Body: Council Type: Agenda Meeting: Regular Date: December 18, 2019 Collection: Council Agendas Municipality: Frontenac County
[View Document (PDF)](/docs/frontenac-county/Published Agendas/Regular Council/2019/Regular Council - 18 Dec 2019 - Agenda.pdf)
Document Text
Frontenac County Council Meeting Wednesday, December 18, 2019 – 9:00 a.m. Kingston Frontenac Rotary Auditorium, 2069 Battersea Road, Glenburnie Council will resolve into Closed Meeting and will reconvene as regular Council at 9:30 a.m.
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 November 20,
- Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board as it relates to mediation/arbitration with the City of Kingston. Resolved That Council rise from Committee of the Whole closed session with/without reporting Election of Warden and Deputy Warden To be conducted by the Clerk a) Election of Warden b)
Election of Deputy Warden
Approval of Addendum Disclosure of Pecuniary Interest and General Nature Thereof
11 - 22
Adoption of Minutes a) Minutes of Meeting held November 20, 2019 Resolved That the minutes of the regular Council meeting held November 20, 2019 be adopted. Deputations and/or Presentations
Page
23 - 33
a)
Ms. Laura Carter, Kingston Frontenac Public Library, will introduce herself to County Council and share her vision for the Kingston Frontenac Public Library as its new Chief Librarian/Chief Executive Officer.
b)
Ms. Bonnie Ruddock, Executive Director, South Eastern Ontario, Region 9 Regional Tourism Organization will address County Council regarding their organization and the importance of tourism in South Eastern Ontario.
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.
34 - 65
Briefings a) Mr. Kelly Pender, Chief Administrative Officer, will provide Council with his monthly CAO briefing. Unfinished Business
66 - 119
120 - 302
Recommend Reports from the Chief Administrative Officer a) Consultant Briefing: Queen’s University School of Urban and Regional Planningstudents will address County Council regarding best practices and planning tools for waterfront protection. [See Recommend Reports from the Chief Administrative Officer, clause b)] b)
2019-154 Planning and Economic Development Queen’s University Project Course – Shoreline Protection in Frontenac County Recommendation: Resolved That the Council of the County of Frontenac accept the Shoreline Protection in Frontenac County Study dated December 2019 prepared by the project team from the Queen’s University School of Urban and Regional Planning; And That the Council of the County of Frontenac thank the students for their contributions and dedication to waterfront planning across the County;
Page 2 of 485
Page And Further That the Council of the County of Frontenac direct planning staff to explore recommendations within the study to evaluate alternatives to shoreline protection across the County including the implementation of a Community Planning Permit System. 303 - 304
c)
2019-147 Corporate Services Interim Approval of 2020 Expenditures Recommendation: Resolved That the Council of the County of Frontenac receive the Corporate Services – Interim Approval of 2020 Expenditures report; . And Further That Council direct the Treasurer to continue to pay payroll and discretionary expenses in accordance with the amounts approved for the 2019 budget and non-discretionary 2020 accounts as invoiced, until such time as the 2020 budget has been adopted.
305 - 376
d)
2019-148 Office of the Chief Administrative Officer Request by the Township of Central Frontenac to approve the Township of Central Frontenac Senior’s Housing Business Plan Recommendation: Resolved That the Office of the Chief Administrative Officer – Request by the Township of Central Frontenac to approve the Township of Central Frontenac Senior’s Housing Business Plan report be received for information; And Further That County Council reaffirm its resolution to endorse the funding allocation and disbursements formulas for Seniors Housing projects and that payments to the Township of Central Frontenac be administered by staff as outlined in Staff Report 2016-104.
377 - 378
e)
2019-149 Corporate Services 2019 Fairmount Home Accounts Receivables Write-Offs Recommendation: Resolved That the Council of the County of Frontenac receive this Corporate Services – 2019 Fairmount Home Accounts Receivable Write-Offs report; And Further That Council authorize the Treasurer to write off accounts totalling $3,277.74.
379 - 380
f)
2019-150
Page 3 of 485
Page Corporate Services 2019 Federal Gas Tax Allocation Recommendation: Resolved That the Council of the County of Frontenac accept the Corporate Services – 2019 Federal Gas Tax Distribution By-law report; And Further That the Clerk be directed to bring forward a by-law to authorize the distribution of Federal Gas Tax to the Townships for 2019. 381 - 383
g)
2019-151 Corporate Services Adoption of an Indemnification By-law for Members of Council and employees of the County of Frontenac Recommendation: Resolved That the Council of the County of Frontenac receive the Corporate Services – Adoption of an Indemnification By-law for Members of Council and employees of the County of Frontenac report; And Further That the Clerk be authorized to bring forward a by-law later in the meeting respecting the protection of members of the Council of the Corporation of the County of Frontenac and its employees against liability incurred while acting on behalf of the County.
384 - 385
h)
2019-152 Corporate Services Amendments to the 2020 Howe Islander Ferry Fees and Fares Bylaw Recommendation: Resolved That Council of the County of Frontenac receive the Corporate Services –Amendments to the 2020 Howe Islander Ferry Fees and Fares By-law report; And Further That a by-law be introduced later in the meeting to adopt the amended 2020 Frontenac-Howe Islander Ferry Fees and Fares Schedule; And Further That By-law 2019-0035 be hereby rescinded.
386 - 388
i)
2019-153 Office of the Chief Administrative Officer Authorization to enter into a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) regarding a Shared Administrative Facility
Page 4 of 485
Page Recommendation: Be It Resolved That the Council of the County of Frontenac receive for information the Office of the Chief Administrative Officer – Authorization to enter into a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) regarding a Shared Administrative Facility; And Further That County Council authorize the Warden and Clerk to execute a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) regarding a Shared Administrative Facility. 389 - 412
j)
2019-158 Office of the Chief Administrative Officer Authorization to enter into a Lease Agreement with the City of Kingston for a Land Ambulance Station located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON Recommendation: Be It Resolved That the Council of the County of Frontenac receive for information the Office of the Chief Administrative Officer – Authorization to enter into a Lease Agreement with the City of Kingston for an Ambulance Base located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON, report; And Further That County Council authorize the Warden and Clerk to execute a Lease Agreement with the City of Kingston for an Ambulance Base located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON.
413 - 414
Information Reports from the Chief Administrative Officer a) 2019-155 Fairmount Home Quarterly Update Activity Report
415 - 418
b)
2019-157 Corporate Services 2019 Accessibility for Ontarians with Disabilities (AODA) Compliance Audit
419 - 454
c)
2019-156 Fairmount Home CARF Accreditation 2019
Reports from Council Liaison Appointees a) Emergency and Transportation Services - Councillor Higgs
Page 5 of 485
Page b)
Long Term Care (Fairmount Home) - Councillor Martin
c)
Corporate Services - Councillor MacDonald
d)
Planning and Economic Development - Councillor Revill
Reports from External Boards and Committees a) Kingston Frontenac Library Board Update - Councillor Revill
455 - 466
b)
KFL&A Public Health Board Update - Councillor Doyle
c)
Housing and Homelessness Committee Update - Deputy Warden Smith
d)
Food Policy Council of Kingston, Frontenac, Lennox and Addington Councillor Higgs
Reports from Advisory Committees of County Council a) Report of the Joint Frontenac Accessibility Advisory Committee That the Report received from the Frontenac Accessibility Advisory Committee be received and adopted. Report of the Frontenac Accessibility Advisory Committee The Frontenac Accessibility Advisory Committee reports and recommends as follows:
- 2019-147 Frontenac Accessibility Advisory Committee Joint Accessibility Plan Annual Status Report Be It Resolved That the Frontenac Accessibility Advisory Committee – Joint Accessibility Plan Annual Status report be received; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3), that a copy of this Annual Status Report, as amended, be posted to the County of Frontenac Website; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3.1) and (3.2), that a copy of this Annual Status Report be forwarded to the Frontenac Lower Tiers for posting on their respective websites. Return to Council a) That Council revert from Committee of the Whole Council, to Council.
Page 6 of 485
Page
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) Letter from Kingston Frontenac Public Library Regarding KFPL Board Appoints New Chief Librarian-Chief Executive Officer [Distributed to Members of County Council November 22, 2019] b)
Letter from the Town of Whitchurch-Stouffville Regarding the Ban of Single-Use Disposable Wipes [Distributed to Members of County Council November 22, 2019]
c)
Letter from the Corporation of the Township of Larder Lake Regarding Main Street Revitalization Grant – Extension Request [Distributed to Members of County Council November 22, 2019]
d)
Letter from the Corporation of the Municipality of South Huron Regarding Support for Town of Prescott Resolution on the Transformation of Building Services and creation of a new Delegated Administrative Authority with Regard to Building Service Delivery [Distributed to Members of County Council November 22, 2019]
e)
Letter from the City of Kingston Regarding the 10-Year Housing and Homelessness Plan Update – Stakeholder Consultation [Distributed to Members of County Council November 22, 2019]
f)
From Kingston and Frontenac Housing Corporation Regarding Finance, Audit & Administration Committee Update [Distributed to Members of County Council November 22, 2019]
g)
From the Kingston Frontenac Housing Corporation providing November 25, 2019 Public Meeting Agenda [Distributed to Members of County Council November 22, 2019]
h)
Letter from the Corporation of the Town of Amherstburg Regarding Support for the Township of Springwater’s Resolution Regarding Joint and Several Liability Consultation [Distributed to Members of County Council November 29, 2019]
Page 7 of 485
Page i)
Letter from the Corporation of the Town of Amherstburg Regarding the Declaration of Climate Emergency [Distributed to Members of County Council November 29, 2019]
j)
Letter from the Township of South Frontenac Regarding the Ontario by Bike 2020 Publication [Distributed to Members of County Council November 29, 2019]
k)
Letter from Rural Ontario Municipal Association (ROMA) Regarding the Annual Conference on December 2, 2019. [Distributed to Members of County Council November 29, 2019]
l)
Invitation from Randy Hillier, MPP for Lanark-Frontenac-Kingston Regarding Randy’s Annual Christmas Hootenanny [Distributed to Members of County Council December 6, 2019]
m)
Email from Dianne Dowling, Director of the National Farmers Union Local 316 Regarding Appreciation for the County’s Support for Farmers through the Open Farms Event in September [Distributed to Members of County Council December 6, 2019]
n)
Letter from the Town of Plympton-Wyoming Regarding the Resolution to Support the Township if Springwater – Conservation Authority Levies [Distributed to Members of County Council December 6, 2019]
o)
Letter from the Township of Greater Madawaska Regarding Support for the Ministers to Allow for Electronic Delegation [Distributed to Members of County Council December 6, 2019]
p)
Holiday Card from Randy Hillier, MPP Lanark-Frontenac-Kingston [Distributed to Members of County Council December 6, 2019]
q)
Holiday Card from Warden Phillips and Members of Hasting County Council [Distributed to Members of County Council December 6, 2019]
r)
Letter from the Corporation of the City of Stratford Regarding the Support of Continuation of Programs of Ontario Conservation Authorities [Distributed to Members of County Council December 13, 2019]
s)
Letter from the Municipality of Hastings Highlands Regarding Joint and Several Liability Consultation [Distributed to Members of County Council December 13, 2019]
t)
Holiday Card from Doug Ford, Premier of Ontario [Distributed to Members of County Council December 13, 2019]
u)
Letter from the Christian Farmers Federation of Ontario Regarding Municipal Business Taxes [Distributed to Members of County Council December 13, 2019]
Other Business a) Appointments to Advisory Committees
Page 8 of 485
Page
- Rural Urban Liaison Advisory Committee (RULAC) One (1) member of County Council 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 b) through i) that have been circulated to all Members of County Council and that by-laws b) through i) be read a first and second time. b)
Third Reading Resolved That by-laws a) through i) be read a third time, signed, sealed and finally passed. By-Laws
467 - 468
a)
To declare lands legally described as Portland CON 1 PT Lots 1 and; 2 CON 2 PT Lots 2 AND 3 CON; 3 PT Lots 3 and 4 CON 4 PT; Lots 3 TO 7 CON 5 PT Lots 7; and 8 CON 6 PT Lot 7 CON 7 surplus
the purpose of transferring portions of the former K&P to the Township of South Frontenac for the development of affordable seniors housing [Proposed By-law No. 2019-0039] 469 - 471
b)
To establish a fees and fares schedule for the Frontenac-Howe Islander Ferry operation for the year 2020 [Proposed By-law No. 2019-0041]
472 - 476
c)
Respecting the protection of members of the Council of the Corporation of the County of Frontenac and its employees against liability incurred while acting on behalf of the County [Proposed By-law No. 2019-0042]
477 - 478
d)
To Authorize the Corporation of the County of Frontenac to distribute the Federal Gas Tax amongst its four lower-tier municipalities [Proposed By-law No. 2019-0043]
479
e)
To Authorize the Execution of a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) for a Shared Facility [Proposed By-law No. 2019-0044]
480 - 481
f)
To appoint the Warden and the Deputy Warden for the 2020 Council year [Proposed By-law No. 2019-0045]
Page 9 of 485
Page 482
g)
To appoint Members of Council to Frontenac County Advisory Committees [Proposed By-law No. 2019-0046]
483
h)
To authorize the execution of a Lease Agreement with the City of Kingston for a Land Ambulance Station located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON [Proposed By-law No. 2019-0047]
484 - 485
i)
To confirm all actions and proceedings of County Council on December 18, 2019 [Proposed By-law No. 2019-0048]
Adjournment
Page 10 of 485
AGENDA ITEM #a)
Minutes of the Regular Meeting of Council November 20, 2019 A regular meeting of the Council of the County of Frontenac was held in the Kingston Frontenac Rotary Auditorium at the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, November 20, 2019 and was called to order at 9:00 a.m. Regular business commenced at 9:30 AM There was a “Closed Meeting” of the Committee of the Whole from 9:00 a.m. to 9:20 a.m. Present:
Warden Ron Higgins, Deputy Warden Fran Smith, Councillors Ron Vandewal, Denis Doyle, Bruce Higgs, Bill MacDonald, Gerry Martin and Alan Revill
Also Present:
County: Kelly Pender, Chief Administrative Officer Gale Chevalier, Chief/Director of Emergency & Transportation Services Joe Gallivan, Director of Planning and Economic Development Susan Brant, Director of Corporate Services/Treasurer Lisa Hirvi, Administrator-Fairmount Home Jannette Amini, Manager of Legislative Services/Clerk Richard Allen, Manager of Economic Development Marco Smits, Communications Officer
Closed Session Motion #: 187-19
Moved By: Seconded By:
Councillor Doyle Deputy Warden Smith
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 16, 2019;
- Labour relations or employee negotiations - as it relates to the contract with the Ministry of Transportation (MTO) for the Howe Island Ferry;
- Labour relations or employee negotiations - as it relates to attendance management;
- Labour relations or employee negotiations - as it relates to potential staffing at Fairmount Home;
- 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. Carried
Page 11 of 485 Minutes of Meeting held November 20, 2019
AGENDA ITEM #a)
Motion #: 188-19
Moved By: Seconded By:
Councillor Higgs Councillor MacDonald
Resolved That Council rise from Committee of the Whole closed session, that procedural By-law 2013-0020 be waived and that the Warden Report. Carried Motion #: 189-19
Moved By: Seconded By:
Councillor Revill Councillor MacDonald
Resolved That the Council of the County of Frontenac direct staff to refuse disclosure of any legal opinion provided to Frontenac County Council (or member thereof) in connection with Council’s decision on November 16, 2016 to lift restrictions on large farm vehicles using the Hose Island Ferry. Carried Approval of Addendum Motion #: 190-19
Moved By: Seconded By:
Councillor Revill Councillor Martin
Resolved That the addendum for the November 20, 2019 meeting of the Council of the County of Frontenac be approved. Carried (a 2/3 vote was received) Disclosure of Pecuniary Interest and General Nature Thereof There were none. Adoption of Minutes a)
Minutes of Meeting held October 16, 2019
Motion #: 191-19
Moved By: Seconded By:
Councillor Vandewal Councillor Doyle
Resolved That the minutes of the regular Council meeting held October 16, 2019 be adopted. Carried Deputations and/or Presentations Proclamations
Regular Meeting of Council Minutes November 20, 2019
Page 12 of 485 Minutes of Meeting held November 20, 2019
Page 2 of 12
AGENDA ITEM #a)
Move into Committee of the Whole Motion #: 192-19
Moved By: Seconded By:
Deputy Warden Smith Councillor Higgs
That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Carried Briefings a)
Mr. Kelly Pender, Chief Administrative Officer, provided Council with his monthly CAO briefing. Unfinished Business Recommend Reports from the Chief Administrative Officer
a)
2019-133 Corporate Services Declaration of Surplus Lands for the purpose of transferring portions of the K&P Trail to the Township of South Frontenac to aid the Township’s development of affordable seniors’ housing
Motion #: 193-19
Moved By: Seconded By:
Councillor MacDonald Councillor Revill
Be It Resolved That the Council of the County of Frontenac accept the Corporate Services – Declaration of Surplus Lands for the purpose of transferring portions of the K&P Trail to the Township of South Frontenac to aid the Township’s development of affordable seniors’ housing 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 identified by PIN#361460591, legally described as Portland CON 1 PT Lots 1 and; 2 CON 2 PT Lots 2 AND 3 CON; 3 PT Lots 3 and 4 CON 4 PT; Lots 3 TO 7 CON 5 PT Lots 7; and 8 CON 6 PT Lot 7 CON 7 surplus for the purpose of transferring portions of the former K&P to the
Township of South Frontenac to aid the Township’s development of affordable seniors’ housing;
Regular Meeting of Council Minutes November 20, 2019
Page 13 of 485 Minutes of Meeting held November 20, 2019
Page 3 of 12
AGENDA ITEM #a)
And Further That staff be directed to negotiate the terms of a land sale with South Frontenac for part of the County owned property located in Verona from Bank Street to the Prince Charles Public School; legally described as Portland CON 1 PT Lots 1 and; 2 CON 2 PT Lots 2 AND 3 CON; 3 PT Lots 3 and 4 CON 4 PT; Lots 3 TO 7 CON 5 PT Lots 7; and 8 CON 6 PT Lot 7 CON 7; subject to the following conditions: Purchase part of the said property for the purposes of aiding the Township’s development of affordable seniors’ housing; The Township maintaining public access to the K&P Trail along the subject lands, including the construction of a multi-use pathway, the configuration of which would be determined through the housing development process; Grant an Easement in the favour of the County of Frontenac over the lands to the County of Frontenac for the purpose of access to the K&P Trail; Purchase the said property for $2.00, in addition to covering all legal, surveying and/or other closing costs, including easement and registration costs. And Further That the Clerk be directed to give public notice of Council’s intention in accordance with By-law No. 17-1995. Carried b) 2019-134 Corporate Services Authorization to enter into an Agreement with the Eastern Ontario Regional Network (EORN) for improvements of cellular coverage in Eastern Ontario Motion #: 194-19
Moved By: Seconded By:
Councillor Martin Councillor Vandewal
Be It Resolved That the Council of the County of Frontenac receive for information the Corporate Services – Authorization to enter into an Agreement with the Eastern Ontario Regional Network (EORN) for improvements of cellular coverage in Eastern Ontario report; And Further That County Council authorize the Warden and Clerk to enter into an Agreement with the Eastern Ontario Regional Network (EORN) to provide $389,750 in funding for improvements of cellular coverage in Eastern Ontario. Carried
Regular Meeting of Council Minutes November 20, 2019
Page 14 of 485 Minutes of Meeting held November 20, 2019
Page 4 of 12
AGENDA ITEM #a)
c)
2019-135 Corporate Services Termination of Agreement with Local Authority Services (LAS) for the provision of Closed Meeting Investigator Services
Motion #: 195-19
Moved By: Seconded By:
Councillor Doyle Councillor Higgs
Resolved That the Council of the County of Frontenac receive the Corporate Services – Termination of Agreement with Local Authority Services (LAS) for the provision of Closed Meeting Investigator Services report; And Further That the County of Frontenac terminate the contract with Local Authority Services (LAS) for the provision of Closed Meeting Investigator Services for the County of Frontenac, reverting to the Ontario Ombudsman as the County’s default Closed Meeting Investigator. Carried 2019-136 Emergency and Transportation Services Queen’s Homecoming Resources Motion #: 196-19 Moved By: Councillor MacDonald Seconded By: Councillor Revill Resolved That the Council of the County of Frontenac receive the Emergency and Transportation Services – Queen’s Homecoming Resources report for information; d)
And Further That Council direct staff to enter into discussions with Queen’s University to request reimbursement for resources required to staff for Queen’s Homecoming annually. And Further That staff add to the discussion a request for compensation form Queen’s University for costs incurred by Frontenac Paramedics for Homecoming 2019. Carried As Amended (See motion to Amend below which was Carried) Motion to Amend Motion #: 197-19
Moved By: Seconded By:
Warden Higgs Councillor Doyle
Be it Resolved That an additional clause be added: And Further That staff add to the discussion a request for compensation form Queen’s University for costs incurred by Frontenac Paramedics for Homecoming 2019. Carried
Regular Meeting of Council Minutes November 20, 2019
Page 15 of 485 Minutes of Meeting held November 20, 2019
Page 5 of 12
AGENDA ITEM #a)
e)
2019-137 Office of the Chief Administrative Officer Fairmount Home - Bed Expansion
Motion #: 198-19
Moved By: Seconded By:
Councillor Martin Councillor Vandewal
Resolved That the Council of County of Frontenac receive the Office of the Chief Administrative Officer – Fairmount Home – Bed Expansion Decision Report; And Further That a decision with respect to the expansion of Fairmount Home be deferred pending the completion of the Long Term Care Report in 2020 and a better understanding of the direction of the Province of Ontario with respect to the governance and operation of long term care in the context of Provincial health care reform, including the establishment of Ontario Health Teams; And Further That the scope of the Long Term Care review be amended to include a high level analysis of the budget implication of adding an additional 32 beds to Fairmount Home. Carried f)
2019-144 Corporate Services Authorization to Complete a Joint Expression of Interest for Municipal Modernization Program Motion #: 199-19 Moved By: Councillor Doyle Seconded By: Warden Higgins Be It Resolved That the Council of the County of Frontenac receive for information the Corporate Services – Authorization to complete a Joint Expression of Interest for Municipal Modernization Program; And Further That County Council authorize staff to complete a joint submission of an expression of interest to the Municipal Modernization Program with the member municipalities in Frontenac. Carried g)
2019-145 Planning and Economic Development Authorization to Complete an Expression of Interest for the Municipal Modernization Program Motion #: 200-19 Moved By: Councillor MacDonald Seconded By: Councillor Higgs Be It Resolved That the Council of the County of Frontenac receive for information the Planning and Economic Development – Authorization to Complete an Expression of Interest for the Municipal Modernization Program;
Regular Meeting of Council Minutes November 20, 2019
Page 16 of 485 Minutes of Meeting held November 20, 2019
Page 6 of 12
AGENDA ITEM #a)
And Further That County Council authorize staff to complete a submission of an expression of interest to the Municipal Modernization Program to complete a third party review of the Frontenac County Economic Development program. Carried Information Reports from the Chief Administrative Officer a)
b)
13
2019-138 Planning and Economic Development Release of Environmental Benefit Permit – Johnston Point – County File 10CD-2014/002 2019-139 Corporate Services 2019 Third Quarter Financial Summary Reports from Council Liaison Appointees
a)
Emergency and Transportation Services - Councillor Higgs
Councillor Higgs provided an overview of the Emergency and Transportation Services liaison activities since the last Council Meeting. b)
Long Term Care (Fairmount Home) - Councillor Martin
Councillor Martin provided an overview of Long Term Care (Fairmount Home) liaison activities since the last Council Meeting c)
Corporate Services - Councillor MacDonald
Councillor MacDonald provided an overview of the Corporate Services liaison activities since the last Council meeting. d)
Planning and Economic Development - Councillor Revill
Councillor Revill provided an overview of the Planning and Economic Development liaison activities since the last Council meeting. Reports from External Boards and Committees a)
Kingston Frontenac Library Board Update - Councillor Revill
Councillor Revill provided an overview of the Kingston Frontenac Library Board activities since the last Council meeting.
Regular Meeting of Council Minutes November 20, 2019
Page 17 of 485 Minutes of Meeting held November 20, 2019
Page 7 of 12
AGENDA ITEM #a)
b)
KFL&A Public Health Board Update - Councillor Doyle
Councillor Doyle provided an overview of the Kingston, Frontenac Lennox and Addington Board of Health activities since the last Council meeting. c)
Housing and Homelessness Committee Update - Deputy Warden Smith
No Report. d)
Food Policy Council of Kingston, Frontenac, Lennox and Addington Councillor Higgs
Councillor Higgs provided an overview of the Food Policy Council, Kingston, Frontenac Lennox and Addington activities since the last Council meeting. Reports from Advisory Committees of County Council a)
Report of the Community Development Advisory Committee (CDAC)
Motion #: 201-19
Moved By: Seconded By:
Councillor Martin Councillor Revill
That the Report received from the Community Development Advisory Committee be received and adopted. Report of the Community Development Advisory Committee The Community Development Advisory Committee reports and recommends as follows:
- 2019-031 Community Development Advisory Committee Open Farms in Frontenac 2019 Be It Resolved That the County of Frontenac maintain its commitment to Open Farms on an annual basis. Carried Return to Council Motion #: 202-19
Moved By: Councillor Vandewal Seconded By: Warden Higgins That Council revert from Committee of the Whole Council, to Council. Carried
Regular Meeting of Council Minutes November 20, 2019
Page 18 of 485 Minutes of Meeting held November 20, 2019
Page 8 of 12
AGENDA ITEM #a)
Adoption of the Report of the Committee of the Whole Council Motion #: 203-19
Moved By: Seconded By:
Deputy Warden Smith Councillor Doyle
That the report of the Committee of the Whole Council be adopted and that the necessary actions or by-laws be enacted. Carried Motions, Notice of Which has Been Given Giving Notice of Motion Communications That Council consent to the following communications of interest to Council listed below be received and filed: a)
b) c) d) e) f) g) h)
Letter from Ontario’s Highlands Tourism Organization Regarding the OH!Tourism Summit 2019, OHTO’s 9th Annual Tourism Conference and AGM. [Distributed to Members of County Council October 18, 2019] From the Ministry of Municipal Affairs and Housing regarding the County’s Financial Indicator Review [Distributed to Members of County Council October 18, 2019] From the Municipality of West Elgin regarding resolution comments on the Provincial Policy Statement [Distributed to Members of County Council October 18, 2019] Letter of Support from The Municipality of West Elgin Regarding the Resolution of the Town of the Blue Mountains [Distributed to Members of County Council October 25, 2019] Letter of Support from The Municipality of West Elgin Regarding the Resolution of the Town of Penetanguishene [Distributed to Members of County Council October 25, 2019] Letter from the Township of Puslinch Regarding the 2019 Provincial Policy Statement Review [Distributed to Members of County Council October 25, 2019] Letter from the Township of Springwater Regarding Nottawasaga Valley Conservation Authority Levy [Distributed to Members of County Council October 25, 2019] Letter from the Township of Springwater Regarding Conservation Authority Levies [Distributed to Members of County Council October 25, 2019]
Regular Meeting of Council Minutes November 20, 2019
Page 19 of 485 Minutes of Meeting held November 20, 2019
Page 9 of 12
AGENDA ITEM #a)
i)
j) k) l) m) n) o) p) q) r)
s)
Letter from the Town of Ingersoll Regarding the Support for Continuation of Mandatory and Non-Mandatory Programs of the Upper Thames River Conservation Authority (UTRCA) [Distributed to Members of County Council October 25, 2019] Letter from the Corporation of the Township of Schreiber Regarding Budget Cuts to the Ontario Library Service-North [Distributed to Members of County Council October 25, 2019] Email from the Condominium Authority of Ontario Regarding the MPs, MPPs and Municipal Leaders Information Kit [Distributed to Members of County Council October 25, 2019] Letter from the Lanark Animal Welfare Society Regarding a Request for a Community Services Grant in the Amount of $1,000 for 2020 [Distributed to Members of County Council November 1, 2019] Letter from the Corporation of the Town of Kingsville Regarding the Support of Local Health Care Services [Distributed to Members of County Council November 1, 2019] Invitation from Queen’s University Regarding the Principal’s Community Breakfast on Friday, November 22, 2019. [Distributed to Members of County Council November 1, 2019] Letter from the Municipality of Prescott Regarding Provincial Consultation on the Transformation of Building Services in Ontario [Distributed to Members of County Council November 1, 2019] Letter from the Grey Sauble Conservation Authority Board of Directors Regarding Resolution No. FA-19-116 [Distributed to Members of County Council November 8, 2019] Letter from the Township of Stirling-Rawdon Regarding Municipal Liability and Insurance Costs [Distributed to Members of County Council November 8, 2019] Letter from the Town of Wasaga Beach Regarding the Resolution from the Township of Springwater – Nottawasaga Valley Conservation Authority Levy [Distributed to Members of County Council November 15, 2019] Letter from the Township of Perry Regarding Transforming and Modernizing the Delivery of Ontario’s Building Code [Distributed to Members of County Council November 15, 2019]
Other Business Public Question Period
Regular Meeting of Council Minutes November 20, 2019
Page 20 of 485 Minutes of Meeting held November 20, 2019
Page 10 of 12
AGENDA ITEM #a)
By-Laws – General By-laws and Confirmatory By-law a)
First and Second Reading
Motion #: 204-19
Moved By: Seconded By:
Councillor Higgs Councillor MacDonald
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 #: 205-19
Moved By: Seconded By:
Councillor Higgs Councillor MacDonald
Resolved That by-laws a) and c) be read a third time, signed, sealed and finally passed. Carried a)
b)
By-Laws To Authorize the Warden and Clerk to Execute and Agreement for the Use of Reserves for the Eastern Ontario Regional Network (EORN) improvements of Cellular Coverage in Eastern Ontario [Proposed By-law No. 2019-0038] To declare lands legally described as Portland CON 1 PT Lots 1 and; 2 CON 2 PT Lots 2 AND 3 CON; 3 PT Lots 3 and 4 CON 4 PT; Lots 3 TO 7 CON 5 PT Lots 7; and 8 CON 6 PT Lot 7 CON 7 surplus the purpose of transferring portions
of the former K&P to the Township of South Frontenac for the development of affordable seniors housing [Proposed By-law No. 2019-0039] [First and Second Reading only] c)
To Confirm All Actions and Proceeding of County Council at its Meeting on November 20, 2019 [Proposed By-law No. 2019-0040]
Regular Meeting of Council Minutes November 20, 2019
Page 21 of 485 Minutes of Meeting held November 20, 2019
Page 11 of 12
AGENDA ITEM #a)
Adjournment Motion #: 205-19
Moved By: Councillor Revill Seconded By: Councillor Martin That the meeting hereby adjourn at 10:23 a.m. Carried
Ron Higgins, Warden
Regular Meeting of Council Minutes November 20, 2019
Page 22 of 485 Minutes of Meeting held November 20, 2019
Jannette Amini, Clerk
Page 12 of 12
23 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
Frontenac County December 18, 2019
AGENDA ITEM #b)
24 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
What is RTO 9 – South Eastern Ontario ➢ Regional Tourism Organization – 13 in the Province of Ontario ➢ Funded by The Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) ➢ $1,171,297.00 + $219,000.00 (Partnership Funds) ➢ Governed by a 13 member Board of Directors ➢ Supported by a RTO Advisory Committee ➢ Operate under the guidelines outlined by MHSTCI
AGENDA ITEM #b)
25 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
This beautiful stretch of Ontario is entirely linked by water – from Cornwall on the St. Lawrence River to Lake Ontario’s Kingston and on to Belleville on the Bay of Quinte. In between, South Eastern Ontario is dotted by the Rideau Lakes and winds its way north along the UNESCO Rideau Canal
AGENDA ITEM #b)
26 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
2019/2020 Board of Directors ➢Kathrine Christensen, Chair, Gananoque ➢Sean Billing, Vice-Chair, Kingston ➢Megan Knott, Treasurer, Kingston ➢Heather Ford, Kingston ➢Melissa Eapen, Kingston ➢Richard Allen, At Large ➢ Kevin Lajoie, Cornwall & S, D & G
➢Trevor Norris, Bay of Quinte ➢Elizabeth Pilon, At Large ➢Pam Robertson, Brockville ➢Carol Sudds, Leeds & Grenville ➢Rob Plumley, Land O’Lakes ➢Edward Shubert, Prince Edward County
AGENDA ITEM #b)
27 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
Product Development ➢ CBRE Accommodation Tracking ➢ Regional Data/Research Collection ➢ Travel Trade Development Training ➢ Ontario Signature Experiences
AGENDA ITEM #b)
28 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
Workforce Development ➢ Industry Workshops ➢ Human Trafficking, Experiential Tourism, Culinary Tourism, Social Media, Staging Events
➢ OTEC – working groups
➢ Ontario East Economic Development Corporation ➢ Community Engagement ➢ Investment and Development Office (IDO)
AGENDA ITEM #b)
Investment Attraction
29 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
Marketing ➢ Destination marketing
➢Contests
➢ FAMS
➢Collateral material
➢ Social media/blogging/influencers
➢Photo/Video Library
AGENDA ITEM #b)
30 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
2019/2020 Partnership Funds ➢ $219,000.00 (50/50) ➢ Collaboration amongst stakeholders and destinations ➢ 4 Initiatives ➢ Travel Media & FAM Tour support ➢ Development & Enhancement of Festivals & Events ➢ Development & Enhancement of Existing Product ➢ Product Development Training
➢ 23 Projects ➢ Over $500,000.00 of economic impact
AGENDA ITEM #b)
31 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
Tourism matters in South Eastern Ontario ➢ South Eastern Ontario – 7.7 million visitors ➢ $817 million in visitor spending ➢ GDP is $526 million ➢ $173 million in tax revenue ➢ $71 billion combined for the province of Ontario
AGENDA ITEM #b)
32 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
650 Dalton Ave Kingston, ON K7M 8N7 613 344-2095 www.tourismtalk.ca www.southeasternontario.ca
RTO 9 Team Steve Weir – Marketing and Communications Manager sweir@thegreatwaterway.com Ext.103
Lori McIsaac– Operations Manager lmcisaac@thegreatwaterway.com Ext.102
Lindsay Medeiros – Digital Media Specialist lmedieors@thegreatwaterway.com Ext.104
AGENDA ITEM #b)
Bonnie Ruddock – Executive Director bruddock@thegreatwaterway.com Ext. 101
33 ofDirector, 485 South Eastern Ontario, Region 9… Ms. Bonnie RuddockPage , Executive
Thank You!
AGENDA ITEM #b)
#tourismmatters
December 18, 2019 Report 2019-11
Page 34 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Administrative Report
AGENDA ITEM #a)
Page 35 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
CAO Schedule EOWC –OHBA meeting, November 21, Belleville
•
Eastern Ontario Treasurers, November 29, County of Frontenac
•
Marysville Secondary Plan Open House, December 5, Frontenac Islands
•
Regional Roads Meeting, December 5, South Frontenac Township
•
EOWC meeting December 6, County of Frontenac
•
NG9-1-1 Workshop, December 10, Kingston
•
Warden’s Wine and Cheese, December 12, Grace Centre, Sydenham
•
AMO Public Health Technical Working Group Meeting, December 16, Toronto
•
County Council December 18, 2019
•
Eastern Ontario Wardens’ Caucus Meeting January 9 and 10, Kingston
Administrative Report, Frontenac County Council, December 18, 2019
AGENDA ITEM #a)
•
Page 36 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
EOWC Updates
•
EOLC December 5, County of Frontenac Agenda included: Governance, Budget and Project Funding
•
EOWC December 6, County of Frontenac Agenda included: Review of Regional Paramedic Study, Meeting with Jim Pine and Alison Blair Warden Higgins confirmed as Chair of the EOLC for 2020 Congratulations
•
EOWC Inaugural Warden’s Meeting January 9 and 10, 2010, Kingston, Delta
Administrative Report, Frontenac County Council, December 18, 2019
AGENDA ITEM #a)
Election of Officers, Agenda Setting for 2020 and Meeting with MPs and MPPs
Page 37 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
EOWC Updates Eastern Ontario Paramedic Situational Review – 3 Key Findings:
- The dispatch system needs to be fixed •
68% of calls are dispatched at the highest urgency – reality only 26% actually are highest urgency
- Hospital offload delays must be addressed •
We learned from the review that, despite an overall decline in Emergency Department visits at hospitals, the time spent by Eastern Ontario paramedics in hospital offload delay is increasing annually. In Eastern Ontario alone, time lost to hospital offload delay averages 4.83 ambulance shifts per day, at an annual cost of approximately $4.8 million
- Community Paramedicine programs must be funded •
Administrative Report, Frontenac County Council, December 18, 2019
AGENDA ITEM #a)
Seniors are only 22.8% of the population but account for 55% of ambulance response. Community Paramedicine is a effective program to reduce call volume and ER visit
Page 38 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
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AGENDA ITEM #a)
Page 54 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
AMO • •
The 2020 AMO Annual General Meeting and Conference will be held in Ottawa from August 16-19, 2020. 2020 Roma Conference pre-registration closes January 16, 2020 at 12:00 p.m.
AGENDA ITEM #a)
Administrative Report, Frontenac County Council, December 18, 2019
Page 55 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Summary
AGENDA ITEM #a)
In Eastern Ontario FPS: • Serves the largest population in the region • FPS has the largest staff complement • Has the second highest vehicle hours only behind H-QPS • Has a below ave. call duration (1.01 vs 1.17 hrs) • UHU is average for the region at 31% (skewed by Urban/Rural) • Provincial aging in place strategy is driving call volume • Call volume expected to increase by 4.3-4.5% p.a. (slightly higher than the ORH Study) • Budget increase were the average of the group (2014-18) 4.7% vs Region average of 4.6% • Capital assets (not incl. vehicles) is less than average • Our expenditure profile is similar to the regions • Our cost per call is less than average ($816 vs $874 ave.) • Our projected annual budget increase (2019-24) is slightly below average (4.6% vs 4.8% p.a. ave.)
Page 56 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
AMO Provincial Matters •
As of January 1, 2020, the WSIB is introducing a new way of setting premium rates for almost 300,000 businesses across Ontario, including Schedule 1 Municipalities. •
County staff are reviewing the potential
AGENDA ITEM #a)
Administrative Report, Frontenac County Council, December 18, 2019
Page 57 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
AMCTO Legislative Updates •
Minister of Health Christine Elliott announced that 5 of the 6 health agencies will move under Ontario Health, a new “super agency,” starting on December 2, 2019. The five agencies transferring into Ontario Health are: Cancer Care, Health Quality, eHealth, Health Shared Services, and HealthForceOntario Marketing and Recruitment Agency. The remaining health agency, Trillium Gift of Life Network, will be transferred at a later date.
AGENDA ITEM #a)
Administrative Report, Frontenac County Council, December 18, 2019
Page 58 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Congratulations on Service Medals
Administrative Report, Frontenac County Council, December 18, 2019
AGENDA ITEM #a)
Geoff Crawford and Percy Vine were presented with their first bar for the Emergency Medical Services Exemplary Service Medal at Queen’s Park, having served as paramedics for more than 30 years. Also present in photo: Superintendent Todd Fisher and Chief Chevalier.
Page 59 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Congratulations on years of service 30 Years: Andrea Bos, Laundry Aide Deb Crawford, Executive Assistant 20 Years: Dave McShane, Lead Hand Maintenance
Administrative Report, Frontenac County Council, December 18, 2019
AGENDA ITEM #a)
Fairmount Home staff celebrating 5, 10, 15, 20 and 30 years of dedicated service.
