Body: Council Type: Agenda Meeting: Regular Date: January 19, 2022 Collection: Council Agendas Municipality: Frontenac County
[View Document (PDF)](/docs/frontenac-county/Published Agendas/Regular Council/2022/Regular Council - 19 Jan 2022 - Agenda.pdf)
Document Text
Frontenac County Council Meeting Wednesday, January 19, 2022 – 9:30 a.m. Meeting to be held in Virtual Electronic Format and live streamed on the County of Frontenac’s YouTube Channel https://youtu.be/oZvjteeZL7o
Agenda Page Call to Order Closed Session Approval of Addendum Disclosure of Pecuniary Interest and General Nature Thereof
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Adoption of Minutes a) Minutes of Meeting held December 15, 2021 Resolved That the minutes of the regular Council meeting held December 15, 2021 be adopted. Deputations and/or Presentations Proclamations Move into Committee of the Whole a) That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair.
25 - 38
Briefings a) Mr. Kelly Pender, Chief Administrative Officer, will provide Council with his monthly CAO briefing. Unfinished Business Recommend Reports from the Chief Administrative Officer
Page 39 - 42
a)
2022-003 Office of the Chief Administrative Officer Support of the Association of Municipalities of Ontario (AMO) Submission to the Attorney General on Liability and Insurance Cost Reforms Recommendation: Whereas municipal governments provide essential services to the residents and businesses in their communities; and Whereas the ability to provide those services is negatively impacted by exponentially rising insurance costs; and Whereas one driver of rising insurance costs is the legal principle of ‘joint and several liability,’ which assigns disproportionate liability to municipalities for an incident relative to their responsibility for it; and Whereas, the Government of Ontario has the authority and responsibility for the legal framework of ‘joint and several liability;’ and Whereas the Premier of Ontario committed to review the issue in 2018 with a view to helping municipal governments manage their risks and costs; and Whereas the Association of Municipalities of Ontario on behalf of municipal governments has provided recommendations in this source document to align municipal liability with the proportionate responsibility for incidents and capping awards; Now Therefore Be It Resolved That the Corporation of the County of Frontenac does hereby support AMO’s recommendations; and And Further That the Corporation of the County of Frontenac does hereby call on the Attorney General of Ontario to work with municipal governments to put forward a plan of action to address “joint and several liability” before the end of the government’s current term so that municipalities can continue to offer high quality services to their communities. And Further That a copy of this resolution be forwarded to The Honourable Doug Downey, Attorney General of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario (AMO) President Jamie McGarvey, and the Eastern Ontario Warden’s Caucus (EOWC) Chair.
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Page
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b)
Consultant Briefing: Mr. Wayne Robinson will brief the Committee of the Whole with respect to the recommendations and actions regarding the merits of requiring Trail Permits for motorized vehicles on the K&P Trail. [See Recommend Reports from the Chief Administrative Officer, clause c)]
c)
2022-005 Planning and Economic Development Report from Mr. Wayne Robinson regarding the merits of requiring Trail Permits for motorized vehicles on the K&P Trail Recommendation: Be It Resolved That the Council of the County of Frontenac receive the report from Mr. Wayne Robinson regarding the merits of requiring Trail Permits for motorized vehicles on the K&P Trail; And Further That the County of Frontenac direct staff to prepare a comprehensive By-law on the Care and Use of the K&P Trail, including the requirement for trail permits for all motorized vehicles; And Further That staff be directed to continue to work with Mr. Robinson in negotiating with the Ontario Federation of ATV’s (OFATV), the Eastern Ontario Trails Alliance (EOTA) and the Ontario Federation of Snowmobile Clubs (OFSC) on the development of a Joint Usage Agreement for the K&P Trail; And Further That staff bring back a report and By-law to Council for final consideration in Q2, 2022.
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d)
2022-006 Corporate Services 2022 User Fees and Charges By-Law Recommendation: Resolved That County Council receive the Corporate Services – 2022 User Fees and Charges By-Law report; And Further That Council pass a by-law later in the meeting to Impose User Fees and Charges for Services and rescind By-law 2021-0001 being a By-law to Impose User Fees and Charges for Services.
Page 3 of 113
Page 61 - 62
e)
2022-007 Corporate Services 2022 Temporary Borrowing By-Law Recommendation: Resolved That Council of the County of Frontenac accept the Corporate Services – Finance - 2022 Temporary Borrowing By-Law report; And FurtherThat the Clerk be directed to introduce a by-law later in the meeting to authorize current borrowings from time to time during 2022.
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Page 63 - 65
f)
2022-008 Corporate Services Setting of the 2023 County Budget Deliberations and Solicitation of Public Input Recommendation: Resolved That the Council of the County of Frontenac receive the Corporate Services – Setting of the 2023 County Budget Deliberations and Solicitation of Public Input report for information; And Further That the Council of the County of Frontenac confirm the following dates for the New Council Orientation and 2023 Budget Deliberations: October 1 to November 30, 2022 2023 Frontenac County Budget project open on engagefrontenac.ca for public engagement Tuesday, January 17, 2023 New Council Orientation – Introduction to Council and the County of Frontenac Wednesday, January 18, 2023 New Council Orientation – Introduction to External Agencies and Public Meeting for the Solicitation of Public Input into the 2023 budget (as part of the Regular Council meeting) Wednesday, February 8, 2023 Council Presentation – 2022 KPIs, 2023 Business Plans & Project Proposals Detailed Budget Presentation Thursday, February 9, 2023 Council Presentation – 2022 KPIs, 2023 Business Plans & Project Proposals Detailed Budget Presentation Wednesday, February 15, 2023 Council Presentation – Detailed Budget Presentation
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Page 66 - 76
g)
2022-009 Planning & Economic Development Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002 Recommendation: Resolved That the Council of the County of Frontenac receive the Planning & Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002; And Further That the Council of the County of Frontenac deny the request for extension for the draft approval for the plan of subdivision for 2292 Sands Road, Battersea.
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Information Reports from the Chief Administrative Officer a) 2022-002 Corporate Services 2021 Accessibility for Ontarians with Disabilities (AODA) Compliance Report b)
2022-004 Corporate Services 2021 Annual Report on Delegation of Authority
Reports from Council Liaison Appointees Reports from External Boards and Committees Reports from Advisory Committees of County Council
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Page 88 - 92
a)
Report of the Frontenac Accessibility Advisory Committee 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. 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: 1.
2022-001 Frontenac Accessibility Advisory Committee 2021 Annual Accessibility Status Report That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3), that a copy of this Annual Accessibility 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.
Return to Council a) That Council revert from Committee of the Whole Council, to Council.
Adoption of the Report of the Committee of the Whole Council a) That the report of the Committee of the Whole Council be adopted and that the necessary actions or by-laws be enacted. Motions, Notice of Which has Been Given
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a)
Proposed Public Meeting and Consultation regarding the Communal Services project Moved by: Deputy Warden Higgins Seconded by: Councillor Martin That the County Planning Department schedule a Communal Services Public Meeting, in addition to public consultations, to address any concerns by the community at large; And Further That all Township Councils be invited to said meeting.
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b)
Proposed Community Paramedicine Services for the Township of North Frontenac Moved by: Deputy Warden Higgins Seconded by: Councillor Revill That the County investigate the possibility of implementing a Community Paramedicine program for North Frontenac seniors, utilizing the Robertsville Paramedics if possible.
Giving Notice of Motion Communications That Council consent to the following communications of interest to Council listed below be received and filed: a) From the Township of Mulmur regarding a resolution on Truth and Reconciliation Calls to Actions [Distributed to Members of County Council December 17, 2021] b)
From Tay Valley Township regarding a Resolution on Province-Wide Assessment Update [Distributed to Members of County Council December 17, 2021]
c)
From the City of Sarnia regarding a resolution sent to the Prime Minister and Premier on Catch and Release Justice [Distributed to Members of County Council December 17, 2021]
d)
From the Municipality of Shuniah regarding a resolution on Conversion Therapy [Distributed to Members of County Council December 17, 2021]
e)
From the Southern Frontenac Community Services Corporation providing its December 2021 Newsletter [Distributed to Members of County Council December 17, 2021]
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Page f)
From the Town of Fort Erie regarding support of City of St. Catharines resolution on Childcare Program [Distributed to Members of County Council December 17, 2021]
g)
From the Township of North Frontenac regarding a Resolution requesting the County hold a Public Meeting on Communal Services [Distributed to Members of County Council December 17, 2021]
h)
From the Village of Hilton Beach regarding a resolution urging the Province to direct MPAC to proceed with assessment update [Distributed to Members of County Council December 17, 2021]
i)
Media Release from Dufferin County announcing its 145th Warden, Shelburne Mayor Wade Mills [Distributed to Members of County Council December 17, 2021]
j)
From the Ministry of Northern Development, Mines and Natural Resources regarding Excess soil municipal notification [Distributed to Members of County Council January 7, 2022]
k)
From the Town of Bradford West Gwillimbury regarding a resolution Against Quebec’s Bill 21 [Distributed to Members of County Council January 7, 2022]
l)
Memorandum from Deputy Minister regarding Omicron Testing and Isolation Guidelines and O’Reg 157-20 [Distributed to Members of County Council January 7, 2022]
m)
From the United Counties of Stormont Dundas Glengary regarding invitation to Rural Education Symposium [Distributed to Members of County Council January 14, 2022]
n)
From the Town of Niagara-on-the-Lake regarding a resolution supporting City of St. Catharines National Childcare Program [Distributed to Members of County Council January 14, 2022]
Other Business Public Question Period By-Laws – General By-laws and Confirmatory By-law a) First and Second Reading Resolved That leave be given the mover to introduce by-laws b) through d) that have been circulated to all Members of County Council and that by-laws b) through d) be read a first and second time. b)
Third Reading Resolved That by-laws a) through d) be read a third time, signed, sealed and finally passed.
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Page By-Laws 97 - 98
a)
To declare lands Legally Described as Part 4 on Reference Plan 13R22551, Part Lot 7, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac, Surplus for the purpose of granting a right-of-way over part of the K&P Trail [Proposed By-law No. 2021-0039]
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b)
To Impose User Fees and Charges for Services [Proposed By-law No. 2022-0001]
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c)
To authorize temporary borrowing for current expenditures for the year 2022 [Proposed By-law No. 2022-0002]
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d)
To confirm all actions and proceedings of County Council on January 19, 2022 [Proposed By-law No. 2022-0003]
Adjournment
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AGENDA ITEM #a)
Minutes of the Regular Meeting of Council December 15, 2021 A regular meeting of the Council of the County of Frontenac was held in electronic format, hosted at the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, December 15, 2021 and was called to order at 9:00 a.m. Regular business commenced at 9:42 am. There was a “Closed Meeting” of the Committee of the Whole from 9:00 am to 9:41 am. Present Electronically:
Warden Denis Doyle, Deputy Warden Ron Higgins, Councillors Ron Vandewal, Fran Smith, Bruce Higgs, Bill MacDonald, Alan Revill and Gerry Martin
Also Present Electronically:
County: Kelly Pender, Chief Administrative Officer Jannette Amini, Manager of Legislative Services/Clerk Alex Lemieux, Director of Corporate Services/Treasurer Gale Chevalier, Chief/Director of Emergency & Transportation Services Joe Gallivan, Director of Planning and Economic Development Susan Brant, Administrator, Fairmount Home Sonya Bolton, Manager of Community Planning Richard Allen, Manager of Economic Development
Closed Session Motion #: 185-21
Moved By: Seconded By:
Councillor MacDonald Councillor Higgs
Resolved That Council resolve itself into Committee of the Whole closed session as authorized under Section 239 of The Municipal Act, to consider:
- Adoption of Closed Minutes of Meetings held November 17, 2021
- A proposed or pending acquisition or disposition of land by the municipality or local board - as it relates to property acquisition for the K&P Trail
- Labour relations or employee negotiations - as it relates to negotiations with OPSEU
- A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board - as it relates to Ontario Health Teams Carried
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AGENDA ITEM #a)
Motion #: 186-21
Moved By: Seconded By:
Councillor Martin Councillor Revill
Resolved That Council rise from Committee of the Whole closed session without reporting Carried Election of Warden and Deputy Warden The Clerk called for nominations for the Office of Warden. a)
Election of Warden
Motion #: 187-21
Moved By: Seconded By:
Councillor Higgs Councillor Smith
Resolved That Councillor Denis Doyle be nominated for the position of Warden for the County of Frontenac. Carried Motion #: 188-21
Moved By: Seconded By:
Councillor Revill Councillor Martin
Resolved That nominations for the Warden of the County of Frontenac are hereby closed. Carried Councillor Doyle accepted the nomination and was confirmed as Warden. The Clerk called for nominations for the Deputy Warden. b)
Election of Deputy Warden
Motion #: 189-21
Moved By: Seconded By:
Councillor Martin Warden Elect Doyle
Resolved That Councillor Ron Higgins be nominated for the position of Deputy Warden for the County of Frontenac. Carried Motion #: 190-21
Moved By: Seconded By:
Councillor Revill Councillor MacDonald
Resolved That nominations for the Deputy Warden of the County of Frontenac are hereby closed. Carried Regular Meeting of Council Minutes December 15, 2021
Page 12 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
Councillor Higgins accepted the nomination and was confirmed as Deputy Warden Declaration of Office of Warden and Deputy Warden Township of North Frontenac Clerk Tara Mieske administered the Declaration of Office to Deputy Warden elect Higgins. Chief Administrative Officer/Deputy Clerk Kelly Pender administered the Declaration of Office to Warden elect Doyle. Chief Administrative Officer/Deputy Clerk Kelly Pender dressed Warden Doyle with the Chain of Office. The Clerk turned the meeting over to Warden Doyle. Warden’s Inaugural Address I would like to start by thanking Councillor Higgs and Councillor Smith for putting my name forward as Warden for the next year and thanks to my fellow Councillors for giving me the opportunity to serve once again as Warden of Frontenac County. I also want to congratulate Deputy Warden Higgins and look forward to working with Ron during 2022. A special thanks to Mayor Vandewal for his work and leadership as Warden during what was a very difficult year during this COVID-19 Pandemic. I’m looking forward to working with Council and the many of Frontenac County’s partners, stakeholders, and constituents in the year ahead. We can expect another hard year with this new Omicron variant and to face the challenges I want to say I am very pleased to work with such a dedicated and experienced council and staff to get us through these difficult times. We have well over 100 years of Municipal Government experience at the meeting. In addition to keeping staff, the public, and Council safe during this COVID pandemic I would like to mention some other priorities that I would like to see us pay particular attention to during 2022: ➢ Implement final stages of communal services project ➢ Continue to work towards 4 hours of care at Fairmount and ensuring all residents and staff are kept safe, and look for novel ways to attract/retain qualified staff ➢ Support the Paramedics in all the extra work they are required to do during the pandemic and look for unique ways to attract and retain qualified staff ➢ Support improved Broad Band and Cell coverage across the Frontenacs ➢ Find ways to do more regarding protection of our environment and support provincial and federal initiatives addressing climate change to reduce CO2
Regular Meeting of Council Minutes December 15, 2021
Page 13 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
➢ Maintain good relations with our Partners, such as Library and Public Health Boards, the City of Kingston and our four lower tier municipalities, EOWC, FLA OHT, Provincial and Federal representatives – to mention a few ➢ Develop plans to attract more residents and encourage environmentally friendly development in our townships using communal services ➢ Enhance support for businesses across Frontenac County and attracted more ➢ Continue working on municipal involvement in Ontario Health Teams and advocate for meaningful governance protecting taxpayers who fund them ➢ Work with the Province to advocate for more funding and support for LTC Homes, Paramedics, Public Health, and other areas we levy taxpayers’ money to operate ➢ Continue to support the K&P Trail initiative and find a way to include all four Municipalities in this most important and major initiative that has been underway for well over 10 years I am sure that you will all agree that we want to pass the governance of Frontenac County in good shape to the new Council in 2023, so I would ask for your support to work on these goals during 2022. Our role as Council is to set the tone for leadership, stewardship, and respect. I am sure that you will all agree that we want to pass the governance of Frontenac County in good shape to the new Council in 2023 so I would ask for your support to work on these goals during 2022. As colleagues who have been entrusted with making decisions on behalf of Frontenac County, we do not have to always agree but need to listen to each other’s opinions in carrying out these responsibilities. Respectful dialogue is a part of a responsible political process, and we should always take each vote as it comes, set aside petty issues, and rise to the challenge in improving the lives of all County citizens and most importantly support the decisions once made by the majority, even if you had misgivings. In carrying out our duties we must show mutual respect and professionalism, looking out for the greater good of the residents of Frontenac County by working together and fostering good relations. With staffs support we will be well equipped to develop and implement creative solutions. I will promote Teamwork; we are all in this together to support taxpayers in Kingston and the Frontenac’s. I look forward to working with all of you in 2022 and wish all the best of the season, Now let’s get on with our last meeting of 2021. Approval of Addendum Disclosure of Pecuniary Interest and General Nature Thereof There were none.
