Body: Council Type: Agenda Meeting: Regular Date: November 17, 2021 Collection: Council Agendas Municipality: Frontenac County
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Document Text
Frontenac County Council Meeting Wednesday, November 17, 2021 – 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/x0VvZ1wRsuQ
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 October 20, 2021
- A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board - as it relates to Ontario Health Teams
- Labour relations or employee negotiations - as it relates to attendance management
- Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - as it relates to a request made under the Municipal Freedom of Information and Protection of Privacy Act for legal opinions provided to Council and received by Council in Closed Session
- Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - as it relates to a a legal opinion regarding the issue of a bankruptcy or insolvency of a Municipal Services Corporation. 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
Page
9 - 18
Adoption of Minutes a) Minutes of Meeting held October 20, 2021 Resolved That the minutes of the regular Council meeting held October 20, 2021 be adopted.
19 - 26
b)
Minutes of Committee of the Whole Meeting held October 25 and 26, 2021 Resolved That the minutes of the Committee of the Whole meeting held October 25 and 26, 2021 be adopted.
Deputations and/or Presentations Proclamations 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.
27 - 42
Briefings a) Mr. Kelly Pender, Chief Administrative Officer, will provide Council with his monthly CAO briefing. b)
Mr. Alex Lemieux, Director of Corporate Services/Treasurer will brief the Committee of the Whole with respect to proposed amendments to the 2022 Budget.
Unfinished Business Recommend Reports from the Chief Administrative Officer
Page 2 of 112
Page 43 - 45
a)
2021-099 Corporate Services By-law to Declare Lands Legally Described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 PART 4 Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error Recommendation: Be It Resolved That the Council of the County of Frontenac accept the Corporate Services – By-law to Declare Lands Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error report; And Further That in accordance with By-law 17-1995 the Council of the County of Frontenac pass a by-law later in the meeting to declare lands legally described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 PART 4 surplus for the purpose of correcting a previous land purchase registration error; And Further That the Clerk be directed to give public notice of Council’s intention in accordance with By-law No. 17-1995.
46 - 49
b)
2021-101 Fairmount Home Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021, Schedule 1 Fixing Long Term Care Act, 2021 Recommendation: Be It Resolved That the Council of the County of Frontenac receive the Fairmount Home – Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021, Schedule 1 Fixing Long Term Care Act, 2021report.
Page 3 of 112
Page 50 - 55
c)
2021-103 Office of the Chief Administrative Officer Fairmount Home Funding 2021-23 Recommendation: Be It Resolved that the Council of the County of Frontenac receive the Fairmount Home Funding 2021-23 report for information; Whereas the Province of Ontario provided the County of Frontenac with a Long-Term Care funding announcement for Fairmount Home on October 22, 2021; And Whereas the funding announcement will permit the County to accelerate our priority to achieve an average of four hours of care and enhanced allied health care for Home residents; And Whereas funding commenced on November 1, 2021; And Whereas this funding announcement will provide sufficient funding to increase both direct care staff and allied health without the necessity to increase the municipal tax levy; And Whereas the Province has committed to continue to increase funding in future budget years (2023-25), resulting in the need for Fairmount management and Human Resources to develop a comprehensive staffing plan; And Whereas there is an urgency to commence hiring decisions due to the shortage of healthcare personnel, and in order to demonstrate to the Province our continued commitment to the improved hours of care model; Now Therefore the Council of the County of Frontenac direct Fairmount management to immediately commence hiring of Long-Term Care employees in order to maximize the Provincial funding; And Further that such hiring not impact the municipal levy for 2022 or subsequent years; And Further that Fairmount management provide County Council with an update as early as possible in 2022, including plans for the hiring required in subsequent years in order to achieve the Provincial target of four hours of care.
Page 4 of 112
Page 56 - 87
d)
2021-104 Office of the Chief Administrative Officer Communal Services – Draft Business Case – Review of Comments Recommendation: 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.
88 - 95
Information Reports from the Chief Administrative Officer a) 2021-098 Corporate Services 2021 Third Quarter Financial Summary and Outlook
96 - 101
b)
2021-100 Corporate Services 2022 Reserve and Reserve Funds Projection
102 - 103
c)
2021-102 Fairmount Home Quarterly Update Activity Report
104 - 106
d)
2021-105 Planning and Economic Development Load Restrictions on Elbow Creek Bridge
107 - 108
Reports from Council Liaison Appointees a) Long Term Care (Fairmount Home) - Councillor Martin Reports from External Boards and Committees Reports from Advisory Committees of County Council
Page 5 of 112
Page 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 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 Vaughn regarding a resolution endorsing Teen Driver Safety Week and review of measures impacting new drivers [Distributed to Members of County Council October 22, 2021] b)
From the Ontario Good Roads Association Calling for Nominations for 2022-2023 Board of Directors [Distributed to Members of County Council October 22, 2021]
c)
From the Township of Larder Lake regarding a resolution supporting OHIP eye care [Distributed to Members of County Council October 22, 2021]
d)
From Port Colborne re: Support City of Sarnia Renovictions [Distributed to Members of County Council October 29, 2021]
e)
From Southern Frontenac Community Services - Reporting summary Transportation Services Q3 September 30, 2021 [Distributed to Members of County Council October 29, 2021]
f)
From CUPE regarding the Independent Review of OMERS’ Investment Performance [Distributed to Members of County Council November 5, 2021]
g)
From the City of Kitchener regarding a resolution on Renovictions [Distributed to Members of County Council November 5, 2021]
h)
From the City of Kitchener regarding a resolution requesting the Province to provide funding support for Vaccine Passport Program [Distributed to Members of County Council November 5, 2021]
Page 6 of 112
Page i)
From the Municipality of Leamington regarding a resolution on Optometrist OHIP coverage [Distributed to Members of County Council November 5, 2021]
j)
From the SFCSC providing its November 2021 Newsletter [Distributed to Members of County Council November 5, 2021]
k)
From the Rural Frontenac Community Services providing its Q3 Transportation Report [Distributed to Members of County Council November 5, 2021]
l)
From the Town of Bracebridge regarding a resolution on Renovictions [Distributed to Members of County Council November 12, 2021]
m)
From Advantage Ontario regarding Deputy Premier Christine Elliot speaking on the future of Ontario Health System [Distributed to Members of County Council November 12, 2021]
n)
From the Lake of Bays regarding a resolution to support COVID-19 Funding [Distributed to Members of County Council November 12, 2021]
o)
From the Lake of Bays regarding a resolution to support Bridge and Culvert Replacements [Distributed to Members of County Council November 12, 2021]
p)
From the Municipality of Mattice - Val Cote regarding a resolution to postpone Property Assessment updates [Distributed to Members of County Council November 12, 2021]
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) and b) that have been circulated to all Members of County Council and that bylaws a) and b) be read a first and second time. b)
Third Reading Resolved That by-law b) be read a third time, signed, sealed and finally passed. By-Laws
Page 7 of 112
Page 109 - 110
a)
To declare lands Legally Described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 Part 4 Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error [Proposed By-law No. 2021-0032]
111 - 112
b)
To confirm all actions and proceedings of County Council on November 17, 2021 [Proposed By-law No. 2021-0033]
Adjournment
Page 8 of 112
AGENDA ITEM #a)
Minutes of the Regular Meeting of Council October 20, 2021 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, October 20, 2021 and was called to order at 9:00 a.m. Regular business commenced at 9:30 a.m. There was a “Closed Meeting” of the Committee of the Whole from 9:00 am to 9:20 am. Present:
Warden Ron Vandewal, Deputy Warden Denis Doyle, Councillors Fran Smith, Ron Higgins, Bruce Higgs, Bill MacDonald, Alan Revill and Alternate Councillor Fred Fowler (on behalf of Councillor Gerry Martin)
Regrets
Councillor Gerry Martin
Also Present:
County: Kelly Pender, Chief Administrative Officer Jannette Amini, Manager of Legislative Services/Clerk Alex Lemieux, Director of Corporate Services/Treasurer Gale Chevalier, Chief/Director of Emergency & Transportation Services Joe Gallivan, Director of Planning and Economic Development Susan Brant, Administrator, Fairmount Home Richard Allen, Manager of Economic Development
Closed Session Motion #: 156-21
Moved By: Seconded By:
Councillor MacDonald Councillor Higgs
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 September 15, 2021
- 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 Carried
Page 9 of 112 Minutes of Meeting held October 20, 2021
AGENDA ITEM #a)
Motion #: 157-21
Moved By: Seconded By:
Councillor Smith Deputy Warden Doyle
Resolved That Council rise from Committee of the Whole closed session without reporting Carried Approval of Addendum Disclosure of Pecuniary Interest and General Nature Thereof There were none. Adoption of Minutes a)
Minutes of Meeting held September 15, 2021
Motion #: 158-21
Moved By: Seconded By:
Councillor Smith Deputy Warden Doyle
Resolved That the minutes of the regular Council meeting held September 15, 2021 be adopted. Carried Deputations and/or Presentations Proclamations a)
GIS Day November 17, 2021
Motion #: 159-21
Moved By: Seconded By:
Councillor Revill Councillor MacDonald
Whereas Geography Awareness Week is November 15 - 19, 2021; And Whereas International Geographic Information System (GIS) Day is November 17, 2021; And Whereas Geography Awareness Week promotes GIS and geographic literacy; And Whereas GIS is an important part of geography awareness; And Whereas the County of Frontenac is committed to expanding GIS awareness throughout the County in order to showcase real-world applications with GIS.
Regular Meeting of Council Minutes October 20, 2021
Page 10 of20, 112 Minutes of Meeting held October 2021
Page 2 of 10
AGENDA ITEM #a)
Now Therefore Be It Resolved That the Council of the County of Frontenac hereby proclaims November 17, 2021 as GIS Day in Frontenac County. Carried Move into Committee of the Whole Motion #: 160-21
Moved By: Seconded By:
Councillor Higgs Councillor Smith
That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Carried Briefings a)
Dr. Piotr Oglaza, new Medical Officer of Health,KFL&A Public Health, presented to County Council, highlights of Public Health programs and services along with an overview of the its draft 2022 budget.
b)
Ms. Laura Carter, CEO/Chief Librarian, Kingston Frontenac Public Library, presented to County Council, highlights of the library programs and services along with an overview of the Library’s draft 2022 budget.
c)
Ms. Ruth Noordegraaf, City of Kingston Housing and Social Services, presented to County Council, highlights of the Housing and Social Services programs along with an overview of the draft 2022 budget.
d)
Ms. Desiree Kennedy, CFO and City Treasurer, City of Kingston, presented to County Council, highlights of the Provincial Offences Act (POA) budget.
e)
Mr. David Townsend, Executive Director, Southern Frontenac Community Services Corporation (SFCSC), presented to County Council, highlights of the SFCS Seniors Transportation program along with an overview of the draft 2022 budget.
f)
Ms. Louise Moody, Executive Director, and Ms. Nicki Gowdy, Acting Program Administrator, Rural Frontenac Community Services (RFCS), presented to County Council, highlights of the Frontenac Transportation Services along with an overview of the draft 2022 budget.
Council recessed at 10:58 Council reconvened at 11:05 Regular Meeting of Council Minutes October 20, 2021
Page 11 of20, 1122021 Minutes of Meeting held October
Page 3 of 10
AGENDA ITEM #a)
g)
Mr. Kelly Pender, Chief Administrative Officer, provided Council with his monthly CAO briefing. Unfinished Business Recommend Reports from the Chief Administrative Officer
a)
2021-090 Planning and Economic Development – Extension of Approval of Draft Plan of Subdivision –Township of South Frontenac (Hartington) – County File #10T-2013/002 Motion #: 161-21 Moved By: Councillor Fowler Seconded By: Councillor Higgs Resolved That the Council of the County of Frontenac receive the report titled Planning and Economic Development – Extension of Approval of Draft Plan of Subdivision Hartington - County File 10T-2013/002; And Further That the Council of the County of Frontenac extend the draft approval for the plan of subdivision for the proposed Hartington subdivision for a period of two (2) years, to October 18, 2023. Carried b)
2021-091 Frontenac Paramedics - Transfer from Frontenac Paramedics Equipment Reserve for Purchase of Computer Equipment of New Electronic Patient Care Record Program Motion #: 162-21 Moved By: Councillor MacDonald Seconded By: Councillor Revill Resolved That the Council of the County of Frontenac receive the Emergency and Transportation Services –Transfer from Frontenac Paramedic’s Equipment Reserve for Purchase of Computer Equipment for new electronic Patient Care Record (ePCR) Program for information; And Further That Council approve the transfer of up to $56,045 of 2022 capital replacement reserves to be used in the 2021 budget year. Carried c)
2021-092 Planning and Economic Development – Frontenac K&P Trail Management Plan Considerations Motion #: 163-21 Moved By: Councillor Higgs Seconded By: Councillor Fowler Be It Resolved That County Council approve the amended Frontenac K&P Trail Management Plan dated October 20, 2021 subject to the following further amendments: Regular Meeting of Council Minutes October 20, 2021
Page 12 of20, 112 Minutes of Meeting held October 2021
Page 4 of 10
AGENDA ITEM #a)
- That Section 4.1.4 be amended to delete “Bell Rock Road” and replace with “Craig Road”;
- That Section 6.2.3 be amended to remove “north of Bell Rock Road” and replace with “at Craig Road”;
- That the number of Section 4 be corrected;
- That the proposed signage be amended to delete “Bell Rock Road” and replace with “Craig Road” And Further That staff engage with the Township of the Frontenac Islands on Phase 7 of K&P Trail development upon the completion of the Wolfe Island Canal Master Plan; And Further That staff engage with the Township of South Frontenac regarding motorized use of the K&P Trail in the Village of Verona upon the completion of the Verona Housing Master Plan; And Further That recommendations for revenue generation, if approved by County Council, be added to the K&P Trail Management Plan after County Council receives the report assigned to Mr. Wayne Robinson; And Further That staff be directed to create a by-law to implement and enforce management policies on the Frontenac K&P Trail; And Further That subject to regular review of costs, the Management Plan be utilized as a guide for the development of operations budget and where applicable, contracted services. Carried As Amended (Note: This item was postponed from the September 15, 2021 Council Meeting. The below Motion to Amend was made and Carried at that meeting) Motion to Amend Motion #: 144-21
Moved By: Seconded By:
Councillor Revill Warden Vandewal
Be It Resolved That the motion be amended as follows:
- That Section 4.1.4 be amended to delete “Bell Rock Road” and replace with “Craig Road”;
- That Section 6.2.3 be amended to remove “north of Bell Rock Road” and replace with “at Craig Road”;
- That the number of Section 4 be corrected;
- That the proposed signage be amended to delete “Bell Rock Road” and replace with “Craig Road” Carried Deputy Warden Doyle passed the Chair to Warden Vandewal at 11:35 a.m. Deputy Warden Doyle took back the Chair from Warden Vandewal at 11:40 a.m.