Page 60 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
2019 Celebrating Accessibility Award
Administrative Report, Frontenac County Council, December 18, 2019
AGENDA ITEM #a)
Congratulations to the Southern Frontenac Community Services as this years recipient of the Celebrating Accessibility Award for its past and continued efforts in making the Grace Centre fully accessible
Page 61 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Communications Update Highlights
• Media release Royal Winter Fair and social media posting • Media relations regarding plane crash in Kingston, paramedics involvement
Website traffic November • www.frontenaccounty.ca 15,670 page views • www.infrontenac.ca 3,868 page views • www.frontenacmaps.ca 4,134 page views
Social media audience on November 31
Increase since Oct 30
3,934 2,463 1,144 4,607
563 952 13,663 178 followers
Administrative Report, Frontenac County Council, December 18, 2019
AGENDA ITEM #a)
County Facebook County Twitter County Instagram FPS Twitter Fairmount Home Facebook Howe Island Ferry Twitter
Page 62 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
The Redbrick Communications Municipal Social Media Survey has been the industry standard for municipal communicators in Ontario since its inception in 2010. The County of Frontenac’s social media strategy is prominently featured as a case study in the 2019 edition, which was just released.
AGENDA ITEM #a)
Page 63 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Planning Update
Department Highlights
November
10
- LEAN Implementation Team meeting scheduled for December
9
9 8 7
- Attended Granite Ridge Education Centre for World Planning Day. Engaged with students on the Central Frontenac Official Plan
6 5 4 3
3
2 1
1
1
North Frontenac
0
Central Frontenac
Committee of Adjustment
Administrative Report, Frontenac County Council, December 18, 2019
Frontenac Islands
Township Council
AGENDA ITEM #a)
0
0
- Working on complex development files:
- Multiple easements
- Commercial development
Page 64 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
County of Frontenac United Way Workplace Campaign A total of $7001 was raised for the United Way serving KFL&A
Administrative Report, Frontenac County Council, December 18, 2019
AGENDA ITEM #a)
At the United Way Touchdown Breakfast on November 28, 2019: Melissa Pedlar, Brieanna Saunders, Angelique Tamblyn, Councillor Doyle, Lisa Hirvi, Chief Gale Chevalier, Richard Allen and Kingston Police Chief Antje McNeely.
Page 65 of 485 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Regional Roads Update
Regional Roads Joint Council Meeting
January 29, 2020 County of Frontenac, Auditorium 5:00 p.m. AGENDA ITEM #a)
Administrative Report, Frontenac County Council, December 18, 2019
SURP 826 Project Course
Page 66University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Shoreline Planning in Frontenac County
AGENDA ITEM #a)
1. Introduction
-
Case Studies
-
Data Analysis
Page 67University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Presentation Overview
- Conclusion
2
AGENDA ITEM #a)
- Recommendations
Page 68University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Introduction
AGENDA ITEM #a)
Page 69University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Background Preparation
▸ Team members hosted a Rural Land Stewardship Workshop in Sharbot Lake on March 22, 2019 ▸ Topics included land stewardship and shoreline protection
4
AGENDA ITEM #a)
▸ Opportunity to consult the public on these topics – 40 people attended
Page 70University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Context
5 Source: Patti, 2011
AGENDA ITEM #a)
Frontenac County faces growth pressure due to their proximity to Toronto and Ottawa, which, paired with affordable waterfront properties, presents major environmental concerns for Frontenac’s natural heritage.
Page 71University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Current Challenges ▸ Limited resources and capacity ▸ Water quality is an immediate priority ▸ Non-complying structures within 30 metre high water mark setback triggers planning approval for expansion
▸ Volume of waterfront redevelopment applications at Committee of Adjustment
Source: Rueckwald, 2019
6
AGENDA ITEM #a)
▸ Current zoning inadequately regulates shoreline development
Page 72University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Current Challenges
AGENDA ITEM #a)
7
Page 73University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Project Objectives The aim of the research was to: ‣ Identify current policies used by Ontario municipalities to regulate waterfront development; ‣ Evaluate the suitability of various development policies and Planning Act and Municipal Act tools for potential use across Frontenac County;
8
AGENDA ITEM #a)
‣ Provide policy recommendations that will effectively and efficiently regulate waterfront development in Frontenac County.
Page 74University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Community Planning Permit System (CPPS) Development Permit System (DPS) ‣ Can be used at various geographic scales ‣ Implemented through Official Plan Amendment or Review and by-law ‣ Must list permitted uses and may have discretionary uses
9
AGENDA ITEM #a)
‣ Only allows appeals from the applicant ‣ Allows for staff-delegated authority to approve applications
Page 75University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Community Planning Permit System (CPPS) Development Permit System (DPS)
Minor Variance Site Alteration By-law
Community Planning Permit System
10
AGENDA ITEM #a)
Site Plan Control
Page 76University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Case Studies
AGENDA ITEM #a)
Page 77University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Case Studies
Minor Variance
Site Alteration
Site Plan Control
Lake of Bays
Prince Edward County
Haliburton
North Bay
Gananoque
Kawartha Lakes
Georgina
Temiskaming Shores
Innisfil
Havelock-BelmontMethuen
Scugog
Carleton Place
12
AGENDA ITEM #a)
CPPS/DPS
Page 78University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Case Study Selection Criteria
Located in Ontario
Similar Population
Natural Heritage
Waterfront Properties
Seasonal Population
Governance Structure
Same Policy and Legal Framework
13
AGENDA ITEM #a)
Utilizes 1 of 4 Planning Tools
Rural Areas
Page 79University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Data Analysis
AGENDA ITEM #a)
Page 80University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Evaluation Criteria Shoreline Protection Geographic Scope
Collaboration with External Agencies
Cost Effective (Applicant) Staff to Application Ratio
Transition Process Applicant Effort
Ease of Enforcement
15
AGENDA ITEM #a)
Application Timeline
Public Support
Page 81University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Final Scores Planning Tool
Rating
Score
61/90
68%
Site Plan Control
42/57
74%
Site Alteration By-law
66/84
79%
CPPS/DPS
99/120
83%
16
AGENDA ITEM #a)
Minor Variance
Page 82University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Recommendations
AGENDA ITEM #a)
Page 83University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Community Planning Permit System Key themes of the CPPS that make it suitable for use in Frontenac County include:
‣ Efficiency
‣ Shoreline Protection
‣ Flexibility 18
AGENDA ITEM #a)
‣ Geographic Scope
Page 84University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Current Challenges ▸ Limited resources and capacity ▸ Water quality is an immediate priority ▸ Non-complying structures within 30 metre high water mark setback triggers planning approval for expansion
▸ Volume of waterfront redevelopment applications at Committee of Adjustment
Source: Good Free Photos, n.d.
19
AGENDA ITEM #a)
▸ Current zoning inadequately regulates shoreline development
Page 85University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Recommendations Education for Planning Staff and the Public
Education for Planning Staff and the Public
20
AGENDA ITEM #a)
▸ Concentrate on public education ▸ Collaborate with lake associations, real estate agents, and relevant stakeholders ▸ Engage through social media platforms
Page 86University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Public Education
AGENDA ITEM #a)
21
Page 87University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Recommendations Education for Planning Staff and the Public
Ensure Compliance with Ontario Regulation 173/16
Ensure Compliance with Ontario Regulation 173/16
22
AGENDA ITEM #a)
▸ Ontario Regulation 173/16 - Community Planning Permits ▸ Official Plan shall designate, set scope, state objectives, outline conditions, and establish criteria in implementation ▸ Official Plan Amendment
Page 88University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Recommendations Education for Planning Staff and the Public
Utilize a Pilot Program for CPPS Shoreline Permits
Ensure Compliance with Ontario Regulation 173/16 Utilize a Pilot Program for CPPS Shoreline Permits
23
AGENDA ITEM #a)
▸ Interviewees suggested phasing the implementation of the CPPS ▸ Community planning system by-law cannot be changed, revoked or replaced for 5 years ▸ Limit scope to shoreline areas
Page 89University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Recommendations Education for Planning Staff and the Public
Consult with Public and Relevant Stakeholders
Ensure Compliance with Ontario Regulation 173/16 Utilize a Pilot Program for CPPS Shoreline Permits Consult with Public and Relevant Stakeholders
24
AGENDA ITEM #a)
▸ Provide public consultation in all townships ▸ Public consultation was emphasized by interviewees ▸ Lake associations can provide local knowledge
Page 90University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Recommendations Education for Planning Staff and the Public
Formulate Application Criteria and Create Application Form
Ensure Compliance with Ontario Regulation 173/16 Utilize a Pilot Program for CPPS Shoreline Permits Consult with Public and Relevant Stakeholders
25
AGENDA ITEM #a)
Formulate Application Criteria and Create Application Form
▸ Application criteria must be established based on class types ▸ Ontario Regulation 173/16 - Community Planning Permits ▸ Sample application can provide guidance
Page 91University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Recommendations Education for Planning Staff and the Public
Consult with Municipalities Using the CPPS
Ensure Compliance with Ontario Regulation 173/16 Utilize a Pilot Program for CPPS Shoreline Permits Consult with Public and Relevant Stakeholders
Consult with Municipalities Using the CPPS
AGENDA ITEM #a)
Formulate Application Criteria and Create Application Form
▸ Interviewees provided great insight into the transition, daily use of, and challenges surrounding the CPPS ▸ Consulting with municipalities using CPPS would be worthwhile ▸ Township of Lake of Bays, the Town of Innisfil, the Town of Carleton Place and the Town of Gananoque 26
Page 92University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Final Considerations
▸ Enforcement ▸ Transition Process ▸ Appeals
Source: Ferguson, 2018.
27
AGENDA ITEM #a)
▸ Community Consultation
Page 93University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Conclusion
AGENDA ITEM #a)
Page 94University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Conclusion
29
AGENDA ITEM #a)
The CPPS is recommended due to its efficiency, flexibility, protection of the shoreline, and overall geographic scope.
Page 95University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Questions?
AGENDA ITEM #a)
Page 96University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Appendix AGENDA ITEM #a)
Note: These slides do not form part of the presentation, but instead will be used to answer any questions that Council may have
Page 97University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Frontenac County
‣ Approx. 4,000 sq km adjacent to the City of Kingston ‣ Four lower-tier municipalities
‣ Over 1,000 lakes 32
AGENDA ITEM #a)
‣ Year-round population: 26,677 with significant seasonal population
Page 98University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Planning Tools
‣ Minor Variances ‣ Site Alteration By-law
‣ Site Plan Control
33
AGENDA ITEM #a)
‣ Community Planning Permit System / Development Permit System (CPPS/DPS)
Page 99University of 485 School of Urban and Regional Pla… Consultant Briefing: Queen’s
Minor Variance ‣ May cover portions of or the whole of a municipality ‣ Contains a set of legally enforceable requirements ‣ Approved through the Committee of Adjustment
34
AGENDA ITEM #a)
‣ Excuses certain provisions under the zoning by-law
Page 100 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Site Alteration By-law ‣ Prohibit or regulate the dumping and stockpiling of fill, removal of topsoil, or altering the grade of the land ‣ Applicant must meet prescribed criteria to receive a permit
35
AGENDA ITEM #a)
‣ Some activities are exempted and may occur without the need for a permit
Page 101 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Site Plan Control ‣ Additional regulatory layer added to a zoning by-law ‣ Applies to certain portion of a municipality termed “site plan control area” ‣ Defined in the Official Plan
36
AGENDA ITEM #a)
‣ Building permits require detailed plans and drawings
Page 102 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Methods
Policy Review
Literature Review
Case Study Secondary Research
SemiStructured Interviews
37
AGENDA ITEM #a)
Recommendations
Page 103 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Sampling Bias Convenience Sampling ▸ ▸ ▸
Interviewees were selected based on their ability to respond within a given timeframe Led to varying numbers of case studies for each planning tool Mitigated through the point system used for rating the planning tools
AGENDA ITEM #a)
38
Page 104 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Rating Scale Good = 3 points
Havelock-Belmont-Methuen (Sample)
Satisfactory = 2 points Poor = 1 point Good Cost Effective (Applicant)
Between 51 and 99 applications are processed between 2 planning staff. No transition was required. The complaint-based system is more difficult to enforce.
39
AGENDA ITEM #a)
Ease of Enforcement
Poor
The cost of this application is less than $1000.
Staff to Application Ratio
Transition Process
Satisfactory
Page 105 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Minor Variance Good = 3 points
Good (3)
Satisfactory (2)
Cost Effective (Applicant)
Havelock-BelmontMethuen
Prince Edward County
Staff to Application Ratio
Prince Edward County Kawartha Lakes
Havelock -BelmontMethuen
Transition Process
Prince Edward County Kawartha Lakes Havelock -BelmontMethuen
Ease of Enforcement
Prince Edward County
Satisfactory = 2 points Poor = 1 point
Poor (1)
Total
Kawartha Lakes
6/9 8/9
9/9
Havelock -Belmont-Methuen Kawartha Lakes
5/9
Havelock -BelmontMethuen Prince Edward County Kawartha Lakes
Application Timeline
Havelock -BelmontMethuen Prince Edward County
Kawartha Lakes
5/9
Kawartha Lakes
Havelock-Belmont-Methuen
7/9
Havelock -Belmont-Methuen Prince Edward County Kawartha Lakes
3/9
Havelock -BelmontMethuen
5/9
Collaboration With External Agencies
Prince Edward County
Geographic Scope
Shoreline Protection
Public Support
Total Score
Prince Edward County Kawartha Lakes
Prince Edward County
Kawartha Lakes Havelock -BelmontMethuen
6/9
7/9
61/90 = 68%
40
AGENDA ITEM #a)
Applicant Effort
Page 106 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Site Plan Control Good (3)
Good = 3 points
Satisfactory (2)
Poor (1)
Total
Cost Effective (Applicant)
Temiskaming
North Bay
5/6
Satisfactory = 2 points
Staff to Application Ratio
Temiskaming
North Bay
5/6
Poor = 1 point
Transition Process
Temiskaming North Bay
6/6
Ease of Enforcement
Temiskaming North Bay
6/6
Applicant Effort North Bay
Collaboration with External Agencies
Temiskaming
4/6
Temiskaming
5/6 North Bay
4/6
Geographical Scope
North Bay
Temiskaming
3/6
Shoreline Protection
North Bay
Temiskaming
3/6
Temiskaming
1/3
Public Support
Total Score
42/57 = 74%
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Application Timeline
Temiskaming North Bay
Page 107 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Site Alteration By-law Good (3)
Good = 3 points
Satisfactory (2)
Haliburton
Staff to Application Ratio
Georgina Haliburton Scugog
Transition Process
Georgina Haliburton
Ease of Enforcement
Georgina
Haliburton Scugog
5/9
Applicant Effort
Haliburton
Georgina Scugog
5/9
Application Timeline
Haliburton Scugog
Collaboration with External Agencies
Haliburton Scugog
Georgina
8/9
Geographic Scope
Georgina Scugog
Haliburton
8/9
Shoreline Protection
Haliburton
Georgina Scugog
7/9
Haliburton Scugog
4/6
Poor = 1 point
Total Score
6/9 9/9
Scugog
8/9
6/6
66/84 = 79%
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Public Support
Georgina
Total
Cost Effective (Applicant)
Satisfactory = 2 points
Scugog
Poor (1)
Page 108 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
CPPS/DPS
Good (3)
Satisfactory (2)
Poor (1)
Total
Cost Effective (Applicant)
Carleton Place Gananoque Innisfil Lake of Bays
Staff to Application Ratio
Gananoque Innisfil
Lake of Bays
Transition Process
Gananoque
Carleton Place Innisfil Lake of Bays
Satisfactory = 2 points
Ease of Enforcement
Gananoque
Poor = 1 point
Applicant Effort
Innisfil
Application Timeline
Carleton Place Gananoque Innisfil Lake of Bays
Collaboration with External Agencies
Carleton Place Innisfil
Geographic Scope
Carleton Place Gananoque Lake of Bays
Innisfil
11/12
Shoreline Protection
Carleton Place Innisfil Lake of Bays
Gananoque
11/12
Public Support
Carleton Place Gananoque Innisfil Lake of Bays
Good = 3 points
Carleton Place
9/12
9/12
Carleton Place Innisfil Lake of Bays
Carleton Place Gananoque Lake of Bays
6/12
9/12
12/12
Gananoque Lake of Bays
8/12
12/12
99/120 = 83%
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Total Score
12/12
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Case Study Selection Criteria
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Definitions Cost Effective (Applicant) Each planning tool was rated on a scale, with higher costs receiving a lower ranking. Excluding two outlier municipalities, the costs associated with the four planning tools range from $0 to $2000. It was decided that applications costing less than $1000 were to be ranked as good, between $1000 and $2000 as satisfactory, and above $2000 as poor.
Staff to Application Ratio
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If the ratio of a municipality exceeded staff resources for Frontenac County, it received a lower rating on the scale. The staff to application ratios of all municipalities were based on the number of applications that are managed by two staff members in one year. Ratios of 1 to 50 applications between two staff members were ranked as good. Ratios of 51 to 99 applications between two staff members were ranked as satisfactory. Ratios of 100 or more applications between two staff members were ranked as poor.
Page 111 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Definitions Transition Process This criterion was evaluated based on whether it was felt that the transition involved no transition or little difficulty, some difficulty, or great difficulty, which determined whether it was ranked as good, satisfactory, or poor. Difficulties included the need for extensive public consultation or LPAT hearings.
Ease of Enforcement
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Some of the case study municipalities required applicants to pay a deposit fee, which would only be reimbursed if the applicant complied with the requirements set out by their permit. Municipalities using this method of enforcement were ranked as good, as the fee would likely encourage compliance. Other municipalities rely on complaints to inform enforcement and do not request a deposit. This was ranked as poor, as non-compliance is more difficult to control using this method.
Page 112 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Definitions Applicant Effort If applicants could complete their application independently, the criterion received a rating of good. If applicants required some collaboration with experts, this was rated as satisfactory. If applicants required extensive collaboration with experts to complete their applications, this was rated as poor.
Application Timeline
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Two methods were used to evaluate this criterion. There are legislated timelines for minor variance, site plan control, and the Development Permit System/Community Planning Permit System. So the first was to determine if the legislated timelines were met. Second, based on the number of days municipalities reported as the average length of time between application submission and decision, a scale was created for evaluating this criterion. Municipalities which, on average, take fewer than 50 days were ranked as good. Those which take between 50 and 100 days were ranked as satisfactory. Municipalities which have an application timeline of over 100 days were ranked as poor.
Page 113 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Definitions Collaboration with External Agencies Planning tools requiring collaboration with 1 to 2 agencies were ranked as good. Tools requiring collaboration with 3 to 4 agencies were ranked as satisfactory. Planning tools requiring collaboration with 0 or 5 or more agencies were ranked as poor.
Geographic Scope Tools that are used to control development over larger areas were rated as good with sufficient geographic scope. Tools which are used on more than a site-by-site basis but did not cover as large an area were ranked as satisfactory with moderate geographic scope. Tools which control smaller areas on a site-by-site basis were rated as poor with limited geographic scope.
Planning tools which provide an adequate level of shoreline protection were ranked as good. Tools which provide some degree of shoreline protection were ranked as satisfactory. Planning tools which provide inadequate shoreline protection were ranked as poor.
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Definitions Public Support Public support was evaluated based on two factors. First, whether the public was involved in the creation of the planning tool and subsequent decisions made using the tool. For example, if the public can attend public meetings and comment on applications, this was rated as good. The second factor was whether it was felt that the public is overall supportive of the use of the planning tool. If municipal staff felt the majority of the public was supportive of the tool, this was rated as good. If the public was either supportive of the tool or had the opportunity to participate in the decision-making process, but not both, the municipality was ranked as satisfactory under this criterion. If the public was not supportive of the tool and did not have the opportunity to participate, this was ranked as poor.
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CPPS for Shoreline Protection “Overall, this By-law protects the health of the shoreline, ensuring that vegetation is protected, prevents the walling effect along the shore, better implements the LSPP (Lake Simcoe Protection Plan) and keeps Septic systems away from the water.” - Innisfil “[…] the beauty of utilizing this system is delegation to staff. The approval delegation to staff. So, if Council and the public are satisfied that staff have the ability to approve certain applications. As you continue to process and facilitate new applications there’s always opportunities to expand that range of delegation.” - Planscape
of development within a Development Permit System. So, that in itself would allow for an extra level of protection for the waterfront properties within the Township” - Lake of Bays
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“[…] tree removal and site alteration are also included in the definition
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Population Comparison
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Importance of Natural Heritage
Almost 90 % of planning approvals in Frontenac involve a natural heritage component. AGENDA ITEM #a)
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Site Visits
Date: September 27, 2019 Purpose
Sharbot Lake (Central Frontenac)
This site visit provided an excellent example of shoreline naturalization.
White Lake (Central Frontenac)
This site visit demonstrated the important role lake associations play in shoreline planning and protection, and the positive impact strict environmental regulations can have on improving lake water quality.
Marble Lake (North Frontenac)
This site visit provided an example of the negative impacts of over-development along shorelines.
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Location
Page 119 of 485School of Urban and Regional Pla… Consultant Briefing: Queen’s University
Bill 108 Amendments • O Reg 301/19: Community Planning Permit Systems - Amends O Reg 173/16.
• Enables the Minister to require the community planning permit system to be used in specified areas (e.g., major transit station areas and provincially significant employment zones). • Removes the ability to appeal (except by the province) the by-law that implements the community planning permit system when the Minister issues an order to require a municipality to adopt or establish a system.
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• Clarifies community benefits charge by-law is so it is not applied in areas within a municipality where a community planning permit system is in effect.
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Report 2019-154 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Megan Rueckwald, Manager of Community Planning
Date of meeting:
December 18, 2019
Re:
Planning and Economic Development – Queen’s University Project Course – Shoreline Protection in Frontenac County
Recommendation Resolved That the Council of the County of Frontenac accept the Shoreline Protection in Frontenac County Study dated December 2019 prepared by the project team from the Queen’s University School of Urban and Regional Planning; And That the Council of the County of Frontenac thank the students for their contributions and dedication to waterfront planning across the County; And Further That the Council of the County of Frontenac direct planning staff to explore recommendations within the study to evaluate alternatives to shoreline protection across the County including the implementation of a Community Planning Permit System. Background In September 2019, Frontenac County retained a graduate student team from the Queen’s University School of Urban and Regional Planning to conduct research to help inform a policy update with respect to waterfront development and redevelopment. The objective of the research was as follows:
- To identify current policies used by Ontario municipalities to regulate waterfront development;
- To evaluate the suitability of various waterfront development policies, Planning Act and Municipal Act tools for potential use in Frontenac County; and
- To provide policy recommendations that will effectively and efficiently regulate waterfront development in Frontenac County.
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Through a policy review of County-wide Official Plans, Provincial legislation and planning documents, the Project Team concluded that there was a strong basis for the implementation of an improved shoreline development approval process, as well as a collective vision for the protection of the natural environment. Within this context, the Project Team identified four planning tools for possible use in Frontenac County in order to regulate waterfront development: minor variances, site plan control, site alteration bylaws, and the Community Planning Permit System (previously referred to as the Development Permit System). Ten criteria were selected to evaluate the planning tools and twelve municipal case studies were reviewed, with each municipality using one of the four planning tools explored in the report. In addition to the review of documents, the Project Team also conducted interviews with key stakeholders including conservation authority staff, municipal planning staff and private consulting firms. The Project Team recommended the Community Planning Permit System as the best planning tool and approach for waterfront planning across Frontenac County. The Shoreline Protection in Frontenac County study is attached. Comment Based on the review, the Community Planning Permit System was recommended by the Project Team. A Community Planning Permit System may be established by a local municipality in a targeted area, which combines zoning review, site plan control and the minor variance process into a single application. A Community Planning Permit System was recommended for the following reasons: Efficiency: By combining planning tools through a permitting system, a more cohesive approach is taken to development which can reduce the duplication of applications/approvals and reduce the amount of time required to process development applications. Flexibility: Development applications can be categorized into classes through which applications requiring fewer changes to existing regulations can be processed quickly and require only approval of planning staff, rather than the Committee of Adjustment. Shoreline Protection: The Community Planning Permit System contains measures, such as discretionary uses, through which to protection of natural heritage can be achieved. This may allow for greater control over development that may negatively impact the waterfront. Geographic Scope: The Community Planning Permit System may be implemented only in specific areas of concern, which may help ease the transition while protecting areas that are in urgent need of regulation.
Recommend Report to Council Planning and Economic Development – Shoreline Protection in Frontenac County December 18, 2019
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In addition to the recommendation of the Community Planning Permit System, the Project Team also compiled a number of recommendations for the implementation of the system. These included:
- Education for Planning Staff and the Public;
- Ensure Compliance with Ontario Regulation 173/16 (O Reg 173/16) - Community Planning Permits;
- Utilize a Pilot Program for CPPS Shoreline Permits;
- Consult with Public and Relevant Stakeholders;
- Formulate Application Criteria and Create Application Form;
- Consult with Municipalities Using the CPPS. Sample public education fact sheets were also created for “Protecting the Health of Your Lake” and the “Community Planning Permit System” (Attachment 2) and a sample application (Appendix F of the report). Key features of the Community Planning Permit System that were identified by the Project Team were also identified as part of the LEAN process improvement exercise for Committee of Adjustment applications. Should Council receive the study and direct planning staff to explore recommendations within the study to evaluate alternatives to shoreline protection, including the implementation of a Community Planning Permit System, staff will do so in consultation with the LEAN process team and ongoing Township-County collaborative planning efforts to identify efficiencies. County of Frontenac Strategic Priority Implications Priority 1: Build community vitality and resilience. This priority includes refining and investing in efforts to accelerate economic development – to grow businesses, attract more visits and expand the tax base. A combined planning approval process of zoning, site plan control and minor variance with straightforward approvals being delegated to staff may accelerate approval processes leading to accelerate economic development. Ensuring that the appropriate amount of resources are dedicated to the establishment of the permitting system and for approval processes will ease with the transition and ensure the strategic priority is met. Priority 3: Champion and coordinate collaborative efforts with partners to resolve complex problems. This priority identifies working with the townships, other municipalities and levels of government on broad infrastructure issues – ranging from environmental concerns to regional transportation strategies for residential, social and economic purposes and access to funding. Engaging the Project Team from Queen’s University represented an opportunity to collaborate externally; the implementation of a Community Planning Permit System would represent an opportunity for Township planning departments to work collaboratively to support regional waterfront protection.
Recommend Report to Council Planning and Economic Development – Shoreline Protection in Frontenac County December 18, 2019
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Financial Implications None at this time. Organizations, Departments and Individuals Consulted and/or Affected Frontenac County Planning and Economic Development Department Township Planning Departments including LEAN Frontenac Consentors Conservation Authorities Key stakeholders in waterfront planning and protection across the County Attachments 1 - Shoreline Protection in Frontenac County Study, December 2019 2 – Public Education Fact Sheets
Recommend Report to Council Planning and Economic Development – Shoreline Protection in Frontenac County December 18, 2019
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Protecting the Health of Your Lake
Why is lake health important? More and more people are taking advantage of the beautiful waterfront areas this province has to offer. Whether it is going out for a boat ride, taking a hike along a waterfront trail, going for a swim on a hot day, or fishing off the dock as the sun sets, families across Ontario love to enjoy everything lakes provide for us. However, increasing development is threatening the health of our lakes. It is critical that we work together to protect the natural environment so future generations can continue to enjoy Ontario’s lakes.
What makes a lake healthy? Good water quality, with low levels of pollutants
Natural shorelines Diverse wildlife and vegetation Free of invasive species Well vegetated shorelines that provide shade Source: Coalition of Haliburton Property Owners Associations
What can you do to protect your lake? x
Reduce the amount of nutrients that enter your lake by avoiding the use of fertilizers, ensuring your septic system is functioning properly, and using phosphate-free soap
x
Create a natural shoreline buffer that will filter pollutants, reduce erosion, and provide habitat for wildlife by planting native species of vegetation along your shoreline
x
Help prevent the spread of invasive species by ensuring your boat is free of plant and animal material before entering a lake, avoiding the use of invasive species of baitfish, and selecting native plant species for your garden
x
Enhance biodiversity on your property by leaving rock and brush piles, logs, and dead trees for wildlife habitat when it is safe to do so
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Community Planning Permit System
What is the Community Planning Permit System (CPPS)? The Community Planning Permit System (CPPS) is a land use planning tool which combines minor variance, zoning, and site plan processes into one application. This tool allows municipalities to address issues in local planning, create strong communities, and streamline development processes. This ‘onestop’ planning service accelerates the planning process by merging the applications and approval timelines of three planning tools into one process.
Key Features of the CPPS Flexible
Streamlined x x x
Combines three planning tools into one Requires only one approval for one application Faster review timelines for applications
x x x
Environmental Protection x x x
Provides a range of options for protecting environmentally sensitive areas Can be used to encourage sustainable development Allows for greater protection of vegetation
x x
x
Allows for the approval of discretionary uses when certain criteria are met Ability to have variation in development standards Better able to address site specific situations Community Helps to facilitate appropriate development Community involvement occurs during the creation of the CPPS Supports the development of strong and healthy communities
When is a planning permit under the CPPS required? All development in areas where the CPPS applies requires a permit. The CPPS defines development as: x x x x
The construction of new buildings or structures, and additions or alterations to existing buildings or structures to increase size or usability The creation of a commercial parking lot, the creation of lots to be used for three or more mobile homes, and the construction of three or more land lease community homes Site alteration, including alterations to grade and the placing or dumping of fill Removal of vegetation
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Report 2019-147 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Susan Brant, Director of Corporate Services/Treasurer
Date of meeting:
December 18, 2019
Re:
Corporate Services – Interim Approval of 2020 Expenditures
Recommendation Resolved That the Council of the County of Frontenac receive the Corporate Services – Interim Approval of 2020 Expenditures report; And Further That Council direct the Treasurer to continue to pay payroll and discretionary expenses in accordance with the amounts approved for the 2019 budget and non-discretionary 2020 accounts as invoiced, until such time as the 2020 budget has been adopted. Background Under the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, Section 289(1) states that an upper-tier municipality shall in each year prepare and adopt a budget including estimates of all sums required during the year for the purposes of the uppertier municipality. Comment As the 2020 budget process will not be completed before the end of the year, it is reasonable to request authorization from Council to continue to pay salaries and general operating expenses until such time as the 2020 budget is passed, in addition to the expenses associated with approved activities and projects. Strategic Priorities Implications Other Important and Continuing County Priorities:
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Respect the taxpayer and keep tax increases close to the rate of inflation Continually improve customer and financial services Organizations, Departments and Individuals Consulted and/or Affected
Recommend Report to Council Corporate Services – Interim Approval of 2020 Expenditures December 18, 2019
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Report 2019-148 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
December 18, 2019
Re:
Office of the Chief Administrative Officer – Request by the Township of Central Frontenac to approve the Township of Central Frontenac Senior’s Housing Business Plan
Recommendation Resolved That the Office of the Chief Administrative Officer – Request by the Township of Central Frontenac to approve the Township of Central Frontenac Senior’s Housing Business Plan report be received for information; And Further That County Council reaffirm its resolution to endorse the funding allocation and disbursements formulas for Seniors Housing projects and that payments to the Township of Central Frontenac be administered by staff as outlined in Staff Report 2016-104. Background At the June 18, 2014 County Council meeting, through recommendations of the Frontenac Islands Seniors Housing Task Force, County Council passed the following resolution: c)
2014-102 Senior’s Housing Task Force (Wolfe Island) – Request for Proposals and Preliminary Pro Forma Cash Flow
Motion #: 149-14
Moved By: Seconded By:
Councillor Purdon Councillor Gutowski
Resolved That the Council of the County of Frontenac receive report 2014-103 Senior’s Housing Task Force (Wolfe Island) – Request for Proposals and Preliminary Pro-Forma Cash Flow;
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And Further That staff be directed to issue a Request for Proposals for a Business Plan for the Frontenac Islands Senior’s Housing Business Plan, (to a maximum upset of $25,000) plus costing for second and subsequent iterations and that the Warden and Clerk be authorized to sign a contract with the successful consultant; And Further That funding for the business plan be taken from monies allocated by County Council for Senior’s projects based upon the formula noted in the report; And Finally That the successful Consultant report back to County Council on the project by October 15, 2014. Carried An RFP was issued that would require the Business Plan to allow for implementation by each Township as well as provide a consistent vision to assist developers. SHS Consulting was retained to carry out the Business Plan, which was developed in consultation and partnership with the Frontenac Islands SHTF Following the development of the Business Plan by the Seniors Housing Task Force – Frontenac Islands, the follow resolution was passed: THAT a copy of the SHS Consulting Business Plan for Seniors Housing – Marysville Project (March 2015) be forwarded to the Council of Frontenac Islands to confirm its commitment to the project concept, governance and specific Township involvement. As noted, the Business Plan was written with the expectation that the Plan template could be applied to each of the other three townships, subject to modifications based on the desires of each Township at a projected cost of $5,000 per Township. The Township of South Frontenac was the second Township to initiate its Seniors Housing Task Force to determine the type of seniors housing that would best suit that Townships needs. Factors considered included:
affordable housing grants that may be available; possible partnerships that may be of assistance; planning processes to be put in place; have the project shovel ready in case funding becomes available; develop a new Not for Profit Community Organization the more money received from outside sources equals less control for the municipality
Following the development of the Business Plan by the Seniors Housing Task Force – South Frontenac, the follow resolution was passed: That a copy of the SHS Consulting Business Plan for Seniors Housing – South Frontenac Project (February 2017) be forwarded to the Council of South Frontenac Township to confirm its commitment to the project concept, governance and specific Township involvement. Recommend Report to Council Office of the Chief Administrative Officer – Request by the Township of Central Frontenac to approve the Township of Central Frontenac Senior’s Housing Business Plan December 18, 2019 Page 2 of 5
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The Township of North Frontenac was the third Township to initiate its Seniors Housing Task Force to determine the type of seniors housing that would best suit that Townships needs. Although the use of the Seniors Housing Task Force was not used for the development of the North Frontenac Seniors Housing Business Plan, SHS and Re-Fact Consulting were retained to guide North Frontenac through the process, including determining the local housing needs and market indicators, carrying out surveys and public consultation to identify community-based indicators and working with the Township working group for consultation and feedback. As a result, SHS and Re-Fact Consulting developed and presented to the Council of the Township of North Frontenac a Business Plan for Seniors Housing for the Township of North Frontenac. Subsequently, on July 19, 2019, Council passed the following resolution, being Recommend Reports from the Chief Administrative Officer, clause d): d)
2019-086 Office of the Chief Administrative Officer Request by the Township of North Frontenac to approve the Township of North Frontenac Senior’s Housing Business Plan
Motion #: 129-19
Moved By: Seconded By:
Councillor Doyle Councillor Higgs
Resolved That the Office of the Chief Administrative Officer – Request by the Township of North Frontenac to approve the Township of North Frontenac Senior’s Housing Business Plan report be received for information; And Further That County Council reaffirm its resolution to endorse the funding allocation and disbursements formulas for Seniors Housing projects and that payments to the Township of North Frontenac be administered by staff as outlined in Staff Report 2016-104. Carried Comment The Seniors Housing Task Force – Central Frontenac met on two occasions in 2017 to determine the type of seniors housing that would best suit that Townships needs. Discussions at those meetings indicated that the project should have some form of affordability associated with it and that the Committee recognizes it will need to take the pod of 5 approach, with a desire for additional pods of 5. The focus should be on rental housing and identify a few locations as some rural residents may not want to leave their communities. Similar to the approach taken by the Township of North Frontenac, the use of the Seniors Housing Task Force was not used for the development of the Central Frontenac Seniors Housing Business Plan; however SHS and Re-Fact Consulting were retained to guide Central Frontenac through the process, including determining the local housing needs and market indicators, carrying out surveys and public consultation to identify community-based indicators and working with the Township working group for consultation and feedback. As a result, Township of Central Frontenac advised staff that SHS and Re-Fact Consulting developed and presented to the Council of the Recommend Report to Council Office of the Chief Administrative Officer – Request by the Township of Central Frontenac to approve the Township of Central Frontenac Senior’s Housing Business Plan December 18, 2019 Page 3 of 5
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Township of Central Frontenac at its meeting held November 12, 2019, a Business Plan for Seniors Housing for the Township of Central Frontenac, after which the following resolution was passed, attached to this report as Appendix A: That Council receive the presentation from Ken Foulds, on behalf of SHS Consulting and Refact Consulting And Further That Council adopt the Seniors’ Housing Business Plan dated October 2019 A copy of the Business Plan for Seniors Housing – Township of Central Frontenac is attached to this report as Appendix B. At its regular meeting held September 21, 2016, County Council received Report 2016104 where Council confirmed, through resolution #162-16, the apportionment for the Seniors Sousing reserve as follows: Total Available
$1,400,000
Less studies to support projects
$TBD (Initial study + local)
Amt. available for disbursement
$TBD
Total ÷ 4
$TBD (Total for each municipality)
For illustration purposes only, assuming the cost of original study plus the four local studies is $50,000, each municipality would receive $337,500 towards seniors housing in their municipality (i.e., $1,400,000 - $50,000 = $1,350,000 ÷ 4 = $337,500). The County is paying the cost of studies from the reserve amount. Further, given that each member municipality will be implementing seniors housing in a manner that reflects local needs and circumstances, it is recommended that disbursement of the funds to each be based upon receipts paid by the municipality as a percentage of total project costs as paid by the municipality. For example, if the total project cost is $1,000,000 as approved by the member municipality, the County would pay to the municipality 33.75% as funds were disbursed as certified by the municipality (i.e, $337,500 ÷ $1,000,000 = 33.75%). The Seniors Housing Task Force does not approve Business plans. It is responsible for the development of the Plan and once developed, passes a resolution to forward the Plan to the Township Councils as noted in the Background of this report. Given that the Township of Central Frontenac has taken a slightly different approach by developing its Business Plan at a more local grass roots level, similar to that of North Frontenac, staff are recommending that County Council reaffirm its resolution to endorse the funding allocation and disbursements formulas for Seniors Housing projects and that payments to the Township of Central Frontenac be administered by staff as outlined Staff Report 2016-104.
