Body: Council Type: Agenda Meeting: Regular Date: December 21, 2016 Collection: Council Agendas Municipality: Frontenac County
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Document Text
Frontenac County Council Meeting Wednesday, December 21, 2016 – 9:30 a.m. The Kingston Frontenac Rotary Auditorium 2069 Battersea Road, Glenburnie, ON
AGENDA Page 1.
Call to Order
Election of Warden and Deputy Warden To be conducted by the County Clerk a) Election of Warden b)
Election of Deputy Warden
Declaration of Office to Warden and Deputy Warden To be administered by the County Clerk
13 - 24
Warden’s Inaugural Address
Approval of Addendum a) Resolved That By-law 2013-0020 be waived to consider Deputations and/or Presentations clause b) following Public Question Period.
Disclosure of Pecuniary Interest and General Nature Thereof
Adoption of Minutes a) Minutes of Meeting held November 16, 2016 Resolved That the minutes of the regular Council meeting held November 16, 2016 be adopted.
25 - 29
b)
Minutes of Special Meeting held November 23, 2016 Resolved That the minutes of the special Council meeting held November 23, 2016 be adopted.
30 - 35
c)
Minutes of the Committee of the Whole Meeting held November 23, 2016 Resolved That the minutes of the Committee of the Whole meeting held
Page 1 of 116
Page November 23, 2016 be adopted. 8. 36
Deputations and/or Presentations a)
Mr. Bill Robertson and Mr. George Thomson will address County Council regarding recent changes in the restrictions for heavy vehicles on the Frontenac Howe Islander Ferry.
b)
Presentation of the County of Frontenac 2016 International Day of Persons with Disabilities Access Award This presentation will be made at 12:00 Noon.
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.
Briefings Mr. Kelly Pender, Chief Administrative Officer, will provide Council with a) his monthly CAO briefing.
Unfinished Business
Recommend Reports from the Chief Administrative Officer a) 2016-138 Emergency and Transportation Services Request to Reconsider Decision of the Lifting of the Heavy Vehicle Restrictions to Vehicles Supporting Agricultural Operations
37 - 57
58 - 66
Recommendation: Resolved That the Council of the County of Frontenac receive the Emergency and Transportation Services – Request to Reconsider Decision of the Lifting of the Heavy Vehicle Restrictions to Vehicles Supporting Agricultural Operations report; And Further That the Council of the County of Frontenac receives the correspondence from Kurtis R. Andrews, Farm & Animal Welfare Lawyer, dated December 12, 2016 and J.G. Cowan WeirFoulds LLC, dated December 12, 2016; And Further That the County of Frontenac take no further action. 67 - 68
b)
2016-139
Page 2 of 116
Page Emergency and Transportation Services County of Frontenac Emergency Management Program Compliance Recommendation: Resolved That the Council of the County of Frontenac receive the Emergency and Transportation Services – County of Frontenac Emergency Management Program Compliance report; And Further That the Council of the County of Frontenac designates the Chief of Paramedic Services/Director of Transportation and Emergency Services as the senior municipal official to the County of Frontenac Emergency Management Program Committee (EMPC); And Further That the Council of the County of Frontenac designates Mark Podgers as the Emergency Management Program Coordinator; And Further That the Council of the County of Frontenac appoints the Emergency Management Program Coordinator as Chair of the Emergency Management Program Committee (EMPC); And Further That the Council of the County of Frontenac appoints the County of Frontenac Communications Officer as the Emergency Information Officer. 69 - 82
c)
2016-140 Emergency and Transportation Services National Emergency Medical Services (EMS) Database – Data Sharing Agreement Recommendation: Resolved That the Council of the County of Frontenac accept the Emergency and Transportation Services – Paramedic National Research Database – Data Sharing Agreement report for information; And Further That the Council of the County of Frontenac authorize the Warden and Clerk to execute the Data Sharing Agreement between the County of Frontenac and the Paramedic Chiefs of Canada (PCC).
83 - 87
d)
2016-141 Planning and Economic Development Ontario Municipal Board Review Public Consultation Recommendation: Resolved That the Council of the County of Frontenac receive the
Page 3 of 116
Page Planning and Economic Development – Frontenac County Response to the Ontario Municipal Board Review for information; And Further That a copy of the Planning and Economic Development – Frontenac County Response to the Ontario Municipal Board Review report be submitted to the Ontario Municipal Board Review, Ministry of Municipal Affairs, Provincial Planning Policy Branch, 777 Bay Street, 13th Floor, Toronto, ON M5G 2E5 as the County of Frontenac’s Official comments regarding the review of the Ontario Municipal Board. 88 - 96
e)
2016-142 Corporate Services 2017 Tax Rate Recommendation Whereas the 2016 Assessment roll for the 2017 tax calculations was received on December 12, 2016; Resolved That Council of the County of Frontenac accept this Corporate Services – 2017 Tax Rate report; And Further That Council consider a By-law, introduced later in the meeting, to establish the 2017 tax rates.
97 - 98
f)
2016-143 Corporate Services 2015 Fairmount Home Accounts Receivables Write-Offs Recommendation: Resolved That the Council of the County of Frontenac receive this Corporate Services – 2016 Fairmount Home Accounts Receivable Write-Offs report; And Further That Council authorize the Treasurer to write off accounts totalling $14,339.49.
99 - 102
g)
2016-144 Corporate Services 2017 Tax Ratios and Tax Rate Reductions Recommendation: Resolved That Council of the County of Frontenac accept this Corporate Services – 2017 Tax Ratios and Tax Rate Reductions report; And Further That Council consider a by-law, introduced later in the meeting, to re-confirm for 2017 the tax ratios and tax rate reductions
Page 4 of 116
Page currently in place. 103 - 104
h)
2016-145 Corporate Services 2016 Federal Gas Tax Allocation Recommendation: Resolved That Council of the County of Frontenac accept the Corporate Services – 2016 Federal Gas Tax Distribution By-law report; And Further That the Clerk be directed to bring forward a by-law to authorize the distribution of Federal Gas Tax to the Townships in 2016.
105 - 107
i)
2016-146 Corporate Services 2017 DRAFT Budget Revision Recommendation: Resolved That the Council of the County of Frontenac receive this Corporate Services – 2017 Draft Budget Revision Report And Further That Council amend the budget to reflect the adjustments outlined in the report.
108 - 110
Information Reports from the Chief Administrative Officer a) 2016-147 Corporate Services Status Update of Council Abeyance List
111 - 113
b)
2016-148 Fairmount Home Level of Care Personal Support Worker (PSW) Shift Continuation
114 - 115
c)
2016-149 Planning and Economic Development Frontenac K&P Trail Update
Reports from Council Liaison Appointees a) Emergency and Transportation Services - Councillor Nossal b)
Long Term Care (Fairmount Home) - Councillor Inglis
c)
Corporate Services - Councillor Dewey
d)
Planning and Economic Development - Councillor McDougall
Page 5 of 116
Page 16.
116
Reports from External Boards and Committees a) Kingston Frontenac Library Board Update - Deputy Warden Vandewal b)
KFL&A Public Health Board Update - Councillor Doyle
c)
RULAC, LSR and Other Updates
d)
Algonquin Land Claim Update - Councillor Inglis
e)
Frontenac County Youth Justice Advisory Committee Update Councillor Nossal
f)
Housing and Homelessness Committee Update - Councillor McDougall
g)
Rideau Corridor Landscape Steering Committee Update - Councillor McDougall
h)
Eastern Ontario Warden’s Caucus Update - Warden & CAO
i)
Mississippi Rideau Tay Rural Health Hub Organizing Committee Warden Smith
j)
Food Policy Council of Kingston, Frontenac, Lennox and Addington Councillor Doyle
Reports from Advisory Committees of County Council
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. b)
Committee of the Whole Meeting held November 23, 2016 That the report of the Committee of the Whole Council meeting held November 23, 2016 be adopted and that the necessary actions or bylaws be enacted. Report of the Committee of the Whole
- 2016-132 Corporate Services 2017 Draft Budget Resolved that the Committee of the Whole of the County of Frontenac recommend inclusion of the 2017 Project Proposals presented in (Appendix A); subject to the following being removed from the 2017
Page 6 of 116
Page Budget: Community Opportunities Grants proposal; Community Schools Alliance proposal; North Frontenac ATV Festival proposal; Option 1 for operating funds to CFDC proposal. And finally that the County of Frontenac pass a by-law at its meeting on December 21, 2016 approving the 2017 Budget (as amended).
Motions, Notice of Which has Been Given a) Bill 9 End Age Discrimination Against Stroke Recovery Patients Act, 2016. [See Communications a)] Moved by: Councillor Higgins Seconded by: Councillor Inglis That the Council of the County of Frontenac support Bill 9 which states that all stroke victims receive care regardless of their age; And Further That a copy of this resolution be sent to the Honourable Eric Hoskins, Minister of Health and Long-Term Care, Lorne Coe, MPP, Whitby-Oshawa, Sophie Kiwala, MPP, Kingston and the Islands, and Randy Hillier, MPP (Lanark—Frontenac—Lennox and Addington)
Giving Notice of Motion
Communications That Council consent to the following communications of interest to Council listed below be received and filed: From MPP Lorne Coe regarding Bill 9 - End Age Discrimination Against a) Stroke Recovery Patients Act, 2016 [Distributed to Council on November 18, 2016] b)
From the Ministry of Indigenous Relations and Reconciliation regarding Inaugural Treaties Recognition Week [Distributed to Council on November 18, 2016]
c)
From the Ministry of Transportation regarding Ontario’s Climate Change Action Plan [Distributed to Council on November 18, 2016]
Page 7 of 116
Page
d)
Resolution from The Township of South Stormont regarding Rural Schools [Distributed to Council on November 18, 2016]
e)
Ontario Municipal Social Services Associations One Day Forum [Distributed to Council on November 18, 2016]
f)
Community Foundation of Kingston Opportunity to Partner to Fund Projects in Frontenac County in Celebration of Canada’s 150th [Distributed to Council on November 18, 2016]
g)
Notice of Public Information Centre 2 Class Environment Assessment Study Wolfe Island Ferry Dock [Distributed to Council on November 18, 2016]
h)
From the Ministry of Finance regarding the 2017 Provincial Uploads [Distributed to Council on November 18, 2016]
i)
Ombudsman of Ontario 2015-2016 Annual Report [Distributed to Council on November 18, 2016]
j)
Request for Support to End Unfair Taxation on Family Business Transfers [Distributed to Council on November 18, 2016]
k)
Councillor McDougall’s Conference Report 2016 [Distributed to Council on November 25, 2016]
l)
November 16, 2016 Regular County Council Meeting Minutes [Distributed to Council on November 25, 2016]
m)
October 26, 2016 Kingston, Frontenac, Lennox and Addington Board of Health Minutes [Distributed to Council on November 25, 2016]
n)
October 26, 2016 Kingston, Frontenac Public Library Board Meeting Minutes [Distributed to Council on November 25, 2016]
Page 8 of 116
Page o)
Town of Pelham Resolution regarding Improving Ontario Funding for Autism Support [Distributed to Council on November 25, 2016]
p)
Save the Date from AMO: Municipal Forum on Bill 151 - Waste Free Ontario Act [Distributed to Council on November 25, 2016]
q)
A Letter of Thanks from the Warden of Hastings County [Distributed to Council on December 2, 2016]
r)
AMO Policy Update - Report to Member Municipalities - Highlights of November Board Meeting [Distributed to Council on December 2, 2016]
s)
Christmas Card and Invitation From MPP Randy Hillier [Distributed to Council December 2, 2016]
t)
From AMO regarding the Federal Infrastructure Phase 2 Incrementality Resolution [Distributed to Council on December 2, 2016]
u)
From the Ministry of the Environment Releasing the Chief Drinking Water Inspector’s Annual Report [Distributed to Council on December 2, 2016]
v)
Email Concerning Farm Vehicles on Ferry [Distributed to Council on December 2, 2016]
w)
Resolution from the Township of McKellar regarding The Fire Protection And Prevention Act [Distributed to Council on December 2, 2016]
x)
From Bruce County Announcing their 2017 Warden [Distributed to Council on December 2, 2016]
y)
Memo regarding 2017 Perth County Warden [Distributed to Council on December 2, 2016]
z)
Resolution of Support from the Town of Lakeshore regarding the Accommodation Review Process
Page 9 of 116
Page [Distributed to Council on December 9, 2016] aa) Community Foundation Fall Issue of Ripples [Distributed to Council on December 9, 2016] ab) Kingston & Frontenac Housing Corporation Public Agenda for November 30, 2016 [Distributed to Council on December 9, 2016] ac)
Support Resolution to Amend the Funding Formula for Municipal Homes from the Municipality of West Nipissing [Distributed to Council on December 9, 2016]
ad) Thank you Letter from Mark Gerretsen M.P. for your Update Resolution regarding The Third Crossing [Distributed to Council on December 9, 2016] ae) Media Release from Middlesex County Announcing that Warden Shipway Has been Elected for 2016-2017 [Distributed to Council on December 9, 2016] af)
Card to County Council from Andrea Horwath MPP [Distributed to Council on December 16, 2016]
ag) Christmas Card to County Council from Patrick Brown MPP [Distributed to Council on December 16, 2016] ah) Correspondence from FCM regarding Canada 150 Community Leaders Network [Distributed to Council on December 16, 2016] ai)
From the Minister of Infrastructure and Communities regarding County letter of Support of the Third Crossing [Distributed to Council on December 16, 2016]
aj)
Joint County of Bruce and Grey Letter-Resolution regarding Rural School Closures [Distributed to Council on December 16, 2016]
ak)
Letter to Premier Kathleen Wynne from Zorra Township & Resolution regarding Rural Hydro Rates [Distributed to Council on December 16, 2016]
al)
From the Township of North Frontenac providing Notice of Passing Zoning By-Law [Distributed to Council on December 16, 2016]
am) Resolution from the Township of Hornepayne Regarding Municipal Fire
Page 10 of 116
Page Service [Distributed to Council on December 16, 2016] an) Township of Havelock-Belmont-Methuen Resolution Regarding Legislative Changes Impacting Tax Registrations and Tax Sale [Distributed to Council on December 16, 2016] 23.