Regular Meeting of Council Minutes December 15, 2021
Page 14 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
Adoption of Minutes a)
Minutes of Meeting held November 17, 2021
Motion #: 191-21
Moved By: Seconded By:
Councillor Vandewal Councillor Smith
Resolved That the minutes of the regular Council meeting held November 17, 2021 be adopted. Carried Deputations and/or Presentations Proclamations Move into Committee of the Whole Motion #: 192-21
Moved By: Seconded By:
Councillor MacDonald Councillor Higgs
That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Carried Briefings a)
Mike Carrier, Michaella Hynes and Janelle Treash, on behalf of a Student Team from the School of Urban & Regional Planning at Queen’s University, that have been acting as consultants for the Planning Department in reviewing methodologies and approaches for a new Natural Heritage Strategy for the County provided Council with a briefing of a summary of their findings and recommendations. Please Note: The information that was presented, which the County does not have control over, was not in an accessible format but can be provided upon request.
Councillor Smith lost connectivity to the meeting at 10:20 a.m. b)
Mr. Kelly Pender, Chief Administrative Officer, provided Council with his monthly CAO briefing.
Councillor Smith regained connectivity to the meeting at 10:40 a.m.
Regular Meeting of Council Minutes December 15, 2021
Page 15 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
Unfinished Business Recommend Reports from the Chief Administrative Officer a)
2021-111 Corporate Services 2021 Fairmount Home Accounts Receivables Write-Offs
Motion #: 193-21
Moved By: Seconded By:
Councillor Smith Warden Doyle
Resolved That the Council of the County of Frontenac receive this Corporate Services – 2021 Fairmount Home Accounts Receivable Write-Offs report; And Further That Council authorize the Treasurer to write off accounts totaling $4,137.90. Carried b)
2021-112 Corporate Services 2021 Canada Community-Building Fund Allocation
Motion #: 194-21
Moved By: Seconded By:
Councillor Vandewal Councillor Martin
Resolved That the Council of the County of Frontenac accept the Corporate Services – 2021 Canada Community-Building Fund Distribution By-law report; And Further That the Clerk be directed to bring forward a by-law to authorize the distribution of the Canada Community-Building Fund allocation to the Townships for 2021. Carried c)
2021-113 Corporate Services 2022 Draft Budget Revision
Motion #: 195-21
Moved By: Seconded By:
Councillor Revill Councillor MacDonald
Resolved That the Council of the County of Frontenac receive the Corporate Services 2022 Draft Budget Revision Report, And Further That Council amend the budget to reflect the adjustments outlined in the report. And Finally That the Council of the County of Frontenac pass a by-law later in the meeting approving the 2022 Budget. Carried Regular Meeting of Council Minutes December 15, 2021
Page 16 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
d)
2021-114 Corporate Services 2022 Tax Ratios and Tax Rate Reductions Motion #: 196-21 Moved By: Councillor Higgs Seconded By: Councillor Smith Resolved That the Council of the County of Frontenac accept this Corporate Services – 2022 Tax Ratios and Tax Rate Reductions report; And Further That Council consider a by-law, introduced later in the meeting, to confirm 2022 the tax ratios and tax rate. Carried e)
2021-115 Emergency and Transportation Services Authorization to enter into a Purchasing Contract with HealthPRO Procurement Services Inc.
Motion #: 197-21
Moved By: Seconded By:
Councillor Vandewal Councillor Martin
Resolved That the Council of the County of Frontenac receive the Emergency and Transportation Services –Frontenac Paramedics – Purchasing Contract with HealthPRO And Further That the Council of the County of Frontenac authorize the Treasurer to execute an agreement with HealthPRO Procurement Services Inc. Carried f)
2021-116 Planning and Economic Development Request to Declare Lands as Surplus for the Purpose of a Right-ofWay over the Frontenac K&P Trail at Part Lots 7 and 8, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac
Motion #: 198-21
Moved By: Seconded By:
Councillor MacDonald Councillor Revill
Resolved That the Council of the County of Frontenac receive the Planning and Economic Development report – Request to Declare Lands as Surplus for the Purpose of a Right-of-Way over the Frontenac K&P Trail at Part Lot 7, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac; And Further That in accordance with By-law Number 17-1995, the Council of the County of Frontenac pass a by-law later in the meeting to declare lands legally described as Part 4 on Reference Plan 13R22551, Part Lot 7, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac surplus for the purpose of granting a right-of-way over part of the K&P Trail right-of-way in favour of a
Regular Meeting of Council Minutes December 15, 2021
Page 17 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
property identified as Parts 5 and 6 on Reference Plan 13-R22551, Part Lot 7, Concession 2, Geographic Township Hinchinbrooke, Township of Central Frontenac for the purpose of accessing this newly created lot. And Further That Council of the County of Frontenac authorize staff to execute the necessary legal agreements to provide the above-noted legal right-of-way to the adjacent landowner subject to the following conditions:
- All surveying and legal fees be borne by the landowner;
- The right-of-way across the K&P Trail shall be surveyed to a minimum of 10 meters (33 feet) along the frontage of both lots to gain access across the trail; and,
- The trail crossing on County lands will be upgraded, at the expense of the applicant, to the Frontenac County Private Roads (Lanes) Study standards, and in such a way to ensure the trail surface will not be exposed to unnecessary damage or deterioration from the improved crossing. Consideration will also be given to drainage. This work will be completed to the satisfaction of the Manager of Economic Development, or their designate. And Further That the Clerk be directed to give public notice of Council’s intention in accordance with By-Law Number 17-1995. Carried g)
2021-117 Corporate Services 2022 Tax Rate
Motion #: 199-21
Moved By: Seconded By:
Councillor Martin Councillor Higgs
Resolved That Council of the County of Frontenac accept this Corporate Services 2022 Tax Rate report; And Further That Council consider a by-law, introduced later in the meeting, to establish the 2022 tax rates. Carried h)
2021-121 Office of the Chief Administrative Officer Authorization to enter into a Memorandum of Understanding (MOU) with the Township of Frontenac Islands Regarding the Day-to-Day Management of the Frontenac Howe Island County Ferry
Motion #: 200-21
Moved By: Seconded By:
Councillor Smith Councillor Vandewal
Be It Resolved That the Warden and Clerk be authorized to execute a Memorandum of Understanding with the Township of Frontenac Islands for the Day-to-Day Management of the Frontenac Howe Island County Ferry. Carried Regular Meeting of Council Minutes December 15, 2021
Page 18 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
i)
2021-122 Corporate Services Interim Approval of 2022 Expenditures
Motion #: 201-21
Moved By: Seconded By:
Councillor MacDonald Councillor Higgs
Resolved That the Council of the County of Frontenac receive the Corporate Services – Interim Approval of 2022 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 2021 budget and non-discretionary 2022 accounts as invoiced, until such time as the 2022 budget has been adopted. Carried j)
2021-123 Planning and Economic Development Authorization to use Capital Reserve to investigate options for Elbow Creek Bridge
Motion #: 202-21
Moved By: Seconded By:
Councillor Smith Councillor Vandewal
That Council authorize the use of JL Richards as a single-source procurement for the purpose of preparing a report to investigate options for the remediation or replacement of Elbow Creek Bridge And Further That Council authorize the use of reserve funds from the Capital Replacement Reserve to fund the options report for the remediation or replacement of Elbow Creek Bridge. Carried Information Reports from the Chief Administrative Officer Reports from Council Liaison Appointees a)
Fairmount Home - Councillor Martin Reports from External Boards and Committees Reports from Advisory Committees of County Council
Regular Meeting of Council Minutes December 15, 2021
Page 19 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
Return to Council Motion #: 203-21
Moved By: Seconded By:
Councillor Martin Councillor Revill
That Council revert from Committee of the Whole Council, to Council. Carried Adoption of the Report of the Committee of the Whole Council Motion #: 204-21
Moved By: Seconded By:
Deputy Warden Higgins Councillor MacDonald
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 a)
Deputy Warden Higgins advised he will bring forward a motion, seconded by Councillor Martin to request that a Public Meeting and Consultation be held regarding the Communal Services project.
b)
Deputy Warden Higgins advised he will bring forward a motion, seconded by Councillor Revill to request implementation of Community Paramedicine Services for the Township of North Frontenac. Communications
That Council consent to the following communications of interest to Council listed below be received and filed: a) b) c) d)
From the City of Kitchener regarding a resolution on Liquor License Sales and Patio Extensions [Distributed to Members of County Council November 19, 2021] From the Township of Alnwick Haldimand regarding a Resolution on Teen Driver Safety Week Review Measures of Newly Licensed Drivers [Distributed to Members of County Council November 17, 2021] From the Municipality of Chatham-Kent regarding a resolution for financial support for the Vaccine Passport Program [Distributed to Members of County Council November 17, 2021] From the Municipality of Chatham-Kent regarding a resolution supporting the Homelessness Task Force [Distributed to Members of County Council November 17, 2021]
Regular Meeting of Council Minutes December 15, 2021
Page 20 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
e) f) g) h) i) j) k) l) m) n) o) p) q) r) s)
From the Municipality of Chatham-Kent regarding a resolution to address Renovictions [Distributed to Members of County Council November 17, 2021] From the Town of LaSalle Resolution regarding a resolution on COVID-19 Testing Requirements [Distributed to Members of County Council November 17, 2021] From the Town of Plympton-Wyoming regarding a resolution concerning Postponement of Property Assessment Update [Distributed to Members of County Council November 17, 2021] From Northumberland County regarding a Resolution on Federal and Provincial Funding of Rural Infrastructure Projects [Distributed to Members of County Council November 26, 2021] From the Regional Municipality of Durham regarding a resolution on Bus Stop Dead End Roads [Distributed to Members of County Council November 26, 2021] From the Township of Adelaide Metcalfe regarding a resolution requesting Federal and Provincial Rural Infrastructure Funding [Distributed to Members of County Council November 26, 2021] From the Township of Amaranth regarding a resolution of support for the Province direct MPAC to proceed with a province wide assessment update [Distributed to Members of County Council November 26, 2021] From the Township of Wainfleet regarding a resolution requesting Federal and Provincial Rural Infrastructure Funding [Distributed to Members of County Council November 26, 2021] From the Village of Thornloe regarding a resolution of support for the Province direct MPAC to proceed with a province wide assess [Distributed to Members of County Council November 26, 2021] From the City of Kitchener regarding a resolution on Conversion Therapy [Distributed to Members of County Council December 3, 2021] From the City of Kitchener regarding a resolution on Fire Safety Measures [Distributed to Members of County Council December 3, 2021] From the City of St. Catharines regarding a resolution on a National Childcare Program [Distributed to Members of County Council December 3, 2021] From the Town of Georgina regarding a resolution on lack of options for recycling boat shrink wrap [Distributed to Members of County Council December 3, 2021] From the town of Penetanguishene regarding a Letter to Attorney General on Recidivism Rates [Distributed to Members of County Council December 10, 2021] From the Township of Scugog regarding a Resolution of support for Region of Durham Bus Stop Dead End Roads [Distributed to Members of County Council December 10, 2021] Other Business Public Question Period
Regular Meeting of Council Minutes December 15, 2021
Page 21 of 113 Minutes of Meeting held December 15, 2021
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AGENDA ITEM #a)
By-Laws – General By-laws and Confirmatory By-law Councillor Vandewal requested that By-law e) be separated. a)
First and Second Reading
Motion #: 207-21
Moved By: Seconded By:
Councillor Higgs Councillor Smith
Resolved That leave be given the mover to introduce by-laws b) through d) and f) through i) that have been circulated to all Members of County Council and that by-laws b) through d) and f) through i) be read a first and second time. Carried Motion #: 208-21
Moved By: Seconded By:
Councillor Higgs Councillor Smith
Resolved That leave be given the mover to introduce by-law e) that has been circulated to all Members of County Council and that by-law e) be read a first and second time. Carried (7:2) (See Recorded Vote) A Recorded Vote was requested by Councillor Vandewal Yeas:
Warden Doyle, Deputy Warden Higgins, Councillor Higgs, Councillor MacDonald, Councillor Martin, Councillor Revill, Councillor Smith (7)
Nays:
Councillor Vandewal (count 2)
b)
Third Reading
Motion #: 209-21
Moved By: Seconded By:
Councillor Higgs Councillor Smith
Resolved That by-laws a) through d), f) through g) and i) be read a third time, signed, sealed and finally passed. Carried Motion #: 210-21
Moved By: Seconded By:
Councillor Higgs Councillor Smith
Resolved That by-law e) be read a third time, signed, sealed and finally passed. Carried (7:2) (See Recorded Vote) A Recorded Vote was requested by Councillor Vandewal Regular Meeting of Council Minutes December 15, 2021
Page 22 of 113 Minutes of Meeting held December 15, 2021
Page 12 of 14
AGENDA ITEM #a)
Yeas:
Warden Doyle, Deputy Warden Higgins, Councillor Higgs, Councillor MacDonald, Councillor Martin, Councillor Revill, Councillor Smith (7)
Nays:
Councillor Vandewal (count 2) By-Laws
a)
To declare lands Legally Described as Bedford Con 2 PT Lot 30, save and except Bedford Con 2 PT Lot 30 RP 13R19158 Part 4 Surplus for the Purposes of Correcting a Previous Land Purchase Registration Error [Proposed By-law No. 2021-0032]
b)
To appoint the Warden and the Deputy Warden for the 2022 Council year [Proposed by-law No. 2021-0034]
c)
To set tax ratios and tax rate reductions for prescribed property subclasses for County of Frontenac purposes and Local Municipal purposes for the taxation year 2022. [Proposed By-law No. 2021-0035]
d)
To establish Tax Rates for the year 2022 for the purposes of the County of Frontenac and to establish rates to be levied for same against the Townships of Frontenac Islands, South Frontenac, Central Frontenac and North Frontenac [Proposed By-law No. 2021-0036]
e)
To adopt the estimates for the sums required during the year 2022 for the purposes of the County of Frontenac [Proposed By-law No. 2021-0037]
f)
To authorize the Corporation of the County of Frontenac to distribute the Canada Community Building Fund amongst its four lower-tier municipalities [Proposed By-law No. 2021-0038]
g)
To Authorization the Warden and Clerk to enter into a Memorandum of Understanding (MOU) with the Township of Frontenac Islands for the Dayto-Day Management of the Frontenac Howe Island County Ferry [Proposed By-law No. 2021-0040]
h)
To declare lands Legally Described as Part 4 on Reference Plan 13R22551, Part Lot 7, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac, Surplus for the purpose of granting a right-of-way over part of the K&P Trail [Proposed By-law No. 2021-0039] 1st and 2nd Reading only
i)
To confirm all actions and proceedings of County Council on December 15, 2021 [Proposed By-law No. 2021-0041]
Regular Meeting of Council Minutes December 15, 2021
Page 23 of 113 Minutes of Meeting held December 15, 2021
Page 13 of 14
AGENDA ITEM #a)
Adjournment Motion #: 211-21
Moved By: Seconded By:
Councillor Vandewal Councillor Smith
That the meeting hereby adjourn at 11:03 a.m. Carried
Denis Doyle, Warden
Regular Meeting of Council Minutes December 15, 2021
Page 24 of 113 Minutes of Meeting held December 15, 2021
Jannette Amini, Clerk
Page 14 of 14
January 19, 2022 Report 2022-01
Page 25 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Administrative Report
AGENDA ITEM #a)
Page 26 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
CAO Schedule • • •
EOWC Inaugural Meeting January 5 and 6, 2022 EOLC Board Meeting January 12, 2022 County Council, January 19, 2022
AGENDA ITEM #a)
Page 27 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Update – EOWC and EOLC • EOWC – Inaugural Meeting January 5 and 6 – Preparation for ROMA Delegations
• EOLC AGENDA ITEM #a)
– Meeting on January 12, 2022 – EOI for Expression of Interest for Services – Project Updates
Page 28 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
AMO Provincial and Federal Matters Provincial Matters On-Site and Excess Soil Management Regulation (O. Reg 406/19) came into effect on January 1, 2022. You can review the webinar AMO hosted on the changes here.