Recommend Report to Council Office of the Chief Administrative Officer – Request by the Township of Central Frontenac to approve the Township of Central Frontenac Senior’s Housing Business Plan December 18, 2019 Page 4 of 5
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Strategic Priorities Implications Priority 2: Get behind plans that build community vitality and resilience in times of growth and change. This priority responds to high interest as well as concern shared broadly across the County that communities in the Frontenacs be well supported with infrastructure and services essential to vitality and sustainability in today’s world. This strategy also responds to the pressures for managing growth, housing and development wisely, in ways that are sensitive to local values and priorities. Objectives in support of this strategy: • Pursue proactive planning approaches that reflect local concerns and priorities within strategic regional planning policy so as to enhance service levels, manage rising demand for new housing and deal with new types of development. Financial Implications As noted, the Township of Central Frontenac will be responsible for ensuring that proper invoicing is received and the construction milestones are met. Organizations, Departments and Individuals Consulted and/or Affected Joe Gallivan, Director of Planning and Economic Development Susan Brant, Director of Corporate Services/Treasurer
Recommend Report to Council Office of the Chief Administrative Officer – Request by the Township of Central Frontenac to approve the Township of Central Frontenac Senior’s Housing Business Plan December 18, 2019 Page 5 of 5
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CORPORATION OF THE TOWNSHIP OF CENTRAL FRONTENAC luwnship (ltlice 1084 Ellzabclh Street P 0. Box 39
Sharboi Lake. omano. KOH ZPO Tcl 613179-Z935 Fax (2l3—279—Z422
Web" vWIw.cenlral?’onIenxtc com
November 19, 2019 County of Frontenac 2069 Battersea Road Glenburnie ON KOH 1S0 via email Attention: Jannette Amini, Manager of Legislative Serviceslclerk
Dear Ms. Amini: RE: SENIORS HOUSING—RESOLUTIONOF COUNCIL Please be advised that the Council for the Township of Central Frontenac received a presentation and final Seniors’ Housing Business Plan from Ken Foulds, and passed the following resolution at its council meeting on November 12, 2019: Moved by Elwin Burke, Seconded by Victor Heese THAT Council receive the presentation Consulting and Refact Consulting;
from Ken Foulds, on behalf of SHS
AND FURTHER that Council adopt the Seniors’ Housing Business Plan dated October 2019‘
CARRIED We are planning to move forward on this project. If you would like a copy of the business plan, kindly advise. Yours Truly,
iilA(,>"'<l./l/KJ
ac un Clerk-Administrator Cathy
CM:cd
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BUSINESS PLAN FOR SENIORS HOUSING Township of Central Frontenac October 2019
re fact consulting
Township of Central Frontenac Business Plan for Seniors Housing
re fact consulting
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EXECUTIVE SUMMARY As communities grow and age, the need for suitable seniors housing options is becoming more and more prevalent. This is true of Frontenac County where seniors, as a share of the overall population, will continue to increase over the next 20 years. As a result, Frontenac County Council has designated seniors housing as a priority. The County has likewise allocated funds to explore the feasibility of developing affordable housing projects that address these needs via the preparation of business plans. This report for the Township of Central Frontenac represents the fourth such business plan prepared under this initiative. Using a multi‐step process, the need and viability of such a project was investigated for the Seniors Housing Working Group that was established by the Township. Based on demonstrated needs, community consultation and business case analysis, the concept for a small scale seniors housing project situated in Central Frontenac has been developed. This concept has been tested and found to be viable, subject to the assumptions outlined in this report. Based on the proposed concept, the senior’s housing project would:
Be modest in scale – 10 self‐contained apartment units configured in two 5 pod buildings, housing a total of 8 one bedroom units and 2 two bedroom plus amenity space
Have a total buildable area of 8,100 sf (GFA) arranged in a single storey, slab on grade format
Include basic amenity space ‐ laundry facilities (1 pair) and a small indoor common area for gathering/socialization would be provided for each building
Accommodate seniors mobility needs – providing a safe, indoor access to apartment units while incorporating visitability and accessibility throughout units and common spaces
Support basic affordability – all units would be rental and offered at or below average market rent level. Rents for 5 of the one bedroom units could be established at 80% of average market rent if IAH‐type funding is obtained from the City of Kingston.
Be procured as new construction – this approach would enable single storey slab‐on‐grade construction for each building, using cost‐effective double‐loaded main corridors, wood frame structures and a standard sloped roof
Incorporate practical sustainability features that promote energy efficiency
Be situated on land currently owned by the Township, thereby saving land costs
Be procured through a formal design/tender process (stipulated price contract)
Be financed using a conventional mortgage that is CMHC‐insured with an equity contribution of $330,000 from the County and $100,000 from the Township under an IAH‐funded option
Be owned by the Township and operated on a non‐profit basis
Be managed by Central Frontenac Housing Corporation, should they be agreeable to take on that role.
re fact
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As a result of the financial analysis, it has been determined that the project would be viable based on preliminary cost estimates, anticipated revenues and assumed contributions. While land use approvals are required to permit the intended use, there do not appear to be any significant barriers to securing these approvals. Prior to confirming the project site, due diligence testing would be required to ensure that no environmental concerns or project servicing impediments exist. Based on an initial scan of current conditions and background information, no impediments are anticipated. Viable project governance options exist, the most plausible of which would see the project owned by the Township and managed by an experienced local non‐profit housing corporation.
The Consulting team wishes to thank the Senior Housing Working Group for their insights and guidance in the development of this Business Plan. The team also wishes to express their thanks to County and Township staff who assisted in facilitating various elements of the study and provided valuable feedback.
re fact
Township of Central Frontenac Business Plan for Seniors Housing
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TABLE OF CONTENTS EXECUTIVE SUMMARY …………………………………………………………………………………………………………………….. i 1.0
INTRODUCTION ……………………………………………………………………………………………………………………. 1
1.1
Project background ………………………………………………………………………………………………………….. 1
1.2
Context for business plan ………………………………………………………………………………………………….. 2
1.3
This report ………………………………………………………………………………………………………………………. 3
2.0
Project need…………………………………………………………………………………………………………………….. 4
2.1
Local housing needs and market indicators …………………………………………………………………………. 4
2.2
Community survey …………………………………………………………………………………………………………… 5
2.3
Town Hall sessions……………………………………………………………………………………………………………. 6
2.4
Key informant interviews ………………………………………………………………………………………………….. 7
2.5
Township Working Group feedback ……………………………………………………………………………………. 8
3.0
Project concept …………………………………………………………………………………………………………….. 9
3.1
Form and scale ………………………………………………………………………………………………………………… 9
3.2
Unit mix and affordability ………………………………………………………………………………………………….. 9
3.3
Amenities ……………………………………………………………………………………………………………………… 10
3.4
Preferred project concept ……………………………………………………………………………………………….. 11
4.0
Development Considerations ………………………………………………………………………………… 13
4.1
Potential development opportunities ……………………………………………………………………………….. 13
4.2
Preferred option and procurement …………………………………………………………………………………… 17
4.3
Servicing & technical considerations …………………………………………………………………………………. 18
4.4
Land use approvals …………………………………………………………………………………………………………. 20
4.5
Sustainability …………………………………………………………………………………………………………………. 21
5.0
Financial Feasibility …………………………………………………………………………………………………… 22
5.1
Project assumptions/parameters ……………………………………………………………………………………… 22
5.2
Estimated capital budget…………………………………………………………………………………………………. 23
5.3
Estimated operating budget …………………………………………………………………………………………….. 24
5.4
Funding/capital requirements ………………………………………………………………………………………….. 27
5.5
Financial viability ……………………………………………………………………………………………………………. 27
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6.0
Governance……………………………………………………………………………………………………………………… 29
6.1
Project ownership/oversight ……………………………………………………………………………………………. 29
6.2
Planned approach to management …………………………………………………………………………………… 29
7.0
Moving Forward ……………………………………………………………………………………………………………. 30
7.1
Summary of preferred concept ………………………………………………………………………………………… 30
7.2
Process/critical path ……………………………………………………………………………………………………….. 31
7.3
Key elements & critical success factors ……………………………………………………………………………… 32
APPENDIX A – PRO FORMA DETAILS ……………………………………………………………………………………….. 33 APPENDIX B – SURVEY SUMMARY ……………………………………………………………………………………………. 34
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1.0 INTRODUCTION With an aging and diversifying population, seniors housing in Frontenac County has become a growing priority. Recent studies have examined this housing need within the context of the broader housing market and have identified potential options for meeting senior’s needs throughout the County. As a result of this work, Frontenac County Council has designated seniors housing as a priority and allocated funds to explore the feasibility of developing affordable housing projects by preparing business plans for such projects. This report for the Township of Central Frontenac represents the fourth such business plan prepared under this initiative, following completion of business plans for the Township of Frontenac Islands, Township of South Frontenac and Township of North Frontenac. Bringing a housing project from initial concept to on‐the‐ground reality involves a number of sequential stages. Each stage involves a progressively more detailed assessment of the project to ensure that it continues to meet the community’s needs, is financially feasible and is operationally sustainable. Key resource commitments and go‐forward decisions are required for sponsor groups to proceed from one stage to the next. The scope of work for this study addresses the beginning of this process; preparing a business plan to determine ‘proof of concept’ for the project. Specifically, the purpose of this study was to:
- Produce a business plan for the development of Seniors Housing in the Township of Central Frontenac in accordance with the RFP specifications
- Engage the Township Council and stakeholder groups in a discussion regarding local needs
- Develop a business model that would result in a sustainable senior’s housing project serving the needs of the community.
1.1
Project background
In 2010‐11, the City of Kingston and County of Frontenac undertook development of a Municipal Housing Strategy (MHS). The strategy involved a comprehensive, multi‐phase process which examined housing needs, supply trends and priority gaps within the regional housing market. A detailed review of current policies, programs and local initiatives was also undertaken to determine the degree to which identified gaps were being addressed. As a result of this analysis, a formal stepwise strategy was developed as part of the MHS to address priority issues and housing gaps over the short, mid and long range. One of the emerging priorities identified for Frontenac County through the MHS was the growing senior’s population and concerns about the ability to adequately meet their housing needs looking forward. As a result, the County undertook a more detailed review of the local seniors housing situation to better understand the range of needs and potential solutions that could be used to address these needs. As part of the “Seniors Community Housing Pilot Project Study” completed for the County in 2012, a review of priority issues and existing conditions was completed. An assessment of housing options was also undertaken to evaluate potential seniors housing models and opportunity nodes throughout the County. Implementation considerations, including generic model costing and a policy framework analysis were also documented to help frame options for moving forward with a potential pilot project.
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As a result of the study, it was recommended that a task force be created to pursue the establishment of a pilot senior’s housing project. The County subsequently struck a Seniors Housing Task Force to establish a scope for pursuing a pilot project. The Frontenac Senior’s Housing Task Force met in May of 2014 to review possible directions for the proposed project and determined that the most suitable course of action would be to evaluate potential project options and develop a business plan for the proposed project. In accordance with the senior’s objectives of the County’s Strategic Plan, Council allocated $1.5M in financial resources that same year to pursue development of up to four small‐scale pilot projects throughout Frontenac County, one in each constituent Township.
1.2
Context for business plan
In the “Seniors Community Housing Pilot Project Study”, a range of potential housing options were examined and evaluated against opportunity nodes throughout the County. Given the broad geography, settlement patterns and local needs, a range of potential pilot project options were identified. One of the study conclusions was that a senior’s rental housing project could be an option for development in one of the settlement areas situated in the Township of Central Frontenac (see Figure 1), either through new construction or redevelopment. Following the completion of the first business plan for Marysville within the Township of Frontenac Islands, a second plan for Sydenham in South Frontenac and a third plan for Plevna/Cloyne in North Frontenac, the decision was made to proceed with preparation of the business plan for Central Frontenac, utilizing a similar methodology. A Seniors Housing Working Group for Central Frontenac Township was established to help guide the process for preparing this plan. Figure 1 ‐ Situating Central Frontenac within Frontenac County
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1.3
This report
This report is the culmination of a multi‐staged study process. The steps that have led to the development of this business plan report include:
Based on project assumptions, the report explores the feasibility of a small‐scale senior’s pilot project in Sharbot Lake, the largest settlement in Central Frontenac. As a result, this business plan includes: An overview of need
A defined project concept and discussion of options considered
An overview of the development considerations that would influence the project
A review of financial feasibility
Options for project governance and management
Considerations for moving forward with the project
The business plan provides an assessment of the suitability for moving the concept forward and provides recommendations in that regard.
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2.0 PROJECT NEED This section of the report provides a summary of the housing needs in the Township of Central Frontenac based on gathered statistical and survey data. A formal Needs Assessment report was completed as part of the study in December of 2018. The assessment report details general demographic trends and housing characteristics as well as evaluating the need for affordable seniors housing. Summary results from that report are presented herein. These findings are augmented with the results of a community survey, Town Hall meetings and key informant interviews which were undertaken as part of this study, aimed at determining local perspectives on a potential senior’s project. Collectively, this information establishes a profile of current and future housing needs for seniors in Central Frontenac, providing the analytical foundation for development of the business case.
2.1
Local housing needs and market indicators
To help document and analyze local housing needs in Central Frontenac, a formal Needs Assessment report was developed as part of the study process. The standalone report characterized housing needs, supply trends and affordability conditions in an effort to identify gaps in the local market, especially with regards to seniors. Summary findings from the Needs Assessment report are as follows: Population The population of Central Frontenac increased slightly from 2001 to 2006 but has declined slightly since then, sitting at 4,373 in 2016 From 2016 to 2036, there is projected to be a 29.1% increase in the population. The number of seniors is expected to grow 32.2% from 2016 to 2036. Apart from seniors, growth will be primarily in working age adult and youth age cohorts Households The number of households in the Township have increased slightly from 2001 to 2016 (6.5%), reaching a total of 1,885 By 2036, there will be a projected total number of 2,520 households in Central Frontenac. This will represent a 33.7% increase from 2016. Household sizes are becoming smaller. One‐person households are growing at a faster rate, while households with three or more persons are decreasing. Couples (those with/without children) make up the majority of households in Central Frontenac and couples with children have seen a modest increase in the most recent Census period Almost 20% of senior persons live alone in the Township Household and individual incomes are increasing. The average household income in Central Frontenac in 2015 was $72,205, an increase of 36.8% since 2005 Housing Stock Single‐detached houses are the most common type of dwelling in Central Frontenac and make up almost 95% of all dwellings. There has also been an increase in other dwellings, albeit very minor in nature.
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The condition of dwellings in the Township has remained relatively stable and dwellings requiring major repairs accounted for about 11% of stock in 2016 Housing stock is generally older with most dwellings being built before 1981 (almost 60%) Seasonal dwellings represent a sizable share of all dwellings in Central Frontenac (almost 55% of all dwellings) and will see a slight increase from 2016 to 2036 (2.7%) About 411 hectares of land within Central Frontenac is available for future residential development, representing 16.0% of the total vacant designated land within all County settlement areas
Affordability Based on Census data, the average house price in 2016 in Central Frontenac was $256,906 From 2005 to 2015, the average price increased by 74.1% as compared to the County (48.4%) Average rents have increased in areas surrounding the Kingston CMA (Zone 4). The average rent increased by 30.9% from 2010 to 2017, an annual average of 4.4% Based on survey results, local rents are moderately lower than CMHC Zone 4 averages The vacancy rate for the same zone in 2017 was 1.0% for all dwellings compared to 5.2% in 2016 Almost half of all renters and 20% of owners in Central Frontenac are deemed to have an affordability problem (i.e. are spending 30% or more of income towards shelter costs) Synopsis of analysis As a result of the above analysis, demographic and housing trends for Central Frontenac show that:
Seniors households and their housing needs will continue to be a priority
For some seniors, isolation will be a factor
There are very limited options in terms of housing, especially for rental
Seasonal dwellings are a significant part of the housing landscape
Shelter costs have risen substantially faster than average household incomes over the last 15 years
Affordability is an issue for many senior households
This analysis demonstrates that there is a modest demand for affordable, purpose‐built rental housing and that as the seniors population continues to grow in the Township, a greater range of options will be required to meet their needs and enable them to ‘age in place’ in the community.
2.2 Community survey To augment the needs analysis and gather local community perspectives on housing needs, a survey containing some 20 questions was administered to local residents in early 2018. Surveys were made available in both on‐line and hardcopy formats, and all responses received were integrated into Survey Monkey to facilitate tabulation of results. A total of 118 completed surveys were received and while most respondents answered all questions, some chose not to reply to certain questions. Overall, results from the survey indicated that: • Respondents were mainly seniors (65+) and reflective of broader community tenure
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• • • • • • • • • • • • •
Most respondents were from Central Frontenac with the bulk of others from elsewhere in the County Seniors housing needs are a priority, although housing for others is also important Sharbot Lake is a key location due to services/amenities Preference is for apartment and row housing forms Support exists for a project size of 6‐20 units, mainly one or two bedroom units Typical rural‐type amenities are desired within the project Proximity to seniors‐oriented services are also desired Preference for eligibility favouring local residents but strong support for any seniors Affordable rent ranges (under $750) or near market (under $1,000) are preferred No clear consensus was identified on a lead role in project (Twsp. vs. non‐private) Having government assistance in the form of grants, waivers or land was supported There is a high degree of interest in living in the facility but mainly in 5 years or beyond ‘Other’ comments that were noted: • A housing facility is needed, move it forward • More supported forms of housing will be needed, if not today then soon (i.e. some assistance that helps seniors remain independent) • Affordability and community atmosphere are important
A more detailed summary of survey findings and associated frequency charts for each survey question can be found in Appendix B of this report.
2.3 Town Hall sessions To help gather additional stakeholder and community feedback, two Town Hall session were held in Sharbot Lake in February of 2018 (one in the afternoon, one in the evening). A broad cross section of groups and individuals were invited to the sessions, resulting in a total attendance of about 40‐50 persons. At the start of each session, a presentation was provided on the study process, needs analysis, findings to date and next steps. Following the presentation, a facilitated discussion was held among participants to gather their views/perspectives on housing issues in Central Frontenac. Feedback from these Town Hall sessions can be summarized as follows: • Limited housing choices exist today • Affordability is an issue for some but not for all • Solutions are needed today, we can’t wait years to resolve them • Services/supports are a critical need, how can this be addressed? • ‘Aging in place’ is good but servicing people in remote areas in their homes is a challenge • Why is it so expensive to build new? We need to do it more economically • Why not make more use of existing homes (2nd suites, home sharing, etc.)? • If stock is already aging, why invest in it further? • Mixed feelings about the conversion of seasonal dwellings as a housing option • Why not encourage condos or private market options too? • Adaptable design, energy efficiency and sustainability are a;; important • Need to make it more attractive to NOT leave the area (i.e. maintain services/amenities)
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• • • • •
There are other potential impacts on growth (e.g. in‐migration, expansion of Hwy 7, etc.) Seniors are no longer just those 65+, a broader definition should be used Housing is not just a seniors issue – other groups need housing too Integrating housing for groups could be an option (e.g. mixed housing that includes seniors) Resources are needed to make housing happen, municipal dollars are not enough
Feedback from the Town Hall sessions was duly considered by the Working Group as it was determining the most suitable concept for a seniors housing project.
2.4 Key informant interviews As an additional avenue for gathering feedback, a number key individuals in the community were identified in order to seek out their insights on seniors housing. From among the 10 invited individuals, 6 interviews were conducted using a general range of questions to help guide each interview. Respondents provided a variety of suggestions and valuable feedback. Key findings from these interviews indicated that: • Seniors needs are important but are actually a reflection of two distinct groups: residents and ‘transplants’ – the views of each group shape their expectations • The role families play in supporting seniors has housing dimensions too • Initially, services at home can help maintain independence • Care needs are inevitable to serve seniors changing needs, there is a need to plan accordingly • There is a clear shortage of appropriate & suitable options today • Housing issues exist for non‐seniors too, and there is a clear impact on the community when housing options are not available • New supply is needed in order to expand the housing stock but retrofits/alteration of existing stock are also a possibility • Low maintenance and affordability are key for seniors • Transportation remains a challenge in terms of access • Breadth of services/amenities and walkability makes Sharbot Lake a prime location for a seniors facility, and the former school site there is ideal • Housing in other locations of the Township would help spread the benefits • Rental options are most desirable and developing small 6 or 8 plexes are at a good scale since they can be readily financed • Shared housing models (coop, co‐housing) are also an option, as are tiny homes or other ownership models • Solutions are more than building new – promoting 2nd suites, granny flats, etc. is also important • Township role is seen best as a facilitator, municipal government can’t do it all • Actively encourage private sector engagement (via partnerships or with incentives to build) • Project financing options should consider local investors since the benefits will be local As with feedback from the Town Hall sessions, key informant feedback was duly considered by the Working Group as it determined the most suitable concept for a seniors housing project.
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2.5 Township Working Group feedback In late spring of 2018, the consulting team met with the Working Group and reviewed the findings arising from the research and consultations to date. The status of local school sites and preliminary technical considerations with regards to private servicing were also reviewed insofar as they might influence the project concept. At the meeting, the group expressed its support for the concept that was emerging and confirmed the following direction for development of the business plan:
The project should be located in Sharbot Lake, ideally on Township property, recognizing that the former Public School site would be ideal
A project size of 5 to 10 self‐contained rental apartment units was preferred with a mix of one and 2 bedroom units
In terms of affordability the preferred unit mix was considered to be 50% at average market rent and 50% at affordable rent (i.e. lower end of market, equivalent to 80% of the average market rent) The project should Include laundry and social gathering space (modest in size)
Partnering with the existing community non‐profit housing corporation (Central Frontenac Housing Corporation) was of interest and would enhance the success of the project
The Township was interested in owning the project but felt that management of the project was better suited to an experienced operator. Given their experience in managing affordable housing, Central Frontenac Housing Corporation should be approached to determine its potential interest in managing the facility.
Based on preliminary technical discussions, it was noted that water testing requirements associated with multi‐unit residential buildings on private servicing was a factor for consideration. Where a well supplies 6 or more residential units, significant on‐going testing obligations are required by legislation. The resulting costs for meeting these requirements which are the obligation of the owner are significant, especially for smaller scale projects which already have cost challenges due to affordability and lack of scale economies. As a result, the initial concept assumed the use of the 5 unit pod model that had been considered for other seniors projects investigated in the County. This approach envisions the development of building pods comprised of 5 units, each building with their own well, thereby allowing projects to be scaled up in a modular fashion in multiples of 5 (i.e. 5 units, 10 units, 15 units, etc.). The following section of this report provides a suggested concept plan for the project based on the above feedback.
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3.0 PROJECT CONCEPT This section of the business plan defines the project concept, as informed by local needs, community and stakeholder feedback as well as Working Group feedback. These perspectives helped establish the form, scale, unit mix and affordability for the prospective project. Associated project amenities are also defined, recognizing the small scale of the project. As a result of these attributes, basic configuration options for a preferred project concept have been identified. This concept is then analyzed in terms of development potential and financial feasibility in subsequent sections of this report.
3.1
Form and scale
In terms of project form, it is clear that seniors tend to favour low rise forms which are grade‐related. This building configuration is highly supportive of accessibility and eliminates the need for stairs, lifts or elevators. As such, a single storey slab‐on‐grade configuration offers the accessibility and straight‐forward layout suitable for a project of this scale and client type. Likewise, using conventional wood frame construction and a standard slope roof for this building form would be highly economical. At the same time, it is recognized that a single storey building requires more land than a multi‐storey building and that, when combined with the land area required for a septic system and separation distance required for a water well, creates a need for a suitably‐sized property. Therefore, sites with a minimum size of two or more acres are considered most appropriate for project development. In terms of the units themselves, demand has shown a strong affinity for self‐contained apartments that are geared to seniors capable of independent living. This means that each residential unit would have its own kitchen and washroom facilities, unlike congregate living arrangements where these facilities can be shared. From that perspective, the project would be much like a typical low rise rental building. Aligning these residential units around a double‐loaded corridor would also provide a high degree of efficiency. Given the current level of demand and the stated preference for smaller scale, the proposed project is being recommended at 10 units organized in two 5 unit pods.
3.2 Unit mix and affordability Traditionally, senior’s housing projects tend to have smaller unit sizes – either one or two bedroom units ‐ as compared with family units, reflecting their inherently smaller household size. Furthermore, affordable seniors units tend to be predominantly one bedroom in size rather than two bedroom, a direct reflection of the rental cost of the unit. Where affordability is less of a concern and household demand warrants, senior’s projects would typically have a higher share of two bedroom units. Given the affordability profile envisioned for the project, a unit mix of 80% one bedroom and 20% two bedroom is proposed. For a project of 10 units, this would mean 8 one bedroom units and 2 two bedroom units. As indicated through community feedback, there is a high degree of interest in rental tenure for the project. This is in contrast to seniors housing models that allow for ownership or some form of equity stake (i.e. condominium, life lease, etc.). Apart from the affordability that rental accommodation provides, there was a clear sense from consultations that prospective residents who were homeowners and would be
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downsizing would not be interested in locking up equity in such a project. Instead they would choose to reserve the use of their equity for other retirement purposes. The consultation and income analysis showed that a mix of market rent and affordable rent units was most desirable for the project. Funding could be available through the successor to the Investment in Affordable Housing Program which is administered by the City of Kingston, the Service Manager for the area. As such, a preferred scenario has been developed which assumed units funded under an IAH‐type program. Under this scenario, it was assumed that 5 one bedroom units would be rented at 80% of Average Market Rent (AMR) for the area and the balance of units rented at full average market rent. To encourage energy conservation and to buffer against utility cost impacts, tenants would be responsible for their own heat and hydro costs. To better facilitate this, individual unit heating/cooling systems have been assumed rather than large shared systems. Given the affordability parameters for the project and the senior client group, it is assumed that a modest unit size would be suitable. This reflects the fact that unit size has a direct influence on overall unit cost and as such, has an impact on project financial viability. However, because a number of units are anticipated to rent at near market rates, they would need to provide comparable value in the market place in order to attract/retain tenants. Small‐scale projects like this do not benefit from scale economies and as such, can be more expensive to build on a per unit basis. It is important therefore to rationalize built floor area with regard for maximum chargeable rent in order to support viability. With this in mind, one bedroom units are assumed at a size of 600 square feet (gross floor area, GFA) while the two bedroom units have been assumed at 750 square feet GFA.
3.3 Amenities In terms of in‐unit amenities, it is anticipated that standard appliances would be provided (fridge + stove) along with modest storage space. It is also assumed that visitability would be provided interior to the units by maintaining open radius layouts in both the kitchen and bathroom of each suite. Building in options for grab bars in unit bathrooms is also assumed. In terms of building visitability, wider common corridors and open radius layouts in laundry and common areas would be employed. In addition to constructing the building at grade, common entry doors would provide for full accessibility. Two units would also be semi‐ modified to accommodate tenants with mobility impairment, incorporating additional unit features like a roll‐in shower and more accessible kitchen. This would provide the ability to meet changing needs as tenant’s age in place. Surface parking would also be provided, recognizing that while most tenants would prefer walkability, there would be a need to provide for basic parking as well as visitor parking in accordance with zoning requirements. It is assumed that 12 parking spaces would be provided as part of the project concept. Community consultations identified a wide range of potential amenities/features that could be included within the common area of the project. At the same time, there was a recognition that only modest opportunities for amenity space would exist for a project of this small scale. As above, scale economies for smaller projects make it challenging to add additional GFA due to the limited offsetting income potential of this space. The more amenity space that is added, the more expensive the project is to build and operate on a per unit basis.
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While there are cost pressures inherent in adding amenity space, creating opportunities for tenants to socialize in a sheltered space was highly valued by stakeholders. To strike a balance in this regard, it has been assumed that a double loaded common corridor would be used to connect all units internally, providing a common access point to the project as well as sheltered access to each unit. Modest coin operated laundry facilities would also be provided (1 pair washer/dryer per building) for added resident convenience. Adjacent or in combination with this space, it is also assumed that a common sitting area would be provided in each building for the benefit of all tenants. This informal space would provide year round indoor shelter and would account for not more than 500 square feet GFA per building. The size and configuration of this space would be subject to adjustment based on overall building layout. In addition to a small individual patio areas for each unit, a common outdoor amenity area would also be provided adjacent to the common interior space.
3.4 Preferred project concept Based on evaluated needs, consultation feedback and with regard for project development experience, a preferred project concept has been developed. The proposed project concept assumes:
10 self‐contained rental apartment units in two 5 pod buildings, each building configured with units aligned along a common, double loaded corridor
Of these units, 8 would be one bedroom units (600 s.f.) and 2 would be a two bedroom unit (750 sq. ft.) – two units would be semi‐modified for mobility needs
Units would be geared to seniors (65+) who are able to live independently
Market rents charged for all units would be equivalent to average market rents in the area and would not include utilities (i.e. heat/hydro paid by tenants)
Where IAH‐type funding is secured for the project, the rents charged for funded units would have to be no more than 80% of the average market rents
Laundry facilities and a modest common room area would be provided for tenant socialization
Total initial building GFA is estimated to be in the order of 8,100 s.f. (GFA)
Building construction for each pod is anticipated to be in a single storey, slab‐on‐grade form with conventional wood framing and a standard sloped roof
Water and septic services for the project would be provided via private on‐site systems
To facilitate aging in place, the building and the units would be designed to a visitable standard
Surface parking for 12 spaces would be included in the project
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While the ultimate design of the project would provide for component space and the overall configuration of the building, a conceptual layout is provided for illustrative purposes in Figure 2. This is conceptual only and illustrates the expandable 5 pod model being proposed. The actual siting of each building pod on the property would be subject to well location, septic bed layout, site topography and site plan layout. Figure 2 ‐ Conceptual building layout
Having established the preferred project concept, subsequent sections of this report will assess associated development considerations and evaluate the financial feasibility of the project.
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4.0 DEVELOPMENT CONSIDERATIONS A number of development considerations were examined as part of the concept evaluation process. These included a review of possible development opportunities, options for procuring the project, as well as technical/servicing considerations. This section of the report also examines required land use approvals and sustainability features associated with the preferred project.
4.1
Potential development opportunities
Based on existing needs, community amenities and consultation feedback, a project location within an established settlement area and close to amenities/services was considered most desirable. The utilization of Township property was also seen as beneficial for financial reasons. Initially, two potential school site were examined; one in Parham (Hinchinbrooke P.S.) and one in Sharbot Lake (Sharbot Lake P.S.). These sites were identified primarily on the basis of their existing structures, land size/configuration and municipal ownership. Initial investigations deemed these properties to be less attractive from the perspective of utilizing the existing structures but the lands were deemed suitable. Between the two sites, the Working Group had a clear preference for the Sharbot Lake site, given its proximity to a wide array of services and amenities. To ensure that other possible Township sites in Sharbot Lake were considered, Township staff also identified another property within the village proper adjacent to Elizabeth Street. As a result, two properties in Sharbot Lake were examined as part of a more detailed review (see Figure 3). In addition to preliminary technical reviews, site visits were also conducted to assess potential for each prospective development opportunity. As a preliminary level assessment, the results of these reviews are discussed in general terms and results noted below. The properties identified by the Township were assessed against their potential to address site requirements for the project while still maintaining reasonable proximity to services and amenities. New construction on appropriate vacant lands within established settlement areas is considered the most appropriate option because it:
does not require extensive land assembly with multiple parties in order to effect
provides more financial and design flexibility to configure spaces in accordance with the preferred building concept
avoids any potential issues associated with adaptive re‐use or demolition of existing structures (i.e., code issues, designated substances, servicing and HVAC constraints, etc.)
better suits the visitability/accessibility requirements of the project in a single storey configuration due to larger available site areas
Redevelopment and acquisition/rehabilitation options were deemed to be less attractive due to the limited opportunities and economic/operational factors. As such, they were not targeted for evaluation as part of this business case process. In the case of Sharbot Lake P.S., the site was deemed only usable for new
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development with the existing building slated for demolition. As such, this property has been evaluated within the business case as if it is a vacant property. The assumed project floor plate of 8,100 square feet and lot requirements for septic system services and water well separation distances mean that the minimum lot size for the preferred project concept in a single storey configuration would be in the order of 2 ‐ 3 acres, depending on soils conditions and surrounding uses1. There are limited options in terms of vacant parcels within the village boundaries – whether municipal or otherwise ‐ that could meet these requirements. While options may exist beyond these boundaries, they would situate a prospective project further from the community services, amenities and conveniences that may be available. Figure 3 ‐ Potential sites in Sharbot Lake
Site review Both properties were examined for suitability under a new construction scenario. It should be noted that both sites would require development approvals in order to accommodate the permitted use and from that perspective, were deemed equally impacted. The sites reviewed are also located in close proximity to one another within the core village area, although the school site is more centrally located and had direct access from multiple streets.
1
This lot sizing is based on traditional private servicing norms and is reflective of individual site servicing. Where communal service systems or alternate septic system technology is employed, smaller lot sizing may be permissible.
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A number of services are available in the core village area, including: • Municipal offices • Restaurants/coffee shop • Community hall • Grocery store • Post office • Community services/offices • Library + parks • Medical clinic • Royal Canadian Legion • Banking facilities • Church • Professional services • Inn + Bed & Breakfast • Retirement home (private) Further from the main village core, there are variety of other service and amenities also available including schools, gas stations, general and convenience stores, bakery, OPP station, LCBO, beer store, hardware store and hair salon. As the largest settlement within Central Frontenac and given its location straddling the Highway 7 and Highway 38 junction, Sharbot Lake acts as a service node to the surrounding region. The two municipal sites in Sharbot Lake that were reviewed are discussed below. Site #1 – Garrett Street site (Sharbot Lake P.S. property) The site has the following characteristics: • 2.93 acres in total • 600’ primary frontage on Garrett St., secondary road frontage on Robert Street and Highway 38 • Topography slopes down from southwest to north east towards Highway 38, exposed bedrock is evident • Existing former school building, well + septic system on site • Official Plan designation is Residential District + Commercial District • Zoning is R1 (general residential) + C (general commercial) The overall site is reasonably sized but the topography of the site and exposed bedrock would be development factors. The existing school building is slated for demolition and building in proximity to this footprint would be plausible. Any prospective environmental issues associated with the existing building would need to be addressed as part of the demolition process. Situating a new build to take advantage of existing well and septic systems would represent a design challenge and have layout impacts. The site is in immediately proximity to Highway 38 and services in the village core area are nearby. In terms of land use, the site would require rezoning to RM (multiple residential) to permit the intended use and would likely need added relief to address zoning provisions (i.e. setbacks, etc.). Site #2 – Elizabeth Street site The site has the following characteristics: • 4.16 acres in total • Proximal to Elizabeth Street but no formal road frontage • Topography is flat and open but lower in elevation and with adjacent ponding • Vacant – no buildings on site, no services • Official Plan designation is Residential District • Zoning is R1 (general residential)
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The site is adequately sized and may be suitable for use but has development issues which could influence its use for housing. Currently the site does not have formal road access and parcel consolidation or re‐alignment would be required to secure formal road access. The low elevation of the site may also signal issues associated with proximity to water table, soil bearing issues and questions regarding ability to install private well and septic systems. Its proximity adjacent to a former railway corridor also may signal environmental considerations which would need to be confirmed via testing. As with site #1, the site is proximal to the core area but is not as centrally located. In terms of land use, the site would require rezoning to RM (multiple residential) to permit the intended use and would likely need added relief to address zoning provisions (i.e. setbacks, etc.). Preferred property Of the two sites reviewed in detail, the site deemed preferred by the Working Group was the Garrett Street site (as shown in Figure 4). The site is of ample size to accommodate the proposed development once the demolition of the current school building is completed. The proposed project may also be able to capitalize on the existing well and septic system situated on‐site, although the layout and configuration of the new buildings would need to have regard for the location of the existing systems. Technical testing would be required to confirm the suitability of the systems to accommodate proposed potable water and waste water requirements, and an additional well would need to be drilled under a private servicing scenario to accommodate the 2‐pod development model. Under a communal servicing approach, on‐site requirements may be substantially reduced, depending on location and configuration (see section 4.3 for a more detailed discussion on servicing options). Figure 4 – Garrett Street site (Sharbot Lake P.S. property)
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No environmental issues are known to exist on the property but to ensure this, an Environmental Site Assessment would need to be undertaken as part of the due diligence process. Alternately, a Record of Site Condition issued post of demolition may be an alternate way to address this need. Given that the site is to be made available by the Township on a vacant possession basis, the property will be provided post of the demolition of the school building and with the site cleared of all materials and debris. Soils investigations would also be required as part of the due diligence process to confirm geotechnical conditions and to define septic servicing parameters where the existing on‐site system was deemed unable to meet project needs. Cost allowances for basic technical testing have been included within the financial modelling for the project. The property identified has a number of strategic advantages when weighed against the other property options that were examined over the course of the study. The subject site is:
suitable in size and has sufficient frontage to support the proposed concept has an existing well and septic system on site that could help to service project needs can accommodate new well and septic systems if these are ultimately deemed necessary via testing situated in close proximity to the core village area and the range of amenities it offers owned by the municipality and as such, can be re‐zoned to permit seniors housing in a more direct manner than an external organization
4.2 Preferred option and procurement Given the defined project concept and the prospect of the site being provided on the basis of vacant possession post of demolition, there is a clear preference for developing the proposed project under a new construction scenario. The Garrett Street site presents a viable opportunities for development but would be subject to appropriate due diligence investigations to confirm the usability of existing well water and septic system facilities on‐site. Geotechnical investigations and installation of a new water well would also need to be considered as part of this review. Locationally, the site is situated near the core of the village area and therefore has direct access to a number of basic amenities via a short walk. The site is of sufficient size to accommodate the building form/size currently envisioned and may have potential for future expansion if incremental servicing can be accommodated and configured within the planned site layout and the topography of the site. Typically under a new construction scenario of this type, procurement of the project would be pursued through a formal tender and fixed price construction contract. To help guide the development process, a proponent would also engage an experienced development consultant. The role of the consultant would be to guide the proponent through the development process, from initial concept and feasibility testing through to construction and move‐in. As part of this process, the proponent would also engage an architect to undertake project design. Once design drawings and construction documents were developed and approved, the project would be tendered for pricing, either by invitation or by public tender call. This would encourage competitive pricing for the project among qualified local contractors. This is a standard procurement approach and one that is commonly used where public funds are involved. Financial modelling assumptions have assumed a typical design and tender process with conventional construction techniques. As such, pro forma figures include development consultant, architect and
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contractor estimates. While 10 units are anticipated under this initial concept, it would be prudent to design allowing for the potential expansion of the project in the future. In that regard, initial project siting should have regard for the requirements of any possible future expansion. The same holds true for the design and siting of the required servicing systems. A wide range of septic technology exists and it would be advisable to design‐in the potential for future expandability for the existing system to help make most efficient use of the site area. Where communal servicing options are to be pursued locally, the configuration of the project and layout of the site would also need to have regard for this future potential.