Other Business
Public Question Period
By-Laws – General By-laws and Confirmatory By-law a) First and Second Reading Resolved That leave be given the mover to introduce by-laws a) through g) that have been circulated to all Members of County Council and that by-laws a) through g) be read a first and second time. b)
Third Reading Resolved That by-laws a) through g) be read a third time, signed, sealed and finally passed. By-Laws a)
To Appoint the Warden and the Deputy Warden for the 2017 Council Year (Proposed By-Law No. 2016-0046)
b)
To Adopt the Estimates for the Sums Required During the Year 2017 for the Purposes of the County of Frontenac (Proposed By-Law No. 2016-0047)
c)
To Set Tax Ratios and Tax Rate Reductions for Prescribed Property Sub-Classes for County of Frontenac Purposes and Local Municipal Purposes for the Taxation Year 2017 (Proposed By-Law No. 2016-0048)
d)
To Establish Tax Rates for the Year 2017 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. 2016-0049)
Page 11 of 116
Page
e)
To Authorize the Corporation of the County of Frontenac to Distribute the Federal Gas Tax Amongst its Four Lower-Tier Municipalities (Proposed By-law No. 2016-0050)
f)
To Appointment Members to the Emergency Management Program Committee (Proposed By-law No. 2016-0051)
g)
Confirmation of Actions and Proceedings of Council (Proposed By-Law No. 2016-0052)
Adjournment
Page 12 of 116
AGENDA ITEM #a)
Minutes of The Regular Meeting Of Council November 16, 2016 A regular meeting of the Council of the County of Frontenac was held in the Kingston Frontenac Rotary Auditorium at the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, November 16, 2016 and was called to order at 9:00 a.m. Regular business commenced at 9:30 a.m. There was a “Closed Meeting” of the Committee of the Whole from 9:00 am to 9:30 am. Present:
Warden Frances Smith, Deputy Warden Ron Vandewal, Councillors Ron Higgins, Denis Doyle, Natalie Nossal, Tom Dewey, John Inglis and John McDougall
Also Present:
County: Kelly Pender, Chief Administrative Officer Paul Charbonneau, Chief/Director of Emergency & Transportation Services Marian VanBruinessen, Director of Corporate Services/Treasurer Lisa Hirvi, Acting Administrator-Fairmount Home Jannette Amini, Manager of Legislative Services/Clerk Anne Marie Young, Manager of Economic Development Marco Smits, Communications Officer Media: Jeff Green, The Frontenac News, Elliot Ferguson, The Kingston Whig Standard and Craig Bakay, Frontenac EMC
Closed Session a)
Council recessed the closed session at 9:30 a.m. and reconvened in closed session following Public Question Period in order to complete item 3, Personal matters about an identifiable individual, including municipal or local board employees - as it relates to the Performance Appraisal of a municipal employee.
Motion #: 199-16
Moved By: Seconded By:
Councillor Higgins Deputy Warden Vandewal
Resolved That Council resolve itself into Committee of the Whole closed session as Authorized under Section 239 of The Municipal Act, to consider:
- Adoption of Closed Minutes of Meetings held September 21, 2016;
Minutes of Meeting held November 16, 2016
Page 13 of 116
AGENDA ITEM #a)
- Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - as it relates to the requirement for fencing along the K&P Trail;
- Personal matters about an identifiable individual, including municipal or local board employees - as it relates to the Performance Appraisal of a municipal employee;
- Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - as it relates to the Howe Island Ferry. Carried Motion #: 200-16
Moved By: Councillor Inglis Seconded By: Councillor McDougall Resolved That Council rise from Committee of the Whole closed session with the Warden reporting Carried Warden Smith reported that staff have been directed to follow the legal opinion of the County Solicitor with respect to the practice of priority boarding, specifically regarding agricultural vehicles. Approval of Addendum Motion #: 201-16
Moved By: Seconded By:
Councillor Dewey Councillor Nossal
Resolved That the addendum be approved and Procedural By-law 2013-0020 be waived and the agenda be amended to permit the reconvening of the closed session following Public Question Period. Carried Disclosure of Pecuniary Interest and General Nature Thereof There were none. Adoption of Minutes a)
Minutes of the Regular County Council Meeting held October 19, 2016
Motion #: 202-16
Moved By: Seconded By:
Councillor Doyle Councillor Higgins
Resolved That the minutes of the regular Council meeting held October 19, 2016 be adopted. Carried Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 2 of 12
Page 14 of 116
AGENDA ITEM #a)
b)
Minutes of the Special County Council Meeting held November 2, 2016
Motion #: 203-16
Moved By: Seconded By:
Deputy Warden Vandewal Councillor Inglis
Resolved That the minutes of the special Council meeting held November 2, 2016 be adopted. Carried c)
Minutes of the Committee of the Whole Meeting held October 12, 2016
Motion #: 204-16
Moved By: Seconded By:
Councillor McDougall Councillor Dewey
Resolved That the minutes of the Committee of the Whole meeting held October 12, 2016 be adopted. Carried Deputations and/or Presentations a)
John Suart, Manager and Steve Woodman, Executive Director, Family and Children’s Services of Frontenac, Lennox and Addington provided County Council with a presentation on the FACSFLA 2016 Community Report “A Day in the Life - 24 Hours inside our Children’s Aid Society”. [See Communications a)]
b)
Louise Moody, Executive Director, Northern Frontenac Community Services and David Townsend, Executive Director, Southern Frontenac Community Services provided Council with a presentation on the Rural Summit and next steps. Proclamations Move into Committee of the Whole
Motion #: 205-16
Moved By: Seconded By:
Councillor Nossal Councillor Doyle
That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Carried Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 3 of 12
Page 15 of 116
AGENDA ITEM #a)
Briefings a)
Mr. Kelly Pender, Chief Administrative Officer, provided Council with his monthly CAO briefing. Unfinished Business Recommend Reports from the Chief Administrative Officer
a)
2016-123 Planning & Economic Development K&P Trail – Fencing Requirements
Motion #: 206-16
Moved By: Seconded By:
Councillor McDougall Councillor Higgins
Whereas in the fall of 2009, County Council approved the Frontenac Trails Master Plan; Therefore Be It Resolved That staff be directed to issue a Request for Quotation for approximately 4000 feet of fencing for the property adjacent to the K&P Trail as described in this report; And Further That once tenders have been received that staff report back to Council for further direction. Carried b)
2016-124 Planning & Economic Development Verona Property Land Acquisition (6503 Highway 38, Township of South Frontenac)
Motion #: 207-16
Moved By: Seconded By:
Councillor Inglis Warden Smith
Be it Resolved the Council of the County of Frontenac consider a By-law later in the meeting, authorizing the Warden and Clerk to sign a Purchase and Sale Agreement for the property located at 6503 Highway 38, in the Township of South Frontenac. Carried
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 4 of 12
Page 16 of 116
AGENDA ITEM #a)
c)
2016-125 Corporate Services Benefits Carrier Award of Contract
Motion #: 208-16
Moved By: Seconded By:
Councillor Nossal Councillor Doyle
Resolved That Council of the County of Frontenac receive the Corporate Services – Benefit Carrier Award of Contract report; And Further That Council of the County of Frontenac authorize the Treasurer to negotiate a contract with Industrial Alliance for the provision of long term disability, ILife insurance and extended health benefits. Carried d)
2016-126 Corporate Services Insurance Carrier Award of Contract
Motion #: 209-16
Moved By: Seconded By:
Councillor Dewey Warden Smith
Resolved That Council of the County of Frontenac receive the Corporate Services – Insurance Carrier Award of Contract report; And Further That Council direct the Treasurer to negotiate a contract with Frank Cowan Company Limited for the provision of insurance in 2017 with the option of renewal in 2018 and 2019. Carried Information Reports from the Chief Administrative Officer a)
2016-127 Corporate Services Public Survey
b)
2016-128 Corporate Services 2016 3rd Quarter Financial Report
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 5 of 12
Page 17 of 116
AGENDA ITEM #a)
Reports from Council Liaison Appointees a)
Emergency and Transportation Services - Councillor Nossal
Councillor Nossal provided an overview of the Emergency and Transportation Services Department liaison activities since the last Council meeting. b)
Long Term Care (Fairmount Home) - Councillor Inglis
Councillor Inglis provided an overview of the Long Term Care (Fairmount Home) Department liaison activities since the last Council meeting. c)
Corporate Services - Councillor Dewey
There was no report regarding Corporate Services. d)
Planning and Economic Development - Councillor McDougall
Councillor McDougall provided an overview of the Planning and Economic Development Department liaison activities since the last Council meeting. Reports from External Boards and Committees a)
Kingston Frontenac Library Board Update - Deputy Warden Vandewal
Deputy Warden Vandewal provided an update of the happenings of the Board since the last meeting. b)
KFL&A Public Health Board Update - Councillor Doyle
Councillor Doyle provided an update of the happenings of the Board since the last meeting. c)
RULAC, LSR and Other Updates
No Report d)
Algonquin Land Claim Update - Councillor Inglis
No Report
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 6 of 12
Page 18 of 116
AGENDA ITEM #a)
e)
Frontenac County Youth Justice Advisory Committee Update Councillor Nossal
No Report f)
Housing and Homelessness Committee Update - Councillor McDougall
No Report g)
Rideau Corridor Landscape Steering Committee Update - Councillor McDougall
No Report h)
Eastern Ontario Warden’s Caucus Update - Warden & CAO
No Report i)
Mississippi Rideau Tay Rural Health Hub Organizing Committee Warden Smith
No Report j)
Food Policy Council of Kingston, Frontenac, Lennox and Addington Councillor Doyle
Councillor Doyle provided an update of the happenings of the Food Policy Council since the last meeting. Reports from Advisory Committees of County Council a)
Report of the Community Development Advisory Committee
Motion #: 210-16
Moved By: Seconded By:
Councillor Higgins Councillor McDougall
All items listed on the Community Development Advisory Committee Report shall be the subject of one motion. Any member of County Council may ask for any item(s) included in the Community Development Advisory Committee Report to be separated from that motion and considered separately, whereupon the Community Development Advisory Committee Report without the separated item(s) shall be put to the vote and the separated item(s) shall be considered immediately thereafter.
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 7 of 12
Page 19 of 116
AGENDA ITEM #a)
THAT the Report received from the Community Development Advisory Committee be received and adopted. Report of the Community Development Advisory Committee Potential Kiosk for Verona Trail Head That the Council of the County of Frontenac accept the donation of a kiosk from the Verona Community Association; And Further That it be placed at the K&P trailhead located at the corner of Bellrock Road and South Frontenac Road 38 in Verona; recognizing that the kiosk will be moved and maintained by South Frontenac; And Finally That the designer and the volunteers for installation of the kiosk be acknowledged at the new location. Carried Return to Council Motion #: 211-16
Moved By: Seconded By:
Councillor Doyle Councillor Inglis
That Council revert from Committee of the Whole Council, to Council. Carried Adoption of the Report of the Committee of the Whole Council Motion #: 212-16
Moved By: Seconded By:
Councillor Dewey Deputy Warden Vandewal
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)
Councillor Inglis advised that he will be bringing a motion forward to the next meeting regarding a survey of long-term care homes.