AGENDA ITEM #a)
Page 29 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Policy Updates January 5, 2022 Two Calls to Action (Joint & Several Liability and CN’s compliance with the Drainage Act) and updates on issues of municipal concern, including health care, housing, and cannabis. Report and Proposed Motion on the Agenda
AGENDA ITEM #a)
Page 30 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Admin Office Project Update • • • • •
Go to tender in January 2022 Vendor responses – end of February 2022 Contract awarded April or May and begin project. Phasing and timing TBD
ALL SUBJECT TO FINAL APPROVALS BY COUNTY COUNCIL AND CRCA
AGENDA ITEM #a)
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Communications Update, December 2021 Website Pageviews FrontenacCounty.ca InFrontenac.ca FrontenacMaps.ca
Social Media Engagement County Facebook County Twitter County Instagram FPS Twitter Visit Frontenac Facebook Visit Frontenac Twitter Visit Frontenac Instagram Fairmount Facebook H.I. Ferry Twitter
3,482 364
Total engagements in December Change from November 2021 Change from December 2020
55,752 8% 30%
1,370 263 40 1,869 6,596
AGENDA ITEM #a)
Audiences watched 825 hours of video in 6,800 user sessions on the Frontenac County Youtube channel last year. We will begin regular reporting of Youtube engagements in this space beginning next month.
30,493 7,163 4,112
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Around Frontenac: The sad fate of Spt. van Hartingsveldt’s moustache as part of Movember Canada campaign, a kind donation to Fairmount residents by LaSalle Secondary School students, Frontenac Paramedics’ mass vaccination efforts, and repairs to the Frontenac Howe Islander are among the most engagedwith material published in December.
AGENDA ITEM #a)
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Planning Department Update South Frontenac New Official Plan • County planning staff participated in an online workshop on January 12 with Township staff and the project team to discuss next steps for the OP.
•
Sharbot Lake School Site Redevelopment – Feasibility Study • Work on the feasibility study for redeveloping the former Sharbot Lake school site on communal services is progressing well. Staff are planning an online engagement event for early to mid February. More detail to follow once a final date has been selected.
•
Administrative Updates • Staff are in the process of conducting research on several administrative process improvements, including planning fees and delegated authority, as well as recent provincial changes to the Planning Act. Reports will be provided to township councils in the coming months.
AGENDA ITEM #a)
•
Page 34 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Planning Application Update - Townships • Applications in Central were high for December, while agendas were lighter in January for all three townships due to the holiday break, winter weather, and no COA meeting scheduled for Central.
14
14 13 12 11 10 9 8 7 6 5 4 3 2 1 0
0
0 North Frontenac
Central Frontenac Number of Applications
Frontenac Islands
AGENDA ITEM #a)
• With a record number of 174 applications processed in 2021, this year is expected to continue to be busy, especially once winter is over and septic inspections resume.
15
Page 35 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Economic Development Destination Development Plan Virtual Town Halls The consultant has been compiling input from community members, business owners, operators, municipal staff, tourism organizations and other key participants and it is now time to circle back and confirm the priorities with the community. Meeting Dates: • Friday, January 21 at 1:00 pm • Tuesday, January 25 at 7:00 pm Learn more and register in advance for one or both Town Halls at engagefrontenac.ca/destinationplan
AGENDA ITEM #a)
Business Survey The annual business survey will launch later this month. More information at engagefrontenac.ca/2022-Frontenac-business-survey
Page 36 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
K&P Trail Verona Trailhead Site has been levelled and graded. Additional work to finalize the site, pave and improve accessibility will be completed in May. Hinchinbrooke Station Improvements to parking were made at the former Hinchinbrooke Station, located where the K&P crosses Road 38 near White Lake Road. This is a popular access point for walkers and cyclists.
Hinchinbrooke Station
AGENDA ITEM #a)
Snowmobile Season Snowmobile season has not yet begun, more snow will be required to groom the trails appropriately. In 2021, the season began in late January and lasted approximately 8 weeks.
Verona Trailhead
Page 37 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
2021 HR Update
AGENDA ITEM #a)
• 621 competitions during 2021 • Arbitration – 2 grievances resolved • CUPE 109 bargaining – Jan 24; OPSEU – Feb 2 • SLT Succession Management Review meeting • HRIS RFP with UCLG – December; Proponent presentations – January 6-13
Page 38 of 113 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative
Other Staff Updates • Congratulations to Deb Crawford, Executive Assistant at Fairmount Home on her retirement at the end of January 2022
AGENDA ITEM #a)
AGENDA ITEM #a)
Report 2022-003 Recommend Report to Council To:
Warden and Members of County Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Kelly J. Pender, Chief Administrative Officer
Date of meeting:
January 19, 2022
Re:
Office of the Chief Administrative Officer – Support of the Association of Municipalities of Ontario (AMO) Submission to the Attorney General on Liability and Insurance Cost Reforms
Recommendation Whereas municipal governments provide essential services to the residents and businesses in their communities; and Whereas the ability to provide those services is negatively impacted by exponentially rising insurance costs; and Whereas one driver of rising insurance costs is the legal principle of ‘joint and several liability,’ which assigns disproportionate liability to municipalities for an incident relative to their responsibility for it; and Whereas, the Government of Ontario has the authority and responsibility for the legal framework of ‘joint and several liability;’ and Whereas the Premier of Ontario committed to review the issue in 2018 with a view to helping municipal governments manage their risks and costs; and Whereas the Association of Municipalities of Ontario on behalf of municipal governments has provided recommendations in this source document to align municipal liability with the proportionate responsibility for incidents and capping awards;
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AGENDA ITEM #a)
Now Therefore Be It Resolved That the Corporation of the County of Frontenac does hereby support AMO’s recommendations; and And Further That the Corporation of the County of Frontenac does hereby call on the Attorney General of Ontario to work with municipal governments to put forward a plan of action to address “joint and several liability” before the end of the government’s current term so that municipalities can continue to offer high quality services to their communities. And Further That a copy of this resolution be forwarded to The Honourable Doug Downey, Attorney General of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario (AMO) President Jamie McGarvey, and the Eastern Ontario Warden’s Caucus (EOWC) Chair. Background On July 12, 2019 following an initial announcement made at the annual Rural Ontario Municipalities Association (ROMA), Attorney General Doug Downey wrote to the province’s municipalities regarding joint and several liability consultations. The consultations were open until September 27, 2019, with the Attorney General welcoming delegations and written submissions. On September 27, 2019, the AMO Board approved a submission on joint and several liability entitled, “A Reasonable Balance: Addressing growing municipal liability and insurance costs.” AMO President Jamie McGarvey forwarded the report to the Attorney General, The Honourable Doug Downey for consideration. AMO encouraged municipal councils to endorse the report and its recommendations which included seven key recommendations on actions which the government could take to reduce the negative impact of joint and several liability on municipalities and built on previous reports and reasserts key issues from AMO’s 2010 paper, AMO’s 2011 insurance cost survey, provided more recent examples, and detailed some possible solutions of which there are many options. The Ministry of the Attorney General agreed to accept municipal resolutions up until November 1, 2019. As a result, at its regular meeting held October 16, 2019, Council passed the following resolution, being Recommend Reports from the Chief Administrative Officer, clause b):
Recommend Report to Council Office of the Chief Administrative Officer – Support of the Association of Municipalities of Ontario (AMO) Submission to the Attorney General on Liability and Insurance Cost Reforms January 19, 2022 Page 2 of 4
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AGENDA ITEM #a)
b)
2019-119 Corporate Services Support of the Association of Municipalities of Ontario (AMO) Submission to the Attorney General on Liability and Insurance Cost Reforms
Motion #: 175-19
Moved By: Seconded By:
Councillor Doyle Warden Higgins
Be It Resolved That the Council of the County of Frontenac receive for information the Corporate Services – Support of the Association of Municipalities of Ontario (AMO) Submission to the Attorney General on Liability and Insurance Cost Reforms report; And Further That the Council of the County of Frontenac endorse the report and its recommendations, those being:
- The provincial government adopt a model of full proportionate liability to replace joint and several liability.
- Implement enhancements to the existing limitations period including the continued applicability of the existing 10-day rule on slip and fall cases given recent judicial interpretations, and whether a 1-year limitation period may be beneficial.
- Implement a cap for economic loss awards.
- Increase the catastrophic impairment default benefit limit to $2 million and increase the third-party liability coverage to $2 million in government regulated automobile insurance plans.
- Assess and implement additional measures which would support lower premiums or alternatives to the provision of insurance services by other entities such as non-profit insurance reciprocals.
- Compel the insurance industry to supply all necessary financial evidence including premiums, claims, and deductible limit changes which support its, and municipal arguments as to the fiscal impact of joint and several liability.
- Establish a provincial and municipal working group to consider the above and put forward recommendations to the Attorney General. And Further That a copy of this resolution be forwarded to The Honourable Doug Downey, Attorney General of Ontario and the Association of Municipalities of Ontario (AMO). Carried Comment Although the review was conducted in 2019 with AMO and municipalities fully participating, to date, the results of this provincial review have not been released and municipalities are still awaiting news of how the Attorney General will address this important matter. Liability and risks are one major driver of exponentially increasing insurance costs. However, managing risk and liability also has environmental impacts such as road salt application affecting wetlands and water quality in our lakes and streams. Recommend Report to Council Office of the Chief Administrative Officer – Support of the Association of Municipalities of Ontario (AMO) Submission to the Attorney General on Liability and Insurance Cost Reforms January 19, 2022 Page 3 of 4
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AGENDA ITEM #a)
AMO is now asking for municipal councils to lend their support to the 7 recommendations contained in the AMO submission to re-establish the priority for provincial action on this issue. Councils are encouraged to pass a resolution when they next meet to ask the government to work with us on a plan for resolution before the end of its current mandate. Strategic Priority Implications Priority 3 - Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach of their individual mandates and jurisdictions. The County will provide leadership in coordinating joint action with townships, the City of Kingston and other partners to develop solutions to complex problems otherwise beyond the reach of their individual formal mandates and jurisdictions. Specific Objectives in support of this strategy: 3.3 Continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services. Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Association of Municipalities of Ontario Eastern Ontario Wardens’ Caucus
Recommend Report to Council Office of the Chief Administrative Officer – Support of the Association of Municipalities of Ontario (AMO) Submission to the Attorney General on Liability and Insurance Cost Reforms January 19, 2022 Page 4 of 4
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AGENDA ITEM #c)
Report 2022-005 Council Recommend Report To:
Warden and Members of Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Richard Allen, Manager of Economic Development
Date of meeting:
January 19, 2022
Re:
Planning and Economic Development – Report from Mr. Wayne Robinson regarding the merits of requiring Trail Permits for motorized vehicles on the K&P Trail
Recommendation Be It Resolved That the Council of the County of Frontenac receive the report from Mr. Wayne Robinson regarding the merits of requiring Trail Permits for motorized vehicles on the K&P Trail; And Further That the County of Frontenac direct staff to prepare a comprehensive Bylaw on the Care and Use of the K&P Trail, including the requirement for trail permits for all motorized vehicles; And Further That staff be directed to continue to work with Mr. Robinson in negotiating with the Ontario Federation of ATV’s (OFATV), the Eastern Ontario Trails Alliance (EOTA) and the Ontario Federation of Snowmobile Clubs (OFSC) on the development of a Joint Usage Agreement for the K&P Trail; And Further That staff bring back a report and By-law to Council for final consideration in Q2, 2022. Background At its regular meeting held September 15, 2021, Council received Report 2021-076, Planning and Economic Development - Frontenac K&P Trail Management Plan Final Approval. The report noted how the County has pursued the development of the Frontenac K&P Trail since 2009 with the re-establishment to date of 70 kilometres of the former K&P rail corridor into a multi-use recreational trail, and the significant increase of
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AGENDA ITEM #c)
trail use being observed. This in turn created the demand for increased amenities and policies to ensure a safe and enjoyable experience for users of all ages and abilities. The Management Plan, which would provide clear expectations of third-party partners or contractors who may be utilized as management support, would allow staff to proceed to develop and implement a K&P Trail By-law in order to provide enforcement measures to the Ontario Provincial Police and municipal bylaw officers when responding to issues of safety and property on and along the K&P Trail. Aside from approval of the plan being postponed to permit discussions with all Townships, as well as a number of amendments made, Council did pass an additional resolution as follows: Motion #: 146-21
Moved By: Seconded By:
Councillor Higgins Councillor Smith
Be It Resolved That Mr. Wayne Robinson be appointed to lead the Trail User Fee System to maintain the Trail and to report back to Council, including options for generating revenue. Carried Comments Mr. Robinson was officially notified of the Council resolution appointing him to lead the Trail User Fee System to maintain the Trail and to report back to Council, including options for generating revenue on September 28, 2021. He responded with his willingness to carry out this role and that as part of the process, his intention would be to speak to the Mayors about their positions and take some guidance from them about who might also be involved as part of this review. As noted in the correspondence provided by Mr. Robinson as part of his review, he had reached out to several stakeholders in the region concerning how other organizations and municipal bodies are dealing with the revitalization and long-term maintenance of their trail systems. Mr. Robinson also consulted with both the OFATV and the EOTA regarding trail permits. Based on these consultations, a number of recommendations are being proposed by Mr. Robinson for Council’s consideration. A copy of Mr. Robinson’s report is attached to this report as Appendix A. Strategic Priorities Implications Priority 1 Get behind plans that build community vitality and resilience in times of growth and change. 2.2
Refine and invest in efforts to accelerate economic development — to grow businesses, attract more visits and expand the tax base.
Corporate Services – Report from Mr. Wayne Robinson regarding the merits of requiring Trail Permits for motorized vehicles on the K&P Trail January 19, 2022 Page 2 of 3
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AGENDA ITEM #c)
Priority 3 Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach of individual mandates and jurisdictions. 3.3
Continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services.
Financial Implications There are no costs directly associated with this report. Should Council support the requirement of a trail permit for motorized vehicles, any revenue received from partners will be directed towards the development and maintenance of the K&P Trail and related infrastructure. Organizations, Departments and Individuals Consulted and/or Affected Wayne Robinson, Volunteer Joe Gallivan, Director of Planning and Economic Development Alex Lemieux, Director of Corporate Services/Treasurer Marc Moeys, President of the Verona District ATV Club Tom Milc, President of the Ottawa Valley ATV Club Cindy Cassidy, Executive Director of the Eastern Ontario Trails Alliance (EOTA) Snow Road Snowmobile Club L&A Ridgerunners Snowmobile Club Ontario Federation of ATV Clubs (OFATV) Ontario Federation of Snowmobile Clubs (OFSC)
Corporate Services – Report from Mr. Wayne Robinson regarding the merits of requiring Trail Permits for motorized vehicles on the K&P Trail January 19, 2022 Page 3 of 3
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AGENDA ITEM #c)
December 22nd, 2021
Mr. Kelly Pender, CAO County of Frontenac, 2069 Battersea Road, Glenburnie, Ontario, K0H 1S0 Re: Trail Permits Project Dear Mr. Pender: I am pleased that I was given the opportunity to work on this project to look at the merits of the County of Frontenac requiring trail permits for motorized vehicle on the K & P Trail. I have spoken with many stakeholders in the region concerning how other organizations and municipal bodies are dealing with the revitalization and longterm maintenance of their trail systems. As well I have consulted with both the OFATV and the EOTA about the matter of trail permits and both organizations have provided input to my work. The County of Frontenac has been and continues to be a leader in the development of trails with its impressive and extensive work on revitalizing the K & P trail. When that work is completed then long-term care and maintenance of the trails will be required. Primarily, it is my opinion, that the County needs to always consider that it is the legal owner of the K & P trail and as the owner the oversight and care of that asset falls to the County. At the same time, as a multi-use trail the users have a strong obligation to contribute to the costs of the trail.
