the evidence in an independent and neutral manner. We have provided an opportunity to the Deputy Warden to respond to the allegations, and to review and provide comment on our findings as set out in a draft report.
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June 2, 2022 Page 3
III.
CODE OF CONDUCT PROVISIONS AT ISSUE
The Complaint alleges that the Deputy Warden contravened the following provisions of the Code:
Sections 4.1(a), (f), (h);
Section 5;
Sections 9.1, 9.2 and 9.3;
Section 10.1; and
Section 12.1.
The aforementioned provisions of the Code have been reproduced in Appendix A to this Report. We have reproduced Sections 4.1 and 5.1 of the Council and Staff Relationship Policy in Appendix B to this Report. IV.
REVIEW OF MATERIALS
In order to undertake our investigation and prepare this Report, we have reviewed and considered the following materials:
Complaint 2022-01 and all attachments;
the Deputy Warden’s responses to Complaint 2022-01 (the “Response”)
the reply provided by the complainant for Complaint 2022-01 (the “Reply”);
the Agendas and Meeting Minutes of relevant Council and Committee meetings, where available;
email correspondence from the complainant dated May 26, 2022, which included a link to an audio-visual recording of the Communal Services Advisory Committee meeting of September 9, 2021.
We also reviewed such further materials that we considered appropriate to understand the context of the matter. V.
BACKGROUND
(a)
The Complaint
The Complaint alleges that the Deputy Warden has contravened Sections 4.1(a), (f) and and (h); 5.3; 9.1, 9.2, 9.3, 10.1 and 12.1 of the Code relating to: General Obligations; The Role of Staff; Discrimination and Harassment, Improper Use of Influence and Council Policies and Procedures, respectively. The alleged contraventions have arisen in relation to two emails sent by the Deputy Warden to the County’s Director of Planning and Economic Development (the “Director”) on January 17, 2022 (the “January Email”) and February 8, 2022 (the “February Email”).
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On May 26, 2022, we received email correspondence from the complainant with “additional information” related to the Complaint. This email correspondence provided a link to an audiovisual recording of the meeting of the Communal Services Advisory Committee that occurred on September 9, 2021. The complainant noted that the Deputy Warden was in attendance at the meeting, asked questions and voted in favour of the motion (as amended), and that he subsequently voted in favour of the motion at County Council and North Frontenac Township Council when presented with the same information. (b)
Context of the Complaint: Local Planning Matters and Communal Servicing
The context in which this Complaint arises is important in order to understand the Deputy Warden’s comments in the January Email and February Email, and the basis of the Complaint. i.
Local Planning Matters – “Review How Planning Services are Provided”
Since 2014, the County has provided day-to-day planning services to three out of four member municipalities, including North Frontenac. Since that time, and in particular over the past three years, the volume of planning applications has increased substantially, placing pressure on Township Council, staff and County planning staff. This increase in volume of planning applications is not unique to the County; it has been a trend across Eastern Ontario. On January 14, 2022 (three days before the January Email), the Complaint alleges that the Deputy Warden “raised an initiative from the floor” to review how planning services were provided by the Township, and by extension, its relationship with the County. This item was not reflected in the Agenda for the North Frontenac Council meeting on January 14, 2022 and no audio-visual recording of that meeting was available for our review. The Deputy Warden refutes the allegation in the Complaint that he “raised an initiative from the floor” on this issue at the North Frontenac Council meeting on January 14, 2022. The Deputy Warden states that his comments on this matter arose in the context of a different but related matter that was discussed at that meeting. Furthermore, the Response states: I made no statements that said we should entertain the thought of eliminating the County as our contracted planning entity. In fact, the County has implemented improvements over the last couple of years that through their six-sigma program with very positive feed back from our staff. The context of reviewing the planning process was to address complaints, and at the same time improve the processes for planning, possibly through the six-sigma program. There are discussions at North Frontenac Council from time to time about the pros and cons of having in house planning versus contract planning and consensus is that the current arrangement is meeting our needs from an overall planning perspective. What is required is process improvements. …I totally disagree that I made any threats whatsoever with regards to ending the contract with County Planning. The Deputy Warden also provided detailed information in his Response about two specific incidents where he and/or his constituents have faced planning-related challenges, which he suggests are examples of why he has taken the position that North Frontenac should review “how we manage planning”. One of these incidents was referenced in the January Email.
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ii.
Communal Servicing
Since 2018 the County has been pursuing a significant regional planning project generally referred to as “communal servicing” in response to increasing growth pressure in the County. At the beginning of the current term of County Council, a strategic plan was commissioned by County Council. The strategic planning process has involved significant consultation with residents, County Councillors (including the Deputy Warden, who has been actively involved in this process) and meetings with each Township Council. The strategic plan was adopted by County Council on June 19, 2021. Communal servicing was a key consideration and matter of discussion during the strategic planning process. During the current term of County Council, the County has commissioned two independent consulting studies related to the Communal Servicing project. The first report was received by County Council on June 19, 2019. Following its meeting in June 2019, County Council established the Communal Service Governance/Operation Model Review Committee (the “Committee”), with a mandate to develop an appropriate governance model and determine a funding mechanism to implement Communal Services across the region. The Deputy Warden is a member of the Committee. The County retained WSP as a consultant to perform the financial and governance research to support the Committee, following a RFP process. At the direction of the Committee, WSP reviewed five (5) different potential governance model precedents and financial models with the Committee, which were described in WSP’s final report dated February 11, 2021 (the “Final Report”). The Final Report outlined the financial requirements to establish a municipal service corporation (“MSC”) and financial allocation requirements. At its meeting on September 9, 2021, the Committee was presented with the Final Report and draft Business Case Study for the establishment of the MSC. The Final Report was presented to North Frontenac Council at its meeting on October 22, 2021, together with the draft Business Case Study. North Frontenac Council voted in favour of a motion to support the recommendation and the draft Business Case Study at its meeting on October 22, 2021. The Complaint alleges that by virtue of his involvement with the Committee, the Deputy Warden knew or ought to have understood the background and history of the file, including the decisionmaking process leading to the recommendation of the MSC model. The Complaint alleges that at no time did the Deputy Warden speak against any recommendations made by the Committee, and was supportive and did not object in any manner at any meeting throughout the five-year process leading up to the decision to approve the recommendations of the Committee and the draft Business Case Study for the MSC. The Complaint references an article in the Frontenac News from October 27, 2021 that quotes the Deputy Warden as stating:
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“There’s nothing we want to see changed before this going to the public,” said Mayor Ron Higgins. “We see no red flags. I also see a lot of movement from urban centres because of covid (and) I think this (plan) is proactive and environmentally progressive.” The Deputy Warden is clear in his Response that he was entirely supportive of the Committee’s recommendations, but that this support was based on the information that was presented which only contemplated one option, being the MSC. The Deputy Warden included an email exchange in his Response which included correspondence between the Deputy Warden and the consultant who had previously led the WSP study (who by the time the Final Report was presented to the Committee in September 2021 was employed with a different consulting company). In this email exchange, the Deputy Warden points to the statement in the Final Report that a “Private Utility model may not be adopted given that water is an essential service and must remain within public entity ownership” and asks the consultant to confirm that this statement is correct. It is not clear that the consultant was the author of the statement that the Deputy Warden highlighted in his email. This email exchange directly preceded the February Email. What is evident from the Deputy Warden’s exchange with the consultant is that this is a complicated matter and there does not appear to be clear direction in the legislation when applied in this context. In response to the Deputy Warden’s allegation that he only learned that a private option was technically possible in February 2021, the complainant’s Reply states: The purpose of the Communal Service Governance/Operations Model Review Committee was to examine the implementation of a public option that eliminated the need for private developers to enter into a Municipal Responsibility Agreement (MRA). This matter was discussed numerous times at both the Committee and Council level. It was never intended to look at private options. The initial WSP report was presented to County Council on June 19, 2019 with a covering staff report. The WSP report references the word “private” 125 times. To suggest that the consultant and/or staff some how ignored the “private” option, or misled the Deputy Warden and Council is incorrect. It was acknowledged and the challenges associated with private services were clearly identified. The option of private communal services was set aside as a viable option by the motion of Council to pursue the MSC option. Finally, in Reply, the complainant alleges that the Deputy Warden was supportive throughout the process, until:
members of the Cottage Association in which the Deputy Warden’s home is located indicated that they opposed the project; and
the Deputy Warden announced that he would be running for Mayor in the October 2022 election.
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(c)
January Email
On January 17, 2022, the Deputy Warden sent an email from his mayoral email address to the County’s Director of Planning and Economic Development (the “Director”) in respect of a planning application by one of his constituents in the Township of North Frontenac. A copy of the January Email was attached to the Complaint. The Deputy Warden stated in his email: Planning is my number one issue right now and Planning/Zoning is the main complaint from the Public… As you know your department has received some flack from my Council over the years and I have tried to be supporting and work collaboratively with you. As an FYI, this is now going to be my number one platform item for the campaign coming up. To that end, I am going to be reviewing the PPS, Official Plan, Zoning By-law and related policies and recommend changes on how we do planning in North Frontenac from policy right down to staffing and enforcement. I hope you now have a sense of how important this is to me and how it could potentially affect the County in the next term of office. My concern from a County perspective is that your team, from my perspective without understanding the entire issue, seems to be too rigid in providing advice or entertaining other options, too much turnover of staff and having to again educate planners in the rural and NF aspects of planning etc. …I had discussed this at Council on Friday and Council is not supportive of me reopening planning discussions, so I am going to do this on my own starting today by reviewing all requirements from the PPS down to our process documentation. Depending on the outcomes I will either file as an admin report or use it in my upcoming campaign. The Deputy Warden then once again references the constituent’s planning issue and concludes: This one is going to require special attention over the next year or two to avoid any potential future litigation related to these two properties. The Complaint alleges that the Deputy Warden employed pressure tactics on the Director in order to reduce the level of planning oversight for applicants from North Frontenac, and that this email was sent for the purpose of intimidating staff. The Deputy Warden submits that it was not his intention to pressure or intimidate staff, simply to provide information about his plans for his election platform (and, while not stated, presumably the referenced development application). (d)
February Email
On February 8, 2022, the Deputy Warden sent an email from his mayoral email address to the Director, copying the County’s Clerk and CAO, as well as the Township’s Clerk and CAO, two other Township staff and two members of County Council. The February Email was entitled “Communal Systems”. The Deputy Warden wrote: I have begun a review of how North Frontenac handles planning based on a number of resident complaints sent to myself over the last year…
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During that review I found references to communal systems and what I found is educational yet disturbing. There has [sic] been concerns raised at County Council, [North Frontenac] Township Council and the Public (taxation dollars) at large which caused me to dig deeper into this project. In my mind, most of us think communal services is a good approach and I still feel that way. County Council agreed to look at how these services would be implemented and managed and we agreed to have the WSP consultants provide recommendations which they did. In that report the consultants recommended a municipal service corporation as an only option and provided models to do so. In the report … the consultant stated “Private Utility model may not be adopted given that water is an essential service and must remain within public entity ownership.” I believe that this statement is related to existing public utilities but I did not try to verify (other than with the consultant) where this statement came from, based on the rest of my research and conclusions that follows. When this was presented to County Council and Townships Councils it was presented as the only option based on that statement from WSP. That got me to thinking, how can this be when we already have a communal system in North Frontenac, so I approached the consultant…and he was unable to provide where that statement came from… I have confirmed that Private communal systems are allowed and in fact are already in use in Ontario so long as they follow all the required legislation. Based on this I sent a request to confirm and verify my findings with [the Ministry of the Environment, Conservation and Parks] … I am disappointed that our Planning department did not provide Councils with all the options available and presented only the one option provided by WSP. Based on what we were presented I have been supporting the way forward but now feel I have been misinformed and lacked all the information required to make an educated decision at that time. As a result of what I have found I no longer support the MSC as the only option and will bring this back to my Council for review and suggest we do the same for County Council. To avoid some possible issues at the public meeting I suggest we cancel the Public Meeting until my concerns have been addressed and all Councils are aware of this information and have the time to digest accordingly before presenting to the Public. The Deputy Warden concluded his email by asking the County and Township Clerks to “communicate this email to County Council members, all Township Councils and the communal services committee” and the Township Clerk to “add this to the agenda, including this email, for our next [North Frontenac] Council meeting”. In his Response to the Complaint, the Deputy Warden provided more context for the February Email:
He had recently discovered that there were, in his view, two errors in the Final Report:
the previous version of the PPS was referenced; and
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the Final Report states that the Private Utility model, one of the six initial models considered at the outset of the consultant’s assessment, was excluded because a “Private Utility model may not be adopted given that water is an essential service and must remain within public entity ownership”.
Based on the resolutions already passed by County Council in support of establishing an MSC at the County level, it was his view that the perceived errors in the Final Report needed to be addressed quickly. He notes that this urgency was related to a scheduled Public Meeting for a proposed communal system in Central Frontenac, and he wanted to ensure that a public MSC was not presented as the only option at that meeting.
Finally, the Deputy Warden states in his Response that “[w]hen I sent the [February Email], I was expecting we would have a meeting to discuss the information provided in my email.” The Deputy Warden received a response to the February Email from the County’s CAO, which stated: … your allegation has the potential to affect [the Director’s] ability to practice his profession, maligns his character, and question his ethics. Your email also contains several factual inaccuracies that undermine the decisions of County Council. Such action is also a prima facie violation of the Council Code of Conduct. The Deputy Warden’s response was included in the Complaint. He wrote: I never intended my email to reflect what [the CAO] is implying below, I was disappointed but never intended to question your professional capabilities. After reading the email many times I can see how it could come across that way… But know now that I regret the implications the email may have implied by those reading the email… (e)
Other Matters
In the Deputy Warden’s Response to the Complaint, he raises a concern that the County’s Planning Advisory Committee (“PAC”) has not held a meeting since September 2021, and states that if more regular PAC meetings had occurred, the issues that are the subject of the Complaint could have been addressed at the committee level. The Deputy Warden acknowledged that the PAC “is the process that could/should be followed to address public concerns and have a forum to raise issues such that I have raised as outlined in this complaint. It also allows the opportunity to improve the Planning process overall, ask questions about planning matters, keeps us all accountable and a forum to address complaints.” In Reply, the complainant notes that the Deputy Warden was the PAC Chair for 2021 and could have therefore called a meeting at any time to address his concerns. Alternatively, he could have brought his concerns to Council in the form of a notice of motion.
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VI.
FINDINGS
This section of the Report contains our findings regarding the allegations that the Deputy Warden’s comments in the January Email and February Email contravened Sections 4.1(a), (f) and (h); 5.3; 9.1, 9.2, 9.3, 10.1 and 12.1 of the Code. We address each provision in turn. (a)
Section 4.0 – General Obligations
The Complaint alleges that the Deputy Warden contravened the following clauses of Section 4.1 of the Code: i.
Section 4.1(a)
Section 4.1(a) requires members of County Council to make every effort to act with good faith and care. This section entails action by members of County Council that is sincere, fair, open and honest. Put another way, this section prohibits statements or actions made maliciously, in bad faith or with ill intention. We do not find that the Deputy Warden acted maliciously, in bad faith or with ill intention. While it is not our view that the Deputy Warden acted with the level of care that he ought to have exercised in these circumstances, he did not act in bad faith and with a complete lack of care. Accordingly, we find that he did not contravene Section 4.1(a) of the Code. ii.
Section 4.1(f)
Section 4.1(f) provides that members must refrain from making statements known to be false or with the intent to mislead County Council or the public. The purpose of this section of the Code is not to strictly regulate factually incorrect statements made by a member of County Council, but rather requires members to refrain from deliberately or intentionally making statements that they know are untrue, or for the purpose of misleading others. The Complaint alleges that the February Email mischaracterized and misstated that the Deputy Warden was “misinformed” and “lacked the information required to make an educated decision” in respect of the communal services issue, and that there was only “one option” presented by WSP in the course of its study. In order to find that the Deputy Warden has contravened Section 4.1(f) of the Code, it must be established that he knew the statements contained in his February Email were false and that he intended to mislead Council or the public. Based on our review of the record, it is evident that communal services have been the subject of lengthy study in the County. Furthermore, by the consultant’s own admission, the response to the question raised by the Deputy Warden regarding the private option is not black and white. While we question the correctness of the Deputy Warden’s assertion that the private option was never presented to or discussed by County Council or the Committee, we accept that the Deputy Warden had an honestly held belief that he had not been provided with all of the information required to make an educated decision, and that, from his perspective, the private ownership option was not presented to him during the County’s study of communal services. We find that there was no evidence that the Deputy Warden’s intended to mislead anyone in making the statements in the February Email. On this basis, we do not find that the Deputy Warden contravened Section 4.1(f) of the Code.
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iii.
Section 4.1(h)
Section 4.1(h) provides that members shall accurately communicate the decisions of County Council and respect its decision-making process even if they disagree with County Council’s ultimate determinations and rulings. The Complaint alleges that the February Email was an attempt to undermine previous decisions of County Council, and accordingly represents a failure to respect its decision-making process. We accept the submission by the Deputy Warden and find that his statements were not intended to undermine County Council’s decision-making process. The Deputy Warden states in his Response: [Council and the Committee] made decisions based on the report from the consultant. Since then, I found additional information that should be presented to Council for further discussion. It in no way undermines our decision at that time and in fact is providing additional information for Council to consider. None of the information I provided I feel is inaccurate or misleading as evidenced in the information I am providing in my response….I fail to understand how bringing additional information to the table undermines a decision of Council. We do not find that the Deputy Warden contravened Section 4.1(h) of the Code, but we caution members of County Council to take care when commenting on the evidentiary basis that led to a decision of County Council as the Deputy Warden did in this case. While we accept that it was not the Deputy Warden’s intention to undermine County Council’s previous decisions, his February Email was quick to cast aspersions on the work done by the consultant and Planning staff in a way that has the potential to erode public trust in County Council’s previous decisions. As explained elsewhere in this report, it is our view that the Deputy Warden could have taken a different approach by sharing his concerns with the CAO, bringing a notice of motion to County Council or requesting that an emergency PAC meeting be scheduled to discuss the matter. (b)
Section 5.3 – The Role of Staff
The Deputy Warden contravened Section 5.3 of the Code, which provides that members “shall comply with the County’s Council and Staff Relationship Policy”. Section 4.1 of the Council and Staff Relationship Policy requires members of County Council (and, reciprocally, staff) to:
relate to staff in a courteous, respectful and professional manner;
understand and respect staff’s roles and responsibilities;
work together with staff to produce the best results and outcomes from the County and always for the collective public interest of the County; and
act in a manner that enhances public confidence in local government.
Section 5.1 of the County’s Council and Staff Relationship Policy requires members of County Council to respect the administrative and managerial chain of command by:
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directing any questions or concerns in relation to the administration or management of the County to the Warden or the CAO for their consideration;
giving direction to staff only as Council and through the CAO; and
refraining from being involved in the management of staff.
A member does not have any ministerial or executive authority, unless delegated by Council. Accordingly, a member of council may only direct staff through resolutions and by-laws enacted by Council as a while. This is the principle that is reflected in Section 5.1 of the County’s Council and Staff Relationship Policy. The Ontario Municipal Councillor’s Guide 2018, published by the Ministry of Municipal Affairs and Housing, describes the three main roles of a member of council: “a representative, a policy-maker, and a steward”. The Ontario Municipal Councillor’s Guide 2018 explains the councillor’s role as a steward as follows: There is a fine line between council’s overall stewardship of the municipality and the administration’s management of day-to-day activities. Generally, council monitors the implementation of its approved policies and programs, but the practical aspects of its implementation and administration are a staff responsibility. It is evident from both the January Email and the February Email that the Deputy Warden contacted the Director directly with questions and concerns about particular files, and that he had done so in the past. The proper approach would have been to share his concerns with the CAO and/or the Warden, or to raise certain concerns in the context of a meeting of County Council. We therefore find that the Deputy Warden’s emails were a contravention of Section 5.1 of the Council Staff Relationship Policy. We are also of the view that the Deputy Warden contravened Section 4.1 of the Council Staff Relationship Policy. Both the January Email and February Email were unprofessional and failed to understand or respect the roles and responsibility of staff. With respect to the January Email, there was no need for the Deputy Warden to share his concerns about the operation of the County’s Planning Department and his plans for his election platform with the Director in this context. While the Deputy Warden states in his Response, “I like to speak my mind and bring issue [sic] to the surface to be addressed” and “the intent was not to provide direction but make [the Director] aware of my issues and how I planned to address them going forward.” The Deputy Warden is entitled to so do in the proper forum. An email to staff is not that forum. We are further concerned about the Deputy Warden’s closing statement in the January Email. While this statement may have been intended as a friendly heads up about the possibility of litigation, it could be – and apparently was – perceived as a threat. It was inappropriate for the Deputy Warden to have made this statement. With respect to the February Email, it is our view that there is an established process in which the Deputy Warden could have obtained more information, clarification or assistance in bringing his concerns about the private option to County Council for its consideration. We were presented with no evidence that the Deputy Warden asked municipal staff or the CAO about the private option. Instead, he assumed that an error was made and sets out a number of allegations in an email copying several members of staff and other members of County Council.