4.3 Servicing & technical considerations As noted, there are technical and service considerations associated with project development, many of which must be considered as part of the due diligence process prior to property acquisition and configuration. In the case of the proposed project, the most basic of these is the requirement for an Environmental Site Assessment (ESA). A phase 1 ESA would typically be undertaken as a screen to determine if there are any potential environmental issues associated with the property. This is primarily due to legislation around environmental liability which places obligations on property owners in regards to found contaminants. Given that demolition of the existing structure would clear materials and debris from the site, it is assumed that a Record of Site condition would be secured through that process. No known environmental conditions exist for the property but where required, a phase 1 ESA would be completed to confirm this. The current financial pro forma has allowed for a phase 1 ESA but has not included an allowance for any environmental remediation. A second consideration relates to septic system requirements for the project. It is expected that a class 4 septic system would be required for the project in order to meet legislated requirements. An existing system has been located on‐site that was reportedly installed in 1984 and used for the former school. It is located in the northwest corner of the property and it is comprised of a distribution/holding tank (9000L) and two filter beds (+/‐ 50m2 each). The size and design of such systems are based on anticipated flow calculations as well as the type and quality of the filter medium used. An inspection and testing of the septic system would be required in order to confirm its remaining service life and its suitability in terms of size and configuration to meet project needs. Pro forma assumptions have allowed for septic system testing that will help determine the adequacy and usability of the on‐site system. Where the system is of insufficient size or construction to permit development, expansion of the existing system or design/construction of new system may be required. In this instance, the condition of the soils on site are a key factor in determining septic system requirements. These same studies could also be used in determining structural bearing requirements for footings and site works. Given the former site use and the preference for a single storey slab‐on‐grade form with wood frame construction, these requirements are anticipated to be quite minor. Pro forma assumptions have allowed for soils testing but have not allowed for additional septic system costs beyond the existing on‐site system. It should be noted that emerging technologies are continuing to expand the range of available options to address private septic system requirements. In many instances, these options serve to enhance efficiency by reducing the site area necessary for treatment/filter medium, thereby promoting more efficient use of land. Where the existing systems are deemed insufficient, the results of soils analysis may help identify
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other potential private system options for consideration, include options that could be expanded in the future to accommodate additional housing units. Given the siting restrictions for septic systems, it will be important under this scenario to consider design options early in the development process to help inform site configuration and layout. It should also be noted that the option of communal servicing was identified in the site review process. Under this option, servicing would be shared among a number of land holders and the cost for installation and maintenance of the systems would likewise be shared. The primary benefits of this approach are that it enables a more efficient use of land as compared to individual private systems and helps to defray the cost of servicing on per a unit basis by sharing these costs across multiple owners, which is typically more cost effective when compared against municipal systems. The reduced number of private systems is also seen as a key benefit, reducing the number of potential impairment sources in the environment. While there are operational and risk management considerations, the communal approach to servicing is seen as a more beneficial way to approach development in rural communities. The County of Frontenac recently completed a study on this servicing approach and will be pursuing a pilot program to test opportunities2. While considered more commonly at the subdivision scale, the pursuit of communal servicing in proximity to the Garrett Street site in Sharbot Lake could create opportunities to have a more compact built form for the seniors housing project and also allow for additional development density on the property. Sufficient testing to demonstrate feasibility and interest among area land owners would need to be confirmed in order for the communal option to be considered locally. Likewise the cost implications for the seniors project would also need to be considered in the financial analysis to determine suitability for the project. Where suitability, costs and timing can be aligned, a communal approach to servicing may be an option for the project. A third technical consideration for the project is potable water. An existing well is situated on‐site that served the former school building and it is assumed that this well would be utilized for the project. Technical testing for flow and potability would need to be undertaken to determine suitability and adequacy. Given the nature of current well water regulations, it is assumed that drilling a new second well specifically for the housing project would also be required to avoid excessive on‐going testing costs and in that regard, an allowance has been provided in the pro forma for this expense. The siting of the new well would need to have regard for the location of existing services on site, required separation distances and building layout. Consideration for a possible future expansion to the project would also need to be considered when siting the second well. Hydro servicing would also need to be confirmed as part of the pre‐acquisition checklist. Through the site visit process, a visual check indicated proximity to hydro service for the preferred site. However, capacity and access points for service would need to be confirmed once siting and building location are confirmed. A hydro connection fee has been assumed in the pro forma construction figures. Natural gas is not currently available in Sharbot Lake and as such, residential heating is commonly provided through electric, oil or propane sources. Renewable energy sources are also possible (e.g. solar, wind) but would have to be evaluated on a cost/benefit basis given the small scale of the project. 2
“County of Frontenac Communal Services Study”, WSP Consulting, June 2019
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4.4 Land use approvals Land use approvals can play a significant role in project development, depending on prevailing rules and regulations. A review of local land use documents confirmed that a number of land use approvals may be required to facilitate the proposed project at the preferred sites. These include: Official Plan Amendment (OPA) – The preferred site is largely designated “Residential District” under the Township’s proposed Official Plan (draft July 2018) with a veneer of “Commercial District” designated lands fronting onto Highway 38. There are a broad range of permissions under these designations. An OPA may be required for the subject depending on the OP policy in effect at time of development but these are not anticipated. If a site‐specific OPA is required, additional studies may need to be submitted in support of the OPA above and beyond the application and planning rationale. Zoning Bylaw Amendment (ZBA) – Under the current zoning bylaw, the preferred site is bisected by R1 (general residential) and C (general commercial) zones which does not allow for the proposed multi‐residential use. As such, a site‐specific ZBA would be required to re‐zone the lands to Multiple Residential (RM) to permit the development of a senior’s multi‐unit housing facility. Based on final building, well and septic system design, relief from other performance standards may be required and these could be handled as part of the same ZBA application. In order to expedite approvals and given the common issues involved, IF an OPA is required it would be prudent to make application for both the OPA and ZBA concurrently. Site Plan – As a multi‐residential development, a project of this nature would be subject to site plan approval. This approval would involve determination of siting, elevation, drainage and other site‐ based requirements for the project. Obligations with regards to access/egress, landscaping and other obligations would also be required and typically enshrined in a formal site plan agreement as part of the approvals process. Chronologically, application for site plan would be done in advance or concurrently with the application for building permit. Building Permit – As part of the construction process, a building permit would be required, ensuring that the project was designed in conformity with the Ontario Building Code. While this approval is typically straight forward, the confirmation of potable water and suitable septic system to serve the project would be required before a permit could be issued. As such, the approach to servicing would have to be confirmed prior to application for a building permit. As a proponent of the senior’s housing project and as the local approval authority, it is not anticipated that the Township would have issues in supporting the land use approvals for the proposed project. That said, there are mandatory public consultation requirements associated with some of these approval processes and rights of public appeal on municipal decisions. Appeals of decisions could result in delays and add costs to overall project development. Provided that care was taken in addressing the concerns of neighbours through the planning process, it should be possible to secure necessary approvals. Each of the approvals processes also involve the remittance of fees which would add development costs to the project. Given the small scale of the project and since the Township is a primary proponent of the project, it is assumed in pro forma modelling that application fees would be waived by the Township.
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4.5 Sustainability An important lens for project development is the County’s sustainability principles, as articulated in “Directions for our Future: County of Frontenac Guide to Sustainability”. A stated objective of this business plan is to ensure that the proposed project concept supports sustainability objectives. In comparing the proposed project concept with “Directions for our Future”, it’s clear that a number of objectives are being promoted across a range of sustainability areas. These include:
Land use planning/management – the efficient and orderly development of vacant lands in a compact footprint, allowing for future expandability as warranted
Energy – the inclusion of energy efficient building features and conservation measures that can be adapted over time (e.g. low voltage lighting, occupancy sensors in common areas, etc.)
Water – having safe, effective waste management systems (i.e. septic) that protect groundwater and features that promote conservation (e.g. low flow faucets, toilets)
Solid waste management – reduction in solid waste through the use of recycling and composting
Transportation – encouraging walkability and pedestrian access to settlement areas where possible
Housing – providing more diversity in housing choice, encouraging ‘aging in place’ for area residents and promoting quality, compact design
While pursuing sustainability practices is a prime consideration of the County, it is recognized that utilizing certain green and renewable energy technologies can be cost‐prohibitive for projects of a smaller scale. In these instances, the payback period can be unrealistic for the upfront investment required. For that reason, practical, modest cost features are encouraged to promote energy efficiency. These can include things like:
Solar orientation of the building
Added insulation in roof and walls
Efficient thermal windows and doors
High efficiency HVAC systems
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5.0 FINANCIAL FEASIBILITY A key part of determining a project’s viability involves assessing its financial feasibility. At the initial concept phase, this feasibility is based on preliminary assumptions, recognizing that a project’s composition can change as the concept is refined. Throughout a project’s development, this feasibility is tested repeatedly at key milestones as estimates, costs and assumptions are refined. This process enables continued viability checks leading up to the point of construction and allows for decision‐making at key milestones regarding whether to proceed. Through the concept development process, financial assessments were done to hone the preferred concept. Initially, a general pro forma analysis was done to examine a 10 unit single building project versus a 10 unit project developed in two 5 unit pods. The primary focus of this analysis was to test the impact of well water configuration under these two scenarios; one requiring sustained on‐going testing under a single building approach and the other having minimal testing requirements as it fell below the legislated threshold for on‐going testing. The analysis showed that the single building approach with on‐going testing was non‐viable. Subsequently, costing for the two 5 unit pod model was refined based on adjusted cost estimates. Investigations into municipal financing and contributions was also undertaken to determine if and where possible cost savings could be gleaned. Through these discussions, a refined financial approach was developed based on pro forma modelling. For the purposes of this business plan, financial feasibility has been based on this refined financial approach by using preliminary estimates and assumptions that reflect the current project concept. It is fully expected that as this concept is further refined, financial parameters would need to be reviewed and re‐tested to ensure continued viability. The development scenario created to test project viability includes 5 one bedroom units funded through a program similar to the Investment in Affordable Housing (IAH) capital funding program. In this scenario, rents for funded units are set at 80% of average market rent (AMR) and would receive $150,000 in capital funding per affordable unit. The remaining 5 one and two bedroom rents are set at the AMR and do not receive capital funding from this program. Under this scenario, the County commitment of $330,000 and a local contribution of $100,000 is required to make the project financially feasible. Details regarding testing and component revenues/expenses are outlined in the following section.
5.1
Project assumptions/parameters
As an integral part of the business plan, the project must demonstrate financial self‐sufficiency in order to attract financing commitments. Therefore, the pro forma must clearly show that the operation of the project will generate sufficient revenues to cover debt service (i.e. mortgage), operating costs and funding of a capital reserve, all while achieving a positive debt service ratio. In order to achieve operational viability, capital costs and associated borrowing requirements must be minimized where possible. Contributions to offset capital costs are also used to reduce debt service costs
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for the project (i.e. mortgage payments) and in that regard, a number of funding sources have been identified to meet these costs. General assumptions utilized in the financial analysis of the project are as follows: 10 units total situated in two 5‐pod buildings – 8 one bedroom units (600 s.f./unit) and 2 two bedroom (750 s.f./unit)
Total buildable area – 8,100 s.f. gross floor area (GFA), including modest amenity space
Building construction – single storey slab on grade, wood frame with standard sloped roof
Servicing – Private well and septic system
Procurement ‐ design/tender (stipulated price contract)
Financing – conventional mortgage via private lender with CMHC insurance
Contributions – fees waivers and land provided by Township + $100,000 capital contribution, County capital contribution of $330,000, IAH‐type funding for 5 units ($150,000 x 5 = $750,000)
Owner status – municipal corporation
Using these guiding assumptions, a refined financial plan for the proposed project has been established and tested for feasibility. The following sections identify the estimated capital and operating costs of the proposed project as well as the funding and capital equity requirements. In addition to the detailed assumptions that are discussed in the sections following, summary pro forma tables are also provided in Appendix A that help to clarify the basis for the estimates used.
5.2 Estimated capital budget Capital costs are those costs associated with establishing the project and include land, construction and related development costs. The table below is a general summary of the overall estimated capital costs for the proposed senior’s housing project. Estimated Capital Budget
Capital Costs Soft Costs Building Design/Consultant Costs Site Costs Legal and Organizational Costs Financing Costs Fees and Permits Contingency SOFT COSTS TOTAL
$287,540 $36,160 $40,115 $64,754 $37,380 $21,205 $487,154
Hard Costs Construction Costs Land Costs HARD COSTS TOTAL
$2,063,877 $250,000 $2,313,877
HST (include in above lines) TOTAL CAPITAL COSTS
$279,292 $2,801,031
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The total capital costs for the proposed project under this configuration are estimated to be $2,801,031. This total includes hard costs (land and construction) of $2,313,877 and soft costs of $487,154. It also includes an HST amount of $279,292. Details regarding component capital costs are identified below. Total capital costs would be offset by the financial resources and funding outlined in Section 5.4. Soft Costs Soft costs account for the many items/tasks necessary to design and bring the project to the point where construction can occur. Soft costs for the proposed project are assumed to include:
Building consultant costs – includes architect, development consultant and quantity surveyor costs as well as associated disbursements
Site‐related costs – includes site surveying, technical testing and a phase 1 environmental site assessment as well as septic system testing and testing/drilling of a new well (offsets for some of these costs are identified in Section 5.4)
Legals and organizational expenses – includes legal and organizational expenses as well as capital audit, appraisal and property taxes during construction
Financing costs – includes interest during construction as well as lender fees and mortgage insurance premiums (CMHC insured mortgage)
Fees and permits – these include development application fees and building permit fees (offsets for these costs are identified in Section 5.4)
Contingency ‐ a contingency of 5% has been included to account for unforeseen soft cost variances
Hard Costs Hard costs account for land, construction and associated costs for building and fitting up the project. For the proposed project, hard costs are assumed to include the following:
Construction costs – base costs are assumed at $200/s.f. (GFA) and reflect new construction
Demolition costs – excluded as the site is to be provided as ‘clean & vacant’ at point of transfer
Site servicing – includes costs for hydro connection fees
Appliances ‐ includes costs for in‐unit appliances (fridges/stoves) as well as washer/dryer facilities in the common area
Contingency – assumed at 10% of construction cost + site serving costs to account for unforeseen costs/charges
Land – assumed cost of $250,000 (owned land used as equity, improved due to demolition)
Harmonized Sales Tax – assumed as applicable for total capital costs
5.3 Estimated operating budget Once built, there are on‐going costs associated with operating and maintaining a project. The tables following provide a general summary of the overall estimated operating costs for the first year of operation for the proposed senior’s housing project.
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The total operating costs for the proposed project under this configuration are estimated to be $89,657. This includes maintenance and administration costs, as well as mortgage costs and capital reserve contributions. HST payable and associated rebates have also been factored into these costs. Net revenues are projected at $96,989 and include rents, laundry revenues and vacancy loss. As a result, a net annual surplus of $7,332 is projected which translates into a debt coverage ratio of 1.14, which demonstrates financial feasibility. Details regarding component costs and revenues are identified in the section that follows. Estimated Year One Operating Budget
Operating Budget Estimated Operating Revenue Rental Income from Tenants Laundry Revenue Vacancy Loss Total Operating Revenue Estimated Operating Expenses Maintenance – Wages, Materials and Services Heat & Water Electricity Property Management Fee Other Administrative Materials & Services Capital Replacement Reserves Contribution Insurance Property Taxes HST HST Rebate Mortgage Payments Total Operating Expenses Net Operating Income Debt Service Debt Coverage Ratio NET OPERATING PROFIT/LOSS
$97,308 $2,600 ‐$2,919 $96,989 $6,500 $0 $2,000 $10,733 $0 $3,996 $2,500 $12,000 $4,905 ‐$4,243 $51,266 $89,657 $58,597 $51,266 1.14 $7,332
Operating Revenue The operating revenue refers to the on‐going income for the project and would include such components as rental income, sundry income and funding contributions. The sources of revenue during the operational phase of this senior’s housing development are expected to include only rental income from tenants and laundry revenue. Operating revenues in the first year are assumed to include the following:
Rental income – rents are based on surveyed market rents for the Central Frontenac area and reflect defined levels of affordability (5 units at 80% of AMR, 5 units at AMR)
Laundry revenue ‐ laundry revenue generated from coin‐operated machines has been estimated at $2,600 annually
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Vacancy loss – throughout a typical year, vacancies can occur due to the timing of move‐ins and move‐outs. An allowance of 3% of revenue has been used to account for this loss.
While not defined in first year budget figures, it is anticipated that the annual increase in tenant income will be based on the average rate of change of the Ontario Rent Increase Guideline over the last five years. Operating Expenses Operating expenses include regular day‐to‐day costs for running the housing project, such as maintenance and services, utility costs, property taxes, landscaping, property management, insurance, administrative materials and services, HST and contributions to a long‐term capital replacement reserve fund. Estimates of operating expenses for the proposed project have been developed using data from projects of a similar nature. The total operating expenses for the proposed project are estimated for the first year to be $89,657 and are comprised of the following notable items:
Maintenance, administration, insurance and property management – Cost estimates are based on average per unit costs in actual projects and assume the use of contract or part time staff for necessary duties, given the small scale of the project.
Utilities – have been assumed for hydro in common areas only as it is expected that heat and hydro for individual units would be paid directly by tenants.
Capital Replacement reserves – in accordance with CMHC mortgage insurance requirements and prudent practice, an annual contribution to the project’s capital reserve fund is assumed in an amount equal to 4% of total operating revenue. This reserve would be used to fund future lifecycle capital repair costs as needs arise.
Property taxes – property taxes for all units have been assumed at the current multiple residential rate. However, it may be necessary to provide property taxes at a reduced rate. Under past programs, taxes for the funded units would need to be equivalent to the single residential rate to qualify for funding. This would require a formal tax reduction by the Township and County.
Harmonized Sales Tax – applicable HST has been assumed as well as an associated rebate. The rebate is equivalent to that permitted by municipal providers.
Mortgage payment – An annual mortgage payment of $51,266 has been assumed based on the projected lending amount ($1,101,564), a 35 year amortization period and a mortgage‐insured interest rate of 3.00%.
Preferred rates and amortization are assumed as the mortgage would be CMHC insured but held with a private lender.
While not expressed in the first year operating budget, expenses for maintenance, other administrative materials and services, insurance and property taxes are assumed to increase by 2% per year. This is based on the 5 year average rate of increase in the Consumer Price Index. Other expenses, such as hydro, are assumed to increase by 4.34% annually based on the five‐year average rate of increase in the Consumer Price Index for utilities.
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5.4 Funding/capital requirements As an affordable housing project, there typically are contributions, fee relief and/or funding that is required in order to ensure affordability and maintain financial viability. These contributions provide an important revenue bridge between the lending capacity of the project and total costs. The table below provides a general summary of the sources of funding that have been assumed for the proposed senior’s housing project. Anticipated Project Contributions
Contributions HST Rebate Fees and Charges Waived Capital Grant from the County IAH Funding Equity Contribution (land) Equity Contribution (other) TOTAL CONTRIBUTIONS
$241,588 $27,880 $330,000 $750,000 $250,000 100,000 $1,699,468
Many of these contributions involve waivers of municipal fees/charges while others involve eligible tax rebates or cash contributions. Details regarding contributions are identified below.
HST Rebate – The project has been assumed as sponsored by a municipal entity and as such, the project would be entitled to receive a 78% PST rebate and a 100% GST rebate, resulting in a total HST rebate of $241,588.
Wavier of Planning/Building Fees and Charges – As a County and Township‐supported project, it is assumed that municipal contributions in‐kind that enhance financial viability would be welcome. Accordingly, it has been assumed that municipal fees for required land use planning approvals, building permit fees and associated charges, estimated in the order of $27,880 would be waived for the project.
Capital Grant from the County – In accordance with the terms of reference for the business plan and based on funding allocated for seniors housing by the County, it has been assumed that the project would receive a capital grant of $330,000 from the County of Frontenac
Land Value – The Township owns the property for the project and as such, the value of the property would be deemed an equity contribution to the project at a value of $250,000. This value reflects a past appraisal as well as the improved value post of school demolition and site clean‐up.
Equity Contribution – Based on current estimates of total project costs, potential contributions and assumed debt service capacity, a total equity contribution of $100,000 is required to make the project financially viable ($20,000 of which is earmarked for site preparation costs). This equity could be secured in the form of an additional cash contribution, fund raising or some combination thereof.
5.5 Financial viability The financial plan outlined above presents capital and operating budgets that result in a feasible and self‐ sustaining project used current assumptions. Based on these estimates, total project costs would be in the
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order of $2.8M. Funding for development costs would be provided through conventional financing of approximately $1.1M, and a range of project contributions/rebates totaling $just under $1.7M. Operationally, the project is estimated to have an initial annual operating cost of $89,657 which would be offset by rents and revenues in the order of $96,989. This would result in a modest annual operating surplus of approximately $7,332. Calculations show that, based on this operating cost structure, the project would achieve a debt coverage ratio of 1.14, demonstrating that it is financially viable. That said, viability assumptions do rely on a number of contributions and fee relief to help defray project costs. These contributions would require the support of both the Township and the County in order to be realized. Going forward, it will be critical to re‐test assumptions as cost and revenue estimates are refined. This will help ensure that as the project concept evolves, options to maintain financial viability can be considered and applied as needed.
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6.0 GOVERNANCE An important consideration in moving forward with the proposed project is understanding how it will be sponsored and operated on an on‐going basis. This has implications not only for basic operations and sustainability but can have an impact the financial assumptions for the project. Following is a review of key governance issues.
6.1
Project ownership/oversight
The project sponsor – the owner – has a fundamental role in the development and long term success of the project. Typically for a project of this nature, an established non‐profit housing organization would be a prime sponsor. The experience they have in project operations and property management would be highly beneficial. The one local organization with experience in the ownership and management of affordable rental housing is Central Frontenac Housing Corporation (CFHC), which owns and operates a number of buildings in and around the Sharbot Lake area. Based on very preliminary discussions, the Corporation may have an interest in some form of involvement in the project. Their expertise and experience in property management of affordable housing make them well suited to be retained as the property managers for the project and this should be strongly considered. While the Township may be best suited to own the project, any form of involvement in the ownership of the building by the CFHC would need to be discussed with their Board and senior staff. A second alternate approach which could be considered would be the creation of a separate, legally distinct non‐profit housing corporation that has representation from both the Township and CFHC on its Board of Directors. This mix of representation on the Board of the corporation would facilitate arm’s length local oversight while at the same time compartmentalizing liability and risks associated with operations. The on‐ going involvement of the Township would further help to provide stability and continuity for the project. The stability of this alternate approach is seen as highly desirable in getting the project up and running where the Township does not want to take on full ownership responsibilities.
6.2 Planned approach to management As noted above, Central Frontenac Housing Corporation possesses the experience and expertise to undertake the property management and maintenance of a building of this nature. Given the modest size of the project, this involvement would be on a part‐time basis. They could be retained on this basis for an annual property management fee which would be negotiated with the Board of Directors.
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7.0 MOVING FORWARD 7.1
Summary of preferred concept
Based on demonstrated needs, community consultation and business case analysis, the concept for a small scale seniors housing project situated in Sharbot Lake has been developed. This concept has been tested and found to be viable, subject to the assumptions outlined in this report. Based on the proposed concept, the senior’s housing project would:
Be modest in scale – 10 self‐contained apartment units situated in two 5‐pod buildings (8 one bedroom, 2 two bedroom) plus amenity space for a total buildable area of 8,100 s.f. (GFA)
Include basic amenity space ‐ laundry facilities (1 pair) and a small indoor common area for gathering/socialization would be provided in each of the 5‐pod buildings
Accommodate seniors mobility needs – providing safe, indoor access to apartment units while incorporating visitability and accessibility throughout units and common spaces
Support basic affordability – all units would be rental and offered at or below average market rent levels. Rents for 5 of the one bedroom units could be set at 80% of average market rent if IAH‐type funding is obtained from the City of Kingston.
Be procured as new construction – this approach would enable a single storey slab‐on‐grade building, with a cost‐effective double‐loaded main corridor, wood frame structure and standard sloped roof
Incorporate practical sustainability features that promote energy efficiency
Be situated on land currently owned by the Township of Central Frontenac
Be procured through a formal design/tender process (stipulated price contract)
Be financed using a conventional mortgage that is CMHC‐insured in concert with an equity contribution of $330,000 from the County as well as a further equity contribution from the Township in the order of $100,000 to achieve viability
Be owned by the Township of Central Frontenac
Be managed by Central Frontenac Housing Corporation, should they be agreeable to take on that role.
As a result of the financial analysis, it has been determined that the project would be viable based on preliminary cost estimates, anticipated revenues and assumed contributions. While a series of land use approvals are required to permit the intended use, there do not appear to be any significant barriers to securing these approvals. Due diligence testing would be required prior to advancing development to ensure that no environmental concerns or project servicing impediments exist. Based on an initial scan of current conditions and background information, no impediments are anticipated. Viable project governance options exist, the most plausible of which would see ownership of the project by the Township and management of the project by CFHC, an experienced local housing provider.
re fact
Township of Central Frontenac Business Plan for Seniors Housing
consulting
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AGENDA ITEM #d)
7.2 Process/critical path While preliminary feasibility of the project concept has been demonstrated, there are a number of steps necessary to advance the project. Moving forward through these steps, there are a number of decision points where the plausibility of advancing would need to be reconfirmed as the project concept is refined. Initially, this would involve steps confirming the parameters for moving forward from the initial feasibility testing, including the following tasks:
Confirm decision to move forward – in addition to endorsing the business plan, this task would involve securing development consulting expertise to advance the project
Confirm decisions with regards governance/oversight – this would involve defining the Township role in the project going forward, as well as pursuing incorporation of the sponsor entity (if the alternate approach is preferred). Discussions would be required with the Board of Central Frontenac Housing Corporation about potential representation on the Board of Directors if this approach was pursued.
Confirmation that existing site services can be used for the project – this would involve cursory investigations to determine the technical capacity of existing on‐site well and septic systems to accommodate project needs. Based on this review, site servicing requirements would be confirmed prior to advancing further pre‐development work.
Enter into discussions with Central Frontenac Housing Corporation about property management – this would involve meeting with CFHC to determine their interest in assuming the role of property managers of the buildings.
Confirm initial funding commitments – to enable project planning, County and Township contributions would need to be confirmed. Access to financing would also need to be confirmed on a preliminary basis as well as the funding/resources necessary to undertake the next stage of pre‐development work. The City of Kingston would also need to be approached regarding the availability of IAH‐type funding.
With these activities completed, a decision regarding proceeding/not would be made in order to move forward to the pre‐development stage. Under this phase, the following activities would be required to advance development of the project to the point of construction commitment:
Assemble technical/design team – this would involve identifying or recruiting development team members, including a project architect and technical testing specialists
Formalize project design – preliminary design drawings would be developed for comment and subsequent refinement in accordance with the finalized project concept
Complete due diligence for land – in order to finalize site preparation, environmental and technical testing would need to be conducted to formally confirm that no development constraints existed
Confirm specific service requirements – having confirmed technical parameters and preliminary design, final servicing designs would be developed for well, septic systems and utilities into the site
Re‐confirm costs, funding and mortgage financing – in addition to updated pro forma figures, a conditional financing commitment would be secured to confirm financial parameters prior to tendering
re fact
Township of Central Frontenac Business Plan for Seniors Housing
consulting
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AGENDA ITEM #d)
With these activities completed, a decision regarding proceeding/not would be made in order to move forward to the construction stage. Under this phase, the following activities would be required:
Prepare contract documents for bidding – final design drawings and accompanying specifications would be developed for tendering purposes
Tendering for construction pricing – contract documents would be tendered for pricing to qualified bidders and results would be evaluated against budgeted construction costs.
Reconfirm financing and project commitment – final budget adjustments would be made based on tendered costs to secure final financing approvals, thereby enabling owner approval for project commitment to proceed with construction
Negotiate construction contract and commence construction – with approval in hand, a standard construction contract would be executed with the selected bidder
Construction monitoring – through the construction process, regular progress reviews would be undertaken to track progress against the building schedule as well as costs versus budget
Pre‐occupancy planning – during the construction phase, planning would be undertaken in order to prepare for tenant move‐in and project operations
Post‐occupancy wrap‐up – with the conclusion of construction and the subsequent certification for project occupancy, capital cost reconciliation, HST self‐assessment, warranty inspections, etc. would be completed in order to close out the capital development phase of the project
7.3 Key elements & critical success factors As noted, there are a number of tasks require to move the project forward through successive stages of development. Each stage is punctuated with a decision point on whether to proceed or not to the next stage. While this progressive process lays out a stepwise approach to move from initial viability through to construction, there are some fundamental success factors that are key ingredients for realizing the proposed project. Having these elements in place goes a long way to supporting project viability. Key elements required for a successful project include:
Allocating sufficient resources – having the funds/resources to undertake pre‐development work and advance through construction is essential to the success of the project
Having a clear governance/accountability framework – during development and after occupancy, having a clear and straight‐forward decision‐making structure for oversight
Acquiring strong technical expertise – through the development process, a range of technical issues must be addressed/overcome and having an experienced team is key to staying on track
Securing access to financing – securing financing is a critical component to meeting the financial obligations of development
re fact
Township of Central Frontenac Business Plan for Seniors Housing
consulting
Page of 485 Officer Request by the Towns… 2019-148 Office of the Chief347 Administrative
AGENDA ITEM #d)
APPENDIX A – PRO FORMA DETAILS Refined project pro forma
re fact
Township of Central Frontenac Business Plan for Seniors Housing
consulting
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AGENDA ITEM #d)
CONFIDENTIAL - for internal use only
Project Statistics
Pro Forma Version: CF seniors (5 pod x 2) - site 1 w/ prep by CF(rev2)
Sponsor Group: Project Address: Project Type:
CF seniors (municipal) 1083 Garrett St. (Sharbot Lake) Demo/new construction - mixed affordability Rental tenure. Minimal ancillary space
Site Area: Building footprint: Site Coverage:
Pro forma use: initial modelling (rev) Summary as at: 2019-09-30
128,938 s.f. 8,100 s.f. 6.3%
Units
Construction Period: 12 months (est.)
of Units Unit Size (SF)
Rental (assist) one bedroom one bedroom (mod.) two bedroom Rental (market) one bedroom two bedroom Total Units
3 2 0
600 600 0
3 2 10
600 750
Unit Size (m²) 0 0 0
Rent/charge per Rent as % of AMR month $ $ $
665 665
79.93% 79.93% #DIV/0!
$ $
832 1,144
100.00% 100.00%
$ $ $ $ $ $
832 832 832 1,144
Comments assumed at BMR assumed at BMR
assumed at AMR assumed at AMR
*AMR based on results of rental survey of private units in CF + 4%
Revenue Annual Rent/charge Revenue Rental revenue (BMR) $ 39,900 Rental revenue (market) $ 57,408 Total occupancy revenue $ 97,308
GFA allocation
(SF)
(m²)
Total GFA of Dwelling Units Residential circ. space Other res. amenity space Non-residential space Commercial rental space Total Building Area
6,300 800 1,000 0 0 8,100
0 0 0
Parking Surface parking spaces Sheltered parking spaces U/G parking spaces Total spaces
AMR*
Res.
% of Total Comments Space 77.78% units only 9.88% incl. halls, stairs, vestibule, etc. 12.35% common room/amenity (incl. laundry) 0.00% offices/admin space 0.00% 100.00%
0 0
Non Res.
% of total If @ AMR 41.0% $ 49,920 57,408 59.0% $ 100.0% $ 107,328
Total
12
0
12
0
12 confirm per ZBL 0 0 12
PRO FORMA SUMMARY - Key indicators Capital Expenses Land $ 250,000 8.9% Soft costs $ 487,154 17.4% Hard costs (const.) $ 2,063,877 73.7% Total $ 2,801,031 100.0% Capital Contribution - other (county) Revenues equity $ 1,699,468 60.7% financing $ 1,101,563 39.3% Total $ 2,801,031 100.0%
cap. percent
Operating - year 1 Revenues Generated $ Supplemented $ Total $
99,908 99,908
100.0% 0.0% 100.0%
Operations $ Mortgage $ Total $
38,391 51,266 89,657
42.8% 57.2% 100.0%
Net surplus $
7,332
8.2%
NOI $
58,597
Expenses
DCR
1.14
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Comments
AGENDA ITEM #d)
CONFIDENTIAL - for internal use only
SOFT COSTS
CF seniors (5 pod x 2) - site 1 w/ prep by CF(rev2)
Building 1 Architect, Engineer, Landscape 2 Cost Consultant (Quantity Surveyor) 3 Development Consultant 4 Planning Consultant 5 Other 6 Other - septic system testing 7 Other 8 HST 9 Building Sub-total
Res. $127,960 $25,000 $99,000 $0 $0 $2,500 $0 $33,080 $287,540
Non-Res.
Site 10 Building and/or Property Appraisal 11 Topographic Survey 12 Boundary Survey(s) 13 Geotechnical Assessment 14 Environmental Site Assessment 15 Stormwater Management Study 16 Noise study 17 Traffic study 18 Other - well drilling/testing 19 Other 20 HST 21 Site Sub-total
Res. $5,000 $2,500 $2,500 $5,000 $5,000 $0
Non-Res.
Legal and Organizational 22 Legal Fees - land/development 23 Legal Fees - contracts/agreement 24 Organizational Expenses 25 Marketing/Rent-up 26 Board/Org. Insurance 27 Capital Cost Audit 28 Other - FMV appraisal for HST 29 Other 30 Other 31 HST 32 Legal and Organization Sub-total
Res.
Financing Costs 33 Interest on Bridge Funding (pre-cons.) 34 Interest During Construction 35 Lender’s Application Fee 36 Lender’s Legal Fees 37 Lender’s Mortgage Advance Fee 38 CMHC Mortgage Ins. Application Fee 39 CMHC Mortgage Ins. Premiums 40 Other - Title insurance for land sale 41 Other 42 Capital Contribution - other 43 Financing Costs Sub-total
Res.
Fees and Permits 44 Official Plan amendment fees 45 Zoning By-law amendment fees 46 Minor varinace/severance fees 47 Site Plan Approval Fees 48 Development Charges - Regional 49 Development Charges - Local 50 Development Charges - School Levy 51 Development Charges - Other 52 Impost Charges (water/sewer) 53 Water meter charges 54 Parkland Dedication Fees 55 Cash-in-lieu of Parking 56 Demolition Permit fees 57 Building Permit Fees 58 Occupancy Permit Fees 59 Property Taxes During Construction 60 Other - allowance for ancillary fees 61 Other 62 Other 63 HST 64 Fees and Permits Sub-total
Res.
Soft Costs Summary 65 Soft Costs before HST (Sub-total) 66 HST on Soft Costs (Sub-total) 67 Soft Costs incl. HST 68 Soft Cost Contingency 69 Soft Costs Total
Res. $424,095 $41,855 $465,949 $21,205 $487,154
$0 $0
Total Comments $127,960 est. allowance, incl disbursements $25,000 assumed as required $99,000 est. allowance, incl disbursements $0 incl. in dev cons. allowance $0 $2,500 testing of existing system $0 $33,080 $287,540
$0 $0
Total Comments $5,000 site prep assumed by CF $2,500 site prep assumed by CF $2,500 site prep assumed by CF $5,000 site prep assumed by CF $5,000 site prep assumed by CF $0 assumed n/a $0 assumed n/a $0 assumed n/a $12,000 $0 $4,160 $36,160
$12,000 $4,160 $36,160 Non-Res.
Total
$0 $15,000 $5,000 $1,000 $2,500 $6,000 $6,000
$4,615 $40,115
$0 $0 Non-Res.
Total
$16,969 $7,500 $10,000 $3,500 $2,000 $24,785 $0
$64,754
$0 Non-Res.
Comments $0 $16,969 estimated $7,500 est. only $10,000 est. only $3,500 est. at $350/draw for 10 draws $2,000 $200 per unit $24,785 4.5% of loan value for non-funded units $0 n/a - already owned $0 $0 $64,754
Total
$2,000 $3,200 $0
$0 $0 $22,680 $4,500 $5,000
$37,380
Comments $0 $15,000 $5,000 allowance $1,000 based on $100/unit $2,500 $250 per unit $6,000 assumed rqd.for funder/lender $6,000 to support HST self-assesment value $0 $0 $4,615 $40,115
$0 Non-Res. $0 $0 $0 $0 $0
Comments $0 $2,000 fees per bylaw 2008-255 $0 $3,200 fees per bylaw 2008-255 $0 $0 n/a $0 $0 $0 $0 $0 n/a $0 $0 $22,680 fee based on bylaw 2014-27 $0 $4,500 est. $5,000 allowance only $0 $0 $0 $37,380
Total $424,095 $41,855 $465,949 $21,205 assumed at 5% $487,154
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Comments
AGENDA ITEM #d)
CONFIDENTIAL - for internal use only
HARD COSTS Construction Costs 70 Base Construction Cost 71 Demolition Costs 72 Remediation Costs 73 Site Servicing 74 Hydro Connection Fee 75 Sprinklers 76 Appliances (Fridges & Stoves) 77 Appliances (Modified Units) 78 Appliances (Washers/Dryers) 79 Furniture & Equipment 80 Other 81 Other 82 Contingency 83 Escalation 84 HST 85 Construction Costs Sub-total Land/Property Acquisition Costs 86 Purchase Price/Land Value 87 Land transfer tax 88 HST (as applicable) 89 Land Cost Sub-total TOTAL CAPITAL COSTS 90 Hard Cost Total (L.85+L.89) 91 Soft Cost Total (L.46) 92 Total Project Cost 93 HST Included in Project Cost
CF seniors (5 pod x 2) - site 1 w/ prep by CF(rev2) Total Comments $1,620,000 new construction @ $200/s.f. $0 site prep assumed by CF $0 $0 $20,000 est. based on similar project $0 $9,600 assumed at $1,200/unit for 8 units $2,800 assumed at $1,400/unit for 2 units $3,000 assumed at $1,500/pair for 2 pairs $5,000 est. for basic common area furnishing $0 $0 $166,040 assumed at 10% $0 $237,437 $2,063,877
Res. $1,620,000 $0 $0 $0 $20,000 $0 $9,600 $2,800 $3,000 $5,000 $0 $0 $166,040 $0 $237,437 $2,063,877
Non-Res.
Res. $250,000 $0 $0 $250,000
Non-Res.
Res. $2,313,877 $487,154 $2,801,031 $279,292
Non-Res. $0 $0 $0 $0
Total $2,313,877 $487,154 $2,801,031 $279,292
Res. $250,000
Non-Res.
$0 $0 $0 $0
$0 $0
Total Comments $250,000 est.value (2015 appraisal + improved) $0 n/a $0 n/a (already owned) $250,000 Comments
EQUITY Contributions 94 Land Value Donated 95 Official Plan Amendment Fees - waived 96 Zoning By-law Amendment Fees - waived 97 Minor Variance/Severance Fees - waived 98 Site Plan Approval Fees - waived 99 Development Charges - Regional - waived 100 Development Charges - Local - waived 101 Development Charges - School Levy - waived 102 Development Charges - Other - waived 103 Impost Charges (water/sewer) - waived 104 Parkland Dedication Fees - waived 105 Cash-in-lieu of Parking - waived 106 Demolition Permit Fees - waived 107 Building Permit Fees - waived 108 Occupancy Permit Fees - waived 109 IAH Funding (via SM) 110 Service Manager Grant 111 Capital Contribution - other (county) 112 Capital Contribution - other (local) 113 Fund raising 114 PST Rebate 115 HST Rebate 116 Total Contributions
$0 $241,588 $1,699,468
$0
Total Comments $250,000 owned property contributed as equity $0 $2,000 assumed as waived $0 $3,200 assumed as waived $0 $0 $0 $0 $0 $0 $0 $0 $22,680 assumed as waived $0 $750,000 5 units funded $0 $330,000 grant/contribution from County $100,000 site prep + local contribution $0 $0 $241,588 assumed at munc. rate (86.5%) $1,699,468
117 Total Project Cost Less Contributions
$1,101,564
$0
$1,101,564
FINANCING Mortgage 118 1st Mortgage 119 1st Mortgage Interest Rate 120 1st Mortgage Amortization (years) 121 Annual Mortgage Payments for 1st Mortgage 122 2nd Mortgage 123 2nd Mortgage Interest Rate 124 2nd Mortgage Amortization 125 Annual Mortgage Payments for 2nd Mortgage 126 Total Mortgage Amounts 127 Total Annual Mortgage Payments
$2,000 $3,200
$0 $0 $22,680 $750,000 $330,000 $100,000
Res. $1,101,564 3.00% 35 $51,266
$1,101,564 $51,266
Non-Res.
$0 $0
Total Comments $1,101,564 3.00% assumed CMHC insured 35 $51,266 $0
$0 $1,101,564 $51,266
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AGENDA ITEM #d)
CONFIDENTIAL - for internal use only
Operating Budget First Full Year Estimated Operating Revenue 128 Rental Income from Tenants 129 Other Revenue 130 Laundry Revenue 131 Parking Revenue 132 Locker Rental Revenue 133 Commercial Rental Revenue 134 Other Revenue 135 Other Revenue 136 Other Revenue 137 Vacancy Loss 138 Total Operating Revenue Estimated Operating Expenses 139 Admin. Salaries/Management Fees 140 Other Admin. Expenses & Fees 141 Maintenance - Salaries, Materials & Services 142 Heat (Gas, Oil, etc.) 143 Electricity 145 Water/Sewer - water testing 146 Insurance 147 Property Taxes 148 Bad Debts 149 Capital Replacement Reserve Contribution 150 Other Operating Costs 151 Other Operating Costs 152 HST 153 HST rebate 154 Sub-Total 155 Mortgage payments 156 Total Operating Expenses
CF seniors (5 pod x 2) - site 1 w/ prep by CF(rev2) Res. $97,308 $0 $2,600 $0
Non-Res.
$0
-$2,919 $96,989 Res. $10,733 $0 $6,500 $0 $2,000 $0 $2,500 $12,000
$0 Non-Res.
Total Comments $97,308 mix of 50% BMR and 50% AMR $0 $2,600 $5/unit/week $0 n/a $0 $0 $0 $0 $0 -$2,919 assumed at 3% of rental revenues $96,989 Total Comments $10,733 7.5% of rental revenue as at AMR $0 $6,500 est. at $650/unit $0 unit heating by hydro, tenants pay $2,000 est. at $200/unit common area only $0 $2,500 est. at $250/unit $12,000 est. at $1,200/unit $0 $3,996 assumed at 4% of effective gross income $0 $0 $4,905 -$4,243 assumed at munc. rate (86.5%) $38,391 $51,266 $89,657
$3,996
$0
$4,905 -$4,243 $38,391 $51,266 $89,657
$0 $0 $0 $0 $0
157 Net Operating Profit/Loss
$7,332
$0
$7,332
158 Net Operating Income 159 Debt Service Costs 160 Debt Coverage Ratio
$58,597 $51,266 1.14
$0 $0 #DIV/0!