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 8 of 12
Page 20 of 116
AGENDA ITEM #a)
Communications That Council consent to the following communications of interest to Council listed below be received and filed: a)
2016 Report from Family And Children Services of Frontenac Lennox & Addington [Distributed to Council on October 21, 2016]
b)
Food Matters Poster 2016 [Distributed to Council on October 21, 2016]
c)
From Henriette & François Leduc seeking liver donation for their Daughter [Distributed to Council on October 21, 2016]
d)
Kingston Frontenac Lennox & Addington Board Of Health Meeting Minutes for June 22, 2016 [Distributed to Council on October 21, 2016]
e)
Community Foundation 2016 Edition of Vital Signs [Distributed to Council on October 21, 2016]
f)
Invitation to the Warden to Attend Lanark County Wardens Reception [Distributed to Council on October 21, 2016]
g)
From ROMA requesting nominations to the ROMA Board of Directors Zone 6 [Distributed to Council on October 21, 2016]
h)
Northern Frontenac Community Services 2015 Annual Report & Fall Insert [Distributed to Council on October 21, 2016]
i)
Township of North Frontenac Resolution Regarding Support for Ontario Electrical Bills [Distributed to Council on October 21, 2016]
j)
Township of North Frontenac Notice of Public Meeting Regarding Zoning By-Law Amendments [Distributed to Council on October 21, 2016]
k)
Loyalist Township Notice of Special Public Meeting Official Plan Review [Distributed to Council on October 28, 2016]
l)
Ministry of Indigenous Relations and Reconciliation Agreement-in-Principle Algonquin Land Claim [Distributed to Council on October 28, 2016]
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 9 of 12
Page 21 of 116
AGENDA ITEM #a)
m)
MPAC Understanding your Farm Property Assessment Notice [Distributed to Council on October 28, 2016]
n)
September 28, 2016 Kingston Frontenac Public Library Board Minutes [Distributed to Council on October 28, 2016]
o)
Thank you Card to the Warden Regarding the Wardens Reception [Distributed to Council on October 28, 2016]
p)
AMO Annual Report on the Federal Gas Tax Fund - 2015 Expenditure Report Pt. 1 [Distributed to Council on October 28, 2016] North Frontenac Request for Support Regarding Ontario Electricity Bills [Distributed to Council on October 28, 2016]
q) r)
CFDC Funding Request [Distributed to Council on October 28, 2016]
s)
From the Honourable Kathleen Wynne, Premier, acknowledging receipt of correspondence regarding support of third crossing [Distributed to Council on November 4, 2016]
t)
Notice of Open House regarding the North Frontenac Official Plan Five Year Review on November 26, 2016 [Distributed to Council on November 4, 2016]
u)
Enbridge Safety Report to the Community [Distributed to Council on November 4, 2016]
v)
Ministry of Municipal Affairs and Housing - Notice of Decision on County of Frontenac Official Plan Amendment No. 1 [Distributed to Council on November 4, 2016]
w)
From TransCanada Regarding Natural Gas Pipeline Safety Information [Distributed to Council on November 11, 2016] Other Business Public Question Period
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Page 10 of 12
Page 22 of 116
AGENDA ITEM #a)
Reconvening of Closed Session Motion #: 213-16
Moved By: Seconded By:
Councillor Inglis Councillor Dewey
Resolved That Council resolve itself into Committee of the Whole closed session as authorized under Section 239 of The Municipal Act, to consider:
- Personal matters about an identifiable individual, including municipal or local board employees - as it relates to the Performance Appraisal of a municipal employee. Carried Council recessed at 10:49 a.m. Council reconvened in closed session at 11:05 a.m. Regular business reconvened at 12:00 p.m. Motion #: 214-16
Moved By: Seconded By:
Councillor Higgins Councillor Nossal
Resolved That Council rise from Committee of the Whole closed session without reporting Carried By-Laws – General By-laws and Confirmatory By-law a)
First and Second Reading
Motion #: 215-16
Moved By: Seconded By:
Councillor Doyle Councillor Inglis
Resolved That leave be given the mover to introduce by-laws a) and b) that have been circulated to all Members of County Council and that by-laws a) and b) be read a first and second time. Carried b)
Third Reading
Motion #: 216-16
Moved By: Seconded By:
Councillor Dewey Councillor McDougall
Resolved That by-laws a) and b) be read a third time, signed, sealed and finally passed. Carried
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
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AGENDA ITEM #a)
By-Laws a)
To Authorize the Warden and Clerk to Execute an Agreement of Purchase and Sale with the Township of South Frontenac (K&P Trail acquisition) (Proposed By-Law No. 2016-0042)
b)
To Confirm All Actions and Proceedings of Council (Proposed By-Law No. 2016-0043) Adjournment
Motion #: 217-16
Moved By: Seconded By:
Deputy Warden Vandewal Councillor Nossal
That the meeting hereby adjourn at 12:02 p.m. Carried
Frances Smith, Warden
Regular Meeting of Council Minutes November 16, 2016
Minutes of Meeting held November 16, 2016
Jannette Amini, Clerk
Page 12 of 12
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AGENDA ITEM #b)
Minutes of the Special Meeting of Council November 23, 2016 A special meeting of the Council of the County of Frontenac was held in the Frontenac Room of the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, November 23, 2016 at 9:00 AM Present:
Warden Frances Smith, Deputy Warden Ron Vandewal, Councillors Tom Dewey, Denis Doyle, Ron Higgins, John Inglis, John McDougall and Natalie Nossal
Also Present:
County: Kelly Pender, Chief Administrative Officer Marian VanBruinessen, Director of Corporate Services/Treasurer Susan Brant, Deputy Treasurer Paul Charbonneau, Chief/Director of Emergency & Transportation Services Lisa Hirvi, Acting Administrator-Fairmount Home Joe Gallivan, Director of Planning and Economic Development Jannette Amini, Manager of Legislative Services/Clerk Marco Smits, Communications Officer
Approval of Addendum
Closed Session
Disclosure of Pecuniary Interest and General Nature Thereof
There were none. 4.
Adoption of Minutes
Deputations and/or Presentations
Minutes of Special Meeting held November 23, 2016
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AGENDA ITEM #b)
Proclamations
Move into Committee of the Whole
Motion #: 218-16
Moved By: Seconded By:
Councillor Higgins Deputy Warden Vandewal
That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Carried 8.
Briefings
Unfinished Business
Recommend Reports from the Chief Administrative Officer a)
2016-131 Corporate Services Permission to Enter into Agreement with the Province of Ontario for the Ontario Community Infrastructure Fund (OCIF)
Motion #: 219-16
Moved By: Seconded By:
Councillor Inglis Councillor McDougall
Resolved That the Council of the Corporation of the County of Frontenac receive the Corporate Services – Permission to Enter into Agreement with the Province of Ontario for the Ontario Community Infrastructure Fund (OCIF); And Further That a by-law be passed later in the meeting authorizing the Warden and the Clerk to enter into an agreement with the Province of Ontario for the Ontario Community Infrastructure Fund (OCIF). Carried 11.
Information Reports from the Chief Administrative Officer
Special Meeting of Council Minutes November 23, 2016
Minutes of Special Meeting held November 23, 2016
Page 2 of 5
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AGENDA ITEM #b)
Reports from Council Liaison Appointees
Reports from External Boards and Committees
Reports from Advisory Committees of County Council
Return to Council
Motion #: 220-16
Moved By: Seconded By:
Councillor Dewey Councillor Nossal
That Council revert from Committee of the Whole Council, to Council. Carried 16.
Adoption of the Report of the Committee of the Whole Council
Motion #: 221-16
Moved By: Seconded By:
Councillor Doyle Councillor Higgins
That the report of the Committee of the Whole Council be adopted and that the necessary actions or by-laws be enacted. Carried 17.
Motions, Notice of Which has Been Given
Giving Notice of Motion
Communications
Special Meeting of Council Minutes November 23, 2016
Minutes of Special Meeting held November 23, 2016
Page 3 of 5
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AGENDA ITEM #b)
Other Business
Public Question Period
By-Laws – General By-laws and Confirmatory By-law First and Second Reading
Motion #: 223-16
Moved By: Seconded By:
Deputy Warden Vandewal Councillor Inglis
Resolved That leave be given the mover to introduce by-laws a) and b) that have been circulated to all Members of County Council and that by-laws a) and b) be read a first and second time. Carried Third Reading Motion #: 224-16
Moved By: Seconded By:
Councillor McDougall Councillor Dewey
Resolved That by-laws a) and b) be read a third time, signed, sealed and finally passed. Carried By-Laws To Enter Into Agreement with the Province of Ontario for the Ontario Community Infrastructure Fund (OCIF) (Proposed By-Law No. 2016-0044) To Confirm All Actions and Proceedings of Council (Proposed By-Law No. 2016-0045)
Special Meeting of Council Minutes November 23, 2016
Minutes of Special Meeting held November 23, 2016
Page 4 of 5
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AGENDA ITEM #b)
Adjournment
Motion #: 225-16
Moved By: Seconded By:
Councillor Nossal Councillor Doyle
That the meeting hereby adjourn at 9:03 a.m. Carried
Frances Smith, Warden
Special Meeting of Council Minutes November 23, 2016
Minutes of Special Meeting held November 23, 2016
Jannette Amini, Clerk
Page 5 of 5
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AGENDA ITEM #c)
Minutes of the Meeting of the Committee of the Whole November 23, 2016 A meeting of the Committee of the Whole of the County of Frontenac was held in the Frontenac Room of the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, November 23, 2016 and was called to order at 9:15 a.m. There was a “Closed Meeting” of the Committee of the Whole from 9:15 am to 9:30 am. Present:
Warden Denis Doyle, Deputy Warden Frances Smith, Councillors Ron Higgins, Ron Vandewal, John Inglis, John McDougall, Natalie Nossal and Tom Dewey
Also Present:
County: Kelly Pender, Chief Administrative Officer Marian VanBruinessen, Director of Corporate Services/Treasurer Paul Charbonneau, Director of Emergency & Transportation Services Lisa Hirvi, Acting Administrator-Fairmount Home Joe Gallivan, Director of Planning and Economic Development Jannette Amini, Manager of Legislative Services/Clerk Susan Brant, Deputy Treasurer Alex Lemieux, Financial Analyst Media: Jeff Green, The Frontenac News
Closed Session Moved By: Seconded By:
Councillor Doyle Warden Smith
Resolved That Committee of the Whole resolve itself into closed session as authorized under Section 239 of The Municipal Act, to consider:
- Labour Relations or employee negotiations - as it relates to upcoming negotiations with the County’s bargaining units
- Personal matters about an identifiable individual, including municipal or local board employees - as it relates to a former employee of the Corporation. Carried
Minutes of the Committee of the Whole Meeting held November …
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AGENDA ITEM #c)
Moved By: Seconded By:
Councillor Nossal Councillor Dewey
Resolved That Committee of the Whole rise from closed session without reporting Carried Adoption of Agenda Moved By: Seconded By:
Councillor McDougall Councillor Inglis
Resolved That the agenda for the November 23, 2016 meeting of the Committee of the Whole be approved. Carried Disclosure of Pecuniary Interest and General Nature Thereof There were none. Deputations and/or Presentations Reports a)
2016-127 Corporate Services Public Survey
It was noted to Committee of the Whole that as per the Budget Policy, this type of survey will be done once during each term of Council, typically during the second year of the term. b)
2016-133 Planning and Economic Development Community Opportunities Grant
Mr. Pender noted that additional information from staff on measurements of previous grant programs was requested at the October 12 budget meeting and the purpose of this report was to provide this information to the Committee of the Whole. c)
2016-134 Corporate Services FMIS Enterprise Software
Mr. Pender noted that additional information from staff was requested at the October 12 budget meeting and the purpose of this report was to provide this information to the
Meeting of the Committee of the Whole Minutes November 23, 2016
Minutes of the Committee of the Whole Meeting held November …
Page 2 of 6
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AGENDA ITEM #c)
Committee of the Whole. He advised Council that the staff recommendation in the following 2017 Draft Budget report recommends that this project not move forward in 2017 due to the availability of staff time to carry it out successfully. c)
2016-132 Corporate Services 2017 Draft Budget Moved By: Councillor Higgins Seconded By: Councillor Nossal Resolved that the Committee of the Whole of the County of Frontenac accept this Corporate Services – 2017 Draft Budget report and 2017 Draft Budget document (Appendix B) for discussion; And further that the Committee of the Whole of the County of Frontenac recommend inclusion of the 2017 Project Proposals presented in (Appendix A); subject to the following being removed from the 2017 Budget:
Community Opportunities Grants proposal; Community Schools Alliance proposal; North Frontenac ATV Festival proposal; Option 1 for operating funds to CFDC proposal.