Regular Meeting of Council Minutes October 20, 2021
Page 13 of20, 112 Minutes of Meeting held October 2021
Page 5 of 10
AGENDA ITEM #a)
d)
2021-093 Corporate Services - Frontenac Howe Islander Ferry Fees and Fares Schedule
Motion #: 164-21
Moved By: Seconded By:
Councillor Smith Warden Vandewal
Resolved That Council of the County of Frontenac receive the Corporate Services – Frontenac-Howe Islander Ferry Fees and Fares Schedule report; And Further That a by-law be introduced later in the meeting to adopt the 2022 Frontenac-Howe Islander Ferry Fees and Fares Schedule. Carried e)
2021-094 Office of the Chief Administrative Officer - LiDAR Acquisition Motion #: 165-21 Moved By: Councillor Revill Seconded By: Councillor MacDonald Be It Resolved that the Council of the County of Frontenac receive the LiDAR acquisition report for information; And Further That the Council of the County of Frontenac support the acquisition of highly detailed and accurate LiDAR mapping for the Frontenac region; And Further That the Council of the County of Frontenac authorize staff to enter into an Agreement with the four conservation authorities being: Rideau Valley Conservation Authority, Mississippi Valley Conservation Authority, Cataraqui Region Conservation Authority, and Quinte Conservation for LiDAR Acquisition; And Further That the Council of the County of Frontenac support the County being the lead applicant of a joint application being submitted to the municipal modernization program (Intake 3), on behalf of the four Townships, to cover a portion (up to 65%) of the costs associated with acquisition and storage; And Further That if the application for municipal modernization funding is successful that Council authorize the Warden and Clerk to enter into a transfer payment agreement with the Province of Ontario; And Further That the remaining $23,000 of the project be funded from the levy; And Further That if the application for municipal modernization funding is unsuccessful that the additional funds be expensed from the stabilization reserve. Carried Information Reports from the Chief Administrative Officer
Regular Meeting of Council Minutes October 20, 2021
Page 14 of20, 112 Minutes of Meeting held October 2021
Page 6 of 10
AGENDA ITEM #a)
Reports from Council Liaison Appointees Reports from External Boards and Committees a)
Food Policy Council of KFL&A Submission by CouncillorHiggs Reports from Advisory Committees of County Council Return to Council
Motion #: 166-21
Moved By: Seconded By:
Councillor Higgs Councillor Smith
That Council revert from Committee of the Whole Council, to Council. Carried Adoption of the Report of the Committee of the Whole Council Motion #: 167-21
Moved By: Seconded By:
Deputy Warden Doyle Councillor Fowler
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)
From Northumberland County regarding a resolution on the Capital Gains Tax on Primary Residence [Distributed to Members of County Council September 24, 2021] From Northumberland County regarding a resolution and letter on proceedings under the POA [Distributed to Members of County Council September 24, 2021] From the City of Sarnia regarding a resolution on Renovictions [Distributed to Members of County Council September 24, 2021] From the Township of Scugog regarding a resolution on 2021 Structure Inventory and Inspections
Regular Meeting of Council Minutes October 20, 2021
Page 15 of20, 112 Minutes of Meeting held October 2021
Page 7 of 10
AGENDA ITEM #a)
e) f) g) h) i) j) k) l) m) n) o) p) q) r) s) t)
[Distributed to Members of County Council September 24, 2021] From MMAH Minister Clark regarding expiration of temporary Regulations limiting municipal authority to regulate Construction Noise [Distributed to Members of County Council October 1, 2021] From the Municipality of Chatham-Kent regarding a resolution concerning Renovictions [Distributed to Members of County Council October 1, 2021] From the Municipality of Chatham-Kent regarding a resolution on OHIP coverage for Eye Care [Distributed to Members of County Council October 1, 2021] From the Town of Kingsville regarding a resolution to Save Eye Care Ontario [Distributed to Members of County Council October 1, 2021] From Councillor Higgs providing his Food Policy Report for October 2021 [Distributed to Members of County Council October 8, 2021] From the Municipality of Shuniah regarding a Letter of Support for Affordable Internet [Distributed to Members of County Council October 8, 2021] From the Municipality of Shuniah regarding a Letter of Support for a 988 Suicide and Crisis Hotline [Distributed to Members of County Council October 8, 2021] From the Municipality of Shuniah regarding a Letter of Support for Anti-hate Crimes and Incidents and Banning Symbols of Hate Act [Distributed to Members of County Council October 8, 2021] From the Southern Frontenac Community Services providing its October 2021 Newsletter [Distributed to Members of County Council October 8, 2021] From the Town of Niagara on the Lake regarding a Letter to Premier Ford on OHIP Eye Care [Distributed to Members of County Council October 8, 2021] From the Township of Alnwick Haldimand regarding a resolution supporting Lottery Licensing to Assist Small Organizations [Distributed to Members of County Council October 8, 2021] From Richard Lindgren, Counsel regarding Request for Extension of Draft Approval Hartington Subdivision [Distributed to Members of County Council October 15, 2021] From the Family and Children’s Services of Frontenac Lennox & Addington providing its 2020-2021 Annual Report [Distributed to Members of County Council October 15, 2021] From the Municipality of Grey Highlands regarding a resolution supporting Lottery Licensing for Small Organizations [Distributed to Members of County Council October 15, 2021] From the Township of Adelaide Metcalfe regarding resolution of support for Federal and Provincial Funding of Rural Infrastructure [Distributed to Members of County Council October 15, 2021] From the Township of Enniskillen regarding a letter to Minister of OMAFRA on the Cannabis Act [Distributed to Members of County Council October 15, 2021]
Regular Meeting of Council Minutes October 20, 2021
Page 16 of20, 112 Minutes of Meeting held October 2021
Page 8 of 10
AGENDA ITEM #a)
u)
From the Township of Enniskillen regarding a letter to the Minister of Health with respect to the Cannabis Act [Distributed to Members of County Council October 15, 2021] Other Business Public Question Period By-Laws – General By-laws and Confirmatory By-law
a)
First and Second Reading
Motion #: 168-21
Moved By: Seconded By:
Councillor Revill Councillor Fowler
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. Carried b)
Third Reading
Motion #: 169-21
Moved By: Seconded By:
Councillor Revill Councillor Fowler
Resolved That by-laws a) through c) be read a third time, signed, sealed and finally passed. Carried By-Laws a) b)
c)
To establish a fees and fares schedule for the Frontenac-Howe Islander Ferry operation for the year 2022 [Proposed By-law No. 2021-0029] To authorize the execution of a Transfer Payment Agreement with the Province of Ontario should the joint application to the Municipal Modernization Program (Intake 3) for LiDAR Acquisition and Storage be successful [Proposed By-law No. 2021-0030] To confirm all actions and proceedings of County Council on October 20, 2021 [Proposed By-law No. 2021-0031]
Regular Meeting of Council Minutes October 20, 2021
Page 17 of20, 112 Minutes of Meeting held October 2021
Page 9 of 10
AGENDA ITEM #a)
Adjournment Motion #: 170-21
Moved By: Seconded By:
Councillor Higgs Deputy Warden Doyle
That the meeting hereby adjourn at 11:45 a.m. Carried
Ron Vandewal, Warden
Regular Meeting of Council Minutes October 20, 2021
Page 18 of20, 112 Minutes of Meeting held October 2021
Jannette Amini, Clerk
Page 10 of 10
AGENDA ITEM #b)
Minutes of the Committee of the Whole Council October 25 & 26, 2021 A meeting of the Committee of the Whole Council of the County of Frontenac was held in hybrid format, hosted at the County Administrative Office, 2069 Battersea Road, Glenburnie on Monday, October 25, 2021 and was called to order at 9:00 a.m. The meeting reconvened on Tuesday, October 26, 2021 at 9:00 a.m. Present:
Warden Ron Vandewal, Deputy Warden Denis Doyle, Councillors Fran Smith, Ron Higgins, Bruce Higgs, Bill MacDonald, Gerry Martin and Alan Revill
Also Present:
County: Kelly Pender, Chief Administrative Officer Jannette Amini, Manager of Legislative Services/Clerk Alex Lemieux, Director of Corporate Services/Treasurer Barb McCulloch, Director of Human Resources David Millard, Manager of Frontenac Municipal Information Systems Gale Chevalier, Chief/Director of Emergency & Transportation Services Joe Gallivan, Director of Planning and Economic Development Sonya Bolton, Manager of Community Planning Richard Allen, Manager of Economic Development
Call to Order Deputy Warden Doyle called the meeting to order at 9:00 a.m. Adoption of Agenda Moved By: Seconded By:
Councillor Higgs Warden Vandewal
Resolved That the agenda for the October 25 and 26, 2021 meeting of the Committee of the Whole be approved. Carried Disclosure of Pecuniary Interest and General Nature Thereof There were none.
Page of 112 Minutes of Committee of the19 Whole Meeting held October 25 and 26, 2021
AGENDA ITEM #b)
Deputations and/or Presentations Reports a)
2021-096 2022 Draft Budget Business Plans and Project Proposals
Moved By: Seconded By:
Councillor Smith Councillor Martin
That the Council of the County of Frontenac receive 2022 Draft Budget - Business Plans and Project Proposals Report; And Further That Council approve the 2022-2026 Business Plans for inclusion in the 2022 Draft Budget deliberations; And Finally That Council include the following Project Proposals for inclusion in the 2022 Draft Budget deliberations: General •
Development Charge Study
Frontenac Paramedic Services • •
10-Year Paramedic Master Plan Budgeting Stretcher Oxygen Mount
Planning and Economic Development • •
County-Wide Community Improvement Plan Study Natural Heritage Study Update
Legislative Services •
$5,000 Increase to the Annual Accessibility Reserve Allocation
Human Resources • •
Confirm HR Generalist to a permanent position to support attendance management and labour and employee relations commencing January 1, 2022 Approve sourcing and implementation of Human Resources Management and Payroll System effective January 1, 2022 Carried with Agreed to Amendments
Mr. Pender welcomed everyone and provided an overview of the budget process and noted that the Provincial funding announcement for Long Term Care came in late Friday afternoon and as such, once staff review the funding announcement, it is anticipated Committee of the Whole Minutes October 25 and 26, 2021
Page of 112 Minutes of Committee of the20 Whole Meeting held October 25 and 26, 2021
Page 2 of 8
AGENDA ITEM #b)
that the numbers for the Fairmount Home project proposals will likely go down or be eliminated. He responded to questions raised. Mr. Lemieux provided an overview of the 2022 Draft Budget, Budget Challenges, and the 2021 Budget Context containing the draft tax rate increases and responded to questions on same. General Mr. Pender provided an overview of the Development Charge Study project proposal and answered questions on same. Comments were made that development charges have not deterred development and it was suggested that Townships who do not currently have Development Charges, consider looking at them at this time in conjunction with the County study. He provided a handout on Development Charges across other Upper Tiers which is attached to the record in the Clerk’s Office. There was no opposition from the floor on moving this Project Proposal forward. Human Resources Ms. McCulloch provided an overview of the Human Resources Services 2022-2026 Business Plan and Project Proposals and responded to questions on same. Key questions raised were in regards to whether the Townships might also participate in the Human Resources Management and Payroll System, to which Mr. Pender noted that this was offered to all Townships; however was declined. There was no opposition from the floor on moving the Confirmation of the HR Generalist to a permanent position to support attendance management and labour and employee relations commencing January 1, 2022 project proposal forward. There was no opposition from the floor on moving the approve sourcing and implementation of Human Resources Management and Payroll System effective January 1, 2022 project proposal forward. The Committee of the Whole recessed at 10:37 a.m. The Committee of the Whole reconvened at 10:51 a.m. Frontenac Municipal Information Services Mr. Millard provided an overview of the Frontenac Municipal Information Services 20222026 Business Plan and responded to questions on same. In terms of cyber security threats from staff working off site, it was noted that even off site, the user remains on the County’s security; however one level of security is lost, that being the firewall. We then rely on the local security of that device but user training
Committee of the Whole Minutes October 25 and 26, 2021
Page of 112 Minutes of Committee of the21 Whole Meeting held October 25 and 26, 2021
Page 3 of 8
AGENDA ITEM #b)
is key. The vulnerability lies in the behaviour of the users and these vulnerabilities exist off site including home, hotel when away at conferences or whenever off site. Frontenac Paramedics Chief Chevalier provided an overview of the Frontenac Paramedics 2022-2026 Business Plan and Project Proposals and responded to questions on same. Keys questions raised were the number of new hires anticipated and clarification around the downsizing of staff vehicles, to which the Chief advised that this refers to when the vehicle could not be staffed for that shift. In terms of hospital wait times, they have been good at KGH; however over the last few months we have seen significant delays as KGH also struggles with staffing issues. In terms of new bases, this comes from the ORH study and each time we look at a new station or resources, we reach out to them to again confirm the data. In terms of Queen’s Homecoming, discussions are ongoing but to this point, the County has not received any funding from Queen’s. There are 4 Community Paramedics and Chief Chevalier will get the exact number of patients they see each week. The goal of this program is to reduce the number of 911 calls. In regards to Community Paramedicine, this is a program separate from emergency response. Community Paramedics are by appointment and are able to make referrals before patients get to the point to have to call an ambulance. In terms of the Stretcher Oxygen Mount project proposal, and why it is proposed to be funded by the levy as opposed to it being funded through reserves, it is in the policy that the Capital Replacement Reserve only covers existing equipment. Since this is new equipment, it must go on the levy first and then be added to the reserve for future replacement. Mr. Pender noted that this type of expense in the future would be covered from development charges. Staff will look at other funding options and bring this back to the Committee of the Whole. These could be implemented very quickly and have a 10 year useful life cycle. There was no opposition from the floor regarding the Stretcher Oxygen Mount project proposal; however how it will be funded will be determined. Action Item Staff to bring forward alternate funding options In terms of the 10-Year Paramedic Master Plan Budgeting project proposal, staff advised that the County continues with the re-mounting program for vehicles which was approved by Council. We also continue to investigate the use of smaller vehicles as a cost savings; however should we go to smaller vehicles, we would not be able to continue on with the re-mounting program as you cannot remount on 2 different types and sizes of vehicles. It was questioned if the .65% dedication to the levy should be increased to .70% to eliminate the deficit in 2026. There was no opposition from the floor regarding the 10-Year Paramedic Master Plan Budgeting project proposal.
Committee of the Whole Minutes October 25 and 26, 2021
Page of 112 Minutes of Committee of the22 Whole Meeting held October 25 and 26, 2021
Page 4 of 8
AGENDA ITEM #b)
Council recessed at 11:50 a.m. Council reconvened at 12:20 p.m. Planning and Economic Development Mr. Joe Gallivan provided a high level overview of the Planning and Economic Development Department and responded to questions raised. Ms. Sonya Bolton provided an overview of the Planning Units 2022-2026 Business Plan and responded to questions raised. Mr. Joe Gallivan provided an overview of the status of the Sustainability Reserve, noting that had the County had a Development Charges by-law in place, it would have been used for many of the proposed studies currently being funded by the Sustainability Reserve. Mr. Richard Allen provided an overview of the Economic Development Unit’s 2022-2026 Business Plan and responded to questions raised. Mr. Joe Gallivan provided an overview of the Natural Heritage Study Update Project Proposals and responded to questions on same. In terms of the Natural Heritage Study Update, concerns were expressed about the water in North Frontenac, and asked if this study would be able to assess how much fresh water is available and the impacts on it from future development. Mr. Richard Allen provided an overview of the County-Wide Community Improvement Plan Study Project Proposals and responded to questions on same. It was clarified that this Community Improvement Plan is strictly based on economic development, including incentives to attract new businesses as well as assist existing businesses. There is sufficient staff knowledge to do this in house; however staff simply do not have the time capacity to do this. It was suggested to either change the name of the Community Development Reserve to the Economic Development Reserve or start a new Economic Development Reserve as that is where funds are required. There was no opposition from the floor regarding the County-Wide Community Improvement Plan Study. There was no opposition from the floor regarding the Natural Heritage Study Update. The Committee of the Whole recessed at 1:46 p.m. The Committee of the Whole reconvened on Tuesday, October 26th in the Frontenac Room, and was called to order at 9:00 a.m. Present:
Warden Ron Vandewal, Deputy Warden Denis Doyle, Councillors Fran Smith, Ron Higgins, Bruce Higgs, Bill MacDonald, Gerry Martin and Alan Revill
Committee of the Whole Minutes October 25 and 26, 2021
Page of 112 Minutes of Committee of the23 Whole Meeting held October 25 and 26, 2021
Page 5 of 8
AGENDA ITEM #b)
Also Present:
County: Kelly Pender, Chief Administrative Officer Alex Lemieux, Director of Corporate Services/Treasurer Jannette Amini, Manager of Legislative Services/Clerk Richard Allen, Manager of Economic Development Susan Brant, Administrator, Fairmount Home Kevin Farrell, Manager of Continuous Improvement Phil Piasetzki, Deputy Treasurer
K & P Trail Mr. Richard Allen provided an overview of the K & P Trail 2022-2026 Business Plan and responded to questions raised, including ongoing complaints and issues with motorized vehicles on portions of the trail and plans for future development which will go to Lanark County in 2022. Issues were also raised around hunting camps in the north whose only access is via the K&P Trail. In terms of benches, the question was raised around portapotties, to which Mr. Allen noted that these are being investigated by community groups as these would require maintenance and management. These will be included in the mapping of the trail. The question was also asked about how concerned the County should be in terms of liability, to which Mr. Allen stated that this is a recreational trail with signs posted cautioning users that they use the trail at their own work. During winter seasons, the snowmobile clubs assume liability. Liability from the County is centered more on the parking facilities. Legislative Services Ms. Amini provided an overview of the Legislative Services 2022-2026 Business Plan and project proposal responded to questions on same. There was no opposition from the floor regarding the $5,000 Increase to the Annual Accessibility Reserve Allocation. Council recessed at 10:06 a.m. Council reconvened at 10:12 a.m. Continuous Improvement and GIS Mr. Farrell provided an overview of the Continuous Improvement/GIS 2022-2026 Business Plan and responded to questions on same, including how often the County maps are updated, and why much of the information in the north and on the Islands is inaccurate, and will LiDAR assist with this.