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We take issue in particular with the Deputy Warden’s request in the February Email that the email in its entirety was to be included on a public agenda. The inclusion of the email on a public council agenda does not reflect the directive in the Council Staff Relationship Policy to “act in a manner that enhances public confidence in local government”. Despite the Deputy Warden’s submissions that his intent was to critique the process and not any individual member of staff, it is our view that the email casts aspersions on Planning staff and suggests that staff have failed to fulfill their obligations to keep Council properly informed. (c)
Sections 9.1, 9.2 and 9.3 – Harassment or Discrimination
The Complaint alleges that the Deputy Warden contravened Sections 9.1, 9.2 and 9.3 of the Code. Section 9.1 of the Code requires members to “treat all members of the public, one another and staff with respect and without abuse, bullying or intimidation and ensure that their work environmental is free from discrimination and harassment.” The Complaint specifically alleges that the Deputy Warden’s emails were intended to intimidate and pressure staff. Based on the Response received from the Deputy Warden, it appears that he is aware that he erred in the way he expressed himself in the February Email. He wrote: I agree the email was not well crafted and I am embarrassed by that, however the intention never was to question the integrity of the [Director], only to point out that the Planning department should have caught the items raised. … I am guilty of being too direct and not crafting an email in a more professional and sensitive manner. We find, on the balance of the evidence, and taking into account the Deputy Warden’s submissions in his Response, that the Deputy Warden’s comments to the Director were not intended to be a “pressure tactic” or to intimidate staff. We take note of the Deputy Warden’s vehement denial in his Response that he had been suggesting that North Frontenac terminate its contract with the County for planning services in his original correspondence, and, importantly, his apparent remorse at his failure to properly communicate the intent behind his statements. We find that the context and delivery of the Deputy Warden’s message to the Director was ill-crafted and was received by its reader as an attempt to intimidate. As stated above, the conclusion of the February Email, in which the Deputy Warden asks for his comments to be added to the public record, and the closing statement in the January Email could be interpreted as an attempt to inappropriately pressure staff. We understand that the Deputy Warden became increasingly frustrated over the course of his correspondence and felt a sense of urgency to take steps in advance of what he perceived to be an important deadline (the public meeting that was scheduled in respect of a development proposal in another area of the County at which the MSC model would be presented, in his view, erroneously, as the only available option). Nevertheless, an email directly to staff rather than through the Warden and/or CAO (as required under Section 5.3 of the Code) was not the
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approach that should have been taken. It is not appropriate for a member of County Council to vent his frustration at staff (or to other members of County Council, the Warden or the CAO). It is our determination that the Deputy Warden did not contravene Section 9.1 of the Code. Section 9.2 of the Code provides that members shall not use indecent, abusive or insulting words, phrases or expressions toward any member of the public, another member of Council or staff. Section 9.3 of the Code requires members to comply with the County’s workplace harassment and violence policy Based on our review of the January Email and the February Email, we have determined that the Deputy Warden’s statements to staff do not constitute discrimination or amount to harassment in contravention of Sections 9.2 or 9.3 of the Code. (d)
Section 10.1 – Improper Use of Influence
Section 10.1 of the Code prohibits members from using the influence of their office for any purpose other than the lawful exercise of his or her official duties in the public interest. The Complaint alleges that the catalyst for the Deputy Warden’s change of position in respect of the MSC is related to his ties with his local Cottage Association, which opposes the communal servicing model, and his aspirations of re-election as Mayor of North Frontenac (and therefore as a member of County Council) in the upcoming municipal election. The Deputy Warden was candid in his communications with staff that he intends to focus on planning issues as part of his re-election campaign. However, it is our view that the Deputy Warden did not make any requests of staff that fell outside of the scope of his duties as a currently elected official. While we find that the way that the Deputy Warden communicated with staff was inappropriate and in contravention of Section 5.3 of the Code, we do not find that he inappropriately used the influence of his office in an unlawful way. Section 13.1 of the Code applies to election activity and specifically prohibits members of County Council from using the County’s resources, including staff time, for any election-related activities. We do not find that the Deputy Warden contravened Section 13.1 on the basis of his emails to the Director, but, given that we are on the cusp of a municipal election, it warrants repeating to all members of County Council seeking re-election that any election-related activities should be kept strictly separate from their work as current members of County Council. (e)
Section 12.1 – Adherence to Council Policies and Procedures
The Complaint alleges that the Deputy Warden contravened Section 12.1 of the Code, which requires members to “observe and adhere to the policies, procedures and rules established from time to time by Council”. The Complaint does not specifically indicate which other policies, procedure or rules established by Council that the Deputy Warden is alleged to have contravened. On this basis, this portion of the Complaint is dismissed.
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VII. CONCLUSIONS Based on the foregoing, we conclude that the Deputy Warden contravened Section 5.3 of the Code by failing to adhere to Sections 4.1 and 5.1 of the Council Staff Relationship Policy. We have concluded that the remaining portions of the Complaint are not sustained and they are dismissed. VIII.
REMEDY
By By-law No. 2019-0014, Council delegated its powers to impose penalties under the Code to the Integrity Commissioner. The Municipal Act, 2001 sets out no criteria for the imposition of penalties. However, there are four generally accepted criteria to guide the imposition of penalties, which are criteria often relied upon by other professional and regulatory bodies: (i) specific deterrence; (ii) general deterrence; (iii) rehabilitation; and (iv) maintenance of public confidence. The Complaint alleges that because the Deputy Warden received training on his obligations under Code, he should have known that his actions in respect of this matter were contrary to the Code. The Complaint also alleges that because of his experience as a member of County Council, the Deputy Warden knew or ought reasonably to have known that his actions were beyond his authority as Mayor, County Councillor or Deputy Warden. We note that this is the first complaint we have received in respect of the Deputy Warden. We furthermore take note that, in his Response, the Deputy Warden has acknowledged that he could have improved on the way in which he communicated with the Director. As stated elsewhere in this Report, it is our view that the Deputy Warden should not have communicated directly with the Director on this matter at all, and erred when he requested that the inappropriate statements in the February Email be publicly disseminated. Based on the foregoing, we have determined that the appropriate penalty in this case is a reprimand pursuant to paragraph 223.4(5) 1 of the Municipal Act, 2001. A reprimand in these circumstances serves as both a specific and general deterrent so as to ensure that other members of County Council are also aware of their obligations under the Code, particularly with respect to their interactions with staff. As a remedial measure we ask that the Deputy Warden issue a public apology to County staff and, in particular, to the Director. This Report has been prepared for and is forwarded to Council for information – no decision is required. Subsection 223.6(3) of the Municipal Act, 2001 provides that this report be made public. AIRD & BERLIS LLP
Meaghan Barrett Integrity Commissioner for the County of Frontenac Dated this 2nd day of June, 2022
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Appendix “A” CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS 4.0 General Obligations 4.1 Members shall: (a) make every effort to act with good faith and care; (f) refrain from making statements known to be false or with the intent to mislead Council or the public; (h) accurately communicate the decisions of Council and respect Council’s decision-making process even if they disagree with Council’s ultimate determinations and rulings. 5.0 The Role of Staff 5.3 A Member shall comply with the County’s Council and Staff Relationship Policy. 9.0 Discrimination and Harassment 9.1 A Member shall treat all members of the public, one another and staff with respect and without abuse, bullying or intimidation and ensure that their work environment is free from discrimination and harassment. 9.2 A Member shall not use indecent, abusive or insulting words, phrases or expressions toward any member of the public, another Member or staff. A Member shall not make comments or conduct themselves in any manner that is discriminatory to any individual based on the individual’s race, colour, ancestry, citizenship, ethnic origin, place of origin, creed or religion, gender, sexual orientation, marital status, family status, disability, age or record of offences for which a pardon has not been granted. 9.3 A Member shall comply with the County’s workplace harassment and violence policy. 10.0 Improper Use of Influence 10.1 A Member shall not use the influence of their office or appointment for any purpose other than the exercise of his or her official duties in the public interest. 12.0 Council Policies and Procedures 12.1 A Member shall observe and adhere to the policies, procedures and rules established from time to time by Council.
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Appendix “B” COUNCIL AND STAFF RELATIONSHIP POLICY 4.0
General Obligations
4.1
In all respects, Members and Staff shall: (a)
relate to one another in a courteous, respectful and professional manner;
(b)
maintain formal working relationships in order to promote equality and discourage favouritism, which includes but is not limited to using proper titles and avoiding first names during public meetings or formal business dealings;
(c)
understand their respective roles and responsibilities, and appreciate and respect the roles and responsibilities of the other;
(d)
work together to produce the best results and outcomes for the County and always for the collective public interest of the County; and
(e)
act in a manner that enhances public confidence in local government.
5.0
Roles and Responsibilities of Members
5.1
Members acknowledge and agree that: (a)
Council as a whole is the governing body of the County and that it comprises a collective decision-making body;
(b)
they are representatives of the entire County;
(c)
Staff serve the whole of Council rather than any individual Member;
(d)
they govern, provide political direction and make decisions as Council;
(e)
they will respect the administrative and managerial chain of command by: (i)
directing any questions or concerns in relation to the administration or management of the County to the Warden or the CAO for their consideration;
(ii)
giving direction to Staff only as Council and through the CAO; and
(iii)
refraining from becoming involved in the management of Staff.
(f)
they shall use Staff time effectively, which includes but is not limited to only referring essential matters to Staff for reports;
(g)
they ensure any requests for information to Staff that were not received at a meeting of Council are made in writing and circulated in writing to all Members;
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(h)
they understand that Staff will undertake significant projects only if they have been directed to do so by Council through the CAO;
(i)
whenever possible, they shall notify Staff if an action or position of Staff is to be questioned or criticized at a public meeting to ensure Staff has sufficient time to formulate an intelligent, informed and helpful response for the consideration of Council and that any such questioning or criticism shall be undertaken with courtesy, respect and professionalism, and in no event shall there be any attempt to humiliate, berate, disparage or denigrate Staff and that they shall refrain from publicly criticizing members of Staff in relation to their intelligence, integrity, competence or otherwise;
(j)
they shall request advice from the Clerk about the appropriate wording of motions, amendments, and formal directions of Staff;
(k)
they shall request information regarding meeting agendas or minutes from the CAO or Clerk;
(l)
as individual Members, they have no greater access to records or information held by the County than any member of the public and that they cannot access records or information otherwise protected from disclosure by the Municipal Freedom of Information and Protection of Privacy Act or in accordance with the process set out in that statute;
(m)
they shall recognize Staff are not expected to provide information or take action in outside of regular administrative business hours, except in extenuating circumstances;
(n)
certain members of Staff are statutory officers and have specific statutory authorities, duties, powers and responsibilities that cannot be interfered with or derogated from;
(o)
they shall at all times comply with the County’s Code of Conduct for Members of Council; and
(p)
they shall at all times comply with any policies relating to Council that the Council may implement from time to time.
48825885.3
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Appendix “B” to the Code of Conduct Complaint Protocol Part A – Informal Complaint Procedure 1.
Any individual who identifies or witnesses behaviour or activity by a Member that they believe contravenes the Code of Conduct may seek to address the prohibited behaviour or activity themselves in the following manner by following the Informal Complaint Procedure: (a)
document the incident(s) where the Member may have contravened the Code of Conduct including dates, times, locations, other persons present, and any other relevant information;
(b)
advise a third party about the concerns regarding the Member’s actions;
(c)
advise the Member that the behaviour or activity appears to contravene the Code of Conduct;
(d)
identify to the Member the specific provision(s) of the Code of Conduct that may have been contravened;
(e)
encourage the Member to acknowledge and agree to stop the prohibited behaviour or activity and to undertake to refrain from future occurrences of the prohibited behaviour or activity;
(f)
request the Integrity Commissioner to assist in informal discussion of the alleged complaint with the Member in an attempt to settle or resolve the issue;
(g)
if applicable:
(h)
(i)
confirm to the Member that his or her response is satisfactory, or
(ii)
advise the Member that his or her response is unsatisfactory;
consider the need to pursue the matter in accordance with the Formal Complaint Procedure set out in Part B, or in accordance with any other applicable judicial or quasi-judicial process or complaint procedure.
Individuals are strongly encouraged to pursue the Informal Complaint Procedure as the first means of remedying behaviour or activity of a Member that they believe violates the Code of Conduct.
With the consent of both the complaining individual and the Member, the Integrity Commissioner may participate in any informal process. The parties involved are encouraged to take advantage of the Integrity Commissioner’s potential role as a mediator/conciliator of issues relating to a complaint.
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4.
The Informal Complaint Procedure is not a precondition or a prerequisite to pursuing the Formal Complaint Procedure set out in Part B.
Part B – Formal Complaint Procedure Formal Complaints 1(1) Any individual who identifies or witnesses behaviour or activity by a Member that they reasonably believe contravenes the Code of Conduct may file a formal complaint to request an inquiry by the Integrity Commissioner as to whether a Member has contravened the Code of Conduct in accordance with the following requirements:
(2)
(a)
all complaints shall be in writing on the prescribed form (Formal Complaint Form # 1) and shall be dated and signed by an identifiable individual;
(b)
the complaint must set out reasonable and probable grounds for the allegation that the Member has contravened the Code of Conduct and must be accompanied by a supporting sworn affidavit setting out the evidence in full in support of the allegation; and
(c)
Council may also file a complaint against any of its Members of an alleged contravention of the Code of Conduct by passing a resolution requesting the Integrity Commissioner to undertake an inquiry.
An elector, as defined in section 1 of the Municipal Conflict of Interest Act, or a person demonstrably acting in the public interest (collectively, a “complainant”) may file a formal complaint to request the Integrity Commissioner conduct an inquiry into an alleged contravention of section 5, 5.1 or 5.2 of that Act by a Member in accordance with the following requirements: (a)
all complaints shall be in writing on the prescribed form (Formal Complaint Form # 2) dated and signed by an identifiable individual;
(b)
the complaint shall include a statutory declaration setting out reasonable and probable grounds for the allegation that the Member has contravened section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act and attesting to the fact that: (i)
the complainant became aware of the contravention not more than six (6) weeks before the date of the complaint, or
(ii)
in the case where the complainant became aware of the alleged contravention during the period of time described in paragraph 1 of subsection 223.4.1(5) of the Municipal Act, 2001, that the complainant became aware of the alleged contravention during that period of time;
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(c)
(3)
Council may also file a complaint against any of its Members respecting an alleged contravention of sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act by passing a resolution requesting the Integrity Commissioner to undertake an inquiry and providing a statutory declaration as required by Section 1(2).
Individuals, electors or persons demonstrably acting in the public interest who file a formal complaint under Sections 1(1) or 1(2) must provide a full and complete record of evidence to the Integrity Commissioner who is under no obligation whatsoever to, but may, seek additional information to supplement or complete the evidentiary record to substantiate or support the allegation set out in the complaint.
Filing of Complaint and Classification by Integrity Commissioner 2(1) The complaint may be filed with the Clerk by hard copy or directly with the Integrity Commissioner by a sealed hard copy or by e-mail to the email address(es) set out on the County’s website. (2)
The Integrity Commissioner shall initially classify the complaint 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 procedures, policies or rules as set out in Section 3 or whether it is, on its face, a complaint under sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act.
Complaints Outside Integrity Commissioner’s Jurisdiction 3. If the complaint, including the supporting affidavit, is not, on its face, a complaint with respect to non-compliance with the Code of Conduct or the complaint relates to matters addressed by other legislation or complaint procedure under another County procedure, policy or rule or to an alleged contravention of section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, the Integrity Commissioner shall advise the complainant in writing as follows: Criminal Matter (a) if the complaint is, on its face, an allegation of a criminal nature consistent with the Criminal Code, the complainant shall be advised that: (i) (ii)
the Integrity Commissioner will refer it to the appropriate police service, or the complainant may pursue it with the appropriate police service if the complainant wishes to pursue any such allegation;
Municipal Freedom of Information and Protection of Privacy Act (b) if the complaint is more appropriately addressed under the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter must be referred to the Clerk to deal with under its access and privacy policies under that statute;
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Other Procedure, Policy or Rule Applies (c) if the complaint appears to fall within the scope of another procedure, policy or rule of the County, the complainant shall be advised to pursue the matter under such procedure, policy or rule with the appropriate County official or staff member; Lack of Jurisdiction (d) if the complaint is, for any other reason not within the jurisdiction of the Integrity Commissioner (for example, it relates to a decision of Council or a local board as a whole and not one or more individual Members), the complainant shall be so advised and provided with any additional reasons and referrals as the Integrity Commissioner considers appropriate; Matter Already Pending (e) if the complaint is in relation to a matter which is subject to an outstanding complaint under another process such as a court proceeding, a human rights or workplace harassment complaint or similar process, or to a civil matter that is pending before the courts, the Integrity Commissioner may, in his/her sole discretion, suspend any investigation, in whole or in part, pending the result of the other process; Similar Matter Already Pending (f) if the complaint is in relation to a similar matter which is subject to an outstanding complaint before the Integrity Commissioner, the Integrity Commissioner may, in his/her sole discretion, consider the matter in conjunction with the similar matter or deal with it separately, including not undertaking an inquiry if the matter can be adequately addressed in any report and/or recommendations made with respect to the complaint in the similar matter; and Other Ethical Code or Policy Applies (g) if the complaint is in relation to a matter which is governed by a code of conduct, ethical code or similar procedure or policy of another body or entity which also governs the Members (for example, another board, body or committee to which the Member has been appointed), the Integrity Commissioner shall consider the most appropriate forum for the complaint and may, in his/her sole discretion, defer consideration of the matter pending any determination made by the other body or entity and shall so advise the complainant and, if necessary, the Member. Limitation Period 4.(1) The Integrity Commissioner shall not accept a complaint under the Code of Conduct for which the event giving rise to the complaint occurred or came to the attention of the complainant more than six (6) months prior to the date of the filing of the complaint. The complainant must establish that the event giving rise County of Frontenac Code of Conduct for Members of Council and Local Boards Complaints Protocol
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to the complaint occurred and/or came to the complainant’s attention within six (6) months of the complaint being filed in accordance with Section 2. (2)
The Integrity Commissioner shall not accept a complaint relating to sections 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act except in accordance with the requirements of subsections 8(2)-(6) of that statute and section 223.4.1 of the Municipal Act, 2001.
Refusal to Conduct Investigation 5. The Integrity Commissioner has a discretion as to whether to carry out an investigation. If the Integrity Commissioner is satisfied, after considering the information contained in the complaint, that a complaint: (a)
is frivolous or vexatious,
(b)
is not made in good faith,
(c)
constitutes an abuse of process,
(d)
discloses no grounds or insufficient grounds for an investigation, or
(e)
does not warrant a full investigation,
the Integrity Commissioner shall not be required to conduct an investigation and may summarily dismiss the complaint, and, where this becomes apparent during the course of an investigation, the Integrity Commissioner shall terminate the inquiry and provide notice to the complainant and, if necessary, to the Member. Opportunities for Resolution 6. Following receipt and review of a formal complaint or at any time during the investigation where the Integrity Commissioner, in his or her discretion, believes that an opportunity to resolve the matter may be successfully pursued without a formal investigation, and both the complainant and the Member agree, efforts may be pursued to achieve an informal resolution.
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Investigation 7.(1) The Integrity Commissioner may proceed as follows, except where the Integrity Commissioner has a full factual record and believes, in his or her sole discretion, that no additional information is required, or where otherwise required by the Public Inquiries Act, 2009, or where the Integrity Commissioner has not otherwise terminated the inquiry: (a)
provide the Member with an outline of the complaint with sufficient particularity to allow the Member to understand the complaint against him or her but the Integrity Commissioner shall not have any obligation to disclose: (i)
the identity of the complainant, or
(ii)
the identity of any witnesses set out in the complaint or persons that are questioned/interviewed by the Integrity Commissioner,
unless it is essential for the Member to adequately respond to the complaint, which determination shall be made in the Integrity Commissioner’s sole and absolute discretion; (b)
request that the Member provide a written response to the allegations in the complaint to the Integrity Commissioner within ten (10) business days;
(c)
provide a copy of the Member’s response to the complainant with a request that any written reply be provided by the complainant to the Integrity Commissioner within ten (10) business days; and
(d)
extend the timelines set out above if the Integrity Commissioner deems it necessary to do so in his or her sole and absolute discretion.