And finally that the Committee of the Whole of the County of Frontenac recommend that the Council of the County of Frontenac pass a by-law at its meeting on December 21, 2016 approving the 2017 Budget (as amended). Carried as amended (See Motion to Amend below which was Carried) Motion to Amend Moved By: Seconded By:
Councillor Higgins Councillor Inglis
Resolved that the motion be amended to remove the following 2017 Project Proposals presented in Appendix A:
Community Opportunities Grants proposal; the Community Schools Alliance proposal; the North Frontenac ATV Festival proposal; option 1 for operating funds to CFDC proposal; Carried
Planning and Economic Development It was pointed out the amount of funding that the County is spending on Trails and that the Trail should start being self-sustainable. It was questioned if the County should start looking at charging a user fee as most other recreational areas such as Big Sandy Bay Meeting of the Committee of the Whole Minutes November 23, 2016
Minutes of the Committee of the Whole Meeting held November …
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AGENDA ITEM #c)
and other Trails charge a user fee. Mr. Gallivan advised that the Trails Master Plan has always indicated the Trail be would free of charge. The County now has a contract in place with the Eastern Ontario Trails Alliance to maintain the trail at $400/KM with the exception that they would not be able to charge a fee. It was also pointed out that if a motorized vehicle is using the trail, once it hits Sharbot Lake the user will require a pass and pay a fee. Action – CDAC to review the Trails Master Plan to look at including user fees Questions were raised regarding the capacity to maintain the Planning services provided to the townships and if not, is there a plan in place, such as the use of contracted services. Mr. Gallivan advised that a summer student will help. Planning staff are on track to address all 3 Township Official Plans that were not addressed by the Ministry of Municipal Affairs. Staff are currently working on North Frontenac’s Official Plan, with Central Frontenac’s next and South Frontenac’s to follow. With respect to identified risks, Mr. Gallivan noted the largest intangible risk is the upcoming OMB hearings which will take a minimum of 3 weeks of his time and in these situations, the County may need to contract services. Ms. VanBruinessen further noted that the County has a Sustainability Reserve to provide for required planning reports as well as OMB requirements. If contracted services are required, that cost would come from this reserve. Mr. Gallivan advised that he will bring a report forward in the future regarding the state of the Sustainability Reserve as he feels the upcoming OMB hearing for the Hartington Subdivision will cost the County a minimum of $30,000. The Committee of the Whole recessed 10:42 a.m. The Committee of the Whole reconvened at 10:49 a.m. Fairmount Home Some concerns were expressed over the cost of hydro and staff provided an overview of its mitigation strategies. Emergency and Transportation Services Chief Charbonneau noted that with the implementation of the new power stretchers that Council supported, the Frontenac Paramedic Services have had 3 months with no muscle-skeletal injuries. Questions were asked if the $170,000 over 3 years for sick time included the muscle-skeletal injuries and if so, should this number not be reduced. Ms. VanBruinessen indicated that the Ministry funds this portion of the budget and the County should be cautious not to underestimate this calculation or it would end up paying the full cost. Social Services It was noted that the End of Operating Agreement costs are not included in this budget. Some concerns were expressed that the Lean 6 Sigma exercises were to find cost savings for the County which does not appear to be happening. A program titled
Meeting of the Committee of the Whole Minutes November 23, 2016
Minutes of the Committee of the Whole Meeting held November …
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AGENDA ITEM #c)
Program Based Marginal Analysis was noted to staff and that this program is used by KFL&A Public Health who has seen a 3% savings and it was questioned if staff could look at this program. Action – Staff to investigate Program Based Marginal Analysis Mr. Pender noted that many costs, such as staffing at Fairmount Home, are an issue and these are legislated requirements. This increase also takes into account the new CPP which both employees and employers are required to pay. Concerns were expressed that sick time is not being addressed. Mr. Pender noted that the Lean exercise with Council Liaisons planned for December 12 will look at this. Budget Details The Committee reviewed each of the project proposals and a motion was considered to amend the main motion to remove certain projects Councillor Inglis deferred his request of $10,000 being allocated to carry out a review of Fairmount Home until next year given that its requisition is down. Rise and Report Moved By: Seconded By:
Councillor Dewey Councillor Nossal
That the Committee of the Whole rise; And Further That the report of the Committee of the Whole Council be forwarded to County Council for adoption. Carried Communications Notice of Motions Other Business Public Question Period
Meeting of the Committee of the Whole Minutes November 23, 2016
Minutes of the Committee of the Whole Meeting held November …
Page 5 of 6
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AGENDA ITEM #c)
Mr. Andrew Gagnon asked questions regarding what the implantation of the new ambulance will look like. Chief Charbonneau noted that the new ambulance will commence on July 1, 2017 as an 8 hour shift, 7 days per week. This will continue in 2018 and on January 1, 2019, 4 hours will be added to make this a 12 hour shift 7 days per week. Adjournment Moved By: Seconded By:
Councillor Inglis Councillor McDougall
That the meeting hereby adjourn at 12:33 p.m. Carried
Meeting of the Committee of the Whole Minutes November 23, 2016
Minutes of the Committee of the Whole Meeting held November …
Page 6 of 6
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AGENDA ITEM #a)
County of Frontenac County Council Meeting December 21,2016 Delegation Remarks Outline Subject: The lifting of the Howe Island County Ferry Heavy Vehicle Restrictions A) Ferry service to and from Howe Island B) Heavy Vehicle Restrictions C) Craig Letter D) The Farming and Food Production and Protection Act E) The County’s response to the Craig Letter F) Absence of an Applicable Bylaw G) Lifting the Restrictions- Process H) Balancing of interests on Howe Island I)
Request: Reinstate the Heavy Vehicle Restrictions
Bill Robertson December 13 2016
Mr. Bill Robertson and Mr. George Thomson will address Count…
Page 36 of 116
Mr. Kelly Pender , Chief Administrative Officer, will provid…
Administrative Report December 21, 2016 Report 2016-10 (subject to change)
AGENDA ITEM #a)
Page 37 of 116
Mr. Kelly Pender , Chief Administrative Officer, will provid…
Meeting Schedule • • • • • • • • • • • •
November 16 - County Council November 22 – Frontenac Accessibility Advisory Committee Meeting November 23 - Budget 2017 November 24- EORN, Peterborough November 25- EOWC CAO meeting, Perth November 28 - Big Data for Small Places Training Session Day 1, County December 1 - Frontenac CAO’s December 6 - Seniors Housing Task Force, South Frontenac Township December 7 - Council Liaison Meetings, County December 8 - Community Development Advisory Committee December 14 - Administrative Building Design Task Force meeting December 14 - Frontenac CAO’s and Treasurers Meeting • • • • •
December 20 - Big Data for Small Places Training Day 2 December 21 - Council
AGENDA ITEM #a)
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• •
Status of Fire Service Reviews in NF and CF Frontenac Municipal Information Services – Service Level Agreement In-Field Communications Update Land Use Planning – Work Plan Waste Management – Direction from Public Works Managers
Mr. Kelly Pender , Chief Administrative Officer, will provid…
Activity • Yellow Belts (Wave 2) currently working on 5 Lean Projects Return to Work Departing Employees Records Management/ Archives Quality Assurance Equipment Malfunction/ breakage
AGENDA ITEM #a)
Page 39 of 116
Mr. Kelly Pender , Chief Administrative Officer, will provid…
Project Updates: Big Data for Small Places • Community Schools • Trail Hub Communities • Communal Servicing • Rural Transportation
AGENDA ITEM #a)
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Day 1 Training – November 28 Day 2 Training – December 20 Day 3 Training – January 11 Day 4 Training – January 25
Mr. Kelly Pender , Chief Administrative Officer, will provid…
EOWC Update FROM CAO AGENDA –2017 Budgets Queen’s Park Lobby Day with EOMC in October 2017 MPAC Assessment Values Draft Letter to UCDSB: Pupil Accommodation Review Op- Ed Letter on Natural Gas vs Propane for Response Consultant Summary of MMA Growth Plan Interviews Inter- Municipal Ambulance Billing with City of Ottawa OMAFRA/MEDG Consultation on RED/ EODF Funding Recap of 2016/ Engagement with Wardens/ Successes Presentations / Messaging for Incoming Wardens in January Eastern Ontario Regional Network (EORN)
AGENDA ITEM #a)
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• • • • • • • • • • •
Mr. Kelly Pender , Chief Administrative Officer, will provid…
AMCTO Legislative Updates Annotated Versions of MA and MCIA, as Amended by Bill 68 As Bill 68 moves through the legislative process we’re happy to share annotated versions of the Municipal Act and Municipal Conflict of Interest Act with the proposed amendments in track changes. Auditor General Releases Annual Report Last week Ontario Auditor General (AG) Bonnie Lysyk released her 2016 annual report. New Poll Shows Support for Wind Turbines New polling, released by Forum Research, shows relatively strong support for the use of wind turbines. Support for Road Tolls Sharply Divided
AGENDA ITEM #a)
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Recently released public polling shows that support for the use of road tolls in the GTHA is deeply divided, with drivers the least supportive and cyclists the most supportive.
Mr. Kelly Pender , Chief Administrative Officer, will provid…
AMCTO Policy Updates
AGENDA ITEM #a)
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• Government of Ontario Tables Fall Economic Statement: The Government of Ontario tabled its fall economic statement, which was full of measures designed to address the high cost of housing. • 2017 OMPF Allocations Announced: The Ministry of Finance issued the 2017 allocation notices for funding under the Ontario Municipal Partnership Fund (OMPF). • Province Introduces Legislation Allowing Municipalities to Use Photo Radar: The government has announced its plans to allow municipalities to use photo radar to detect speeding and set reduced speed limits on municipal roads. • Government Approves First Driverless Car Pilot Program: The government of Ontario has approved Canada’s first pilot program for automated vehicles (driverless cars). • Government Consulting on Proposal to Use Fire Services for Paramedic Care: The Ministry of Health and Long-term Care (MOHLTC) has released a discussion paper exploring the viability of allowing fire services to provide paramedic care.
Mr. Kelly Pender , Chief Administrative Officer, will provid…
AMCTO Policy Updates •
•
•
•
•
AGENDA ITEM #a)
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Regional Chairs to be Directly Elected: The government’s omnibus fall budget bill includes a provision that would require all regional chairs to be directly elected. State of Maine to Adopt Ranked Ballots: During the US general election, voters in Maine passed a ballot initiative that will make Maine the first state in the United States to adopt ranked ballot voting. Federal Fall Economic Update Includes Increased Funding for Infrastructure: The federal government’s fall economic statement, announced by Finance Minister Bill Morneau, included a greater than expected focus on infrastructure spending. Province Announces New Investments in Housing and Homelessness: The government announced that it is increasing its investments to help municipalities work with individuals and families to find safe and affordable housing. PBO Predicts Lower Than Expected Revenue from Marijuana Legalization: A new report from the Parliamentary Budget Officer (PBO) predicts that government proceeds from legalizing marijuana will be lower than expected, forecasting government revenue in the millions not billions of dollars.
Mr. Kelly Pender , Chief Administrative Officer, will provid…
AMCTO Policy Updates •
•
•
•
•
AGENDA ITEM #a)
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•
Three (potentially four) More American States Vote to Legalize Recreational Marijuana: Voters in California, Massachusetts, and Nevada all voted to fully legalize marijuana for recreation purposes in last month’s US general election. Government Consulting on Cycling Strategy: The Ministry of Transportation (MTO) is conducting consultations on its proposed cycling strategy. Think Tank Calling for Targeted Funding for Economic Development in Ontario’s North: The Northern Policy Institute (NPI) is calling on the government of Ontario to introduce new targeted economic development stimulus spending for northern Ontario. Government Consulting on Basic Income Pilot: The government is looking for feedback as it designs a new pilot project for a proposed basic income program. New Framework for Forfeited Corporate Property to Take Effect: On December 10, 2016 new rules for managing forfeited corporate property will take effect. Auditor General Releases Annual Report: Ontario Auditor General (AG) Bonnie Lysyk released her 2016 annual report.
Mr. Kelly Pender , Chief Administrative Officer, will provid…
AMCTO Policy Updates • Support for Road Tolls Sharply Divided: New polling shows that support for the use of road tolls in the GTHA is deeply divided, with drivers the least supportive and cyclists the most supportive.
AGENDA ITEM #a)
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Mr. Kelly Pender , Chief Administrative Officer, will provid…
Bills and Lawmaking •
•
•
AGENDA ITEM #a)
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Bill 65, the Safer School Zones Act, which would allow municipalities to use photo radar to detect speeding and create zones with reduce speed limits, was introduced and received first reading. Bill 68, the Modernizing Ontario’s Municipal Legislation Act, which introduces a series of reforms to key municipal legislation, was introduced and received first reading. Bill 70, the Building Ontario Up for Everyone Act (Budget Measures), was introduced and received second reading. Amongst other things, this omnibus budget bill would require regional chairs to be directly elected.
Mr. Kelly Pender , Chief Administrative Officer, will provid…
AMO Updates Provincial Matters Municipal governments are eligible to apply for the Seniors Community Grant until March 3rd, 2017 for projects that encourage seniors’ community involvement through volunteerism, learning, social inclusion and physical activity.
AGENDA ITEM #a)
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The Ministry of Economic Development and Growth and the Ministry of Agriculture, Food and Rural Affairs invite you to participate in a consultation regarding the government’s regional business support programs. Four consultations have been planned for: December 8 - 1:30 pm, Leamington; December 9 - 9:30 am, Collingwood; December 13 - 1:30 pm, Casselman; January 9 - 1:30 pm, Quinte West. Please RSVP to jpf@ontario.ca by providing your name, email address, the location and whether you plan to attend in person or remotely. If you are unable to attend any of the consultations, your input via online survey is welcome.
Mr. Kelly Pender , Chief Administrative Officer, will provid…
AMO Updates Federal Matters The call for nominations for Canada’s Volunteer Awards is now open until February 3, 2017. You are invited to nominate a not-for-profit organization, an individual, a group or a business who is making a difference in their community to receive an award, and promote the call for nominations to your stakeholders.
AGENDA ITEM #a)
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Fisheries and Oceans Canada has launched National Aquatic Species at Risk Maps. Each map shows distribution and Critical Habitats for aquatic species listed under the Species at Risk Act across Canada. For Ontario, these new maps will replace the Ontario Aquatic Species at Risk maps that were previously posted on Conservation Ontario’s website.
Mr. Kelly Pender , Chief Administrative Officer, will provid…
FCM Canada 150th Community Leaders will be asked to share information through their networks, and if available, to participate in local events. There are no associated costs or travel requirements and the time commitment is estimated at less than 2 hours per month. Canada 150 Community Leaders may be a council member or prominent community representative. Many municipalities have identified multiple Community Leaders to ensure a strong representation from their municipality.
AGENDA ITEM #a)
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Further information, a toolkit and forms are available at www.fcm.ca/Canada150 .
Mr. Kelly Pender , Chief Administrative Officer, will provid…
Brand Ambassador Program: Up to 53
AGENDA ITEM #a)
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http://www.frontenacmaps.ca/brandambassadors/ #FrontCnl »>
Mr. Kelly Pender , Chief Administrative Officer, will provid…
Brand Ambassador Program on Facebook
Bill and Kerry Arthur of Sydenham Pet & Farm Supply
AGENDA ITEM #a)
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This post was shared more than 300 times and interacted with more than 1,300 times. It reached an astonishing 21,000 people which is almost as many people as live in the County. “There is definitely as spike in (Facebook) likes (for us) which is awesome. So many people have told us that they have shared it to their page :) I think this is a fantastic initiative and a great way to promote #inFrontenac and local businesses”
Mr. Kelly Pender , Chief Administrative Officer, will provid…
Twitter Stats FPS November
AGENDA ITEM #a)
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Mr. Kelly Pender , Chief Administrative Officer, will provid…
Twitter Stats County – November
AGENDA ITEM #a)
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The top FPS tweet for November was a very nice feel good story, the fact that a “stranger” left Tim Hortons gift cards on the window of one of our ambulances down town, but it also became our most liked tweet ever. It was liked more than 230 times and seen by 13,000 people and because of that exposure it was mentioned on many morning radio shows and other websites.