Committee of the Whole Minutes October 25 and 26, 2021
Page of 112 Minutes of Committee of the24 Whole Meeting held October 25 and 26, 2021
Page 6 of 8
AGENDA ITEM #b)
Finance Mr. Piasetzki provided an overview of the Financial Services 2022-2026 Business Plan and responded to questions on same. Fairmount Home Mr. Pender noted that in light of Friday’s funding announcement, the proposed Project Proposal for a Recreationist – Part-time (PT4) is no longer required. He presented the Committee of the Whole with a proposed motion he would like to take to the November Council meeting which will allow staff to begin recruitment immediately. Ms. Emily Shoniker provided an overview of the Fairmount Home 2022-2026 Business Plan and responded to questions on same. Deliberations It was clarified that the capital 0.65% dedication expires in 2024 and the project proposal of 0.65% dedication to smooth out Frontenac Paramedics over the next 5 years will end in 2026. This only smooths out the County’s portion of the costs of Frontenac Paramedics. It was suggested that the Oxygen tank holders be funded from Reserves or eliminate it from the budget. Staff did note that the capital replacement reserve is currently underfunded. The question was posed to the Treasurer if the County will be in a position at year end to be in a deficit or a surplus, to which Mr. Lemieux suspected we would be fine due to re-start funding but cannot commit to that. The 0.65% dedicated reserve for Frontenac Paramedics is important and it was questioned if that 0.65% could be lowered. The Capital Replacement reserve is mandated under PSAB but a new policy/reserve could be established for the purchase of new capital. It was agreed that these projects should move forward but the Treasurer should come back to Council on how some of these projects could be funded through a reserve. Staff will also bring back the Reserve Report to Council for review. There should be some indication early in the New Year what the status of the 2021 budget was; however final numbers will be dependent on reports from external agencies such as the City of Kingston and POA revenues.
Committee of the Whole Minutes October 25 and 26, 2021
Page of 112 Minutes of Committee of the25 Whole Meeting held October 25 and 26, 2021
Page 7 of 8
AGENDA ITEM #b)
b)
2021-097 Office of the Chief Administrative Officer Public Meeting Budget Comments
Moved By: Seconded By:
Councillor Higgs Councillor MacDonald
That the Council of the County of Frontenac receive the Office of the Chief Administrative Officer – Grants to Others – Funding Requests from Outside Agencies/Member Municipalities report for information; And Further That Council forward the funding requests from outside agencies/member municipalities for draft budget consideration as follows: Food Policy Council of KFL&A
$500.00 Carried with Agreed to Amendments
Communications Motions, Notice of Which has Been Given Other Business Public Question Period Adjournment Moved By: Seconded By:
Councillor Revill Councillor Higgins
That the meeting hereby adjourn at 11:48 a.m. Carried
Committee of the Whole Minutes October 25 and 26, 2021
Page of 112 Minutes of Committee of the26 Whole Meeting held October 25 and 26, 2021
Page 8 of 8
November 17, 2021 Report 2021-10
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Administrative Report
AGENDA ITEM #a)
Page 28 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
CAO Schedule • • • • •
AGENDA ITEM #a)
• • • • • • • •
County Council, October 20 Regular Council Meeting, October 22 EOWC LTC Capital Project, October 22 Budget 2022, October 25 and 26 Procedural By-law Review Committee Meeting, October 27 EOWC LTC Study Kick-Off meeting, October 27 OMAA Online Symposium, October 28 Meeting with Deputy Warden Doyle, October 29 Remembrance Day, November 11 EOWC CAO’s Planning Meeting, November 12 County Council, November 17 EOLC meeting, November 17 Procedural By-law Review Committee Meeting, November 24
Page 29 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Update – EOWC and EOLC • EOWC – EOWC CAO’s Planning Meeting, November 12 • EOLC meeting, November 17 – Strategic Plan Review AGENDA ITEM #a)
Page 30 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
AMO Provincial Matters An updated policy and guideline has been approved to assist staff in developing fire management direction to guide wildland fire response and prescribed burning in provincial parks and conservation reserves. The Province is holding webinars on November 10th and 17th on the new Conservation Authorities Act regulations. Register by emailing ca.office@ontario.ca with “CAA Regulations Webinar” as the subject line. The province is hosting webinars on November 5th, 12th, 19th, 24th and 26th on the upcoming changes to excess soil regulations. Click on the dates to register, or email mecp.landpolicy@ontario.ca.
AGENDA ITEM #a)
The Ontario Waterpower Association (OWA) is collecting feedback from dam owners and the dam industry until October 31, 2021 to establish a baseline of information to expand and share knowledge across Ontario’s dam community. The province is hosting webinars throughout October and November on the significant changes to excess soil regulations coming into effect on January 1st, 2022. For information and to register, email mecp.landpolicy@ontario.ca.
Page 31 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Long-Term Care Home Act Changes • See Report 2021-101 for more details • While the new Act will address many of the current issues it will also place more responsibility/liability on Council and Administration • We remain concerned about the availability of health care staff
AGENDA ITEM #a)
Page 32 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
ROMA 2022 – January 23, 2022
AGENDA ITEM #a)
Program: • Taking a Pulse Check on Rural and Northern Health • Human Services Transformation for Poverty Reduction • The Continued Quest to Improve Connectivity in Ontario • OPP Detachment Board Implementation and Community Safety and Well Being Plans • Climate Change and Municipalities: How Community Energy Plans and Land Use Planning Can Help • Homelessness in Rural Ontario: Challenges and Opportunities • Code of Conduct for Municipally Elected Officials • Fines and Enforcement: Advancing the Local Administration of Justice • Navigating the New Regulations under the Conservation Authorities Act
Page 33 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Admin Office Project Update • • • • • •
•
•
AGENDA ITEM #a)
•
Tender closed for the front foyer project on October 26, 2021 All bids above the budget Working with the architect to determine the best course of action moving forward Did not award the contract Contractors notified by the Architect Grant deadline extended for the front entrance project into a larger project Foyer project to be included in larger project. Targeting early next year tender. Working on phasing options, likely a combination of staff working remotely or occupying other space Move in date: Late 2022 or early 2023
To Be Provided During the Meeting •
Page 34 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Staff Vaccination Update
AGENDA ITEM #a)
Page 35 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Communications Update The top social media post in October October, 2021 was about fall activities and goings-on at Fairmount Home.
Website Pageviews FrontenacCounty.ca InFrontenac.ca FrontenacMaps.ca
29,567 13,818 7,161
Social Media Engagement 3,536 783 234 1,566 164 22 58 818 1,133
Total engagements in October
58,860 -26% 22%
Change from September 2021 Change from October 2020
AGENDA ITEM #a)
County Facebook County Twitter County Instagram FPS Twitter Visit Frontenac Facebook Visit Frontenac Twitter Visit Frontenac Instagram Fairmount Facebook H.I. Ferry Twitter
Page 36 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Around Frontenac: Sweet Halloween treats for County Ferry passengers Frontenac Paramedics make 14 cardiac-arrest saves in 2020
AGENDA ITEM #a)
Page 37 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Planning Application Update - Townships •
North and Central Frontenac continue to see a large number of applications in October and November. By the end of November, planning staff will have handled 160 applications, which is 154% of the volume of 2020 applications .
•
The numbers here do not include files that have to be addressed more than once because of deferrals, pre-application proposals and meetings, or general inquiries about development, zoning, and lot creation.
28
20
2
North Frontenac
Central Frontenac Number of Applications
Frontenac Islands
AGENDA ITEM #a)
•
30 29 28 27 26 25 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
Page 38 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
K&P Trail Update • Improvements to Verona Trailhead to start later in November • Agreements with Snowmobile clubs begin December 1 • Monthly use still strong across the system in October (14,929) although use now at nearly half of July levels (27,799)
Pedestrian Cyclist Motorized
12000
9000
6000
0
July
August
September
October
AGENDA ITEM #a)
3000
Page 39 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
2021 HR Update
AGENDA ITEM #a)
• Leadership Team education – Kairos Blanket exercise provided by Knowledge Keeper and his son • Managing in a Unionized Environment coordinated for multiple municipalities – 46 attendees • Work with Fairmount management and union on scheduling changes for PSWs effective 2022 • 447 postings YTD • Coordination with Administrator re: Manager of Environmental Services • Retirement forecasting 2021-2026
Page 40 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
2021-2026 Retirement Forecast 2021
2023
2026
Over Age 65
3
12
28
Eligible for Early Unreduced Retirement
3
3
8
TOTAL Staff Eligible for Retirement
6
15
36
• •
5/149 (3.4%) age 60+ 1 eligible for immediate retirement
• •
11/149 (7.4%) age 60+ 2 eligible for immediate retirement
• •
13/149 (8.7%) age 60+ 5 eligible for immediate retirement
Fairmount Nursing
•
1/50 (2%) age 60+
•
2/50 (4%) age 60+
• •
3/50 (6%) age 60+ 1 eligible for immediate retirement
Fairmount PSW’s
1/94 (1.1%) age 60+ (now retired)
• •
5/94 (5.3%) age 60+ 2 eligible for immediate retirement
• •
11//94 (11.7%) age 60+ 2 eligible for immediate retirement
County Admin; NonUnion; Management
6/28 (21.4%) age 60+
• •
6/28 (21.4%) age 60+ 2 eligible for immediate retirement
• •
8/28 (28.6%) age 60+ 6 eligible for immediate retirement
AGENDA ITEM #a)
Paramedics
Page 41 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Key and Single-Incumbent Positions Eligible for Retirement
County Administration Position
Retire based on unreduced pension
Director of Planning & Ec. Dev.
2020
Chief Administrative Officer
2022
Occupational Health Nurse
2022
Director of Human Resources
2025
Service Desk Analyst
2025
Senior Financial Analyst
2025
AGENDA ITEM #a)
Page 42 of 112 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Other Staff Updates • •
Tricia Martell, Administrative Clerk, Fairmount Home (October 29, 2021) Congratulations to Jasmin Ignas, hired as new Administrative Clerk, Fairmount Home.
AGENDA ITEM #a)
AGENDA ITEM #a)
Report 2021-099 Council Recommend Report To:
Warden and Members of Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk Kevin Farrell, Manager of Continuous Improvement
Date of meeting:
November 17, 2021
Re:
Corporate Services – By-law to Declare Lands Legally Described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 PART 4 Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error
Recommendation Be It Resolved That the Council of the County of Frontenac accept the Corporate Services – By-law to Declare Lands Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error report; And Further That in accordance with By-law 17-1995 the Council of the County of Frontenac pass a by-law later in the meeting to declare lands legally described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 PART 4 surplus for the purpose of correcting a previous land purchase registration error; And Further That the Clerk be directed to give public notice of Council’s intention in accordance with By-law No. 17-1995. Background During the mid 2000’s, the County of Frontenac began the process of acquiring the former K & P Rail Line from Bell for the purposes of developing the K & P Trail. Records would indicate that the initial lands were purchased at a price of $83,669 for lands in the Township of South Frontenac and $59,047.59 for portions in the Township of Central Frontenac. These costs were based on the purchase price being calculated on the actual length of the lands at a rate of $3,278.60 per kilometre. In terms of the property in question, records from the Land Registry Office show the earliest registration dates back to 1972. In 1991, the former rail line was transferred to Sharon Desroche at a cost of $1 with a transfer and quit claim occurring in 1992 in favour of Bell Canada.
43By-law of 112to Declare Lands Legally Described as… 2021-099 Corporate Page Services
AGENDA ITEM #a)
In 2008, through Registration Number FR772878, Bell Canada transferred the lands to the County of Frontenac at a cost of $83,669. As noted above, through legal correspondence found on file, it would appear the $83,669 was the cost of the acquisition of the entire former rail line owned by Bell in the Township of South Frontenac. As noted above, Registration Number FR772878 saw the lands transferred in favour of the County of Frontenac for $83,669. PIN # 362380042 was transferred to the County, which included both the rail line as well as the Subject (Desroche) lands noted in the below map:
The Municipal Property Assessment Corporation (MPAC) records clearly delineate 2 Assessment Rolls for this property, those being Roll #: 102901002017620 [legally described as Bedford Con 2 PT Lot 30 RP 13R19158 Part 4] for the K & P Trail, of which the County is owner and pays taxes on, and the other being Roll #: 102901002017600 [legally described as Bedford Con 2 PT Lot 30] which belongs to Desroche, who pays taxes on. Although the Roll Numbers or assessment parcels are correct, the PIN (ownership parcel) is not and identifies the County of Frontenac as the owner of the entire PIN [noted as the blue highlighted area in the above map] In the process of investigating options to transfer or severe a portion of their land, it came to the attention of the property owner that their lands were actually registered to the County of Frontenac. They are requesting that the County rectify this matter. Comments Although this matter pre-dates existing staff and no written documentation can be found to either support or deny the claim, the County is not in the business of purchasing large parcels of property and staff believe that when the rail line portion was purchased from Bell, a mistake was inadvertently made when the purchase was registered at the Land Registry Office. The purpose of this report is to correct this matter. Corporate Services – By-law to Declare Lands Legally Described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 PART 4 Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error November 17, 2021 Page 2 of 3
44By-law of 112to Declare Lands Legally Described as… 2021-099 Corporate Page Services
AGENDA ITEM #a)
Strategic Priorities Implications Priority 1 2.2
Get behind plans that build community vitality and resilience in times of growth and change.
Refine and invest in efforts to accelerate economic development — to grow businesses, attract more visits and expand the tax base.
Financial Implications Not sure what this might cost Organizations, Departments and Individuals Consulted and/or Affected Wayne Robinson (on behalf of the Desroche family)
Corporate Services – By-law to Declare Lands Legally Described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 PART 4 Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error November 17, 2021 Page 3 of 3
45By-law of 112to Declare Lands Legally Described as… 2021-099 Corporate Page Services
AGENDA ITEM #b)
Report 2021-101 Council Information Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Susan Brant, Administrator
Date of meeting:
November 17, 2021
Re:
Fairmount Home – Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021, Schedule 1 Fixing Long Term Care Act, 2021
Recommendation Be It Resolved That the Council of the County of Frontenac receive the Fairmount Home – Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021, Schedule 1 Fixing Long Term Care Act, 2021 report. Background The following information is an update regarding Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. Schedule 1 of Bill 37 is a proposed new act called Fixing Long Term Care Act, 2021. Comment On October 28, 2021, the Province of Ontario introduced Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. Schedule 1 of Bill 37 is a proposed new Act called Fixing Long Term Care Act, 2021 (Act). When passed into law, the new Act will replace and repeal the Long-Term Care Act, 2007 (LTCHA). Although the new Act maintains a significant portion of the LTCHA’s content, there are new contents which will be further explained when the associated Regulations are issued. The following preliminary summary outlines the new contents in the Act:
2021-101 FairmountPage Home 46 Bill of 37,112 Providing More Care, Protecting Seniors…
AGENDA ITEM #b)
•
Section 3 reorganizes the Residents’ Bill of Rights to provide additional rights including the right to palliative care, and the right to ongoing and safe support from their caregivers to support their wellbeing and quality of life
•
Sections 8, a target of an average of four (4) hours of direct care per resident per day is to be provided by Registered Nurses, Registered Practical Nurses and Personal Support Workers. Direct care targets are outlined in Sections 8(2) and 8(4) as follows: o An average of three (3) hours of direct care to be provided per resident per day no later than March 31, 2022 o An average of three hours (3) and fifteen (15) minutes of direct care to be provided per resident per day no later than March 31, 2023 o An average of three (3) hours and forty-two (42) minutes of direct care to be provided per resident no later than March 31, 2024 o An average of four (4) hours of direct care to be provided per resident per day no later than March 31, 2025
•
Section 9, a target has also been established for Allied Health Care Professionals. The target of an average of thirty-six (36) minutes of direct care is to be provided per resident per day. The targets are outlined in Sections 9(2), 9(3) and 9(4) as follows: o An average of thirty-three (33) minutes of direct care to be provided per resident per day no later than March 31, 2022 o An average of three-six (36) minutes of direct care is to be provided per resident per day no later than March 31, 2021
•
Section 23 mandates licensees to assign an infection prevention and control (IPAC) lead with primary responsibility for the IPAC Program. The IPAC lead must have the qualifications set out in the regulations.
•
Section 44 allows the Minister to establish a Long-Term Care Quality Centre to advance and share research on innovative and evidence-informed person-centered models of care, and any other functions or purposes provided for in the regulations
•
Section 81 mandates licensees to ensure screening measures are conducted in accordance with the regulations before hiring staff, accepting volunteers and agency staff.
•
Section 82 outlines the training requirements for staff including additional training that is required for leadership positions as set out in the regulations.
•
Section 90 mandates licensees to prepare and respond to pandemics and epidemics as part of every long-term care home’s emergency plans
Information Report to Council Fairmount Home – Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021, Schedule 1 Fixing Long Term Care Act, 2021 November 17, 2021 Page 2 of 4
2021-101 FairmountPage Home 47 Bill of 37,112 Providing More Care, Protecting Seniors…
AGENDA ITEM #b)
•
During an inspection, Section 154 allows the inspector the discretion to document that a licensee has remedied non-compliance before the end of the inspection, as opposed to the current process of issuing a written notification or other form of action in response to the non-compliance.