$58,597 $51,266 1.14
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AGENDA ITEM #d)
APPENDIX B – SURVEY SUMMARY Summary results of community survey Frequency tables showing results by survey question
re fact
Township of Central Frontenac Business Plan for Seniors Housing
consulting
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AGENDA ITEM #d)
Central Frontenac Seniors Housing Questionnaire Summary of Survey Responses Seniors in Central Frontenac were invited to complete a seniors’ housing questionnaire to help understand the housing and related needs for a seniors’ residence in the area. Surveys were accepted on‐line via Survey Monkey and in hardcopy (but subsequently entered in Survey Monkey). All responses were then tabulated using Survey Monkey. A total a 118 completed surveys were received and while most respondents answered all questions, some did not reply to certain questions. Multiple responses were encouraged for certain questions and in these instances, response frequencies have been identified. Throughout the survey, respondents were also able to provide “Other” comments for certain questions. Based on the narrative responses that respondents provide, results have been grouped by general themes and reported accordingly. A brief summary of the survey results are provided below and are accompanied by a series of frequency tables for each question showing tabulated results.
The vast majority of the respondents indicated there is a need for seniors‐oriented housing in Central Frontenac (95%) A number of respondents (66%) also believe there is a need for other forms of housing in the Township. For these respondents, there were some emerging themes among the ‘other’ housing they felt was needed: o Geared to lower income/affordable (n=24) o Be apartment in form (n=7) o Geared to families (n=6) or seniors n=6) o Provide assisted living services (n=6) Among respondents, 69% indicated that Sharbot Lake is in the greatest need of seniors‐oriented and other forms of housing. For those providing ‘other’ responses (23%), there were some common themes: o Sharbot Lake (n=6) o Don’t know (n=5) o Close to services (n=4) Apartments (66%) and row houses (44%) were the top picks for the types of dwellings that should comprise a senior’s housing facility. For those providing ‘other’ responses (24%), there were some common themes: o Some form of care should be provided (n=6) o Detached forms were desired, either larger (n=3) or smaller (n=2) in size o Support was also expressed for mixed forms (n=3), condo (n=3) and townhomes (n=3) The ideal size for a seniors housing facility was deemed to be 11 to 20 units (42%) or 6 to 10 units (37%). For those indicating more than 20 units (10%), there were some common themes: o Between 20 and 30 units (n=5) o 50 or more units (n=2) Respondents indicated a preference to gear eligibility in a locally‐sponsored facility towards local residents of Central Frontenac (48%) and Frontenac County (38%). However, a large proportion also felt that any senior should be eligible (42%).
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AGENDA ITEM #d)
The form of housing tenure that is most preferred for seniors among respondents was rental (90%) as compared with ownership (14%). For those providing ‘other’ responses (10%), there were some common themes: o Housing should be subsidized/assisted (n=6) o A mix of tenures would be preferred (n=2) Respondents indicated a preference for one‐bedroom (67%) and two‐bedroom units (28%) in a senior’s housing facility. For those providing ‘other’ responses (12%), there were some common themes: o Allow for multiple unit sizes (n=4) o Have 1+bedrooms (den/spare room) (n=2) o Provide a guest room or suite for visitors (n=2) Among respondents, 44% would be willing to pay between $500 and $750 per month or $751 to $1,000 per month (29%) for senior’s housing. For those providing ‘other’ responses (17%), there were some common themes: o Rents would need to be reflective of ore geared to income (n=5) o Respondents could afford $2,000 or more per month (n=4) In terms of preferred amenities provided within a senior’s housing facility, the top choices among respondents were parking (96%), laundry room (94%), common/social room (82%), support services (70%) and community garden (60%). For those providing ‘other’ responses (22%), there were some common themes: o Exercise/fitness space (n=7) o Supports/care/medical assistance (n=6) o Activity space/room (n=5) The top services/amenities that should be available nearby for respondents were shopping, pharmacy/health supplies and medical/dental (each with 88%) as well as service groups/social clubs (69%) and parks/walking trails (63%). For those providing ‘other’ responses (14%), there were some common themes: o Transportation (n=6) o Banking/financial services (n=3) The majority of respondents indicated that the public sector (i.e. Township, County, etc.) should own/operate a seniors housing facility (60%) but a large proportion also supported having others such as non‐profit organizations or coops as owners/operators (49%). When questioned on the government support that should be provided to enable development of such a seniors housing facility, 69% of respondents indicated that development fees should be waived, 62% indicated capital grants should be provided and 59% indicated no cost land should be provided. For those providing ‘other’ responses (19%), there were some common themes: o Any/all forms of support that government will provide (n=4) o Other grants/funding (n=2) o On‐going assistance/subsidy (n=2) 76% of respondents indicated that they or a family member of theirs would be interested in living in a senior’s housing facility. Most respondents (67%) indicated that they would be interested in a senior’s housing facility in 5 or more years, or in 3 to 5 years (20%). Only 17% of respondents indicated they were interested in a senior’s housing facility now or in 1 to 2 years. Page 2 of 3
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AGENDA ITEM #d)
The majority of respondents currently reside in Central Frontenac (73%) or reside elsewhere in Frontenac County (12%). In terms of accommodation, the vast majority of respondents currently own their home (89%), while only 9% rent. Most respondents were seniors, indicating they were 66 to 75 years old (41%) or 75+ years old (31%). The balance or respondents were older adults between 51 and 65 years old (24%) or under 50 years of age (4%). Respondents were given the opportunity to provide any additional comments and 43 took the opportunity to share their views. From among these comments, a number of common themes emerged: o There is support and need for seniors housing (n=11) o LTC/nursing/retirements care beds will inevitably be required (n=6) o Affordability is key (n=5) o Get this housing going/move it forward (n=5) o A community atmosphere/village location is important (n=4) o Market housing opportunities are important, not just assisted (n=3) o Support people in their homes as long as possible (n=3) o Don’t rely in just the public sector, get the private sector involved (n=3)
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q1 In your opinion, is there a need for seniors-oriented housing in Central Frontenac? Answered: 119
Skipped: -1
Yes
No
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Yes
95.80%
114
No
4.20%
5
Total Respondents: 119
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q2 Is there a need for other forms of housing in the Township? Answered: 106
Skipped: 12
Yes
No
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Yes
66.98%
71
No
33.02%
35
Total Respondents: 106
Suggestions for those answering yes are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q3 Where in the Township is this need greatest? (please indicate all that apply) Answered: 110
Skipped: 8
Arden
Parham
Sharbot Lake
Other (please specify)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Arden
20.00%
22
Parham
27.27%
30
Sharbot Lake
69.09%
76
Other (please specify)
22.73%
25
Total Respondents: 110
Responses for those answering ‘other’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q4 What form of building should a senior’s housing facility be? (please indicate all that apply) Answered: 113
Skipped: 5
Apartment
Row House
Shared Living
Other (please specify)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Apartment
66.37%
75
Row House
44.25%
50
Shared Living
23.89%
27
Other (please specify)
23.89%
27
Total Respondents: 113
Responses for those answering ‘other’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q5 What would be the ideal size for a seniors housing facility? Answered: 111
Skipped: 7
Up to 5 Units
6 to 10 Units
11 to 20 Units
More than 20 units (pleas…
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Up to 5 Units
13.51%
15
6 to 10 Units
37.84%
42
11 to 20 Units
42.34%
47
More than 20 units (please specify):
9.91%
11
Total Respondents: 111
Responses for those answering ‘more than 20’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q6 Who should be eligible to live in a locally-sponsored senior’s housing facility in Central Frontenac? (please indicate all that apply) Answered: 112
Skipped: 6
Local residents (i…
Residents of Frontenac…
Residents from those areas…
Any seniors should be…
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Local residents (i.e. those from Central Frontenac)
48.21%
54
Residents of Frontenac County
38.39%
43
Residents from those areas immediately adjacent to Frontenac County
16.96%
19
Any seniors should be eligible
41.96%
47
Total Respondents: 112
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Page of 485 Officer Request by the Towns… 2019-148 Office of the Chief362 Administrative
AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q7 What form of housing tenure is most preferred for seniors? Answered: 110
Skipped: 8
Rental
Ownership
Other (please specify)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Rental
90.00%
99
Ownership
13.64%
15
Other (please specify)
10.00%
11
Total Respondents: 110
Responses for those answering ‘other’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q8 What unit size is best suited for a senior’s housing facility? Answered: 111
Skipped: 7
Bachelor size
One bedroom
Two bedroom
Other (please specify)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Bachelor size
6.31%
7
One bedroom
66.67%
74
Two bedroom
27.93%
31
Other (please specify)
11.71%
13
Total Respondents: 111
Responses for those answering ‘other’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q9 How much would you be willing to pay monthly for senior’s housing? Answered: 108
Skipped: 10
$500 to $750 per month…
$751 to $1,000 per month…
$1,000 to $1,250 per…
Other (please specify)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
$500 to $750 per month (household income of $20,000 to $30,000 per year)
44.44%
48
$751 to $1,000 per month (household income of $30,001 to $40,000 per year)
28.70%
31
$1,000 to $1,250 per month (household income of $40,001 to $50,000 per year)
17.59%
19
Other (please specify)
16.67%
18
Total Respondents: 108
Responses for those answering ‘other’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q10 What amenities should be provided within a senior’s housing facility? (please select all that apply) Answered: 111
Skipped: 7
Parking
Community garden
Common/social room
Laundry room
Support services
Other (please specify) 0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Parking
96.40%
107
Community garden
60.36%
67
Common/social room
81.98%
91
Laundry room
93.69%
104
Support services
70.27%
78
Other (please specify)
21.62%
24
Total Respondents: 111
Responses for those answering ‘other’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q11 What services/amenities should be available nearby? (please select all that apply) Answered: 109
Skipped: 9
Shopping (e.g. groceries,…
Medical/dental Pharmacy/health supplies Service groups/socia… Parks/walking trails Recreation facilities… Other (please specify) 0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Shopping (e.g. groceries, basic needs)
88.99%
97
Medical/dental
88.07%
96
Pharmacy/health supplies
88.99%
97
Service groups/social clubs
69.72%
76
Parks/walking trails
63.30%
69
Recreation facilities (e.g. fitness, gym, arena, swimming)
56.88%
62
Other (please specify)
13.76%
15
Total Respondents: 109
Responses for those answering ‘other’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q12 Who should own/operate a seniors housing facility like this? Answered: 106
Skipped: 12
Public sector (i.e. Townsh…
Private sector (i.e. privat…
Other (i.e. non-profit…
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Public sector (i.e. Township, County, etc.)
60.38%
64
Private sector (i.e. private landlord/developer)
16.98%
18
Other (i.e. non-profit organizations, coop, etc.)
49.06%
52
Total Respondents: 106
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q13 What government support should be provided to enable development of such a seniors housing facility (Township, County, etc.)? Please select all that apply. Answered: 104
Skipped: 14
No cost land
Waiving of development…
Capital grants
Other (please specify)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
No cost land
59.62%
62
Waiving of development fees
69.23%
72
Capital grants
62.50%
65
Other (please specify)
19.23%
20
Total Respondents: 104
Responses for those answering ‘other’ are captured in the covering summary
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q14 Are you or a family member interested in living in a senior’s housing facility like this? Answered: 104
Skipped: 14
Yes
No
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Yes
76.92%
80
No
23.08%
24
Total Respondents: 104
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q15 If so, when would that be? Answered: 88
Skipped: 30
Now
In 1 or 2 years
In 3 to 5 years
In 5+ years
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Now
9.09%
8
In 1 or 2 years
7.95%
7
In 3 to 5 years
20.45%
18
In 5+ years
67.05%
59
Total Respondents: 88
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q16 Please tell us a little about yourself: I currently reside: Answered: 107
Skipped: 11
In Central Frontenac…
Elsewhere in Frontenac…
Outside of Frontenac…
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
In Central Frontenac Township
72.90%
78
Elsewhere in Frontenac County
12.15%
13
Outside of Frontenac County
15.89%
17
Total Respondents: 107
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q17 In terms of accommodation, I currently: Answered: 104
Skipped: 14
Rent
Own
Other (please specify)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Rent
8.65%
9
Own
89.42%
93
Other (please specify)
1.92%
2
Total Respondents: 104
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q18 I am in the following age group: Answered: 107
Skipped: 11
Under 50 years of age
51 to 65 years old
66 to 75 years old
75+ years old
0%
10%
20%
30%
40%
50%
60%
70%
80%
90% 100%
ANSWER CHOICES
RESPONSES
Under 50 years of age
3.74%
4
51 to 65 years old
24.30%
26
66 to 75 years old
41.12%
44
75+ years old
30.84%
33
Total Respondents: 107
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AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
Q19 My postal code is Answered: 104
Skipped: 14
Responses were gathered from 104 respondents regarding their postal code
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SurveyMonkey
AGENDA ITEM #d) Township of Central Frontenac - Seniors Housing Questionnaire
SurveyMonkey
Q20 Do you have additional comments or thoughts you want to share? Answered: 43
Skipped: 75
Responses for those who provided answers are captured in the covering summary
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AGENDA ITEM #e)
Report 2019-149 Recommend Report to Council To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Susan Brant, Director of Corporate Services/ Treasurer
Date of meeting:
December 18, 2019
Re:
Corporate Services – 2019 Fairmount Home Accounts Receivables WriteOffs
Recommendation Resolved That the Council of the County of Frontenac receive this Corporate Services – 2019 Fairmount Home Accounts Receivable Write-Offs report; And Further That Council authorize the Treasurer to write off accounts totalling $3,277.74. Background The Ministry of Health and Long Term Care provides funding to Long Term Care Homes and sets standard rates for resident payments. Residents are billed monthly for their share of the accommodation and any other miscellaneous expenditures that have occurred in that month. Overdue accounts are assessed regularly and payment notices forwarded to residents and responsible family members. When the overdue amount exceeds $5,000, legal action is taken to recoup funds.
377 of 485 2019-149 Corporate Page Services 2019 Fairmount Home Accounts Receivables Wri…
AGENDA ITEM #e)
Comment One overdue account represents the unpaid Basic rent for September 2019 in which collection efforts are ongoing. Another overdue account relates to a deceased resident in which collection is very unlikely. Financial Implications At this time, the Treasurer is requesting Council approval to write off those revenues deemed to be uncollectible in the total amount of $3,277.74. Organizations, Departments and Individuals Consulted and/or Affected Lisa Hirvi, Administrator, Fairmount Home
Recommend Report to Council Corporate Services – 2019 Fairmount Home Accounts Receivable Write-Offs December 18, 2019
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Page 2 of 2
AGENDA ITEM #f)
Report 2019-150 Council Recommend Report To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Susan Brant, Director of Corporate Services/Treasurer
Date of meeting:
December 18, 2019
Re:
Corporate Services – 2019 Federal Gas Tax Allocation
Recommendation Resolved That the Council of the County of Frontenac accept the Corporate Services – 2019 Federal Gas Tax Distribution By-law report; And Further That the Clerk be directed to bring forward a by-law to authorize the distribution of Federal Gas Tax to the Townships for 2019. Background The County is bound by the terms and conditions of the Federal Gas Tax Agreement with the Association of Municipalities of Ontario (AMO). Comment Through the 2019 budget process, the Federal Gas Tax received in 2019, $809,279.71 was to be distributed to the Townships by weighted assessment as follows: Township
Weighted Assessment
Allocation
North Frontenac
15.94% $ 129,031.40
Central Frontenac
16.36% $ 132,398.25
South Frontenac
58.35% $ 472,211.88
Frontenac Islands
9.35% $ $78,759.95
Total
379 of 485 2019-150 Corporate Page Services 2019 Federal Gas Tax Allocation
100.00% $ 809,279.71
AGENDA ITEM #f)
In addition, other Federal Gas Tax funds are forwarded to the Townships for Community Improvement Plans, Eco-tourism projects and Smaller Scale sustainability projects. As the total amounts of those distributions are not known until later in the year the by-law must include those additional transfers. The by-law includes the following additional transfers; South Frontenac:
$11,852.69 – Community Improvement Plan
Strategic Priorities Implications Good governance and legislative compliance falls under Other Important and Continuing County Priorities, specifically: 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 A transfer from the Federal Gas Tax Reserve to the Townships as identified in the bylaw is required. Organizations, Departments and Individuals Consulted and/or Affected Township Treasurers
Recommend Report to Council Corporate Services- 2019 Federal Gas Tax Allocation December 18, 2019
380 of 485 2019-150 Corporate Page Services 2019 Federal Gas Tax Allocation
Page 2 of 2
AGENDA ITEM #g)
Report 2019-151 Recommend Report to Council To:
Warden and Members of County Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
December 18, 2019
Re:
Corporate Services – Adoption of an Indemnification By-law for Members of Council and employees of the County of Frontenac
Recommendation Resolved That the Council of the County of Frontenac receive the Corporate Services – Adoption of an Indemnification By-law for Members of Council and employees of the County of Frontenac report; And Further That the Clerk be authorized to bring forward a by-law later in the meeting respecting the protection of members of the Council of the Corporation of the County of Frontenac and its employees against liability incurred while acting on behalf of the County. Background Section 279 of the Municipal Act, 2001 provides municipalities with the authority to pass by-laws to pay for damages or costs awarded against members of council or officers or employees of the municipality, for expenses incurred for the defense costs as a result of any action or other proceeding arising out of acts or omissions done or made by them within the capacity of their role with the municipality. Section 14 of the Municipal Conflict of Interest Act provides that a municipality may indemnify members of a municipal council for costs or expenses incurred to defend a proceeding brought under that Act, provided that the member of council is not found guilty of the allegation brought under Section 5. Comment The purpose of an indemnification by-law is to protect individuals who work for the municipal corporation to protect against financial loss or damage if they are sued in connection with their work on behalf of the municipality. The intent is not to pay legal expenses of individuals who are acting outside of their authority.
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AGENDA ITEM #g)
Indemnification can play a key role in attracting qualified individuals to serve as officers and members of council, as it provides a level of assurance that they will not be personally liable for costs incurred in carrying out their duties. The by-law would only apply to actions done in ‘good faith’, and that the individual would have reason to believe their action and conduct was lawful. The by-law would not apply to an action or proceeding where the legal proceeding relates to a grievance under a collective agreement or to disciplinary action taken by the municipality as an employer. Nor would the by-law apply to an action or proceeding under the Highway Traffic Act or the Criminal Code unless such proceedings arose as a result of the individual’s good faith pursuit or performance of their assigned duties. The by-law, as drafted, would not apply to any expenses incurred by members of council or local boards in obtaining legal advice regarding pecuniary interests. All members of council, local boards, and staff, have a responsibility to ensure that their actions are performed in good faith and in keeping with the law. In addition, staff, council members and volunteers, are responsible for understanding their duties and the various laws under which they operate. Risk for exposure can be mitigated against by being aware of the rules under which the municipality operates to ensure compliance and lessen the likelihood of a legal challenge. Staff sent a copy of the by-law to Frank Cowan Company, the County’s insurance provider, for comment, which are noted as follows: If the County chooses to provide broad indemnification it would be agreeing to go beyond what might be recouped from insurance proceeds and could leave the County open to potential costs they may not have considered. Without parameters to their indemnification promise they could find themselves providing indemnity for criminal charges. We believe there should be a policy/ procedure/ guideline to determine: “…they had reasonable grounds for believing that his or her conduct was lawful…”. Should there be a legal action brought against a member of Council or employee, the CAO and Director of Corporate Services/Treasurer would seek solicitor advice at that time. Strategic Priorities Implications Good governance and legislative compliance falls under Other Important and Continuing County Priorities, specifically: 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.
Recommend Report to Council Corporate Services – Adoption of an Indemnification By-law for Members of Council and employees of the County of Frontenac December 18, 2019 Page 2 of 3
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AGENDA ITEM #g)
Financial Implications There are no direct financial implications associated with this report. In the event that the by-law is approved by council and there is legal action brought against individual members of council or staff as a result of them fulfilling their duties, an outline of the financial implications would be brought forth to Council at that time. Organizations, Departments and Individuals Consulted and/or Affected Susan Brant, Director of Corporate Services/Treasurer Glenda Guindon, Frank Cowan Company
Recommend Report to Council Corporate Services – Adoption of an Indemnification By-law for Members of Council and employees of the County of Frontenac December 18, 2019 Page 3 of 3
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AGENDA ITEM #h)
Report 2019-152 Recommend Report to Council To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Susan Brant, Director of Corporate Services/Treasurer
Date of meeting:
December 18, 2019
Re:
Corporate Services – Amendments to the 2020 Howe Islander Ferry Fees and Fares By-law
Recommendation Resolved That Council of the County of Frontenac receive the Corporate Services – Amendments to the 2020 Howe Islander Ferry Fees and Fares By-law report; And Further That a by-law be introduced later in the meeting to adopt the amended 2020 Frontenac-Howe Islander Ferry Fees and Fares Schedule; And Further That By-law 2019-0035 by hereby rescinded. Background The County of Frontenac establishes its fees and fares schedule for the FrontenacHowe Islander Ferry operation annually. The ferry links the west end of Howe Island with the mainland at Kingston. The County has, in past discussions, indicated that the operation of the ferry should not be a financial burden to the County. Within this philosophical framework, there are a number of ways to realize the municipal funding through different fees and fares scenarios. The agreement between the County of Frontenac and the Ministry of Transportation allows for a ferry revenue reserve to be maintained up to 5% of the current operating expenditures. A structure for fees and fares was instated beginning in 2005 which standardized the rates charged for both the Township Ferry and the Frontenac-Howe Islander Ferry and created a common revenue account. At that time, the pass price was reduced and the
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AGENDA ITEM #h)
ticket price increased. Having utilized this formula since 2005, it appears to meet the required contributions of both the Township and the County to the ferry operations. Comment At the regular meeting of Council held October 16, 2019, Council, through By-law 20190035, adopted the 2020 Frontenac-Howe Islander Ferry Fees and Fares Schedule. Since that time, it has come to staff’s attention that some of the dates in the By-law reflected 2019 as opposed to 2020 and that the By-law did not include Trailer passes for an island resident who already possess an annual pass for a single vehicle, which are at the same cost as an annual pass for a single vehicle. The resulting by-law for the 2020 Fares and Fees would identifies the cost of the passes and the fees as follows: Annual pass for a single vehicle One additional annual pass for a single vehicle per household Trailer pass - for an island resident who already possess an annual pass for a single vehicle Two way trip for single vehicle Two way trip for single vehicle with trailer in tow Additional charges for annual pass holder with trailer in tow Two way trip for any heavy vehicle Replacement fee per annual pass (Charged for every replacement)
$265.00 $70.00 $265.00 $6.00 $15.00 $6.00 $15.00 $25.00
The remainder of the By-law would be left unchanged. This amendment is in line with the schedule of fees and fares considered by the Council of the Township of Frontenac Islands at its meeting on October 15, 2019 and staff will advise the Township of this oversight on the part of the County. Strategic Priority Implications Priority 3: Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach of individual mandates and jurisdictions Specifically, continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services. Other Important and Continuing County Priorities: Specifically, respect the taxpayer and keep tax increases close to the rate of inflation. Financial Implications Under its agreement with the Ministry of Transportation, the County can reserve up to 5% of operating expense in a reserve to mitigate ferry revenue fluctuations. The proposed increase is in line with the increased costs anticipated for the service in 2020. Organizations, Departments and Individuals Consulted and/or Affected D. Plumley, CAO, Township of Frontenac Islands S. Kerr, Deputy Treasurer, Township of Frontenac Islands Recommend Report to Council Corporate Services – 2020 Frontenac-Howe Islander Ferry Fees and Fares Schedule December 18, 2019
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Page 2 of 2
AGENDA ITEM #i)
Report 2019-153 Council Information Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
December 18, 2019
Re:
Office of the Chief Administrative Officer – Authorization to enter into a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) regarding a Shared Administrative Facility
Recommendation Be It Resolved That the Council of the County of Frontenac receive for information the Office of the Chief Administrative Officer – Authorization to enter into a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) regarding a Shared Administrative Facility; And Further That County Council authorize the Warden and Clerk to execute a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) regarding a Shared Administrative Facility. Background In 2017 discussions began with the Cataraqui Region Conservation Authority (CRCA) with respect to the construction of a potential joint administrative facility. Following several meetings and discussions by the Administrative Building Design Task Force, Council authorized staff to engage appropriate architectural services to validate initial assessments to enable the partners to make a decision on whether or not to pursue the next stage of a shared development project. This resulted in County Council, at its meeting held May 15, 2019, being presented with Report 2019-059 after which Council authorized staff to engage appropriate architectural expertise to review and determine the feasibility and costs to redevelop the County Administration Building to accommodate County of Frontenac and Cataraqui Region Conservation Authority (CRCA) Administrative staff to an upset of $100,000 to be expensed from the County’s Modernization Fund.
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AGENDA ITEM #i)
Colbourne & Kembel, Architects Inc. was retained to carry out the facility analysis of the County Administrative Building, commonly referred to as “the old house”. The purpose of the analysis was to determine the feasibility and costs to redevelop the County Administration Building to accommodate County of Frontenac and CRCA Administrative staff. At its regular meeting held September 18, 2019, Council approved the following resolution as recommended by the Administrative Building Design Task Force stemming from its meeting held July 17, 2019, that being Reports from Advisory Committees of Council, clause a): a)
Report of the Administrative Building Design Task Force
Motion #: 160-19
Moved By: Seconded By:
Councillor Vandewal Councillor Martin
That the Report received from the Administrative Building Design Task Force be received and adopted. Report of the Administrative Building Design Task Force The Administrative Building Design Task Force reports and recommends as follows: 1.
2019-092 Administrative Building Design Task Force Authorization to Move Forward with a Shared Facility Be It Resolved That the Council of the County of Frontenac authorize staff to proceed with negotiations with the Cataraqui Region Conservation Authority (CRCA) for joint tenancy and subsequently, detailed designs for 2069 Battersea Road for Option 2, that being a joint administrative facility for the County of Frontenac and the Cataraqui Region Conservation Authority (CRCA) to an upset of $100,000 to be expensed from the County’s Municipal Modernization Funds; And Further That should the CRCA advise the County of Frontenac that it does not wish to proceed with a joint administrative facility, that staff be authorized to proceed with detailed designs for Option 1. Carried
The Administrative Building Design Task Force met on September 18, 2019 following the County Council meeting. At that meeting, the CRCA advised the County that it wished to proceed with a joint administrative facility with the County of Frontenac. At that meeting, the Task Force directed staff to proceed with Phase #1 and #2 of the Work Plan as identified in Report 2019-116 and report back to the Administrative Building Design Task Force in December. This direction fell within the parameters of resolution No. 160-19 passed by Council at its September 18, 2019 regular meeting. Recommend Report to Council Office of the Chief Administrative Officer – Office of the Chief Administrative Officer – Authorization to enter into a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) regarding a Shared Administrative Facility December 18, 2019 Page 2 of 3
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AGENDA ITEM #i)
Comment Phase #1 and #2 of the Work Plan as identified in Report 2019-116 have now been complete and the Administrative Building Design Task Force is set to meet on December 18, 2019 following the County Council meeting to discuss and proceed with the next Phases of the Workplan, that being the RFP for Detailed Design to happen between January and March of 2020. Discussions regarding this Phase include:
Includes testing, soils, materials Joint committee to select/recommend architecture firm Determine interim accommodations plan and/or project phasing
Prior to proceeding with the RFP Phase, a Memorandum of Understanding is required with the CRCA to outline the responsibilities of each party, including funding responsibilities and who pays what. Council authorization is required for the County to enter into a Memorandum of Understanding with the CRCA. Strategic Priorities Priority 3: Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach Specifically, the objectives that support this strategy states that the County will continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services. This priority identifies the CRCA as a current and potential project partner. In addition, shared facilities reduce the overall environmental foot print required to occupy two separate facilities. Depending upon outcomes/options in terms of a shared facility, the overall greenhouse gas foot print of the County could be reduced as a result of this project, thereby assisting in meeting our GHG emission requirements as noted in the County’s Energy Conservation and Demand Management Plan. Financial Implications There are no financial considerations associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Susan Brant, Director of Corporate Services/Treasurer Kevin Farrell, Manager of Continuous Improvement
Recommend Report to Council Office of the Chief Administrative Officer – Office of the Chief Administrative Officer – Authorization to enter into a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) regarding a Shared Administrative Facility December 18, 2019 Page 3 of 3
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AGENDA ITEM #j)
Report 2019-158 Council Recommend Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
December 18, 2019
Re:
Office of the Chief Administrative Officer – Authorization to enter into a Lease Agreement with the City of Kingston for a Land Ambulance Station located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON
Recommendation Be It Resolved That the Council of the County of Frontenac receive for information the Office of the Chief Administrative Officer – Authorization to enter into a Lease Agreement with the City of Kingston for an Ambulance Base located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON, report; And Further That County Council authorize the Warden and Clerk to execute a Lease Agreement with the City of Kingston for an Ambulance Base located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON. Background On October 9, 2018 the County received notification from the new owner and landlord Kingston Progress & Innovation Inc. of the building it currently lease at 666 Justus Drive, “This letter is to formally confirm that your lease will not be renewed, and we expect you to vacate the Unit #2 of 666 Justus Drive, Kingston by December 31st 2019.” As a result, County Council, at its regular meeting held January 16, 2019 passed the following resolution: Resolved That the Council of the County of Frontenac accept the Emergency and Transportation Services – Frontenac Paramedic Services – Station Locations in the West of Kingston report for information;
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And Further That the Council of the County of Frontenac directs staff to negotiate with the City of Kingston for a lease agreement at the location of the Woodbine Road Fire Station at 905 Woodbine Road, Kingston, ON And Further That the Council of the County of Frontenac directs staff to work with local commercial real estate agents to identify options for development of a new station in the designated area. Comment Staff have successfully negotiated a ten (10) year lease, with the option to extend the term of the lease for a second the (10) year term with the City of Kingston for the purpose of a land ambulance station at the Woodbine Road Fire Station, 905 Woodbine Road, commencing January 1, 2020. Staff have reviewed the draft lease agreement and are recommending that County Council authorize the Warden and Clerk to execute the agreement. This same lease agreement will be going to Kingston City Council next week for authorization of execution by City officers. This will move the land ambulance units currently housed at Unit #2 of 666 Justus Drive, Kingston to the Woodbine Fire Station. As noted above, the County is required to vacate Unit #2 of 666 Justus Drive, Kingston by December 31st 2019. With respect to the portion of the Council resolution that directed staff to work with local commercial real estate agents to identify options for development of a new station in the designated area, after issuing an RFP, the cost per square foot was considerably higher than locating both units at Woodbine Road at the present time. In addition, the locations presented in the RFP submissions were not suitable locations. Housing both units at the Woodbine Fire Station is however a temporary solution until a more suitable location can be found for the second unit. Strategic Priorities Priority 2: - Explore new funding sources and invest wisely in critical long-term infrastructure. Specifically, develop plans within a changing legislative and service delivery landscape to provide additional facilities for Frontenac Paramedics that will effectively meet steadily growing demand for services and accommodate more paramedic training. Priority 3: Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach Specifically, the objectives that support this strategy states that the County will continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services. This priority identifies the City of Kingston as a current and potential project partner. Recommend Report to Council Office of the Chief Administrative Officer – Authorization to enter into a Lease Agreement with the City of Kingston for a Land Ambulance Station located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON December 18, 2019 Page 2 of 3
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Financial Implications The cost of the negotiated lease agreement falls within the 2020 budget. Organizations, Departments and Individuals Consulted and/or Affected Susan Brant, Director of Corporate Services/Treasurer Gale Chevalier, Chief/Director of Emergency and Transportation Services
Recommend Report to Council Office of the Chief Administrative Officer – Authorization to enter into a Lease Agreement with the City of Kingston for a Land Ambulance Station located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON December 18, 2019 Page 3 of 3
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AGENDA ITEM #j)
LEASE AGREEMENT This Lease made in duplicate and effective on the ___ day of December, 2019.
B E T W E E N:
THE CORPORATION OF THE CITY OF KINGSTON (the “Landlord”)
- and -
THE CORPORATION OF THE COUNTY OF FRONTENAC (the “Tenant”) In consideration of the rents, covenants and obligations stipulated herein, the Landlord and the Tenant have agreed to enter into a Lease for a portion of the building municipally known as 905 Woodbine Road, Kingston, Ontario, Canada (the “Building”), having an area of approximately 2,296 square feet, as shown on Schedule “A” attached hereto (the “Premises”). SECTION 1: GRANT OF LEASE 1.1
The Landlord leases the Premises to the Tenant: (i) (ii) (iii)
for the Term set forth in Section 2; at the Rent set forth in Section 3; and subject to the conditions and in accordance with the covenants, obligations, and agreements herein.
1.2
The Landlord covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title and covenants that no such encumbrances on title impairs the ability of the Landlord to grant such leasehold interest.
1.3
The Tenant hereby leases and accepts the Premises from the Landlord and covenants to pay the Rent and to observe and perform all the covenants and obligations to be observed and performed by the Tenant pursuant to this Lease. The Tenant agrees that, except as may be specifically set out herein, the Premises are accepted on an “as is” basis and there is no promise, representation or undertaking binding upon the Landlord with respect to any alteration, re-modelling or decoration of the Premises or with respect to the installation of equipment or fixtures in the Premises except for the Landlord’s work as provided for in Schedule “B” (the “Landlord’s Work”).
1.4
The Tenant has the non-exclusive and non-transferable (except in accordance with Section 4) right to use the parking area located on the west side of the Building and the driveways serving the Building, in common with all others entitled thereto, for the purpose for which they were intended, subject to this Lease. The Tenant shall not, at any time, obstruct, impede or otherwise interfere with the shared driveway access to the Building.
SECTION 2: TERM, POSSESSION, EXTENSION AND TERMINATION 2.1
The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the Premises, to have and to hold for a period of ten (10) years (the “Term”),
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commencing on January 1, 2020 (the “Commencement Date”) and ending on December 31, 2029 (the “Expiration Date”), unless sooner terminated, and subject to the option to extend as set out in Section 2.5 herein. 2.2
If the Landlord delivers possession of the Premises to the Tenant prior to the Commencement Date, and provided that the Tenant has delivered to the Landlord a certificate of insurance confirming that the insurance required to be maintained by the Tenant under this Lease is in effect, the Tenant may enter the Premises, on a non-exclusive basis, for purposes of completing the Tenant’s Work, without any obligation to pay Gross Rent, as defined in Section 3.2. The Tenant agrees that during any period of entry prior to the Commencement Date, all other terms and conditions of this Lease apply.
2.3
Should the Tenant be delayed by any fault of the Landlord or any reason other than the fault of the Tenant in taking possession of the Premises on the Commencement Date, then and only then shall the Commencement Date be postponed for the same number of days that the Tenant is delayed in taking possession of the Premises. The Tenant acknowledges and agrees that such postponement shall be full settlement for any claims it might have against the Landlord for such delay.
2.4
Subject to the Landlord’s rights under this Lease, and as long as the Lease is in good standing, the Landlord covenants that the Tenant shall have quiet enjoyment of the Premises during the Term of this Lease without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming through the Landlord.
2.5
Provided that the Tenant is not then in default, the Tenant shall have the option to extend the Term of this Lease for a second term of ten (10) years (the “Extension Term”), upon the same terms and conditions as this Lease, except: (i)
the Gross Rent for the Extension Term shall be mutually agreed upon by the Landlord and the Tenant based upon the then-current fair market gross rent for comparable premises in similar areas, provided that the Gross Rent shall not be less than the annual Gross Rent payable in the last twelve (12) months of the initial Term, and provided further that if the parties are unable to agree as to such Gross Rent within sixty (60) days prior to the expiry of the initial Term, the Gross Rent shall be determined by arbitration in accordance with the Arbitration Act (Ontario);
(ii)
the Tenant shall accept the Premises on an “as is” basis with no Landlord’s Work, fixturing period, allowance, rent free period or other inducement of any nature;
(iii)
there shall be no further right to extend the Term after the expiration of the Extension Term; and
(iv)
at the option of the Landlord, the parties shall either enter into an extension agreement on the Landlord’s standard form or shall enter into a new lease on the Landlord’s then-current form of lease.
The Tenant shall deliver to the Landlord written notice of its intention to extend the Term at least six (6) months, but not more than twelve (12) months, prior to the Expiration Date, failing which this option to extend shall be null and void. 2.6
Notwithstanding anything to the contrary contained in this Lease, in the event that the right of the Tenant to provide land ambulance services is revoked or terminated by the authority of the Province of Ontario, this Lease shall terminate automatically, without penalty or payment. The effective date of such termination shall be sixty (60) days after the Tenant ceases to use the Premises as a land
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ambulance station. The Tenant shall promptly notify the Landlord in writing of any such revocation or termination by the authority of the Province of Ontario. If this Lease is terminated as aforesaid, the Tenant shall surrender the Premises and deliver vacant possession thereof to the Landlord on the termination date in accordance with this Lease and all Rent shall be adjusted as of the termination date. All amounts due and owing by the Tenant pursuant to this Lease shall become due and payable in full as of the termination date. The Tenant agrees to execute such documentation as may be required by the Landlord in order to give effect to the foregoing. SECTION 3: RENT 3.1
“Rent” means the amounts payable by the Tenant to the Landlord pursuant to this Section, and includes Gross Rent and Additional Rent.
3.2
The Tenant covenants to pay to the Landlord, during the period of January 1, 2020 to December 31, 2020, “Gross Rent” in the amount of Forty Four Thousand Seven Hundred Seventy Two Dollars ($44,772.00) plus applicable tax, payable in advance in equal monthly instalments of Three Thousand Seven Hundred Thirty One Dollars ($3,731.00) plus applicable tax.
3.3
The “Gross Rent” for each successive year of the Term shall be as follows plus applicable tax, payable in advance on the first day in each month, in equal monthly instalments: Period January 1, 2021 to December 31, 2021 January 1, 2022 to December 31, 2022 January 1, 2023 to December 31, 2023 January 1, 2024 to December 31, 2024 January 1, 2025 to December 31, 2025 January 1, 2026 to December 31, 2026 January 1, 2027 to December 31, 2027 January 1, 2028 to December 31, 2028 January 1, 2029 to December 31, 2029
Annual Gross Monthly Gross Rent Rent $45,667.44 $3,805.62 $46,580.79 $3,881.73 $47,512.40 $3,959.37 $48,462.65 $4,038.55 $49,431.91 $4,119.33 $50,420.54 $4,201.71 $51,428.95 $4,285.75 $52,457.53 $4,371.46 $53,506.68 $4,458.89
3.4
The Tenant further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Tenant to the Landlord pursuant to the provisions of this Lease (except Gross Rent) shall be deemed to be “Additional Rent”, plus applicable tax, whether or not specifically designated as such in this Lease.
3.5
The parties acknowledge that this Lease is a “gross lease”, and that the Gross Rent payable by the Tenant includes utilities (subject to Section 8.2 below), property taxes (subject to Section 8.1 below) and the Tenant’s proportionate share of operating expenses for the Building. Notwithstanding anything to the contrary, the Tenant shall be solely responsible for and indemnify the Landlord against all other expenses related to the Premises which are incurred in the operation of the Tenant’s business in the Premises, including, without limitation, janitorial services and window cleaning.
3.6
All Additional Rent payable under this Lease shall be charged to the Tenant as Rent and, unless otherwise provided in this Lease, shall be payable on demand, without deduction or set-off. Unless otherwise specified in this Lease, Additional Rent is due and payable within thirty (30) days after written demand.