The Simonett Building • 14216 Highway #38 • Sharbot Lake, Ontario • K0H 2P0 PHONE: (613) 279-2116 • TOLL FREE: (877) 279-2116 • FAX: (613) 279-3130 • EMAIL: info@robinsonsgroup.com
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AGENDA ITEM #c)
At this time, the primary users of the K & P trail are the Eastern Ontario Trail Alliance (EOTA), the Ontario Federation of ATV’s (OFATV), the Ontario Federation of Snowmobile Clubs (OFSC) and the unmotorized users such as walkers and bikers. The OFSC is provincially regulated, and it is a legal requirement that all snowmobiles must have a trail permit and that requirement is enforced by the OPP and the clubs themselves. The County of Lanark requires trail permits for motorized vehicles for their trail network and I understand that Renfrew County is in the process of moving to a similar position. Any trails managed by the EOTA also require trail permits. The funds raised by trail permits should primarily be used in improving and maintaining trails and in my discussions, that is a very high commitment from both the EOTA and the OFATV. Presently, the EOTA and the OFATV charge $150.00 per year for trail permits. Many users on the K & P trail do not have trail permits and therefore their requirement for a permit is not in place. It therefore is my recommendation that the County of Frontenac pass a motion that trail permits are required for all motorized vehicles using the K & P and in turn instruct staff to prepare a comprehensive bylaw for approval by Council. The OFATV and the EOTA already have robust membership processing systems in place so the County will not be required to implement any systems for collecting and monitoring the process. I further recommend that the County enter into a four-way agreement with the OFATV (represented by local clubs), the EOTA and the OFSC for a joint usage agreement for the K & P trail. As well that a joint working committee be established with representation from all four organizations to work on the longterm care and maintenance of the K & P trail system co-operatively and collaboratively. With this bylaw in place there will be a marked increase in trail permit sales and as an offer of goodwill by the OFATV and EOTA they will contribute a minimum of $20.00 per trail permit sold to residents of Frontenac County. As well the organizations have indicated that they intend that most of the funds they raise will be spent on capital projects and other maintenance costs for their trails. The OFSC presently spends most of its funds on winter grooming and special projects. As well it is my recommendation that some effort be made to organize a “friends of the trail” committee to encourage other users such as hikers and bikers to contribute to the well-being of the trail.
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AGENDA ITEM #c)
I have maintained detailed notes of my various meetings and discussions with various stakeholders and I am most willing to answer any questions you might have about those interviews and my recommendations. Again, thank you for having the confidence in me to head up this project. Respectfully, Wayne Robinson Volunteer
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AGENDA ITEM #d)
Report 2022-006 Recommend Report To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Alex Lemieux, Director of Corporate Services/Treasurer
Date of meeting:
January 19, 2022
Re:
Corporate Services – 2022 User Fees and Charges By-Law
Recommendation: Resolved That County Council receive the Corporate Services – 2022 User Fees and Charges By-Law report; And Further That Council pass a by-law later in the meeting to Impose User Fees and Charges for Services and rescind By-law 2021-0001 being a By-law to Impose User Fees and Charges for Services. Background Subsections 391 (1) and (3) of the Municipal Act, 2001 S.O. 2001, c. 25, as amended authorize a municipality to impose fees or charges including costs incurred by the municipality related to administration, enforcement and the establishment, acquisition and replacement of capital assets. Subsection 394 (1) outlines restrictions on the imposition of user fees or charges. Comment Administration:
Fees are charged for photocopying, faxing, document research and provision of GIS documents. No change is proposed to the current fees; however fees charged with respect to requests made under the Municipal Freedom of Information and Protection of Privacy Act
Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022
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AGENDA ITEM #d)
are found in Ontario Regulation 460/823 and are identified as a separate fee. (Schedule A) The County will also require a Facility fee for use of the Bud Clayton Memorial Room, the Frontenac Room and the Kingston Frontenac Rotary Auditorium (Schedule B) Land Use Planning: The approval of the User Fee by-law in January of 2018, Report 2018-023 identified that a comprehensive review of land use planning fees (including review of comparator municipalities) should be completed every two years to ensure that the fee meets only the anticipated costs of processing the application and that the County remains competitive with neighbouring municipalities. Planning fees were last revised in 2020 with no changes proposed for 2022. A comprehensive review will be conducted later in 2022 with any changes from the review to be brought forward in the 2023 User Fees and Charges report. Land Use Policy:
At the September 17, 2014 Council Meeting, Council adopted a County Land Use Policy in response to citizen land use requests on County owned property. Fees for certain types of land use were added to the Fees and Fares by-law noted below as Schedule F. These fees are for the application and inspection process which is based upon 4 to 8 hours for pre and post inspection and administration by County staff. These types of land use agreements are required to be registered with the Land Registry Office which is done by the County solicitor, with the cost being borne by the requester.
Fairmount Home:
Charges are applied for catering activities. The County also provides telephone, satellite television service and Wi-Fi to the residents of Fairmount Home. (Schedule D)
Frontenac Paramedics are requested occasionally to provide services at community events. The rate for cost recovery on these services has been reviewed and changes are recommended to Schedule E based on changes in wage rates and the increased cost of vehicles and equipment. Frontenac-Howe Islander Ferry: The rates are set annually prior to year-end for the next calendar year by separate County By-law. Strategic Priorities Implications Good governance and legislative compliance falls under Other Important and Continuing County Priorities, specifically: ➢ Continually improve customer and financial services
Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022
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Page 2 of 12
AGENDA ITEM #d)
Financial Implications The user fees and charges for services rates have been reflected in the 2022 Budget to the extent these could be estimated. All fees, other than for exempt services, are subject to the applicable taxes. Organizations, Departments and Individuals Consulted and/or Affected Gale Chevalier, Chief/Director of Emergency and Transportation Services Susan Brant, Administrator, Fairmount Home Joe Gallivan, Director of Planning and Economic Development Kevin Farrell, Manager of Continuous Improvement and GIS Phil Piasetzki, Deputy Treasurer
Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022
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Page 3 of 12
AGENDA ITEM #d)
Schedule A Fees for Services for County Administration and Geographic Information System (GIS) Mapping Administration Photocopying (per copy)
$0.25
Faxing (per page)
$1.00
Archival Material Search – Hourly Rate
$35.00
Document Searches (pursuant to MFIPPA)1 per hour
$30.00
Geographic Information System (GIS) And Map-Related Products Digital True Colour Ortho-Photography for 2008, 2014 and 2019 (1km x 1km tiles MrSID, JPEG2000, GeoTIFF); $50.00 per tile Printed Map Products Small Basic Map (8½” x 11”; no customization) Black and white
$6.00
Colour
$8.00
Medium Basic Map (11” x 17”; no customization) Black and white
$10.00
Colour
$12.00
Large Basic Map (no customization, exceeds 11” x 17” and up to 42” wide; requires the use of large scale GIS plotter) $30.00 Custom Map Products Hourly Rate (includes mapping/ analysis/ consultation; does not include printed final product or shipping charges; minimum fee of 1 hour $50.00 Note:
These fees are not applicable to services provided to the Townships within the County of Frontenac. 1 – Municipal Freedom of Information and Protection of Privacy Act
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Schedule B Fees for Facility Rentals
County Use (includes member Townships) (Must have staff sponsor or assigned designate who will be present for the meeting and will be responsible for clean-up/close down procedures) County Affiliate or Not For Profit (Must have affiliate/association sponsor who will be present for the meeting and will be responsible for clean-up/close down procedures)
Frontenac Room
•
No Charge
•
No Charge
•
50% Deposit Required (Non Refundable if cancelled within 48 hours) $30/half day (4 hours) $50/day (8 hours) After hours charge ($40/hr.) Stand-by Tech Support charge is ($40/hr.) Damage Deposit ($250) 50% Deposit Required (Non Refundable if cancelled within 48 hours) Proof of insurance required $45/half day (4 hours) $75/day (8 hours) After hours charge ($40/hr) Stand-by Tech Support charge is ($40/hr.) Damage Deposit ($250)
•
50% Deposit Required (Non Refundable if cancelled within 48 hours) $60/half day (4 hours) $100/day (8 hours) After hours charge ($40/hr.) Stand-by Tech Support charge is ($40/hr.) Damage Deposit ($250) 50% Deposit Required (Non Refundable if cancelled within 48 hours) Proof of insurance required $$90/half day (4 hours) $150/day (8 hours) After hours charge ($40/hr) Stand-by Tech Support charge is ($40/hr) Damage Deposit ($250)
• • • • • •
For Profit Company
• • • • • •
• • • • • • • • • • • •
Kingston Frontenac Rotary Auditorium •
No Charge Including Fairmount Home sponsored residents/family events
•
50% Deposit Required (Non Refundable if cancelled within 48 hours) $120/half day (4 hours) $200/day (8 hours) After hours charge ($40/hr.) Stand-by Tech Support charge is ($40/hr.) Damage Deposit ($250) 50% Deposit Required (Non Refundable if cancelled within 48 hours) Proof of insurance required $150/half day (4 hours) $250/day (8 hours) After hours charge ($40/hr) Stand-by Tech Support charge is ($40/hr) Damage Deposit ($250)
• • • • • • • • • • • •
Notes: After hour charges are applicable outside of normal County hours of operation (8:30 am to 4:00 pm, Monday to Friday) Multiple day rates may be discounted up to 30% depending upon availability and set up/break down requirements. No onsite catering is available. A list of recommended local caterers is available upon request. Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022
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AGENDA ITEM #d)
The Bud Clayton Memorial Room
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No charge to the City of Kingston for the Kingston Frontenac Rotary Auditorium.
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AGENDA ITEM #d)
Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022
AGENDA ITEM #d)
Schedule C Tariff of Fees for Land Use Planning
- Plan of Subdivision or Plan of Condominium Initial Application Fee For any proposed plan of subdivision submitted to the County of Frontenac for approval: Up to 20 developable lots/blocks/units
$3,250
21 to 50 developable lots/blocks/units
$4,750
More than 50 developable lots/blocks/units
$6,250
Deposit In addition to the Initial Application Fee, the applicant shall provide to the County of Frontenac a $5,000 deposit against which the County may, from time to time, charge any professional fees and expenses incurred related to peer review. Any remaining balance of the deposit will be refunded at the time of registration. Refund Sixty per cent (60%) of the Initial Application Fee shall be returned if an application is rejected by the County of Frontenac as being deemed incomplete or is withdrawn prior to circulation. Major Plan Revision (re-circulation) Minor Plan Revision (no recirculation required)
$1,500 $500
Draft Approval Extension For each one (1) year extension beyond the usual three (3) years
$600
Final Plan for Registration
$600
Public Meeting held by Planning Advisory Committee Outside of Major Plan Revision (re-circulation)
$750
- Condominium Exemption Application Fee Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022
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$1,000
AGENDA ITEM #d)
For any plan of condominium submitted to the County of Frontenac for exemption under Section 50 of The Condominium Act, R.S.O. 1990, C26, as amended. 3. Part Lot Control Final Approval
$300
Payable prior to the by-law being given final approval by the Council of the County of Frontenac. 4. Official Plan Amendment County Official Plan Amendment
$1,750
Deposit In addition to the Initial Application Fee, the applicant shall provide to the County of Frontenac a $5,000 deposit against which the County may, from time to time, charge any professional fees and expenses incurred related to peer review. Any remaining balance of the deposit will be refunded at the time of registration. County or Local Official Plan Amendment Initiated by Municipality Additional Public Meeting
No fee $750
- Other Charges The applicant shall provide the County of Frontenac, upon request, a deposit against which the County may, from time to time, charge any professional fees and expenses incurred related to peer review. If such fees and expenses exceed the deposit, the Applicant shall pay the difference upon being billed by the County with interest at a rate of 1.25% per month on accounts overdue more than thirty (30) days. Municipal Planning Services Fees Preparation of all planning reports associated with a private application. Director of Planning and Economic Development
$110.00/hour
Manager of Community Planning
$89.00/hour
Community Planner
$55.00/hour
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AGENDA ITEM #d)
Schedule D Fees for Services for Fairmount Home Other Charges Satellite Television for Residents Telephone for Residents
$5.00/month $7.00/month plus long distance charges
Wi-Fi for Residents
$12.00/month $5.00 one-time set up fee
External Catering See attached External Catering Form
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AGENDA ITEM #d)
CATERING ORDER FORM County of Frontenac
Name of event: Time of Delivery
Date of event: Requested by:
Telephone: Department:
Location
Number of staff Cost Centre
Number of residents
Number of invitees
External billing:
ITEMS REQUESTED Beverages
Servings Unit Cost
8 Coffee, smallServes pot $ 8.00 30-40 Percolator/Urn 35.00 Thermal container, lrg 70.00 Coffee, decaffeinated 0.65 Tea bag and hot water 1.00 Juice, bottle 1.85 Pop, can 1.00 Punch bowl, 35-40 small 8.00 Punch bowl, large 50 12.00 Bottled water, 330 ML 1.50 Milk, 250 ML 2% 1.00 Subtotal Beverages $ Bakeshop Muffins 1.20 Baked cookies 0.60 Croissants 1.00 Squares, 2 Each 0.80 Cake, slab 60-80 44.00 Cake, ½ slab 22.00 Serves 8 Pie, fruit 12.00 Serves 8 Pie, cream………. 10.00 Subtotal Bakeshop $ 1 Yogurt 2.95 Pickle bowl 1.5 Soup of the day, bowl 0.5 Fruit, each $ Subtotal ** Indicate special requirements
ITEMS REQUESTED Servings Unit Cost Buffet Trays Caesar, Garden, Greek 15 Fruit Tray small 30 Fruit Tray, medium 45 Fruit Tray, large 30 Cheese and crackers, sm 52 Cheese and crackers, med 70 Cheese and crackers, lrg 15 Veg & Dip, small 30 Veg & Dip, medium 45 Veg & dip, large 2.95 Sandwiches, tea cut, each 3.25 Sandwiches, gourmet, each Subtotal Buffet Trays $ Paper Products* Paper Products* Plates, small, 6” 0.10 Plates, large, 9” 0.05 Knives 0.03 Forks 0.03 Spoons 0.03 Napkins 0.03 Styrofoam cups 0.02 Straws 0.02 Subtotal Paper Products
$
0 Applicable Labour 0 24.77 Combined subtotals………………………………………… Goods and Services Tax 5%
Provincial Sales Tax
8%
GRAND TOTAL…………………………………………….…
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AGENDA ITEM #d)
Schedule E Fees for Services for Frontenac Paramedic Services Special Events Attendance of one (1) Ambulance and Paramedic crew at Special Events Basic Charge: 4 hours coverage minimum charge
$840.00
Additional Charges: For each hour or portion thereof
$210.00
The deposit amount is due prior to the event and any adjustment/refund will be resolved after the special event. Retrieving an Ambulance Call Report Per report
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$35.00
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AGENDA ITEM #d)
Schedule F Fees for Citizen Land Use on County Owned Property
Certificate of Permission Application and Inspection Fee ……………………………………………………………………………..$250* (Based upon 4 to 8 hours for pre and post inspection and administration) License of Occupation Application and Inspection Fee ……………………………………………………………………………..$250* for the duration of the agreement ………………………………………………………………….+ $100/year (Based upon 4 to 8 hours for pre and post inspection and administration) Encroachment Agreement Application Fee……………………………………………………………………………………………………$250* (Based upon 4 to 8 hours for pre and post inspection and administration) Right of Way (RoW) Application Fee……………………………………………………………………………………………………$250* (Based upon 4 to 8 hours for pre and post inspection and administration) Sale Application Fee……………………………………………………………………………………………………$250* (Based upon 4 to 8 hours for pre and post inspection and administration) All sales in must be in accordance with the County’s Sale of Real Property By-law.
- Plus related disbursements.