•
Section 158 enables an inspector or the Director to issue administrative monetary penalties in the amount set out in the notice if the inspector or Director is of the opinion that the licensee has not complied with a requirement under this Act
•
Section 159 and 161 authorize the Minister or the Director to suspend a license and allow the Minister or the Director to appoint or recommend the appointment of a supervisor to manage and operate a home
•
Section 192 doubles the fines that will apply to convictions for offences under the Act. When Bill 37 was introduced, the Province of Ontario announced their intention to hire individuals with law enforcement backgrounds to conduct investigations under the Act to support the prosecution of offences. o Under Section 192(1), every individual who is convicted of an offence under this Act is liable: ▪
(a) for a first offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than twelve (12) months, or to both and;
▪
(b) for a subsequent offence, to a fine of not more than $400,000 or to imprisonment for a term of not more than twelve (12) months, or to both
o Under Section 192(4), every corporation that is convicted of an offence under this Act is liable to a fine of not more than $500,000 for a first offence and to a fine of not more than $1,000,000 for a subsequent offence •
Section 192(3)1 of the Act continues to protect individuals who are directors or officers of a corporation that is the licensee of a non-profit long-term care home (municipal, territorial district, and First Nations homes), the individual is liable to a fine of not more than $4,000
Bill 37 is anticipated to pass into law by December 31, 2021 and the corresponding Regulations will be issued in early 2022. Sustainability Implications Not applicable Strategic Priority Implications Not applicable Information Report to Council Fairmount Home – Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021, Schedule 1 Fixing Long Term Care Act, 2021 November 17, 2021 Page 3 of 4
2021-101 FairmountPage Home 48 Bill of 37,112 Providing More Care, Protecting Seniors…
AGENDA ITEM #b)
Organizations, Departments and Individuals Consulted and/or Affected AdvantAge Ontario John Risk Law, Navigating Regulations, Review of Bill 37 Fairmount Home Management Team
Information Report to Council Fairmount Home – Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021, Schedule 1 Fixing Long Term Care Act, 2021 November 17, 2021 Page 4 of 4
2021-101 FairmountPage Home 49 Bill of 37,112 Providing More Care, Protecting Seniors…
AGENDA ITEM #c)
Report 202-103 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Susan Brant, Administrator, Fairmount Home Alex Lemieux, Director of Corporate Services/Treasurer Kelly Pender, Chief Administrative Officer
Date of meeting:
November 17, 2021
Re:
Office of the Chief Administrative Officer – Fairmount Home Funding 2021-23
Recommendation Be It Resolved that the Council of the County of Frontenac receive the Fairmount Home Funding 2021-23 report for information; Whereas the Province of Ontario provided the County of Frontenac with a Long-Term Care funding announcement for Fairmount Home on October 22, 2021; And Whereas the funding announcement will permit the County to accelerate our priority to achieve an average of four hours of care and enhanced allied health care for Home residents; And Whereas funding commenced on November 1, 2021; And Whereas this funding announcement will provide sufficient funding to increase both direct care staff and allied health without the necessity to increase the municipal tax levy; And Whereas the Province has committed to continue to increase funding in future budget years (2023-25), resulting in the need for Fairmount management and Human Resources to develop a comprehensive staffing plan; And Whereas there is an urgency to commence hiring decisions due to the shortage of healthcare personnel, and in order to demonstrate to the Province our continued commitment to the improved hours of care model;
Page of 112 2021-103 Office of the Chief50 Administrative Officer Fairmount Home Fundi…
AGENDA ITEM #c)
Now Therefore the Council of the County of Frontenac direct Fairmount management to immediately commence hiring of Long-Term Care employees in order to maximize the Provincial funding; And Further that such hiring not impact the municipal levy for 2022 or subsequent years; And Further that Fairmount management provide County Council with an update as early as possible in 2022, including plans for the hiring required in subsequent years in order to achieve the Provincial target of four hours of care. Background On Friday, October 22, 2021 the County officially received notice of the Provincial funding commitment for Fairmount Home for the period from November 1, 2021 to March 31, 2023. At our initial budget meeting on October 25, 2021, staff advised the Committee of the Whole that we would be withdrawing the project proposal for the hiring of a Recreationist as it would be covered under the funding notice. A draft of the staff recommended motion was provided to the Committee. Comment The purpose of this report is to confirm that the Recreationist position will be included and to provide direction to staff to begin the hiring process. Passage of this motion will initiate the hiring process and assist with the attraction of the highest quality candidates given the current challenges associated with hiring long-term care and healthcare workers. Strategic Priority Implications Continuing County Priorities ➢ ➢ ➢ ➢
Respect the taxpayer and keep tax increases close to the rate of inflation. Implement strategic plans for Fairmount Home and Frontenac Paramedics. 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 Passage of the staff recommendation will not have an impact on the County of Frontenac tax levy.
Recommend Report to Council Office of the Chief Administrative Officer – Fairmount Home Funding 2021-23November 17, 2021
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Organizations, Departments and Individuals Consulted and/or Affected AdvantAge Ontario
Recommend Report to Council Office of the Chief Administrative Officer – Fairmount Home Funding 2021-23November 17, 2021
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Hello Susan, Brant, As referenced in the Assistant Deputy Ministers’ letter on the Investments to Increase Direct Care Time for Residents and the launch of the Supporting Professional Growth Fund for LTC Homes, this letter provides additional information on the home level allocations for Fairmount Home for the Aged - County of Frontenac for this fiscal year, as well as applicable projected out-year allocations. Section A: RN, RPN, and PSW Staffing Supplement The chart below provides the detailed home level allocation for year one to increase the average hours of direct care provided by registered nurses (RNs), registered practical nurses (RPNs), and personal support workers (PSWs) from the system-level daily average of two hours and 45 minutes per resident, per day (based on 2018 data) to a system-level average of three hours per resident, per day by the end of this fiscal year. Also included is the notional out-year amount that will be allocated for your LTC home in relation to these investments. Home Name
Fairmount Home for the Aged - County of Frontenac
Per bed, per month for the RN, RPN, and PSW Staffing Supplement (Applicable for 5 months November 1, 2021- March 31, 2022 period)
$599.49
Monthly RN, RPN, and PSW Staffing Supplement (rounded to the nearest $100) (Applicable for 5 months November 1, 2021March 31, 2022 period)
$76,700
2021-22 RN, RPN, and PSW Staffing Supplement from November 2021 to March 31, 2022
$383,675
Out-Year-Notional Annual Allocations Note these amounts are subject to change based on several factors including but not limited to, budgetary approvals, occupancy, current bed count (excluding beds in abeyance), scheduled new beds expected to come online, and staffing data results. 2022-23 $922,140 - $939,336 2023-24 $1,629,576 - $1,775,712 2024-25 $2,109,900 - $2,565,408 Section B: Allied Health Professionals Staffing Supplement
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The chart below provides the detailed home level allocation for year one to increase the average worked hours by Allied Health Care Professionals from the system-level daily average of 30 minutes (based on 2018 data) to an average of 33 minutes per resident, per day by the end of this fiscal year. Also included is the notional out-year amount that will be allocated for your LTC home in relation to these investments. Home Name
Fairmount Home for the Aged - County of Frontenac
Per bed, per month for the Allied Health Professionals Staffing Supplement (Applicable for 5 months November 1, 2021March 31, 2022 period)
$112.94
Monthly Allied Health Professionals Staffing Supplement (rounded to the nearest $100) (Applicable for 5 months November 1, 2021March 31, 2022 period)
$14,500
2021-22 Allied Health Professionals Staffing Supplement Allocation from November 2021 to March 31, 2022
$72,280
Out-Year-Notional Annual Allocations (Note these amounts are subject to change based on several factors including but not limited to, budgetary approvals, occupancy, current bed count (excluding beds in abeyance), scheduled new beds expected to come online, and staffing data results. 2022-23 $173,736 - $176,976 2023-24 $198,240 - $217,224 2024-25 $186,768 - $227,196 Section C: Supporting Professional Growth Fund The chart below provides the detailed home level allocation to support education and training of staff in LTC homes. Home Name
Fairmount Home for the Aged - County of Frontenac
Per bed, per month for the Supporting Professional Growth Fund (Applicable for 5 months November 1, 2021- March 31, 2022 period)
$26.82
Monthly Supporting Professional Growth
$3,400
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Fund (rounded to the nearest $100) 2021-22 Supporting Professional Growth Allocation from November 2021 to March 31, 2022
$17,165
Thank you for your continued dedication and commitment to improving the quality of LTC in Ontario. Sincerely, Strategic Initiatives Branch Ministry of Long-Term Care Ltc.info@ontario.ca
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Report 2021-104 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Kelly Pender, Chief Administrative Officer Joe Gallivan, Director of Planning and Economic Development
Date of meeting:
November 17, 2021
Re:
Office of the Chief Administrative Officer – Communal Services – Draft Business Case – Review of Comments
Recommendation 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. 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
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DRAFT Business Case Study 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. A copy of the draft plan as amended by the above motion is appended to this report, Appendix A. The purpose of this report is to provide Council with an update on the circulation to the member municipalities/potential shareholders and seek Council’s direction. Comment The Communal Services Governance Committee has agreed that minor changes to the plan could be authorized by the Warden and Committee Chair, Deputy Warden Denis Doyle. Subsequently, 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. While the questions/comments are primarily technical or operational matters and the BCS is a governance/policy document, staff are recommending that the questions and comments be reviewed by Council and that public consultation be deferred to January
The South Frontenac Township areas of concern/questions and the County staff comments are provided in the table below:
Current Language
South Frontenac Comment
Staff Comment
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Current Language
Page 13, top of page, bullet #1 “Current Official Plan policies discourage communal services”
South Frontenac Comment Correction - SFT’s current Official Plan discourages private communal services only
Page 17, 3rd paragraph under Municipal Responsibility Agreements
Staff Comment Agreed. Recommend minor technical amendment
“Clarify within this business case if this would be the mechanism that would outline how and under “It is recommended that what terms the member each partner municipalities could be municipality enter into ordered to assume an Indemnity Agreement ownership of a with the MSC to limit communal system in the future liabilities.” event of MSC dissolution.”
Legal advice could be reviewed with Council in closed session.
Page 18, Asset Transfer Policy
The asset transfer section is a mandatory component of Ontario Regulation 599/06. Each municipality will be required to “adopt and maintain” this policy.
Entire section.
This section seems somewhat granular relative to the rest of the business case. Could it be included as an appendix instead?
Council direction required.
Removing it from body of the BCS may not be appropriate, and this type of detailed decision may be better left to an MSC at its initial stages. Council direction required.
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South Frontenac Comment
Current Language
Page 21, Financial consideration, paragraph three, “utilizing weighted tax assessment for the distribution …”
Recommend changing to “initial distribution”.
Agreed. Recommend minor technical amendment
Page 22, Borrowing from a Shareholder
Question:
Provide South Frontenac with the following comment:
“Are MSC’s eligible for provincial or federal grants such as the ICIP or other infrastructure programs, similar to the eligibility of Municipalities and Local Services Boards?”
Staff Comment
“While each grant application and situation will be different, one of the primary purposes/ drivers of the creation of EOWC, EORN and most recently the EOLC, has been to create an entity capable of applying for grants. Both EOWC and EORN have been very successful in receiving grants. The EOLC was incorporated earlier in 2021 for the primary purpose of applying for grants.”
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Current Language
Page, 24, Bankruptcy or Insolvency, last sentence “As a corporate entity, bankruptcy would not result in any financial obligations accruing [to] the shareholder municipalities.”
South Frontenac Comment Comment: “A reference or basis should be provided for this statement.”
Staff Comment Agreed. Suggest the following amendment: “In accordance with legal advice, as a corporate entity, bankruptcy would not result in any financial obligations accruing to the shareholder municipalities.” Legal advice could be reviewed with Council in closed session. Council direction required.
Page 25, Shareholder Withdrawal from the MSC. A 16 month minimum notice period will ensure sufficient time for the MSC and the remaining shareholders to resolve the requisite legal and personnel matters.”
Question:
Provide South Frontenac with the “What personnel matters following comment: might result from the “The dissolution of the withdraw of a shareholder, if the MSC may result in the systems within that lay off or transfer of municipality remain employees. The under the ownership of provision of the the MSC?” Employment Standards Act would apply.”
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Current Language
Page 25, Shareholder Withdrawal from the MSC. “Any municipality exercising their option to withdraw from the MSC will not be entitled to any assets of the corporation and will be required to pay their own legal expenses and the MSC.”
South Frontenac Comment Question: “Do the MSC or the remaining shareholders compensate the withdrawing municipality for the value of their shares in some way?”
Staff Comment Provide South Frontenac with the following comment: “No compensation is contemplated by this section.”
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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Frontenac Municipal Services Corporation Business Case Study FINAL DRAFT
For Discussion Purposes Only September 15, 2021
The Shareholders: The Township of North Frontenac The Township of Central Frontenac The Township of South Frontenac The Township of Frontenac Islands The County of Frontenac
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~ This Page Left Intentionally Blank ~
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Table of Contents Acknowledgements …………………………………………………………………………………………………………6 Terminology & Abbreviations……………………………………………………………………………………………7 Introduction……………………………………………………………………………………………………………………9 Figure One – Area Covered by the Proposed MSC ………………………………………………………….10 Background Documents …………………………………………………………………………………………………10 WSP Report #1 – County of Frontenac – Communal Services Study………………………………….10 WSP Report #2 – Communal Services Governance Model – Final Report ………………………….12 Definition of Communal Services …………………………………………………………………………………….13 Frontenac Readiness for Communal Servicing …………………………………………………………………..13 Table One – Summary of Frontenac Readiness for Communal Servicing……………………………14 Preferred Operational Model ………………………………………………………………………………………….16 Governance and Corporate Structure ………………………………………………………………………………17 Guiding Principles ………………………………………………………………………………………………………….17 Steps for Implementation……………………………………………………………………………………………….18 Table Two – Steps for Implementation …………………………………………………………………………18 Benefits of Communal Servicing………………………………………………………………………………………18 Municipal Responsibility Agreements ………………………………………………………………………………19 Risk Management………………………………………………………………………………………………………….19 Asset Transfer Policy………………………………………………………………………………………………………20 Scenario #1 – Transfer of Assets between Partnering Municipalities and the MSC with a Value Under $100,000 …………………………………………………………………………………………………………20 Scenario #2 – Transfer of Assets between Partnering Municipalities and the MSC with a Value Over $100,000. ………………………………………………………………………………………………………….21 Scenario #3 – Transfer of Assets Between the MSC and a Non-Shareholder Municipality Valued at Under $100,000 …………………………………………………………………………………………..21 Scenario #4 – Transfer of Assets Between the MSC and a Non-Shareholder Municipality Valued at Over $100,000. ……………………………………………………………………………………………22 Scenario #5 – Transfer of Assets Between the MSC and a Private/For Profit Entity or Individual ………………………………………………………………………………………………………………….22 Scenario #6 – Transfer of Assets Between the MSC and a Not-For-Profit/or Charitable Entity ………………………………………………………………………………………………………………………………..22 Financial Considerations…………………………………………………………………………………………………23 Borrowing from a Shareholder …………………………………………………………………………………….24 Ownership, Share Allocation and Voting ……………………………………………………………………….24 Table Two – Summary of Ownership, Share Allocation and Voting …………………………………..24
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Restrictions Regarding a Shareholder Dividend or Community Benefit Policy…………………….25 Scenario #1 – Unrestricted Dividend Policy……………………………………………………………………25 Scenario #2 – Restricted Community Benefit Policy………………………………………………………..25 Scenario #3 – Retained by the MSC for Investment in Projects Approved by the Shareholders ………………………………………………………………………………………………………………………………..26 MSC Duty to the Shareholders……………………………………………………………………………………..26 Bankruptcy or Insolvency…………………………………………………………………………………………….26 New MSC Shareholders……………………………………………………………………………………………….26 Shareholder Withdrawal from the MSC…………………………………………………………………………26 Dissolving of the MSC …………………………………………………………………………………………………27 Public Input ……………………………………………………………………………………………………………….27
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Acknowledgements The Participating Municipalities wish to thank the following individuals for their contribution to this report over the past two years. • • •
• • •
The WSP Canada Inc. team, including Nadia De Santi, Alec Knowles, Sagar Kancharla, Salah Koleilat, Caitlin Larwa Michael Wildman, Municipal Government Wayfinders Members of the Communal Services Governance Committee o Deputy Warden Denis Doyle (Chair), Mayor of the Township of Frontenac Islands o Warden Ron Vandewal, Mayor of the Township of South Frontenac o Councillor Frances Smith, Mayor of the Township of Central Frontenac o Councillor Ron Higgins, Mayor of the Township of North Frontenac o Ms. Gwen Glover, Citizen Appointee o Mr. Michael Keene, Citizen Appointee o Mr. Wayne Robinson, Citizen Appointee o Mr. Jim McIntosh, Citizen Appointee Jon Orpana, Environmental Planner, Ministry of the Environment and Climate Change Peter Sizov, Municipal Advisory, Ministry of Municipal Affairs The Councils and staff from the participating municipalities
Numerous members of the Frontenac development community contributed to the background and technical aspects of the various reports and meetings leading up to this Business Case Study. Their participation helped keep the process grounded in the reality of construction and development in Frontenac. The WSP team completed a best practice review of five similar municipal or joint services organizations. We are appreciative of their time and contribution to our project. Thank you to: • • • • •
The Township of Oro-Medonte Lakeland Holding Co. Grand Bend Area Joint Sewage Board Edwardsburgh/Cardinal & Prescott Joint Board Union Water Supply System
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Terminology & Abbreviations Abbreviation Full Name MSC Municipal Services Corporation FMSC FCSC
Frontenac
NF CF SF FI CofF Twp
Frontenac Municipal Services Corporation Frontenac Communal Services Corporation Frontenac
Township of North Frontenac Township of Central Frontenac Township of South Frontenac Township of Frontenac Islands County of Frontenac Townships
PM
Participating Municipalities
CS
Communal Services
MA
Municipal Act, S.O. 2001 BCS or Study Business Case
Definition/Description The generic reference to a service corporation established under the Municipal Act, S.O. 2001 and Ontario Regulation 599/06. Frontenac Municipal Services Corporation – the holding company anticipated by this Business Plan Frontenac Communal Services Corporation – the operating company anticipated by this Business Plan The geographic region encompassed by the municipalities, the County of Frontenac and the four constituent municipalities of the Township of North Frontenac, Township of Central Frontenac, Township of South Frontenac, and the Township of Frontenac Islands. The Lower Tier corporate entity operating under the Municipal Act, S.O. 2001. The Lower Tier corporate entity operating under the Municipal Act, S.O. 2001. The Lower Tier corporate entity operating under the Municipal Act, S.O. 2001. The Lower Tier corporate entity operating under the Municipal Act, S.O. 2001. The Upper Tier corporate entity operating under the Municipal Act, S.O. 2001. The collective lower tier municipalities, namely, North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands The municipalities participating in the development of this business plan and the anticipated Municipal Service Corporation. • Township of North Frontenac • Township of Central Frontenac • Township of South Frontenac • Township of Frontenac Islands • County of Frontenac The broad descriptor for centralized water and wastewater services provided to a group of homes or businesses. The legislative framework for the creation and operation of Ontario municipalities. The formal requirement under the Municipal
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Abbreviation
Full Name Study
MRA
Municipal Responsibility Agreements Communal Services Governance Committee
CSGC
Definition/Description Act, S.O. 2001 and Ontario regulation 599/06 as a precursor to the establishment of a Municipal Services Corporation. [Link to Regulation] The D-5-2 requirements of the Ministry of the Environment where private ownership of a communal service is established. The Committee established by Frontenac County to examine potential governance models for the implementation of a regional entity to oversee the operation of communal services in Frontenac
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Introduction This report has two primary objectives:
- Provided to the citizens of Frontenac to complete the requirement of the Business Case Study as required under the Municipal Act, S.O. 2001 and Ontario Regulation 599/06.