Mr. Kelly Pender , Chief Administrative Officer, will provid…
Community County of Frontenac workplace campaign raised $6330.95 for the United Way serving KFL&A. Way to Go! Special thank you to the Campaign Team: Katie Johnson (Fairmount Home), Jennifer Dawson (Emergency and Transportation Services); Kym St. Pierre (Fairmount Home); Trina Jones (Corporate Services); Cassandra Drady (Fairmount Home); Angelique Tamblyn, Employee Campaign Coordinator (Corporate Services)
AGENDA ITEM #a)
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Mr. Kelly Pender , Chief Administrative Officer, will provid…
Staff Announcements • Anne Marie Young, Manager of Economic Development retired December 16, 2016 • Announcement pending re new Manager of Economic Development, start date TBD AGENDA ITEM #a)
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Mr. Kelly Pender , Chief Administrative Officer, will provid…
Upcoming 2017 Conferences
AGENDA ITEM #a)
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• EOWC AGM – January 5-6, Kingston • ROMA Annual Conference – January 29-31, 2017 • OGRA Annual Conference, February 26 - March 1, 2017, Toronto • FCM Conference June 1-4, 2017, Ottawa • AMCTO Conference June 11-14, Huntsville • AMO Conference, August 2017, Ottawa
AGENDA ITEM #a)
Report 2016-138 Council Recommend Information Report To:
Warden and Members of County Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Paul J. Charbonneau, Chief of Paramedic Services /Director of Emergency & Transportation Services
Date prepared:
December 12, 2016
Date of meeting:
December 21, 2016
Re:
Emergency and Transportation Services – Request to Reconsider Decision of the Lifting of the Heavy Vehicle Restrictions to Vehicles Supporting Agricultural Operations
Recommendation Resolved That the Council of the County of Frontenac receive the Emergency and Transportation Services – Request to Reconsider Decision of the Lifting of the Heavy Vehicle Restrictions to Vehicles Supporting Agricultural Operations report; And Further That the Council of the County of Frontenac receives the correspondence from Kurtis R. Andrews, Farm & Animal Welfare Lawyer, dated December 12, 2016 and J.G. Cowan WeirFoulds LLC, dated December 12, 2016; And Further That the County of Frontenac take no further action. Background At a closed session of County Council held November 16, 2016, Council received a legal opinion from its Solicitor regarding the Howe Island Ferry Operations. As a result, Warden Smith reported in open session that staff have been directed to follow the legal opinion of Mr. Tony Fleming, the County Solicitor, with respect to the practice of restricting heavy vehicles that support agricultural operations.
2016-138 Emergency and Transportation Services Request to Re…
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AGENDA ITEM #a)
Comment On December 12, 2016, the County of Frontenac received correspondence from Kurtis R. Andrews, Farm & Animal Welfare Lawyer and Jeff G. Cowan, WeirFoulds LLC, representing members of Howe Island with concerns over council’s recent decision to amend their practice, with regards to loading vehicles supporting agricultural operations. Both letters are appended to this report, Schedule “A”. Although the legal basis for the civil actions threatened against the County is unclear in the correspondence, Mr. Fleming notes that regarding the establishment of policy (and in this instance, the policy related to Restricting Heavy Vehicles), Part XI of the Municipal Act states: Policy decisions 450. No proceeding based on negligence in connection with the exercise or nonexercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of a municipality or local board made in a good faith exercise of the discretion, shall be commenced against, (a) a municipality or local board; (b) a member of a municipal council or of a local board; or (c) an officer, employee or agent of a municipality or local board. 2001, c. 25, s. 450. Council is entitled to consider its policy decisions in the manner it has and is within its legal rights to revise the policy with respect to loading vehicles supporting agricultural operations. Staff have received and reviewed the above request as well as sought legal counsel and it is recommended that council take no further action, thereby confirming the previous direction provided to staff. Sustainability Implications Good governance is critical to the sustainability of a community and provides the necessary framework to guide members of council fairly and courteously through meetings of council and committees aids good decision-making. Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Tony Fleming, Cunningham Swan Jannette Amini, Manager of Legislative Services/Clerk
Recommend Report to Council Emergency and Transportation Services – Request to Reconsider Decision of the Lifting of the Heavy Vehicle Restrictions to Vehicles Supporting Agricultural Operations December 21, 2016 Page 2 of 2
2016-138 Emergency and Transportation Services Request to Re…
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AGENDA ITEM #a)
KURTIS R. ANDREWS Farm & Animal Welfare Lawyer P.O. Box 12032 Main P.O., Ottawa, Ontario, K1S 3M1 tel: 613-565-3276; fax: 613-565-7192; email: kurtis@kurtisandrews.ca
VIA FAX: 613 548-8460 December 12, 2016 Jannette Amini Manager of Legislative Services /Clerk, Frontenac County 2069 Battersea Road Glenburnie, Ontario, K0H 1S0 Dear Ms. Amini: Re:
Heavy vehicle restrictions on Howe Island ferry
I am writing to you regarding the decision to lift weight related restrictions on vehicles supporting farm operations on the Howe Island County ferry. I have been retained to represent residents of Howe Island who are concerned about this decision, and I respectfully ask the County to review and reverse this decision for the following reasons. My practice happens to focus on agricultural law in Ontario. As part of my practice, I am very familiar with the Farming and Food Production Protection Act [FFPPA]. I know the Act’s scope and limitations very well. It is my understanding that the County decided to lift restrictions pertaining to farm-vehicles upon the belief that the subject policy was in contravention of the FFPPA. I can assure you that this interpretation of the FFPPA is incorrect. The former policy was not illegal. The FFPPA (by way of ss. 6 & 7) pertains only to by-laws that have the effect of limiting a normal farm practice. The Act does not apply to any sort of policy or administrative decision rendered by a municipality. This is not only my opinion, but it is a fact that was recently confirmed directly to me by the Normal Farm Practices Board. The powers and jurisdiction of the Board are strictly limited to only that which are provided by the FFPPA – a principle that was confirmed by the Ontario Court of Appeal in 2011. The purpose of the FFPPA is to protect farmers from civil and regulatory offence liability that might arise by employing a normal farm practice. It is not intended to, per se, act as a mechanism of quasi-judicial review with respect to administrative decisions. Put another way, if a commercial farm-vehicle was loaded onto the ferry during restricted hours, there would be no contravention of a by-law that would expose a farmer to penal consequences. By all accounts, the practice of restricting commercial travel on the Howe Island ferry was merely a policy decision. As a result, the FFPPA does not apply nor does it have any effect on the decision. I therefore respectfully ask the County to review its decision and properly reverse it to reflect the fact that the former policy was not illegal. If necessary, I encourage you to satisfy yourself regarding what I have stated above by contacting the Normal Farm Practices Board and put the question directly to them. If this is not enough to satisfy the County, I respectfully suggest that the County employ section 7(2) of the FFPPA (which it should have done from the beginning) and apply to the Board to determine if
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the former restrictions were legal. I note that such an application is relatively straightforward and quick to resolve. I appreciate the fact that the County simply acted in error, erroneously believing that the former policy broke the law and it had no choice but to lift the farm-vehicle restrictions. However, by making this error, the County has now exposed itself to civil court liability. While we would prefer it if the County would simply rectify its error by reversing its decision, I have instructions to commence court proceedings in the event that the County declines to do so. I understand that there will be another opportunity for concerned citizens to be heard regarding this matter on December 21, 2016. I ask that this letter be included on the agenda. I also respectfully ask the County to reply to me and indicate if it will, at a minimum, review this matter from a legal standpoint before then. Please also ensure that this letter is forwarded to all members of council. Thank you and best regards,
Kurtis R. Andrews cc.
Warden Frances Smith, via email: mayor_smith@centralfrontenac.com Deputy Warden Ron Vandewal, via email: ron.vandewal@frontenaccounty.ca Councillor John McDougall, via email: john.mcdougall@frontenaccounty.ca Councillor Tom Dewey, via email: tdeweyone@gmail.com Councillor Natalie Nossal, via email: nossaln@hotmail.com Councillor Denis Doyle, via email: denisdoyle@kos.net Councillor Ron Higgins, via email: ron.higgins@xplornet.com Councillor John Inglis, via email: john@lwl.ca Mr. Kelly Pender, CAO, via email: kpender@frontenaccounty.ca
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Barristers & Solicitors
December 12, 2016
Jeff G. Cowan* T: 416-947-5007 jcowan@weirfoulds.com *Partner through a Professional Corporation
BY EMAIL AND FAX (613-548-8460) jamini@frontenaccounty.ca Warden Smith and Members of Council c/o Jannette Amini, Manager of Legislative Services /Clerk, County of Frontenac 2069 Battersea Road Glenburnie, Ontario, K0H 1S0 Dear Warden and Members of Council: Re:
Howe Island Ferry Service Vehicle Restrictions
We have been retained by Howe Island residents with respect to Council’s decision of November 16, 2016 to lift loading restrictions on farm vehicles on the Howe Island County ferry. We understand that Council’s decision was made in the belief that the restrictions were in contravention of the Farming and Food Production Protection Act, 1998 (“FPPA”), in response to a letter dated October 28, 2016 to Councillor Nossal from Robin Craig. Our clients were informed that Council felt that it “was breaking the law” by having the very limited restrictions on such vehicles in the first place. Our clients were not provided with any opportunity to challenge this legal basis for the decision before it was made in closed session as a result of legal advice it received, or thereafter, and the restrictions were immediately removed on the same date. Further, it appears no resolution was passed by Council to implement its decision. A request for the basis of the legal opinion Council received was denied, on the grounds it was discussed in closed session. Accordingly, so that there is a level playing field, we request that Council waive Section 6.9 of its Procedural By-law in order to release this information to the public. Our clients’ position is that Council’s interpretation of the FFPPA, especially regarding its scope and application, is incorrect.
4100 - 66 Wellington Street West, PO Box 35, TD Bank Tower, Toronto, Ontario, Canada. M5K 1B7
T: 416-365-1110
F: 416-365-1876
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Barristers & Solicitors
The FFPPA has application only to municipal by-laws that have the effect of limiting a normal farm practice. The Act does not prevent or prohibit decisions rendered by a municipality other than by by-law. The Normal Farm Practices Board has no jurisdiction in such a case, and they have declined jurisdiction whenever appropriate. The Ontario Court of Appeal in its 2011 Oakville(Town) v. Read decision affirmed the limited application of FFPPA, in that case upholding a municipal zoning bylaw that actually prohibited agricultural uses. Inquiries have been made of municipal staff for any such by-law that imposes such restrictions, and they and we have been unable to locate any such by-law. The only by-laws that relate to the ferry service deal only with fees and fares, e.g. By-laws 2015-0046 and 2016-0037. As a result, the FFPPA does not apply, nor does it have a purpose to serve in these circumstances. The very purpose of the FFPPA, as found by the Ontario Court of Appeal, was anchored in the concern for “unduly restrictive” or “unnecessarily restrictive” municipal by-laws. The restrictions in issue were only applicable for 2 hours out of 24 hours each way, and then only if space was not otherwise available on the ferry. They have been part of the normal operation of farm equipment on Howe Island since at least 2003. There is no factual basis on which Council could have determined such restrictions are unduly restrictive, even if the FFPPA were applicable to ferry crossings, quite apart from the lack of a by-law. Our information is that the limited vehicle restrictions are considered by staff to be a policy of Council, presumably enacted by resolution, and they have been in place since at least 2003. They were enacted for valid policy reasons then and which continue to be so. They are consistent with the Official Plans of both the County and the Township of Frontenac Islands, which recognize Howe Island has benefited from rapid growth in its permanent residential population, and the sustainability of that community depends on the appropriate vehicle accessibility of the ferry service. This population growth is based on in-migration and employment generation in the Kingston area for Howe Island residents, such that there is nearly total reliance on the ferry service by the residents. Thus Council’s decision was wrong in fact and in law, and contrary to Official Plan policies. Even if the FFPPA were to become applicable, given the concern in the community, and Council`s past decision in 2007 maintaining the restrictions, Council should at the very least have applied to the Normal Farm Practices Board to determine the legality of the restrictions. Such a proceeding would have permitted the many more Howe Island residents than those identified in the October 28, 2016 letter who are adversely affected by Council’s decision, to have an independent determination of the issue.
2
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Barristers & Solicitors
We therefore request Council to review its decision and reverse it, to reflect the fact that the former policy was not, in fact, in contravention of the law, and was an appropriate response for all residents of Howe Island, given the very limited restrictions. If necessary, our clients will take appropriate legal proceedings to set aside Council`s decision of November 16, 2016. We understand that deputations will be made concerning this issue at Council on December 21, 2016. We ask that the County, or its solicitor, reply to this letter and indicate if it will consider a review of its decision. We also ask for a copy of the resolution of Council to remove the restrictions. In any event, please confirm that this correspondence will be placed on Council’s agenda for December 21, 2016, and be provided to the Warden and all members of Council. Yours truly, WeirFoulds LLP
Jeff G. Cowan JGC/dh cc: cc:
Mr. Kelly Pender, CAO, [ kpender@frontenaccounty.ca ] Clients
9928580.1
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KURTIS R. ANDREWS Farm & Animal Welfare Lawyer P.O. Box 12032 Main P.O., Ottawa, Ontario, K1S 3M1 tel: 613-565-3276; fax: 613-565-7192; email: kurtis@kurtisandrews.ca
VIA FAX & EMAIL: 613 548-8460; jamini@frontenaccounty.ca December 15, 2016 Jannette Amini Manager of Legislative Services /Clerk, Frontenac County 2069 Battersea Road Glenburnie, Ontario, K0H 1S0 Dear Ms. Amini: Re:
Heavy vehicle restrictions on Howe Island ferry
This letter follows my correspondence sent to you on Monday, December 12, 2016, regarding the County’s decision to lift weight related restrictions on vehicles supporting farm operations on the Howe Island County ferry. We have received no reply or acknowledgement of receipt. Our goal is simply to see the County make things right, and we are prepared to work with the County to achieve this goal as amicably as possible. However, if the County is inclined to maintain the status quo, we believe that it is in the best interests of the residents of Howe Island to understand the error made by the County prior to the public meeting scheduled for December 21, 2016. We respectfully ask that the County reply to the issues we raised in our letter no later than 3:00 p.m. on Monday, December 19, 2016. If we do not receive a satisfactory response by then, we will endeavor to raise public awareness of the County’s error in advance of the public meeting. Thank you once again for your attention, and we look forward to your reply. Best regards,
Kurtis R. Andrews cc.