3.7
If the Tenant fails to make any of the payments required by this Lease and such failure continues after the notice required by Section 16.1(i) then the Landlord
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may make such payments and charge to the Tenant as Additional Rent the amounts paid by the Landlord, and if such charges are not paid by the Tenant on demand the Landlord shall be entitled to the same remedies and may take the same steps for recovery of the unpaid charges as in the event of Rent in arrears. 3.8
All payments to be made by the Tenant to the Landlord pursuant to this Lease shall be delivered to the Landlord at the Landlord’s address for service as set out in Section 21.1 or to such other place as the Landlord may from time to time direct in writing.
3.9
If the Tenant fails to pay, when the same is due and payable, any amounts required to be paid as Rent under this Lease, such unpaid amounts shall bear interest at the rate of 15% per annum calculated monthly until the date on which payment in full is received by the Landlord.
3.10
Any amount remitted to the Landlord pursuant to this Lease which is returned by Tenant’s financial institution will be subject to the Landlord’s reasonable NSF fee as charged by its banker from time to time.
3.11
The Tenant acknowledges and agrees that the payments of Rent provided for in this Lease shall be made without any deductions for any reason whatsoever unless expressly allowed by statute or by the terms of this Lease or agreed to by the Landlord in writing and no partial payment by the Tenant which is accepted by the Landlord shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Landlord’s right to recover any Rent owing.
SECTION 4: TRANSFER 4.1
The Tenant shall not assign, sublet, encumber or mortgage this Lease or any part thereof, or the Premises or any part thereof (each, a “Transfer”) without the prior written consent of the Landlord which may not be unreasonably withheld.
4.2
If the Tenant intends to effect a Transfer, the Tenant will give prior notice to the Landlord of such intent, specifying the identity of the transferee, the type of Transfer contemplated, the part of the Premises affected by the Transfer, and the financial and other terms of the Transfer, and will provide such financial, business or other information relating to the proposed transferee and its principals as the Landlord requires, together with copies of all documents which record the particulars of the proposed Transfer. The Landlord will, within thirty (30) days after having received such notice and all requested information, notify the Tenant either that: (i)
it consents or does not consent to the Transfer in accordance with the provisions of this Section 4; or
(ii)
it elects to terminate this Lease as to the whole or the part, as the case may be, of the Premises affected by the proposed Transfer.
If the Landlord elects to terminate this Lease, it will stipulate in its notice the termination date of this Lease, which date will be no less than thirty (30) days and no more than ninety (90) days following the giving of notice of such election. If the Landlord elects to terminate this Lease, the Tenant will notify the Landlord within ten (10) days thereafter of the Tenant’s intention either to refrain from such Transfer or to accept termination of this Lease or the part thereof in respect of which the Landlord has exercised its rights. If the Tenant fails to deliver such notice within such ten (10) day period or notifies the Landlord that it accepts the Landlord’s termination, this Lease will, as to the whole or affected part of the Premises, as the case may be, be terminated on the date of termination stipulated by the Landlord in its notice of election to terminate. If the Tenant
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notifies the Landlord within ten (10) days that it intends to refrain from such Transfer, then the Landlord’s election to terminate this Lease shall become void. 4.3
No consent by the Landlord to a Transfer shall be considered or granted unless and until the Tenant shall deliver to the Landlord an agreement in form and substance satisfactory to the Landlord under which any assignee or subtenant assumes and agrees to be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease. So long as the requirements set out in this Section 4 have been satisfied, the Tenant shall be released from its obligations hereunder as of the effective date of any Transfer, except for any default arising prior to the effective date of the Transfer, in which case the joint and several liability of the Tenant shall continue until such default is remedied.
4.4
The consent of the Landlord to any Transfer shall not operate as a waiver of the necessity for consent to any subsequent Transfer.
4.5
If any Transfer is made without the written consent of the Landlord, then the Landlord shall be entitled to treat the Tenant as being in default of this Lease with no notice required to be given and to exercise the remedies stipulated in Section 17 of this Lease and any other remedies available in law.
SECTION 5: LANDLORD’S WORK 5.1
The Landlord agrees to undertake and complete, at the Landlord’s sole cost and expense, the Landlord’s Work set out in Schedule “B” attached hereto. The Landlord’s Work shall be carried out in a timely manner and shall be completed in a good and workmanlike manner, in accordance with all applicable by-laws, regulations, building codes, and rules, using qualified and licensed tradespeople and using Building standard materials of the Landlord’s choice.
SECTION 6: TENANT’S WORK 6.1
The Tenant agrees to undertake and complete, at its sole cost and expense, all work (other than the Landlord’s Work) required to be provided or performed in order the render the Premises complete and suitable for the Tenant’s business (the “Tenant’s Work”). Such Tenant’s Work shall be completed (a) in accordance with plans and specifications approved by the Landlord in writing in advance, as well as the provisions of this Lease pertaining to Tenant Alterations, (b) in a good and workmanlike manner, (c) using qualified and licensed tradespeople, and (d) in accordance with all applicable laws, regulations, building codes, rules and bylaws.
SECTION 7: USE 7.1
During the Term of this Lease and subsequent extensions thereof the Premises shall be used solely for the purpose of a land ambulance station.
7.2
The Tenant shall not do or permit to be done in the Premises anything which may: (i) (ii) (iii) (iv) (v) (vi) (vii)
constitute a nuisance, it being understood that the permitted use as defined herein does not, in itself, constitute nuisance; cause waste or damage to the Premises, the Building, or the Tenant Alterations or fixtures and equipment therein; interrupt or impose upon the use and enjoyment of the Building, other than the Premises, by the Landlord or other occupants or users of the Building; make void or voidable any insurance upon the Building; constitute a breach of any by-law, statute, order or regulation of any municipal, provincial or other competent authority relating to the Building; create any hazardous or dangerous substances; permit or contribute to any infestation of the Premises by pests; or
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(viii)
permit any overloading of the floors.
SECTION 8: TAXES AND UTILITIES 8.1
The parties acknowledge that, as of the date of this Lease, the Premises are not liable to assessment and taxation by virtue of Section 3(1)(9) of the Assessment Act (Ontario). Notwithstanding anything to the contrary, if at any time during the Term, or any extension thereof, the Premises are liable to assessment and taxation, the Tenant shall pay to the Landlord, as Additional Rent, all taxes, rates, duties, levies, fees, and assessments whatsoever imposed or assessed against or in respect of the Premises from time to time.
8.2
The parties acknowledge that the costs of Building standard water, sewer, heat and hydro are included in Gross Rent. The Tenant shall be responsible for all costs (both recurring and non-recurring) of any supplementary heating, ventilating, air-conditioning, electricity, sewage, water or other utility services requested by the Tenant for its operations in the Building. The Landlord shall supply such supplementary services, at the Tenant’s sole cost (payable as Additional Rent), if the Landlord determines, in its sole discretion, that the provision of such services is within the capacity of the Building systems, would not affect the operation or structure of the Building, would not reduce the efficiency of the existing services supplied to the Building, and is otherwise feasible.
SECTION 9: REPAIR AND MAINTENANCE 9.1
The Tenant covenants that during the Term of this Lease and any extension thereof the Tenant shall keep in good condition the Premises, including all alterations and additions made thereto (including, without limitation, all maintenance, repairs and replacements to the overhead door serving the Premises and all communication, life safety, security and vehicle exhaust systems serving the Premises), excluding only repairs and replacements which are the Landlord’s responsibility pursuant to Section 9.10.
9.2
The Tenant shall take every reasonable precaution to protect the Premises from risk of damage by fire, water or the elements or any other cause.
9.3
The Tenant shall not allow any refuse, garbage or any loose or objectionable material to accumulate in or about the Premises and will at all times keep the Premises in a clean and neat condition. The Tenant shall comply with the Landlord’s regulations respecting the storage and removal of waste and until removed, all waste from the Premises shall be kept in appropriate containers. The Tenant shall, at its sole cost, arrange for the storage and disposal of all biomedical waste in accordance with the provisions of the Environmental Protection Act (Ontario) and all other applicable laws.
9.4
The Tenant shall engage for the Premises, at its sole cost, a pest extermination contractor as approved by the Landlord in writing in advance and at such intervals as the Landlord requires, acting reasonably. If the Tenant fails to engage such pest extermination contractor as aforesaid or if the Landlord, acting reasonably, determines that the Tenant’s pest extermination contractor is not performing its duties effectively, then the Landlord may, on notice to the Tenant, engage its own pest extermination contractor on the Tenant’s behalf without incurring any liability in respect thereof and the Tenant will pay to the Landlord the cost of the Landlord’s pest extermination contractor as Additional Rent.
9.5
The Tenant shall pay the entire cost of replacement, with similar quality and size, of any broken glass caused by actions of the Tenant, its members, users or invitees, guests, or contractors, including without limitation the windows and doors in the exterior wall of the Building, during the Term of this Lease.
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9.6
The Tenant shall immediately give written notice to the Landlord of any damage that occurs to the Premises from any cause.
9.7
The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Premises to examine the condition thereof and view the state of repair at reasonable times and upon reasonable notice (except in the event of a real or perceived emergency, when no notice is required) and if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord. The Tenant shall make the necessary repairs that are within the Tenant’s obligations under this Lease within the time specified in the notice. The Landlord shall make any repairs which it deems necessary and that are within the scope of the Landlord’s obligations under this Lease.
9.8
If the Tenant refuses or neglects to meet its obligations to keep the Premises in good repair as outlined in this Lease, the Landlord may, but shall not be obliged to, after giving the notice required by Section 16.1(ii), make any necessary repairs, and shall be permitted to enter the Premises, by itself or its servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord’s entry and repairs, and if the Landlord makes repairs the Tenant shall pay the cost of them immediately as Additional Rent.
9.9
Upon the expiry of the Term or other termination of this Lease, the Tenant agrees to peaceably surrender the Premises, including any alterations or additions made thereto, to the Landlord in a state of good repair in accordance with the Tenant’s obligations herein, reasonable wear and tear excepted. Provided the Tenant is not in material default of this Lease and all monies due under this Lease have been paid, the Tenant shall be permitted (subject to and in accordance with Sections 10.6 and 10.7 below) to remove any Trade Fixtures and additions which are improvements paid for by the Tenant during the Term or any extension no later than ten (10) days before the expiry or other termination of this Lease.
9.10
The Landlord covenants that during the Term of this Lease and any extension thereof the Landlord shall, at its sole cost and expense (except to the extent any repairs or replacements are necessitated due to anything done or omitted to be done by the Tenant or those for whom it is legally responsible, in which case the Tenant shall be solely responsible for the cost), undertake all repairs and replacements to: (i)
the footings, foundations, structural columns and beams, structural subfloors, bearing walls, exterior walls, windows (excluding broken glass and window cleaning, which shall be the responsibility of the Tenant) and roof of the Building;
(ii)
the driveways and parking facilities serving the Premises (including snow removal); and
(iii)
the base building mechanical, electrical, plumbing, heating, ventilation and air-conditioning systems serving the Premises,
in each case as reasonably required from time to time for the proper operation of the Building and as would a prudent owner, reasonable wear and tear excepted. For clarity, all other maintenance, repairs and replacements in or to the Premises are the responsibility of the Tenant, at its sole cost. SECTION 10: ALTERATIONS AND ADDITIONS 10.1
If, during the Term of this Lease or any extension of it, the Tenant desires to make any alterations or additions to the existing Premises, including but not limited to, erecting partitions, attaching equipment, and installing necessary
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furnishings or additional equipment (including structures relating to the Tenant’s operation) (“Tenant Alterations”), the Tenant may do so at its own expense, at any time and from time to time, provided the following conditions are met for Tenant Alterations of a type that typically require a building permit: (i)
before undertaking any alteration or addition the Tenant shall submit to the Landlord two (2) sets of detailed working drawings showing the proposed alterations or additions and with any items included in the plan which are regarded by the Tenant as “Trade Fixtures”. For clarity, “Trade Fixtures” does not include any items installed or provided by the Landlord as part of the Landlord’s Work; and
(ii)
the Landlord has approved such plans, in writing, such approval not to be unreasonably or arbitrarily withheld or unnecessarily delayed.
In making any alterations or additions to the Premises, the Tenant shall comply with all applicable building code standards and by-laws of the municipality and shall obtain all required permits and approvals for such alterations or additions. All work to be performed in the Premises shall be performed by competent contractors and subcontractors chosen by the Tenant and approved by the Landlord prior to the commencement of any work by such contractors and subcontractors (such approval not to be unreasonably withheld) except that the Landlord may require that the Landlord’s contractors and subcontractors be engaged for any work affecting the building systems including, without limitation, structural, mechanical and electrical work. 10.2
The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on, or to the Premises, as a result of the Tenant’s use or occupation thereof.
10.3
No advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the Premises unless the sign, advertisement or notice has been approved, in writing, in every respect by the Landlord. All signage shall be at the Tenant’s sole cost (including, without limitation, all utilities costs associated with such signage) and must comply with municipal by-laws. Subject to the Tenant obtaining all required municipal approvals, the Tenant shall be permitted, at its sole cost, to install its identification signage on the exterior brick wall of the Building facing Woodbine Road. Such signage shall be subject to the Landlord’s prior written approval in all respects, including, without limitation, as to the location, size, design, and method of affixation. Upon the expiry or earlier termination of this Lease, the Tenant shall promptly remove such signage and repair any damage caused by the installation or removal thereof in accordance with Section 10.9 of this Lease.
10.4
In conjunction with the completion of all Tenant Alterations, the Tenant will pay for the modification of “As built” drawings which reflect the final construction, including mechanical, electrical and sprinkler systems drawings, if such systems are modified by the Tenant.
10.5
The Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any mechanics’, builders’, construction or other lien be filed against the Premises by reason of Tenant’s or its agents’ or contractors’ acts or omissions or because of a claim against the Tenant, the Tenant shall cause the same to be cancelled and discharged or shall proceed diligently to contest such claim within ten (10) days after the registration thereof. Should the Tenant fail to discharge such lien within thirty (30) days after the registration thereof, the Landlord may elect to discharge such lien by paying the amount claimed to be due and any additional amounts as may be required at law or otherwise (or posting a bond in lieu thereof) into court, in which event the Tenant shall reimburse the Landlord, on demand, as Additional Rent, for the amount so paid or the amount of the bond
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plus all administrative costs incurred by the Landlord in connection therewith, including, without limitation, all legal fees and disbursements plus an administration fee of ten percent (10%) in connection therewith. The remedies provided herein shall be in addition to all other remedies available to the Landlord. 10.6
All Tenant Alterations other than Trade Fixtures in the Premises, whether placed there by the Tenant or the Landlord, shall, upon affixation, be the Landlord’s property without compensation therefore to the Tenant and shall not be removed from the Premises by the Tenant at any time during the Term. The Landlord shall be under no obligation to repair or maintain the Tenant’s Alterations or anything in the nature of a leasehold improvement made or installed by the Tenant or the Landlord, except where such alteration or improvement pertains to the portion of the Building that the Landlord is otherwise obligated to repair.
10.7
If the Tenant has complied with its obligations according to the provisions of this Lease, the Tenant may remove its Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that it will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant’s Trade Fixtures.
10.8
Other than as provided in Sections 9.9, 10.6 and 10.7 above, the Tenant shall not, during the Term of this Lease or anytime thereafter, remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant, except in the following circumstances: (i) (ii)
(iii)
the removal is in the ordinary course of business; the Trade Fixture, other good, or other chattel has become unnecessary for the Tenant’s business or is being replaced by a new or similar Trade Fixture, other good, or other chattel; or the Landlord has consented in writing to the removal,
but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, other good, other chattel, equipment, partitions, furnishings and any other objects whatsoever brought into the Premises by the Tenant. 10.9
At the expiration or earlier termination of this Lease, the Tenant shall, at its own expense, if requested by the Landlord, remove any or all signage installed during the Term and shall repair all damage caused by the installation or the removal or both and shall restore the area to as close to its original condition to the reasonable satisfaction of the Landlord and subject to wear and tear, provided that in all cases such area shall be left by the Tenant properly functioning for its intended purpose and in good working condition.
SECTION 11:
ENTRY BY LANDLORD
11.1
The Landlord and the Landlord’s agents and representatives shall have the right to enter the Premises at any time in case of an emergency or reasonable apprehension of an emergency and at all reasonable times upon reasonable notice for any purpose permitted pursuant to the terms of this Lease, including, but not limited to, examining the Premises and making such repairs or alterations therein as may be necessary or appropriate in the Landlord’s reasonable discretion for the safety and preservation of the Building. The Landlord agrees to undertake any such repairs or alterations as expeditiously as reasonably possible and shall use reasonable efforts to minimize any interference with the operation of the Tenant’s business.
11.2
The Landlord shall have the right to use any and all means to open doors to the Premises in an emergency or reasonable apprehension of an emergency in order
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to obtain entry thereto without liability to the Tenant therefore. Any entry to the Premises by the Landlord by any of the foregoing means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into or a distraint of the Premises, or an eviction, partial eviction or constructive eviction of the Tenant from the Premises, or any portion thereof, and shall not relieve the Tenant of its obligations hereunder. The Landlord shall immediately verbally notify the Tenant upon exercising its right of forced entry for the purpose set out herein in order that the Tenant can make arrangements to re-secure the Premises. SECTION 12: OPERATION, ALTERATIONS BY LANDLORD 12.1
The Landlord will control the management and operation of the Building and the lands. In doing so, the Landlord will have the right, among other things, to (a) temporarily obstruct or close off parts of the Building and/or the lands for maintenance, repair or construction (so long as the Tenant has reasonable access to the Premises during any such period of maintenance, repair or construction), (b) make repairs, replacements, changes or additions to the structure, systems, facilities and equipment in the Premises where necessary to service the Building as a whole, and (c) do and perform such other acts as the Landlord reasonably determines to be advisable for the Building. In exercising its rights under this Section 12.1, the Landlord shall use reasonable efforts to provide the Tenant with prior notice of any work that may materially and adversely affect the Tenant’s access to or use of the Premises.
12.2
The Tenant acknowledges that in no event shall any noise or other disturbance caused by any construction or work of the Landlord constitute a breach of the Tenant’s right to quiet enjoyment of the Premises and the Tenant waives and releases any claims for damages including loss of business resulting therefrom. The Landlord agrees to undertake any such repairs, replacements, changes or additions as expeditiously as reasonably possible and shall use its reasonable efforts to minimize any interference with the Tenant’s operations.
SECTION 13: INSURANCE 13.1
Throughout the Term and any period when it is in possession of the Premises, the Tenant will maintain the following insurance: (i)
“all risks” property insurance in an amount not less than the full replacement cost, insuring all property owned by the Tenant (including furniture and movable equipment), or installed by or on behalf of the Tenant, including leasehold improvements in the Premises;
(ii)
when applicable, broad form boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount not less than the replacement cost of all leasehold improvements and of all boilers, pressure vessels, air-conditioning equipment and electrical equipment in or serving the Premises, owned or operated by the Tenant or by others (except the Landlord) on behalf of the Tenant;
(iii)
public liability and property damage insurance including personal injury liability, contractual liability, non-owned automobile liability, contingent employers’ liability, and owners’ and contractors’ protective insurance coverage, with respect to the Premises and the Tenant’s use of the Building and the lands, on an occurrence basis, with coverage including the activities and operations conducted: (A) by the Tenant and any other person on the Premises; (B) by the Tenant and any other person performing work on behalf of the Tenant; and (C) by the Tenant and those for whom the Tenant is in law responsible in any other part of the Building and the lands. These policies will be written on a comprehensive basis with inclusive limits of at least Five Million Dollars ($5,000,000.00) for each occurrence for bodily injury for any one or more persons or property
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damage (but the Landlord, acting reasonably, may require higher limits from time to time); (iv)
standard owner’s form automobile insurance providing third party liability insurance with Two Million Dollars ($2,000,000.00) inclusive limits of coverage, and accident benefits insurance, covering all licensed vehicles owned or operated by or on behalf of the Tenant; and
(v)
any other form of insurance with whatever limits the Tenant or the Landlord, acting reasonably, requires from time to time, in form, in amounts and for risks against which a prudent tenant under similar circumstances would insure.
13.2
Each policy of insurance will name the Tenant as named insured, and the Landlord as an additional insured save and except for the policy of insurance listed at section (iv) which shall not name the Landlord as an additional insured. The policies specified under Section 13.1(iii) will contain a severability of interests clause and cross liability clauses. If there is a dispute as to the amount of the full replacement cost, the decision of a mutually appointed professional insurance appraiser will be conclusive.
13.3
All policies will: (i) be taken out with insurers licensed in Ontario; (ii) be in a form reasonably satisfactory to the Landlord; (iii) be non-contributing with, and apply only as primary and not excess to any other insurance available to the Landlord; (iv) not be invalidated as respects the interests of the Landlord by reason of any breach or violation of warranties, representations, declarations or conditions contained in the policies; and (v) contain an undertaking by the insurers to notify the Landlord in writing not less than thirty (30) days before any cancellation or termination.
13.4
Prior to taking possession of the Premises and on every renewal date, the Tenant will deliver certificates of insurance, executed by the Tenant’s insurers or their authorized representatives, evidencing that the required insurance is in force. No review or approval of any insurance policy or certificate by the Landlord will in any way alter the Landlord’s rights under this Lease.
SECTION 14: INDEMNITY 14.1
The Tenant shall at all times indemnify and save harmless the Landlord from and against any and all manner of claims, demands, losses, costs, charges, actions and other proceedings whatsoever (including those under or in connection with the Workplace Safety and Insurance Act, 1997, S.O. 1997, c.16, Sch. A, or any successor legislation), made or brought against, suffered by or imposed on the Landlord or its property in respect of any loss, damage, or injury (including fatal injury) to any person or property (including, without restriction, employees, agents and property of the Landlord or of the Tenant) directly or indirectly arising out of, resulting from or sustained as a result of the Tenant’s occupation or use of, or any operation in connection with, the Premises or any fixtures or chattels thereon except to the extent attributable to the Landlord’s negligence.
14.2
The Tenant shall at all times indemnify and save harmless the Landlord from and against any and all claims, demands, losses, costs, charges, actions and other proceedings under the Construction Act, R.S.O. 1990, c. C. 30 in connection with any work done for the Tenant at or on the Premises. The Tenant shall, at its own expense, promptly see to the removal of every claim from the registered title to the lands for lien or certificate of action having to do with such work in accordance with Section 10.5 of this Lease.
14.3
The Landlord shall at all times indemnify and save harmless the Tenant from and against any and all manner of claims, demands, losses, costs, charges, actions and other proceedings whatsoever made or brought against, suffered by or
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imposed on the Tenant or its property in respect of any loss, damage, or injury (including fatal injury) to any person or property (including, without restriction, employees, agents and property of the Tenant or of the Landlord) directly or indirectly arising out of, resulting from or sustained as a result of The Corporation of the City of Kingston’s occupation or use of, or any operation in connection with, the Building (other than the Premises), except to the extent attributable to the Tenant’s negligence. SECTION 15: DAMAGE TO THE BUILDING 15.1
15.2
If the Premises or any part thereof is damaged or destroyed, in whole or in part, by fire or other peril, then the following provisions shall apply: (i)
if the Landlord determines that damage or destruction renders the Premises unfit for occupancy and impossible to repair or rebuild using reasonable diligence within one hundred and twenty (120) clear days from the happening of such damage or destruction, then the Term hereby granted shall cease from the date the damage or destruction occurred, and the Tenant shall immediately surrender the remainder of the Term and give possession of the Premises to the Landlord, and the Gross Rent from the time of the surrender shall abate;
(ii)
if the Landlord determines that the Premises can with reasonable diligence be repaired and rendered fit for occupancy within one hundred and twenty (120) days from the happening of the damage or destruction, but the damage renders the Premises wholly unfit for occupancy, then the Gross Rent hereby reserved shall not accrue after the day that such damage occurred, or while the process of repair is going on, and the Landlord shall repair the Premises with all reasonable speed (to the extent of the Landlord’s Work described in Schedule “B”), and the Tenant’s obligation to pay Gross Rent shall resume immediately after the necessary repairs have been completed by the Landlord;
(iii)
if the Premises can be repaired within one hundred and twenty (120) days as aforesaid, and the damage is such that the Premises is capable of being partially used for the operation of the Tenant’s business (in the Tenant’s reasonable opinion), then until such damage has been repaired, the Tenant shall continue in possession and the Gross Rent shall abate proportionately;
(iv)
any question as to the degree of damage or destruction or the period of time required to repair or rebuild shall be determined by a qualified architect or engineer retained by the Landlord; and
(v)
apart from the provisions of subsections (i), (ii) and (iii) above, there shall be no abatement from or reduction of the Rent payable by the Tenant, nor shall the Tenant be entitled to claim against the Landlord for any damages, general or special, caused by fire, water, sprinkler systems, partial or temporary failure or stoppage of services or utilities which the Landlord is obliged to provide according to this Lease, from any cause whatsoever. Despite anything to the contrary contained in this Lease, if the Landlord determines that more than forty percent (40%) of the floor area of the Building is damaged or destroyed, whether or not the Premises are damaged, then the Landlord may, upon at least thirty (30) days’ notice to the Tenant, given within ninety (90) days after the damage or destruction, terminate this Lease, and all Rent will abate as of the effective date of termination. If the Building is damaged or destroyed to the extent described above and the Landlord does not terminate this Lease, the
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Landlord will rebuild the Building to the extent of its obligations under its leases for leasable premises in the Building (including this Lease) but the Landlord may use plans and specifications and working drawings that are different from those used in the original construction of the Building, and the rebuilt or repaired Building may be different in configuration or design from the Building before the damage or destruction, so long as the Premises are not so significantly altered as to materially and adversely affect the Tenant’s operations. SECTION 16: 16.1
EVENTS OF DEFAULT
In addition to any other event specified in this Lease as an Event of Default, the occurrence of any one or more of the following events during the Term (each, individually, an “Event of Default” and collectively, “Events of Default”) shall constitute a breach of this Lease by the Tenant and the Landlord may exercise the rights set forth in Section 17 of this Lease or as otherwise provided at law or in equity: (i)
The Tenant shall fail to pay any Rent (or cure any other default which is curable by the payment of money) within ten (10) days after written notice that same is due and payable; or
(ii)
The Tenant shall default in the performance of or compliance with any of the other covenants, agreements, terms or conditions of this Lease to be performed by the Tenant (other than any default curable by the payment of money), and, unless expressly provided elsewhere in this Lease that no notice and/or opportunity to cure such default is to be afforded the Tenant, such default shall continue for a period of fifteen (15) days after written notice thereof from the Landlord to the Tenant, or, in the case of a default which cannot with due diligence be cured within fifteen (15) days, the Tenant fails to commence such cure promptly within such fifteen (15) day period and thereafter diligently prosecute such cure to completion; or
(iii)
The Tenant commits any act or neglects to do anything with the result that a valid construction lien or other encumbrance is registered against the Landlord’s property; or
(iv)
The Tenant fails to cease the doing of any prohibited act described in Section 7.2 above; or
(v)
The Premises shall be effectively abandoned by the Tenant, as shown by failure to be in occupancy and actively carrying on the business permitted by this Lease in the Premises for a period of thirty (30) consecutive days other than for legitimate reasons such as undergoing Tenant Alterations approved by the Landlord in accordance with this Lease, or due to damage or destruction.
SECTION 17: REMEDIES UPON DEFAULT 17.1
When an Event of Default on the part of the Tenant has occurred: (i)
the Landlord shall have the right to terminate this Lease and to re-enter the Premises and deal with it as it may choose; and
(ii)
the Landlord shall have the right to remove all persons and property from the Premises and store such property at the expense and risk of the Tenant or sell or dispose of such property in such manner as the Landlord sees fit without notice to the Tenant and to keep any proceeds therefrom and apply them to any outstanding amounts owing by the Tenant to the Landlord.
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17.2
If, when an Event of Default has occurred, the Landlord chooses not to terminate the Lease and re-enter the Premises, the Landlord shall have the right to take any and all necessary steps to rectify any or all Events of Default of the Tenant and to charge the costs of such rectification to the Tenant and to recover the costs as Additional Rent, other than its legal costs incurred to enforce its remedies hereunder.
17.3
If, when an Event of Default has occurred, the Landlord chooses to waive its right to exercise the remedies available to it under this Lease or at law the waiver shall not constitute condonation of the Event of Default, nor shall the waiver be pleaded as an estoppel against the Landlord to prevent it exercising its remedies with respect to a subsequent Event of Default. No covenant, term or condition of this Lease shall be deemed to have been waived by the Landlord unless the waiver is in writing and signed by the Landlord.
SECTION 18: OVERHOLDING 18.1
If the Tenant remains in possession of the Premises after the Expiration Date of this Lease and any extension periods and if the Landlord then accepts Rent for the Premises from the Tenant, it is agreed that such overholding by the Tenant and acceptance of Rent by the Landlord shall create a monthly tenancy, which may be terminated by either party upon at least sixty (60) days’ prior written notice, subject to all the terms and conditions of this Lease except those regarding the Term.
SECTION 19: ESTOPPEL CERTIFICATE 19.1
At any time and from time to time upon written request by the Landlord, the Tenant shall deliver within ten (10) Business Days (as defined in Section 21.5) after such request, a certificate to the Landlord or to any present or proposed mortgagee or purchaser designated by the Landlord, in a form acceptable to the Landlord and Tenant’s solicitor, certifying such information regarding the then current status of the Lease as the Landlord may require, acting reasonably.
SECTION 20: SUBORDINATION AND POSTPONEMENT 20.1
This Lease and all the rights of the Tenant under this Lease are subject and subordinate to any and all charges against the Premises, whether the charge is in the nature of a mortgage, trust deed, lien or any other form of charge arising from the financing or re-financing, including extensions or renewals, of the Landlord’s interest in the property.
20.2
Upon the request of the Landlord the Tenant will execute any form required to subordinate this Lease and the Tenant’s rights to any such charge, and will, if required, attorn to the holder of the charge.
20.3
No subordination by the Tenant shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Premises by the Tenant as long as the Tenant performs its obligations under this Lease.
20.4
Upon request from the Tenant, the Landlord shall use reasonable efforts to deliver to the Tenant a non-disturbance agreement in favour of the Tenant in respect of this Lease from any existing mortgagees and chargees of the Premises.
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SECTION 21: NOTICE 21.1
Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease shall be given: To the Landlord at: City Hall, 216 Ontario Street Kingston, ON K7L 2Z3 Phone: (613) 546-4291 ext 3148 Fax: (613) 546-4867 Attention: Director, Real Estate & Environmental Initiatives To the Tenant at:
The Corporation of the County of Frontenac 2069 Battersea Road Glenburnie, ON K0H 1S0 Phone: (613) 548-9400 Fax: (613) 548-8460 Attention: County Clerk
21.2
The above addresses may be changed at any time by giving ten (10) days written notice.
21.3
Any and all notices required or which either party herein may desire to give to the other shall be made in writing and shall be given by (i) registered mail, postage prepaid, or (ii) a local courier, or (iii) electronic means and shall be deemed to be given on the fifth (5th) Business Day after the date of mailing or one Business Day after delivery to the courier for overnight next morning delivery or on the same day as it was sent by electronic means if sent before 2:00 p.m. on a Business Day, otherwise on the next Business Day.
21.4
Anything contained herein to the contrary notwithstanding, any bills or invoices may be given by hand or by regular mail and, if so given, shall be deemed given on the date of delivery or refusal to accept delivery, if by hand, or on the fifth (5th) Business Day following the date of mailing, if mailed.
21.5
For the purposes hereof, “Business Day” means a day other than a Saturday, Sunday or statutory holiday in the Province of Ontario.
SECTION 22: LANDLORD REPRESENTATION 22.1
The Landlord covenants, represents and warrants to the Tenant that the Landlord is the registered owner of the Premises and has the full right, power and authority to enter into this Lease.
22.2
The Landlord shall designate one representative authorized to act on the Landlord’s behalf, identified as the Director, Real Estate & Environmental Initiatives, and shall specify in written notice to the Tenant any limits on the representative’s authority. The Landlord may change the identification of the Landlord’s representative from time to time by notice in writing.
SECTION 23: ENVIRONMENT, SUSTAINABILITY AND ACCESSIBILITY 23.1
For the purpose of this Section 23: (i)
“Environmental Laws” means all federal, provincial, municipal and local laws, regulations, rules, by-laws, ordinances, judgments, decisions, and orders issued by any governmental or regulatory agency relating to or governing the environment, occupational health and safety, product safety, product liability, and the generation, storage, use, handling, manufacture, processing, transportation, import, export, treatment, remediation, release, discharge, or disposal of any Hazardous Substances; and
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(ii)
“Hazardous Substances” means any waste, pollutant, contaminant, material or substance which is or may be dangerous, hazardous, toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic or mutagenic or which could otherwise pose a risk to health, safety or the environment, including any substance which contains polychlorinated biphenyls (PCBs), asbestos, lead, urea formaldehyde or radon gas.
23.2
During the Term of this Lease, or any extension thereof, the Tenant shall comply with all applicable Environmental Laws and environmental permits applicable to the operation or use of the Premises, shall cause all other persons occupying or using the Premises to comply with all such Environmental Laws and environmental permits, shall immediately pay all costs and expenses incurred by reason of such compliance, and shall obtain and renew all environmental permits required for operation or use of the Premises. The Tenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal, of Hazardous Substances in the Premises, or transport or permit the transportation of Hazardous Substances to or from the Premises except for limited quantities used or stored in the Premises and required in connection with the routine operation and maintenance of the Premises, and then only in compliance with all applicable Environmental Laws and environmental permits.
23.3
The Tenant acknowledges and agrees that, in keeping with the Landlord’s environmental, sustainability and accessibility objectives and standards, any decision made by the Landlord with respect to the operation of and any alterations or additions to the Premises in furtherance of these objectives and standards during the term of the Lease, will be considered to have been made by the Landlord acting reasonably and the Tenant will cooperate with the Landlord in implementing these changes.
23.4
Notwithstanding anything to the contrary, the Tenant shall not be responsible for any Hazardous Substances existing in the Premises prior to the Commencement Date, or that were not caused or contributed to by the act or omission of the Tenant, its employees, agents, servants, contractors or those for whom the Tenant is in law responsible.
SECTION 24: MISCELLANEOUS 24.1
The term “Landlord” as used in this Lease shall mean only the owner of the Premises. In the event of any transfer of title to or lease of the Premises to a transferee who assumes all obligations of the Landlord under this Lease, the transferor shall be entirely discharged and released of all covenants and obligations of the Landlord hereunder (whether express or implied) without further agreement between the parties or their successors in interest and the Tenant shall look solely to the successor in interest of the transferee as the Landlord under this Lease. This Lease shall not be affected by such transfer or lease, and the Tenant agrees to attorn to the transferee or assignee, such attornment to be effective and self-operative without the execution of any further instrument by the parties to this Lease.
24.2
The Tenant acknowledges and agrees that it has not relied upon any statements, representations, agreements or warranties except those expressed in this Lease. The Landlord and Tenant agree that this Lease contains the entire agreement of the parties. No amendment or modification of this Lease shall be binding or valid unless expressed in writing and executed and delivered by the Landlord and the Tenant in the same manner as the execution of this Lease.
24.3
The submission of this document for examination and review does not constitute an option, an offer to lease space, or an agreement to lease space. This document shall have no binding effect on the parties hereto unless and until executed and delivered by both the Landlord and the Tenant.
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24.4
Except as otherwise specifically provided herein, the terms, covenants and conditions contained in this Lease shall bind and enure to the benefit of the respective successors, administrators and assigns of each of the parties hereto.
24.5
In all instances where a party is required by the terms and provisions of this Lease to pay any sum of money or to do any act at a particular indicated time or within any indicated period, it is understood and agreed that time is of the essence.
24.6
If any term, covenant or condition of this Lease or the application to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, the remainder of this Lease or the application of such term, covenant or condition to persons or circumstances other than those with respect to which it is held invalid, unenforceable or illegal is not affected thereby and continues to be applicable to the fullest extent permitted by law.
24.7
Each of the Landlord and the Tenant shall act in good faith and in a reasonable manner in enjoying and performing its rights and obligations under this Lease. Except as specifically provided herein, any consent, approval, determination or exercise of discretion to be made by the Landlord or the Tenant or any professional or consultant appointed by either party shall be given, made or exercised in good faith and shall not be unreasonably withheld or delayed.
24.8
The Tenant does not, in any way or for any purpose, become a partner of the Landlord in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Landlord. No acts of the parties hereto shall create any relationship between the parties hereto other than that of Landlord and Tenant.
24.9
A waiver by one of the parties of any breach of any of the other party’s covenants hereunder shall not affect or prejudice its rights in respect of any future or other breach of covenant by the said other party.
24.10 If a dispute arises out of, or in connection with this Lease, the parties agree to meet to pursue resolution through negotiation or other appropriate dispute resolution process before resorting to litigation. Written notice, containing a request to negotiate, shall be given by either party to the other. This notice shall be given promptly in order to prevent further damages resulting from delay and shall specify the issues in dispute. Negotiations shall occur first between representatives of the Landlord (Director of Real Estate & Environmental Initiatives) and the Tenant (County Clerk). If the representatives do not resolve all of the issues in the dispute within ten (10) days after notice has been given, then the parties shall attempt to resolve the issues in dispute through a second level of negotiations, between the Chief Administrative Officers of the Landlord and the Tenant. If the parties do not resolve all of the issues in dispute through negotiations, then within twenty (20) days after notice has been given, either party may submit those issues to binding arbitration pursuant to the provisions of the Arbitration Act, 1991, S.O. 1991, c.17. 24.11 The Tenant will not allow or cause this Lease or any assignment or sublease or other document evidencing an interest of the Tenant in this Lease or the Premises to be registered on title to the lands except that, at the Tenant’s request, if the Tenant pays the Landlord’s reasonable expenses, the Tenant may register a notice of lease against title to the lands, describing the parties, the Term, and the other minimum information required under the applicable legislation, but the form must first be approved by the Landlord. The Tenant will execute promptly any documents the Landlord reasonably requires in connection with this Lease, for registration on title to the lands at the Landlord’s expense.
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SECTION 25: INTERPRETATION 25.1
Whenever in this Lease any words of obligation or duty are used, such words or expressions shall have the same force and effect as though made in the form of a covenant.
25.2
Words of any gender used in this Lease shall be deemed to include any other gender and words in the singular shall be deemed to include the plural, when the context requires.
25.3
No remedy or election given pursuant to any provision in this Lease shall be deemed exclusive unless so indicated, but each shall, wherever possible, be cumulative with all other remedies at law or in equity as otherwise specifically provided herein.
25.4
If and to the extent that, any of the provisions of any amendment, modification or rider to this Lease conflict or are otherwise inconsistent with any of the preceding provisions of this Lease, whether or not such inconsistency is expressly noted in such amendment, modification or rider, the provisions of such amendment, modification or rider shall prevail.
25.5
The parties mutually agree that the headings and captions contained in this Lease are inserted for convenience of reference only, and are not to be deemed part of or to be used in construing this Lease.
25.6
This Lease shall be construed in accordance with the laws of the Province of Ontario. Unless herein waived, the Landlord and the Tenant acknowledge that all of the applicable statutes of the Province of Ontario are superimposed on the rights, duties and obligations of the Landlord and the Tenant hereunder.
25.7
The Landlord and the Tenant each acknowledge and warrant that each has been represented by counsel and has executed this Lease after being fully advised by said counsel as to its effect and significance.
25.8
The parties agree, from time to time, to do or cause to be done all such things, and to execute and deliver all such documents, agreements and instruments reasonably requested by the other, as may be necessary or desirable to complete the transaction contemplated by this Lease and to carry out its provisions and intent.