- Confirm the substantive elements of the Municipal Services Corporation for the partner Municipalities. Links to the legislation are provided as follows: Municipal Act – [Link] Ontario Regulation 599/06 – [Link] The BCS will focus on the guiding principles for the establishment of a Municipal Services Corporation with a mandate to own and/or operate communal services in Frontenac. The geographic region of Frontenac includes the upper tier municipality of the County of Frontenac. The County is an upper tier municipality established under the MA covering a jurisdiction from Lake Ontario in the south to north of Provincial Highway #7, including the lower tier municipalities of: Township of North Frontenac Township of Central Frontenac Township of South Frontenac Township of Frontenac Islands. Below, Figure One is a map of the area covered by this BCS and the proposed Municipal Services Corporation. https://www.frontenaccounty.ca/en/living/living.aspx
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Figure One – Area Covered by the Proposed MSC
Background Documents In preparation for this Study, the parties engaged the services of WSP Canada Inc. to complete two (2) studies examining the potential for using communal services as an alternative to individual or full services in Frontenac. This study will rely upon the findings of these two reports but will not attempt to reiterate all the salient points of the reports. The reader is advised to refer to the source documents for further clarification of the more technical aspects of CS, or the governance aspects of this issue. Citations in the BCS to the WSP documents will be referenced as Report #1 and Report #2. Where there is a conflict between this document and Reports #1 and 2, this document shall take precedence. Table of Contents and links to the two reports are provided below:
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WSP Report #1 – County of Frontenac – Communal Services Study WSP Canada Inc. June 2019 [Link to WSP Report - 2019] 226 Pages Table of Contents Executive Summary
- Introduction The Servicing Problem What are Communal Services? Why are Communal Services the Right Fit for the County of Frontenac? Study Purpose
- Community Overview Demographic Trends Land Use Historic Villages and Main Streets Housing Environment and Natural Heritage Climate Change and Risk
- Regulatory Framework Legislative and Regulatory Implications for Communal Servicing
- Existing Local Planning Context The Role of Conservation Authorities Official Plan Review Summary
- Communal Services Best Practices
- Engineering Best Practices
- Financial Model and Risk Mitigation Assumptions Methodology
- Conclusion Appendices A Federal and Provincial Regulatory Framework B County and Townships Planning Context C Draft Official Plan Policies D Engineering Best Practices E Engineering Best Practices – Attachments F Financial Model Sample Outputs As part of this report, the parties were provided with a comprehensive financial model that will allow for the modeling of expenditures, revenues and commodity pricing for installation and operation of communal services. County of Frontenac senior financial staff were provided with training on the model.
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WSP Report #2 – Communal Services Governance Model – Final Report WSP Canada Inc. 03 March 2021 [Link to WSP Report - 2021] 52 Pages Table of Contents
- Introduction Context Overview Communal Services Definitions Study Purpose, Objectives & Outcomes WSP Mandate Report Structure
- Best-Practice Review Governance and Management Structures Primary Research Approach Outcomes Summary Municipal Responsibility Agreements MRA Context and Requirements MRA Questions and Responses Risk Management and Other Findings
- Governance and Management Structure Model Assessments Overview Municipal Services Corporation (MSC) Structure Regulatory Requirements Timeline & Costs Joint Municipal Service Board Structure Regulatory Requirements Timelines & Costs County-Level Governance Structure Regulatory Requirements Timelines & Costs Risk Analysis and Model Recommendation Comparative Model Analysis Preferred Model Selection
- Model Implementation Next Steps for Implementation Implementation Recommendations Financial Considerations of Implementation and Return Appendices A Engagement Summary B Governance Model Cost Estimates Frontenac Municipal Services Corporation – DRAFT Business Case Study
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Definition of Communal Services For the purposes of the BCS, the WSP1 definition of communal services has been adopted. That definition is as follows: In principle, communal water and wastewater systems function similarly to centralized municipal services in terms of development of sewer connections to central sewage treatment and disposal facilities and/or to a communal well or water source and water-treatment facility for drinking water. Systems generally serve small-to-moderate development sizes with typical ranges between 10 to 300 units within each settlement area2, while the Ministry of the Environment, Conservation, and Parks (MECP) defines them as those serving a minimum of five units in a development. Communal systems are typically synonymous with “decentralized systems” and the terms are used interchangeably throughout this report. Within the above descriptions, the following communal water and wastewater system definitions apply: • Communal Water Systems: shared potable water systems, including collection from groundwater or freshwater sources and treatment to drinkingwater quality standards that are part of a communal service development. • Communal Wastewater Systems: shared facilities for the collection, treatment, and disposal of sewage that are part of a communal service development.
Frontenac Readiness for Communal Servicing Frontenac has also taken numerous steps to be ready for residential and commercial growth that will benefit from communal services. Table One below provides an overview of the efforts to date. Municipality
Table One – Summary of Frontenac Readiness for Communal Servicing Current Status
Frontenac Islands
•
•
•
Currently completing a Secondary Plan for the village of Marysville on Wolfe Island. Study completion will be in parallel to this report. Secondary Plan will set parameters for communal services. Expansion of the Wolfe Island Ferry and the doubling of ferry capacity to the Island will be completed in 2022. This will further exacerbate development pressures as Wolfe Island will become a reasonable “bedroom” community option for the City of Kingston Timelines: Communal servicing pressure anticipated in 2021-22.
1 Report #2, Section 1.1.1, page 15 2 For the purposes of the Business Case Study, the use of the term “settlement area” refers to the cluster
of units connected to the communal service and is not intended to be limited to existing settlement areas.
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South Frontenac
• • • • • • •
Central Frontenac
• •
•
North Frontenac
• • •
•
Current Official Plan policies discourage communal services Official Plan and settlement area boundary studies to commence in 2021. Completed a community strategic plan that identifies regional leadership and community building as goals for the municipality. Water quantity/quality issues exist in several areas and will require hydro-geological work in order to identify potential development areas (and likely eliminate others). Development/growth pressures from Kingston will increase development demand. Current “strip” development will not sustain growth Several settlement areas, namely Inverary, Battersea, Sydenham, Harrowsmith and Verona could see significant benefit from communal services Timelines: Development pressure is ongoing – Official plan, settlement boundary rationalization and hydrogeological work will likely mean that the first communal service projects will be in the approval process in the 202223 time frame. The Township Official Plan was approved by Council on July 13/21. The new O.P. will encourage communal services Waterfront policies in the new O.P. will encourage communal servicing in rural/lake front properties which will open up waterfront development potential for the community The Township has purchased a former school site in downtown Sharbot Lake with a view towards a mixed use communal service project. Planning for the project may include connections to other municipal facilities or business in the downtown core. Funding has been received to commence the engineering feasibility component of this project. Timelines: Current Official Plan and Zoning By-laws complete in 2017. Recognize communal servicing option Waterfront policies in the new O.P. and Zoning By-law encourage communal servicing in rural/lake front properties which will open up waterfront development potential for the community Timelines: Current
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County
•
• •
•
• • •
• •
Regional Planning Framework: o County Official Plan approved in 2016, update to commence in 2022. o Completed a Regional Roads Study in 2018 in order to permit a more expansive range of development options on non-municipal roads. o Population projections update complete. Completed a strategic plan in 2019 that emphasis continued economic growth and regional cooperation Completed a trail connection from the City of Kingston boundary to Clarendon (the K&P Trail), with the commitment to make the connection to the United States and Lanark County. Trail will be extended an additional 14 km north in 2021-22 effectively creating a regional trail corridor that is encouraging rural residential and commercial growth. In 2016 completed a “regional brand” for Frontenac and implemented the first regional economic development strategy. The brand roll out included a business ambassador program that has been successful in bringing nearly 200 businesses on board with the regional brand. The economic development strategy is anticipated to be refreshed in 2021 The County has participated and invested in regional broadband and cellular expansion in the area through the Eastern Ontario Regional Network (EORN). Selected as the preferred vendor by EORN, Rogers Communications has initiated the process of providing 5G cell to the County The County has participated and invested in the establishment of the Eastern Ontario Leadership Council and region wide economic development initiatives, including workforce development, innovation and transportation. The County is recognized as a regional leader in Continuous Improvement, utilizing Lean principles to drive efficiency. Timelines: Current
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Preferred Operational Model WSP Report Number #2 was supported by the Communal Servicing Governance Committee composed of the four Township Mayors and three citizen appointees. Together with WSP they completed a best practice review of five (5) existing service providers and three (3) governance structures including: • A Municipal Services Corporation • A Joint Municipal Board • County Level Governance The recommendation of WSP and the CSGC to the member municipalities was to initiate a process to develop a BCS for the implementation of a Municipal Services Corporation. This recommendation was subsequently endorsed by the Councils of the five participating municipalities.
Governance and Corporate Structure The recommended governance structure for the Corporation3 was detailed by WSP and endorsed by the CSGC as a two MSCs:
- A Holding MSC – for the purposes of this report, named the Frontenac Municipal Services Corporation (FMSC)
- An Operating MSC – for the purposes of this report, named the Frontenac Communal Services Corporation (FCSC) All shares in the Operating MSC will be owned by FMSC. WSP describes the benefits to this structure as providing the ability to: a) Establish additional operating MSCs in the future that are held by the Holding MSC; and b) Extend service and/or ownership to other municipalities by limiting purchasing and voting powers to Holding MSC shares only.
Guiding Principles The following guiding principles have been established for the Business Case Study and the Frontenac Municipal Services Corporation:
- The establishment of the FMSC will not impinge upon the planning authority of any participating municipality, but rather will provide guidance and/or preapproval for communal systems that will either be owned/operated or operated by the MSC that will lead to faster approvals by the respective planning authorities and reduce costs for developers and eventually purchases/owners of serviced units
- One of the primary drivers for the establishment of a MSC for the ownership and operation of communal services is the ability to spread risk by 3 Report #2, Section 3.2.1, page 23
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aggregating assets. As such, the partners agree that the MSC will be the owner/operator for communal services 3. It is recognized that the operational aspects of the MSC will evolve slowly as units are constructed and that it may take several years to reach critical mass. It is understood that the Operating Board will be responsible for determining the best operating model and that it is likely that at the outset contracted operating services will be the predominant model 4. The existing Water Treatment and distribution system in the Village of Sydenham, Township of South Frontenac will remain under the ownership and control of the Township and will not be transferred to FMSC upon incorporation. There will be no mechanism or expectation that the system will be transferred to the FMSC. Only the Township of South Frontenac Council will be able to make such a determination. 5. The County of Frontenac would be a non-voting shareholder in the MSC.
Steps for Implementation WSP Report #2 (page 7), sets out the necessary steps for the establishment of the MSC. Table Two below sets the seven steps.
Table Two – Steps for Implementation Step Status Formally Confirm MSC Selection Complete Undertake a Business Case Study This Document Hold Public Consultations Pending Adopt of the Business Case by Council(s) Pending Draft, Approve and Pass Necessary Pending Agreements & Documents Develop and Adopt an Asset Transfer Policy Pending Appoint MSC Boards, Officer/Directors, and Pending Transfer Assets
Benefits of Communal Servicing Within Frontenac, the use of private services dominates the residential and commercial landscape. Except for the Village of Sydenham water system, servicing largely consists of individual wells and septic systems. While this is efficient on a single home or business basis, it creates a number of issues for communities that are resolved or lessened by the installation of communal services, namely: • •
•
Risk: manages and spreads risk Environmental Protection and Aquifer Integrity: fewer wells drilled into an aquifer, thereby reducing the potential for ground water contamination from surface runoff Monitoring and Environmental Protection: communal services have stricter testing and reporting requirements than individual services
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• •
•
Increased density: thereby reducing the cost of municipal service delivery and improving community sustainability Efficient Land Use: Traditional rural pattern development results in approximately 0.57 residential units/hectare4, while the same site on communal services could result in 2.23 units/hectare5, or approximately 3.9 more residential units/hectare, thereby creating a more efficient use of land. Community Sustainability: o Residential units can be clustered to take advantage of access to recreation corridors such as the K&P or Cataraqui Trails or provide walkable communities that can help sustain rural communities and businesses o Existing communities can be serviced in a manner that will assist with rural community sustainability o Greater opportunity for main street development and redevelopment, including higher density and upper floor residential development o Communal service can be constructed in a scalable manner, thereby aligning costs with revenues for the developer and more reflective of the scale and pace of rural development o Business and/or industrial parks can be established utilizing a scalable communal services model, thereby making serviced employment an attractive option in a rural setting.
Municipal Responsibility Agreements For a full discussion of MRAs, please refer to Report #2 by WSP. It is the intention of partners that the majority of the communal services constructed moving forward will be owned and operated by the MSC, thereby negating the necessity for an MRA. It is recommended that each partner municipality enter into an Indemnity Agreement with the MSC to limit future liabilities. As a condition of a Subdivision or Condominium agreement, communal services would be the responsibility of the developer for a period to be determined by the MSC to establish a viable system, at which time ownership would transfer to the MSC. In the rare instances where an MRA is contemplated, the WSP reports provide various methods to reduce risk and limit liability. These same tools can be utilized by the MSC to guide the assumption of communal service assets.