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AGENDA ITEM #e)
Report 2022-007 Recommend Report to Council To:
Warden and Members of County Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Alex Lemieux, Director of Corporate Services/Treasurer
Date of meeting:
January 19, 2022
Re:
Corporate Services – 2022 Temporary Borrowing By-Law
Recommendation Resolved That Council of the County of Frontenac accept the Corporate Services – Finance
- 2022 Temporary Borrowing By-Law report; And Further That the Clerk be directed to introduce a by-law later in the meeting to authorize current borrowings from time to time during 2022. Background On an annual basis, the Municipal Act, Chapter 25 of the Statutes of Ontario 2001, permits a council to pass a by-law authorizing the head and treasurer to borrow, from time to time by way of promissory note or banker’s acceptance, such sums as the council considers necessary to meet current expenditures during the year. These provisions read as: 407(2) Except with the approval of the Ontario Municipal Board, the total amount borrowed at any one time plus any outstanding amounts of principal borrowed and accrued interest shall not exceed, (a) from January 1 to September 30 in the year, 50 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year; and
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(b) from October 1 to December 31 in the year, 25 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year. 407(3) Until the budget is adopted in a year, the limits upon borrowing under subsection (2) shall temporarily be calculated using the estimated revenues of the municipality set out in the budget adopted for the previous year. Comment Based on our 2022 estimates, unpaid temporary borrowings should not exceed $30,488,692 for the first three-quarters of the year and $15,244,346 for the final quarter of 2022. Strategic Priorities Implications Good governance and legislative compliance falls under Other Important and Continuing County Priorities, specifically: ➢ Continually improve customer and financial services Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected
Recommend Report to Council Corporate Services - 2022 Temporary Borrowing Bylaw January 19, 2022
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AGENDA ITEM #f)
Report 2022-008 Recommend Report to Council To:
Warden and Members of County Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
January 19, 2022
Re:
Corporate Services – Setting of the 2023 County Budget Deliberations and Solicitation of Public Input
Recommendation Resolved That the Council of the County of Frontenac receive the Corporate Services – Setting of the 2023 County Budget Deliberations and Solicitation of Public Input report for information; And Further That the Council of the County of Frontenac confirm the following dates for the New Council Orientation and 2023 Budget Deliberations: October 1 to November 30, 2022
2023 Frontenac County Budget project open on engagefrontenac.ca for public engagement
Tuesday, January 17, 2023
New Council Orientation – Introduction to Council and the County of Frontenac
Wednesday, January 18, 2023
New Council Orientation – Introduction to External Agencies and Public Meeting for the Solicitation of Public Input into the 2023 budget (as part of the Regular Council meeting)
Wednesday, February 8, 2023
Council Presentation – 2022 KPIs, 2023 Business Plans & Project Proposals Detailed Budget Presentation
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AGENDA ITEM #f)
Thursday, February 9, 2023
Council Presentation – 2022 KPIs, 2023 Business Plans & Project Proposals Detailed Budget Presentation
Wednesday, February 15, 2023
Council Presentation – Detailed Budget Presentation
Background Under the Municipal Act, 2001, as amended, Section 289(1) states 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 upper-tier municipality. Comment The Finance unit annually sets a budget schedule early in the year for the following years budget. This schedule sets out both staff meeting dates and timelines with respect to departmental budget submissions as well as meeting dates for presentation to Council Liaisons and Council. Once this schedule has been developed, it is shared with the Council Liaisons for input and ultimately shared with County Council early in the spring. The budget process schedule typically begins in September of the year prior to the budget year with a public meeting to solicit public input followed in October by presentations to Liaisons and Council on departmental KPIs and the following years Business Plans & Project Proposals. The full budget deliberations are then done at a Committee of the Whole meeting in October or November, with the passage of the budget taking place at either the November or December Council meeting. With respect to the 2023 budget deliberations, Section 289(1.1) states: Exception (1.1) Despite subsection (1), a budget for a year immediately following a year in which a regular election is held, may only be adopted in the year to which the budget applies. 2006, c. 32, Sched. A, s. 119 (2). Given that 2022 will be an election year for Ontario municipalities, the budget cannot be considered during the previous year and as such, a separate timeline needs to be established. Although staff recognize that this Council cannot commit the next term of Council to specific dates, staff would like to have the proposed budget dates supported by this Council and provided to the Townships so that these dates can be included in any orientation packages being provided so that these dates can be put into new councilors calendars. This recommendation aligns with the County of Frontenac budget policy which is attached to this report as Appendix A. Recommend Report to Council Corporate Services – Setting of the 2023 County Budget Deliberations and Solicitation of Public Input January 19, 2022
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AGENDA ITEM #f)
Omitted from the proposed dates are the Joint Orientation sessions typically hosted by the County. The Frontenac Clerk’s group is currently working on establishing these dates which we anticipate will occur in early December. Sustainability Implications Governance – appropriate stewardship of County resources. Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Alex Lemieux, Director of Corporate Services/Treasurer Phil Piasetzki, Deputy Treasurer
Recommend Report to Council Corporate Services – Setting of the 2023 County Budget Deliberations and Solicitation of Public Input January 19, 2022
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AGENDA ITEM #g)
Report 2022-009 Recommend Report to Council To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Joe Gallivan, Director, Planning & Economic Development
Date of meeting:
January 19, 2022
Re:
Planning & Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002
Recommendation Resolved That the Council of the County of Frontenac receive the Planning & Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002; And Further That the Council of the County of Frontenac deny the request for extension for the draft approval for the plan of subdivision for 2292 Sands Road, Battersea. Background At its regular meeting held July 17, 2013, Council passed the following resolution: b)
2013-136 Sustainability – 2292 Sands Road, Battersea Draft Plan of Subdivision – County File 10T-2011/002
Motion #: 308-13
Moved By: Councillor Doyle Seconded By: Councillor Jones
Resolved That the Council of the County of Frontenac approve the plan of subdivision submitted by FoTenn Consultants Inc on behalf of Roger and Roberta Ouellette, being Parts 9 & 10, Concession 9, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac, County File No. 10T-2011/002: subject to the Conditions of Draft Approval contained in the County Planning Report dated July 10, 2013 noted as Exhibit A to this report;
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And Finally That the Clerk be authorized to issue draft approval by signing the required documents and making any technical corrections to the conditions as needed. Carried At a special meeting held April 8, 2020, Council considered Report 2020-043 and as a result, extended the draft approval passed via the following resolution, being Recommend Reports from the Chief Administrative Officer, clause e): e)
2020-043 Planning and Economic Development – Extension of Approval of Draft Plan of Subdivision and Draft Plans of Condominium – (1) 2292 Sands Road; (2) Cranberry Cove; and (3) Johnston Point
Motion #: 65-20
Moved By: Councillor Martin Seconded By: Councillor Revill
Resolved That the Council of the County of Frontenac receive the Planning and Economic Development - Extension of Approval of Draft Plan of Subdivision and Draft Plans of Condominium report; And Further That the Council of the County of Frontenac extend draft plan approval to January 29th, 2021 for the following:
- Draft Plan of Subdivision - 2292 Sands Road, Township of South Frontenac – County File #10T-2011/002;
- Draft Plan of Condominium - Cranberry Cove, Township of South Frontenac – County File #10CD-2012/002; and
- Draft Plan of Condominium - Johnston Point, Township of South Frontenac – County File #10CD-2014/001. Carried As noted in the 2020 report, this was as a result of the March 17, 2020 Provincial Declaration of a State of Emergency in response to the COVID-19 pandemic and the actions taken by the Government that affect proceedings under the Planning Act regarding the suspension of timelines and limitation periods contained in any provincial legislation during the emergency and the pausing of any proceedings or intended proceedings. Although silent on the extension of timeframes or lapsing provisions, on the basis of fairness and caution, staff recommended the files be extended to January 29, 2021, to ensure when the emergency declaration was lifted that the applicants have a fair opportunity to move forward with fulfilling conditions in a timely manner At a regular meeting held January 20, 2021, Council considered Report 2021-006 and as a result, again extended the draft approval passed via the following resolution being Recommend Reports from the Chief Administrative Officer, clause e):
Recommend Report to Council Planning and Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002 January 19, 2022 Page 2 of 6
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e)
2021-006 Planning & Economic Development Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002
Motion #: 12-21
Moved By: Seconded By:
Councillor Higgins Councillor Martin
Resolved That the Council of the County of Frontenac receive the Planning & Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002; And Further That the Council of the County of Frontenac extend the draft approval for the plan of subdivision for 2292 Sands Road, Battersea, to January 29, 2022. Carried Comment The subject property is 23 hectares (56.8 acres) in size and is located in the Township of South Frontenac on Sands Road, in the southern portion of the hamlet of Battersea. The lands are currently occupied with an existing single detached dwelling. A large, wooded ridge dominates the northern and western portions of the property, with the lands generally rural in character sloping toward nearby wetlands. The surrounding area contains mostly rural single detached lots, wooded areas and farmland, and a wetland is located just north of the property. It is legally described as Parts 9 & 10, Concession 9, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac. A map of the subject site is attached to this report. The plan of subdivision proposed to create a residential subdivision consisting of 15 single detached lots, two stormwater blocks, a public roadway, a road allowance that would allow a future connection to the existing hamlet of Battersea, and a block for the existing home. Section 50.1 of the Planning Act States: Lapse of approval (32) In giving approval to a draft plan of subdivision, the approval authority may provide that the approval lapses at the expiration of the time period specified by the approval authority, being not less than three years, and the approval shall lapse at the expiration of the time period, but if there is an appeal under subsection (39) the time period specified for the lapsing of approval does not begin until the date the Municipal Board’s decision is issued in respect of the appeal or from the date of a notice issued by the Board under subsection (51). 1994, c. 23, s. 30; 2006, c. 23, s. 22 (6).
Recommend Report to Council Planning and Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002 January 19, 2022 Page 3 of 6
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Extension (33) The approval authority may extend the approval for a time period specified by the approval authority and may further extend it but no extension is permissible if the approval lapses before the extension is given. 1994, c. 23, s. 30. The approval for this draft plan of subdivision expires on January 29, 2022. In April, 2020, County Council approved extension of draft approval for this subdivision reflecting the negative impact of processing planning applications as a result of the COVID-19 pandemic and again in January 2021. The County of Frontenac is in receipt of a request from the legal firm Loopstra Nixon on behalf of the applicant for an extension of draft for an additional one (1) year (attached as Appendix A, correspondence dated January 12, 2022). Since obtaining draft subdivision approval in 2013, one of the two owners, Roger Ouellette, regrettably passed away. His wife, Roberta Ouellette, has not been in a position to satisfy the draft conditions and has been attempting to sell the lands. This is the sixth request for a one year extension for this planning application. The County has received correspondence dated January 14, 2022, from Ms. Claire Dodds, Director of Development Services at South Frontenac Township (attached as Appendix B). The correspondence from Ms. Dodds notes that Township Council considered the 2021 application for draft plan extension at the January 12, 2021 Council meeting where she presented Township Council with a staff report. Normally South Frontenac Council would pass a resolution indicating support or objection to a plan of subdivision. However, due to the timing of this request Township staff were not able to prepare a report to Township Council prior to the January 19 County Council meeting. In 2021, the request for an additional one year extension was to allow the owner to sell the lands before draft approval expires. This has not taken place. The recent correspondence from Loopstra Nixon cites the COVID-19 pandemic as having an impact on the timing and processes required to complete the steps towards final approval. When County Council granted extension of draft approval last year, it did so not only for this subdivision but also for two additional vacant land condominium projects in South Frontenac: Johnston Point and Cranberry Cove. As noted in the correspondence from Ms. Dodds: “While the Township is empathetic to the fact that COVID has a considerable impact on all aspects of life in 2021, the Township did work with other developers who were able to clear conditions and obtain final approval in 2021 (Johnston Point & Cranberry Cove). There were no shut-downs at the Township that would have impacted staff’s ability to work with the agent to clear conditions of draft plan approval.” This comment is also applicable to the subdivision work that involved County planning staff, including the Johnston Point and Cranberry Cove projects. In fact, County planning Recommend Report to Council Planning and Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002 January 19, 2022 Page 4 of 6
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operations operated at capacity in 2021, and processed more planning applications last year than any previous year. Since the original draft planning approval in 2013 the planning policy environment in Frontenac has evolved. The County Official Plan was approved in 2016 and now provides regional policies that support and sustain the vitality of villages and hamlets in all four Townships. Also, the Provincial Policy Statement (PPS) has been updated twice since 2013, most recently in May, 2020. The new PPS contains policies to support rural settlement areas and specifically recognizes the use of communal servicing to support new development. The Frontenac region has been working on establishing a regional utility to support new communal development across the County and the goal is to have that work completed by mid-2022. The Township of South Frontenac is now in the process of updating its Official Plan with the goal of adoption this year. Open houses with citizens have indicated in part that the community would like to see new residential development be located within existing settlement areas. Under these situations it is possible that new residential development will be expected to be built at a higher density than this proposed subdivision, with a mix of housing units and allow for affordable housing options. This draft subdivision does not reflect the future potential of mixed housing development near settlement areas and it is unlikely that this form of development will be encouraged in the future if communal services becomes the preferred form of servicing in villages and hamlets. None of the conditions of draft approval have been met by the applicant since Council granted approval eight years ago except for the rezoning of the lands which took place in 2013 when the subdivision was first under consideration. More recently, no activity has taken place in the past year by the applicant or agent to move the plan towards final approval, and some of the studies associated with the draft approval are ten years old and may need to be revised (e.g. environmental impact assessment, hydrogeological analysis). In conclusion, County planning staff do not support a seventh extension of draft plan approval. The applicant has had sufficient opportunity to move the project forward to final approval and has taken no action, and the planning policies at the Provincial, County, and Township level have evolved and are more supportive of a higher density form of residential development in settlement areas such as Battersea. Public Comments Under the Planning Act, there are no requirements for public notification for an extension of draft plan application. Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Claire Dodds, Director of Development Services, Township of South Frontenac Jannette Amini, Manager of Legislative Services/Clerk Recommend Report to Council Planning and Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002 January 19, 2022 Page 5 of 6
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Recommend Report to Council Planning and Economic Development – Extension of Approval of Draft Plan of Subdivision – 2292 Sands Road Township of South Frontenac – County File #10T-2011/002 January 19, 2022 Page 6 of 6
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Steven C. Ferri* *Steven C. Ferri Professional Corporation Tel: (416) 748-4752 Email: sferri@loonix.com
BY EMAIL (jamini@frontenaccounty.ca) January 12, 2022 County of Frontenac 2069 Battersea Road Glenburnie, ON K0H 1S0 Attn:
Jannette Amini, Manager of Legislative Services/Clerk
Dear Ms. Amini, RE:
Request for Extension of Draft Approved Plan of Subdivision pursuant to subsection 51(33) of the Planning Act County of Frontenac File No.: 10T-2011/002 Authorized Applicant: Gary Beach Our file: 26417-0001
We represent Mr. Gary Beach. Mr. Beach is currently in the process of facilitating the completion of the above noted Subdivision, as well as the consolidation of the Subdivision lands with the property to the north, 5056 Battersea Road. As you are aware, the draft approval for this Subdivision will lapse on January 29, 2022. As a brief background, Mr. Beach sought a 1-year Extension at approximately the same time a year ago. As part of the previous Extension Request, Mr. Beach was asked to provide a Planning Analysis Study of the Draft Plan Approved development to ensure its conditions of approval still complied with new and applicable planning legislation and policy, as the Draft Plan Approval had been initially granted some years ago. For convenience, the planning analysis provided with the last Extension Request, prepared by Fotenn Planning & Design dated December 22, 2020, is attached again to this correspondence. That planning analysis considered the Provincial Policy Statement, 2020 and other planning documents that remain in force today. No relevant changes have been made to provincial or municipal policy since it was prepared, and as such the analysis remains applicable. Since the granting of the last Extension, Mr. Beach has worked with South Frontenac Township on planning approvals to allow for the purchase of an adjacent property, to facilitate consolidation with the Subdivision lands. This process continues, and we will be working with Mr. Beach to provide further legal and planning analysis as may be required by the Township. However, as the County is aware, the numerous waves of the COVID-19 pandemic have significantly impacted the timing and processes required to complete all steps required for Final Plan Registration. As a result, please accept this correspondence as a formal request under {L2379976.1}
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subsection 51(33) of the Planning Act, R.S.O. 1990, c. P.13. for an extension of time in order for Mr. Beach to satisfy the remaining conditions by January 29, 2023. Please find enclosed an Application for Extension or Revision to Draft Plan Approval for Plan of Subdivision or Condominium Form. A cheque in the amount of $600.00 representing the County’s fee for the Draft Approval Extension will be delivered today to the County offices by Mr. Beach. We look forward to working with both the County and Township planning departments to provide further analysis and support to facilitate Final Approval and Registration of the Subdivision. If you have any questions, please contact the undersigned. Yours truly, LOOPSTRA NIXON LLP
Per: Steven C. Ferri SCF/aew Encls. cc.
Joe Gallivan, Director of Planning and Economic Development
{L2379976.1}
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Development Services 4432 George St, Box 100 Sydenham ON, K0H 2T0 613-376-3027 Ext 2224 planning@southfrontenac.net
Mr. Joe Gallivan Director, Planning & Economic Development Frontenac County 2069 Battersea Road Glenburnie, ON K0H 1S0 January 14, 2022 Dear Mr. Gallivan, The Township is in receipt of an application to the County requesting draft plan extension for application number 10T-2011/002. This application was forwarded by the agent on the application, Mr. Gary Beach on January 13, 2022, via email. South Frontenac staff have not been provided with sufficient time to prepare a staff report to put on a Township Council meeting agenda to be able to provide a Council resolution to the County on this matter prior to the January 19, 2022 Council meeting. I am aware that the County normally requires applications for extensions to draft plan approval to be submitted 60 days prior to lapsing to provide the County, Township and any required agency staff time to review the application. This also provides time for staff to prepare a staff report and have Township Council consider their position on this application by way of a passing a Council resolution that would be forwarded to the County for consideration. From the communication provided by the agent, I understand January 29, 2022 is the lapsing date on this most recent draft plan extension. The next available Township Council meeting this matter could be scheduled on is January 25th, 2022. I am aware the next County Council is January 19th, 2022 and that this is the last meeting date the County could deal with this application prior to the January 29, 2022 lapsing date. In the absence of being able to provide a Township Council resolution from ahead of this matter being considered by County Council, I am providing staff comments with you on this application. Township Council considered the 2021 application for draft plan extension at the January 12, 2021 Council meeting. I have attached the staff report that was provided to Council at that time for your records.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive Rural Leader.