[Signature page follows]
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IN WITNESS WHEREOF, the Landlord has executed and accepted this Lease at Kingston, Ontario this day of , 2019.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE CITY OF KINGSTON
We have the authority to bind the corporation.
Per: _____________________________ Bryan Paterson, Mayor
John Bolognone, City Clerk
IN WITNESS WHEREOF, THE Tenant has executed and accepted this Lease at Kingston Ontario, this day of , 2019.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE COUNTY OF FRONTENAC
I/We have the authority to bind the corporation.
Per:
Per:
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SCHEDULE “A” The “Premises ” – Floorplan to be updated pending completion of the Landlord’s Work as per Schedule “B” –
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SCHEDULE “B” LANDLORD’S WORK Prior to the Commencement Date, the Landlord will, on a “once only” basis, at its sole expense, using materials and contractors chosen by the Landlord in its sole discretion, complete the Landlord’s Work as described on the drawings issued for construction, August 18, 2019 by CSV Architects on behalf of the Landlord and as amended by Change Orders approved by the Landlord and Tenant. Except for the performance of the Landlord’s Work, the Tenant accepts the Premises in their “as is, where is” condition.
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AGENDA ITEM #a)
Report 2019-155 Council Information Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Lisa Hirvi, Administrator
Date of meeting:
December 18, 2019
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, 2019 to September 30, 2019 as well as significant updates in October 2019. Comment Accreditation Fairmount is pursuing accreditation with CARF Canada, as previously reported in Fairmount’s Quarterly Update Activity Report dated January 16, 2019. CARF Canada accepted the survey application and conducted the onsite survey on November 14 and 15, 2019. County Council representatives attended the survey for the orientation conference and/or exit conference. CARF Canada released the accreditation report, and Fairmount received the Three-Year Accreditation. The details are shared in the Information Report 2019-156. Ministry of Long-Term Care – Inspections During the third quarter, there was one (1) complaint logged with the Ministry of LongTerm Care (MOLTC) related to resident care. A ministry inspection was conducted in August 2019. There were no findings. During this ministry inspection, the inspector also conducted a Critical Incident System (CIS) inspection for critical incidents that Fairmount has reported since the previous inspection in March 2019. The CIS inspection included one (1) critical incident regarding resident to resident abuse. There were no findings.
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The public versions of the reports are posted at Fairmount for public review. The Ministry of Health and Long-Term Care publishes the Reports on Long-Term Care Homes on its website. Thank you to the management and staff who worked professionally and cooperatively with the ministry inspector. MOLTC – Long-Term Care Home Performance Report The MOLTC released a new LTC Home Performance Report for LTC Homes in early October 2019. This report replaces the performance level information that was previously listed on the MOLTC public website. The public launch of this information on the ministry website is expected for the fall 2019. An updated report will be released on a bi-annual basis in the spring and fall every year. This initiative is part of an effort to provide open and transparent data that furthers the ministry’s commitment to strengthening the LTC system. Outbreaks During the third quarter, there were no outbreaks declared. Public Health Inspection During the third quarter, Kingston, Frontenac, Lennox & Addington (KFL&A) Public Health conducted a routine inspection on August 12 in the main kitchen, serveries and general store. There were no violations. Thank you to the management and staff who work professionally and cooperatively with the public health inspector. The Food Establishment and Restaurant Reports are posted on its website. Strategic Priority Implications Not applicable Financial Implications The financial implications are outstanding for the final phase of the lighting replacement, which was previously communicated in the Council Information Report 2018-083 dated June 20, 2018. Organizations, Departments and Individuals Consulted and/or Affected Fairmount Home staff, residents, volunteers Frontenac County staff
Information Report to Council Fairmount Home – Quarterly Update Report December 18, 2019
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AGENDA ITEM #b)
Report 2019-157 Council Information Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
December 18, 2019
Re:
Corporate Services – 2019 Accessibility for Ontarians with Disabilities (AODA) Compliance Audit
Recommendation This report is for information purposes only. Background As a broader public sector organization with one or more employees, the County of Frontenac is legally required to file a 2019 accessibility compliance report by December 31, 2019. The Accessibility Directorate of Ontario recommends and the minister decides what must be in the report and how to present the information. These reports tell how the person or organization is complying with the standard. The report is a series of Yes or No questions, and organizations can provide additional information regarding their compliance status in a text field below each question. As per Part III, section 15(1) of the Act, someone who is in an official position of authority in the organization must “certify” that the report is accurate. Comment The Manager of Legislative Services/Clerk completed the County’s Compliance report on December 6, 2019. A copy of the Compliance Report is attached to this report as Appendix A. The Compliance Report determines if organizations are compliant under the AODA and its 5 Standards, those being:
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- Customer Service Standard;
- Information and Communication Standard;
- Employment Standard;
- Transportation Standard; and,
- Design of Public Spaces Standard For the most part, the County of Frontenac is in compliance with all 5 Standards with the exception of a portion of the Information and Communication Standard. As noted on question 16 of the Report, the County is not in compliance with all of the applicable requirements for the Information and Communications Standard in effect under the Integrated Accessibility Standards Regulation. This is a result of staff discovering that it is not creating accessible pdf’s. Both the County website and the County’s Civic Web Portal contain pdf documents that are not fully accessible. Director’s Orders and Administrative Penalties The director may follow up with a person or organization that is not in compliance with the AODA requirements and may issue an order to a person or organization. The order may direct the person or organization to provide more information on its implementation of the standard. The director first sends a notice of the order. The person or organization can send the director information about why the director should not issue an order. It should also be noted that the director may also issue an order requiring the payment of an administrative penalty. For example, this may occur if the person or organization has not or will not comply with the Act. The director sets the amount of the administrative penalty; however there is an opportunity for the person or organization to, within 30 days, give a written explanation about why the director should not ask for this penalty. To date, no Notice of Order has been issued by the director although when completing the Compliance Report, staff did note in the comment section that the County is looking to rectify this matter. Staff will work in 2020 to rectify this issue through a number of processes, including staff training on how to create accessible pdf’s and investigating accessibility software solutions that take pdf’s through accessibility checkers to ensure compliance. Should additional funding be required outside of the already presented 2020 budget, staff may come back to Council requesting the use of the Accessibility Reserve to absorb the additional costs. Staff have advised the Joint Frontenac Accessibility Advisory Committee (FAAC) of this non-compliance issue and will continue to keep both Council and the FAAC up to date on this matter as staff move towards bringing the County in compliance.
Information Report to Council Corporate Services – 2019 Accessibility for Ontarians with Disabilities (AODA) Compliance Audit December 18, 2019
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Strategic Priorities Priority 1: Get behind plans that build community vitality and resilience in times of growth and change. This priority responds to high interest as well as concern shared broadly across the County that communities in the Frontenacs be well supported with infrastructure and services essential to vitality and sustainability in today’s world. Financial Implications There are no financial implications associated with this report; however as noted, should additional funding be required outside of the already approved 2020 budget, staff will come back to Council requesting the use of the Accessibility Reserve to absorb the additional costs. Organizations, Departments and Individuals Consulted and/or Affected Susan Brant, Director of Corporate Services/Treasurer Joint Frontenac Accessibility Advisory Committee Accessibility Directorate of Ontario
Information Report to Council Corporate Services – 2019 Accessibility for Ontarians with Disabilities (AODA) Compliance Audit December 18, 2019
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Report 2019-156 Council Information Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Lisa Hirvi, Administrator, Fairmount Home
Date of meeting:
December 18, 2019
Re:
Fairmount Home – CARF Accreditation 2019
Recommendation This report is for information purposes only. Background Fairmount Home’s (Fairmount) accreditation expired January 31, 2019. Fairmount changed its ministry-approved accreditor to CARF Canada (CARF) at which time the management team began preparation for the on-site accreditation survey on November 14 and 15, 2019. The Ministry of Long-Term Care (MOLTC) was notified of the change in accreditation provider to ensure that the Quality Attainment Premium (QAP) funding continued during the transition period, which is a maximum of ten months from the expiry date of the most recent accreditation. The ten month maximum period expired November 30, 2019. Comment On December 3, 2019, Fairmount was notified that CARF accreditation was issued based on the recent survey. Fairmount received the Three-Year Accreditation, which is the maximum duration for accreditation with CARF. The accreditation, as a PersonCentred Long-Term Care Community, is effective November 15, 2019 and will extend through November 30, 2022. CARF’s letter to the Administrator reads, “This achievement is an indication of your organization’s dedication and commitment to improving the quality of the lives of the persons served. Services, personnel and documentation clearly indicate an established pattern of conformance to the standards”.
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The CARF Accreditation Report is attached and is intended to support a continuation of quality improvement for Fairmount’s programs and services. It contains comments on Fairmount’s strengths, consultations and recommendations. The CARF Accreditation Report identifies 13 strengths, seven consultations and four recommendations. Quality Improvement Plans (QIP) will be prepared for the recommendations and submitted within 90 days to ensure accreditation is retained. The following is a summary of the recommendations:
Leadership o Standard 1.A.5.b.(2) – the organization has a cultural competency and diversity plan that addresses many areas, but the plan to address diversity with regard to age is in the early stages. It is recommended that the organization implement a cultural competency and diversity plan that is based on the consideration of age o Standard 1.A.6.a.(6)(b) – Although the written ethical codes of conduct include many areas, it is recommended that the organization’s corporate responsibility efforts include written ethical codes of conduct in the area of service delivery including personal fundraising
Health and Safety o Standard 1.H.7.b. – the organization does evacuate a wing annually as per the requirements of the fire department, but it has never tested its ability to evacuate the entire building, which can be much more complex than just emptying a wing. In addition, it has only thought of evacuation in relation to fire, not what it would do if there was another type of situation such as a gas leak, natural disaster, or situation in an adjacent building that required it to evacuate. Although the organization does practice annually the evacuation of a wing, it is recommended that an unannounced test of each emergency procedure include, as relevant to the emergency procedure, a complete actual or simulated physical evacuation drill
Congregate Residential Program o Standard 2.B.8.c. – Fairmount Home’s policy does address pets and service animals that come with staff members, family members and volunteers, but does not address residents having or needing service animals. Policies addressing service animals should be implemented
The CARF Benchmarking Data report for Fairmount is also attached. The report benchmarks Fairmount’s conformance to the standards. The report provides benchmarks (mean % of conformance) for each section of the quality framework. Fairmount’s percent of conformance was no less than 98% in each section. Thank you to Fairmount and County staff for their continued dedication to quality improvement, which was evident in the accreditation survey and results.
Information Report to Council Fairmount Home – CARF Accreditation 2019 December 18, 2019
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Strategic Priority Implications Other Important and Continuing County Priorities: Continually improve customer and financial services Financial Implications The MOLTC was notified of the accreditation award, so the QAP funding will continue without interruption. Currently, the QAP funding is $0.36 per approved bed per day, which is $16,819 per annum. Organizations, Departments and Individuals Consulted and/or Affected CARF Canada Fairmount residents, staff, volunteers, family members, community partners County of Frontenac staff
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CARF Accreditation Report for Fairmount Home - Frontenac County
Three-Year Accreditation
CARF Canada 501-10154 104 Street NW Edmonton, AB T5J 1A7, Canada A member of the CARF International group of companies
CARF International Headquarters 6951 E. Southpoint Road Tucson, AZ 85756-9407, USA
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Contents Executive Summary Survey Details Survey Participants Survey Activities Program(s)/Service(s) Surveyed Representations and Constraints Survey Findings Program(s)/Service(s) by Location
About CARF CARF is an independent, non-profit accreditor of health and human services, enhancing the lives of persons served worldwide. The accreditation process applies CARF’s internationally recognized standards during an on-site survey conducted by peer surveyors. Accreditation, however, is an ongoing process that distinguishes a provider’s service delivery and signals to the public that the provider is committed to continuous performance improvement, responsive to feedback, and accountable to the community and its other stakeholders. CARF accreditation promotes providers’ demonstration of value and Quality Across the Lifespan® of millions of persons served through application of rigorous organizational and program standards organized around the ASPIRE to Excellence® continuous quality improvement framework. CARF accreditation has been the recognized benchmark of quality health and human services for more than 50 years. For more information or to contact CARF, please visit www.carf.org/contact-us.
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Organization Fairmount Home - Frontenac County 2069 Battersea Road Glenburnie ON K0H 1S0 CANADA Organizational Leadership Emily Shoniker, Director of Resident Care (DOC) Kelly J. Pender, Chief Administrative Officer Lisa Hirvi, Administrator Survey Number 123964 Survey Date(s) November 14, 2019–November 15, 2019 Surveyor(s) Linda Adamson, MPA, Administrative Matthew Bombardier, Program Program(s)/Service(s) Surveyed Person-Centred Long-Term Care Community
Accreditation Decision Three-Year Accreditation Expiration: November 30, 2022
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Executive Summary This report contains the findings of CARF’s on-site survey of Fairmount Home - Frontenac County conducted November 14, 2019–November 15, 2019. This report includes the following information: Documentation of the accreditation decision and the basis for the decision as determined by CARF’s consideration of the survey findings. Identification of the specific program(s)/service(s) and location(s) to which this accreditation decision applies. Identification of the CARF surveyor(s) who conducted the survey and an overview of the CARF survey process and how conformance to the standards was determined. Feedback on the organization’s strengths and recognition of any areas where the organization demonstrated exemplary conformance to the standards. Documentation of the specific sections of the CARF standards that were applied on the survey. Recommendations for improvement in any areas where the organization did not meet the minimum requirements to demonstrate full conformance to the standards. Any consultative suggestions documented by the surveyor(s) to help the organization improve its program(s)/service(s) and business operations.
Accreditation Decision On balance, Fairmount Home - Frontenac County demonstrated substantial conformance to the standards. Fairmount Home - Frontenac County has effectively demonstrated a commitment to using the CARF standards to the benefit of the persons served, families, staff members, and volunteers. Persons served, family members, and personnel have expressed high levels of satisfaction with the organization. The organization has demonstrated its ability to grow and adapt to the changing environment. The organization has achieved positive outcomes, demonstrates a commitment to ongoing quality improvement, and appears to have the commitment and resources to address the opportunities for improvement noted in this accreditation report. The organization is encouraged to continue to use the CARF standards to further enhance the provision of its services. Fairmount Home - Frontenac County appears likely to maintain and/or improve its current method of operation and demonstrates a commitment to ongoing quality improvement. Fairmount Home - Frontenac County is required to submit a post-survey Quality Improvement Plan (QIP) to CARF that addresses all recommendations identified in this report. Fairmount Home - Frontenac County has earned a Three-Year Accreditation. The leadership team and staff are complimented and congratulated for this achievement. In order to maintain this accreditation, throughout the term of accreditation, the organization is required to: Submit annual reporting documents and other required information to CARF, as detailed in the Accreditation Policies and Procedures section in the standards manual. Maintain ongoing conformance to CARF’s standards, satisfy all accreditation conditions, and comply with all accreditation policies and procedures, as they are published and made effective by CARF.
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Survey Details Survey Participants The survey of Fairmount Home - Frontenac County was conducted by the following CARF surveyor(s): Linda Adamson, MPA, Administrative Matthew Bombardier, Program CARF considers the involvement of persons served to be vital to the survey process. As part of the accreditation survey for all organizations, CARF surveyors interact with and conduct direct, confidential interviews with consenting current and former persons served in the program(s)/service(s) for which the organization is seeking accreditation. In addition, as applicable and available, interviews may be conducted with family members and/or representatives of the persons served such as guardians, advocates, or members of their support system. Interviews are also conducted with individuals associated with the organization, as applicable, which may include: The organization’s leadership, such as board members, executives, owners, and managers. Business unit resources, such as finance and human resources. Personnel who serve and directly interact with persons served in the program(s)/service(s) for which the organization is seeking accreditation. Other stakeholders, such as referral sources, payers, insurers, and fiscal intermediaries. Community constituents and governmental representatives.
Survey Activities Achieving CARF accreditation involves demonstrating conformance to the applicable CARF standards, evidenced through observable practices, verifiable results over time, and comprehensive supporting documentation. The survey of Fairmount Home - Frontenac County and its program(s)/service(s) consisted of the following activities: Confidential interviews and direct interactions, as outlined in the previous section. Direct observation of the organization’s operations and service delivery practices. Observation of the organization’s location(s) where services are delivered. Review of organizational documents, which may include policies; plans; written procedures; promotional materials; governing documents, such as articles of incorporation and bylaws; financial statements; and other documents necessary to determine conformance to standards. Review of documents related to program/service design, delivery, outcomes, and improvement, such as program descriptions, records of services provided, documentation of reviews of program resources and services conducted, and program evaluations. Review of records of current and former persons served.
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Program(s)/Service(s) Surveyed The survey addressed by this report is specific to the following program(s)/service(s): Person-Centred Long-Term Care Community A list of the organization’s accredited program(s)/service(s) by location is included at the end of this report.
Representations and Constraints The accreditation decision and survey findings contained in this report are based on an on-balance consideration of the information obtained by the surveyor(s) during the on-site survey. Any information that was unavailable, not presented, or outside the scope of the survey was not considered and, had it been considered, may have affected the contents of this report. If at any time CARF subsequently learns or has reason to believe that the organization did not participate in the accreditation process in good faith or that any information presented was not accurate, truthful, or complete, CARF may modify the accreditation decision, up to and including revocation of accreditation.
Survey Findings This report provides a summary of the organization’s strengths and identifies the sections of the CARF standards that were applied on the survey and the findings in each area. In conjunction with its evaluation of conformance to the specific program/service standards, CARF assessed conformance to its business practice standards, referred to as Section 1. ASPIRE to Excellence, which are designed to support the delivery of the program(s)/service(s) within a sound business operating framework to promote long-term success. The specific standards applied from each section vary based on a variety of factors, including, but not limited to, the scope(s) of the program(s)/service(s), population(s) served, location(s), methods of service delivery, and survey type. Information about the specific standards applied on each survey is included in the standards manual and other instructions that may be provided by CARF.
Areas of Strength CARF found that Fairmount Home - Frontenac County demonstrated the following strengths: Fairmount Home - Frontenac County has a clean, warm, and inviting atmosphere. There is a family culture in the home between personnel, residents, and family members. The small size of this community encourages everyone to build meaningful, trusting relationships. The residents at Fairmount Home - Frontenac County are able to enjoy a large greenhouse that offers a number of great activities and the opportunity to work in the garden all year long. The residents and family members alike express high satisfaction with care and services. They are especially comfortable relating concerns and suggestions to the leadership and staff members, which they describe as approachable, supportive, and kind. The GENTLECARE® Philosophy provides an exceptional resident-centred quality care experience. It empowers residents to make individual choices and creates flexibility in the residents’ day.
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The palliative and end-of-life care honours requests made by families and residents. The organization has created a “walk of honour” for residents who have passed by placing a butterfly on the resident’s door. The organization also celebrates the lives of residents annually with a butterfly release, exemplifying the culture of respect demonstrated at Fairmount Home - Frontenac County. The dietary department is praised by persons served for the delicious menu choices and flexible meal times. Fairmount Home - Frontenac County’s commitment to improving services for residents living with dementia is commended. The team is currently in the process of moving toward the “Butterfly Model” of care. Fairmount Home - Frontenac County is a clean and well-maintained building with a welcoming and bright décor. There is evidence of an ongoing commitment to maintain and enhance the physical space. There is access to outdoor areas, including walking trails and a secure garden area for use by residents, families, and staff members in good weather. This access to the outdoors is greatly appreciated by residents and staff members alike. The organization is well integrated into the wider community. There is support and interaction with local schools, the nearby colleges and university, service clubs, churches, and other community agencies. The auditorium of Fairmount Home - Frontenac County is also used by the wider community as a gathering place. The home is located adjacent to the county administration building, which has facilitated a strong working relationship with county officials. Fairmount Home - Frontenac County is affected by the province-wide challenges in recruiting and retaining qualified staff members in a number of job classifications. These challenges are expected to continue in the foreseeable future. However, working with the County Human Resources Department, the organization is actively pursuing novel and creative ways to address these challenges, including exploring partnerships with local employment organizations and educational facilities. These plans focus on meeting future needs and addressing the current situation. Fairmount Home - Frontenac County is also working with the county to enhance staffing as funds allow. Fairmount Home - Frontenac County’s culture appears to be committed to quality improvement. The various teams collect data and use them to drive improvements. The organization uses lean processes for quality improvement and a number of staff members, including frontline staff members, are trained as facilitators in this methodology. The application of lean ideas in healthcare facilities minimizes waste in every process, procedure, and task through an ongoing system of improvement. Recent quality improvement projects have included the introduction of automated staff scheduling and call-outs, improved communication of employee payroll and benefit changes, a more focused and sustainable attendance management system, enhancements to the Gentle Care program, and enhancements to the palliative care program. The organization has adopted a Just Culture approach that reviews incidents from a systems viewpoint to identify process factors that might have contributed to the situation. This practice improves safety and engages and supports staff members in living out the values of the organization. Fairmount Home - Frontenac County seeks out and responds to input from the residents and staff members. In response to a recent resident survey, the organization instituted a Civility Training program to improve communication between staff members and residents. Staff members believe that this has been very helpful. The program has now been implemented in other county departments.
Opportunities for Quality Improvement The CARF survey process identifies opportunities for continuous improvement, a core concept of “aspiring to excellence.” This section of the report lists the sections of the CARF standards that were applied on the survey, including a description of the business practice area and/or the specific program(s)/service(s) surveyed and a summary of the key areas addressed in that section of the standards.
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In this section of the report, a recommendation identifies any standard for which CARF determined that the organization did not meet the minimum requirements to demonstrate full conformance. All recommendations must be addressed in a QIP submitted to CARF. In addition, consultation may be provided for areas of or specific standards where the surveyor(s) documented suggestions that the organization may consider to improve its business or service delivery practices. Note that consultation may be offered for areas of specific standards that do not have any recommendations. Such consultation does not indicate non-conformance to the standards; it is intended to offer ideas that the organization might find helpful in its ongoing quality improvement efforts. The organization is not required to address consultation. When CARF surveyors visit an organization, their role is that of independent peer reviewers, and their goal is not only to gather and assess information to determine conformance to the standards, but also to engage in relevant and meaningful consultative dialogue. Not all consultation or suggestions discussed during the survey are noted in this report. The organization is encouraged to review any notes made during the survey and consider the consultation or suggestions that were discussed. During the process of preparing for a CARF accreditation survey, an organization may conduct a detailed selfassessment and engage in deliberations and discussions within the organization as well as with external stakeholders as it considers ways to implement and use the standards to guide its quality improvement efforts. The organization is encouraged to review these discussions and deliberations as it considers ways to implement innovative changes and further advance its business and service delivery practices.
Section 1. ASPIRE to Excellence® 1.A. Leadership Description CARF-accredited organizations identify leadership that embraces the values of accountability and responsibility to the individual organization’s stated mission. The leadership demonstrates corporate social responsibility. Key Areas Addressed ■ Leadership structure and responsibilities ■ Person-centered philosophy ■ Organizational guidance ■ Leadership accessibility ■ Cultural competency and diversity ■ Corporate responsibility ■ Organizational fundraising, if applicable Recommendations 1.A.5.b.(2) The organization has a cultural competency and diversity plan that addresses many areas, but the plan to address diversity with regard to age is in the early stages. It is recommended that the organization implement a cultural competency and diversity plan that is based on the consideration of age. 1.A.6.a.(6)(b) Although the written ethical codes of conduct include many areas, it is recommended that the organization’s corporate responsibility efforts include written ethical codes of conduct in the area of service delivery, including personal fundraising.
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1.C. Strategic Planning Description CARF-accredited organizations establish a foundation for success through strategic planning focused on taking advantage of strengths and opportunities and addressing weaknesses and threats. Key Areas Addressed ■ Environmental considerations ■ Strategic plan development, implementation, and periodic review Recommendations There are no recommendations in this area.
1.D. Input from Persons Served and Other Stakeholders Description CARF-accredited organizations continually focus on the expectations of the persons served and other stakeholders. The standards in this subsection direct the organization’s focus to soliciting, collecting, analyzing, and using input from all stakeholders to create services that meet or exceed the expectations of the persons served, the community, and other stakeholders. Key Areas Addressed ■ Collection of input ■ Integration of input into business practices and planning Recommendations There are no recommendations in this area.
1.E. Legal Requirements Description CARF-accredited organizations comply with all legal and regulatory requirements. Key Areas Addressed ■ Compliance with obligations ■ Response to legal action ■ Confidentiality and security of records Recommendations There are no recommendations in this area.
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1.F. Financial Planning and Management Description CARF-accredited organizations strive to be financially responsible and solvent, conducting fiscal management in a manner that supports their mission, values, and performance objectives. Fiscal practices adhere to established accounting principles and business practices. Fiscal management covers daily operational cost management and incorporates plans for long-term solvency. Key Areas Addressed ■ Budgets ■ Review of financial results and relevant factors ■ Fiscal policies and procedures ■ Reviews of bills for services and fee structures, if applicable ■ Safeguarding funds of persons served, if applicable ■ Review/audit of financial statements Recommendations There are no recommendations in this area.
1.G. Risk Management Description CARF-accredited organizations engage in a coordinated set of activities designed to control threats to their people, property, income, goodwill, and ability to accomplish goals. Key Areas Addressed ■ Risk management plan implementation and periodic review ■ Adequate insurance coverage ■ Media relations and social media procedures ■ Reviews of contract services Recommendations There are no recommendations in this area.
1.H. Health and Safety Description CARF-accredited organizations maintain healthy, safe, and clean environments that support quality services and minimize risk of harm to persons served, personnel, and other stakeholders. Key Areas Addressed ■ Competency-based training on safety procedures and practices ■ Emergency procedures ■ Access to first aid and emergency information ■ Critical incidents ■ Infection control ■ Health and safety inspections
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Recommendations 1.H.7.b. The organization does evacuate a wing annually as per the requirement of the fire department, but it has never tested its ability to evacuate the entire building, which can be much more complex than just emptying a wing. In addition, it has only thought of evacuation in relation to fire, not what it would do if there was another type of situation, such as a gas leak, natural disaster, or situation in an adjacent building that required it to evacuate. Although the organization does practice annually the evacuation of a wing, it is recommended that an unannounced test of each emergency procedure include, as relevant to the emergency procedure, a complete actual or simulated physical evacuation drill. Consultation Although the organization has practiced the response to natural disasters in conjunction with the county and the procedures are documented, it is suggested that the organization-specific emergency plan also include information on natural disasters.
1.I. Workforce Development and Management Description CARF-accredited organizations demonstrate that they value their human resources and focus on aligning and linking human resources processes, procedures, and initiatives with the strategic objectives of the organization. Organizational effectiveness depends on the organization’s ability to develop and manage the knowledge, skills, abilities, and behavioural expectations of its workforce. The organization describes its workforce, which is often composed of a diverse blend of human resources. Effective workforce development and management promote engagement and organizational sustainability and foster an environment that promotes the provision of services that centre on enhancing the lives of persons served. Key Areas Addressed ■ Composition of workforce ■ Ongoing workforce planning ■ Verification of background/credentials/fitness for duty ■ Workforce engagement and development ■ Performance appraisals ■ Succession planning Recommendations There are no recommendations in this area.
1.J. Technology Description CARF-accredited organizations plan for the use of technology to support and advance effective and efficient service and business practices. Key Areas Addressed ■ Ongoing assessment of technology and data use ■ Technology and system plan implementation and periodic review ■ Technology policies and procedures
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■ Written procedures for the use of information and communication technologies (ICT) in service delivery, if applicable ■ ICT instruction and training, if applicable ■ Access to ICT information and assistance, if applicable ■ Maintenance of ICT equipment, if applicable ■ Emergency procedures that address unique aspects of service delivery via ICT, if applicable Recommendations There are no recommendations in this area.
1.K. Rights of Persons Served Description CARF-accredited organizations protect and promote the rights of all persons served. This commitment guides the delivery of services and ongoing interactions with the persons served. Key Areas Addressed ■ Policies that promote rights of persons served ■ Communication of rights to persons served ■ Formal complaints by persons served Recommendations There are no recommendations in this area.
1.L. Accessibility Description CARF-accredited organizations promote accessibility and the removal of barriers for the persons served and other stakeholders. Key Areas Addressed ■ Assessment of accessibility needs and identification of barriers ■ Accessibility plan implementation and periodic review ■ Requests for reasonable accommodations Recommendations There are no recommendations in this area. Consultation Although Fairmount Home - Frontenac County uses the framework set out by the County of Frontenac for identifying and addressing accessibility issues, the organization may find it helpful to document those actions that pertain specifically to the organization.
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1.M. Performance Measurement and Management Description CARF-accredited organizations are committed to continually improving their organizations and service delivery to the persons served. Data are collected and analyzed, and information is used to manage and improve service delivery. Key Areas Addressed ■ Data collection ■ Establishment and measurement of performance indicators Recommendations There are no recommendations in this area.
1.N. Performance Improvement Description The dynamic nature of continuous improvement in a CARF-accredited organization sets it apart from other organizations providing similar services. CARF-accredited organizations share and provide the persons served and other interested stakeholders with ongoing information about their actual performance as a business entity and their ability to achieve optimal outcomes for the persons served through their programs and services. Key Areas Addressed ■ Analysis of performance indicators in relation to performance targets ■ Use of performance analysis for quality improvement and organizational decision making ■ Communication of performance information Recommendations There are no recommendations in this area.
Section 2. Care Process for the Persons Served 2.A. Program/Service Structure Key Areas Addressed ■ Scope of the program ■ Entry, transition, exit criteria of the program ■ Composition of the service delivery team ■ Service delivery team communication ■ Person-centered planning ■ Provision of services to persons served ■ Partnering with families/support systems ■ Practices for serving individuals with dementia ■ Skin integrity and wound care
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AGENDA ITEM #c)
Recommendations There are no recommendations in this area. Consultation Fairmount Home - Frontenac County has full-time employees who are dedicated to the organization. It may wish to consider having part-time employees shadow full-time employees, which may assist in consistency in care for residents.
2.B. Congregate Residential Program Key Areas Addressed ■ Service delivery planning in a congregate residential program ■ Medication management/assistance ■ Contracting for outside services ■ Safety and security of the living environment ■ Procedures for medications and controlled substances Recommendations 2.B.8.c. Fairmount Home - Frontenac County’s policy does address pets and service animals that come with staff members, family members, and volunteers, but does not address residents having or needing service animals. Policies addressing service animals should be implemented. Consultation The organization may wish to consider purchasing dining furniture that supports individual resident needs. For example, tables with individual height adjustments or tables that promote more resident-centred feeding assistance.
Section 3. Program Specific Standards 3.C. Person-Centred Long-Term Care Community Description Person-centred long-term care communities, such as nursing homes or long-term care homes, may include freestanding homes, homes that are part of continuums of care, or homes that are part of health systems. Personcentred long-term care communities are residential programs that provide nursing and other services 24 hours a day, 7 days a week. Programs may offer long-term services, short-term services, or both to address a variety of needs. Person-centred long-term care communities foster a holistic culture that focuses on: ■ Autonomy, dignity, and individual choice of the persons served. ■ Relationships among persons served, families/support systems, and personnel. ■ Understanding what services persons served want, how the services should be delivered, and how the persons served can be engaged in the community. ■ Persons served making decisions about the rhythm of their day, the services provided to them, and the issues that are important to them.
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■ Cultural competence, flexibility, and safety and security of the community. Persons served are the experts regarding life in their home. Their voices are heard and their life stories, wishes, and needs drive service delivery. Persons served and personnel celebrate the cycles of life and connect to the local community to continue relationships that nurture the quality of everyday life. ■ Leadership commits to continuous learning and growth, teamwork, empowerment, responsiveness, and spontaneity. A person-centred long-term care community is a place where persons served want to live, people want to work, and both choose to stay. Key Areas Addressed ■ Person-centred philosophy ■ Arrangements for specific services ■ Reducing risks for persons served ■ Promoting choices of persons served ■ Responding to individual needs of persons served ■ Nursing services ■ Medical management and physician involvement ■ Performance measurement regarding long-term care topics ■ Palliative care ■ End-of-life care Recommendations There are no recommendations in this area. Consultation The organization is encouraged to further continue developing person-centred care by adopting and integrating person-centred language into daily operations and avoiding institutional terms such as “units” and “nursing stations.” The organization may wish to consider adding a mechanism to review the medical director’s responsibilities on an annual basis. The organization is encouraged to condense emergency information to promote ease of transportation.
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AGENDA ITEM #c)
Program(s)/Service(s) by Location Fairmount Home - Frontenac County 2069 Battersea Road Glenburnie ON K0H 1S0 CANADA Person-Centred Long-Term Care Community
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AGENDA ITEM #c)
CARF Benchmarking Data for Fairmount Home - Frontenac County
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AGENDA ITEM #c)
Organization Fairmount Home - Frontenac County 2069 Battersea Road Glenburnie ON K0H 1S0 CANADA Survey Date(s) November 14, 2019-November 15, 2019 Program(s)/Service(s) Surveyed Person-Centred Long-Term Care Community
Accreditation Decision Three-Year Accreditation
CARF Benchmarking Data
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AGENDA ITEM #c)
Benchmarking This document benchmarks your organization’s conformance to standards. By comparing strengths and areas for improvement with various comparator groups, benchmarking encourages your organization to improve effectiveness, efficiency, satisfaction, and access. This information should also stimulate discussions among stakeholders focused on better meeting the needs and preferences of the persons served. In addition, benchmarking:
Encourages a culture of continuous evaluation and improvement. Accelerates understanding of and agreement on areas for improvement. Helps prioritize improvement opportunities. Shifts internal thinking toward a focus on outcomes. Provides a reference to increase performance expectations. Motivates your team to work collaboratively to surpass benchmarks.
This report provides benchmarks (mean % of conformance) for each section of the ASPIRE to Excellence® quality framework. *
When available, benchmark comparison groups include:
All surveyed organizations. All surveyed organizations in the same primary CARF customer service unit. Surveyed organizations with the same ownership type. Surveyed organizations in the same geographic region. Surveyed organizations with similar number of persons served annually. Surveyed organizations with similar staff size.
In addition, standards conformance for each organization undergoing resurvey is benchmarked against its previous survey in all standards areas. When multiple locations are included on one survey, the benchmarks reflect the combined conformance to standards of all the locations that were surveyed.
Benchmark Comparison Groups Primary area of accreditation: Aging Services Ownership type: Government Entity Geographic region: Ontario Staff size (FTEs): 100–499 Persons served annually: 100–499
Excluding Governance.
CARF Benchmarking Data
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AGENDA ITEM #c)
All surveyed organizations
Leadership
A: Assess the Environment
Fairmount Home Frontenac County
98.0%
CARF Three-Year Accreditation
97.6%
CARF One-Year Accreditation
84.8%
Nonaccreditation
68.5%
0%
20%
40%
60%
80%
100%
% of Conformance
Strategic Planning
S: Set Strategy
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
98.4%
CARF One-Year Accreditation
79.8%
Nonaccreditation
44.7%
0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
All surveyed organizations — continued
Input from Stakeholders
P: Persons Served and Other Stakeholders - Obtain Input
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
99.8%
CARF One-Year Accreditation
83.0%
Nonaccreditation
42.9% 0%
20%
40%
60%
80%
100%
% of Conformance
Legal Requirements
I: Implement the Plan
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
99.7%
CARF One-Year Accreditation
95.0%
Nonaccreditation
88.0% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
All surveyed organizations — continued
Financial Planning and Management
I: Implement the Plan
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
99.3%
CARF One-Year Accreditation
90.1%
Nonaccreditation
62.8% 0%
20%
40%
60%
80%
100%
% of Conformance
Risk Management
I: Implement the Plan
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
97.9%
CARF One-Year Accreditation
80.4%
Nonaccreditation
65.1% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
All surveyed organizations — continued
Health and Safety
I: Implement the Plan
Fairmount Home Frontenac County
99.5%
CARF Three-Year Accreditation
96.2%
CARF One-Year Accreditation
82.2%
Nonaccreditation
65.2% 0%
20%
40%
60%
80%
100%
% of Conformance
Workforce Development and Management
I: Implement the Plan
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
97.4%
CARF One-Year Accreditation
87.0%
Nonaccreditation
72.1% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
All surveyed organizations — continued
Technology
I: Implement the Plan
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
99.2%
CARF One-Year Accreditation
82.1%
Nonaccreditation
47.0% 0%
20%
40%
60%
80%
100%
% of Conformance
Rights of Persons Served
I: Implement the Plan
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
98.8%
CARF One-Year Accreditation
92.8%
Nonaccreditation
80.1% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
All surveyed organizations — continued
Accessibility
I: Implement the Plan
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
97.4%
CARF One-Year Accreditation
74.9%
Nonaccreditation
51.7% 0%
20%
40%
60%
80%
100%
% of Conformance
Performance Measurement and Management
R: Review Results
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
97.1%
CARF One-Year Accreditation
65.5%
Nonaccreditation
CARF Benchmarking Data
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35.6% 0%
20%
40%
60%
80%
100%
% of Conformance
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AGENDA ITEM #c)
All surveyed organizations — continued
Performance Improvement
E: Effect Change
Fairmount Home Frontenac County
100.0%
CARF Three-Year Accreditation
90.1%
CARF One-Year Accreditation
30.8%
Nonaccreditation
14.9% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
Other benchmarks
A: Assess the Environment 98.0%
Aging Services
97.6%
Government Entity
97.6%
Ontario
96.5%
100 to 499 FTEs
97.4%
100 to 499 Persons Served
97.0%
Leadership
Fairmount Home Frontenac County
0%
20%
40%
60%
80%
100%
% of Conformance
S: Set Strategy
Strategic Planning
Fairmount Home Frontenac County
100.0%
Aging Services
97.9%
Government Entity
98.7%
Ontario
98.1%
100 to 499 FTEs
98.8%
100 to 499 Persons Served
97.9% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
Other benchmarks — continued
Input from Stakeholders
P: Persons Served and Other Stakeholders - Obtain Input Fairmount Home Frontenac County
100.0%
Aging Services
100.0%
Government Entity
99.9%
Ontario
100.0%
100 to 499 FTEs
99.8%
100 to 499 Persons Served
99.4% 0%
20%
40%
60%
80%
100%
% of Conformance
I: Implement the Plan 100.0%
Aging Services
99.8%
Government Entity
99.8%
Ontario
100.0%
100 to 499 FTEs
99.8%
100 to 499 Persons Served
99.6%
Legal Requirements
Fairmount Home Frontenac County
0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
Other benchmarks — continued
I: Implement the Plan
Financial Planning and Management
Fairmount Home Frontenac County
100.0%
Aging Services
99.2%
Government Entity
99.7%
Ontario
99.8%
100 to 499 FTEs
99.4%
100 to 499 Persons Served
99.2% 0%
20%
40%
60%
80%
100%
% of Conformance
I: Implement the Plan
Risk Management
Fairmount Home Frontenac County
100.0%
Aging Services
98.6%
Government Entity
97.2%
Ontario
97.1%
100 to 499 FTEs
97.7%
100 to 499 Persons Served
97.4% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
Other benchmarks — continued
I: Implement the Plan
Health and Safety
Fairmount Home Frontenac County
99.5%
Aging Services
95.9%
Government Entity
96.7%
Ontario
96.9%
100 to 499 FTEs
96.0%
100 to 499 Persons Served
95.6% 0%
20%
40%
60%
80%
100%
% of Conformance
Workforce Development and Management
I: Implement the Plan Fairmount Home Frontenac County
100.0%
Aging Services
97.4%
Government Entity
98.1%
Ontario
98.1%
100 to 499 FTEs
97.6%
100 to 499 Persons Served
96.9% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
Other benchmarks — continued
I: Implement the Plan Fairmount Home Frontenac County
100.0%
97.5%
Government Entity
99.1%
Ontario
98.6%
100 to 499 FTEs
99.2%
100 to 499 Persons Served
98.9%
Technology
Aging Services
0%
20%
40%
60%
80%
100%
% of Conformance
Rights of Persons Served
I: Implement the Plan Fairmount Home Frontenac County
100.0%
Aging Services
98.2%
Government Entity
98.8%
Ontario
98.9%
100 to 499 FTEs
98.3%
100 to 499 Persons Served
98.6% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
Other benchmarks — continued
I: Implement the Plan Fairmount Home Frontenac County
100.0%
97.0%
Government Entity
97.2%
Ontario
98.1%
100 to 499 FTEs
97.3%
100 to 499 Persons Served
97.1%
Accesibility
Aging Services
0%
20%
40%
60%
80%
100%
% of Conformance
Performance Measurement and Management
R: Review Results Fairmount Home Frontenac County
100.0%
Aging Services
99.3%
Government Entity
97.1%
Ontario
100.0%
100 to 499 FTEs
96.9%
100 to 499 Persons Served
96.5% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #c)
Other benchmarks — continued
Performance Improvement
E: Effect Change Fairmount Home Frontenac County
100.0%
Aging Services
96.9%
Government Entity
88.7%
Ontario
98.3%
100 to 499 FTEs
90.9%
100 to 499 Persons Served
88.8% 0%
20%
40%
60%
80%
100%
% of Conformance
CARF Benchmarking Data
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AGENDA ITEM #a)
Committee Report To:
Warden and Council Members of the County of Frontenac
From:
Jannette Amini, Manager of Economic Legislative Services/Clerk
Date of meeting:
December 18, 2019
Re:
Frontenac Accessibility Advisory Committee – Report to Council
All items listed on the Frontenac Accessibility Advisory Committee Report shall be the subject of one motion. Any member of County Council may ask for any item(s) included in the Frontenac Accessibility Advisory Committee Report to be separated from that motion and considered separately, whereupon the Frontenac Accessibility Advisory Committee Report without the separated item(s) shall be put to the vote and the separated item(s) shall be considered immediately thereafter. The Frontenac Accessibility Advisory Committee reports and recommends as follows: 1.