4 Report #1, page 10, Figure 1-3 5 Report #1, page 11, Figure 1-4
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Risk Management The ability to manage and mitigate risk is an important element of the ownership and operation of communal services for municipalities. The establishment of a MSC provides the partner municipalities with the ability to pool and share risk. By aggregating risk, we mean the ability to spread risk across a portfolio of installations. The analogy is the provision of car insurance. Without a pooled model whereby, risk is spread across all insured drivers, each individual owner would be required to hold substantial savings in the event of an accident. By pooling the risk, the cost to any one individual is minimized and costs are lowered to the consumer. Similarly, the risk for one individual communal service failure requires far greater securities to protect the developer, homeowner, and municipality than if the risk is spread across ten installations. This approach has the added benefit of lowering development costs and improving home affordability, both at the time of purchase and for ongoing operating costs. For a more detailed discussion of the tools available to the MSC to mitigate risk, refer to Report #26.
Asset Transfer Policy At incorporation, FMSC will not hold any capital assets. Non-capital assets in the form of cash, will be transferred to the corporation in accordance with the financial contribution described in this document and detailed in Report #27. For clarity, this Policy does not apply to the transfer of communal service assets to the MSC by a developer under the terms of Subdivision or Condominium Agreement. For the capital assets other than noted above, four (4) options are provided. They are outlined as follows: Scenario #1 – Transfer of Assets between Partnering Municipalities and the MSC with a Value Under $100,000 Where the parties agree that an asset contemplated for transfer is valued at under $100,000, a transfer may be completed by motion of the shareholders of the FMSC and a motion of the appropriate shareholder municipality. Such a sale will be at a cash value agreed to between the parties. No option exists for such a transfer to involve the transfer of shares. The parties may agree to conduct the transfer of an asset under this limit, utilizing the terms and conditions described Option #2.
6 Report #2, Page 19-21 7 Report #2, Page 37-39
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It is understood that under Option #1: •
• •
either party may elect to initiate such a process, but that both parties will base any final decision in their own interest without undue influence from the other party that the above option may be initiated in the reverse (i.e., the transfer of an asset from the MSC to a shareholder municipality) the sole authority for the MSC will be a vote of the shareholders and for the municipality, the Council of the municipality disposing or acquiring the asset.
Scenario #2 – Transfer of Assets between Partnering Municipalities and the MSC with a Value Over $100,000. A shareholder municipality may solely elect to transfer an asset to initiate the process of transferring a municipal asset to the MSC. The FMSC (i.e., the holding company), acting in consultation with the MSC operating arm, may elect to accept the transfer and elect to compensate the municipality based on one of the following:
- A cash payment based upon the average of two (2) independent appraisals. One completed and paid for by the MSC and a second completed and paid for by the municipality. Both independent appraisals must be accompanied by: a. A statement that the company/individual is qualified and competent to make such an appraisal b. A statement that the company/individual is not in a position of conflict
- A payment of equivalent share in FMSC base upon the average of two (2) independent appraisals. One completed and paid for by the MSC and a second completed and paid for by the municipality. Both independent appraisals must be accompanied by: a. A statement that the company/individual is qualified and competent to make such an appraisal b. A statement that the company/individual is not in a position of conflict
- A combination of option 1 and option 2 above (i.e., x% cash payment and y% shares, where x + y = 100% of the appraised value) It is understood that under Option #2: •
• •
either party may elect to initiate such a process, but that both parties will base any final decision in their own interest without undue influence from the other party that the above option may be initiated in the reverse (i.e., the transfer of an asset from the MSC to a shareholder municipality) the sole authority for the MSC will be a vote of the shareholders and for the municipality, the Council of the municipality disposing or acquiring the asset.
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Scenario #3 – Transfer of Assets Between the MSC and a Non-Shareholder Municipality Valued at Under $100,000 Where an asset is proposed to be transferred between the MSC and a non-shareholder municipality and the parties agree that the value of the asset is less than $100,000, the parties may agree to a cash transaction at an agreed to fair market value. Scenario #4 – Transfer of Assets Between the MSC and a Non-Shareholder Municipality Valued at Over $100,000. A non-shareholder municipality may elect to transfer an asset to initiate the process of transferring a municipal asset to the MSC. FMSC may elect to accept the transfer and elect to compensate the municipality based on one of the following:
- A cash payment based upon the average of two (2) independent appraisals. One completed and paid for by the MSC and a second completed and paid for by the municipality. Both independent appraisals must be accompanied by: a. A statement that the company/individual is qualified and competent to make such an appraisal b. A statement that the company/individual is not in a position of conflict
- A payment of equivalent share in FMSC based upon the average of two (2) independent appraisals. One completed and paid for by the MSC and a second completed and paid for by the municipality. Both independent appraisals must be accompanied by: a. A statement that the company/individual is qualified and competent to make such an appraisal b. A statement that the company/individual is not in a position of conflict
- A combination of option 1 and option 2 above (i.e., x% cash payment and y% shares, where x + y = 100% of the appraised value) Scenario #5 – Transfer of Assets Between the MSC and a Private/For Profit Entity or Individual The transfer of any asset considered to be integral to the operation of a communal water or sewer system, may not be transferred to a private/for profit entity under any circumstance. Non-operationally integral capital assets valued at under $100,000 (e.g., a vehicle) may be transferred at an agreed upon fair market price, with a motion of the MSC Operational Board.
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Non-operationally integral capital assets valued at over $100,000 (e.g., a surplus property or equipment) may be transferred at an agreed upon fair market price, with a motion of the FMSC. Scenario #6 – Transfer of Assets Between the MSC and a Not-For-Profit/or Charitable Entity The transfer of any asset considered to be integral to the operation of a communal water or sewer system, may not be transferred to a Not-For-Profit/or Charitable Entity under any circumstances. Non-operationally integral capital assets valued at under $100,000 (e.g., a vehicle) may be transferred at an agreed upon fair market price, with a motion of the MSC Operational Board. Non-operationally integral capital assets valued at over $100,000 (e.g., a surplus property) may be transferred at an agreed upon fair market price, with a motion of the FMSC Board. The parties agree that the monetary limits presented may be amended from time to time by a majority vote the shareholders.
Financial Considerations Report #28 examined four options for the start-up of the MSC and the distribution of shares, namely:
- Weighted Tax Assessment
- Equal Allocation
- Weighted Population
- Hybrid Allocation Under all four options, the County of Frontenac would provide a 20% financial (nonvoting) contribution, resulting in the remaining 80% being divided between the four remaining partner municipalities. At the recommendation of the CSGC, the partners endorsed the option of utilizing weighted tax assessment for the distribution. The weighted assessment share will be determined based upon the percent share allocation as determined from assessment data provided by the Municipal Property Assessment Corporation (MPAC) on the date that incorporation of the MSC is received. The anticipated five (5) year requirement of the MSC is $696,8009. The partners will budget for the total amount of their share in the year of incorporation. A total of 20% of the allocated amount will be transferred to the MSC with thirty (30) days of 8 Report #2, pages 37-39 9 Report #2, page 39
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incorporation. It is anticipated that the MSC will “draw” against the remaining budgeted amount over a five-year period based upon the needs of the Corporation and a majority vote of the shareholders. For clarity purposes, the draw may be accelerated if development and installation of communal services is accelerated, or conversely, delayed if development is slowed. In any case, the total amount will be held in a designated reserve by the member municipality and will be transferred to the MSC with thirty (30) days of receiving notice to do so. The reserve may be held in an interest-bearing account by the partner municipality. Accrued interest will remain with the municipality and will not accumulate for the benefit of the MSC. Borrowing from a Shareholder While a primary benefit of establishing a MSC is the ability to borrow without affecting the Annual Repayment Limit (ARL) of a municipality, from time-to-time it may be prudent for a shareholder municipality to borrow on behalf of the MSC, or to provide such terms of borrowing from internal resources (i.e., reserves) as may be deemed expedient. Such borrowing shall be at fair market terms and rates as determined by the parties. Any such borrowing under $100,000 may be negotiated between the parties without the approval of the shareholders. Borrowing over $100,000 will be subject to a vote by the shareholders. A reciprocal arrangement (i.e., a shareholder municipality borrowing from the MSC) will be subject to a vote of the shareholders under all circumstances. Prior to borrowing being required under this provision, the MSC will establish a borrowing policy that identifies borrowing limits under this provision. Such policy will require the approval of the majority of shareholders. Under no circumstances will the MSC borrow from a non-shareholder municipality. Ownership, Share Allocation and Voting As structured, the shareholders would be represented by one (1) representative from each of the four (4) lower tier partner municipalities. With votes be weighted based upon the value of their shares at incorporation. For voting on any motion/by-law placed before the shareholders will be deemed to be carried if a minimum of two (2) shareholders, representing more than 50% of the shares votes in favour10. No single municipality can outvote the remainder of the shareholders. As noted above, the County will be a contributing, non-voting shareholder. Table Two below summarizes the ownership, share allocation and voting that will be utilized by the FMSC. Partner
Table Two – Summary of Ownership, Share Allocation and Voting Owner11 Voting on All Matters Distribution of Assets
10 Report #2, page 36
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Partner NF CF SF FI CoF
Owner11 Yes Yes Yes Yes Yes
Voting on All Matters Yes Yes Yes Yes No12
Distribution of Assets Yes Yes Yes Yes Yes
Restrictions Regarding a Shareholder Dividend or Community Benefit Policy A MSC can provide a dividend, or community benefit, to owners on a basis to be determined by the shareholders. As a matter of policy and practicality, the Frontenac MSC will not be in the financial position to distribute until such times as sufficient reserves and/or securities are accumulated to minimize the risk to shareholders. While this option is not a requirement, it is in the interest of the partners to establish the conditions under which such a policy may be considered. It shall be the policy of the MSC that no dividend or community benefit will be distributed to the owners unless the following conditions are met:
- A minimum of seven (7) years from the date of incorporation
- A statement from the auditing firm appointed by the MSC that the risk associated with the ownership and management of the communal services has been substantially ameliorated by a combination of accumulation of reserves, insurance, and/or securities
- A majority vote of the shareholders13 Should the above conditions be met, the shareholders will have three options for the use of a community benefit: Scenario #1 – Unrestricted Dividend Policy Community benefit can be used in any manner deemed appropriate to the shareholder municipality. Scenario #2 – Restricted Community Benefit Policy Community benefit can be used in a manner determined by the shareholders in a restricted manner. Potential examples include: •
Pre-engineering and/or feasibility studies for the expansion of services to an unserviced area or employment lands
11 The percent ownership will be determined based upon the percentage dollar contribution as determined
on the date of incorporation 12 Report #2, page 39 – Allocated to Lower Tier Municipalities based on weighted assessment on the date of incorporation 13 As currently structured, the Township of South Frontenac would have a veto over any the implementation of a dividend/community benefit policy. At the same time, SF plus the affirmative vote of one other municipality would be required in order to approve a policy.
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•
•
In conjunction with local improvement charges, utilized for the expansion of communal services in a serviced or un-serviced hamlet or subdivision. Such a policy could benefit all residents served by the MSC by expanding the risk pool, increasing density, and decreasing costs for users To be utilized for a specific community enhancement project that will benefit the entire region, for example recreation facilities
Under no circumstances will the MSC provide a community benefit that will place the ongoing viability of the MSC in jeopardy. Scenario #3 – Retained by the MSC for Investment in Projects Approved by the Shareholders To be utilized in a manner that will support or expand communal services or expand business opportunities. MSC Duty to the Shareholders The MSC will at a minimum, provide the shareholders with a detailed financial update at the Annual General Meeting of the Corporation, including a presentation of the audited financial statements of the MSC and the opportunity to question the Auditor. Within nine (9) months of incorporation, the MSC will present to the shareholders a business plan and five (5) year pro-forma budget to the shareholders for consideration and input. The plan will be revised by the Corporation annually and reviewed with the shareholders. A majority vote of the shareholders will require a full meeting of the MSC. The vote must state the purpose and general nature of the requirement for the meeting. The MSC will at all times have in place appropriate levels of insurance that covers the actions and decisions of the corporation and indemnifies the shareholders. Bankruptcy or Insolvency The MSC will make every reasonable effort to operate in a manner that will ensure the ongoing viability of the corporate entity, subject to annual audit opinions provided to the shareholders. As a corporate entity, bankruptcy would not result in any financial obligations accruing the shareholder municipalities. New MSC Shareholders The MSC may consider expansion of the shareholders by a two-thirds percentage vote of the shareholders. Such a vote will be supported by a business case study and, if applicable, an asset valuation as described in the Asset Transfer policy, plus a public meeting or meetings as determined by the shareholders. New shareholders must be a municipal entity. Should a new shareholder be approved, the shares in the corporation will be recalibrated based upon the weighted assessment on the date of approval, with the County of Frontenac shares being re-calculated accordingly. Frontenac Municipal Services Corporation – DRAFT Business Case Study
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Shareholder Withdrawal from the MSC A municipality wishing to withdraw from the MSC will be required to provide notice to the MSC prior to September 1st in any given calendar year, with an effective date of December 31st of the subsequent year. A 16 month minimum notice period will ensure sufficient time for the MSC and the remaining shareholders to resolve the requisite legal and personnel matters. Any municipality exercising their option to withdraw from the MSC will not be entitled to any assets of the corporation and will be required to pay their own legal expenses and the MSC. Dissolving of the MSC Where the Councils of all shareholder municipalities vote to dissolve the MSC, the noncash assets of the corporation shall be valued by an independent third party. Each party will be entitled to receive proceeds from the dissolution as follows:
- Communal Services physical assets located within the boundaries of their municipality
- Physical assets not related to the direct operation of communal services (e.g., rolling stock, office space, or maintenance operations) will be sold and the proceeds divided based upon the shareholder’s ownership stake on the date of dissolution. a. A shareholder may purchase such assets from the MSC for the appraised value. Where more than one shareholder expresses an interest in purchasing the asset, the successful shareholder will be randomly selected
- Net of all costs required to wind down the MSC, cash assets and liabilities will be divided based upon shareholder value on the date of dissolution. The parties may agree to appoint a mutually agreeable independent party to handle the disposition of assets for points 2 and 3 above. The costs of the independent party will either be deducted from the assets or apportioned to the shareholder based upon the value of their shares on the date of dissolution. All parties will be responsible for their own costs related to the dissolution. Public Input This document will be posted publicly on the Frontenac public engagement channel (www.engagefrontenac.ca) for a period of thirty (30) days, commencing on XXXX xx,
Citizens of Frontenac are invited to provide written comments through the engagement site or by attending a virtual public meeting to be held on XXXX xx, 2021. The social media channels of the partner municipalities may also be utilized to direct individuals to the engagement site or provide notice of the virtual public meeting. Please
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note that comments received through social media channels will not be considered as part of the public input phase component of the BCS. Respectfully Submitted On behalf of the Partner Municipalities This xx day of XXXX month, 2021.
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Repo rt 2021-098 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:
November 17, 2021
Re:
Corporate Services – 2021 Third Quarter Financial Summary and Outlook
Recommendation This report is for information purposes only. Background The County of Frontenac financial summary for the third quarter of 2021 is attached. Comment The County of Frontenac declared a state of emergency on March 26, 2020 in response to the COVID-19 outbreak. Starting in March, the County of Frontenac has responded with initiatives involving increased expenses on staffing, personal protective equipment, and other safety measures to address the health concerns caused by the pandemic and facilitate social distancing. These responses have continued into 2021. On December 30, 2020, the Province committed $238,000 under the Safe Restart Funding to offset 2021 operating pressures, with a further $238,277 committed on March 4, 2021. The funding commitment from the Province is appreciated and will help offset the cost pressures experienced with maintaining our services throughout the COVID-19 pandemic.