(2)
If necessary, after reviewing the submitted materials, the Integrity Commissioner may contact and speak to or correspond with any other persons, access and examine any other documents or electronic materials, including any materials on the County’s computers and servers, and may enter any County work location relevant to the complaint for the purpose of investigation and potential resolution.
(3)
The Integrity Commissioner may, but is under no obligation, to provide the Member with a draft of the proposed draft report on the complaint.
(4)
The Integrity Commissioner shall not issue a report finding a violation of the Code of Conduct on the part of any Member unless the Member has had an opportunity either in person or in writing to comment to the Integrity Commissioner on any preliminary or proposed finding(s).
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(5)
The Integrity Commissioner may, but is under no obligation, to advise either the Member or the complainant of any proposed sanction or recommendation the Integrity Commissioner may include in the report to Council.
(6)
The Integrity Commissioner may make interim reports to Council where necessary and as required to address any instances of interference, obstruction, intimidation, delay, reprisal or retaliation by the Member or by any other person encountered during the formal complaint investigation.
(7)
The Integrity Commissioner is entitled to make such additional inquiries and provide such additional reports to Council where necessary and as required to address any instances of non-compliance with any decision of Council including the failure to comply with any penalties or corrective measure or actions imposed by the Integrity Commissioner.
(8)
The Integrity Commissioner shall retain all records related to the complaint and investigation but may provide copies of certain records, in confidence, to County administrative staff who are required to ensure that any such records are securely and confidentially retained.
No Complaint Prior to Municipal Election (1) Notwithstanding any other provision of this Complaint Protocol, no complaint may be filed with the Integrity Commissioner, no report shall be made by the Integrity Commissioner to Council during the period of time starting on nomination day for a regular municipal election year, as set out in section 31 of the Municipal Elections Act, 1996 and ending on the voting day in a regular election as set out in section 5 of the Municipal Elections Act, 1996. (2)
If the Integrity Commissioner has received a complaint and has commenced an inquiry but has not completed the inquiry before nomination day in a regular municipal election year, the Integrity Commissioner shall terminate the inquiry on nomination day but may commence an inquiry in respect of the same complaint if within six (6) weeks after the voting day in a regular municipal election the individual who made the request makes a written request to the Integrity Commissioner in accordance with subsection 223.4(8) of the Municipal Act, 2001.
Advice Provided to Member by Integrity Commissioner (1) Subject to Section 9(2), a Member is entitled to rely upon any written advice given by the Integrity Commissioner to the Member respecting the Code of Conduct in any subsequent consideration of the conduct of the Member in the same matter provided that the Member fully disclosed in writing all relevant facts known to him or her to the Integrity Commissioner and acted in accordance with the written advice provided by the Integrity Commissioner.
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(2)
If the Integrity Commissioner applies to a judge under section 8 of the Municipal Conflict of Interest Act for a determination as to whether the Member contravened section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act, the Member is entitled to advise the judge of any written advice given by the Integrity Commissioner provided that the Member fully disclosed in writing all relevant facts known to him or her to the Integrity Commissioner and acted in accordance with the written advice provided by the Integrity Commissioner.
(3)
A Member under investigation by the Integrity Commissioner shall not request advice from the Integrity Commissioner as to the Member’s rights under the Code of Conduct, the Municipal Conflict of Interest Act or generally at law with respect to any matter that the Integrity Commissioner is investigating or reviewing with respect to the Member, nor is the Member entitled to rely upon any statement(s) made by the Integrity Commissioner during the course of any investigation or review that may impact the Member’s rights under the Code of Conduct, the Municipal Conflict of Interest Act or at generally law.
Authority to Abridge or Extend 10. (1) Notwithstanding any requirement, obligation or timeline, set out in the Code of Conduct or this Complaint Protocol, the Integrity Commissioner shall retain the right to abridge or extend any provision therein in the public interest. Investigation Report 11.(1) The Integrity Commissioner shall report to the complainant and the Member no later than ninety (90) days after the official receipt of any complaint under the Code of Conduct. If the investigation process is anticipated to or takes more than ninety (90) days, the Integrity Commissioner shall provide an interim report to Council and must advise the parties of the approximate date the report will be available. The Integrity Commissioner may also, at his or her discretion, advise any witnesses or other persons of the approximate date the report will be available. (2)
Where the complaint is sustained in whole or in part, the Integrity Commissioner shall report to Council outlining the findings, the terms of any settlement and/or any recommended remedial or corrective measure or action.
(3)
The Integrity Commissioner may provide a copy of the report to the complainant and the Member whose conduct has been investigated in advance of the public release of the report, in strict confidence until the report is publicly released. The Member shall have the right to address the report if it considered by Council.
(4)
Where the complaint is not sustained, the Integrity Commissioner is not obligated to report to Council on the result of the investigation or any findings but may do so at his/her discretion and may also include such information as he/she deems necessary in a report or as part of an annual or other periodic report by the Integrity Commissioner.
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(5)
The Integrity Commissioner shall complete the investigation under the Municipal Conflict of Interest Act no later than one hundred eighty (180) days after the official receipt of any complaint validly made under Section 1(2) of this Part.
Findings 12.(1) If the Integrity Commissioner determines that: (a)
there has been no contravention of the Code of Conduct, or section 5, 5.1 or 5.3 of the Municipal Conflict of Interest Act, or
(b)
a contravention occurred but: (i)
the Member took all reasonable measures to prevent it, including having sought and followed the advice of the Integrity Commissioner;
(ii)
it was trivial,
(iii)
it was committed through inadvertence, or
(iv)
it resulted from an error in judgment made in good faith,
the Integrity Commissioner may so state in the report and may also take appropriate actions. (2)
If the Integrity Commissioner considers it appropriate, once he or she has concluded the investigation under Section 1(2) of this Part, he or she may apply to a judge under section 8 of the Municipal Conflict of Interest Act for a determination as to whether the Member has contravened section 5, 5.1 or 5.2 of that statute. If the Integrity Commissioner does not proceed with an application to the judge, he or she shall so advise the complainant.
Report to Council 13. Upon receipt of a report from the Integrity Commissioner with respect to the Code of Conduct, the Clerk shall place the report on the next regular agenda of Council for consideration by Council. A report from the Integrity Commissioner may also be considered by Council in advance of its next regular meeting should Council agree to hold a special or other meeting before its next regular meeting to consider the report.
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Public Disclosure 14.(1) The Integrity Commissioner and every person acting under his or her jurisdiction shall preserve confidentiality where appropriate and where it does not interfere with the course of any investigation, except as required by law and as required by this Complaint Protocol. (2)
The Integrity Commissioner shall retain all records related to the complaint and investigation although copies may be provided to the County’s administrative staff, subject to the duty of confidentiality under subsection 223.5 of the Municipal Act, 2001.
(3)
The identity of the Member who is the subject of the complaint shall not be treated as confidential information in the Integrity Commissioner’s report to Council. The identity of the complainant and of any other person, including witnesses, may be disclosed if deemed appropriate and necessary by the Integrity Commissioner or if consented to by the complainant.
(4)
All reports from the Integrity Commissioner to Council shall be made available to the public by the Clerk.
Delegation by Integrity Commissioner 17. The Integrity Commissioner may delegate in writing to any person, other than a Member of Council, any of the Integrity Commissioner’s powers and duties under Part V.1 of the Municipal Act, 2001.
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Code of Conduct — Formal Complaint Form # 1 Affidavit I, of the
(first and last name),
County of
in the Province of Ontario.
Make Oath And Say (or Affirm):
- I have reasonable and probable grounds to believe that: (specify name of Member), a member of the Council of The Corporation of the County of Frontenac, has contravened section(s) of the Code of Conduct of the County of Frontenac. The particulars of which are are attached hereto.
- Facts constituting the alleged contravention (use separate page if required)
This affidavit is made for the purpose of requesting that this matter be reviewed and/or investigated by the County of Frontenac’s Integrity Commissioner and for no other improper purpose. Sworn (or Affirmed) before me at the the of on (date)
) ) ) ) Signature ) A Commissioner for taking affidavits etc.
Please note that signing a false affidavit may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation.
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Municipal Conflict of Interest Act— Formal Complaint Form # 2 Statutory Declaration I,
(first and last name), of the
County of
in the Province of Ontario.
I Solemnly Declare That:
- I have reasonable and probable grounds to believe that: (specify name of Member), a member of the Council of The Corporation of the County of Frontenac, has contravened section(s) of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. The particulars of which are are attached hereto.
- I became aware of the facts constituting the alleged contravention not more than six (6) weeks ago and they comprise the following: (use separate page if required)
This declaration is made for the purpose of requesting that this matter be investigated by the County of Frontenac’s Integrity Commissioner and for no other improper purpose. Declared before me at the the of
on (date)
) ) ) ) Signature ) A Commissioner for taking affidavits etc.
Please note that signing a false affidavit may expose you to prosecution under ss. 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation. County of Frontenac Code of Conduct for Members of Council and Local Boards Complaints Protocol
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Report 2022-071 Council Recommend Report To:
Warden and Council of the County of Frontenac
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Kelly Pender, Chief Administrative Officer Joe Gallivan, Director of Planning and Economic Development Kevin Farrell, Manager of Continuous Improvement
Date of meeting:
June 15, 2022
Re:
Office of the Chief Administrative Officer – Status and Timing of County Corporate Strategy and Related Projects
Recommendation Resolved That the Council of the County of Frontenac accept the Office of the Chief Administrative Officer Report – Status and Timing of County Corporate Strategy and Related projects report for information; And Further That the Council of the County of Frontenac approves as follows:
- That staff immediately commence the Request for Proposals (RFP) for a facilitator to commence the 2022 public consultation process for the 2023-2026 County strategic plan as outlined in the report;
- That staff be directed to include in the 2023 County budget for consideration a line item to complete the 2023-2026 County strategic plan process; Background The Council of the County of Frontenac approved their current strategic plan in June
- The plan prepared by 8020 Info Inc. and involved extensive consultation with online input from more than 200 residents across the Frontenacs in addition to local consultations in public sessions with each member Township Council. Feedback received was processed by the consultants and highlights summarized and presented to County Council. The approved plan included three Strategic Priorities for the County with action objectives to assist with the implementation of those priorities that were developed and approved by Council.
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The three Strategic Priorities are: 1.
Get behind plans that build community vitality and resilience in times of growth and change: o Provide committed leadership and continuing support to the long-term regional plan to enhance broadband and cell service. o Refine and invest in efforts to accelerate economic development — to grow businesses, attract more visits and expand the tax base. o Pursue proactive planning approaches that reflect local concerns and priorities within strategic regional planning policy so as to enhance service levels, manage rising demand for new housing and deal with new types of development.
Explore new funding sources and invest wisely in critical long-term infrastructure: o To meet the needs of future capital projects, explore new sources of funding support (current and future programs), cost-sharing options and other potential economies. o Design a framework, explore options and initiate plans for development of a long-term care facility that will meet Fairmount Home’s mandate. o Develop plans within a changing legislative and service delivery landscape to provide additional facilities for Frontenac Paramedics that will effectively meet steadily growing demand for services and accommodate more paramedic training. o Finalize plans and financing to replace/construct/renovate aging County buildings now used for administration services (through a shared admin facility if possible). o Explore a collaborative upper-tier role for the County in securing potential funding and support for township maintenance of roads & bridges in a regional road system
Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach of individual mandates and jurisdictions: o Work with the townships, other municipalities and levels of government on broad infrastructure issues — ranging from environmental concerns to regional transportation strategies for residential, social and economic purposes, and access to funding
Recommend Report to Council Office of the CAO – Status and Timing of County Corporate Strategy June 15, 2022
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o Play a leadership role on communications to promote shared messaging for all regional initiatives such as economic development, tourism and lifestyle opportunities, and broadband and cell services o Continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services Staff provided a mid-term status update report regarding progress on these priorities and where appropriate the priorities are included in the business plans for the departments. This mid-term report was provided to Council at the June 16, 2021 meeting, Report #2021-047. A key aspect of strategic planning for public agencies is the ability to track and report on key performance indicators (KPI). Mr. Kevin Farrell, Manager of Continuous Improvement will provide an overview of the current KPIs and the review process that was undertaken with each department. The KPIs are presented based upon a Balanced Score Card system, which includes measures relating to 4 key perspectives of the organization: •
Customer Focus: this perspective views organizations performance from the point of view of the customer(s) that the organization serves.
•
Financial Performance: this perspective views the organizations financial performance and the use of financial resources.
•
Process Improvement: this perspective views the organizational performance through the lenses of quality and efficiency related to services and key business processes.
•
Learning and Growth: also referred to as Organizational Capacity. This perspective views organizational performance through the lenses of human capital, infrastructure, technology, culture and other capacities that are key to breakthrough performance.
The balanced scorecard is used to connect the ‘big picture elements’ (e.g. mission, vision, core values and strategic focus) with the operational elements. It acts as a strategic planning and management system that can be used to: • Communicate what the organization is trying to accomplish • Align the day-to-day work with strategy • Prioritize projects, products and services • Measure and monitor progress towards strategic targets With each iteration of the strategic plan, staff will update the KPIs to ensure reporting reflects council priorities. In order to ensure that summer residents are consulted and the 2023 Council are in a position to establish a strategic plan early in their Council term it is suggested that the Recommend Report to Council Office of the CAO – Status and Timing of County Corporate Strategy June 15, 2022
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public consultation commence this summer and be brought to the new Council in January/February of 2023. The purpose of this report is to lay out a path for next steps related to corporate strategic planning and a review of operational plans. The County strategic plan should focus on existing service delivery and where service enhancement are recommended, the plan should ensure that resourcing (staff and budget) are in place. Comment Strategic planning is an important tool for municipalities in order to:
- Set direction and priorities – help ensure the proper allocation of scarce resources
- Ensure that Council is on the same page – citizens will know the priorities over the course of the term of Council
- Simplify decision making – priorities have been established and any new issues can be evaluated against these priorities
- Drive alignment – Council and staff can all be on same page and ensure that business plans reflect Council priorities
- Communicate a message – citizens can be informed and kept up to date on success
- Establish transparency and accountability – the plan will measure success and establish key performance indicators It should also look at broader service delivery issues such as establishing a time frame and philosophy for core services. These could include issues such as: • • •
• •
• • • •
Rationalization of paramedic stations with a view towards optimizing service delivery and physical foot print The future of long-term care o Expansion at current site o Services in the north of the County Future of the Economic Development Charter o Increasing tourism services o Trails management o Active transportation o Ambassador program – local business support Shared service enhancements Renewal of Service Delivery and Organizational Review (SDOR) o Staffing levels o Benchmarking o Effectiveness of continuous improvement efforts Rural transportation services Promotion of green energy Regional Community Improvement Plan(s) Rural healthcare
In order to ensure that the new Council will be able to address the County strategic plan early in their term, while also ensuring that public consultation can happen in the Recommend Report to Council Office of the CAO – Status and Timing of County Corporate Strategy June 15, 2022
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summer/ fall season, staff are recommending that this component begin in 2022. The new Council can then be provided the information, including a summary of community input and a SWOT analysis in order to launch the process with a view towards concluding the plan late spring/ early summer of 2023. By proceeding in this manner we will be able to reduce the turnaround time for the new plan by 3 to 4 months. In order to place the strategic planning process in context, the attached document, Schedule ‘A’ sets out the current framework of documents and plans. Sustainability Implications Approving a strategic plan that is supported by a public consultation process will help ensure that community priorities are establish and that scarce resources are allocated to those priorities. Financial Implications In order to ensure a non-biased outcome of the consultation process, an outside facilitator is proposed to be engaged to conduct the four (4) consultation meetings, the “new” Council review process and the subsequent public meeting as well as the two additional meetings with Council. In order to reduce costs, staff will assist the facilitator by providing support services, including logistics and cost estimates. It is estimated that these cost will be 8-10 days of consulting in 2022 and an additional 8-10 days in 2023. At a daily per diem of $1,000 (plus expenses), we expect this exercise to cost $17-21K. The 2023 portion will be brought forward during the 2023 budget process. Should Council conclude that an entirely independent study be conducted without the support of staff, it is estimated that an additional $5-10K may be required. The 2022 portion is recommended to come from the Stabilization reserve. The 2021 year-end surplus of $323,657. Staff recommended in Report 2022-064 that the surplus be allocated to the Stabilization Reserve. Organizations, Departments and Individuals Consulted and/or Affected Senior Leadership Team Kevin Farrell, Manager of Continuous Improvement
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Schedule ‘A’ – Strategic Planning Framework
FCM, AMO, ROMA, EOWC & EOLC
5 Official Plans
3 WIGS
Rural Transportation
Shared Services Agreements
Service Delivery & Org. Review
-
CORE BUSINESS Council/Governance
-
NON CORE BUSINESS -
Healthcare
Direction for Our Future
FPS Strategic Plan
FMT Strategic Plan
Corporate Services, Planning/Economic Development, Marine Services and Emergency Management (No Strategic Plan)
5 Yr. Business Plan
5 Yr. Business Plan
5 Yr. Business Plans (7)
Economic Development Charter
Strategic Planning Documents
Budget Policy/Long Range Financial Plan Tourism Capital Asset Plan
Energy Balanced Scorecard - KPIs
Waste Mgt
LEAN – Continuous Improvement Program
SERVICE DELIVERY PARTNERSHIPS & REGIONAL ISSUES Library, Public Health, Homelessness, Ontario Works, Housing, POA Court, Aboriginal Affairs, Doctor Recruitment, Schools
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Report 2022-071 Council Recommend Report To:
Warden and Council of the County of Frontenac
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Kelly Pender, Chief Administrative Officer Joe Gallivan, Director of Planning and Economic Development Kevin Farrell, Manager of Continuous Improvement
Date of meeting:
June 15, 2022
Re:
Office of the Chief Administrative Officer – Status and Timing of County Corporate Strategy and Related Projects
Recommendation Resolved That the Council of the County of Frontenac accept the Office of the Chief Administrative Officer Report – Status and Timing of County Corporate Strategy and Related projects report for information; And Further That the Council of the County of Frontenac approves as follows:
- That staff immediately commence the Request for Proposals (RFP) for a facilitator to commence the 2022 public consultation process for the 2023-2026 County strategic plan as outlined in the report;
- That staff be directed to include in the 2023 County budget for consideration a line item to complete the 2023-2026 County strategic plan process; Background The Council of the County of Frontenac approved their current strategic plan in June
- The plan prepared by 8020 Info Inc. and involved extensive consultation with online input from more than 200 residents across the Frontenacs in addition to local consultations in public sessions with each member Township Council. Feedback received was processed by the consultants and highlights summarized and presented to County Council. The approved plan included three Strategic Priorities for the County with action objectives to assist with the implementation of those priorities that were developed and approved by Council.
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The three Strategic Priorities are: 1.
Get behind plans that build community vitality and resilience in times of growth and change: o Provide committed leadership and continuing support to the long-term regional plan to enhance broadband and cell service. o Refine and invest in efforts to accelerate economic development — to grow businesses, attract more visits and expand the tax base. o Pursue proactive planning approaches that reflect local concerns and priorities within strategic regional planning policy so as to enhance service levels, manage rising demand for new housing and deal with new types of development.
Explore new funding sources and invest wisely in critical long-term infrastructure: o To meet the needs of future capital projects, explore new sources of funding support (current and future programs), cost-sharing options and other potential economies. o Design a framework, explore options and initiate plans for development of a long-term care facility that will meet Fairmount Home’s mandate. o Develop plans within a changing legislative and service delivery landscape to provide additional facilities for Frontenac Paramedics that will effectively meet steadily growing demand for services and accommodate more paramedic training. o Finalize plans and financing to replace/construct/renovate aging County buildings now used for administration services (through a shared admin facility if possible). o Explore a collaborative upper-tier role for the County in securing potential funding and support for township maintenance of roads & bridges in a regional road system
Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach of individual mandates and jurisdictions: o Work with the townships, other municipalities and levels of government on broad infrastructure issues — ranging from environmental concerns to regional transportation strategies for residential, social and economic purposes, and access to funding
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o Play a leadership role on communications to promote shared messaging for all regional initiatives such as economic development, tourism and lifestyle opportunities, and broadband and cell services o Continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services Staff provided a mid-term status update report regarding progress on these priorities and where appropriate the priorities are included in the business plans for the departments. This mid-term report was provided to Council at the June 16, 2021 meeting, Report #2021-047. A key aspect of strategic planning for public agencies is the ability to track and report on key performance indicators (KPI). Mr. Kevin Farrell, Manager of Continuous Improvement will provide an overview of the current KPIs and the review process that was undertaken with each department. The KPIs are presented based upon a Balanced Score Card system, which includes measures relating to 4 key perspectives of the organization: •
Customer Focus: this perspective views organizations performance from the point of view of the customer(s) that the organization serves.