Warden Frances Smith, via email: mayor_smith@centralfrontenac.com Deputy Warden Ron Vandewal, via email: ron.vandewal@frontenaccounty.ca Councillor John McDougall, via email: john.mcdougall@frontenaccounty.ca Councillor Tom Dewey, via email: tdeweyone@gmail.com Councillor Natalie Nossal, via email: nossaln@hotmail.com Councillor Denis Doyle, via email: denisdoyle@kos.net Councillor Ron Higgins, via email: ron.higgins@xplornet.com Councillor John Inglis, via email: john@lwl.ca Mr. Kelly Pender, CAO, via email: kpender@frontenaccounty.ca
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Barristers & Solicitors
December 16, 2016
Jeff G. Cowan* T: 416-947-5007 jcowan@weirfoulds.com *Partner through a Professional Corporation
BY EMAIL AND FAX (613-548-8460) jamini@frontenaccounty.ca Warden Smith and Members of Council c/o Jannette Amini, Manager of Legislative Services /Clerk, County of Frontenac 2069 Battersea Road Glenburnie, Ontario, K0H 1S0 Dear Warden and Members of Council: Re:
Howe Island Ferry Service Vehicle Restrictions
We have received no response to our letter of December 12, acknowledgment of receipt of the letter, or confirmation it will be placed on Council’s agenda as requested. Will a response be provided to us before Council meets? If not, please provide us with a copy of the November 16, 2016 resolution of Council lifting the limited restrictions. Yours truly, WeirFoulds LLP
Jeff G. Cowan JGC/dh cc: cc:
Mr. Kelly Pender, CAO, [kpender@frontenaccounty.ca ] Clients
4100 - 66 Wellington Street West, PO Box 35, TD Bank Tower, Toronto, Ontario, Canada. M5K 1B7
T: 416-365-1110
F: 416-365-1876
www.weirfoulds.com 9944491.1
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Report 2016-139 Council Recommend Report To:
Warden and Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Paul J, Charbonneau, Chief of Paramedic Services/Director of Emergency Services Mark Podgers, Community Emergency Management Coordinator
Date of meeting:
December 21, 2016
Re:
Emergency and Transportation Services – County of Frontenac Emergency Management Program Compliance
Recommendation Resolved That the Council of the County of Frontenac receive the Emergency and Transportation Services – County of Frontenac Emergency Management Program Compliance report; And Further That the Council of the County of Frontenac designates the Chief of Paramedic Services/Director of Transportation and Emergency Services as the senior municipal official to the County of Frontenac Emergency Management Program Committee (EMPC); And Further That the Council of the County of Frontenac designates Mark Podgers as the Emergency Management Program Coordinator; And Further That the Council of the County of Frontenac appoints the Emergency Management Program Coordinator as Chair of the Emergency Management Program Committee (EMPC); And Further That the Council of the County of Frontenac appoints the County of Frontenac Communications Officer as the Emergency Information Officer. Background In 2016 the OFMEM advised the Community Emergency Management Coordinators (CEMC’s) across Ontario that it will require the Emergency Management Program
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Committee (EMPC) Chair to be appointed by Council. The OFMEM advised in writing that failing to appoint a chair of the EMPC by many municipalities, may result in noncompliance, and gives municipalities until December 31, 2016 to rectify. The Emergency Management Civil Protection Act, R.S.O 1990 O. Reg 380/04 requires that council designate a senior municipal official to the Emergency Management Program Committee, appoint an Emergency Management Program Coordinator and appoint the Chair of the Emergency Management Program Committee in order to meet compliance under the act and its regulation. Comment It should be noted that Section 11 (4) requires that: The council shall appoint one of the members of the committee to be the chair of the committee. As such, the appointment of the chair cannot be delegated to the Emergency Management Program Coordinator or to the committee itself. Sustainability Implications This committee is responsible for upholding council’s commitment to, and promotion of strong, resilient, diverse, rural communities through a comprehensive emergency management planning and education program.
Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Office of the Fire Marshal and Emergency Management.
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Report 2016-140 ADMINISTRATIVE REPORT To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Paul J. Charbonneau, Chief of Paramedic Services/ Director of Emergency & Transportation Services
Date prepared:
November 15, 2016
Date of meeting:
December 21, 2016
Re:
Emergency and Transportation Services – Paramedic National Research Database – Data Sharing Agreement
Recommendation Resolved That the Council of the County of Frontenac accept the Emergency and Transportation Services – Paramedic National Research Database – Data Sharing Agreement report for information; And Further That the Council of the County of Frontenac authorize the Warden and Clerk to execute the Data Sharing Agreement between the County of Frontenac and the Paramedic Chiefs of Canada (PCC). Background At its meeting on April 17, 2013 County Council received a report regarding a new initiative entitled “National Emergency Medical Services Database”. By the motion below Council approved our participation in the Pilot Project.
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Motion #: 190-13
Moved By: Deputy Warden Clayton Seconded By: Councillor McDougall
Resolved That the Council of the County of Frontenac accept the Emergency and Transportation Services – National Emergency Medical Services (EMS) Database – Data Sharing Agreement report for information; And Further That the Council of the County of Frontenac authorize the CAO/Clerk and Warden to execute the Data Sharing Agreement between the County of Frontenac and the Emergency Medical Services Chiefs of Canada (EMSCC). Carried The Paramedic Chiefs of Canada (PCC) moved forward with the initiation of various strategies outlined in the white paper, “Defining the Road Ahead”, including the development of a proposed set of performance measures for EMS. Comment PCC developed and operated a Paramedic National Research Database Pilot Project, containing non-identifying EMS incident data from fourteen (14) participating Ontario emergency medical service providers that has been utilized by PCC, emergency service providers and others for approved planning, quality improvement and research purposes. The Database was created with the intention of sharing non-identifying EMS data with PCC, and emergency services providers throughout Canada who contribute data to the Paramedic National Research Database Pilot Project and third party organizations for development of Key Performance Indicators for Canadian EMS. Currently, the database contains 1.4 million entries, capturing numerous data points and is growing every day. As outlined in the project summary, ‘there is now a critical mass of EMS data that can be exploited’ allowing for Paramedic Service providers an opportunity to access data in order to improve upon operational awareness and plan for future service utilization. The Pilot Project has concluded and has been deemed an enormous success. We are now being requested to sign an ongoing agreement to continue our participation in the Paramedic National Research Database. Sustainability Implications The agreement will allow the County of Frontenac Paramedic Services continued participation in industry-leading initiatives, research and the creation of a common dataset, which we can utilize to measure our key performance indicators in relation to other services in Ontario and across Canada. Financial Implications There are no financial implications associated with this report.
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Organizations, Departments and Individuals Consulted and/or Affected Paramedic Chiefs of Canada (PCC) Ontario Association of Paramedic Chiefs (OAPC) Interdev Technologies Dave Millard, Manager of Information Services
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Data Sharing Agreement This Data Sharing Agreement (the “Agreement”) is entered into this _____ day of_________, 2016 between: Paramedic Chiefs of Canada (PCC), a non-share capital corporation incorporated under Part II of the Canada Corporations Act (“PCC”)
- and The Corporation of the County of Frontenac, a corporation incorporated under the laws of Ontario (“Emergency Services Provider”) (each a “Party” and together, the “Parties”) RECITALS A.
PCC owns the application programming interface (API), servers, and the National Emergency Medical Services (EMS) Database(“National EMS Database”) containing non-identifying EMS incident data from participating emergency service providers that can be used by PCC, emergency service providers and others for certain Permitted Purposes (defined below);
B.
Emergency Services Provider maintains an electronic patient care record (“ePCR”) in connection with the provision of emergency services and agrees to contribute certain data as set forth below;
C.
PCC agrees to safeguard the data contributed by the Emergency Services Provider as contained within the National EMS Database and to provide access to such information in accordance with the terms and conditions of this Agreement.
Now Therefore, in consideration of the foregoing and other good and valuable consideration, the parties agree as follows: 1.
Contribution And Permitted Purpose
1.1
The Emergency Services Provider agrees to disclose and contribute certain nonidentifying data from its ePCR as described in Appendix A (the “Limited Data Set”) to PCC to populate the National EMS Database, subject to the terms set forth in this Agreement. The Parties agree to transfer the Limited Data Set in a secure manner in accordance with the transfer protocol described in Appendix B. The Parties shall, from time to time, determine in writing, the frequency and timetable to be used for the transfer of the Limited Data Set under this Agreement.
1.2
The Parties acknowledge that the National EMS Database is being created with the intention of sharing the Limited Data Set as part of the National EMS Database, and the Emergency Services Provider consents to usage and sharing of the Limited Data Set as part of the National EMS Database by: (a)
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(b)
other Contributors (defined below); and
(c)
third party organizations who have entered into an agreement with the PCC (such as university, research or non-profit entities);
for the Permitted Purposes, or for such other purposes as may be approved in writing by the Committee, or as may be agreed to in writing with the Emergency Services Provider from time to time. The term “Permitted Purposes” means approved planning, analysis, quality improvement and research purposes. The term “Contributors” means other emergency services providers throughout Canada who enter into a data sharing agreement with PCC. 1.3
Further, the Emergency Services Provider acknowledges and agrees that: (a)
PCC may charge a fee to the Emergency Services Provider and others for access to the National EMS Database in order to maintain the database. PCC may charge such fees by itself or through its designated service provider. A description of the fee schedule is listed in Appendix C, under the heading “Fee Chart”. The Emergency Services Provider agrees to pay any fees which may be applicable, as listed in Appendix C. PCC reserves the right to update Appendix C from time to time, to reflect any changes in the agreement between PCC and its designated service provider, provided such updates are approved by the Committee (defined below);
(b)
It will not access, copy, duplicate, republish or use the National EMS Database except for the Permitted Purposes;
(c)
If the Emergency Services Provider accesses the National EMS Database for the purpose of any report, publication, white paper, research or similar document (a “Publication”):
(d)
1.4
(i)
The Publication shall not disclose any personal information about any identifiable individual;
(ii)
The Publication shall not name any other emergency service provider without the prior written consent of that emergency service provider;
(iii)
Formal credit shall be cited referencing the PCC / Paramedic Chiefs of Canada.
If the Emergency Services Provider was an original contributor to the National EMS Database pilot project (“Pilot Project”) under a data sharing agreement with the PCC, the Parties agree that the data contributed to pursuant to the Pilot Project shall be covered by this Agreement as part of the Limited Data Set.
The Emergency Services Provider represents and warrants that it has the right and authority to contribute the Limited Data Set to the National EMS Database.
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Statutory Compliance
2.1
It is acknowledged by the Parties that the National EMS Database consists solely of non-identifying information and does not contain personal information about any identifiable individual. . The Emergency Service Provider agrees to contribute only the Limited Data Set and agrees not to contribute any personal information about any identifiable individual.
2.2
Notwithstanding section 2.1above, in operating and using the National EMS Database, the Parties agree to comply with any applicable laws, this Agreement and industry standards related to the architecture, technology, privacy and security of the National EMS Database and any data derived therefrom.
Obligations of PCC
3.1
PCC (including without limitation its agents, employees, officers, directors, and volunteers) shall not use or disclose the Limited Data Set except as permitted under the terms of this Agreement or as required by law.
3.2
PCC shall use appropriate safeguards to prevent use or disclosure of the Limited Data Set other than as permitted under this Agreement.
3.3
PCC shall notify Emergency Services Provider of any use or disclosure of the Limited Data Set in violation of this Agreement by PCC, its agents, employees, officers, directors, or volunteers, or by any third party promptly upon PCC having knowledge of any such violation. Such notice shall be made by telephone, followed by written particulars of the incident. The Parties shall work cooperatively to try to mitigate the impact of any privacy or security breach.
3.4
PCC shall ensure that its agents, contractors and subcontractors (collectively “Contractors”) to whom it provides any portion of the Limited Data Set shall comply with all restrictions and conditions that apply to PCC with respect to the use of the Limited Data Set and that no Contractor shall use or disclose such information except as permitted under the terms of this Agreement or as required by law. PCC further agrees that it shall obtain and maintain, throughout the term of this Agreement, an agreement with each Contractor that has or will have access to the Limited Data Set by or through PCC, under which such Contractor agrees to be bound by the same restrictions, terms and conditions that apply to PCC pursuant to this Agreement.
Datarights
4.1
PCC does not claim any rights of ownership in the Emergency Service Provider’s ePCR or Limited Data Set. PCC has the right to analyze, collect, aggregate and anonymize data (including the Limited Data Set) as part of the National EMS Database, as contributed by the Emergency Services Provider and the Contributors, subject to the following: (a)
All aggregated data will be stripped of identifiers (such as personal information) that would identify specific individuals;
(b)
PCC will not contact nor permit anyone to contact any individual who may be a subject within the Limited Data Set without required consents; and
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PCC will have rights hereunder to own and use such anonymized and aggregated data for purposes permitted under Section 1.2. 4.2
Emergency Services Provider will not remove any copyright or other notices which may appear on the EMS National Database.
Access and use of National EMS Database
5.1
Access and use of the National EMS Database shall be managed by a committee of the PCC (the “Committee”) with representation from PCC members representing various providers, which will oversee the access and use of the data.
5.2
Access to the National EMS Database shall be determined by the Committee in accordance with established need and predetermined criteria.
Term and Termination
6.1
The term of this Agreement shall commence as of the effective date set forth above and shall be in effect for a term of one year and shall automatically renew from year-to-year until terminated under this Agreement..
6.2
Any of the Parties may terminate this Agreement at any time by providing 10 days’ written notice.
6.3
Upon Emergency Services Provider’s knowledge of a material breach by PCC, Emergency Services Provider shall provide PCC with written notice of the breach and an opportunity to cure the breach within 30 calendar days of receipt of such notice. PCC shall immediately take steps to mitigate the breach and shall cure the breach within the 30 day notice period. If PCC fails to mitigate and cure the breach within the notice period Emergency Services Provider may immediately terminate this Agreement.