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Revenue The YTD operating revenue for the third quarter has exceeded budget totals by $3,054,028. The increase in Operating Revenue is mostly related to increases in provincial funding for COVID-19 response including: • • • •
•
$357,139 received for 2021 Safe Restart Funding to support ongoing Municipal operations $1,457,700 received from the Ministry of Health and Long-Term Care by Fairmount Home to address ongoing operational challenges associated with pandemic response $313,556 received from the Ministry of Health to support the Temporary Wage Increase for Direct Support Workers. This program funded by the Province provided eligible Personal Support Workers with a pay premium of $3/hour. $311,249 incurred from the Ministry of Health and Long-Term Care through the Community Paramedicine in Long-Term Care program. This program aims to keep individuals who are on the long-term care wait list, or who are soon to be eligible for long-term care, stabilized and in their own home for as long as possible $354,659 received in cost recovery for Paramedics working in the COVID-19 immunization clinics and assessment centre
User Fees for Fairmount are less than what was budgeted which can be tied to COVID19 response initiatives. During the pandemic, Fairmount Home retained eight beds for isolation purposes as mandated by the Ministry of Long-Term Care. In spring 2021, the number of isolation beds were reduced to four beds. New admissions have been delayed due to COVID-19 safety protocols. Provincial guidelines have also kept resident room rates frozen through 2021-22. Expenses As a whole for the County, expenses for 2021 have been above what was budgeted for through the first nine months of the year. Most increases in salaries and benefits are offset by other funding sources in the revenue line as they have been offset by pandemic response funding. As well, contracted services and materials have been tracking around budget, with further context below: Salaries and Benefits •
•
Salaries and benefits are above what was budgeted for, largely due to upstaffing in response to the COVID-19 pandemic. Frontenac Paramedics have assisted with staffing the COVID-19 Assessment Centre and Immunization Clinics. Paramedics have been added to assist with the Community Paramedicine LongTerm Care program, as well as other positions to assist with administration of the program. All positions are being fully funded by revenue envelopes with no impact to the ratepayer. Fairmount Home has also upstaffed by adding hours to rotations to ensure adequate staff was in place in response to the challenges faced with recruiting staff required to fill all shifts. Ontario Regulation 146/20 mandated long-term care
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employers to limit employees to one health service provider, long-term care home or retirement home, which resulted in a significant portion of our casual pool no longer able to pick up hours. The added costs are being offset by funding received by the province to address COVID-19. Materials • Timing of estimates for purchases resulted in the variances for materials. Expenses for building upkeep and computer hardware/software are still planned for 2021 but will occur later in the year than originally anticipated. • Through September, $292,400 has been spent on materials for infection prevention. The expenses incurred are predominantly for added costs of PPE (gowns, masks, visors, etc.). • Fuel costs are $34,978 over budget through September. With the current fuel prices near $1.50/litre, it is anticipated that fuel costs will be over budget for the year. • Travel costs, training costs and conferences were $107,790 under budget through the first nine months of the year. With social distancing measures and reduced in-person contact likely to be continued throughout the year, these costs will likely remain under budget for 2021. Contracted Services •
• •
Timing of estimates for purchases has also resulted in variances for contracted services. Purchases of contracted services for legal fees, vehicle and building maintenance were lower than expected the first nine months of 2021, though the total expense for the year is still anticipated to be near the budgeted amount for the year. Insurance costs have been incurred for 2021 and are $53,492 over budget. A number of insurance providers have gotten out of underwriting municipalities and most municipalities have seen double-digit increases the last two years. Expenses for special projects and WSIB insurance exceeded the budgeted amounts by $161,128 and $141,516 respectively, though these expenses will be covered by transfers from various reserves.
Net Capital Expense •
Purchases for one new ambulance and two remounted ambulances have occurred and been offset by the vehicle replacement reserve. Additionally, we have purchased defibrillators which were offset by the equipment replacement reserve.
•
Four vehicles have been purchased to launch the Community Paramedicine Long-Term Care program. These are fully funded by the Province through the Ministry of Health and Long-Term Care.
•
Fairmount has begun its capital replacement for 2021 and purchased replacements for beds and mattresses; however, due to the departure of the
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Facilities Manager and the extended lead times for capital procurement, it is anticipated that Fairmount’s capital spend will be under budget at year-end. •
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.
2021 Outlook The County of Frontenac has incurred additional, unbudgeted expenses to respond to the COVID-19 emergency and will likely continue to do so. Various revenue streams from the Province have been announced which will assist with offsetting costs and continued good financial stewardship should ensure that the County is able to cope with any further headwinds due to the COVID-19 pandemic. The Ministry of Health and Long-Term Care has announced on August 27, 2021 their supplemental funding in response to the COVID-19 pandemic to long-term care homes through the end of March 2022. This announcement brings the commitment of funding from the Ministry of Health and Long-Term Care for infection prevention and containment for 2021 to $972,600. Fairmount Home also received $611,300 in 2021 to top up expenses incurred between April 2020 and March 2021, of which $247,000 corresponds to expenses occurred between January and March 2021. The top-up for previous years’ expenses incurred in 2020 and received in 2021 means that Fairmount Home will be able to operate with an operating surplus for 2021. The Ministry of Health and Long-Term Care on October 22, 2021 announced supplemental investments to increase direct care time for residents and support education and training staff in Long-Term Care homes. As per their home-level allocation letter, Fairmount Home will receive the following amounts to cover the timeframe from November 1, 2021 to March 31, 2022: • $383,675 for Registered Nurses, Registered Practical Nurses and Personal Support Worker Staffing Supplement • $72,280 for Allied Health Professionals Staffing Supplement • $17,165 to support education and training of staff Frontenac Paramedics have incurred salaries and earned revenue in excess of what was budgeted for 2021, relating to programs full paid for by other parties including Community Paramedicine for Long-Term Care, staffing at the Mass Immunization Centre and COVID-19 Assessment Centre. General Land Ambulance costs are trending slightly above what was budgeted due to increased costs on materials and contracted services; however, provincial funding for Land Ambulance is projected to be $226,000 more than what was budgeted. It is anticipated the increases in costs for Land Ambulance will be offset by the increase in provincial funding, and the municipal contribution for Frontenac Paramedics will be close to what was budgeted for 2021. Marine Services has seen ferry ridership and revenue collection return to pre-COVID levels. Wages for Marine Services are above budget since the recommendations from the KPMG service review were only approved to be implemented after the budget was Information Report to Council Corporate Services - Finance - 2021 Third Quarter Financial Summary and Outlook November 17, 2021
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passed; however, the schedule of fees for 2021 had assumed the approval of these positions so user fees are above budget as well. The County is tracking to receive the 20% of revenue required to fund operations through pass and ticket sales. Strategic Plan Implications The mission of Frontenac County is “the effective, efficient and sustainable delivery of services to citizens”. Increasing demand for services, inflationary, contracted and mandated costs, plus new government policies and regulations, can cause pressure for budget increases. By publishing the quarterly financial report, the County ensures that the council and public is aware of the costs incurred by the County in relationship to the budget at a given point in time during the year. This enables the County to be accountable for its revenues and expenditures and ensures respect for the taxpayer. The quarterly financial report assists with the goal of the Strategic Plan “to anchor the County’s activities in the municipality’s mission and vision, adapt to the latest evidence and best practices, and respond effectively to circumstances”. Organizations, Departments and Individuals Consulted and/or Affected Senior Leadership Team Phil Piasetzki, Deputy Treasurer Kathie Shaw, Senior Financial Analyst
Information Report to Council Corporate Services - Finance - 2021 Third Quarter Financial Summary and Outlook November 17, 2021
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AGENDA ITEM #a)
2021
2021
September
YTD
Budget
YTD Budget
YTD Actual
Variance
Total Annual Spent
$
$
$
$
%
Operating Revenue Taxation from Other Governments User Charges Payments in Lieu of Taxes Federal and Provincial
50,000
60,003
3,596,167
2,759,604
42,297
31,725
(60,003) 2,626,356
(133,248)
73.03%
(31,725)
17,102,568
12,863,546
15,743,278
2,879,732
92.05%
Provincial Offences Net Revenue
133,875
100,404
97,803
(2,601)
73.06%
Investment Income
120,000
90,000
104,314
14,314
86.93%
Other
816,426
590,194
911,146
320,952
111.60%
Transfers from Obligatory Reserve
851,884
Transfers from Reserve
344,797
3,750
70,357
66,607
20.41%
Total Operating Revenue
23,058,014
16,499,226
19,553,254
3,054,028
(84.80%)
Salaries & Benefits
31,743,442
23,913,382
25,348,311
1,434,929
79.85%
Materials
3,705,871
2,244,265
2,276,499
32,234
61.43%
Contracted Services
7,856,541
5,813,128
5,881,835
68,707
74.87%
Rents & Financing
228,328
167,938
155,703
-12,235
68.19%
External Transfers
248,799
186,673
72,000
-114,673
28.94%
Depreciation
1,869,879
1,402,416
1,357,211
-45,205
72.58%
Reserve Transfers
1,818,312
40,252
40,252
Operating Expense
Unapproved Projects
2.21% #DIV/0!
Total Operating Expense
47,471,172
33,727,802
35,131,811
1,404,009
74.01%
Net Municipal Contribution
24,413,158
17,228,576
15,578,557
-1,650,019
63.81%
LESS: Depreciation
(1,869,879)
(1,402,416)
(1,357,211)
45,205
(72.58%)
Net Municipal Contribution LESS Depreciation
22,543,279
15,826,160
14,221,346
-1,604,814
63.08%
City of Kingston
-11,762,392
-8,815,708
-8,844,819
-29,111
75.20%
County Contribution - Operating
10,780,887
7,010,452
5,376,527
-1,633,925
49.87%
Capital Revenue
920,568
554,505
816,901
262,396
(88.74%)
Capital Expense
81.02%
1,202,616
868,616
974,393
105,777
Net Capital Expense
282,048
314,111
157,492
-156,619
55.84%
City of Kingston - Capital
-276,288
-206,706
-203,533
3,173
(73.67%)
County Contribution - Capital
5,760
107,405
-46,041
-153,446
799.32%
County Contribution - Debenture
210,295
243,352
123,857
-119,495
58.90%
10,996,942
7,361,209
5,454,343
-1,906,866
49.60%
Total Requisition
Information Report to Council Corporate Services - Finance - 2021 Third Quarter Financial Summary and Outlook November 17, 2021
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AGENDA ITEM #a)
2021
2021
September
YTD
Total Annual
Budget
YTD Budget
YTD Actual
Variance
Spent
$
$
$
$
%
Operating Revenue User Charges
3,303,789
2,477,835
2,250,111
(227,724)
68.11%
Federal and Provincial
6,541,949
4,943,078
6,716,474
1,773,396
102.67%
114,939
80,787
87,798
7,011
76.39%
Other Transfers from Reserve
25,000
3,750
Total Operating Revenue
9,985,677
7,505,450
9,054,383
1,548,933
(3,750) (90.67%)
Salaries & Benefits
11,557,994
8,668,503
9,141,294
472,791
79.09%
Materials
1,322,788
1,017,332
1,018,336
1,004
76.98%
Contracted Services
1,400,583
1,085,764
986,440
-99,324
70.43%
Depreciation
591,538
443,655
458,061
14,406
77.44%
Reserve Transfers
58,833
Operating Expense
Unapproved Projects
#DIV/0!
Total Operating Expense
14,931,736
11,215,254
11,604,131
388,877
77.71%
Net Municipal Contribution
4,946,059
3,709,804
2,549,748
-1,160,056
51.55%
LESS: Depreciation
(591,538)
(443,655)
(458,061)
(14,406)
(77.44%) 48.03%
Net Municipal Contribution LESS Depreciation
4,354,521
3,266,149
2,091,687
-1,174,462
City of Kingston
-2,961,074
-2,214,721
-2,243,830
-29,109
75.78%
County Contribution - Operating
1,393,447
1,051,428
-152,143
-1,203,571
10.92%
Capital Revenue
124,258
93,195
60,725
(32,470)
(48.87%)
Capital Expense
406,306
397,306
164,359
-232,947
40.45%
Net Capital Expense
282,048
304,111
103,634
-200,477
36.74%
City of Kingston - Capital
-276,288
-206,706
-184,192
22,514
(66.67%)
County Contribution - Capital
5,760
97,405
-80,558
-177,963
1,398.58%
County Contribution - Debenture
210,295
243,352
123,857
-119,495
58.90%
1,609,502
1,392,185
-108,844
-1,501,029
6.76%
Total Requisition
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AGENDA ITEM #a)
2021
2021
September
YTD
Total Annual
Budget
YTD Budget
YTD Actual
Variance
Spent
$
$
$
$
%
Operating Revenue Federal and Provincial
9,549,706
7,162,281
Other
7,550,971
388,690
79.07%
326,908
326,908
#DIV/0!
Transfers from Reserve Total Operating Revenue
#DIV/0! 9,549,706
7,162,281
7,877,879
715,598
(82.49%)
Salaries & Benefits
16,663,319
12,598,159
13,187,359
589,200
79.14%
Materials
1,209,363
950,740
1,000,910
50,170
82.76%
Contracted Services
1,624,029
1,140,353
1,179,819
39,466
72.65%
Rents & Financing
228,078
167,688
155,200
-12,488
68.05%
Depreciation
891,312
668,484
603,101
-65,383
67.66%
Reserve Transfers
901,470
Operating Expense
Unapproved Projects
#DIV/0!
Total Operating Expense
21,517,571
15,525,424
16,126,389
600,965
74.95%
Net Municipal Contribution
11,967,865
8,363,143
8,248,510
-114,633
68.92%
LESS: Depreciation
(891,312)
(668,484)
(603,101)
65,383
(67.66%)
Net Municipal Contribution LESS Depreciation
11,076,553
7,694,659
7,645,409
-49,250
69.02%
City of Kingston
-8,801,318
-6,600,987
-6,600,989
-2
75.00%
County Contribution - Operating
2,275,235
1,093,672
1,044,420
-49,252
45.90%
Capital Revenue
461,310
461,310
557,563
96,253
(120.87%)
Capital Expense
461,310
461,310
570,368
109,058
123.64% #DIV/0!
Net Capital Expense
12,805
12,805
City of Kingston - Capital
-19,341
-19,341
#DIV/0!
County Contribution - Capital
-6,536
-6,536
#DIV/0!
County Contribution - Debenture Total Requisition
#DIV/0! 2,275,235
1,093,672
Information Report to Council Corporate Services - Finance - 2021 Third Quarter Financial Summary and Outlook November 17, 2021
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1,037,884
-55,788
45.62%
AGENDA ITEM #b)
Report 2021-100 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 Phil Piasetzki, Deputy Treasurer
Date of meeting:
November 17, 2021
Re: Corporate Services – Finance – 2022 Reserve and Reserve Funds Projection 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
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AGENDA ITEM #b)
Following budget deliberations during Committee of the Whole on October 24 and 25, 2021, staff were directed to come back with more detailed projections on reserve balances. Comment The projections for the 2022 reserve balances were based off of the 2020 final reserve balances, with projections adjusted for inflows and outflows through 2021 and 2022. From the 2022 projected balances, staff looked further to see if our existing contribution levels would satisfy the spending requirements for those reserves for known projects or expenses. •
Reserves labelled as Risk indicate the reserves being underfunded based on future commitments and will require changes to their contribution levels in subsequent years.
•
Reserves labelled as Caution indicate them being potentially underfunded or below their target balance based on spending in previous years versus contributions to reserves, or future anticipated spending versus contributions. Changes in contribution levels or in funding projects may need to be changed in future years.
Most of our reserve and reserve funds have sufficient funds to meet upcoming expenditures based on the level of ongoing contributions. Those reserves labelled as Risk or Caution will have further commentary below. All projected reserve balances can be found in Appendix A. 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 may occur on a cycle of 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. In general terms, the use of reserves to offset operational expenditures which are ongoing on an annual basis is discouraged as it doubles the tax levy impact in the subsequent year. Should Council wish to establish a reserve for ongoing operational expenditures, staff would recommend a declining balance repayment and tax mitigation commitment be made that would repay the reserve while phasing the operational matter onto the levy. The Operating Reserves for the most part are well-funded with either healthy balances, or contributions which are matching the expenses coming from the reserves. •
Caution (Sustainability Reserve): The Sustainability Reserve has seen a decrease in its balance from $337,838 in 2016 to $220,020, with an additional amount to be withdrawn in the draft budget for 2022 for the Natural Heritage Study. The annual contribution to the reserve, which is budgeted at $33,784, has
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AGENDA ITEM #b)
not kept pace with the expenditures funded from the reserve. No change is recommended during this budget cycle, but Council will need to increase the contribution to this reserve in future years if they wish to fund projects at the same level as the have recently. 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 (FRC Capital Replacement): The Capital Replacement Reserve is below the amount recommended by Public Sector Digest in their 2014 Asset Management Review. The current plan of a .65% increase per year (2022 would be year eight of ten) including the potential for borrowing in the land and building assets category will be monitored. However, three significant changes have occurred since the 2014 Asset Management Review: o Fairmount building replacement had been estimated to be replaced in 2054 at a cost of $22 million. The 2054 date is likely too far out and replacement or major redevelopment would likely need to occur before that date. The cost of $22 million is also not realistic, as current estimates for replacement would be between $280,000 and $400,000 per bed ($35,840,000 - $51,200,000 per 128-bed home). o The County Building Replacement had been estimated to be replaced in 2053, and replacement in 2022-23 will force funds to be drawn from the reserve before it has been fully built up. The reserve has sufficient funds to do so in 2022-23, but the reserve could be put under strain with future commitments. o The County of Frontenac has added significant amounts to the K&P Trail. Any construction after 2014 was not factored into the 2014 Asset Management Review.