•
Financial Performance: this perspective views the organizations financial performance and the use of financial resources.
•
Process Improvement: this perspective views the organizational performance through the lenses of quality and efficiency related to services and key business processes.
•
Learning and Growth: also referred to as Organizational Capacity. This perspective views organizational performance through the lenses of human capital, infrastructure, technology, culture and other capacities that are key to breakthrough performance.
The balanced scorecard is used to connect the ‘big picture elements’ (e.g. mission, vision, core values and strategic focus) with the operational elements. It acts as a strategic planning and management system that can be used to: • Communicate what the organization is trying to accomplish • Align the day-to-day work with strategy • Prioritize projects, products and services • Measure and monitor progress towards strategic targets With each iteration of the strategic plan, staff will update the KPIs to ensure reporting reflects council priorities. In order to ensure that summer residents are consulted and the 2023 Council are in a position to establish a strategic plan early in their Council term it is suggested that the Recommend Report to Council Office of the CAO – Status and Timing of County Corporate Strategy June 15, 2022
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public consultation commence this summer and be brought to the new Council in January/February of 2023. The purpose of this report is to lay out a path for next steps related to corporate strategic planning and a review of operational plans. The County strategic plan should focus on existing service delivery and where service enhancement are recommended, the plan should ensure that resourcing (staff and budget) are in place. Comment Strategic planning is an important tool for municipalities in order to:
- Set direction and priorities – help ensure the proper allocation of scarce resources
- Ensure that Council is on the same page – citizens will know the priorities over the course of the term of Council
- Simplify decision making – priorities have been established and any new issues can be evaluated against these priorities
- Drive alignment – Council and staff can all be on same page and ensure that business plans reflect Council priorities
- Communicate a message – citizens can be informed and kept up to date on success
- Establish transparency and accountability – the plan will measure success and establish key performance indicators It should also look at broader service delivery issues such as establishing a time frame and philosophy for core services. These could include issues such as: • • •
• •
• • • •
Rationalization of paramedic stations with a view towards optimizing service delivery and physical foot print The future of long-term care o Expansion at current site o Services in the north of the County Future of the Economic Development Charter o Increasing tourism services o Trails management o Active transportation o Ambassador program – local business support Shared service enhancements Renewal of Service Delivery and Organizational Review (SDOR) o Staffing levels o Benchmarking o Effectiveness of continuous improvement efforts Rural transportation services Promotion of green energy Regional Community Improvement Plan(s) Rural healthcare
In order to ensure that the new Council will be able to address the County strategic plan early in their term, while also ensuring that public consultation can happen in the Recommend Report to Council Office of the CAO – Status and Timing of County Corporate Strategy June 15, 2022
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summer/ fall season, staff are recommending that this component begin in 2022. The new Council can then be provided the information, including a summary of community input and a SWOT analysis in order to launch the process with a view towards concluding the plan late spring/ early summer of 2023. By proceeding in this manner we will be able to reduce the turnaround time for the new plan by 3 to 4 months. In order to place the strategic planning process in context, the attached document, Schedule ‘A’ sets out the current framework of documents and plans. Sustainability Implications Approving a strategic plan that is supported by a public consultation process will help ensure that community priorities are establish and that scarce resources are allocated to those priorities. Financial Implications In order to ensure a non-biased outcome of the consultation process, an outside facilitator is proposed to be engaged to conduct the four (4) consultation meetings, the “new” Council review process and the subsequent public meeting as well as the two additional meetings with Council. In order to reduce costs, staff will assist the facilitator by providing support services, including logistics and cost estimates. It is estimated that these cost will be 8-10 days of consulting in 2022 and an additional 8-10 days in 2023. At a daily per diem of $1,000 (plus expenses), we expect this exercise to cost $18-22K. The 2023 portion will be brought forward during the 2023 budget process. Should Council conclude that an entirely independent study be conducted without the support of staff, it is estimated that an additional $5-10K may be required. The 2022 portion is recommended to come from the Stabilization reserve. The 2021 year-end surplus of $323,657. Staff recommended in Report 2022-064 that the surplus be allocated to the Stabilization Reserve. Organizations, Departments and Individuals Consulted and/or Affected Senior Leadership Team Kevin Farrell, Manager of Continuous Improvement
Recommend Report to Council Office of the CAO – Status and Timing of County Corporate Strategy June 15, 2022
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Schedule ‘A’ – Strategic Planning Framework
FCM, AMO, ROMA, EOWC & EOLC
5 Official Plans
3 WIGS
Rural Transportation
Shared Services Agreements
Service Delivery & Org. Review
-
CORE BUSINESS Council/Governance
-
NON CORE BUSINESS -
Healthcare
Direction for Our Future
FPS Strategic Plan
FMT Strategic Plan
Corporate Services, Planning/Economic Development, Marine Services and Emergency Management (No Strategic Plan)
5 Yr. Business Plan
5 Yr. Business Plan
5 Yr. Business Plans (7)
Economic Development Charter
Strategic Planning Documents
Budget Policy/Long Range Financial Plan Tourism Capital Asset Plan
Energy Balanced Scorecard - KPIs
Waste Mgt
LEAN – Continuous Improvement Program
SERVICE DELIVERY PARTNERSHIPS & REGIONAL ISSUES Library, Public Health, Homelessness, Ontario Works, Housing, POA Court, Aboriginal Affairs, Doctor Recruitment, Schools
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Report 2022-064 Recommend Report to Council To:
Warden and Council of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Alex Lemieux, Director of Corporate Services/Treasurer
Date of meeting:
June 15, 2022
Re:
Corporate Services – 2021 County of Frontenac Audited Financial Statements
Recommendation Resolved That the Council of the County of Frontenac receive the Corporate Services 2021 Audited Financial Statements report; And Further That the Council of the County of Frontenac approve the 2021 Audited Financial Statements of the Corporation of the County of Frontenac. And Finally That the Council of the County of Frontenac approve the transfer of the year-end surplus of $323,657 to the Stabilization Reserve. Background The County is required to prepare financial statements, comprised of a Financial Report and a Financial Information Return on an annual basis. The financial statements are required to be audited. In 2017, the County of Frontenac issued an RFP for Audit Services and Allan and Partners LLP were selected as the successful proponent for the audits from the 2018 – 2022. In 2021, the Allan and Partners office was acquired and established as a branch in Perth, Ontario through KPMG LLC. As such, KPMG LLP was appointed as the County auditors for 2021.
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Municipalities are required to present financial statements which comply with the requirements of the Public Sector Accounting Board Standards (PSAB). These standards require a presentation that reflects full accrual accounting. Comment The external auditor has concluded a review of the financial records of the County of Frontenac for 2021. The section below provides a summary of the components of the financial statements and an explanation of any significant changes from 2020 or from the budgeted amount for 2021. Consolidated Statement of Financial Position The Consolidated Statement of Financial Position provides a snapshot of the financial assets, liabilities and municipal equity of the County of Frontenac as of December 31, 2021. The Municipal Equity as of December 31, 2021 increased compared to December 31, 2020 as a result of an increase in our net financial assets. •
Cash/Investments: The balance between Cash and Investments shifted by $4.3 million as the County moved funds from its High Interest Investment Account to its bank account. As discussed in Report 2022-048, funds were withdrawn from the County’s savings account and places into the bank account since the interest paid on the bank rate exceeded that paid on the investment account in 2021. Additionally, money raised between our levy, operations for the WSIB reserve, and the allocation of Safe Restart funding to reserve resulted in a net inflow in our reserve balance and an increase in the County’s cash position of $2.4 million.
•
Accounts Receivable: The increase in accounts receivable is mostly related to timing differences on the receipt of the 4th quarter levy payment on the municipal contribution, which increased by $986,218 in 2021. The other main driver for the change in the Accounts Receivable balance is from the petition to MTO for their portion of operating costs which increased by $328,122 in 2021.
•
Accounts Payable: The decrease in account payable mostly relates to a $961,914 balance in 2020 resulting from the year-end reconciliation for 2020, which did not reoccur in 2021. Following the year-end reconciliation of expenses for Fairmount Home and Frontenac Paramedics for 2021, there was a net amount payable to the City of Kingston of $3,326. Other differences include an amount owing of $73,006 to the Township of Frontenac Islands for ferry pass revenue to operate the Township Howe Islander and other minor changes in timing between cash paid and the date invoices were received.
•
Deferred Revenue: The increases in Deferred Revenue relate to the LTC Community Paramedicine program. Funding received for the program was $2,000,000 in 2021 and funding expended on the program was $936,581. The Ministry of Long-Term Care has advised that payments for subsequent periods will be adjusted by any amounts underspent which have already been paid.
•
Deferred Revenue – Obligatory Reserve Fund: The increase in deferred revenue is driven by the special transfer from the Canada Community-Building Fund
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(formerly Federal Gas Tax fund) for $813,000. The deferred revenue has been set aside to assist with the costs of K&P Trail development in subsequent years. •
Employee Future Benefit Obligations: The change in balance is primarily resulting from a change in accounting policy and a revaluation of our WSIB plan. Previously, the County ensured that our contributions to reserve exceeded the value of our estimated future benefit costs. Going forward, we will be required to show that the expense be recognized for future claims arising from the plan in the current period and that the subsequent liability from the expense be recognized on the balance sheet. The liability resulting from future benefit costs is anticipated to continue to increase by over $800,000 per year through 2023.
•
Long-Term Liabilities: The decrease in long-term liabilities represent the principal paid on the debenture taken out to fund the construction of the Fairmount Home addition in 2002. The balance will continue to fall until September 2022 when the amount of the debenture will be fully repaid.
Consolidated Statement of Operations The Consolidated Statement of Operations shows the revenues earned by the County of Frontenac by source, as well as the expenses incurred by business unit for 2021. At an organizational level, both revenues and expenses exceeded what was budgeted in 2021, largely driven by response efforts resulting from the COVID-19 pandemic. However, while any additional expenses incurred to respond to COVID were offset by funding, many planned expenditures did not occur due to shifting priorities or a lack of resources available. As a result, the County of Frontenac incurred a surplus in 2021. Some of the major sources of the variances are explained in more detail below: Revenue Operating revenue for 2021 was $51,982,546 compared to the budgeted amount of $47,165,894 with significant discrepancies discussed in further detail below: •
Government Grants (+$4,917,859): Revenue received from the Province of Ontario was higher than expected mostly due to payments received as part of COVID-19 relief. Funds received for Safe Restart funding (+$476,277), Fairmount Home operational funding (+$1,433,077), Frontenac Paramedic operational funding (+$317,923), various provincially mandated pandemic pay premium streams (+$370,393) were all unbudgeted. Additional funding to support Infection Prevention and Control within Fairmount Home (+$86,861), as well as Testing Adherence (+$54,000) and Medication Safety (+$15,330) were also unbudgeted. The amount received for regular operations for Frontenac Paramedics exceeded budget by $226,186. Frontenac Paramedics also received additional funding to support the Integrated Health Hub (+$165,096) and Immunization Clinics (+$143,616) and the LTC Community Paramedicine program (+936,581)
•
Investment Income (+$63,817): Investment income exceeded what was budgeted. Investments locked into longer maturities and fixed returns helped offset the decrease in rates on bank deposits.
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•
Provincial Offences (-$120,063): Income through the Provincial Offences (POA) is the County of Frontenac’s share of net income through the courts administered through the City of Kingston. Net income was significantly less than anticipated as the system continues to work through the backlog caused by COVID-19. The foregone share of income was offset through the County of Frontenac’s Safe Restart Funding.
Expense Operating expense for 2021 was $49,011,958 compared to the budgeted amount of $44,910,666. COVID-19 accounted for most of the variances to budget in expense in some form. All departments saw decreases in training and travel expenses due to lockdown measures. As well, departments saw a decrease in hydro and natural gas costs due to some energy prices being lower throughout the year, although most savings were offset through higher fuel prices. Other departments with a greater focus on frontline services saw increased costs relating to PPE, staffing costs, and self-isolation measures, although these costs were for the most part offset with provincial funding. Further discussion on some of the larger variances within departments can be found below: Department General Government Protection to Persons and Property Transportation Services Social Housing Long-Term Care Social and Family Services Ambulance Services Health Services Recreation & Library Planning & Economic Development Other Total
Budget Actuals 3,206,729 3,060,130 7,552 744 1,094,862 1,294,819 657,782 612,690 14,985,890 16,192,366 1,113,579 1,006,064 19,981,182 22,996,147 801,690 801,690 886,505 898,469 1,124,212 1,053,929 1,050,683 1,094,910 44,910,666 49,011,958
Variance -146,599 -6,808 199,957 -45,092 1,206,476 -107,515 3,014,965 0 11,964 -70,283 44,227 4,101,292
•
General Government (-$146,599): The variance in expenditures for General Government primarily related to decreases in travel and conference related expenditures in 2021 resulting from COVID-19 and a move away from in-person meetings. Council and Committee expenses relating to travel were $51,542 under budget and administrative staff expenses relating to travel, training, and conferences were $51,874 under budget.
•
Transportation Services (+$199,957): Most of the costs overbudget relate to increases in costs to implement the recommendations of the Service Delivery Review for Marine Services for wages and benefits. At budget, these recommendations had not been approved by MTO, however the recommendations to change the staffing model were approved in May 2022. These increased costs were offset by additional revenue through MTO to cover their 80% share of the service, and increased pass and ticket revenue for the Frontenac Howe Islander.
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•
Social Housing (-$45,092)/ Social and Family Services (-$107,515): Social Housing and Social and Family Services were both under budget due to recoveries for reconciled expenses with the City of Kingston in 2021.
•
Long-Term Care (+$1,206,476): The overbudget amount on expenses for Fairmount Home was primarily driven by COVID-19 response. Fairmount Home was significantly over budget on salaries and benefits in 2021. Salaries relating to sick leave and overtime were $475,611 more than budgeted, although much of that was alleviated through ministry COVID-19 funding. Fairmount Home incurred $370,973 in unbudgeted Temporary Wage Enhancement premiums for Personal Support Workers which were also covered off through Ministry funding. Pandemic supply purchases were $102,496 more than what was budgeted and were also eligible to be claimed against ministry funding.
•
Paramedic Services (+$3,014,965): Salaries relating to direct wages, sick leave and overtime were more than $700,000 than budgeted. As was the case with Fairmount Home, most of the salary expenses over budget were offset through ministry COVID-19 funding or wage recoveries through other organizations. $936,581 in expenses were incurred to participate in a pilot program for Community Paramedicine with waitlisted residents for long-term care which were fully funded through the Ministry of Health and Long-Term Care. As discussed above in the Employee Future Benefit Obligation section, Frontenac Paramedics incurred an unbudgeted $1,030,506 expense in 2021 to recognize the future liability of its self-funded WSIB plan.
•
Planning and Development (-$70,283): Most of the underspend relating to Planning and Development resulted from $39,000 less than expected in claims for CIP programs. There were some other small variances in Salaries and Benefit estimates and costs relating to travel which made up the remainder of the difference.
•
Other (+$44,227): The added expenses in Other related to the disbursements for the Canada Community Building Fund (formerly Federal Gas Tax). The expense represents the amount transferred to the Townships and increased by the same amount compared to budget as the anticipated revenue with no net impact to the County.
Year-End Surplus After adjusting for the various funding streams to directly fund Frontenac Paramedics and Fairmount Home, the County of Frontenac used $195,642 in Safe Restart Funding in 2021. As discussed during budget, unused Safe Restart funding is permitted to be placed in a reserve and carried forward into 2022. The funding has been used to continue to support the added resources required for service delivery in 2022 with commitments from other envelopes for ongoing COVID-19 funding decreasing at this time. After accounting for the budgeted transfers and allocations to reserves, the County had a year-end surplus of $323,657. The final year-end surplus was transferred to the Recommend Report Corporate Services – 2021 County of Frontenac Audited Financial Statements June 15, 2022
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Stabilization Reserve to finalize the financial statements; however, Council will be provided with a recommendation with where to allocate the surplus. For guidance, the budget policy states that staff will recommend that a transfer of the unallocated surplus be allocated to the following reserves in the following order:
- Transferred to the levy stabilization reserve where the reserve balance is below the target;
- Transferred to the capital replacement reserve where the reserve is below the target level;
- Transferred to another reserve that is that is below the target level;
- Transferred to the capital replacement reserve with the intent of reducing future borrowing;
- A levy in a future year(s) below the levy target Staff are recommending that the surplus be transferred to the stabilization reserve. In 2022, Council has committed an estimated $203,437 to be drawn from the Stabilization Reserve which would bring the reserve under the target of being 15% of the municipal levy. During the 2022 budget process, council expressed that they would like greater flexibility to draw from reserves to fund unforeseen or non-recurring projects. Transferring the annual surplus to the Stabilization Reserve would allow for the 2022 expenses to be covered with an additional margin available to be transferred for additional projects in 2023 and beyond. The Capital Replacement Reserve is underfunded for our future commitments and transferring the year-end surplus would assist in increase that reserve balance. However, transferring the year end surplus would not materially impact the level to which that reserve is underfunded or reduce the amount of the annual increases required to bring that reserve to an adequate funding level. Sustainability Implications Audited financial statements are significant to ensure accountability and transparency to citizens, and to assist municipalities with long-term and strategic planning. Financial statements are an important tool for municipal council and administration to use to report to the taxpayers on the municipal services provided with the resources at their disposal. Organizations, Departments and Individuals Consulted and/or Affected Senior Leadership Team KPMG LLC
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Financial Statements of
CORPORATION OF THE COUNTY OF FRONTENAC Year ended December 31, 2021
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CORPORATION OF THE COUNTY OF FRONTENAC Table of Contents Year ended December 31, 2020
Page Management’s Responsibility for the Financial Statements Independent Auditors’ Report Financial Statements: Statement of Financial Position Statement of Operations Statement of Change in Net Financial Assets Statement of Cash Flows Notes to Financial Statements
1 2 3 4 5
TRUST FUNDS Independent Auditors’ Report Statement of Financial Position Statement of Financial Activities Note to Financial Statements
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21 24 25 26
Management’s Responsibility for the Financial Statements The accompanying financial statements of the Corporation of the County of Frontenac (the “County”) are the responsibility of the County’s management and have been prepared in compliance with legislation, and in accordance with Canadian public sector accounting standards. A summary of the significant accounting policies are described in note 1 to the financial statements. The preparation of financial statements necessarily involves the use of estimates based on management’s judgment, particularly when transactions affecting the current accounting period cannot be finalized with certainty until future periods. The County’s management maintains a system of internal controls designed to provide reasonable assurance that assets are safeguarded, transactions are properly authorized and recorded in compliance with legislative and regulatory requirements, and reliable financial information is available on a timely basis for preparation of the financial statements. These systems are monitored and evaluated by management. The Council meets with management and the external auditors to review the financial statements and discuss any significant financial reporting or internal control matters prior to their approval of the financial statements. The financial statements have been audited by KPMG LLP, independent external auditors appointed by the County. The accompanying Independent Auditors’ Report outlines their responsibilities, the scope of their examination and their opinion on the County’s financial statements.
Kelly Pender Chief Administrative Officer
Alex Lemieux Director of Corporate Services/Treasurer
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INDEPENDENT AUDITORS’ REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the County of Frontenac
Opinion We have audited the financial statements of the Corporation of the County of Frontenac (the Entity), which comprise: •
the statement of financial position as at December 31, 2021
•
the statement of operations for the year then ended
•
the statement of changes in net financial assets for the year then ended
•
the statement of cash flows for the year then ended
•
and notes to the financial statements, including a summary of significant accounting policies
(Hereinafter referred to as the “financial statements”). In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the Entity as at December 31, 2021, and its results of operations, its changes in net financial assets, and its cash flows for the year then ended in accordance with Canadian public sector accounting standards.
Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the “Auditors’ Responsibilities for the Audit of the Financial Statements” section of our auditors’ report. We are independent of the Entity in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
Other Matter - Comparative Information The financial statements for the year ended December 31, 2020 were audited by another auditor who expressed an unmodified opinion on those financial statements on April 21, 2021.