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In 2021, Township staff were supportive of one further 1-year draft plan extension. Mr. Beach had indicated the reason as to why draft plan extension was required was because a “new builder had made conditional investments in the property and was eager to proceed with clearing conditions of draft plan approval to commence development on the lands”. Township staff and Council was supportive in 2021 of allowing a 1 year extension to allow for the opportunity to have a new builder on this project work to clear conditions of draft plan approval. Council passed resolution no. 2021-2-10 on January 12, 2021: That South Frontenac Council has no objection to the County of Frontenac extending draft plan approval for a period of one year for application 10T2011/002, subject to the conditions approved by County Council on July 17, 2013 and direct the Clerk to forward this resolution to the County Clerk. Based on the Township records, the current application sent to the Township on January 13, 2022, is the sixth (6th) application for draft plan extension for application 10T-2011/002. The current application for draft plan extension indicates the reason to request a further extension to draft plan approval is that the waves of the COVID-19 pandemic have significantly impacted timing and processes required to complete all steps for Final Approval. While the Township is empathetic to the fact that COVID had a considerable impact on all aspects of life in 2021, the Township did work with other developers who were able to clear conditions and obtain final approval in 2021 (Johnston Point & Cranberry Cove). There were no shut-downs at the Township that would have impacted staff’s ability to work with the agent to clear conditions of draft plan approval. Over the past year, no new conditions of draft plan approval have been cleared by either the agent on this application, nor by the new builder mentioned in the 2021 application. To date, the only draft plan condition that has been fulfilled is the rezoning of the lands within the plan of subdivision in 2013. As was identified in the January 12, 2021 report to Council, staff’s review of this file is that the studies (hydrogeological, terrain analysis and environmental impact assessment) that supported the initial draft plan approval are over 10 years old. Many of the conditions directly reference those studies and provide no mechanism for updating the studies without triggering a major change in subdivision conditions, which is anticipated would trigger recirculation of the plan of subdivision application. It was identified in the January 12, 2021 report to Township Council that if draft plan approval would not be able to be achieved with the next one year extension [January 29, 2022] – Township staff recommended no further draft plan extensions be granted. Staff indicated if the conditions of draft plan approval were not cleared within the year
2
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(by January 29, 2022), a new subdivision application with updated supporting studies should be submitted and reviewed in accordance with current development standards for the Township. While it is recognized that the agent, Mr. Beach, has worked toward assembling other adjacent lands through other planning applications through 2021, no further conditions of draft plan approval of application 10T-2011/002 have been cleared in 2021. Consistent with the staff recommendation provided to Township Council on January 12, 2021, Township staff are not supportive of further draft plan extensions for application 10T-2011/002. Please contact me directly should you have any questions or wish to discuss further. Sincerely,
Claire Dodds Director of Development Services, MCIP, RPP Township of South Frontenac cdodds@southfrontenac.net cc:
Neil Carbone, CAO
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Report 2022-002 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:
January 19, 2022
Re:
Corporate Services – 2021 Accessibility for Ontarians with Disabilities (AODA) Compliance Report
Recommendation This report is for information purposes only. Background As a broader public sector organization with one or more employees, the County of Frontenac was legally required to file a 2021 accessibility compliance report by December 31, 2021. 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. The Manager of Legislative Services/Clerk completed the County’s Compliance report on December 17, 2021. It was re-submitted on January 4, 2022 for confirmation. The Compliance Report determines if organizations are compliant under the AODA and its 5 Standards, those being:
- Customer Service Standard;
- Information and Communication Standard;
- Employment Standard;
- Transportation Standard; and,
- Design of Public Spaces Standard
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Comment The 2021 Compliance Report focused on 6 key areas, those being:
- Municipal Accessibility Advisory Committee
- Foundational requirements regarding its policies and procedures
- Information and Communications
- Employment
- Transportation
- Design of Public Spaces. There were a total of 25 questions under these key areas. Municipal Accessibility Advisory Committee There were 3 questions regarding the Municipal Accessibility Advisory Committee, specifically:
- Is your organization a municipality with a population of 10,000 or more and if so, has your organization established an accessibility advisory committee as outlined in section 29 of the AODA?
- Are the majority of the members of the committee persons with disabilities?
- Has the committee provided advice to council about site plans and drawings (as described in S.41 of the Planning Act) as well as advice on the requirements and implementation of accessibility standards? The County was in compliance with all aspects of this section. Foundational requirements There were 10 questions regarding the foundational requirements, specifically:
- Does your organization have written accessibility policies that include a statement of commitment?
- Does your organization have a document or documents of your accessibility policies publicly available and, on request, provide them in an accessible format?
- Has your organization established, implemented, maintained and posted a multiyear accessibility plan on your organization’s website?
- Has your organization completed a review of its progress implementing the strategy outlined in its accessibility plan and documented the results in an annual status report posted on the organization’s website?
- Did your organization consult with people with disabilities when establishing, reviewing and updating its multi-year accessibility plan?
- Does your organization provide the appropriate training on the Integrated Accessibility Standards Regulation and the Human Rights Code as it pertains to persons with disabilities? Information Report to Council Corporate Services – 2021 Accessibility for Ontarians with Disabilities (AODA) Compliance Report January 19, 2022
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- Were all persons that require training trained as soon as practicable? Under Section 7(1) of the Integrated Accessibility Standards Regulation, the following persons require training: (a) all persons who are an employee of, or a volunteer with, the organization; (b) all persons who participate in developing the organization’s policies; and (c) all other persons who provide goods, services or facilities on behalf of the organization?
- Does your organization provide training in respect of any changes to your accessibility policies on an ongoing basis?
- Does your organization keep a record of the training provided, including the dates on which the training is provided and the number of individuals to whom it is provided?
- Does your organization ensure that its public feedback processes are accessible to persons with disabilities by providing or arranging accessible formats or communication supports, upon request, and do you notify the public of this accessible feedback policy? Note: “public” can include customers, clients, third parties, or businesses. The County was in compliance with all aspects of this section. In terms of questions 46, the County (and its member municipalities) have a Customer Service Policy titled “How May I Help You” as well as an Integrated Accessible Service Regulation policy, both of which are on the County’s website and available in alternate formats upon request. Both documents are in an accessible format. In terms of questions 7 and 8, the Frontenacs on a quarterly basis assess their progress of the multi-year plan and during Q1 of each year, the plan is reviewed and updated which includes the status of current projects as well as additional projects that may be added. This is done through a public meeting of the Joint Frontenac Accessibility Advisory Committee to allow consultation with those with disabilities. The 2021 Annual Accessibility Status Report was approved last week at the Joint Frontenac Accessibility Advisory Committee meeting and is on the Council agenda for ratification. In terms of questions 9 – 12, comprehensive AODA training of staff, including training on the Human Rights Code, is carried out each month during the New Hire Orientation and a record kept. In terms of question 13, all processes, including public feedback are accessible to persons with disabilities with a number of ways one can provide feedback, including email, on-line, in person, in writing or by phone and all information on how to provide each specific means of feedback is available on the County’s website as well as at the administrative offices. Information and Communication There was only 1 question regarding information and communication, specifically:
- As of January 1, 2021, do all your organization’s internet websites conform to World Wide Web Consortium Web Content Accessibility Guidelines 2.0 Level AA (except Information Report to Council Corporate Services – 2021 Accessibility for Ontarians with Disabilities (AODA) Compliance Report January 19, 2022
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for live captions and pre-recorded audio descriptions)? Please indicate in the comment box provided the complete names and addresses of your publicly available web content, including websites, social media pages, and apps. The County was able to respond yes to these questions. The question also asked what Publicly available web content and comments the organization had for question 14 and the following websites were listed: ➢ County website - www.frontenaccounty.ca ➢ County Civic Web Portal - https://frontenac.civicweb.net/Portal/ ➢ County Youtube Channel https://www.youtube.com/channel/UCslBvMTIKEITQHORDNEsNbg ➢ County Facebook page - https://www.facebook.com/FrontenacCounty Employment There were 2 questions listed under employment, specifically: 15. Does your organization notify successful applicants of its policies for accommodating employees with disabilities during offers of employment? 16. Does your organization develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities? The County was able to answer yes to both of these questions. The County’s accommodation plan and policies are done through the Occupational Health Nurse. Transportation There was only 1 question under Transportation, which being: 17. Does your organization provide transportation services? * (If Yes, you will be required to answer an additional question.) The County does not provide transportation services as defined under the AODA. It does provide a ferry service via the Howe Island Ferry, however the ferry itself does not meet the minimum tonnage and as such is exempt. Design of Public Spaces There were 3 questions regarding the design of public spaces, specifically: 18. Since your organization last reported on its accessibility compliance, has your organization constructed new or redeveloped existing off-street parking facilities that it intends to maintain? (If Yes, you will be required to answer an additional question.) 19. Since your organization last reported on accessibility compliance, has your organization constructed new or redeveloped existing outdoor play spaces that it intends to maintain? (If Yes, you will be required to answer an additional question.) Information Report to Council Corporate Services – 2021 Accessibility for Ontarians with Disabilities (AODA) Compliance Report January 19, 2022
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- Does your organization’s multi-year accessibility plan include procedures for preventative and emergency maintenance of the accessible elements in public spaces, and for dealing with temporary disruptions when accessible elements required under the Integrated Accessibility Standards Regulations Part IV are not in working order? For questions 18 and 19, the County responded no as there have been no off street parking or outdoor play structures constructed since our last reporting in 2019. We do have plans in place in both the multi-year accessibility plan and our Trails maintenance plan for the maintenance of our accessible elements covered under the Design of Public Spaces Standard. Confirmation questions The report concluded with 5 questions requiring the organization to confirm that it was meeting all other requirements of the 5 standards under the AODA other than those cited in the above questions, to which the County was able to respond yes to all. The County continues to work on making documents are still relevant or frequently requested that were removed from its website in 2020 accessible in order that they may be re-uploaded; however any documents requested in an accessible format are given priority. 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. Organizations, Departments and Individuals Consulted and/or Affected Alex Lemieux, Director of Corporate Services/Treasurer Joint Frontenac Accessibility Advisory Committee Accessibility Directorate of Ontario
Information Report to Council Corporate Services – 2021 Accessibility for Ontarians with Disabilities (AODA) Compliance Report January 19, 2022
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Report 2022-004 Information 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:
January 19, 2022
Re:
Corporate Services – 2021 Annual Report on Delegation of Authority
Recommendation This report is for information purposes only. Background On February 20, 2019, Council, through the passage of By-law 2019-004 amended Bylaw 2016-0006, to establish a Delegation of Authority Policy and authorized the delegation of certain powers and duties under the Municipal Act, 2001, the Planning Act and other Acts with respect to the delegation of Council’s legislative and administrative authority. The purpose of the policy is to set out the scope of the powers and duties which Council may delegate its legislative and administrative authority and to establish principles governing such delegation. This policy was developed in accordance with the Municipal Act in order to comply with its other applicable sections, including Section 270. This policy applies to all committees of Council, departments and staff. As per schedule B of the Policy, the following are the duties which Council has delegated: Warden Head of the Municipality for the Purposes of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Ombudsman Act Clerk Delegated the power or duty granted or vested in the head pursuant to Section 49(1) of the Municipal Freedom of Information and Protection of Privacy Act;
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Designated as the Contact Person of the Municipality for the Purposes of the Personal Health Information Protection Act (PHIPA) and the Ombudsman Act; Director of Planning and Economic Development Delegated the authority to authorize Final Approval of Plans of Subdivision and Plans of Condominium; Delegated the authority to authorize Applications for Part-Lot Control – Approval Integrity Commissioner Delegation of authority of Council’s powers to impose penalties for a contravention of the Code of Conduct Chief Administrative Officer, or their delegate a. approve any expenditures, enter into any agreements and/or other legal documents and incur any other liabilities which were part of the 2020 Budget. b. approve any expenditures, enter into any agreements and/or other legal documents, and incur any other liability for unbudgeted emergency expenditures related to COVID-19. c. Make changes to Human Resources and Procurement policies and procedures as they pertain to staffing and operations. d. amend due dates for requisition from Townships of Tax levy in consultation with member municipalities, and e. implement matters that Council has approved subject to modification as deemed necessary to address circumstances related to COVID-19. Upon the termination of this delegation of authority, the Chief Administrative Officer shall report to Council of any exercise of a power or duty delegated under this By-Law. These delegation of powers and authority will only take effect and be limited to the time that County Council is unable to hold its regular or special meetings of Council or to address time sensitive matters as a result of the COVID-19 outbreak. Due to the cancellation of the March 18, 2020, regular Council meeting, that this delegation of authority be retroactive to March 30, 2020 Comment The purpose of this report is to provide Council an update of how these delegated authorities were used in 2021. Municipal Freedom of Information and Protection of Privacy Act The Clerk is delegated the power or duty granted or vested in the head pursuant to Section 49(1) of the MFIPPA. In addition, Section 26 requires that the head shall make an annual report regarding the institutions public access to information under its custody and control, in accordance with this section, to the Commissioner. In 2021, the Clerk received one full request for access to information pursuant to MFIPPA. The request was made by a business and required an extension due to the Information Report to Council Corporate Services – Annual Report on Delegation of Authority January 19, 2022
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requirement of having issued a Notice to Affected Persons. Full disclosure of information was provided. No fees were collected for these requests other than the $5 application fee. Personal Health Information and Protection of Privacy Act The Clerk is delegated as the Contact Person of the Municipality for the Purposes of the Personal Health Information Protection Act (PHIPA) and the Ombudsman Act; In addition, Section 26 of MFIPPA requires that the head shall make an annual report, in accordance with this section, to the Commissioner and that the report specify the number of requests under MFIPPA or the Personal Health Information Protection Act (PHIPA) for access to records made to the institution or to a health information custodian within the meaning of the Personal Health Information Protection Act. If an institution has more than one type of health information custodian, it must submit a separate report for each type. The County of Frontenac is a health information custodian for the follow types:
- A municipality that operates an ambulance service within the meaning of the Ambulance Act
- A person who operates a long-term care home within the meaning of the LongTerm Care Homes Act, 2007 or a care home within the meaning of the Residential Tenancies Act, 2006 i.
Frontenac Paramedics
In 2021, Frontenac Paramedics received a total of 17 requests for personal health information. All requests were completed within 30 days or less as required under the Act. Of the 17 requests, 5 were remain outstanding pending payment and 12 were granted full access. The total of fees collected at the writing of this report are $474.60. i.
Fairmount Home
In 2021, Fairmount Home received 2 requests for personal health information, and both were completed within 30 days or less as required under the Act. Of the requests, full access was granted. The total of fees collected was $5.00. Section 54(12) of PHIPA permits that a health information custodian may waive the payment of all or any part of the fee that an individual is required to pay under that subsection if, in the custodian’s opinion, it is fair and equitable to do so. Final Approval of Plans of Subdivision and Plans of Condominium The Director of Planning and Economic Development authorized 2 Final Approval of Plans of Subdivision and Plans of Condominium in 2021. Final approval of the Cranberry Cove vacant land condominium development was granted final approval on January 8, 2021 and final approval of the Johnston Point vacant land condominium development was granted final approval on June 30, 2021. Information Report to Council Corporate Services – Annual Report on Delegation of Authority January 19, 2022
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Authorization of Applications for Part-Lot Control – Approval No delegation of authority to authorize Part Lot Control Approval was used in 2021. To impose penalties for a contravention of the Code of Conduct No delegation of authority was used in 2021 to impose penalties for a contravention of the Code of Conduct. Delegated Authority in absence of Council Authorization due to COVID-19 The Delegation of Authority By-law was further amended on April 8, 2020, to delegate certain authority to the Chief Administrative Officer (that would normally require Council approval), in the event Council meetings are cancelled due to COVID-19. The By-law only takes effect and is limited to the time that Frontenac County Council is unable to hold its regular or special meetings of Council as a result of the COVID-19 outbreak. In addition, due to the cancellation of the March 18, 2020, Council meeting, this delegation of authority was retroactive to March 30, 2020, to provide the necessary authorization for the execution of funding agreements with the Province. As a result of the continued health crisis of COVID-19, the County of Frontenac remained in a Declared Emergency throughout 2021 and as such, this delegation of authority remains in effect. The following are the specific provisions for the delegated authority, as well as if or how they were used: a. approve any expenditures, enter into any agreements and/or other legal documents and incur any other liabilities which were part of the 2020 Budget; No purchases were made under this Delegation of Authority. Only purchases over $50,000 would have required Warden authorization and there were no unbudgeted purchases in excess of this amount in 2021. b. approve any expenditures, enter into any agreements and/or other legal documents, and incur any other liability for unbudgeted emergency expenditures related to COVID-19; Unbudgeted expenditures were incurred in 2021 as a result of COVID-19, due to the requirement for additional PPE; however, these costs were offset by additional funding from the Province. c. Make changes to Human Resources and Procurement policies and procedures as they pertain to staffing and operations Ontario Regulation 157/20, Work Deployment Measures for Municipalities (“the order”), provided, and continues to provide, Ontario’s municipalities with the flexibility to deploy certain staff to where they are needed most as they respond to COVID-19. In August of this year, the Ministry of Municipal Affairs and Housing reached out to municipalities requesting information to help assess the continued need for the order moving forward. Municipalities were asked to provide information on the usage of this Information Report to Council Corporate Services – Annual Report on Delegation of Authority January 19, 2022
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order by completing a short questionnaire as this information would inform the Ministry’s decision-making going forward, including whether there is a continued need for this emergency-related order. Below is a list of what the County of Frontenac did pursuant to the order; however, the Union was consulted. Without the order in place, these measures would all cease.