Factoring in for these changes, it is likely to achieve the funded status target hoped for in 2014 will require an additional 5-7 years of a 0.65% dedicated levy, though staff will continue to monitor and will provide further recommendations once the 10-year dedicated levy phase-in is complete. •
Risk (Joint Frontenac Paramedic Vehicle Replacement Reserve): Since 2016, the cost of ambulances have increased by 6.5% per year. The contributions to reserve have been increased by an average of 2% per year. 2023 and 2024 are years where an above average number of vehicles need to be replaced. If these trends continue, the Joint Frontenac Paramedic Vehicle Replacement Reserve will be in a deficit by 2029. A recommendation to increase the contribution to the reserve will be coming forward as part of the 2023 budget.
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AGENDA ITEM #b)
•
Caution (Fairmount Home Capital Replacement): The budgeted contribution from the Fairmount Home Capital Replacement reserve usually exceeds the budgeted contributions to the reserve. However, a significant grant for HVAC replacement will remove one of the larger items that was due for replacement and the reserve has a reasonable balance. No change to reserve recommended but staff will continue to monitor.
•
Caution (Ontarians with Disabilities): The reserve balance is projected to decrease substantially from as a result of using $80,000 from the reserve to provide matching dollars for accessibility grants for the K&P Trail. The reserve has no firm future commitments outside of the K&P Trail enhancements, although this reserve has been useful to leverage and attract matching grant dollars. Staff have recommended a $5,000 increase to the annual contribution to $15,000 beginning in 2022 to rebuild the reserve balance.
External Agency Reserves: The external agency reserves are built up to fund capital expenditures from shared service agencies for which the County is required to pay without impacting the levy directly. •
Caution (Library Reserve): The Kingston Frontenac Lennox and Addington Library Board is planning a significant software/ equipment upgrade in 2025 where the County contribution is estimated at $147,550. The 2022 budgeted contribution to the Library reserve is $20,000 while the estimated capital outlay provided in the 15 year draft capital plan is $33,850 per year. Staff will continue to monitor and may recommend slight annual increases to the library reserve contributions to keep up with expenses in future years.
Stabilization Reserve: The Stabilization Reserve was created for the purpose of mitigating the impact of levy fluctuations. No budgeted contributions are made to the stabilization reserve, the growth in this reserve is limited to the transfer of any year-end surplus (if applicable). The budget policy does permit levying for the inflation target if the status quo budget is below inflation, although this has not been done since the policy was passed in 2015. One-time expenses can be funded from the Stabilization Reserve to mitigate levy increases. Some expenses planned for 2022 and beyond include contributions to the EORN Cell Gap project ($139,750) and to support Rural Transportation ($32,000), as well as a proposal to fund a Development Charge study ($40,000). The target balance for the Stabilization Reserve is 15% of the County levy within a range of 1%. The projected balance within the reserve for 2022 is 14.1%; still within target but at the low end of the range. (Caution) Canada Community Building Fund reserve (formerly Federal Gas Tax): The balance in the Canada Community Building Fund reserve is projected to be sufficient to complete Phase 6 of K&P Trail construction, fund the Regional CIP study, and fund the remainder of the obligations from existing local CIPs. Barring any change in funding from the Province/Federal governments, or changes in the distribution of the Information Report Corporate Services - 2022 Reserve and Reserve Funds Projection November 17, 2021 Page 4 of 6
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AGENDA ITEM #b)
annual Canada Community Building Fund contributions to the Townships, no additional funding is anticipated to fund any future projects at the County level. Sustainability Implications Governance – appropriate stewardship of County resources. Financial Implications The table in Appendix A shows the forecasted reserve balances for 2022. Organizations, Departments and Individuals Consulted and/or Affected Frontenac Paramedics Fairmount Home Planning and Economic Development
Information Report Corporate Services - 2022 Reserve and Reserve Funds Projection November 17, 2021 Page 5 of 6
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AGENDA ITEM #b)
Appendix A – 2022 Projected Balances by Reserve
2022 proj. ($)
2021 proj. ($)
2020 ($)
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
1,220,799 161,277 152,973 223,739 37,302 194,953 170,277 48,526 2,490,329 25,373 210,595
1,220,799 237,493 142,187 247,442 28,302 175,009 116,072 27,404 2,246,288 15,095 315,595
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
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
679,066 750,767 1,907,456 922,086 27,085 3,242,221
760,605 869,602 1,822,451 971,377 67,354 4,700,764
865,394 740,746 1,643,015 940,230 117,354 4,077,436
External Agency Reserves FRC Social Housing Out of Scope FRC Library Reserve
337,686 276,570
312,686 256,570
287,686 237,070
1,179,553
1,495,347
1,811,142
1,618,353
1,742,353
1,779,353 16.2%
179,608 46,094 20,000
171,596 44,685 10,000
163,584 43,277 0
16,122,687
17,997,076
17,862,803
167,749
1,260,249
445,554
Strategic Regional Reserves Strategic Projects Reserve Frontenac Renovates Stabilization Reserves FRC Stabilization Reserve Legally Restricted JOINT FMT Donations Reserve Fund JOINT RMT Pathways Reserve Fund FRC Frontenac Howe Islander Ferry Reserve Total
Canada Community Building Fund
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AGENDA ITEM #c)
Report 2021-102 Council Information Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Susan Brant, Administrator
Date of meeting:
November 17, 2021
Re:
Fairmount Home – Quarterly Update Activity Report
Recommendation This report is for information purposes only. Background The following information is an update regarding the activities/challenges at Fairmount Home (“Fairmount”) from July 1, 2021 to September 30, 2021 as well as significant updates in October 2021. Comment Ministry of Health and Long-Term Care During the third quarter, there were five critical incidents and one complaint regarding alleged staff to resident neglect logged with the Ministry of Long-Term Care (MLTC). The critical incidents were related to alleged resident to resident physical abuse, improper care, and staff to resident abuse as well as one critical incident related to a resident fall with an injury. A Ministry inspection was conducted from October 12 - 21. The Ministry inspection was conducted in relation to the critical incidents, resident care complaint, as well as infection prevention and control measures in the home. With respect to the complaint regarding alleged staff to resident neglect, the Ministry inspector issued a written notification under Section 3(1)8 on every resident’s right to privacy in treatment and in caring for his or her personal needs. The infection prevention and control inspection confirmed compliance with MLTC Directives.
of 112 2021-102 FairmountPage Home 102 Quarterly Update Activity Report
AGENDA ITEM #c)
The critical incidents related to improper care, resident to resident physical abuse and a resident fall with an injury received no findings from the Ministry inspection. With respect to the two critical incidents related to staff to resident abuse, three written notifications and a voluntary plan of correction (VPC) were issued. One written notification was issued to ensure resident care plans are followed and a second written notification was issued to ensure incidents are reported to the Director as outlined in the Long-Term Care Homes Act. The VPC and third written notification was issued to ensure residents are protected from verbal abuse by staff. Management has prepared a VPC to achieve compliance with Ministry Guidelines. The public versions of these reports are posted at Fairmount for public review. The reports are also available on the Ministry’s Reports on Long-Term Care Homes website. Thank you to the management and staff who worked professionally and cooperatively with the Ministry Inspector. Public Health Inspection In the third quarter, KFL&A Public Health did not conduct an infection prevention and control inspection in the home. Sustainability Implications Not applicable Strategic Priority Implications Not applicable Organizations, Departments and Individuals Consulted and/or Affected Fairmount Home Management Team
Information Report to Council Fairmount Home – Quarterly Update Report November 17, 2021
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Page 2 of 2
AGENDA ITEM #d)
Report 2021-105 Council Information Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Richard Allen, Manager of Economic Development
Date of meeting:
November 17, 2021
Re:
Planning and Economic Development – Load Restrictions on Elbow Creek Bridge
Recommendation This report is for information purposes only. Background At its regular meeting on June 16, 2021, County Council was presented with Report 2021-051 which provided an operational update on the K&P Trail. As part of that report staff indicated that the Elbow Creek Bridge has structural deficiencies, and additional evaluation was required to determine load capacity and safety of the bridge. The Elbow Creek Bridge was constructed in 2015 along with the Fish Creek Bridge by the Guardian Bridge Rapid Construction Company using a proprietary system of prefabricated bridge construction, consisting of fibreglass and wood. In 2017 it was discovered that the Fish Creek Bridge was failing as the material sealing the bridge deck was permitting water inside the structure, causing the wood to expand and push against the construction. After significant effort by staff to contact Guardian Bridge to remedy the situation, the deck was replaced in August of 2018. Comment During the past few months, County staff contracted Keystone Bridge Management and engineers from J.L. Richards to evaluate the load capacity and safety of the Elbow Creek Bridge.
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AGENDA ITEM #d)
These investigations revealed that the bridge is able to support significant static loads, but is in a deteriorating condition. As the construction material is unknown, and as it is no longer possible to contact Guardian Bridge, the County has been advised that the bridge maximum use be limited to recreational vehicle traffic only, such as snowmobiles and ATVs. Unfortunately, this means that the bridge cannot support maintenance or grooming equipment. In order to prevent large vehicles from using the bridge, on November 11, 2021 the County has installed concrete jersey barriers on each end of the bridge at a width that will restrict non-recreational vehicles from crossing the bridge. County staff and the engineers from J.L Richards will review options and potential next steps for remediating or replacing the Elbow Creek Bridge and report back to Council in the new year.
FIGURE 1: JERSEY BARRIERS PLACED AT ELBOW CREEK BRIDGE
Financial Implications Preliminary estimates for a bridge replacement at Elbow Creek may require $150,000.00 to $200,000.00. At construction, the current bridge was expected to have a 75-year lifespan. Although the bridge has not been fully amortized, funding for a bridge replacement would come from the Capital Replacement Reserve.
Information Report to County Council Planning and Economic Development – Load Restrictions on Elbow Creek Bridge November 17, 2021
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Page 2 of 3
AGENDA ITEM #d)
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. Organizations, Departments and Individuals Consulted and/or Affected Alex Lemieux, Director of Corporate Services/Treasurer Tyson Myers, Public Works Manager at the Township of Central Frontenac Verona District ATV Club L&A Ridgerunners Snowmobile Club Snow Road Snowmobile Club
Information Report to County Council Planning and Economic Development – Load Restrictions on Elbow Creek Bridge November 17, 2021
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Page 3 of 3
AGENDA ITEM #a)
Activity Update November, 2021
Nursing & IPAC
• • • •
• •
Resident Care
• • • • •
Environmental Services
• • • •
Influenza vaccines were given to the majority of our residents on October 22, 2021. A staff influenza vaccine clinic was held on October 27, 2021 and 85 staff were vaccinated that day. Staff continue to get their influenza vaccine when they are working on their shifts. Most residents have received their 3rd dose of the COVID-19 vaccine. The National Advisory Committee on Immunization has determined that COVID-19 vaccines may be administered concomitantly with, or at any time before or after non-COVID-19 vaccines. This has helped speed up the process of ensuring the residents are protected against COVID-19 and Influenza. PPE audits continue on a daily basis and staff are compliant with wearing the proper PPE for routine practices and enhanced practices. The Infection Prevention & Control (IPAC) lead is working on an outbreak management education for our RNs and Medical team. Plans are underway to replace the nursing electronic health record system on March 1, 2022 to Point Click Care. The project team and implementation timelines are being developed. There was a Ministry of LTC inspection to investigate critical incidents and one complaint on October 12-21st as outlined in the corresponding Council report The home will host a virtual Remembrance Day Ceremony on November 11th, with all of the homes Veterans in attendance with one family member to lay a wreath On Tuesday November 23rd, the home will host our first ever virtual memorial service to honour the residents we have lost since the Butterfly release. These services have not taken place since COVID-19 began. On Sunday November 21st, the Resident and Family Satisfaction Survey will close. Thus far we have had an excellent return of completed surveys. The home’s laundry unit has purchased a replacement clothing label machine with training provided to the appropriate staff on November 4. Glove box holders have been installed on the back of all resident room doors for increased availability of gloves for IPAC purposes A delay in the home wide fire alarm end device upgrade by Siemen’s due to material delays with a new start date at the end of November and annual inspection delayed until mid-December The home’s engineering vendor CBCL contracted GreenTech Air Balancing Inc to perform air testing/balancing for the HVAC replacement project.
Fairmount Home Update
Page 107 of 112 Long Term Care (Fairmount Home)
- Councillor Martin
AGENDA ITEM #a)
Dietary Services
• •
Other
New fridge shelving has been installed to replace rusted older shelving but the home received only a partial order of the shelving due to supply chain issues. The kitchen equipment project to improve workflow has been completed. This involved Choquette installing the new 6 burner range, removing the decommissioned deep fryer/flattop grill unit, and moving the Rational oven. Then Dion’s updated the fire suppression system to fit the new equipment and Siemen’s performed a bypass and reset the fire alarm system.
Ontario’s Fall Economic Statement included a number of commitments for seniors’ care and LTC including: Funding to ensure the remaining 12,000 unallocated older LTC home beds can be redeveloped, Investing $57.6 million beginning in 2022/23 to hire 225 nurse practitioners (75 NPs per year for three years). A series of health human resources commitments, including investing $342 million to strengthen the nursing workforce by adding over 5,000 new and upskilled RNs and RPNs as well as 8000 PSWs in health care. Investing an additional $8.9 million in 2021-22 for COVID-19 supports in congregate care settings and $11 million this year for similar supports for retirement housing. Investing $12.4 million over two years to continue access to mental health and addictions supports for health and LTC workers. Providing $548.5 million over three years in home and community care • • •
The Labour Management Team is preparing revised work schedules for our Personal Support Workers to ensure better coverage on the Home areas, while promoting better work-life balance. Barb McCulloch and Susan Brant attended two Human Health Resources training session with agenda items including human resource challenges in LTC, best practices in recruitment, and retention challenges. Susan also attended an AdvantAge Ontario Administrators meeting to discuss plans for attaining four hours of resident care per day, staffing challenges, and implications of the new LTC legislation Bill 37 Providing More Care, Protecting Seniors, and Building More Beds Act, 2021
Fairmount Home Update
Page 108 of 112 Long Term Care (Fairmount Home)
- Councillor Martin
AGENDA ITEM #a)
By-Law No. 2021-0032 Of The Corporation of the County of Frontenac Being a by-law to declare lands Legally Described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 Part 4 Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error Whereas pursuant to County of Frontenac By-law No. 17-1995 which establishes procedures governing the sale of real property; And Whereas Section 2(a) requires that prior to the sale of any real property Council shall pass a by-law or resolution at a meeting open to the public to declare the real property to be surplus; And Whereas Section 3(a) requires that notice to the public of a proposed sale of real property shall be given prior to the date of sale by publication in a newspaper that is, in the Clerk’s opinion, of sufficiently general paid or unpaid circulation within the municipality to give the public reasonable notice of the sale; And Whereas the Council for the Corporation of the County of Frontenac considers it desirable and expedient to declare lands legally described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 PART 4 surplus for the purposes of correcting a previous land purchase registration error; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac does hereby declares the following: 1.
That lands legally described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 PART 4 surplus for the purposes of correcting a previous land purchase registration error;
That pursuant to By-law No. 17-1995, third reading of this by-law be given at the December 15, 2021 County Council meeting to accommodate public notice requirements;
That this by-law shall come into force and take effect upon the date of final passing.
Page 109 of as 112Bedford Con 2 PT Lot 30, save and … To declare lands Legally Described
AGENDA ITEM #a)
Read a first and second time this 17th day of November, 2021. Read a third time, signed, sealed and finally passed this 20th day of December 2021.
The Corporation of the County of Frontenac
Ron Vandewal, Warden
Jannette Amini, Clerk
By-law No. 2021-0020 – to declare lands legally described as Part of Lot 5, Concession 1, Geographic Township of Oso, Township of Central Frontenac, County of Frontenac surplus for the purpose of transferring portions of the former K&P in exchange for private lands currently being used for the K&P Trail June 16, 2021 Page 2 of 2
Page 110 of 112 To declare lands Legally Described as Bedford Con 2 PT Lot 30, save and …
AGENDA ITEM #b)
By-Law No. 2021-0033 of The Corporation of the County OF Frontenac being a by-law to confirm all actions and proceedings of County Council on November 17, 2021
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 November 17, 2021 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 November 17, 2021, 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 November 17, 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 111 of 112 of County Council on November 17… T o confirm all actions and proceedings
AGENDA ITEM #b)
- That this by-law shall come into force and take effect as of the final passing thereof. Read a First and Second Time this 17th day of November, 2021 Read a Third Time and Finally Passed, Signed and Sealed this 17th day of November,
The Corporation of the County Of Frontenac
Ron Vandewal, Warden
Jannette Amini, Clerk
By-Law No. 2021-0033 – To Confirm all Actions and Proceedings of County Council November 17, 2021
Page 112 of 112of County Council on November 17… T o confirm all actions and proceedings
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