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Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with Canadian public sector accounting standards and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is responsible for assessing the Entity’s ability to continue as a going concern, disclosing as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Entity or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Entity’s financial reporting process.
Auditors’ Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also:
Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Entity’s internal control.
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Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management.
Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Entity’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditors’ report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditors’ report. However, future events or conditions may cause the Entity to cease to continue as a going concern.
Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation.
Communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.
Chartered Professional Accountants, Licensed Public Accountants Perth, Canada (date)
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CORPORATION OF THE COUNTY OF FRONTENAC Statement of Financial Position December 31, 2021, with comparative information for 2020 2021
2020
$ 19,592,114 4,587,223 3,832,427 28,011,764
$ 12,786,929 8,839,504 2,620,717 24,247,150
4,587,203 1,693,500 1,244,189 1,456,913 1,114,042 10,095,847
5,670,731 635,060 445,554 370,031 2,522,199 9,643,575
Net financial assets
17,915,917
14,603,575
Non-financial assets: Tangible capital assets (note 14) Inventories Prepaid expenses Total non-financial assets
22,519,100 361,765 232,218 23,113,083
22,821,397 377,135 256,305 23,454,837
$ 41,029,000
$ 38,058,412
Financial assets: Cash Investments (note 3) Accounts receivable Liabilities: Accounts payable and accrued liabilities Deferred revenue Deferred revenue - obligatory reserve fund (note 4) Employee future benefit obligations (note 5) Long-term liabilities (note 6)
Contingent liabilities (note 10) Commitments (note 12) Accumulated municipal equity (note 7)
The accompanying notes are an integral part of these financial statements.
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CORPORATION OF THE COUNTY OF FRONTENAC Statement of Operations Year ended December 31, 2021, with comparative information for 2020 Budget (note 16)
2021
2020
Revenue: Government grants Taxation from other governments Revenue from municipalities User charges Other Deferred revenues earned (note 4) Investment income Provincial offences fines penalties Total revenue
$ 17,586,120 11,089,239 12,751,183 3,596,167 1,037,426 851,884 120,000 133,875 47,165,894
$ 22,503,979 11,103,208 12,751,397 3,421,309 1,132,216 872,808 183,817 13,812 51,982,546
$ 20,675,545 10,855,470 10,886,622 3,436,036 1,047,077 1,289,398 212,231 21,138 48,423,517
Expenses (note 15): Paramedic services Long-term care General government Transportation services Other Social and family services Planning and development Libraries Health services Social housing Protection to persons and property Total expenses
19,981,182 14,985,890 3,206,729 1,094,862 1,050,683 1,113,579 1,124,212 886,505 801,690 657,782 7,552 44,910,666
22,996,147 16,192,366 3,060,130 1,294,819 1,094,910 1,006,064 1,053,929 898,469 801,690 612,690 744 49,011,958
19,606,806 15,368,869 3,122,503 1,161,787 1,155,216 887,455 993,520 874,313 785,970 507,507 721 44,464,667
Annual surplus
2,255,228
2,970,588
3,958,850
Accumulated municipal equity, beginning of year
38,058,412
38,058,412
34,099,562
Accumulated municipal equity, end of year (note 7)
$ 40,313,640
$ 41,029,000
$ 38,058,412
The accompanying notes are an integral part of these financial statements.
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CORPORATION OF THE COUNTY OF FRONTENAC Statement of Change in Net Financial Assets Year ended December 31, 2021, with comparative information for 2020 Budget (note 16) Annual surplus
$
2,255,228
2021
$
2,970,588
2020
$
3,958,850
Acquisition of capital assets Amortization of capital assets Loss (gain) on sale of capital assets Proceeds on sale of capital assets Acquisition of inventories Acquisition of prepaid expenses Consumption of inventories Consumption of prepaid expenses
(1,869,879) 1,202,616 – – – – – – (667,263)
(1,507,305) 1,792,024 14,391 3,187 (361,765) (232,218) 377,135 256,305 341,754
(1,331,310) 1,742,193 (23,708) 50,353 (377,135) (256,305) 180,952 134,111 119,151
Change in net financial assets
1,587,965
3,312,342
4,078,001
Net financial assets, beginning of year
14,603,575
14,603,575
10,525,574
$ 16,191,540
$ 17,915,917
$ 14,603,575
Net financial assets, end of year
The accompanying notes are an integral part of these financial statements.
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CORPORATION OF THE COUNTY OF FRONTENAC Statement of Cash Flows Year ended December 31, 2021 with comparative information for 2020 2021
2020
Cash provided by (used in): Operating activities: Annual surplus Items not involving cash: Amortization of tangible capital assets Loss (gain) on disposal of capital assets Change in employee future benefits Change in non-cash assets and liabilities: Accounts receivable Accounts payable and accrued liabilities Deferred revenue Deferred revenue - obligatory reserve fund Inventories Prepaid expenses Net change in cash from operations
$
2,970,588
$
3,958,850
1,792,024 14,391 1,086,882
1,742,193 (23,708) 20,821
(1,211,710) (1,083,528) 1,058,440 798,635 15,370 24,087 5,465,179
185,780 1,791,609 343,796 (462,204) (196,183) 72,681 7,433,635
Capital activities: Acquisition of tangible capital assets Proceeds on disposal of capital assets Net change in cash from capital activities
(1,507,305) 3,187 (1,504,118)
(1,331,310) 50,353 (1,280,957)
Investing activities: Decrease (increase) in investments
4,252,281
(638,695)
Financing activities: Repayment of long-term debt
(1,408,157)
(1,324,693)
Increase in cash
6,805,185
4,189,290
Cash, beginning of year
12,786,929
8,597,639
$ 19,592,114
$ 12,786,929
Cash and cash equivalents, end of year
The accompanying notes are an integral part of these financial statements.
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements Year ended December 31, 2021
-
Status of the County of Frontenac: The County of Frontenac (the ‘County’) was incorporated in 1865 and assumed its responsibilities under the authority of the Provincial Secretary. The County operates as an upper tier government in the County of Frontenac, in the Province of Ontario, Canada and provides municipal services such as emergency measures, public health services, ambulance services, social and family assistance, planning and development and other general government operations.
-
Significant accounting policies: The financial statements of the Corporation of the County of Frontenac (the “County”) are prepared by management in accordance with Canadian public sector accounting standards. Significant aspects of the accounting policies adopted by the County are as follows: (a) Non-consolidated entities: Kingston, Frontenac and Lennox and Addington Public Health is not consolidated and only the contributions by the County are reported on the Statement of Operations. The Kingston-Frontenac Public Library Board is not consolidated and only the contributions by the County are reported on the Statement of Operations. (b) Basis of accounting (i) The financial statements are prepared using the accrual basis of accounting. The accrual basis of accounting records revenue as it is earned and measurable. Expenses are recognized as they are incurred and measurable based on receipt of goods and services and/or the creation of a legal obligation to pay. (ii) Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year, and are not intended for sale in the ordinary course of operations. The change in nonfinancial assets during the year, together with the annual surplus, provides the change in net financial assets for the year. (iii) Trust funds and their related operations administered by the County are not included in these financial statements but are reported separately on the Trust Funds Statement of Financial Activities and Financial Position.
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements Year ended December 31, 2021
- Significant accounting policies (continued): (c) Taxation and related revenues: Property tax billings are prepared by the County based on assessment rolls issued by the Municipal Property Assessment Corporation (MPAC). Tax rates are established by the County Council, incorporating amounts to be raised for local services, amounts to be raised on behalf of the Township of Frontenac Islands, Township of South Frontenac, Township of Central Frontenac and Township of North Frontenac for regional services, and amounts the County is required to collect on behalf of the Province of Ontario in respect of education taxes. Taxation revenues are recorded at the time tax billings are issued. Adjustments to taxation revenues can occur during the year related to the issuance of supplementary tax billings and/or assessment appeals. These adjustments are recorded when the amount of the adjustments can be quantified. The County is entitled to collect interest and penalties on overdue taxes. These revenues are recorded in the period in which the interest and penalties are applied. (d) Tangible capital assets: Tangible capital assets are recorded at cost which includes amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The cost, less residual value, of the tangible capital assets, excluding land and landfill sites, are amortized on a straight-line basis over their estimated useful lives as follows: Asset Land Land improvements Buildings Vehicles Machinery and equipment Bridges Work-in-progress
Useful Life - Years
10 to 30 10 to 50 4.5 to 10 3 to 30 16 to 50
Amortization is charged for the months in use. Assets under construction are not amortized until the asset is available for productive use, at which time they are capitalized. Tangible capital assets received as contributions are recorded at their fair value at the date of receipt, and that fair value is also recorded as revenue. When tangible capital assets are disposed of, either by way of a sale, destruction or loss, or abandonment of the asset, the asset’s net book value, historical cost less accumulated amortization, is written off. Any resulting gain or loss, equal to the proceeds on disposal less the asset’s net book value, is reported on the Statement of Operations in the year of disposal.
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Significant Accounting Policies (continued): (d) Tangible capital assets (continued): When conditions indicate that a tangible capital asset no longer contributes to the County’s ability to provide services or the value of the future economic benefits associated with the tangible capital asset are less than its net book value, and the decline is expected to be permanent, the cost and accumulated amortization of the asset are reduced to reflect the revised estimate of the value of the asset’s remaining service potential. The resulting net adjustment is reported as an expense on the Statement of Operations. (e) Leases: Leases are classified as capital or operating leases. Leases which transfer substantially all of the benefits and risks incidental to ownership of property are accounted for as capital leases. All other leases are accounted for as operating leases and the related lease payments are charged to expenses as incurred. (f) Inventories and prepaid expenses: Inventories and prepaid expenses held for consumption are recorded at the lower of cost or replacement cost. (g) Workplace safety and insurance liabilities: The County bears the cost of certain insurance and pension benefits awarded under Workplace Safety and Insurance legislation and has accrued the actuarially determined cost of these obligations. Actuarial gains (losses), which can arise from changes in actuarial assumptions, will be amortized over the expected average remaining service life of the related employee groups. (h) Pension and employee benefits The County accounts for its participation in the Ontario Municipal Employees Retirement System (‘OMERS’), a multi-employer public sector pension fund, as a defined benefit plan. The OMERS plan specifies the retirement benefits to be received by employees based on length of service and pay rates. (i) Employee future benefits The County provides extended healthcare, dental and life insurance benefits, as well as a retirement program to eligible employees. The cost of these future benefits earned by employees is actuarially determined using management’s best estimate of expected health care costs and retirement ages. Actuarial gains (losses), which can arise from changes in actuarial assumptions, will be amortized over the expected average remaining service life of the related employee groups.
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Significant accounting policies (continued): (j) Cash and cash equivalents The County considers cash and cash equivalents to be highly liquid investments with original maturities of three months or less. (k) Government transfers: Government transfers are recognized in the financial statements as revenues in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made except when and to the extent that stipulations by the transferor give rise to an obligation that meets the definition of a liability. Government transfers that give rise to a liability are recognized as revenue as the liability is extinguished. (l) Deferred revenues: The County defers recognition of user charges and fees which have been collected but for which the related services have yet to be performed. Government transfers of gas taxes, are reported as deferred revenues in the Statement of Financial Position. These amounts will be recognized as revenues in the fiscal year the services are performed. The County receives restricted contributions under the authority of Federal and Provincial legislation and County by-laws. These funds by their nature are restricted in their use and until applied to applicable costs are recorded as deferred revenue. Amounts applied to qualifying expenses are recorded as revenue in the fiscal period they are expended. Deferred revenue represents certain user charges and fees which have been collected but for which the related services have yet to be performed. Deferred revenue also represents contributions that the County has received pursuant to legislation, regulation or agreement that may only be used for certain programs or in the completion of specific work. These amounts are recognized as revenue in the fiscal year the services are performed or related expenses incurred. (m) Investments: Short-term and long-term investments are recorded at cost plus accrual interest. If the market value of investments become lower than cost and the decline in value is considered to be other than temporary, the investments are written down to market value. Investment income earned on available current funds and reserve funds (other than obligatory funds) are reported as revenue in the period earned. Investment income earned on obligatory reserve funds is added to the fund balance and forms part of the respective deferred revenue balance.
8
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
-
Significant accounting policies (continued): (n) Use of estimates: The preparation of financial statements requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenditures during the period. Actual results could differ from these estimates.
-
Investments: Investments reported on the Statement of Financial Position have cost and market values as follows:
Canadian equity, bonds and guaranteed investment certificates
2021 Cost
2021 Market Value
$ 4,587,223
$ 4,591,416
2020 Cost Canadian equity, bonds and guaranteed investment certificates
$ 8,839,504
2020 Market Value $ 8,929,481
- Deferred revenues: A requirement of public sector accounting standards of the Chartered Professional Accountants of Canada is that obligatory reserve funds be reported as deferred revenues. This requirement is in place as Provincial legislation restricts how these funds may be used and under certain circumstances these funds may possibly be refunded. The transactions for the year are summarized as follows: 2021
2020
Federal gas tax, January 1, 2021 Federal grant, gasoline tax Investment income Utilization of funds
$
445,554 1,659,412 12,031 (872,808)
$
907,758 809,280 17,914 (1,289,398)
Federal gas tax, December 31, 2021
$ 1,244,189
$
445,554
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Employee future benefits: (a) The County provides extended health care and dental to employees who meet specific criteria within the Fairmount Home and Paramedic Services. Extended health care and dental benefits continue to be available to early retirees at 100% of their cost up to the age of 60, then between the age of 60 and 65, the retiree will generally be responsible for paying 50% of the benefit premiums. An independent actuarial valuation of the future benefits with respect to the post-retirement benefits continuation program has been undertaken to be effective December 31, 2021. The most recent valuation of future benefits with respect to the post-retirement benefits as of December 31, 2021 resulted in an actuarial loss of $56,147 to be amortized on a straight-line basis over the expected average remaining benefit lifetime of the related employee groups, which is estimated to be between fourteen to seventeen years (2020 - fourteen to seventeen years). The significant actuarial assumptions adopted in estimating the County’s accrued benefit obligation are as follows:
Interest discount rate Medical rate of inflation Dental rate of inflation Retirement rate
3.25% per annum Escalate at 5.4166% for 2023 vs. 2022 reducing by 0.333% per year to 3.75% per year in 2028 vs 2027 3.75% per annum 25% at first unreduced early Retirement age and 10% thereafter 2021
Accrued post-retirement benefit obligation at January 1 $ Benefit cost for the year Increase due to plan amendment Interest cost Expected benefit payments Actuarial loss Accrued post-retirement benefit obligation at December 31
380,137 19,886 36,472 15,297 (15,312) 56,147 492,627
Unamortized actuarial loss
(66,220)
Accrued post-retirement benefit liability at December 31
$
426,407
2020 $
359,350 18,747 – 14,500 (12,460) – 380,137 (10,106)
$
370,031
10
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Employee future benefits (continued): (a) (continued): Information with respect to the County’s post-retirement unamortized loss is as follows: 2020
2021 Remaining unamortized loss at January 1 Actuarial loss Amortization during the year
$
(10,106) (56,147) 33
$
(10,139) – 33
Remaining unamortized loss at December 31
$
(66,220)
$
(10,106)
(b) Workplace Safety and Insurance Board (WSIB) liabilities: In common with other Schedule 2 employers, the County funds its obligations to the Workplace Safety and Insurance Board on a self-funded basis for employees under Schedule 2. An independent actuarial valuation of Workplace Safety and Insurance liabilities as at December 31, 2020 for future payments on Workplace Safety and Insurance Board claims occurring on or before December 31, 2020 has been undertaken. The next valuation will be effective December 31, 2023. The most recent actuarial valuation of Workplace Safety and Insurance liabilities resulted in an actuarial loss of $2,001,836 to be amortized on a straightline basis over the expected average remaining benefit lifetime of the related employee groups, which is estimated to be ten years (2020 - ten years). The significant actuarial assumptions adopted in estimating the County’s Workplace Safety and Insurance Board accrued benefit obligation are as follows:
Interest discount rate Loss of earnings Administration costs
2.75% per annum 0.25% per annum 27.0% of benefit costs
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Employee future benefits (continued): (b) Workplace Safety and Insurance Board (WSIB) liabilities (continued): Information with respect to the County’s Workplace Safety and Insurance Board accrued benefit liability is as follows: 2021 Accrued WSIB benefit obligation at January 1 Benefit cost for the year Interest cost Expected benefit payments Accrued WSIB benefit obligation at December 31
$
Unamortized actuarial loss Accrued WSIB liability at December 31
2,273,047 899,737 69,244 (409,870) 2,832,158
2020 $
– – – – –
(1,801,652) $
1,030,506
– $
–
Information with respect to the County’s Workplace Safety and Insurance Board unamortized loss is as follows: 2021
2020
Remaining unamortized loss at January 1 Amortization during the year
$ (2,001,836) 200,184
$
– –
Remaining unamortized loss at December 31
$ (1,801,652)
$
–
In 2020, the WSIB liabilities of $338,243 were not recorded in the County’s financial statements in error. In 2021, the accumulated liability has been recorded in the County’s Statement of Operations as the portion of the liability related to prior periods in not material.
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Long term liabilities (a) The balance of long term liabilities reported on the Statement of Financial Position is comprised of the following:
Debenture issue
2021
2020
$ 1,114,042
$ 2,522,199
A debenture was issued on September 12, 2002 maturing September 12, 2022, to finance a building project at Fairmount Home for the Aged. The debenture has an interest rate of 6.157% with principal repayments commencing on September 12, 2003. Debt repayment costs will be recovered from future revenue. The City of Kingston’s share of the debt repayment was established through a Mediated Settlement dated August 7, 2002 and is based on 50% of the repayments related to the 32 new beds and 74% of the repayments related to the 96 existing beds. (b) Principal payments fall due as follows: General revenues 2022
$ 1,114,042
(c) Interest expense on long term liabilities in 2021 amounted to $121,410 (2020 - $202,352). (d) These payments are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing.
- Municipal equity:
Investment in tangible capital assets Tangible capital assets Long term liabilities
$
Unfunded future employee liabilities Reserves (Schedule 1) Reserve funds (Schedule 2) Total municipal equity
$
2021
2020
22,519,100 (1,114,042) 21,405,058
$ 22,821,397 (2,522,199) 20,299,198
(118,463) 18,775,476 966,929
(103,589) 16,790,549 1,072,254
41,029,000
$ 38,058,412
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
-
Pension contributions: The County makes contributions to the Ontario Municipal Employees Retirement System (“OMERS”), which is a multi-employer plan, on behalf of all permanent members of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. Employers and employees contribute to the plan. Since any surpluses or deficits are a joint responsibility of all Ontario municipalities and their employees, the County does not recognize any share of the OMERS pension surplus or deficit in these financial statements. The last available report for the OMERS plan was December 31, 2021. At that time, the plan reported a $3.1 billion actuarial deficit (2020 - $3.2 billion actuarial deficit). The amount contributed to OMERS was $1,884,107 (2020 - $1,794,638) for current services and is included as an expenditure on the Statement of Operations classified under the appropriate functional expenditure.
-
Trust funds: Trust funds administered by the County amounting to $10,654 (2020 - $11,999) are presented in a separate financial statement of trust fund balances and operations. As such balances are held in trust by the County for the benefit of others, they are not presented as part of the County’s financial position or financial activities.
-
Contingent liabilities: (a) The County is contingently liable for its share of any operating deficit of the KingstonFrontenac Public Library Board, which is approximately 13% of the accumulated balance as at the end of the year for the Board. The County’s share of the accumulated operating surplus is $Nil (2020 - $74,758). (b) The nature of the County’s activities is such that there may be litigation pending or in prospect at any time. With respect to claims at December 31, 2021, management believes that the County has valid defences and appropriate insurance coverages in place. In the event any claims are successful, management believes that such claims are not expected to have a material effect on the County’s financial position.
-
Contributions to joint boards (a) The assets and liabilities of the Kingston-Frontenac Public Library Board have not been consolidated. The County contributions to the Library Board for 2021 are $898,469 (2020 $874,313) and are reported on the Statement of Operations. (b) The assets and liabilities of the Kingston-Frontenac and Lennox and Addington Health Board have not been consolidated. The County made the following contributions to the Kingston, Frontenac and Lennox and Addington Health Board for 2021 of $801,690 (2020 - $785,970). 14
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Commitments (a) In 2018, the County pledged $55,061 annually for 10 years to the University Hospitals Kingston Foundation, a joint fund raising appeal undertaken by the Foundation on behalf of local hospitals. The County has recognized $220,244 for four of ten payments, as of December 31, 2021 (2020 - $165,183). (b) In 2012, the Kingston Frontenac Housing Corporation entered into an agreement with the City of Kingston to pay $12,500 per year beginning in 2012 to provide for a new septic system at the social housing site in Verona. Through the cost sharing agreement with the City of Kingston the County of Frontenac is obligated for 100% of the costs of the social housing units in the County, including this annual repayment.