- Hired several new temporary positions – Resident Aides – to support the nursing staff
- Had these new staff work every other weekend vs. Collective Agreement stipulation to have part time and casual have only every third weekend off.
- Redeployed certain staff to do swabbing
- Redeployed certain staff to supervise resident/family visits
- Used temporary agencies initially to screen all staff
- Used temporary agency to assist with staffing shortages
- Permitted RN’s to cover for RPN vacation; Cooks to cover for Dietary Aides, to avoid being short staffed
- Paid 2x hourly rate for Saturday evening OT call ins during COVID outbreak, contrary to the Collective Agreement in order to avoid being short staffed
- Changed the process to fill dietary and housekeeping over time shifts, contrary to Collective Agreement to avoid being short staffed
- Required all staff to provide availability through December 31st, 2021, to ensure effective staffing levels
- Required specialty positions (e.g. Documentation Assistant; RAI MDS, etc.) to also be required to fulfill mandatory OT shifts As a result, the County of Frontenac responded that it required the Order to remain in effect. As a result of these provincial emergency orders, no delegation of authority was required to make changes to Human Resources and Procurement policies and procedures as they pertain to staffing and operations during 2021 resulting from the COVID-19 pandemic. d. amend due dates for requisition from Townships of Tax levy in consultation with member municipalities e. implement matters that Council has approved subject to modification as deemed necessary to address circumstances related to COVID-19; Additional labour resources were brought in to address the pandemic both at Fairmount Home and Frontenac Paramedics; however, these positions were offset by additional funding from the Province. Due dates for requisition of tax levy from the Townships were not amended in 2021. Strategic Priorities Implications As part of the Vision for the County of Frontenac in its 2019-2022 Strategic Plan, it identifies accountability and states: Information Report to Council Corporate Services – Annual Report on Delegation of Authority January 19, 2022
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As a framework for strategic planning, this future vision incorporates goals related to: • Building the County’s organizational capacity in line with its mandate and accountabilities. Additionally, Other Important and Continuing County Priorities, identifies: ➢ Continually improve customer and financial services. ➢ Maintain a strong organization and positive work culture through leadership, human resources, training and development, physical and IT infrastructure, and partnerships. Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Alex Lemieux, Director of Corporate Services/Treasurer Barb McCulloch, Director of Human Resources Joe Gallivan, Director of Planning and Economic Development Gale Chevalier, Chief/Director of Emergency and Transportation Services Susan Brant, Administrator, Fairmount Home
Information Report to Council Corporate Services – Annual Report on Delegation of Authority January 19, 2022
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Committee Report To:
Warden and Council Members of the County of Frontenac
From:
Jannette Amini, Manager of Economic Legislative Services/Clerk
Date of meeting:
January 19, 2022
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.
2022-001 Frontenac Accessibility Advisory Committee 2021 Annual Accessibility Status Report That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3), that a copy of this Annual Accessibility 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.
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Frontenac Accessibility Advisory Committee Meeting Minutes January 11, 2022 A meeting of the Frontenac Accessibility Advisory Committee (FAAC) was held in hybrid format, hosted at the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, January 11, 2022 at 3:00 p.m. Present:
Neil Allen, Community Representative, South Frontenac, Chair Kurt Halliday, Community Representative, Central Frontenac, Vice Chair Janet MacDonald, Community Representative, Frontenac Islands David Yerxa, Community Representative at Large Councillor Bill MacDonald, Council Liaison Councillor Gerry Martin
Regrets
Ed Schlievert, Community Representative, North Frontenac
Also Present
Jannette Amini, County of Frontenac Eric Korhonen, Township of North Frontenac Jillian Wilson, Township of South Frontenac Donna Longmire, Township of Central Frontenac Darlene Plumley, Township of Frontenac Islands was unable to connect but viewed via Youtube
Call to Order
Ms. Amini called the meeting to order and proceeded to the election of officers. 2.
Election of Officers Election of Chair
Moved By: Seconded By:
Councillor MacDonald Councillor Martin
That Neil Allen be elected Chair of the Frontenac Accessibility Advisory Committee for 2022. Carried
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Moved By: Seconded By:
Mr. Halliday Councillor MacDonald
That nominations for Chair be closed. Carried Mr. Allen accepted the nomination and was confirmed as Chair. Election of Vice Chair Moved By: Seconded By:
Councillor MacDonald Mr. Allen
That Kurt Halliday be nominated Vice-Chair of the Frontenac Accessibility Advisory Committee for 2022. Carried Moved By: Seconded By:
Councillor MacDonald Mr. Yerxa
That nominations for Vice-Chair be closed. Carried Mr. Halliday accepted the nomination and was confirmed as Vice Chair. 3.
Adoption of the Agenda
Moved By: Seconded By:
Mr. Halliday Mr. Yerxa
That the agenda for the January 11, 2022, meeting of the Joint Frontenac Accessibility Advisory Committee be approved. Carried 4.
Disclosure of Pecuniary Interest and General Nature Thereof
There were none. 5.
Adoption of Minutes Minutes of Meeting held October 27, 2021
Moved By: Seconded By:
Councillor MacDonald Councillor Martin
That the minutes of the Joint Frontenac Accessibility Advisory Committee meeting held October 27, 2021 be adopted. Carried County of Frontenac Joint Accessibility Advisory Committee January 11, 2022
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Deputations and/or Presentations
Reports to the Accessibility Advisory Committee a)
2022-001 Frontenac Accessibility Advisory Committee Annual Accessibility Status Report
Moved By: Seconded By:
Councillor MacDonald Councillor Yerxa
Be It Resolved That the Frontenac Accessibility Advisory Committee – Annual Accessibility Status Report, attached to this report as Appendix A be received; And Further That in accordance with Ontario Regulation 91/11: Integrated Accessibility Standards section 4(3), that a copy of this Annual Accessibility 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 Accessibility Status Report be forwarded to the Frontenac Lower Tiers for posting on their respective websites. Carried Ms. Amini provided an overview of the report. Comments were offered regarding the accessibility upgrades that have been made to the trail regarding guard rails in Central and North Frontenac. In addition, the parking lots that have been added assist those with disabilities in being able to access the trail closer to their destinations and the upgrades to the parking facility in Verona again improve accessibility for those accessing the trail. b)
2022-002 Frontenac Accessibility Advisory Committee 2021 Accessibility for Ontarians with Disabilities (AODA) Compliance Report
Ms. Amini provided an overview of this report which was for information purposes only. 8.
Township Updates Township of North Frontenac
Mr. Korhonen advised that the Township had also submitted its compliance report and has been audited for documents. The Township has removed all noncompliant
County of Frontenac Joint Accessibility Advisory Committee January 11, 2022
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AGENDA ITEM #a)
documents from its website. Once those documents have been remediated, this will be re-uploaded to the website. Township of Central Frontenac Ms. Longmire advised that the Township of Central Frontenac as also been audited and is currently reviewing all documents. Township of South Frontenac Ms. Wilson advised that the Township of South Frontenac was audited last year and after review and editing have been deemed compliant. Township of Frontenac Islands 9.
Communications
Other Business
Mr. Halliday took this opportunity to thank the support staff for all their hard work they have been doing in working towards a more accessible Frontenac. 11.
Next Meeting
The next meeting of the Frontenac Accessibility Advisory Committee is scheduled for Tuesday, April 5th, 2022, at 10 a.m. at the Township of South Frontenac Council Chamber, pending availability and any health restrictions. 12.
Adjournment
Moved By: Seconded By:
Mr. Halliday Mr. Yerxa
That the meeting hereby adjourn at 3:20 p.m. Carried
County of Frontenac Joint Accessibility Advisory Committee January 11, 2022
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AGENDA ITEM #a)
Councillor Report To:
Members of County Council
From:
Deputy Warden Higgins
Date of Meeting:
January 19, 2022
RE: Communal Services Background As we all know the County is embarking on a communal services program for new developments over 5 units. The report is nearing completion and we are preparing for community consultation. What I did not realize was that this did not include a Public Meeting with County residents and businesses. Over the last month, even though I have been deeply involved, I had to try and address a residents concern that highlighted the fact that I, and other County and Township Council members are having difficulty expressing what this means from a management and financial risk perspective. Research By Ron Higgins Comments Based on my ineffectiveness to portray all aspects of this program I am requesting that we hold one Public meeting to address community questions for this program. I feel one meeting is the best option versus individual Township meetings to ensure we all hear the same questions and the same answers in one forum. I propose the following motion, seconded by Councillor Martin, that the County Planning Department schedule a Communal Services Public Meeting, in addition to public consultations, to address any concerns by the community at large. And That; all Township Councils be invited to said meeting.
Pageand 93Consultation of 113 Proposed Public Meeting regarding the Communal Services…
AGENDA ITEM #b)
, Councillor Report To:
Members of County Council
From:
Deputy Warden Higgins
Date of Meeting:
January 19, 2022
RE:
Paramedicine North Frontenac
Background From a May 6, 2021 Kingston News Report. The Ontario Government is launching new 9-1-1 models of care to now cover 33 municipalities across the province. This model mirrors a program already in place with Frontenac Paramedic Services. The Regional Paramedic Program of Eastern Ontario, which includes HastingsQuinte Paramedic Services, Lennox and Addington Paramedic Service, and Frontenac Paramedic Services, as well as others across the region, will see palliative care patients calling 9-1-1 having the option to be treated on-scene for pain and symptom management, including pain or dyspnea, hallucinations or agitation, terminal congested breathing, and nausea or vomiting, according to a release from MPP Daryl Kramp’s office. Following treatment on-scene, the patients will then have the option for paramedics to coordinate the patient’s follow-up care directly with the patient’s primary palliative care provider or with a local hospice for further treatment and wrap-around care. The Frontenac Paramedic Services has been providing this extended care since February 2021. Ontario Government funding at that time has allowed the Community Paramedic Service to provide diagnostic procedures, assessments, testing, routine monitoring, and medical treatments in the comfort of people’s own homes. “This is a tremendous step forward in personalizing care,” said MPP Kramp. “It will help those who need care immediately and also help preserve hospital beds for those needing to be admitted.” According to the provincial government, the new models of care ensure paramedics have more options to provide safe and appropriate treatment for patients while helping to protect hospital capacity as the province continues to respond to the third wave of COVID-19.
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AGENDA ITEM #b)
“Throughout the COVID-19 pandemic, we have seen more than ever how critical it is for patients to receive timely and effective care – when and where they need it,” said Christine Elliott, Deputy Premier and Minister of Health. “As Ontario’s hospitals face unprecedented capacity pressures during the third wave of the COVID-19 pandemic, these new models of care will enable our world-class paramedics to support our most vulnerable patients in the most appropriate setting, while avoiding unnecessary emergency department visits.” On October 15, 2021, the EOWC passed the following resolution. Resolution: Community Paramedic – Long-Term Care Funding Moved By: Warden J. Murray Jones Seconded By: Warden Ric Bresee “Whereas the Ministry of Long-Term Care has provided Community Paramedic Programs with funding to support Ontarians eligible for placement in Long-Term Care to remain in their own homes; Whereas this Provincial funding was provided to select municipalities, thus, not all Municipal Paramedic Services and First Nations Paramedic Services received funding; and Whereas the need to meet the Governments priority of supporting all Ontarians eligible for long-term care while safely remaining at home exists in all Communities including those that were previously ineligible for the Community Paramedic – LongTerm Care funding; and Whereas expanding the Community Paramedic – Long-Term Care Program funding so that it is available to all municipalities, advances both the Government of Ontario and the Eastern Ontario Wardens’ Caucus (EOWC) priority for improved access to Long- Term Care for seniors by supporting them to age safely at home; and Further Be It Resolved That the Chair of the EOWC send a letter to the Honourable Rod Phillips (Minister of Long-Term Care) outlining support for the expansion of the Community Paramedic- Long-Term Care Program to include all communities across eastern Ontario; and Further Be It Resolved That the Chair send a letter and copy of this resolution to the Eastern Ontario Paramedic Chiefs, the Western Ontario Wardens’ Caucus (WOWC), and the Association of Municipalities of Ontario (AMO) and Eastern Ontario MPPs and the Premier of Ontario. Councillor Higgins Paramedicine North Frontenac January 19, 2022 Page 2 of 3
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AGENDA ITEM #b)
In North Frontenac we have a Paramedic station that is manned by 2 personnel on a 12hour basis. The paramedics are on site most times, based on my drive by of the station, and leave for calls of assistance and back up other stations as required. The actual statistics are to be investigated by Chief Chevalier as per a phone discussion with her while preparing this report. In October 2021 the Province announced that the Ontario government is investing $82.5 million to expand the existing Community Paramedicine for Long-Term Care program to an additional 22 communities, making it available to all eligible seniors across Ontario. This program, which is fully funded by the provincial government, provides additional care for seniors in the comfort of their own homes before admission into long-term care. The program was piloted across five communities in October 2020 and is currently active in 33 communities. With this expansion, the program will be available to all eligible seniors across Ontario. Research By Deputy Warden Higgins Comments North Frontenac Council is focused on keeping senior residents in their homes for as long as possible based on a survey of our seniors we did a couple of years ago. North Frontenac lacks a medical facility and must access Addington Highlands or Central Frontenac medical centers. I believe we could assist our senior residents more effectively if we had a community paramedicine program that could utilize the down time of the Paramedics at the Robertsville Station. The benefits include. • Reduce medical access and workload at surrounding medical centers • Reduce possible exposure to COVID for the most vulnerable • Improved health and well-being of the seniors • Effective and efficient use of Robertsville Paramedics In speaking with Chief Chevalier about this proposal, I found there are strict guidelines on how the Provincial funding can be used and this needs to be investigated further. In addition, the Paramedic workforce needs to be assessed to determine feasibility of implementing a Community Paramedicine program that would fit for North Frontenac seniors. To that end I am putting a motion forward (seconded by Councillor Martin) that the County investigate the possibility of implementing a Community Paramedicine program for North Frontenac seniors, utilizing the Robertsville Paramedics if possible. Councillor Higgins Paramedicine North Frontenac January 19, 2022 Page 3 of 3
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AGENDA ITEM #a)
By-Law No. 2021-0039 Of The Corporation of the County of Frontenac Being a by-law to declare lands Legally Described as Part 4 on Reference Plan 13R22551, Part Lot 7, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac, Surplus for the purpose of granting a right-of-way over part of the K&P Trail. Whereas the 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 to declare lands legally described as Part 4 on Reference Plan 13R22551, Part Lot 7, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac, Surplus for the purpose of granting a right-of-way over part of the K&P Trail; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac does hereby enacts the following: 1.
That lands legally described as Part 4 on Reference Plan 13R22551, Part Lot 7, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac be declared surplus for the purpose of granting a right-of-way over part of the K&P Trail right-of-way in favour of a property identified as Parts 5 and 6 on Reference Plan 13-R22551, Part Lot 7, Concession 2, Geographic Township Hinchinbrooke, Township of Central Frontenac for the purpose of accessing this newly created lot;
That pursuant to By-law No. 17-1995, third reading of this by-law be given at the January 19, 2022 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.
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AGENDA ITEM #a)
Read a first and second time this 15th day of December, 2021. Read a third time, signed, sealed and finally passed this 19th day of January 2022.