6.4
PCC may terminate this Agreement at any time, without fault or liability if funding is no longer provided to support the National EMS Database.
6.5
If this Agreement is terminated, then Emergency Service Provider will cease its access of the National EMS Database. The rights of the Parties under Section 4.1 shall remain in effect for the Permitted Purposes notwithstanding any termination of this Agreement.
6.6
PCC reserves the right to suspend access rights in the event of any breach of this Agreement by the Emergency Services Provider.
Indemnification& Limitation of Liability
7.1
Emergency Services Provider and PCC shall each defend, indemnify and hold harmless the other from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorney’s fees, to the extent caused by or arising out of any breach of this Agreement or failure to perform the obligations hereunder, by the indemnifying party, its employees, officers, volunteers or Contractors. The indemnity obligations set forth in this Section 7 shall survive termination of this Agreement.
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7.2
PCC will not be liable for any indirect, incidental or consequential damages, arising out of or in connection with the use the National EMS Database. In any event, Emergency Services Provider agrees that the aggregate liability of PCC for damages shall be limited to the amount paid by Emergency Services Provider to use the National EMS Database.
Miscellaneous
8.1
Severability - Should any provision of this Agreement be found to be invalid by a court of competent jurisdiction, that provision shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect.
8.2
Governing Laws – This Agreement shall be governed by the laws of the province in which the EMS Service Provider is located and the federal laws applicable therein. The Parties consent and submit to the exclusive jurisdiction of the courts of such Province in any action or proceeding instituted under this Agreement.
8.3
Entire Agreement - This Agreement contains all of the agreements, representations and understanding of the Parties and supersedes and replaces any and all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. Any amendment to this Agreement must be in writing and signed by duly authorized officers of each party.
8.4
Amending Procedure and Schedule Amendments - This Agreement and any Schedules may be amended by the written agreement of the Parties.
8.5
Changes that Affect the Agreement - The Parties undertake to give one another written notice of any changes in legislation, regulations or policies respecting those Parties that are likely to affect this Agreement.
8.6
Independent Contractors - This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between the Parties. Except as expressly set out herein, no Party shall have any right to obligate or bind any other Party in any manner whatsoever. Each Party shall ensure that neither it nor any of its agents represents to any third party that it or they have authority to bind any other Party.
8.7
Assignment - This Agreement shall not be assigned without the written consent of both Parties
8.8
Survival. The Parties agree that Sections1.2, 4.1, 7.2 and 8.2 shall survive termination of this Agreement.
In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized representatives effective as of the day and year set forth above.
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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
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Appendix A: ePCR Data elements to be collected / shared Phase 1 Response Information
Service / Station Geographic location (Lat/Long or UTM to 1 KM) Municipality Vehicle Information Dispatch Details / Times Crew Level Call Type
Clinical Information
Chief Complaint Incident History Relevant Past History Medications Allergies Treatment prior to Arrival Cardiac Arrest Information
Physical Exam
Vital Signs Age/Gender/Weight General Appearance Head/Neck Chest Abdomen Back/Pelvis Extremities
Treatment
Procedures Results Time
Destination / Facility
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AGENDA ITEM #c)
–8–
DataSet High Level Elements Parent Element
Represents
Note
ACRData
All primary data that exists only once per call
Master table for all queries. One record per patient care session.
ACRCrewGrid
Paramedic Crew assigned to the call
Can be 1 or many and may include non-paramedic crew members.
7
ACRFluidBalanceGrid
Total Fluid in and Fluid out from a patient during the call
This is important in the fluid management of the patient. The type of fluid generally indicates the direction.
6
ACRProceduresGrid
Any time stamped event important to the chronology of the call
6
ACRProcedureAnswers Grid
Any additional datapoints for each procedure. Each datapoint is a separate row
8*
ACRTime
All times for all tables
C2305360.DOCX;2
All time fields broken down into date, time, and datatime
of Data
Points 203
6
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–9–
Appendix B: Data Transfer Process Option 1 _____ Direct upload from Interdev hosted iMEDIC client servers to Interdev hosted PCC National Paramedic Services Server. Option 2 Upload via the Web services based API as made available by the PCC and Interdev. Option 3 Other Data transfer process (describe)
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– 10 –
Appendix C: Fee Structure
- PCC Members and Interdev Clients Interdev has agreed not to charge either PCC or the Emergency Service Providers that use iMEDIC and are clients of Interdev for the transfer of their data to the National EMS Database who are members in good standing with PCC. By submitting data, those Emergency Service Providers will have access to the dashboard, analytics, Citrix accounts and the use of reports at no additional costs.
- Non PCC Members But Interdev Clients Those iMEDIC clients that are not members of the PCC will be invoiced at $100/month by Interdev. This is the same access to analytics as listed in #1 above. A) Sending data Option #1 Converted API Data Interdev has agreed to receive the data from Emergency Service Providers who are not iMEDIC clients if the data has been converted to the PCC provided web API and they are a member in good standing with PCC. The cost for the initial Citrix license to the Emergency Service Providerwould be $750, and $200 annually ongoing cost to maintain that license. Option #2 Non Converted Data If the Emergency Service Providerwishes to have Interdev convert the data to the PCC web API then that arrangement needs to be negotiated between Interdev and the Emergency Service Provider. B) Viewing the Database Those Emergency Service Providers that are contributing their data to the National EMS Database can access the National EMS Database through the analytics environment. Any third party agency can request the raw data or access to the Analytics from the National EMS Database. This raw data or access will be provided in a variety of formats and the exact format will be decided upon based on the amount of data and other considerations. The approval for access and associated costs will be decided upon by the PCC.
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– 11 –
Description of Fee Chart: “PCC Member”: A current PCC member with membership in good standing. “iMEDIC Client”: A current iMEDIC client hosted in Interdev’s hosting infrastructure. “Contributor”: AnEmergency Service Providersubmitting their data to the PCC National EMS Database “API”: Emergency Service Providerthat submits their data to the National PCC Database using the published API. The development and support of the data feed is the responsibility of the Emergency Service Provider. “Custom Interface”: Emergency Service Providerthat wishes to submit their data to the National EMS Database but would like Interdev to create and maintain the interface. The development and implementation cost of this feed to be agreed upon between Interdev and the Emergency Service Provider. “Need Citrix”: A Citrix license is required for each individual who wishes to report and analyze the National EMS Database data. This cost is a per-user amount and covers the Citrix and Server access license. Note that the Citrix licenses have an initial cost per user and a yearly maintenance. “One Time”: These are the one time setup charges for any setup or configuration that has to be done to enable access or purchase licenses. “Annual”: These charges are billed annually and cover the cost to maintain and support the process. Fee Chart: Scenario PCC iMEDIC API Member Client
Need Citrix
One Time
Annual
1
Y
Y
N
N
$0
$0
2
Y
N
Y
Y
$750/lic.
$200/lic.
3
N
Y
N
N
$0
$1,200
4
N
N
Y
Y
$750/lic.
$1,200 + $200/lic.
5
N
N
N
Y
As Negotiated
$1,200 + $200/lic
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AGENDA ITEM #d)
Report 2016-141 Council Recommend Report To:
Warden and Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Joe Gallivan, Director Planning & Economic Development
Date of meeting:
December 16, 2016
Re:
Planning and Economic Development – Frontenac County Response to the Ontario Municipal Board Review
Recommendation Resolved That the Council of the County of Frontenac receive the Planning and Economic Development – Frontenac County Response to the Ontario Municipal Board Review for information; And Further That a copy of the Planning and Economic Development – Frontenac County Response to the Ontario Municipal Board Review report be submitted to the Ontario Municipal Board Review, Ministry of Municipal Affairs, Provincial Planning Policy Branch, 777 Bay Street, 13th Floor, Toronto, ON M5G 2E5 as the County of Frontenac’s Official comments regarding the review of the Ontario Municipal Board. Background For the past year, the Province of Ontario has been working on a review of the practices of the Ontario Municipal Board (OMB). In October, 2016, the Province released a “Public Consultation Document” that provided a list of options and possible changes to the operation of the OMB (web link to document can be viewed here). As the document states in the introduction: “The Ontario government sees a continuing need for the OMB in Ontario’s land use planning system. That is why (the Province) is exploring changes to make sure that the Board’s role is appropriate, open and fair.
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AGENDA ITEM #d)
It is important that Ontario continue to have an independent appeal tribunal that can resolve land use disputes – not having an OMB would result in more appeals to the courts.” The purpose of this report is to provide Council with recommendations with respect to a number of proposed changes to the OMB and its relationship with citizens. Comment The OMB Review was organized on five themes which are discussed below, with staff recommendations for Council’s consideration. Theme #1 – Jurisdiction and Powers The OMB Review noted that a common concern heard during the consultation was that the scope of issues dealt with by the Board is too broad. As a result, it is argued, too many planning matters are appealed to the OMB which can be time consuming and costly for all parties involved. The review illustrated the amount of appeals heard by the Board in the past five years:
Source: Review of the Ontario Municipal Board: Public Consultation Document (October 2016)
As can be seen by the chart the Board has received an average of 1,400 appeals per year over the past eight years. Two thirds of these appeals were within the Greater Toronto Area, while only 13% were in Eastern Ontario. The Review also provided a chart that illustrates the workload of the Board by application type:
Recommend Report to Council Planning and Economic Development – OMB Review December 16, 2016
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AGENDA ITEM #d)
Source: Review of the Ontario Municipal Board: Public Consultation Document (October 2016)
In terms of volume, the chart indicates that the Board deals primarily with what can be described as “local” or neighbourhood planning issues: minor variances and consents, which represent approximately 70% of all appeals filed on annual basis. Although these hearings are generally shorter in duration than appeals filed on policy issues such as Official Plans and Official Plan Amendments, they still consume time for hearing dates and scheduling that can affect the Board’s ability to set aside adequate time (i.e., five to fifteen days) for policy appeals. Recommendation: County Council support a proposal that planning decisions which are made by a Township Committee of Adjustment cannot be appealed to the OMB, on the basis that these planning decisions are local matters that are generally site-specific and are not of Provincial interest. Theme #2 – Citizen Participation The OMB Review recognized that there have been concerns raised by citizens about their ability to participate in OMB hearings. Two main concerns raised were: (1) Cost – the cost to participate in a hearing – especially appeals involving Official Plans and Official Plan Amendments, rezonings, and subdivisions – can be high. In the experience of County planning staff the cost of retaining a solicitor, planner, and other experts can cost $5,000 to $10,000 per day at a hearing (including preparation time). As noted in the review, these costs can discourage participation.