- Cost sharing allocations: The Local Service Realignment sets out formulae under which the costs for Social Services, Child Care, Social Housing, Provincial Offences and Land Ambulance are shared between the County of Frontenac and the City of Kingston. A new cost sharing arrangement was derived for the period of 2004 to 2006 through an arbitrated settlement and continued on a year to year basis. Program costs for Social Services and Child Care are distributed on the basis of caseload and Social Housing costs are allocated by the location of the unit. The administrative costs for these services are allocated on the basis of weighted assessment. The cost of Land Ambulance and the net revenue of Provincial Offences are distributed on the basis of weighted assessment.
- Tangible capital assets:
Cost
Balance at December 31, 2020
Transfers and Additions
Transfers, Disposals and Adjustments
Balance at December 31, 2021
Land Land improvements Buildings Vehicles Machinery and equipment Bridges Work-in-progress
$
1,031,465 4,081,334 22,337,370 3,092,914 7,145,329 847,971 20,550
$
– 156,510 – 616,472 431,566 15,396 287,361
$
– – – 274,610 517,267 – –
$
1,031,465 4,237,844 22,337,370 3,434,776 7,059,628 863,367 307,911
Total
$ 38,556,933
$
1,507,305
$
791,877
$ 39,272,361
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Tangible capital assets (continued): Balance at December 31, 2020
Amortization expense
Transfers, Disposals and Adjustments
Balance at December 31, 2021
Land Land improvements Buildings Vehicles Machinery and equipment Bridges Work-in-progress
$
– 1,332,138 7,705,818 1,801,156 4,803,651 92,773 –
$
– 261,436 478,647 487,466 548,948 15,527 –
$
– – – 258,610 515,689 – –
$
Total
$ 15,735,536
$
1,792,024
$
774,299
$ 16,753,261
Accumulated amortization
Net book value December 31, 2021
Net book value December 31, 2020 Land Land improvements Buildings Vehicles Machinery and equipment Bridges Work-in-progress Total
$
1,031,465 2,749,196 14,631,552 1,291,758 2,341,678 755,198 20,550 $ 22,821,397
– 1,593,574 8,184,465 2,030,012 4,836,910 108,300 –
$
1,031,465 2,644,270 14,152,905 1,404,764 2,222,718 755,067 307,911 $ 22,519,100
- Segmented Information The County is a diversified municipal government that provides a wide range of services to its citizens. The services are provided by departments and their activities are reported in the statement of operations. Departments have been separately disclosed in the segmented information, along with the service they provide, as set out in the schedule below. For each reported segment, expenses represent both amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. Therefore, certain allocation methodologies are employed in the preparation of segmented financial information. The accounting policies used in these segments are consistent with those followed in the preparation of the financial statements as disclosed in note 2.
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Segmented Information (continued): 2021 General Government Operating Revenue Taxation from Other Governments User Charges Government Grants Provincial Government Grants Other Municipalities Government Grants Federal Deferred Revenue Provincial Offences Net Revenue Investment Income Other Total Operating Revenue Operating Expenses Salaries & Benefits Materials Contracted Services Rents & Financing External Transfers Other Amortization Total Operating Expenses Net Revenue (Expenses)
$ 11,103,208 53,669 494,185 13,812 179,994 511,137 12,356,005
Protection to Persons & Transportation Property Services
$
1,524,936 160,602 987,868 7,939 378,789 3,060,134 $ 9,295,871
$
$
325,320 1,051,763 41 1,377,124
95 649 744
1,129,301 63,603 91,295 10,620 1,294,819
(744) $
82,305
Social Housing
$
$
Social & Family Serivces
Long-Term Care
$
3,017,198 9,344,044 3,189,906 119,274 15,670,422
612,690 612,690
12,551,578 1,387,187 1,527,935 121,410 1,573 602,678 16,192,361
(612,690) $
$
Health Services
$
Paramedic Services
21,072 11,625,343 9,395,821 3,823 298,361 21,344,420
1,006,064 1,006,064
801,690 801,690
18,639,465 1,450,781 1,884,462 213,516 12,813 795,110 22,996,147
(521,939) $ (1,006,064) $
$
Planning & Development
Libraries
$
(801,690) $ (1,651,727) $
$
4,050 82,808 71,506 26,396 203,403 388,163
898,469 898,469 (898,469) $
Other
$
Total
846,412 846,412
$ 11,103,208 3,421,309 22,598,143 12,585,727 71,506 872,808 13,812 183,817 1,132,216 51,982,546
733,603 46,823 268,677 4,827 1,053,930
1,094,910 1,094,910
34,578,883 3,109,091 8,079,799 342,865 1,094,910 14,386 1,792,024 49,011,958
(665,767) $
(248,498) $ 2,970,588
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Segmented Information (continued):
2020 General Government Operating Revenue Taxation from Other Governments User Charges Government Grants Provincial Government Grants Other Municipalities Deferred Revenue Provincial Offences Net Revenue Investment Income Other Total Operating Revenue
$ 10,855,470 53,669 1,196,586 21,138 208,379 478,318 12,813,560
Operating Expenses Salaries & Benefits Materials Contracted Services Rents & Financing External Transfers Other Amortization Total Operating Expenses
1,427,541 167,440 1,190,226 7,008 330,288 3,122,503
Net Revenue (Expenses)
$ 9,691,057
Protection to Persons & Transportation Property Services
$
$
$
183,303 874,224 97 1,057,624
Social Housing
$
Social & Family Services
Long-Term Care
$
326 395 721
1,001,092 42,209 109,220 9,266 1,161,787
507,507 507,507
(721) $
(104,163) $
(507,507) $
3,167,347 7,968,947 3,311,094 135,135 123,800 14,706,323
$
11,933,740 1,333,463 1,307,748 204,915 2,645 586,358 15,368,869 (662,546) $
Health Services
$
Paramedic Services
$
24,517 10,364,477 7,440,393 3,852 308,804 18,142,043
Planning & Development
Libraries
$
887,455 887,455
785,970 785,970
16,056,205 986,236 1,568,426 212,507 (26,353) 809,785 19,606,806
(887,455) $
(785,970) $ (1,464,763) $
$
7,200 271,311 480,118 136,058 894,687
Other
$
Total
809,280 809,280
$ 10,855,470 3,436,036 20,675,545 10,751,487 1,424,533 21,138 212,231 1,047,077 48,423,517
31,100,988 2,579,848 7,485,700 424,430 1,155,216 (23,708) 1,742,193 44,464,667
874,313 874,313
682,410 50,174 254,440 6,496 993,520
1,155,216 1,155,216
(874,313) $
(98,833) $
(345,936) $ 3,958,850
18
CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Budget figures: The 2021 budget amounts that were approved were not prepared on a basis consistent with that used to report actual results (Public Sector Accounting Board Standards). The budget included capital items such as infrastructure replacements and estimated costs for constructed assets, as program expenses, but the actual expenses have been removed in the Statement of Operations. The revenues attributable to these items continue to be included in the Statement of Operations, resulting in a significant variance. The following analysis is provided to assist readers in their understanding of differences between the approved budget and the audited financial statements: Budget Total revenues Total expenses
$ 47,165,894 44,910,666 2,255,228
Amortization
1,869,879
Funds available
4,125,107
Capital expenditures Disposal of tangible capital assets Principal repayments Unfunded expense
(1,202,616) – (1,232,957) –
Increase in operating surplus
$
1,689,534
Allocated as follows: Net transfers from reserves
$
1,689,534
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
- Impact of COVID-19 On March 11, 2020, the World Health Organization characterized the outbreak of a strain of the novel coronavirus (‘COVID-19’) as a pandemic. This resulted in governments worldwide, including the Canadian, Ontario and municipal governments, enacting emergency measures to combat the spread of the virus. The pandemic has had significant operational and financial impacts including service reductions, declines in associated user fee revenues and additional costs. While impacts have been mitigated by associated funding and other cost saving measures, the pandemic has created uncertainty over current and future year operations and the financial position of the Municipality. The duration and impact of COVID-19 are still unknown. It is not possible to reliably estimate the impact that the length and severity of these developments will have on the financial results and conditions of the Municipality in future periods. The Municipality continues to closely monitor and assess the impact on its operations. It is management’s assessment that the Municipality will have sufficient resources to mitigate the potential losses in 2022 due to COVID-19. The County of Frontenac was provided $97,115 in one-time funding during the 2021 calendar year to support paramedic services and dispatch centres as part of the COVID-19 response in the emergency health services sector from January to March 2021. The County of Frontenac incurred $52,609 in eligible expenses and the remaining $44,506 was transferred to a liability as it is payable to the Ministry of Health. In February 2022, the County received a funding commitment of $348,047 from the Ministry of Health to support paramedic services and dispatch centres as part of the COVID-19 response for additional expenses incurred in 2021. The County of Frontenac incurred $263,514 in eligible expenses and recognized that portion of revenue in 2021 with the offset as an increase to accounts receivable. In 2021, the County has received COVID-19 Prevention and Containment Funding Allocations from the Ministry of Long-Term Care totaling $1,583,900. These funds were aimed at protecting the health and well-being of residents and staff in long term care homes to prevent and contain the spread of COVID-19. These funds were fully utilized during the year to offset additional pandemic related supplies and equipment purchases and staffing challenges related to the pandemic. The County also received $54,000 in 2021 from The Ministry of Long-Term Care to ensure adherence to critical testing and screenings requirements in long term care homes. These funds were fully utilized during the year to cover the incremental costs associated with testing & screening at Fairmount Home.
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CORPORATION OF THE COUNTY OF FRONTENAC Notes to Financial Statements (continued) Year ended December 31, 2021
-
Impact of COVID-19 (continued): The Ministry of Long-Term Care has committed to provide the County with $33,648 as part of the Medication Safety Technology Program. In 2021, Fairmount Home received $25,226 of this funding and the balance will be received by March 2022. This funding is to support LTC Homes in completing medication safety technology implementation or upgrades and improvements directly linked to improved medication safety technology implementation for the safety of their residents, staff and families. The County used $15,340 of this funding during the year and have deferred the remaining $9,896. On December 30, 2020, the County received $238,000 to address operating pressures related to COVID-19 in 2021. This funding was recognized as deferred revenue in 2020 and recognized as revenue in 2021. In 2021, the County received an additional $238,277 in funds from the Ontario government as part of the Safe Restart Agreement. The funds are to be used by municipalities to help manage the financial impacts of COVID-19. The funding stipulates that all funds not used by December 31, 2021 must be transferred to a reserve account. The County utilized $195,642 of Safe Restart funding in 2021. At year end the County has $1,332,619 in its Safe Restart Reserve included in Accumulated Municipal Equity. In 2021, the County received funding of $82,512 from the Ministry of Long-Term Care for eligible IPAC minor capital purchases. The stipulation on this funding applicable to homes that do not have air conditioning serving all common areas and resident rooms, is that it can only be used toward purchasing, installing, upgrading or repairing air conditioning. Only when common areas and resident rooms in the home are served by air conditioning may funding under the IPAC minor capital program be used for other eligible IPAC minor capital expenditures. At year end, these funds have been moved to deferred revenue to address planned air conditioning improvements in
-
Comparative information: Certain comparative information has been reclassified to conform to the financial statement presentation adopted in the current year.
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CORPORATION OF THE COUNTY OF FRONTENAC Schedule 1 – Continuity of Reserves and Reserve Funds Year ended December 31, 2021 Budget (note 16) Revenue: Investment income Net transfers from/to other funds: Transfers from operations Transfers to capital acquisitions
$
–
2021
$
47,242
2020
$
85,685
1,085,849 603,685 1,689,534
984,409 847,951 1,832,360
1,334,323 1,693,001 3,027,324
Balances, change in year
1,689,534
1,879,602
3,085,634
Balances, beginning of year
17,862,803
17,862,803
14,777,169
$ 19,552,337
$ 19,742,405
$ 17,862,803
Reserves and reserve fund balances, end of year
22
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CORPORATION OF THE COUNTY OF FRONTENAC Schedule 2 – Composition of Reserves and Reserve Funds Year ended December 31, 2021 2021 Reserves set aside for specific purposes by Council: Operating: County of Frontenac - working fund
- operating
- WSIB Frontenac Paramedic Service - Severance
- WSIB Fairmount Home - operating
- severance Sustainability Community development reserve Safe Restart Asset Replacement: Capital replacement Ontarians with Disabilities Fairmont Home -capital replacement Fairmount Home - capital reserve fund* Frontenac Paramedic Service - vehicle replacement
- equipment replacement External Agency Reserves: Library reserve Social housing - Out of Scope Strategic Regional Reserves: Strategic projects reserve Stabilization Reserves: County of Frontenac Legally Restricted: Donations * Pathways * FRC Frontenac Howe Islander Ferry Reserve Frontenac Howe Island Ferry WSIB
$
1,220,799 13,999 111,814 331,697 2,315,347 157,368 142,072 233,829 47,934 1,332,619
2020
$
1,220,798 23,302 61,866 297,456 2,002,248 145,064 111,401 220,020 16,095 1,051,984
4,705,540 79,678 945,142 758,310 849,568 1,923,995
4,077,437 117,354 940,230 865,394 740,746 1,643,015
256,570 312,686
237,070 287,686
1,710,556
1,811,141
2,024,723
1,779,353
164,541 44,077 24,050 35,491
163,584 43,277 – 6,282
$ 19,742,405
$ 17,862,803
Reserves Reserve funds
$ 18,775,476 966,929
$ 16,790,549 1,072,254
Total reserves and reserve funds
$ 19,742,405
$ 17,862,803
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INDEPENDENT AUDITORS’ REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the County of Frontenac
Opinion We have audited the financial statements of the Trust Funds of the Corporation of the County of Frontenac (the Entity), which comprise: •
the statement of financial position as at December 31, 2021
•
the statement of financial activities for the year then ended
•
and notes to the financial statements, including a summary of significant accounting policies
(Hereinafter referred to as the “financial statements”). In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the Entity as at December 31, 2021, and its financial activities for the year then ended in accordance with Canadian public sector accounting standards.
Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the “Auditors’ Responsibilities for the Audit of the Financial Statements” section of our auditors’ report. We are independent of the Entity in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
Other Matter - Comparative Information The financial statements for the year ended December 31, 2020 were audited by another auditor who expressed an unmodified opinion on those financial statements on April 21, 2021.
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Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with Canadian public sector accounting standards and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is responsible for assessing the Entity’s ability to continue as a going concern, disclosing as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Entity or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Entity’s financial reporting process.
Auditors’ Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also:
Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
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Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Entity’s internal control.
Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management.
Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Entity’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditors’ report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditors’ report. However, future events or conditions may cause the Entity to cease to continue as a going concern.
Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation.
Communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.
Chartered Professional Accountants, Licensed Public Accountants Perth, Canada (date)
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CORPORATION OF THE COUNTY OF FRONTENAC Trust Funds Statement of Financial Position Year ended December 31, 2021, with comparative information for 2020 Fairmount Home Residents’
Bridget Fowler
2021
2020
Assets Cash
$
5,031
$
5,623
$
10,654
$
11,999
$
5,031
$
5,623
$
10,654
$
11,999
Fund Balances Fund balance
The accompanying note is an integral part of these financial statements.
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CORPORATION OF THE COUNTY OF FRONTENAC Trust Funds Statement of Financial Activities Year ended December 31, 2021, with comparative information for 2020 Fairmount Home Residents’ Revenue: Residents’ deposits Interest
$
4,691 – 4,691
Bridget Fowler
$
– 509 509
2021
$
4,691 509 5,200
2020
$
8,576 500 9,076
Expenses: Residents’ withdrawals
6,545
–
6,545
8,110
Excess of revenue over expenses (expenses over revenue)
(1,854)
509
(1,345)
966
Balance, beginning of the year
6,885
5,114
11,999
11,033
Balance, end of year
$
5,031
$
5,623
$
10,654
$
11,999
The accompanying note is an integral part of these financial statements.
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CORPORATION OF THE COUNTY OF FRONTENAC Trust Funds Note to Financial Statements Year ended December 31, 2021, with comparative information for 2020
-
Basis of accounting: The statement of Residents’ Trust Accounts of the Corporation of the County of Frontenac reports the deposits and disbursements for the year ended December 31, 2021, in accordance with the significant accounting principles prescribed by the Ministry of Health and Ministry of Long-Term Care. General eligibility criteria for expenditures and reporting requirements are described in the 2021 Long-Term Care Home Annual Report Technical Instructions and Guidelines, dated April 30, 2021, issued by the Ministry of Health and Ministry of Long-Term Care of Ontario. The purpose of the Statement is for the Entity to meet its obligation to report to the Ministry of Health and Long-Term Care of Ontario’s 2021 Long-Term Care Home Annual Report Technical Instructions and Guidelines dated April 30, 2021.
-
Significant accounting policies: (a) Receipts: Receipts are recorded on the cash basis. (b) Disbursements: Disbursements are recorded on the cash basis
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Report 2022-065 Council Information Report To:
Warden and Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Alex Lemieux, Director of Corporate Services/Treasurer
Date of meeting:
June 15, 2022
Re:
Corporate Services – 2022 First Quarter Financial Summary and Outlook
Recommendation This report is for information purposes only. Background The County of Frontenac financial summary and outlook for the first quarter of 2022 is attached. Comment The County of Frontenac declared a state of emergency on March 26, 2020 in response to the COVID-19 pandemic. While restrictions to curb the spread of COVID-19 have eased, the County of Frontenac is still responding to significant pressures for infection prevention and expenses on staffing, personal protective equipment, and other safety measures to address the health concerns caused by the pandemic. We have some funding carried over from 2021 to alleviate the additional costs associated with the pandemic and have received some additional funding for 2022 related to specific envelopes. As of May 31, 2022, no additional funding has been committed for general expenses beyond March 31, 2022, though the Safe Restart Carryover can be used throughout 2022. The funds available for COVID relief and funding commitments include the following:
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•
Safe Restart Funding Carryover - $1,332,619
•
Long-Term Care PPE and COVID-19 Prevention and Containment Funding (to be used April 1, 2022 – March 31, 2023) - $210,900 o The Ministry of Long-Term Care has announced additional funding for prevention and containment for up to $233 million to continue supporting incremental costs and measures required to prevent and contain transmission of COVID-19 and $34 million to support homes with acquiring additional PPE. At this time, it is unclear what Fairmount Home’s allocation, if any, would be.
•
Long-Term Care PPE and COVID-19 Prevention and Containment Funding (to be used by March 31, 2022) - $328,800
•
EMS COVID-19 Prevention and Containment Funding (to be used by March 31, 2022) - $54,657
Looking beyond COVID, we have seen increasing inflation on all items. Materials and Contracted Services prices have seen significant increases in early 2022. As of March 2022, Ontario CPI was 6.4%. It is expected that cost pressures on operating and capital expenses will persist in 2022 and those expenses will likely exceed what was budgeted for 2022. Revenue The Year-to-Date operating revenue for the first quarter has exceeded budget totals by $1,143,228 • • •
•
•
Fairmount Home received a $658,938 prior-year adjustment in envelope funding from the Ministry of Long-Term Care for additional COVID prevention expenses incurred in 2021. As referenced above, Fairmount Home and Frontenac Paramedics have received a combined $594,357 to support COVID-19 prevention and containment expenses in 2022. Frontenac Paramedics revenue is favourable to budget due to cost recoveries for the Street Health Clinic ($76,175). Frontenac Paramedics have contracts to provide staffing for this facility and the revenue received covers the expenses incurred to run this program. User fee revenue has been impacted by Ferry pass sales made through debit purchases through the Township of Frontenac Islands. Pass sales are $40,309 underbudget for the County, though $37,000 of that has been incurred through the Township. Historically, 100% of pass revenue was collected by the County. Revenue for pass sales for both ferries are pooled and redistributed to match operating expenses at year end, so the reduction in funds collected on pass sales will result in a reduction of the transfer from the County to the Township at year-end. Fairmount’s resident fees are also under budget by $98,133 due to eight beds being held to meet the Ministry’s mandate to provide isolation rooms. These
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•
open beds are being used when self-isolation is required, either for current residents showing possible symptoms, or new residents who have to self-isolate for 14 days upon admission. Although resident admissions now occupy the vacant rooms, ten empty beds had their admissions delayed due to consecutive outbreaks in December. Fairmount Home has received $283,872 in funding to support additional staffing resources in long-term care as the province works to a system-wide average total of 4 hours per resident per day.