2019-147 Frontenac Accessibility Advisory Committee Joint Accessibility Plan Annual Status Report Be It Resolved That the Frontenac Accessibility Advisory Committee – Joint Accessibility Plan Annual Status report be received; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3), that a copy of this Annual Status Report, as amended, be posted to the County of Frontenac Website; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3.1) and (3.2), that a copy of this Annual Status Report be forwarded to the Frontenac Lower Tiers for posting on their respective websites.
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AGENDA ITEM #a)
Report 2019-147 Committee Report To:
Chair and Members of the Frontenac Accessibility Advisory Committee
From:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting: December 3, 2019 Re:
Frontenac Accessibility Advisory Committee – Joint Accessibility Plan Annual Status Report
Recommendation Be It Resolved That the Frontenac Accessibility Advisory Committee – Joint Accessibility Plan Annual Status report be received; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3), that a copy of this Annual Status Report be posted to the County of Frontenac Website; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3.1) and (3.2), that a copy of this Annual Status Report be forwarded to the Frontenac Lower Tiers for posting on their respective websites. Background Ontario Regulation 191/11: Integrated Accessibility Standards Section 4(1) requires designated public sector organizations to establish, implement, maintain and document a multi-year accessibility plan, which outlines the organization’s strategy to prevent and remove barriers and meet its requirements under this Regulation. In addition, Section 4(3) requires those same designated public sector organizations to prepare an annual status report on the progress of measures taken to implement the strategies of the multi-year accessibility plan and to post the status report on their website. An upper-tier municipality and any lower-tier municipalities that form part of it for municipal purposes may prepare a joint accessibility plan and a joint annual status report. A joint accessibility plan and a joint annual status report prepared in accordance with subsection (3.1) are deemed to be the accessibility plan and annual status report of each municipality to which they apply.
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AGENDA ITEM #a)
Comment In 2017, the Frontenac Accessibility Advisory Committee recommended to Council the approval of the 2018-2022 Multi-Year Accessibility Plan. The Plan included a number of significant changes, including introductions to all member municipalities, the addition of two Appendices, Appendix A identifying accomplishments to date and Appendix B Accessibility Strategic Action Plan for each of the member municipalities. The inclusion of these Appendices helped to create a Multi-year plan that is a living document, which moving forward, were to be reported on and updated annually to track the status of projects as well as add new projects as they are identified. Significant achievements have been seen in 2019 by all of the Frontenacs in part by the significant work and direction of the Joint Frontenac Accessibility Advisory Committee. Composition of the Committee: The committee is comprised of 7 members, the majority of who must have a disability, and who hold office from the date of their appointments to the end of the term of Council. The FAAC is comprised of a very dedicated group of individuals, all of whom are interested in making the County more accessible to all who live, work, play or visit here. The below chart identifies the current membership of the FAAC: MEMBER
TOWNSHIP
Neil Allen, Chair
Township of South Frontenac
Margaret Knott, Vice Chair
Township of Frontenac Islands
Kurt Halliday
Township of Central Frontenac
Ed Schlievert
Township of North Frontenac
David Yerxa
Community Member at Large
Bill MacDonald
County Councillor/Corporate Services Council Liaison
Gerry Martin
County Councillor
The Warden is also Ex-Officio of the committee and the committee is supported administratively by Jannette Amini, Manager of Legislative Services/Clerk. FAAC Agendas and Minutes FAAC meeting agendas and minutes are posted on the County’s web site and may be viewed on the Civic Web Portal which houses all Council and Advisory Committee Agendas and Minutes. The FAAC is also supported by an Accessibility page on the County’s website. Frontenac Accessibility Advisory Committee – Quarterly Update Report – Q3 & 4 December 3, 2019
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AGENDA ITEM #a)
Committee Activities Over the last year, the committee met regularly. Key activities over the last several months and upcoming initiatives include:
Calling for and receiving nominations for the Celebrating Accessibility Award which is an award that honours, once per year, a person, group or organization that has made a significant contribution towards improving access for persons with disabilities in their respective communities. The award is presented each year at the annual Warden’s Reception with the recipient receiving a certificate as well as their name being recognized on a multi plated plaque for perpetual recognition of the annual Accessibility Award; Provided input and recommendations on the County of Frontenac Regional Active Transportation Plan and Edging along the K&P Trail ; Received quarterly updates on the County’s K&P Trail, including providing input to staff on accessibility requirements/enhancements of the trail Provided input and recommendations on accessible transportation in the County of Frontenac; Provided assistance and guidance to local businesses, specifically around barrier free access to older buildings. Participated in the process of developing the Marysville Secondary Plan, a focal point of Wolfe Island, specifically for tourism which is expected to increase with the new ferry.
The FAAC is always pleased to review any plans and/or proposals and provide comments regarding accessibility to the Township that have any building or renovation projects, upgrades/changes to municipal parks, sidewalks, etc. planned. The committee can also provide accessibility audits on facilities which can assist in budget planning. Together we can continue to remove barriers in order that the County as a whole becomes more accessible for everyone. Accessibility Policies and Plan for the Frontenacs The 2018-2022 accessibility policies and plan outlines the policies and actions that the Frontenacs will put in place to improve opportunities for people with disabilities. The Frontenacs are committed to treating all people in a way that allows them to maintain their dignity and independence. Through accessibility planning and with the advice of the Frontenac Joint Accessibility Advisory Committee, the Frontenacs have continued in 2019 to strategically identify, remove and prevent as many barriers to persons with disabilities as possible, as noted in Appendix A to this report. Accessible Emergency Information The Frontenacs are committed to providing our customers and clients with publicly available emergency information in an accessible way upon request. There were no requests made for this information in an accessible format in 2019.
Frontenac Accessibility Advisory Committee – Quarterly Update Report – Q3 & 4 December 3, 2019
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AGENDA ITEM #a)
Training The Frontenacs ensured, as part of the onboarding process, that all new employees, volunteers and other staff members were trained in 2019 on Ontario’s accessibility laws and on the Human Rights Code as it relates to people with disabilities. Training was provided in a way that best suited the duties of employee, volunteer and other staff members. In addition, Accessible Document Training was provided to Administrative and Planning staff for the County of Frontenac and was also opened to Township staff. 2 members of the Township of South Frontenac attended this training. It should be noted that administrative staff at the County and all Townships were also provided with accessible document training in 2015. In addition, the Township of North Frontenac provided an annual refresher on Accessibility, Human Rights and Customer Service training to all employees in 2019. It also provided Accessibility training to its Reuse and Recycle Volunteers in 2019. A Working Minds workshop was provided to the County’s Management Team which is designed by the Mental Health Commission of Canada aimed at reducing the stigma of mental illness in the workplace. In 2020, the County of Frontenac will implement a new onboarding process that includes in-depth accessibility training provided by the Manager of Legislative Services/Clerk. Strategic Priorities Implications Priority 1: Get behind plans that build community vitality and resilience in times of growth and change. This priority responds to high interest as well as concern shared broadly across the County that communities in the Frontenacs be well supported with infrastructure and services essential to vitality and sustainability in today’s world. Financial Implications There are no direct financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Eric Korhonen, Township of North Frontenac Donna Longmire, Township of Central Frontenac Jillian McCormick, Township of South Frontenac Darlene Plumley, Township of Frontenac Islands
Frontenac Accessibility Advisory Committee – Quarterly Update Report – Q3 & 4 December 3, 2019
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Appendix A The following is a The Committee receives, on a quarterly basis, updates from the County and Townships as accessibility upgrades are identified along with the status of such upgrades.
County of Frontenac Status Update – 2019 Initiative
Details
Completion Date
Administrative Building
Consult with ACC in the development and review of building plans; washrooms will be made accessible. To date, an agreement has been made between the County of Frontenac and the Cataraqui Region Conservation Authority (CRCA) for a joint facility.
Construction Window 20-21
Solicitation of comments regarding the County of Frontenac Regional Active Transportation Plan and Edging along the K&P Trail to ensure edging meets user needs in terms of accessibility
Complete
K & P Trail
Building Commissioning Fall 21
Completion of the K & P Trail to Sharbott Lake with public meeting and consultation with the AAC pursuant to Section 80.8 (1) & (2) of the IASR Redevelopment of emergency access route around the perimeter of the building. Although this is required as an emergency access route should the need to evacuate the building occur, it is also used by staff, residents, and residents family members as a solid surface exterior path for enjoyment of walking outdoors. This redevelopment included the provision of exterior ramps for barrier free access to the lower level of the administration building which previously were not there. It also included a new accessible outdoor eating area for staff and visitors using the lower level meeting rooms.
Complete
Accessibility Planning
Part of the County’s accessibility planning is a $10,000 annual commitment to the Accessibility Reserve to address the removal of barriers to County facilities
$5,000 was allocated this year to the Fairmount Home/Administrative Building exterior pathway and eating area
AGENDA ITEM #a)
Fairmount Home/Administrative Building exterior pathway and eating area
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Township of Frontenac Islands Status Update – 2019 Initiative
Details
Completion Date
Secondary Plan for Marysville
The first public consultation on the Secondary Plan for the Village of Marysville has taken place and accessibility features will be given consideration throughout the process
Complete
Accessible Playgrounds
Accessible playground equipment has been budgeted for the Community Centre Grounds.
Pending
Accessible eating areas
Accessible picnic tables have been placed at the tourist centre and along the path connecting the community centre grounds to the seniors apartments
Complete
Stair Nosing
Steps leading to the municipal office have been bubble plated to assist with vision and accessible entrance.
Complete
Township of North Frontenac Status Update – 2019 Details
Completion Date
Accessible Parking
Painting and signage of the accessible parking spaces at the Township offices.
Complete
Accessibility Training
Refresher on Accessibility, Human Rights and Customer Service training to all employees in 2019. It also provided Accessibility training to its Re-use and Recycle Volunteers in 2019
Frontenac Accessibility Advisory Committee – Quarterly Update Report – Q3 & 4 December 3, 2019
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AGENDA ITEM #a)
Initiative
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Township of South Frontenac Status Update – 2019 Initiative
Details
Completion Date
Bradshaw School House
Redoing the accessible ramp to building code
Summer 2019
Verona Medical Centre
38" door and accessible button
Will be budgeted for 2020
Repairing back ramp to make it safe with railing
Fall 2019
Town Hall
New 38" front door with push button and panic bar
Completed January 2019
Website
Redevelopment of the Township’s website was undertaken. Conformity with WCAG 2.0, Level AA was integrated into the website project proposal. This has allowed the website to transition to WCAG 2.0, Level AA well before the 2021 deadline.
Completed Aug 2019, launched September 3rd, 2019
Township of Central Frontenac Status Update – 2019 Details
Completion Date
Website
Townships new website is up and running. It is more AODA compliant then the past site
Completed
Front Counter
Remove the barrier for a more welcome environment to residents and renovate for an accessible counter
Completed
Entrance at Soldiers Memorial Hall (Stairs)
Remove old stairs and install new stairs as per Building Code
July 2019
Frontenac Accessibility Advisory Committee – Quarterly Update Report – Q3 & 4 December 3, 2019
Page 7 of 7
AGENDA ITEM #a)
Initiative
AGENDA ITEM #a)
Frontenac Joint Accessibility Advisory Committee Meeting Minutes December 3, 2019 A meeting of the Frontenac Joint Accessibility Advisory Committee (FAAC) was held at the Township of South Frontenac’s Council Chamber, 4432 George Street, Sydenham on Tuesday, December 3, 2019 at 10:00 AM Present:
Regrets
Staff
Neil Allen, Community Representative, South Frontenac, Chair Ed Schlievert, Community Representative, North Frontenac David Yerxa, Representative, Community at Large Councillor Bill MacDonald, Council Liaison Margaret Knott, Community Representative, Frontenac Islands, Vice Chair Kurt Halliday, Community Representative, Central Frontenac Councillor Gerry Martin Jannette Amini, County of Frontenac Eric Korhonen, Township of North Frontenac Donna Longmire, Township of Central Frontenac Jillian McCormick, Township of South Frontenac
Call to Order
The Chair called the meeting to order at 10:12 a.m. 2.
Adoption of the Agenda
Moved By: Seconded By:
Councillor MacDonald Mr. Schlievert
That the agenda for the December 3, 2019 meeting of the Joint Frontenac Accessibility Advisory Committee be approved. Carried 3.
Disclosure of Pecuniary Interest and General Nature Thereof
There were none
Page 463 of 485 Advisory Committee Report of the Joint Frontenac Accessibility
AGENDA ITEM #a)
Adoption of Minutes Minutes of Meeting held September 10, 2019
Moved By: Seconded By:
Mr. Yerxa Councillor MacDonald
That the minutes of the Joint Frontenac Accessibility Advisory Committee meeting held September 10, 2019 be adopted. Carried 5.
Deputations and/or Presentations
Reports to the Accessibility Advisory Committee 2019-146 Frontenac Accessibility Advisory Committee Quarterly Update Report – Q3 & 4
Ms. Amini provided an overview of the report which was presented to the Committee for information purposes only. 2019-0147 Frontenac Accessibility Advisory Committee Joint Accessibility Plan Annual Status Report Moved By: Seconded By:
Councillor MacDonald Mr. Yerxa
Be It Resolved That the Frontenac Accessibility Advisory Committee – Joint Accessibility Plan Annual Status report be received; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3), that a copy of this Annual Status Report, as amended, be posted to the County of Frontenac Website; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3.1) and (3.2), that a copy of this Annual Status Report be forwarded to the Frontenac Lower Tiers for posting on their respective websites. Carried Ms. Amini provided an overview of the report.
County of Frontenac Joint Accessibility Advisory Committee Minutes December 3, 2019
Page 464 of 485 Advisory Committee Report of the Joint Frontenac Accessibility
Page 2 of 4
AGENDA ITEM #a)
Mr. Korhonen advised that the Township of North Frontenac provided an annual refresher on Accessibility, Human Rights and Customer Service to all employees in 2019. It also provided Accessibility training to North Frontenac’s Re-use and Recycle Volunteers in 2019. These updates will be noted under the Training section of the annual report. Mr. Korhonen also advised that the Township has completed the painting and signage of the accessible parking spaces at the Township offices. This information will be added to Appendix B – Township of North Frontenac Status Update – 2019. 2019 Celebrating Accessibility Awards [Nominations were distributed under separate cover] Moved By: Seconded By:
Mr. Schlievert Mr. Yerxa
That the Southern Frontenac Community Services Corporation be selected as the 2019 recipient of the County of Frontenac Celebration of Accessibility Award for its past and continues efforts in making the Grace Centre fully accessible. Carried 7.
Township Updates Township of North Frontenac Township of Central Frontenac Township of South Frontenac Township of Frontenac Islands
Communications
Other Business
County of Frontenac Joint Accessibility Advisory Committee Minutes December 3, 2019
Page 465 of 485 Advisory Committee Report of the Joint Frontenac Accessibility
Page 3 of 4
AGENDA ITEM #a)
Next Meeting
The meeting schedule for 2020 is as follows: Tuesday, March 3 at 10 a.m. Tuesday, June 2 at 10 a.m. Tuesday, September 1 at 10 a.m. Tuesday, December 1 at 10 a.m. 11.
Adjournment
Moved By: Seconded By:
Mr. Schlievert Mr. Yerxa
That the meeting hereby adjourn at 10:27 a.m. Carried
County of Frontenac Joint Accessibility Advisory Committee Minutes December 3, 2019
Page 466 of 485 Advisory Committee Report of the Joint Frontenac Accessibility
Page 4 of 4
AGENDA ITEM #a)
By-Law No. 2019-0039 Of The Corporation of the County OF Frontenac Being a by-law to declare lands legally described as Portland CON 1 PT Lots 1 and; 2 CON 2 PT Lots 2 AND 3 CON; 3 PT Lots 3 and 4 CON 4 PT; Lots 3 TO 7 CON 5 PT Lots 7; and 8 CON 6 PT Lot 7 CON 7 surplus the purpose of transferring portions of the former K&P to the Township of South Frontenac for the development of affordable seniors housing
Whereas County of Frontenac By-law No. 17-1995 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 sell certain lands to the Township of South Frontenac for the development of affordable seniors housing; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac does hereby declare the following: 1.
THAT lands legally described as Portland CON 1 PT Lots 1 and; 2 CON 2 PT Lots 2 AND 3 CON; 3 PT Lots 3 and 4 CON 4 PT; Lots 3 TO 7 CON 5 PT Lots 7; and 8 CON 6 PT Lot 7 CON 7, be declared surplus for the purpose of transferring portions of
the former K&P to the Township of South Frontenac for the development of affordable seniors housing, subject to the following conditions: Purchase part of the said property for the purposes of aiding the Township’s development of affordable seniors’ housing; the Township maintaining public access to the K&P Trail along the subject lands, including the construction of a multi-use pathway, the configuration of which would be determined through the housing development process; Grant an Easement in the favour of the County of Frontenac over the lands to the County of Frontenac for the purpose of access to the K&P Trail;
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AGENDA ITEM #a)
Purchase the said property for $2.00, in addition to covering all legal, surveying and/or other closing costs, including easement and registration costs. 2.
THAT pursuant to By-law No. 17-1995, third reading of this by-law be given at the December 18, 2019 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.
Read a first and second time this 20th day of November, 2019. Read a third time, signed, sealed and finally passed this 18th day of December, 2019. The Corporation of the County of Frontenac
Ron Higgins, Warden
Jannette Amini, Clerk
By-law 2019-0040 – to declare lands legally described as Portland CON 1 PT Lots 1 and; 2 CON 2 PT Lots 2 AND 3 CON; 3 PT Lots 3 and 4 CON 4 PT; Lots 3 TO 7 CON 5 PT Lots 7; and 8 CON 6 PT Lot 7 CON 7 surplus the purpose of transferring portions of the former K&P to the Township of South Frontenac for the development of affordable seniors housing November 20, 2019
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Page 2 of 2
AGENDA ITEM #b)
By-Law No. 2019-0041 of The Corporation of the County of Frontenac being a by-law to establish a fees and fares schedule for the Frontenac-Howe Islander Ferry operation for the year 2020 Whereas Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes a municipality to impose fees or charges on persons: (a)
for services or activities provided or done by or on behalf of it;
(b)
for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and
(c)
for the use of its property including property under its control.
And Whereas the Corporation of the County of Frontenac operates a ferry to and from Howe Island known as the Frontenac-Howe Islander Ferry; And Whereas the Council of the County of Frontenac deems it expedient to adopt the following fees and fares in relation to the Frontenac-Howe Islander Ferry operation for the year 2020; Now Therefore Be It Resolved That the Council of the County of Frontenac hereby adopts the following fees and fares structure in relation to the Frontenac-Howe Islander Ferry operation for the year 2020:
- The 2020 pass shall provide access to both the County and Township operated ferries.
- A common fee structure shall apply for both the County and Township operated ferries.
- Fees shall only be collected when vehicles are coming onto Howe Island from either the County or Township operated ferry.
- The County and the Township will continue to make available temporary passes to provide for short term requirements, which can be arranged at the Frontenac-Howe Islander Ferry office or the Township of Frontenac Islands’ municipal office on Howe Island.
- The discounted tickets to provide to visiting friends and family will be continued in
- One book of 10 tickets will be sold per pass holder for a price of $45.00 to accommodate this requirement.
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AGENDA ITEM #b)
- 2020 Fees and Fares shall be established as follows: Annual pass for a single vehicle
- $265.00 One additional annual pass for a single vehicle per household **
- $70.00 Trailer pass - for an island resident who already possess an annual pass for a single vehicle 265.00 Two way trip for single vehicle $6.00 Two way trip for single vehicle with trailer in tow $15.00 Additional charges for annual pass holder with trailer in tow $6.00 Two way trip for any heavy vehicle $15.00 Replacement fee per annual pass (Charged for every replacement) $25.00 Definitions Single Vehicle Single vehicle will include a car, motorcycle, van, SUV, or pickup truck. Heavy Vehicle Any vehicle greater than 6,000 kgs and/or 7 metres (23 feet).
- These fees will be discounted by 10% for applicants who can show documentation indicating they are 65 years of age or older during 2020. ** A second pass for $70.00 will only be available if the second vehicle involved is registered to:
The same individual who purchased the first full-price 2020 annual pass;
An individual who is married to or is in a common-law relationship with the fullprice 2020 annual pass purchaser;
The dependent child of a full-price 2020 annual pass purchaser or the full-price pass purchaser’s married or common-law spouse who is under the age of 18;
The dependent child of a full-price 2020 annual pass purchaser or the full-price pass purchaser’s married or common-law spouse who is over the age of 18 only if the dependent child has both the same permanent address as the fullprice 2020 annual pass purchaser and is attending school full-time.
- Documentation must be provided that satisfies the staff person issuing the passes.
- A third pass at a reduced rate is not available.
- Township of Frontenac Islands’ vehicles and vehicles which, through previous notification, the Township of Frontenac Islands identifies as undertaking Township business are exempted.
By-law No. 2019-0041 – To Establish Frontenac Howe Islander Ferry Fees and Fares for 2020 December 18, 2019
Page 470 of 485for the Frontenac-Howe Islander F… To establish a fees and fares schedule
Page 2 of 3
AGENDA ITEM #b)
- A memorandum of understanding addressing the details of this arrangement has been executed to address the sharing of revenues between the County and the Township.
- That By-law 2019-0035 is hereby rescinded.
- That this by-law shall come into force and take effect on the date of final passing. Read a first and second time this 18th day of December, 2019. Read a third time and finally passed this 18th day of December, 2019.
The Corporation of the County of Frontenac
, Warden
Jannette Amini, Clerk
By-law No. 2019-0041 – To Establish Frontenac Howe Islander Ferry Fees and Fares for 2020 December 18, 2019
Page 471 of 485for the Frontenac-Howe Islander F… To establish a fees and fares schedule
Page 3 of 3
AGENDA ITEM #c)
By-Law No. 2019-0042 Of The Corporation of the County of Frontenac Being a By-law respecting the protection of members of the Council of the Corporation of the County of Frontenac and its employees against liability incurred while acting on behalf of the County. Whereas Section 279 of the Municipal Act, 2001, (subject to Section 14 of the Municipal Conflict of Interest Act), authorizes Council to pass By-laws for paying any damages or costs awarded against a Member of Council or of any local board thereof or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as members of Council or officers of the municipality or local board including while acting in the performance of any statutory duty or for paying any sum required in connection with the settlement of any action or other proceeding and for assuming the cost of defending any such person in such an action or other proceeding; And Whereas Section 279 of the Municipal Act, 2001 authorizes Council to pass Bylaws to protect employees of a municipality against risks that may involve liability on the part of the employee and for paying any damages or costs awarded against the employees or expense incurred by the employee as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as employees, including while acting in the performance of any statutory duty or for paying any sum required in connection with the settlement of an action or other proceeding and for assuming the cost of defending the employee in such an action or other proceeding. And Whereas Provincial downloading in the second half of the last decade has brought new areas of exposure including the imposition of harsh penalties on elected representatives and senior managers for the actions of frontline staff, which has increased the risks still further; And Whereas Council wishes to put in place appropriate protections against personal liability to ensure that competent staff, competent volunteers and competent Council members continue to be attracted to serve the County of Frontenac; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac enacts as follows: 1.
Definitions (1)
ln this By-law unless a contrary intention appears: (a)
“Action” or proceeding" means an action or proceeding referred to in section 4.
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AGENDA ITEM #c)
(b)
“Council” means the Council of the Corporation of the County of Frontenac.
(c)
“Employee” means any salaried officer, or any other person in the employ of the County or any local board thereof and is extended to include all persons holding positions in the County’s service who are not compensated, including Members of all Boards and Committees appointed by and under Council’s jurisdiction.
(d)
“Former employee” means a person who was formerly an employee of the Municipality or local board.
(e)
“Former member” means a person who was formerly a member of a council of the Municipality or local board.
(f)
“Local board” means a local board as defined in the Municipal Act.
(g)
“Member of Council” shall mean a member of the council of the corporation of the County of Frontenac including the Warden, Deputy Warden and councillors.
(h)
“County” means the Corporation of the County of Frontenac.
Former Employees and Councillors Subject to any statutes of limitations, this By-law applies to any person who was a Councillor or an employee at the time the cause of action or other proceeding arose but who prior to the judgment or other settlement of the action or proceeding has ceased to be an employee or a Councillor.
Excluded Actions and Proceedings This By-law does not apply to: i.
an action or proceeding where the legal proceeding relates to a grievance filed under the provisions of a collective agreement or to disciplinary action taken by the County as an employer.
ii.
an action or proceeding brought under the Highway Traffic Act, R.S.O. 1990, as amended and the Criminal Code, R.S.C. 1985 as amended unless such proceedings arose as a result of the individual’s good faith pursuit or performance of the individual’s assigned duties;
iii.
any expenses incurred by members of council or a local board in obtaining legal advice to determine whether the member has a pecuniary interest in a matter which is the subject of a determination or consideration by council or a local board as defined herein.
By-law 2019-0042 respecting the protection of members of the Council of the Corporation of the County of Frontenac and its employees against liability incurred while acting on behalf of the County December 18, 2019 Page 2 of 5
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AGENDA ITEM #c)
Indemnification (1)
(2)
(a)
they acted honestly and in good faith with a view to the best interests of the County, and;
(b)
in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, they had reasonable grounds for believing that his or her conduct was lawful.
In the event that any determination is required as to whether a member or an employee meets the requirements of this Section, the advice and assistance of a qualified solicitor shall be obtained.
Manner and Extent of Indemnification (1)
The County shall indemnify any member or employee in the manner and to the extent provided by Section 5 in respect of any civil, criminal or administrative action or proceeding, including appeals by a third party for acts or omissions arising out of the scope of the employee’s or member’s employment or office if;
The County shall indemnify a person who meets the requirements of Section 4 by: (a)
assuming the cost of defending such person in an action or proceeding;
(b)
paying any damages or costs, including a monetary penalty, awarded against such person as a result of an action or proceeding;
(c)
paying, either by direct payment or by reimbursement, any expenses reasonably incurred by such persons as a result of an action or proceeding; and
(d)
paying any sum required in connection with the settlement of an action or proceeding; only to the extent that such costs, damages, expenses or sums are assumed, paid or reimbursed under any provision of the County’s insurance program for the benefit and protection of such person against liability incurred by him or her.
Persons Served with Process (1)
Where a member or an employee is served with any process issued out of or authorized by any court, administrative tribunal or other administrative, investigative or quasi-judicial body, other than a subpoena, in connection with any action or proceedings they shall: (a)
unless he or she is the head of a department, forthwith deliver the process or a copy thereof to the head of the department for which
By-law 2019-0042 respecting the protection of members of the Council of the Corporation of the County of Frontenac and its employees against liability incurred while acting on behalf of the County December 18, 2019 Page 3 of 5
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AGENDA ITEM #c)
the employee works or to a person designated by the department head to receive such process, who in turn shall deliver a copy thereof to the chief Administrative officer; or,
if he or she is the head of a department or a member of County Council, forthwith deliver the process or a copy thereof to the Chief Administrative Officer, or,
(c)
a member shall forthwith deliver the process or a copy, thereof to the Chief Administrative Officer.
Lawyer Retained by the County’s Insurers (1)
Notwithstanding any provision of this By-law to the contrary, any lawyer retained by the County’s insurers from time to time to defend the County in any action or proceeding shall represent a member or an employee with respect to that action or proceeding unless the County instructs such person otherwise.
(2)
Subject to Section 10 hereof, the County shall have the right to select and retain the lawyer to represent a member or an employee and shall;
(3) 8.
(b)
(a)
advise such person of the lawyer selected to present them, and
(b)
advise Council of the final disposition of the matter.
The County shall have the right to approve the settlement of any action or proceeding in accordance with the provision of the County’s policies.
Duty to Co-Operate An employee or Member of Council involved in any action or proceeding:
(a)
shall co-operate fully with the County and any lawyer retained by the County to defend such action or proceeding;
(b)
shall make available to such lawyer all information and documentation relevant to the matter as are within his or her knowledge, possession or control, and
(c)
shall attend at all proceedings when requested to do so by such lawyer.
Failure to Comply with By-Law lf an employee or Member of Council fails or refuses to comply with the provisions of this By-law, the County shall not be liable to assume or pay any of the costs, damages, expenses or sums mentioned in Section 3 of this By-law.
Conflict The County may from time to time maintain different policies of insurance for the Members of Council and employees. The provisions of this By-law are intended to supplement the protection provided by such policies of insurance. In the event of conflict between this By-law and the terms of any such policy of insurance in
By-law 2019-0042 respecting the protection of members of the Council of the Corporation of the County of Frontenac and its employees against liability incurred while acting on behalf of the County December 18, 2019 Page 4 of 5
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AGENDA ITEM #c)
place from time to time, the terms of such policy or policies of insurance shall prevail. 11.
Executive Acts Authorized The Council of the Corporation of the County of Frontenac shall be notified, at the immediate next meeting of Council, in closed session of any action or proceeding that has been commenced against any Member of Council or an employee. The Warden and Clerk are hereby authorized and directed to do all the things necessary, including executing any necessary documents under the seal of the County to give effect to this By-law according to its true intent and meaning.
Reimbursement Where a member or employee has been indemnified by the County, the amount of the indemnifications shall be reduced by the amount of any costs or damages recovered, and where indemnification has been paid, prior to any recovery by the member or employee, any costs or damages received shall first be paid to the County up to the amount of the indemnification.
Force and Effect This By-law shall come into force and effect on the passing thereof.
Read a first and second time this 18th day of December, 2019. Read a third time and finally passed this 18th day of December, 2019.
The Corporation of the County of Frontenac
, Warden
Jannette Amini, Clerk
By-law 2019-0042 respecting the protection of members of the Council of the Corporation of the County of Frontenac and its employees against liability incurred while acting on behalf of the County December 18, 2019 Page 5 of 5
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AGENDA ITEM #d)
By-Law No. 2019-0043 Of The Corporation of the County of Frontenac being a by-law to authorize the Corporation of the County of Frontenac to distribute the Federal Gas Tax amongst its four lower-tier municipalities Whereas the Corporation of the County of Frontenac (the Recipient) adopted By-law 2010-0015 which authorized the Warden and Clerk to execute an agreement with AMO regarding the Federal Gas Tax since the execution of that agreement is mandatory if the County of Frontenac wanted to participate in the transfer of federal gas tax revenue; And Whereas the Corporation of the County of Frontenac (the Recipient) adopted Bylaw 2014-0027 to execute an amended agreement with AMO regarding Federal Gas Tax; And Whereas Section 6.2 of the Agreement permits the Recipient to allocate funds to another Eligible Municipality; And Whereas Council wishes to authorize the distribution of Federal Gas Tax Funds amongst the County’s four lower tier municipalities for 2019; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby orders and enacts: 1.
That the County of Frontenac distribute Federal Gas Tax as per the 2019 Schedule attached to this by-law;
That this By-law shall come into force and have effect upon the final passing thereof.
Read a First and Second Time this 18th day of December, 2019. Read a Third Time and Finally Passed, Signed and Sealed this 18th day of December, 2019. The Corporation of the County of Frontenac
, Warden
Jannette Amini, Clerk
Page 477 of 485 To A uthorize the Corporation of the County of Frontenac to distribute t…
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County Of Frontenac Distribution of Federal Gas Tax to Eligible Municipalities For 2019 Municipality Township of Frontenac Islands Township of South Frontenac Township of Central Frontenac Township of North Frontenac
Weighted Assessment %
Distribution based on Weighted Assessment
Additional Distributions
Federal Gas Tax Total Distribution
9.35%
$78,759.95
$0
$78,759.95
58.35%
472,211.88
$11,852.63
$484,064.51
16.36%
132,398.25
$0
$132,398.25
15.94%
$129,031.40
$0
$129,031.40
Total Federal Gas Tax Distribution from the County
$824,254.11
AGENDA ITEM #d)
By-law 2019-0043 to authorize the Corporation of the County of Frontenac to distribute the Federal Gas Tax amongst its four lower-tier municipalities December 18, 2019 Page 2 of 2
AGENDA ITEM #e)
By-Law Number 2019-0044 of The Corporation of the County of Frontenac being a by-law to authorize the execution of a Memorandum of Understanding with the Cataraqui Region Conservation Authority (CRCA) for a Shared Administrative Facility Whereas Sections 5 of the Municipal Act, 2001, as amended (hereinafter the Act) provides that a municipal power, including a municipality’s capacity, rights, powers and privileges, shall be exercised by its council by by-law, unless the municipality is specifically authorized to do otherwise; and, Whereas the Cataraqui Region Conservation Authority (CRCA) has requested to negotiate a Memorandum of Understanding through which the County of Frontenac would provide a Shared Administrative Facility with the Cataraqui Region Conservation Authority (CRCA); and, Whereas the Corporation of the County of Frontenac wishes to enter into an agreement with the Cataraqui Region Conservation Authority for a Shared Administrative Facility; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac enacts as follows: 1.
That the Warden and Clerk are hereby authorized to execute an Memorandum of Understanding with the Cataraqui Region Conservation Authority for a Shared Administrative Facility;
That this By-law shall come into force and take effect upon the date of final passing.
Read a First and Second Time this 18th day of December, 2019. Read a Third Time, Signed, Sealed and Finally Passed this 18th day of December, 2019. The Corporation of the County of Frontenac
Ron Higgins, Warden
Jannette Amini Clerk
Page of 479 of 485 To Authorize the Execution a Memorandum of Understanding with the Cat…
AGENDA ITEM #f)
By-Law No. 2019-0045 Of The Corporation of the County of Frontenac being a by-law to appoint the Warden and the Deputy Warden for the 2020 Council year
Whereas Section 5 of the Municipal Act provides that a municipal power, including a municipality’s capacity, rights, powers and privileges, shall be exercised by its council and by by-law, unless the municipality is specifically authorized to do otherwise; And Whereas Section 11 of the Municipal Act provides that an upper-tier municipality may pass by-laws respecting its governance structure of the municipality; And Whereas Section 233 of the Municipal Act provides that if the term of office of an appointed head of council of an upper-tier municipality is one year, the council of the upper-tier municipality shall, in each year of its term, appoint the head of council at its first meeting; And Whereas Procedural By-law 2013-0020 states that the term of office for the Warden and Deputy Warden are for a one year term during the term of Council; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enacts as follows: 1.
That Councillor
, be and is hereby appointed as the Warden.
That Councillor Warden.
, be and is hereby appointed as the Deputy
That all previous by-laws or parts of by-laws that conflict with this by-law are hereby rescinded.
That this by-law shall take effect on the date of its final passing.
Page of 485Warden for the 2020 Council year [P… To appoint the Warden and 480 the Deputy
AGENDA ITEM #f)
Read a first and second time this 18th day of December, 2019. Read a third time and finally passed this 18th day of December, 2019.
The Corporation of the County of Frontenac
, Warden
Jannette Amini, Clerk
By-law No.2019-0045 – To Appoint the Warden and the Deputy Warden December 18, 2019
Page of 485Warden for the 2020 Council year [P… To appoint the Warden and 481 the Deputy
Page 2 of 2
AGENDA ITEM #g)
By-Law No. 2019-0046 Of The Corporation of the County of Frontenac being a by-law to appoint Members of Council to Frontenac County Advisory Committees Whereas Section 5 of the Municipal Act provides that a municipal power, including a municipality’s capacity, rights, powers and privileges, 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 Corporation of the County of Frontenac deems it expedient to appoint Members of Council to certain Committees; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enacts as follows:
- That Councillor be appointed to the Rural Urban Liaison Advisory Committee (RULAC) whose term will expire December 15th, 2020.
- That by-law 2013-0020 be amended accordingly to reflect this appointment.
- That this by-law shall take effect on the date of its final passing. Read a first and second time this 18th day of December, 2019. Read a third time and finally passed this 18th day of December, 2019. The Corporation of the County of Frontenac
, Warden
Jannette Amini, Clerk
482toofFrontenac 485 To appoint MembersPage of Council County Advisory Committees [P…
AGENDA ITEM #h)
By-Law Number 2019-0047 of The Corporation of the County of Frontenac being a by-law to authorize the execution of a Lease Agreement with the City of Kingston for a Land Ambulance Station located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON Whereas Sections 5 of the Municipal Act, 2001, as amended (hereinafter the Act) provides that a municipal power, including a municipality’s capacity, rights, powers and privileges, shall be exercised by its council by by-law, unless the municipality is specifically authorized to do otherwise; and, Whereas the County of Frontenac wishes to enter into a Lease Agreement with the City of Kingston for a Land Ambulance Station located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON; and, Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac enacts as follows: 1.
That the Warden and Clerk are hereby authorized to enter into a Lease Agreement with the City of Kingston for a Land Ambulance Station located at the Woodbine Road Fire Station, 905 Woodbine Road, Kingston, ON;
That this By-law shall come into force and take effect upon the date of final passing.
Read a First and Second Time this 18th day of December, 2019. Read a Third Time, Signed, Sealed and Finally Passed this 18th day of December, 2019.
The Corporation of the County of Frontenac
, Warden
Jannette Amini Clerk
Page of 483 of 485 To authorize the execution a Lease Agreement with the City of Kingsto…
AGENDA ITEM #i)
By-Law No. 2019-0048 of The Corporation of the County OF Frontenac being a by-law to confirm all actions and proceedings of County Council on December 18, 2019
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 December 18, 2019 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 December 18, 2019 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 December 18, 2019 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.
484 of 485of County Council on December 18,… To confirm all actionsPage and proceedings
AGENDA ITEM #i)
- That this by-law shall come into force and take effect as of the final passing thereof. Read a First and Second Time this 18th day of December, 2019 Read a Third Time and Finally Passed, Signed and Sealed this 18th day of December,
The Corporation of the County Of Frontenac
, Warden
Jannette Amini, Clerk
By-Law No. 2019-0047 – To Confirm all Actions and Proceedings of County Council December 18, 2019
485 of 485of County Council on December 18,… To confirm all actionsPage and proceedings
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