The Corporation of the County of Frontenac
Denis Doyle, Warden
Jannette Amini, Clerk
By-law No. 2021-0039 – to declare lands Legally Described as Part 4 on Reference Plan 13R22551, Part Lot 7, Concession 2, Geographic Township of Hinchinbrooke, Township of Central Frontenac, Surplus for the purpose of granting a right-of-way over part of the K&P Trail January 19th, 2022 Page 2 of 2
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AGENDA ITEM #b)
By-Law No. 2022-0001 of The Corporation of the County of Frontenac being a By-law to Impose User Fees and Charges for Services
Whereas Sections 391 (1) and (3) of the Municipal Act, 2001 S.O. 2001, c. 25, as amended authorize a municipality to impose fees or charges including costs incurred by the municipality related to administration, enforcement and the establishment, acquisition and replacement of capital assets, 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 local board; and
(c)
for the use of its property including property under its control.
And Whereas Section 69 of the Planning Act, R.S.O. 1990, c.P.13, as amended, authorizes that the council of a municipality, by by-law, may establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality in respect of the processing of each type of application provided for in the tariff: Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac enacts as follows: 1.
That Schedule A attached hereto and forming part of this by-law represents Fees for Services for County Administration and Geographic Information System (GIS) Mapping.
That Schedule B attached hereto and forming part of this by-law represents Fees for Services for Facility Rentals.
That Schedule C attached hereto and forming part of this by-law represents the Tariff of Fees for Land Use Planning.
That Schedule D attached hereto and forming part of this by-law represents the Fees for Services for Fairmount Home.
That Schedule E attached hereto and forming part of this by-law represents Fees for Services for Frontenac Paramedic Services.
That Schedule F attached hereto and forming part of this by-law represents Fees for Citizen Land Use on County Owned Property
That all fees, other than for exempt services, are subject to the applicable taxes.
Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022
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AGENDA ITEM #b)
That the fees for services outlined in the schedules to this by-law shall be reviewed annually.
That By-law No. 2021-0001 is hereby repealed.
- That this By-law shall come into force and take effect upon the date of final passing. Read a First and Second Time this 19th day of January, 2022. Read a Third Time, Signed, Sealed and Finally Passed this 19th day of January, 2022.
The Corporation of the County of Frontenac
Denis Doyle, Warden
Jannette Amini, Clerk
Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022 Page 2 of 11
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AGENDA ITEM #b)
Schedule A Fees for Services for County Administration and Geographic Information System (GIS) Mapping Administration Photocopying (per copy)
$0.25
Faxing (per page)
$1.00
Archival Material Search – Hourly Rate
$35.00
Document Searches (pursuant to MFIPPA)1 per hour
$30.00
Geographic Information System (GIS) And Map-Related Products Digital True Colour Ortho-Photography for 2008, 2014 and 2019 (1km x 1km tiles MrSID, JPEG2000, GeoTIFF); $50.00 per tile Printed Map Products Small Basic Map (8½” x 11”; no customization) Black and white
$6.00
Colour
$8.00
Medium Basic Map (11” x 17”; no customization) Black and white
$10.00
Colour
$12.00
Large Basic Map (no customization, exceeds 11” x 17” and up to 42” wide; requires the use of large scale GIS plotter) $30.00 Custom Map Products Hourly Rate (includes mapping/ analysis/ consultation; does not include printed final product or shipping charges; minimum fee of 1 hour $50.00 Note:
These fees are not applicable to services provided to the Townships within the County of Frontenac. 1 – Municipal Freedom of Information and Protection of Privacy Act
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Schedule B Fees for Facility Rentals
County Use (includes member Townships) (Must have staff sponsor or assigned designate who will be present for the meeting and will be responsible for clean-up/close down procedures) County Affiliate or Not For Profit (Must have affiliate/association sponsor who will be present for the meeting and will be responsible for clean-up/close down procedures)
Frontenac Room
•
No Charge
•
No Charge
•
50% Deposit Required (Non Refundable if cancelled within 48 hours) $30/half day (4 hours) $50/day (8 hours) After hours charge ($40/hr.) Stand-by Tech Support charge is ($40/hr.) Damage Deposit ($250) 50% Deposit Required (Non Refundable if cancelled within 48 hours) Proof of insurance required $45/half day (4 hours) $75/day (8 hours) After hours charge ($40/hr) Stand-by Tech Support charge is ($40/hr.) Damage Deposit ($250)
•
50% Deposit Required (Non Refundable if cancelled within 48 hours) $60/half day (4 hours) $100/day (8 hours) After hours charge ($40/hr.) Stand-by Tech Support charge is ($40/hr.) Damage Deposit ($250) 50% Deposit Required (Non Refundable if cancelled within 48 hours) Proof of insurance required $$90/half day (4 hours) $150/day (8 hours) After hours charge ($40/hr) Stand-by Tech Support charge is ($40/hr) Damage Deposit ($250)
• • • • • •
For Profit Company
• • • • • •
• • • • • • • • • • • •
Kingston Frontenac Rotary Auditorium •
No Charge Including Fairmount Home sponsored residents/family events
•
50% Deposit Required (Non Refundable if cancelled within 48 hours) $120/half day (4 hours) $200/day (8 hours) After hours charge ($40/hr.) Stand-by Tech Support charge is ($40/hr.) Damage Deposit ($250) 50% Deposit Required (Non Refundable if cancelled within 48 hours) Proof of insurance required $150/half day (4 hours) $250/day (8 hours) After hours charge ($40/hr) Stand-by Tech Support charge is ($40/hr) Damage Deposit ($250)
• • • • • • • • • • • •
Notes: After hour charges are applicable outside of normal County hours of operation (8:30 am to 4:00 pm, Monday to Friday) Multiple day rates may be discounted up to 30% depending upon availability and set up/break down requirements. No onsite catering is available. A list of recommended local caterers is available upon request. Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022 Page 4 of 11
AGENDA ITEM #b)
The Bud Clayton Memorial Room
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No charge to the City of Kingston for the Kingston Frontenac Rotary Auditorium.
AGENDA ITEM #b)
Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022 Page 5 of 11
AGENDA ITEM #b)
Schedule C Tariff of Fees for Land Use Planning
- Plan of Subdivision or Plan of Condominium Initial Application Fee For any proposed plan of subdivision submitted to the County of Frontenac for approval: Up to 20 developable lots/blocks/units
$3,250
21 to 50 developable lots/blocks/units
$4,750
More than 50 developable lots/blocks/units
$6,250
Deposit In addition to the Initial Application Fee, the applicant shall provide to the County of Frontenac a $5,000 deposit against which the County may, from time to time, charge any professional fees and expenses incurred related to peer review. Any remaining balance of the deposit will be refunded at the time of registration. Refund Sixty per cent (60%) of the Initial Application Fee shall be returned if an application is rejected by the County of Frontenac as being deemed incomplete or is withdrawn prior to circulation. Major Plan Revision (re-circulation) Minor Plan Revision (no recirculation required)
$1,500 $500
Draft Approval Extension For each one (1) year extension beyond the usual three (3) years
$600
Final Plan for Registration
$600
Public Meeting held by Planning Advisory Committee Outside of Major Plan Revision (re-circulation)
$750
- Condominium Exemption Application Fee
Recommend Report Corporate Services – 2022 User Fees and Charges By-law January 19, 2022
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$1,000
AGENDA ITEM #b)
For any plan of condominium submitted to the County of Frontenac for exemption under Section 50 of The Condominium Act, R.S.O. 1990, C26, as amended. 3. Part Lot Control Final Approval
$300
Payable prior to the by-law being given final approval by the Council of the County of Frontenac. 4. Official Plan Amendment County Official Plan Amendment
$1,750
Deposit In addition to the Initial Application Fee, the applicant shall provide to the County of Frontenac a $5,000 deposit against which the County may, from time to time, charge any professional fees and expenses incurred related to peer review. Any remaining balance of the deposit will be refunded at the time of registration. County or Local Official Plan Amendment Initiated by Municipality Additional Public Meeting
No fee $750
- Other Charges The applicant shall provide the County of Frontenac, upon request, a deposit against which the County may, from time to time, charge any professional fees and expenses incurred related to peer review. If such fees and expenses exceed the deposit, the Applicant shall pay the difference upon being billed by the County with interest at a rate of 1.25% per month on accounts overdue more than thirty (30) days. Municipal Planning Services Fees Preparation of all planning reports associated with a private application. Director of Planning and Economic Development
$110.00/hour
Manager of Community Planning
$89.00/hour
Community Planner
$55.00/hour
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AGENDA ITEM #b)
Schedule D Fees for Services for Fairmount Home Other Charges Satellite Television for Residents Telephone for Residents
$5.00/month $7.00/month plus long distance charges
Wi-Fi for Residents
$12.00/month $5.00 one-time set up fee
External Catering See attached External Catering Form
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AGENDA ITEM #b)
CATERING ORDER FORM County of Frontenac
Name of event: Time of Delivery
Date of event: Requested by:
Telephone: Department:
Location
Number of staff Cost Centre
Number of residents
Number of invitees
External billing:
ITEMS REQUESTED Beverages
Servings Unit Cost
8 Coffee, smallServes pot $ 8.00 30-40 Percolator/Urn 35.00 Thermal container, lrg 70.00 Coffee, decaffeinated 0.65 Tea bag and hot water 1.00 Juice, bottle 1.85 Pop, can 1.00 Punch bowl, 35-40 small 8.00 Punch bowl, large 50 12.00 Bottled water, 330 ML 1.50 Milk, 250 ML 2% 1.00 Subtotal Beverages $ Bakeshop Muffins 1.20 Baked cookies 0.60 Croissants 1.00 Squares, 2 Each 0.80 Cake, slab 60-80 44.00 Cake, ½ slab 22.00 Serves 8 Pie, fruit 12.00 Serves 8 Pie, cream………. 10.00 Subtotal Bakeshop $ 1 Yogurt 2.95 Pickle bowl 1.5 Soup of the day, bowl 0.5 Fruit, each $ Subtotal ** Indicate special requirements
ITEMS REQUESTED Servings Unit Cost Buffet Trays Caesar, Garden, Greek 15 Fruit Tray small 30 Fruit Tray, medium 45 Fruit Tray, large 30 Cheese and crackers, sm 52 Cheese and crackers, med 70 Cheese and crackers, lrg 15 Veg & Dip, small 30 Veg & Dip, medium 45 Veg & dip, large 2.95 Sandwiches, tea cut, each 3.25 Sandwiches, gourmet, each Subtotal Buffet Trays $ Paper Products* Paper Products* Plates, small, 6” 0.10 Plates, large, 9” 0.05 Knives 0.03 Forks 0.03 Spoons 0.03 Napkins 0.03 Styrofoam cups 0.02 Straws 0.02 Subtotal Paper Products
$
0 Applicable Labour 0 24.77 Combined subtotals………………………………………… Goods and Services Tax 5%
Provincial Sales Tax
8%
GRAND TOTAL…………………………………………….…
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AGENDA ITEM #b)
Schedule E Fees for Services for Frontenac Paramedic Services Special Events Attendance of one (1) Ambulance and Paramedic crew at Special Events Basic Charge: 4 hours coverage minimum charge
$840.00
Additional Charges: For each hour or portion thereof
$210.00
The deposit amount is due prior to the event and any adjustment/refund will be resolved after the special event. Retrieving an Ambulance Call Report Per report
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$35.00
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AGENDA ITEM #b)
Schedule F Fees for Citizen Land Use on County Owned Property
Certificate of Permission Application and Inspection Fee ……………………………………………………………………………..$250* (Based upon 4 to 8 hours for pre and post inspection and administration) License of Occupation Application and Inspection Fee ……………………………………………………………………………..$250* for the duration of the agreement ………………………………………………………………….+ $100/year (Based upon 4 to 8 hours for pre and post inspection and administration) Encroachment Agreement Application Fee……………………………………………………………………………………………………$250* (Based upon 4 to 8 hours for pre and post inspection and administration) Right of Way (RoW) Application Fee……………………………………………………………………………………………………$250* (Based upon 4 to 8 hours for pre and post inspection and administration) Sale Application Fee……………………………………………………………………………………………………$250* (Based upon 4 to 8 hours for pre and post inspection and administration) All sales in must be in accordance with the County’s Sale of Real Property By-law.
- Plus related disbursements.
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AGENDA ITEM #c)
By-Law No. 2022-0002 of The Corporation of the County of Frontenac being a by-law to authorize temporary borrowing for current expenditures for the year 2022 Whereas per Section 407(1) of the Municipal Act, 2001, as amended (“the Act”), at any time during a fiscal year, a municipality may authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amounts that the municipality considers necessary to meet the current expenditures of the municipality for the year; And Whereas the Corporation of the County of Frontenac (“the County”) deems it necessary to borrow from time to time until other revenues are collected; And Whereas per Section 407(2) of the Act, except with the approval of the Ontario Municipal Board, the total amount borrowed at any one time plus any outstanding amounts of principal borrowed and accrued interest shall not exceed: (a)
from January 1 to September 30 in the year, 50 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year; and,
(b)
from October 1 to December 31 in the year, 25 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year.
And Whereas per Section 407(4) of the Act estimated revenues of the County as set forth in the estimates adopted for the year 2022 is $60,977,384, which does not include revenues derivable or derived from: (a)
arrears of taxes, fees or charges; or
(b)
a payment from a reserve fund of the municipality, whether or not the payment is for a capital purpose.
Now Therefore Be It Resolved That the Corporation of the County of Frontenac enacts as follows:
- That the Warden and Treasurer are hereby authorized, on behalf of the County, to borrow from time to time, by way of promissory note or banker’s acceptance, from the TD Canada Trust (the “Bank”), any municipality or school board, a sum or sums not to exceed the aggregate of $30,488,692 from January 1, 2022 to September 30, 2022 and $15,244,346 from October
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AGENDA ITEM #c)
1, 2022 to December 31, 2022 less the amount of similar borrowings which are still unpaid to meet, until the taxes are collected, the current expenditures of the County for the year 2022, including the amounts required for the purposes mentioned in Sub-section (1) of the said Section 407 and to give, on behalf of the County, to the said Bank, a promissory note(s) or banker’s acceptance(s), sealed with the corporate seal and signed by the Warden and Treasurer for the monies so borrowed with interest, in the case of borrowing from the Bank at the Bank’s prime interest rate less one-quarter per cent which shall be as notified by the Bank to the Treasurer from time to time, or in the case of borrowing from a municipality or school board at a rate to be negotiated with the municipality or school board but not to exceed the Bank’s prime lending rate at the time of borrowing. 2. That all sums borrowed pursuant to the authority of this by-law as well as all other sums borrowed in this year and in previous years from the said Bank, municipality or school board for any or all of the purposes mentioned in the said Section 407 of the Act shall, with interest thereon, be a charge upon the whole of the revenues of the County for the current year and for all preceding years, as and when such revenues are received. 3. That the Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the monies hereafter collected or received either on account or realized in respect of the taxes levied for the current year and preceding years, or from any other source, which may lawfully be applied for such purposes. 4. That this by-law shall come into force and effect on the final passing thereof. Read a First and Second Time this 19th day of January, 2022. Read a Third Time and Finally Passed, Signed and Sealed this 19th day of January, 2022. The Corporation of the County of Frontenac
Denis Doyle, Warden
Jannette Amini, Clerk
By-law No. 2022-0002 – To authorize temporary borrowing for current expenditures for 2022 January 19, 2022
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Page 2 of 2
AGENDA ITEM #d)
By-Law No. 2022-0003 of The Corporation of the County OF Frontenac being a by-law to confirm all actions and proceedings of County Council on January 19, 2022
Whereas Section 8 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to Subsection 2 subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O. 2001, c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise; and; Whereas the Council of the County of Frontenac deems it expedient to confirm its actions and proceedings; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enacts as follows:
- That all actions and proceedings of the Council of the County of Frontenac taken at its regular meeting held on January 19, 2022 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
- That all actions and proceedings of the Council of the County of Frontenac taken at its regular meeting held on January 19, 2022, be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
- That all actions and proceedings of the Council of the Corporation of the County of Frontenac taken at its regular meeting held on January 19, 2022 except those taken by by-law and those required by by-law to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
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AGENDA ITEM #d)
- That this by-law shall come into force and take effect as of the final passing thereof. Read a First and Second Time this 19th day of January, 2022 Read a Third Time and Finally Passed, Signed and Sealed this 19th day of January,
The Corporation of the County of Frontenac
Denis Doyle, Warden
Jannette Amini, Clerk
By-Law No. 2022-0003 – To Confirm all Actions and Proceedings of County Council January 19, 2022
113 of 113of County Council on January 19, … To confirm all actionsPage and proceedings
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