Expenses County expenses for 2022 are $328,012 over budget through the first three months of the year. Most increases in salaries and benefits are offset by other funding sources in the revenue line. We have seen increased spending in materials and contracted services versus budget, with further context below: Salaries and Benefits •
•
Regular Earnings, which measures the wages worked paid at regular time, are under budget by $422,625. The under budget is primarily absence driven, as other expense lines are over budget including: o Sick Leave is overbudget by $256,078, though much of this is COVIDrelated and eligible for recovery through containment and prevention funding o Overtime is overbudget by $262,911 o Temporary Contracted Services (which is reported under Contracted Services under FIR guidelines but is replacement for salaries not incurred) would be $191,806 over budget. These expenses would relate to replacement of absent staff for Fairmount and would be eligible to be claimed through containment and prevention funding. Salaries and Wages for Fairmount Home also includes $94,145 for the Personal Support Worker (PSW) temporary wage enhancement in Q1. This program is fully funded by the Province and had no net impact on the County. This program will be moving to a permanent basis in April, which will continue to push Salaries and Benefits over the budget with offsetting revenue to be received through the Province.
Materials •
•
The Community Paramedicine for Long-Term Care (CPLTC) is $279,437 under their material budget through March. This program is fully funded through the ministry through $2,000,000 in transfer payments, and the expenses budgeted match the funding received. Any unspent funding will be returned to the ministry. Based on the current scope of the program, it is unlikely that the amount budgeted will be spent in 2022. Excluding the Community Paramedicine costs, quarterly spending is above budget. This is partially due to timing differences, although cost inflation has
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•
•
account for some of the increases as well. Of note, increases in fuel prices have resulted in $37,990 more spent on fuel compared to March 2021. Through March, $179,038 has been spent on materials for infection prevention. The expenses incurred are predominantly for personal protective equipment (gowns, masks, googles/shields, etc.). Most of these expenses are eligible to be claimed against the various streams of Containment and Prevention Funding we have received. The costs for travel, training and conferences are all near budget through the first three months of the year. These costs have been below budget for the last two years, although with the loosening of COVID restrictions, we have a shift towards in-person meetings and conferences.
Contracted Services •
•
Timing of estimates for purchases has also resulted in variances for contracted services. Purchases of contracted services for vehicles, equipment, building maintenance were lower than expected the first three months of 2022, though the total expense for the year is still anticipated to be near the budgeted amount for the year. The expense for WSIB insurance for 2022 was $156,817. Period costs for WSIB are not included in the annual budget and are offset by the contributions made to the WSIB reserve made throughout the year, which appear in the Salaries and Benefits line.
Net Capital Expense • •
•
No capital purchases have been recognized through the first three months of 2022 Looking forward, pricing for some projects, including the Admin Building Redevelopment, Fairmount HVAC Replacement, and Fairmount Nurse Call Bell System Replacement have all been overbudget. However, it is anticipated that Net Capital Expense will be below what was budgeted for 2022; timing on the construction of the Admin Building, which was originally budgeted to be complete in 2022, will likely push some of those expenses into 2023. The revenue under the capital section relates to the share paid by the City of Kingston which is paid monthly and reconciled against expenses at year end.
2022 Outlook The two dominant themes in looking forward to how staff will manage the 2022 budget can broadly be split between managing the impact of COVID-19 and dealing with inflationary pressures across the organization. These two distinct challenges will dictate the 2022 financial outlook.
- Will COVID-19 operating pressures continue to persist in 2022? It is difficult to answer the question of what the exact financial impact of COVID will be throughout 2022, since the severity of any additional waves or responses through the Information Report to Council Corporate Services - Finance - 2022 First Quarter Financial Summary and Outlook June 15, 2022
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summer and fall are still unknown. However, the Provincial and Federal governments have been willing to fund the added costs to deal with COVID-19 in health care settings, especially in long-term care. The County of Frontenac also has left over Safe Restart Funding from 2020 and 2021 to address any added costs in 2022 which may no longer be covered by senior levels of government. Between the funding received in 2022, the potential for additional funding should COVID-19 response worsen, and the funds available in the Safe Restart Reserve, the financial impact of COVID-19 should not adversely impact the County of Frontenac. 2. What will be the impact of cost inflation through 2022? The financial impact of cost inflation may be more difficult to gauge. As mentioned earlier, Ontario CPI was 6.4% as of March 2022. We have seen three rate hikes in March and April and more recently, another two in June. Historically, higher interest rates have resulted in reduced inflation. However, geopolitical issues have caused fuel costs to remain high. Increases in fuel costs will typically result in increased shipping costs, with those added costs then passed on to the consumer. The County of Frontenac budgeted increases of 2% for materials and contracted services for which we did not have long-term pricing, or for which we did not have a separate basis to estimate costs. We have seen increases in costs on larger items and these increases will likely trickle down to consumable materials as well. It is likely that many material and contracted services costs in 2022 will exceed what was budgeted. The County will look to mitigate the impact through the use of reserves on capital purchases and work within its operational budget to absorb any increases. Strategic Plan Implications The mission of Frontenac County is to provide “the effective, efficient and sustainable delivery of services to citizens”. By publishing the quarterly financial report, the County ensures that the Council and public are aware of the costs incurred by the County in relationship to the budget throughout the year. This ensures that the County is accountable to the ratepayer for its revenues and expenditures for the services it provides. Organizations, Departments and Individuals Consulted and/or Affected Senior Leadership Team Phil Piasetzki, Deputy Treasurer
Information Report to Council Corporate Services - Finance - 2022 First Quarter Financial Summary and Outlook June 15, 2022
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2022
2022
March
YTD
Total Annual
Budget
YTD Budget
YTD Actual
Variance
Spent
$
$
$
$
%
1,005,952
870,048
(135,904)
24.12%
20,703,160
5,089,540
6,557,813
1,468,273
31.68%
Provincial Offences Net Revenue
106,136
26,534
13,209
(13,325)
12.45%
Investment Income
132,000
33,000
19,529
(13,471)
14.79%
Other
936,379
188,128
73,424
(114,704)
7.84%
Transfers from Obligatory Reserve
896,065
Operating Revenue Taxation from Other Governments User Charges Payments in Lieu of Taxes Federal and Provincial
Transfers from Reserve
50,000 3,607,023 42,297
416,657
66,132
18,491
(47,641)
4.44%
26,889,717
6,409,286
7,552,514
1,143,228
(28.09%)
Salaries & Benefits
33,895,183
8,258,529
8,529,796
271,267
25.17%
Materials
4,962,403
1,001,617
1,044,594
42,977
21.05%
Contracted Services
8,597,869
2,494,218
2,602,632
108,414
30.27%
Rents & Financing
231,428
86,200
52,994
-33,206
22.90%
External Transfers
248,799
24,000
24,000
Total Operating Revenue Operating Expense
9.65%
Other
#DIV/0!
Depreciation
1,902,536
465,997
434,889
-31,108
Reserve Transfers
2,018,145
6,249
13,417
7,168
0.66%
-37,500
#DIV/0! 24.50%
Unapproved Projects Total Operating Expense
37,500
22.86%
51,856,363
12,374,310
12,702,322
328,012
Net Municipal Contribution
24,966,646
5,965,024
5,149,808
-815,216
20.63%
LESS: Depreciation
(1,902,536)
(465,997)
(434,889)
31,108
(22.86%)
-784,108
20.44%
-784,108
15.67%
Net Municipal Contribution LESS Depreciation
23,064,110
5,499,027
4,714,919
City of Kingston
-11,794,655
-2,948,664
-2,948,664
County Contribution - Operating
11,269,455
2,550,363
1,766,255
Capital Revenue
9,570,969
1,587,792
(1,587,792)
Capital Expense
9,875,045
1,805,845
-1,805,845
Net Capital Expense
304,076
218,053
City of Kingston - Capital
-296,602
-74,165
-74,151
14
(25.00%)
County Contribution - Capital
7,474
143,888
-74,151
-218,039
992.12%
County Contribution - Debenture
157,721
-15,351
260,795
276,146
165.35%
11,434,650
2,678,900
1,952,899
-726,001
17.08%
Total Requisition
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25.00%
-218,053
Page 6 of 8
2022
2022
March
YTD
Total Annual
Budget
YTD Budget
YTD Actual
Variance
Spent
$
$
$
$
%
Operating Revenue User Charges
3,287,923
822,730
724,597
(98,133)
22.04%
Federal and Provincial
7,778,001
1,904,644
3,154,731
1,250,087
40.56%
Other
104,426
26,113
34,932
8,819
33.45%
Transfers from Reserve
35,000
5,000
11,205,350
2,758,487
3,914,260
1,155,773
(34.93%)
Salaries & Benefits
12,702,212
3,204,057
3,378,014
173,957
26.59%
Materials
1,271,488
332,326
384,172
51,846
30.21%
Contracted Services
1,520,819
551,504
528,827
-22,677
34.77%
Depreciation
603,369
150,302
144,093
-6,209
23.88%
Reserve Transfers
140,195 4,435,106
196,917
27.31%
Total Operating Revenue
(5,000)
Operating Expense
Unapproved Projects
#DIV/0!
Total Operating Expense
16,238,083
4,238,189
Net Municipal Contribution
5,032,733
1,479,702
520,846
-958,856
10.35%
LESS: Depreciation
(603,369)
(150,302)
(144,093)
6,209
(23.88%)
Net Municipal Contribution LESS Depreciation
4,429,364
1,329,400
376,753
-952,647
8.51%
City of Kingston
-2,956,641
-739,161
-739,160
1
25.00%
County Contribution - Operating
1,472,723
590,239
-362,407
-952,646
24.61%
Capital Revenue
1,618,445
1,487,792
(1,487,792)
Capital Expense
1,914,081
1,705,845
-1,705,845
Net Capital Expense
295,636
218,053
City of Kingston - Capital
-289,876
-72,468
-72,469
-1
(25.00%)
County Contribution - Capital
5,760
145,585
-72,469
-218,054
1,258.14%
County Contribution - Debenture
157,721
-15,351
260,795
276,146
165.35%
1,636,204
720,473
-174,081
-894,554
10.64%
Total Requisition
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Page 7 of 8
2022
2022
March
YTD
Total Annual
Budget
YTD Budget
YTD Actual
Variance
Spent
$
$
$
$
%
Operating Revenue User Charges Federal and Provincial
11,909,915
2,930,066
Other Transfers from Reserve Total Operating Revenue
10,619
4,427
4,427
#DIV/0!
3,107,284
177,218
26.09%
25,911
25,911
#DIV/0!
10,808
10,808
101.78%
11,920,534
2,930,066
3,148,430
218,364
(26.41%)
Salaries & Benefits
17,558,593
4,156,606
4,317,992
161,386
24.59%
Materials
2,455,586
564,955
563,647
-1,308
22.95%
Contracted Services
1,863,753
615,749
716,842
101,093
38.46%
Rents & Financing
231,178
86,174
52,932
-33,242
22.90%
Depreciation
897,312
215,819
192,767
-23,052
21.48%
Reserve Transfers
990,979 204,877
24.35%
Operating Expense
Unapproved Projects
#DIV/0!
Total Operating Expense
23,997,401
5,639,303
5,844,180
Net Municipal Contribution
12,076,867
2,709,237
2,695,750
-13,487
22.32%
LESS: Depreciation
(897,312)
(215,819)
(192,767)
23,052
(21.48%)
Net Municipal Contribution LESS Depreciation
11,179,555
2,493,418
2,502,983
9,565
22.39%
City of Kingston
-8,838,014
-2,209,503
-2,209,504
-1
25.00%
County Contribution - Operating
2,341,541
283,915
293,479
9,564
12.53%
Capital Revenue
2,284,064
Capital Expense
2,292,504
Net Capital Expense
8,440
City of Kingston - Capital
-6,726
-1,697
-1,682
15
(25.01%)
County Contribution - Capital
1,714
-1,697
-1,682
15
98.13%
County Contribution - Debenture Total Requisition
#DIV/0! 2,343,255
282,218
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291,797
9,579
Page 8 of 8
12.45%
Report 2022-066 Information Report to Council To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Alex Lemieux, Director of Corporate Services/Treasurer
Date of meeting:
June 15, 2022
Re:
Corporate Services – Finance – 2021 Reserve and Reserve Funds
Recommendation This report is for information purposes only. Background Council adopted a Reserve and Reserve Fund Policy in May 2015, which aligned the requirements and long-term direction of Council. Reserve and Reserve funds are defined in six categories:
- Operating Reserves
- Capital Reserves
- Levy Stabilization Reserves
- Strategic Project Reserves
- External Agency Reserves
- Restricted Reserves Comment Council maintained its commitment to the Reserve and Reserve Fund Policy during its 2021 budget deliberations. Operating Reserves: The operating reserves are built up to fund ongoing operations and planned expenditures which may vary from year to year (such as Workplace Safety and Insurance Board (WSIB) or severance costs), or which may occur on a cycle of
186 of 206 2022-066 Corporate Page Services 2021 Reserve and Reserve Funds
every few years. These reserves provide funding for County activities, such as asset condition assessments, compensation reviews, actuarial assessments, etc. which occur on an intermittent basis. •
The Safe Restart Reserve is comprised of funds received during 2020 and 2021 from the Ontario government to support COVID-19 operating costs and measures. These funds are to be used in 2022 to offset additional COVID-19 expenses.
•
The balance on WSIB reserves continued to increase for all three business units as the budgeted premiums for WSIB exceeded the costs incurred to manage claims. However, the costs to service claims related to Paramedic Services have increased in each of the past four years. Reserve balances are sufficient for 2021, though contribution rates will need to be rebalanced as costs continue to increase and the expense relating to future liabilities increase.
•
The Ferry Reserve, which was depleted in 2020, is carrying a balance of $24,051 as of the end of 2021. These funds can be used to offset unforeseen or overbudget costs to operate the ferry in future years. Opening Balance
Closing Balance
Net Change
Operating Reserves Working Fund Frontenac FRC Sustainability Reserve FMT Severance Joint FPS Severance FRC Operating FMT Operating Corporate WSIB Reserve Ferry WSIB reserve Joint FPS WSIB Community Development Reserve Safe Restart Reserve Total Operating Reserve Balance
1,220,799 220,020 111,401 297,456 23,302 145,064 61,866 6,282 2,002,248 16,095 1,051,984 5,156,518
1,220,799 233,829 142,072 331,697 13,999 157,368 111,814 35,492 2,315,347 47,934 1,332,619 5,942,969
0 13,809 30,671 34,240 -9,303 12,304 49,948 29,210 313,099 31,839 280,635 786,451
Information Report Corporate Services Reserve and Reserve Funds June 15, 2022 Page 2 of 6
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Capital Asset Management Reserves: The capital asset management reserves are used to fund the replacement of long-lived equipment, vehicles, and buildings. A portion of the loan repayment for Fairmount’s Auditorium rebuild comes from these reserves as well. Risk: The Capital Asset Management Reserves are below the amount recommended by Public Sector Digest in their 2014 Asset Management Review. However, the current plan of a .65% increase per year (2021 was year seven of ten) had not included the addition of any new assets from 2014 to now, or the significant cost increases for building replacement. No change to the 0.65% increase is recommended at this time, though staff will continue to monitor as it is likely the phased-in increase will need to be continued beyond 10 years to achieve the level of capital sustainability targeted. In 2021, the incurred capital expenditures were less that what was contributed to the capital reserve. However, significant outflows from the reserve are expected with a planned Administration Building redesign. Opening Balance Asset Replacement FMT Capital Reserve Fund (Rebuild) JOINT FPS Vehicle Replacement JOINT FPS Equipment Replacement FMT Capital Replacement FRC Ontarians with Disabilities FRC Capital Replacement Total Asset Replacement Balance
865,394 740,746 1,643,015 940,230 117,354 4,077,436 8,384,175
Closing Balance 758,310 849,568 1,923,995 945,142 79,678 4,705,540 9,262,232
Net Change -107,083 108,822 280,981 4,912 -37,677 628,103 878,058
Stabilization Reserve: Expenses offset by the Stabilization Reserve in 2021 included the County of Frontenac’s portion for a joint insurance consultant with the Townships, $42,312 to partially offset the County’s commitment to the EORN Cell Gap Project, and $64,000 towards grants funding rural transportation. Note: As of 2020, the Stabilization Reserve is below the amount recommended by the 2013 KPMG Service Delivery and Organization review1 (recommendation #21, pg. 11 and 102). KPMG’s recommendation was for a stabilization reserve equivalent to 10% of the budgets for Frontenac Paramedics and Fairmount Home, or approximately $3.5M for 2021. Subsequently the reserve level was reduced by County Council to recognize the fiscal realities of meeting that goal and the addition of the dedicated 0.65% annual increase for capital replacement. The County’s reserve policy in 2015 adopted a more conservative target for its stabilization reserve of 15% of the municipal levy, or approximately $1.72M for 2022.
1 Link to KPMG Report: [Link Here]
Information Report Corporate Services Reserve and Reserve Funds June 15, 2022 Page 3 of 6
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The County of Frontenac had an unallocated surplus of $323,657 in 2021. Staff recommended in Report 2022-064 that the surplus be allocated to the Stabilization Reserve. Allocating the surplus to the Stabilization Reserve would assist the County in funding future growth requirements without increasing the levy. The graph below illustrates the County’s position with its Stabilization Reserve. The graph assumes that the recommendation to allocate $323,657 to the Stabilization Reserve presented earlier this meeting was accepted by council.
Strategic Regional: This reserve will continue to be used for the projects identified by Council in 2015. The last remaining project are the funds set aside for the Seniors’ Housing initiatives at the Township level. The $725,000 received from the Province of Ontario as Municipal Modernization Funding in 2019 has been allocated to the Strategic Project Reserve. The initiatives approved by Council in 2020 have been included in the chart below with a progress update through December 31, 2021.
Information Report Corporate Services Reserve and Reserve Funds June 15, 2022 Page 4 of 6
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Strategic Project Reserve (20-90-91000-31009) - By Project (As of December 31, 2021)
2015 Allocation Waste Management Planning Seniors’ Housing Seniors’ Transportation Economic Development
Original Allocation $ 100,000.00 $ 1,400,000.00 $ 100,000.00 $ 500,000.00
Allocation Spent $ 73,473.40 $ 382,460.80 $ 100,000.00 $ 500,000.00
Remaining $ 26,526.60 $ 1,017,539.20 $ $
$ $
70,000.00 250,000.00
$ $
250,000.00
$ $
70,000.00
$ $ $
25,000.00 40,000.00 40,000.00
$ $ $
25,000.00 40,000.00
$ $ $
40,000.00
$
90,000.00
$
70,365.70
$
19,634.30
$
100,000.00
$
$
100,000.00
$
50,000.00
$
50,000.00
$
$
30,000.00
$
$
30,000.00
$ $
25,000.00 5,000.00
$ $
25,000.00 3,845.77
$ $
1,154.23
2019 Allocation Modernization Funding Long-Term Care Review EORN Cell Gap Project Communications/Engagement Tool Regional Roads Needs Update Scheduling Software Continuous Improvement/Planning Intern Administration Facility Architectural Communal Services Implementation Energy Conservation and Demand Management EOWC - Eastern Ontario Initiatives Municipal 511 Total Balance Remaining on Committed Projects 2021 Ending Reserve Balance Difference (Unallocated to Specific Projects)
$ 1,304,854.33 $ 1,710,555.61 $
405,701.28
There is currently $405,701 unallocated to any specific projects. This amount could be allocated to any project which Council deems to be a strategic initiative. Sustainability Implications Governance – appropriate stewardship of County resources. Financial Implications The following table reflects the 2020 audited year end balances:
Information Report Corporate Services Reserve and Reserve Funds June 15, 2022 Page 5 of 6
190 of 206 2022-066 Corporate Page Services 2021 Reserve and Reserve Funds
2021 Reserve and Reserve Funds Category Operating Reserves Capital Asset Reserves External Agency Reserves Strategic Regional Reserves Stabilization Reserve Legally Restricted Reserves CCBF (Federal Gas Tax) Reserve Fund Total
2021 Actual ($) Target Balance 5,942,969 Meets current requirements Underfunded - Ongoing review and 9,262,232 annual allocation 569,255 Meets current requirements 1,710,556 Meets current requirements 2,024,724 Exceeds current requirements 232,669 Meets current requirements 1,244,189 Meets current requirements 20,986,594
*26% of the total reserve balance is held jointly with the City of Kingston for Land Ambulance and Fairmount Home. From a policy perspective, the County’s operating reserves are meeting current requirements. While the capital asset reserves are underfunded, maintaining the current funding strategy to continue with the dedicated capital levy will improve their funded status, although it is likely that the dedicated capital levy will need to be extended beyond 10 years. In terms of adjusting reserve targets, no changes are recommended in Reserves and Reserve Funds at this time. Organizations, Departments and Individuals Consulted and/or Affected Frontenac Paramedics Fairmount Home Planning and Economic Development
Information Report Corporate Services Reserve and Reserve Funds June 15, 2022 Page 6 of 6
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Activity Update June 2022
Resident Care, Nursing & IPAC
•
• •
•
Environmental Services
• •
•
Other
• •
The home continues to experience staffing challenges related to COVID and other short-term illnesses along with the 31 open positions including RNs, RPNs, PSWs, Cooks and Dietary Aides. The home continues to utilize overtime and temporary agencies to assist with staffing. Fairmount was in a declared COVID-19 outbreak from May 11, 2022 – June 5, 2022, that involved 3 home areas and impacted a total of 33 residents The auditorium has been setup as space for the residents to enjoy entertainment and recreational programs throughout the summer. The programs will ensure residents are physically distanced and comply with infection prevention and control precautions. Musical entertainment is scheduled for June 9th and 10th. As part of the 2022 budget deliberations, County Council approved the replacement of the home’s nurse call bell system. The request for proposal was issued April 4, 2022, to decommission the current nurse call system as well as supply and install a new standalone nurse call system with the assistance of the Information Systems staff. The proposed new system will provide real time location staff badges that will provide staff assist and duress buttons to summon urgent assistance to their exact location. The new system must also integrate with the wireless phone system, the existing fire alarm system, resident wander system and must meet the Ministry of Long-Term Care standards. Please see the corresponding County Council report 2022-067. Manager of Environmental Services has confirmed the HVAC replacement is eligible for an incentive from Enbridge Gas and we are waiting confirmation of the incentive amount Fairmount currently provides air conditioning in all common spaces and corridors. The Ministry of Long-Term Care has mandated air condition in each resident room; therefore the Manager of Environmental Services has sourced 120 portable air conditioners for the resident rooms. Fairmount’s roof has been inspected and several areas require remediation with a preliminary estimate of $50,000 for the roof repairs. A Request for Quotation will be issued as per the County’s Procurement Policy. Fairmount participated in the WSIB Health and Safety Excellence Program which resulted in a WSIB rebate of $5,257 Collective bargaining with CUPE 2290 May 4 - 6
Fairmount Home Update
Page 192 from of 206 Fairmount Home Liaison Report Councillor Gerry Martin
Committee Report To:
Warden and Council Members of the County of Frontenac
From:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
June 15, 2021
Re:
Administrative Building Design Task Force – Report to Council
All items listed on Administrative Building Design Task Force Report shall be the subject of one motion. Any member of County Council may ask for any item(s) included in the Administrative Building Design Task Force Report to be separated from that motion and considered separately, whereupon the Administrative Building Design Task Force Report without the separated item(s) shall be put to the vote and the separated item(s) shall be considered immediately thereafter. The Administrative Building Design Task Force reports and recommends as follows: 1.
2022-058 Office of the Chief Administrative Officer Review and Award of the RFP for the Renovations & Additions for Joint Admin Facility for the County of Frontenac and Cataraqui Regional Conservation Authority Be It Resolved That the Office of the Chief Administrative Officer – Review and Award of the RFP for the redevelopment of the Administrative Building report be received; And Further That the Council of the County of Frontenac authorize the Warden and Clerk to enter into an agreement with Emmons & Mitchell Construction (2000) Ltd for the Renovations & Additions for Joint Admin Facility for the County of Frontenac and Cataraqui Regional Conservation Authority in the amount of Four Million, Four Hundred and Ninety Thousand ($4,490,000.00), subject to the approval by the Cataraqui Region Conservation Authority (CRCA).
Page 193 of 206 Report of the Administrative Building Design Task Force
Minutes of the Administrative Building Design Task Force Meeting June 8, 2022 A meeting of the Administrative Building Design Task Force was held in combination of in person and virtual electronic format, hosted at the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, June 8, 2022 at 6:30 p.m. Present: Councillor MacDonald– Chair Councillor Vandewal – Vice Chair Warden Doyle Councillor Martin Staff Present: Jannette Amini, Manager of Legislative Services/Clerk (Recording Secretary) Alex, Director of Corporate Services/Treasurer Kelly Pender, Chief Administrative Officer Also Present: Members of the CRCA Building Task Force 1.
Call to Order
Ms. Amini, Clerk, called the meeting to order at 6:30 p.m. and proceeded with the election of officers. Election of Officers
a)
Election of Chair
Moved By: Seconded By:
Councillor Martin Warden Doyle
That Councillor Bill MacDonald be elected Chair of the Administrative Building Design Task Force for 2022. Carried Moved By: Seconded By:
Councillor Vandewal Warden Doyle
That nominations for Chair be closed. Carried
Page 194 of 206 Report of the Administrative Building Design Task Force
Councillor MacDonald accepted the nomination as Chair. b)
Election of Vice Chair
Moved By: Seconded By:
Councillor MacDonald Warden Doyle
That Councillor Vandewal be elected Vice Chair of the Administrative Building Design Task Force for 2022. Carried Moved By: Seconded By:
Warden Doyle Councillor Martin
That nominations for Vice Chair be closed. Carried Councillor Vandewal accepted the nomination as Vice Chair. Adoption of the Agenda
Moved By: Seconded By:
Councillor Vandewal Councillor Martin
That the agenda and addendum for the June 8, 2022 meeting of the Administrative Building Design Task Force be adopted. Carried Disclosure of Pecuniary Interest and General Nature Thereof
There were none. Adoption of Minutes
a)
Minutes of Meeting held February 17, 2021
Moved By: Seconded By:
Councillor Martin Councillor Vandewal
That the minutes of the Administrative Building Design Task Force meeting held February 17, 2021 be adopted. Carried
Administrative Building Design Task Force Meeting Minutes June 8, 2022
Page 195 of 206 Report of the Administrative Building Design Task Force
Page 2 of 4
6.
Deputations and/or Presentations
Reports
a)
Staff Briefing
Mr. Pender provided the Task Force with a presentation outlining the Project Overview, Design/Tender Process & Bids. In terms of the size of the building and the costs identified, a question was raised in terms of what might happen if additional staffing is required, Mr. Pender noted that the formula is based on dedicated space for each organization and this can be captured in the Memorandum of Understanding currently being developed by Mr. Tony Fleming, Solicitor. There were also concerns expressed that the province could change the boundaries of the County. Mr. Pender noted that there are expansion options built into this but currently, we can only plan for what is known today. Mr. Todd Colbourne provided an overview of the tender process itself, noting it was a public process and bidders were mandated to attend a site visit, given the size and complexity of the project. The bids themselves were tight, pointing to the probability that no mistakes in the bidding were made. It was asked if the bids have any type of escalators over such things as material costs, to which Mr. Colbourne advised that this is a fixed price contract. The requested bid bond period was set at 30 days which assists contractors in securing guaranteed prices. He also noted that the original proposal and construction cost estimate presented earlier in the process included a larger addition; however, addition costs are roughly $400/sq. ft, so we looked at strategies to reduce the size of the addition. Another rendition included the use of the attic however due to accessibility requirements this would have required an elevator. As such the focus moved to the basement which made a much more compact addition, bringing the costs down to $220/sq. ft. Mr. Lemieux provided an outline of the budget/financial breakdown. To questions around joint tendering of furniture, Mr. Lemieux noted that the CA will move in January 2023 whereas the County will not move in until 2024 so a joint tendering of office equipment may not make sense, but these discussions are ongoing with staff from both organizations. In terms of the noted interest rate, Mr. Lemieux noted that this rate was provided 2-3 weeks ago which he feels remains accurate within current market conditions, but it could go up in the next few months. In terms of replacement costs of shared capital, there is an amount built in through the Memorandum of Understanding based on the amortization rate of the building as a reserve transfer and is captured in the pro forma. These costs are separate from the lease payment. The 5% administration fee is 5% of the the annual debenture payment.
Administrative Building Design Task Force Meeting Minutes June 8, 2022
Page 196 of 206 Report of the Administrative Building Design Task Force
Page 3 of 4
For example for CRCA, on a $100 charge, the fee would be $5, bringing the payment to $105. In terms of borrowing options, this has not been brought to Council yet however the staff recommendation would likely be to go with a fixed rate to maintain certainty of future payments, but these discussions will be done jointly by both parties. b)
2022-058 Office of the Chief Administrative Officer Review and Award of the RFP for the Renovations & Additions for Joint Admin Facility for the County of Frontenac and Cataraqui Regional Conservation Authority
Moved By: Seconded By:
Deputy Warden Doyle Councillor Martin
Be It Resolved That the Office of the Chief Administrative Officer – Review and Award of the RFP for the redevelopment of the Administrative Building report be received; And Further That the Council of the County of Frontenac authorize the Warden and Clerk to enter into an agreement with Emmons & Mitchell Construction (2000) Ltd for the Renovations & Additions for Joint Admin Facility for the County of Frontenac and Cataraqui Region Conservation Authority in the amount of Four Million, Four Hundred and Ninety Thousand ($4,490,000.00), subject to the approval by the Cataraqui Region Conservation Authority (CRCA). Carried 8.
Communications
Other Business
Next Meeting
Adjournment
Moved By: Seconded By:
Councillor Vandewal Councillor Martin
That the meeting hereby adjourn at 7:32 p.m. Carried
Administrative Building Design Task Force Meeting Minutes June 8, 2022
Page 197 of 206 Report of the Administrative Building Design Task Force
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Committee Report To:
Warden and Council Members of the County of Frontenac
From:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
June 15, 2022
Re:
Community Development Advisory Committee – Report to Council
All items listed on the Community Development Advisory Committee Report shall be the subject of one motion. Any member of County Council may ask for any item(s) included in the Community Development Advisory Committee Report to be separated from that motion and considered separately, whereupon the Community Development Advisory Committee Report without the separated item(s) shall be put to the vote and the separated item(s) shall be considered immediately thereafter. The Community Development Advisory Committee reports and recommends as follows:
- 2022-059 Community Development Advisory Committee Destination Development Plan 5-year Implementation Plan Be It Resolved That the County Council endorses the Frontenac County Destination Development Plan Implementation described in report 2022-059. And Further That staff be directed to include Destination Plan implementation in the Planning & Economic Development Budget and Business Plan 2023- 2027.
PageDevelopment 198 of 206Advisory Committee Report of the Community
Minutes of the Community Development Advisory Committee Meeting June 9, 2022 https://youtu.be/HchNP3lHoLo A meeting of the Community Development Advisory Committee was held in virtual electronic format, hosted at the County Administrative Office, 2069 Battersea Road, Glenburnie on Thursday, June 9, 2022 at 10:00 a.m. Present Electronically: Betty Hunter, Chair Lisa Henderson Marlene Spruyt Greg Rodgers Robert Schock Councillor Alan Revill, Council Liaison Regrets: Ella Vanderburgt Warden Denis Doyle Staff Present Electronically: Jannette Amini, Manager of Legislative Service/Clerk (Recording Secretary) Brieanna McEasthron, Executive Assistant Debbi Miller, Community Development Officer Joe Gallivan, Director of Planning and Economic Development 1.
Call to Order
The meeting was called to order at 10:00 a.m. 2.
Election of Officers
Ms. Amini conducted the election of the Vice Chair. a)
Election of Vice Chair
Moved By: Seconded By:
Ms. Henderson Ms. Hunter
That Councillor Alan Revill be elected Vice Chair of the Community Development Advisory Committee for 2022. Carried
PageDevelopment 199 of 206Advisory Committee Report of the Community
Moved By: Seconded By:
Councillor Revill Councillor Rodgers
That nominations for Vice Chair be closed. Carried Councillor Revill accepted the nomination of Vice Chair 3.
Adoption of the Agenda
Moved By: Seconded By:
Ms. Henderson Councillor Revill
That the agenda for the June 9, 2022 meeting of the Community Development Advisory Committee be adopted. Carried 4.
Disclosure of Pecuniary Interest and General Nature Thereof
There were none. 5.
Adoption of Minutes a)
Minutes of Meeting held April 14, 2022
Moved By: Seconded By:
Ms. Henderson Mr. Schock
That the minutes of the Community Development Advisory Committee meeting held April 14, 2022 be adopted. Carried 6.
Deputations and/or Presentations a)
Ms. Anne Prichard, Executive Director of Frontenac Business Services, provided a presentation on the Food and Beverage in Frontenac Program. [See Reports to the Community Development Advisory Committee, clause a)]
Regarding questions raised about a comprehensive Business Directory, Ms. Prichard noted that the County partners with the Frontenac News on a business directory and Frontenac Business Services support this and promotes local businesses. It was noted
Community Development Advisory Committee Meeting Minutes June 9, 2022
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Page 2 of 4
that a Tourism resource is being considered and it was questioned if this is something that Frontenac Business Services would be interested in participating or contributing to, to which Ms. Prichard advised that they are only 2.5 people but this could be presented to her Board. It was noted that Frontenac News is launching a new publication that speaks to food, tourism and agriculture and this might be another vehicle in getting the word out. It was also noted that mapping services are sometimes more beneficial than a business directory given that a tourist typically knows where they are going to so this would allow them to see what is there. It was also noted how Haliburton County uses strategic directional signage with similar signs for types of business, such as artisan cheese or potters. Ms. Miller noted that way finding is included in the Destination Development Plan, being considered later in the meeting. 7.
Reports to the Community Development Advisory a)
2022-060 Community Development Advisory Committee Food and Beverage in Frontenac Program Update Report
This report was for information purposes only and comments/questions were addressed under the presentation by Ms. Prichard. b)
2022-059 Community Development Advisory Committee Destination Development Plan 5-year Implementation Plan
Moved By: Seconded By:
Ms. Henderson Mr. Rodgers
Be It Resolved That the Council of the County of Frontenac endorse the Frontenac County Destination Development Plan Implementation described in report 2022-059. And Further That staff be directed to include Destination Plan implementation in the Planning & Economic Development Budget and Business Plan 2023- 2027. Carried Ms. Miller provided an overview of the report. In terms of the Frontenac Arch Biosphere, they are still in existence however may no longer enjoy the funding they once received meaning less support they are able to provide in terms of tourism. Staff will explore all potential partnerships. The County still provides the “Made in Frontenac” tags and are promoted on both the County website and social media sites. In terms of a technology platform, the County does not have a technology advisory committee but staff do discuss how data can be collected. This will be part of what the
Community Development Advisory Committee Meeting Minutes June 9, 2022
PageDevelopment 201 of 206Advisory Committee Report of the Community
Page 3 of 4
tourism resource will be working on. We do need to ensure that anything we do has flexibility built in and Mr. Schock offered to participate in these discussions. In terms of the tourism resource, the big cost of this project will be data input and this resource will be responsible to pull all this information together and be the point of contact. There will be a proposal coming to County Council as part of the 2023 budget. Mr. Gallivan provided the Committee with an overview of the County’s budget process. c)
2022-061 Community Development Advisory Committee Sharbot Lake Downtown Revitalization Update
This report was for information purposes only. d)
2022-062 Community Development Advisory Committee County Wide Community Improvement Plan (CIP) Update
This report was for information purposes only; however, Ms. Miller provided a brief overview of the report. 8.
Communications
Other Business
Next Meeting a)
The next regular meeting of the Community Development Advisory Committee is scheduled for Thursday, August 11, 2022 at 10 a.m. Adjournment
Moved By: Seconded By:
Ms. Spruyt Ms. Henderson
That the meeting hereby adjourn at 10:51 a.m. Carried
Community Development Advisory Committee Meeting Minutes June 9, 2022
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By-Law Number 2022-0016 of The Corporation of the County of Frontenac being a by-law to Authorize the Warden and Clerk to enter into a one (1) year Extension Agreement with Aird Berlis for Integrity Commissioner services for the Corporation of the County of Frontenac Whereas the Municipal Act, 2001, as amended provides that the powers of a municipal corporation are to be exercised by its Council through the adoption of by-laws; And Whereas the Municipal Act authorizes the County to establish codes of conduct for members of Council and to appoint an Integrity Commissioner who reports to Council; And Whereas County Council adopted a Code of Conduct for Council and members of Committees in 2013; And Whereas at its July 18, 2018 regular meeting, County Council passed By-law 2018-0024, appointing Aird Berlis through its lead John Mascarin as the County of Frontenac Integrity Commissioner pursuant to Part V.1, Accountability and Transparency, of the Municipal Act; And Whereas the term of the agreement with Aird Berlis to provide Integrity Commissioner provisions for the County of Frontenac ends on September 30, 2022, with the option for the County of Frontenac to continue with the services of Aird & Berlis for an additional one-year term; And Whereas the County of Frontenac wishes to exercise its option to continue with the services of Aird & Berlis for an additional one-year term; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac enacts as follows:
- That the Warden and Clerk are hereby authorized to execute an additional one-year extension with Aird Berlis through its lead John Mascarin for the provision of providing Integrity Commissioner services for the County of Frontenac, pursuant to Part V.1, Accountability and Transparency, of the Municipal Act;
- That this By-law shall come into force and take effect upon the date of final passing. Read a First and Second Time this 15th day of June, 2022. Read a Third Time, Signed, Sealed and Finally Passed this 15th day of June, 2022. The Corporation of the County of Frontenac
Denis Doyle, Warden
Jannette Amini, County Clerk
Page 203 of to 206 To Authorize the Warden and Clerk enter into a one (1) year Extension…
By-Law No. 2022-0017 of The Corporation of the County of Frontenac Being a By-Law to adopt an Asset Management Plan for Core Assets Policy Whereas a comprehensive and holistic asset management approach will support efficient and effective delivery of expected levels of service and ensure these practices are applied to the long-term management and stewardship of all municipal infrastructure assets; And Whereas the Ontario Regulation 588/17, Asset Management Planning for Municipal Infrastructure require municipalities to adopt an Asset Management Plan for Core Assets Policy by July 1, 2022; And Whereas the approval of this policy will allow the County of Frontenac to remain in line with provincial standards and regulations to enable it to take full advantage of available grant funding opportunities, as well as represents an important step to align the County’s mission and goals to a formal plan to ensure that core municipal infrastructure assets are maintained and provided to the community in a reliable, sustainable manner; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac authorizes the following:
- That the Council of the County of Frontenac herby adopts an Asset Management Plan for Core Assets Policy attached to this by-law as Appendix A;
- That this By-law shall come into force and take effect upon the date of final passing. Read a First and Second Time this 15th day of June, 2022. Read a Third Time, Signed, Sealed and Finally Passed this 15th day of June, 2022.
The Corporation of the County Of Frontenac
Denis Doyle, Warden
Jannette Amini, Clerk
Page 204 Plan of 206 To adopt an Asset Management for Core Assets Policy [Proposed By-la…
By-Law No. 2022-0018 of The Corporation of the County OF Frontenac being a by-law to confirm all actions and proceedings of County Council on June 15, 2022
Whereas Section 8 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to Subsection 2 subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O. 2001, c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise; and; Whereas the Council of the County of Frontenac deems it expedient to confirm its actions and proceedings; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enacts as follows:
- That all actions and proceedings of the Council of the County of Frontenac taken at its regular meeting held on June 15, 2022 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
- That all actions and proceedings of the Council of the County of Frontenac taken at its regular meeting held on June 15, 2022, be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
- That all actions and proceedings of the Council of the Corporation of the County of Frontenac taken at its regular meeting held on June 15, 2022 except those taken by by-law and those required by by-law to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
Page 205 of 206of County Council on June 15, 20… T o confirm all actions and proceedings
4. That this by-law shall come into force and take effect as of the final passing thereof. Read a First and Second Time this 15th day of June, 2022 Read a Third Time and Finally Passed, Signed and Sealed this 15th day of June, 2022.
The Corporation of the County of Frontenac
Denis Doyle, Warden
Jannette Amini, Clerk
By-Law No. 2022-0018 – To Confirm all Actions and Proceedings of County Council June 15, 2022
Page 206 of 206of County Council on June 15, 20… T o confirm all actions and proceedings
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