Recommend Report to Council Planning and Economic Development – OMB Review December 16, 2016
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AGENDA ITEM #d)
(2) Fairness – citizens have noted that the OMB process, which is very similar to a court, can be confusing and challenging to understand. The OMB website contains a significant amount of information on the process (view weblink ); however once a hearing begins it can be challenging for a citizen or citizen groups to understand the rules and procedures if the opposing party has legal representation and they do not. Recommendation: County Council support the following measures listed in the OMB Review that can improve citizen participation and the OMB hearing experience: (a) Expand the size of the OMB Citizen Liaison Office (CLO) including new staff such as planners and lawyers that would be available to work with the public; (b) Support a funding program to help citizens retain their own planning experts and/or lawyers. (c) Support a requirement for mandatory mediation prior to any OMB hearing that involves a rezoning, subdivision, Official Plan Amendment, or comprehensive updates to Official Plans and Zoning By-laws. Theme #3 – Clear and Predictable Decision-Making Comments received from citizens at earlier stages of this consultation process included a need for OMB members to be well-qualified and receive appropriate training. There was also a suggestion that more than one Board member should be involved in a hearing that involves complex planning issues. Recommendation: County Council support the following measures listed in the OMB Review that could result in improved decision-making: (a) that the OMB use multi-member panels to conduct complex hearings; and (b) that the Board hire additional members to reduce the time period between the filing of an appeal and the actual hearing date. Theme #4 – Modern Procedures and Faster Decisions The OMB Review is considering making changes to the Board’s actions that will result in a more streamlined process to make the appeal system more accessible to the public and promote faster decision-making. In particular a number of public comments have stated that OMB hearings seem adversarial and “too court-like”, and support a less formal process. Recommendation: County Council support the following proposals listed in the OMB Review to make the Board hearings easier for citizen participation: (a) make changes to the Ontario Municipal Board Act that would allow the Board to adopt less complex and more accessible hearing procedures; and
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AGENDA ITEM #d)
(b) allow for the use of “active adjudication” which would allow an impartial adjudicator to play an active role in OMB hearings, help citizens understand rules and procedures and work with them on issues and evidence, and have the ability to question witnesses. Theme #5 – Alternative Dispute Resolution/Fewer Board Hearings The Province has received comments that most people would choose to avoid the formal appeal process whenever possible. It is important to remember that, with the exception of developers, many people only go through the planning application one time and the entire process can seem confusing and complex particularly if an application reaches the appeal stage. Mediation is available for any appeal however it is optional and is very seldom used as both parties need to agree (note: according to the review, only 4% of appeals were resolved through mediation in 2015-2016). Recommendation: County Council support the following proposed changes to promote other methods of solving an appeal outside a formal OMB hearing: (a) hire new Provincial staff to act as mediators for appeals; (b) require all appeals to be considered by a mediator before a hearing is scheduled. Sustainability Implications Making changes to the operation of the Ontario Municipal Board to make it more accessible and less confrontational to the public is supported by all four pillars (social, cultural, economic, and environmental) of Directions for Our Future. Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected All Four Townships
Recommend Report to Council Planning and Economic Development – OMB Review December 16, 2016
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AGENDA ITEM #e)
Report 2016-142 Council Recommend Report To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Marian VanBruinessen, Director of Corporate Services/Treasurer
Date of meeting:
December 21, 2016
Re:
Corporate Services – Finance – 2017 Tax Rate
Recommendation Whereas the 2016 Assessment roll for the 2017 tax calculations was received on December 12, 2016; Resolved That Council of the County of Frontenac accept this Corporate Services – 2017 Tax Rate report; And Further That Council consider a By-law, introduced later in the meeting, to establish the 2017 tax rates. Background The Budget policy adopted in July 2015, indicates that County Council will pass the budget prior to yearend in non-election years. The Municipal Property Assessment Corporation (MPAC) distributed the 2016 roll for the 2017 tax year in mid December. Comment Assessment in the County has increased by 4.67% since the 2012 reassessment. Increases are phased in over the next four years, but decreases take place in 2017. For that reason there is an overall decrease in the phased in CVA in 2017. At the same time, the growth in assessment estimated for 2017 is 1.15%
2016-142 Corporate Services 2017 Tax Rate
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AGENDA ITEM #e) 2016 CVA Assessment for 2017 tax year. Tax Class
2016
2015-2016
Current Value Assessment for 2017 tax year
% change
$ Residential & Farm Residential
5,229,875,007
-0.84%
Multi-Residential
5,696,750
5.18%
Commercial Occupied
48,164,736
0.59%
Commercial Vacant
894,871
3.02%
Parking Lot
36,625
6.16%
14,633,313
15.25%
734,600
74.83%
Farmland
131,807,930
21.28%
Managed Forests
21,271,584
-1.75%
Payments in Lieu (PIL)
19,201,600
-8.90%
Exempt
133,183,560
-8.76%
TOTAL
5,605,500,576
-0.59%
Industrial Occupied Industrial Vacant
The County relies heavily on its residential ratepayers as 93.30% of current value assessment and 97.98% of weighted taxable assessment is residential. The following table depicts the shift in total share of the assessment between tax classes. Tax Class
2016
2017
% total
% total
Residential & Farm Residential
93.53%
93.30%
Multi-Residential
0.10%
0.10%
Commercial Occupied
0.85%
0.86%
Commercial Vacant
0.02%
0.02%
Parking Lot
0.00%
0.00%
Industrial Occupied
0.23%
0.26%
Industrial Vacant
0.01%
0.01%
Farmland
1.93%
2.35%
Managed Forests
0.38%
0.38%
Payments in Lieu (PIL)
0.37%
0.34%
Exempt
2.59%
2.38%
Recommend Report to Council Corporate Services – 2017 Tax Rates December 21, 2016
2016-142 Corporate Services 2017 Tax Rate
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AGENDA ITEM #e) The following table shows the shift in each Township’s share of the overall weighted assessment in the County. Share of Taxable Weighted Assessment
2017
2016
Frontenac Islands
9.38%
9.86%
South Frontenac
58.32%
57.89%
Central Frontenac
16.29%
16.35%
North Frontenac
16.01%
15.90%
Budget Levy Increase: Growth in assessment, in addition to a transfer from the stabilization reserve, is used to mitigate the budget levy increase bringing it close to CPI, Ontario, August 2016 which was 1.5%. Council agreed to phase in the Land Ambulance base increase, bringing the base before project proposals to 1.91%. With the addition of the 2017 project proposals (.59%) or a 2.5% budget increase. The dedicated capital levy of .65% brings the overall tax increase in 2017 to 3.15%
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AGENDA ITEM #e) 2017 Levy Increase Before Project Proposals $
%
A B
2016 Levy 2017 Levy before project proposals
C
Levy increase
D
1/3 of Land Ambulance levy increase
-37,022
E
Estimated Growth
-103,112
-1.15%
F
C-D-E Transfer from Stabilization Reserve
181,484 46,984
2.02% 0.52%
G
Levy increase at 1.5%
134,500
1.50%
H
Land ambulance operational costs outside of mitigation D
37,022
0.41%
I
2017 Levy Before project proposals
171,522
1.91%
J
2017 Project Proposals Project Proposals - outside of mitigation Projects deleted by Council Projects added by Council Projects deferred Projects phased in Stabilization reserve transfer Project Proposals revised
52,639
0.59%
K
External Agency - CFDC request
L
Levy increase after mitigation
M
Dedicated Capital levy 2016 Total increase
8,966,273 9,287,891 B-A
321,618
G+H
3.59%
134,818 -3,000 -17,345 -15,408 -46,427
0.00%
I+J+K
L+M
224,161
2.50%
58,281
0.65%
282,442
3.15%
County Tax Rate: Each ratepayer in the County pays the same County rate within the same tax class. The tax rate calculations are shown in Schedules A – C. The residential tax rate is .0017520068, which will result in an additional $8.35 per $100,000 of residential assessment. Schedule A provides the tax rate by RTC code and by Township. Schedule B provides the Payments in Lieu for 2017. Schedule C provides the weighted assessment and tax rate calculation. Sustainability Implications Sustainability is dependent on good governance and stewardship of County resources.
Recommend Report to Council Corporate Services – 2017 Tax Rates December 21, 2016
2016-142 Corporate Services 2017 Tax Rate
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AGENDA ITEM #e) Organizations, Departments and Individuals Consulted and/or Affected MPAC
Recommend Report to Council Corporate Services – 2017 Tax Rates December 21, 2016
2016-142 Corporate Services 2017 Tax Rate
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2016-142 Corporate Services 2017 Tax Rate
Schedule A COUNTY OF FRONTENAC 2017 Budget SCHEDULE A: 2017 SUMMARY OF TAXES RAISED BY COUNTY OF FRONTENAC TAX RATES SET OUT BELOW Assessment Class
Frontenac Islands CVA
Residential & Farm Residential Multi-residential Commercial Occupied Commercial Vacant
Tax Rate
South Frontenac Dollars Raised
474,353,975
0.00175201
831,073
CVA
Tax Rate
3,057,468,981
0.00175201
Central Frontenac Dollars Raised 5,356,715
CVA
Tax Rate
851,460,013
0.00175201
North Frontenac Dollars Raised 1,491,766
CVA
Tax Rate
846,592,038
0.00175201
Dollars Raised 1,483,237
0
0.00175201
0
4,922,500
0.00175201
8,624
774,250
0.00175201
1,356
0
0.00175201
0
3,952,039
0.00175201
6,924
22,485,340
0.00175201
39,395
10,139,771
0.00175201
17,765
4,416,180
0.00175201
7,737
0
0.00122641
0
528,566
0.00122641
648
262,087
0.00122641
321
88,275
0.00122641
108
692,375
0.00175201
1,213
4,294,849
0.00175201
7,525
918,550
0.00175201
1,609
1,265,632
0.00175201
2,217
Commericial Excess New Construction
0
0.00122641
0
0
0.00122641
0
0
0.00122641
0
15,943
0.00122641
20
Parking Lot
0
0.00175201
0
36,625
0.00175201
64
0
0.00175201
0
0
0.00175201
0
29,375
0.00175201
51
1,501,968
0.00175201
2,631
382,495
0.00175201
670
781,400
0.00175201
1,369
Commerical New Construction
Industrial Occupied Industrial Vacant Industrial New Construction Industrial Excess New Construction Farmland Managed Forests TOTALS
0
0.00113881
0
597,425
0.00113881
680
0
0.00113881
0
19,400
0.00113881
22
10,171,150
0.00175201
17,820
1,718,700
0.00175201
3,011
0
0.00175201
0
48,225
0.00175201
84
99,675
0.00113881
114
18,100
0.00113881
21
0
0.00113881
0
0
0.00113881
0
45,556,150
0.00043800
19,954
70,906,580
0.00043800
31,057
13,818,900
0.00043800
6,053
1,526,300
0.00043800
669
280,375
0.00043800
123
8,616,984
0.00043800
3,774
9,045,275
0.00043800
3,962
3,328,950
0.00043800
1,458
535,135,114
0
877,271
3,173,096,618
5,454,146
886,801,341
1,523,503
858,082,343
1,496,922
AGENDA ITEM #e)
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2016-142 Corporate Services 2017 Tax Rate
Schedule B COUNTY OF FRONTENAC 2017 Budget 2017 SUMMARY OF TAXES RAISED BY PAYMENTS-IN-LIEU TO COUNTY OF FRONTENAC TAX RATES SET OUT BELOW
Dollars Raised
CVA
Tax Rate
North Frontenac
Central Frontenac
South Frontenac
Frontenac Islands
Assessment Class
Dollars Raised
CVA
Tax Rate
Dollars Raised
Tax Rate
CVA
Dollars Raised
CVA
Tax Rate
127,150
0.00175201
223
2,474,800 0.00175201
4,336
2,520,925 0.00175201
4,417
4,636,550 0.00175201
8,123
0
0.00175201
0
0.00175201
0
0.00175201
0
0.00175201
0
392,225
0.00169267
664
4,127,725 0.00169267
6,987
1,775,525 0.00169267
3,005
3,008,540 0.00169267
5,092
Commercial Vacant
0
0.00122640
0
0.00122640
0
0.00122640
0
33,200 0.00122640
41
Parking Lot
0
0.00122640
0
0.00122640
0
0.00122640
0
0.00122640
0
Landfill
0
0.00000000
0
80,275 0.00175201
141
8,725 0.00175201
15
15,960 0.00175201
28
Industrial Occupied
0
0.00175201
0
0.00175201
0
0.00175201
0
0.00175201
0
Industrial Vacant
0
0.00113880
0
0.00113880
0
0.00113880
0
0.00113880
0
Farmland
0
0.00043800
0
0.00043800
0
0.00043800
0
0.00043800
0
Managed Forests
0
0.00043800
0
0.00043800
0
0.00043800
0
0 0.00043800
0
Residential & Farm Residential Multi-residential Commercial Occupied
TOTALS
519,375
887
6,682,800
11,463
4,305,175
7,437
7,694,250
13,284
AGENDA ITEM #e)
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AGENDA ITEM #e)
Schedule C County of Frontenac 2017 Budget County of Frontenac Tax Rate Calculation
Assessment Class
Current Value Assessment
Tax Ratio
Weighted Assessment
Residential & Farm Residential
5,229,875,007
1.0000
5,229,875,007
Multi-residential
5,696,750
1.0000
5,696,750
Commercial Occupied
40,993,330
1.0000
40,993,330
878,928
0.7000
615,250
7,171,406
1.0000
7,171,406
Commercial Excess New Construction
15,943
0.7000
11,160
Parking Lot
36,625
1.0000
36,625
Industrial Occupied
2,695,238
1.0000
2,695,238
Industrial Vacant
616,825
0.6500
400,936
11,938,075
1.0000
11,938,075
117,775
0.6500
76,554
Farmland
131,807,930
0.2500
32,951,983
Managed Forests
21,271,584
0.2500
5,317,896
Commercial Vacant Commercial New Construction
Industrial New Construction Industrial Vacant New Construction
5,453,115,416 County of Frontenac Levy for 2017 is Dedicated levy for capital asset management Total levy The Tax Rate Required is
5,337,780,209
9,293,546 58,281 9,351,827 0.0017520068
Tax Rates
2016-142 Corporate Services 2017 Tax Rate
Page 95 of 116
AGENDA ITEM #e)
Residential & Farm Residential
0.00175201
Multi-residential
0.00175201
Commercial Occupied
0.00175201
Commercial Vacant
0.00122640
Commercial New Construction
0.00175201
Commercial Excess New Construction
0.00122640
Parking Lot
0.00175201
Industrial Occupied
0.00175201
Industrial Vacant
0.00113880
Industrial New Construction
0.00175201
Industrial Vacant New Construction
0.00113880
Farmland
0.00043800
Managed Forests
0.00043800
2016-142 Corporate Services 2017 Tax Rate
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AGENDA ITEM #f)
Report 2016-143 Recommend Report to Council To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Marian VanBruinessen, Director of Corporate Services/ Treasurer
Date of meeting:
December 21, 2016
Re:
Corporate Services – 2016 Fairmount Home Accounts Receivables WriteOffs
Recommendation Resolved That the Council of the County of Frontenac receive this Corporate Services – 2016 Fairmount Home Accounts Receivable Write-Offs report; And Further That Council authorize the Treasurer to write off accounts totalling $14,339.49. Background The Ministry of Health and Long Term Care provides funding to Long Term Care Homes and sets standard rates for resident payments. Residents are billed monthly for their share of the accommodation and any other miscellaneous expenditures that have occurred in that month. Overdue accounts are assessed regularly and payment notices forwarded to residents and responsible family members. When the overdue amount exceeds $5,000, legal action is taken to recoup funds.
2016-143 Corporate Services 2015 Fairmount Home Accounts Rec…
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AGENDA ITEM #f)
Comment The largest overdue account has been reported to the Ministry of Health and Long Term Care as misuse/misappropriation of resident’s money and is also under police investigation, but recent reports suggest that the funds will not be collectible. Other overdue accounts relate to deceased residents whose estates did not provide sufficient funds to cover the final payment. Financial Implications At this time, the Treasurer is requesting Council approval to write off those revenues deemed to be uncollectible in the total amount of $14,339.49. Organizations, Departments and Individuals Consulted and/or Affected Lisa Hirvi, Interim Administrator, Fairmount Home
Recommend Report to Council Corporate Services – 2016 Fairmount Home Accounts Receivable Write-Offs December 21, 2016
2016-143 Corporate Services 2015 Fairmount Home Accounts Rec…
Page 2 of 2
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AGENDA ITEM #g)
Report 2016-144 Council Recommend Report To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Marian VanBruinessen, Director of Corporate
Date of meeting:
December 21, 2016
Re:
Services/Treasurer
Corporate Services - 2017 Tax Ratios and Tax Rate Reductions
Recommendation Resolved That Council of the County of Frontenac accept this Corporate Services – 2017 Tax Ratios and Tax Rate Reductions report; And Further That Council consider a by-law, introduced later in the meeting, to reconfirm for 2017 the tax ratios and tax rate reductions currently in place. Background Under the Municipal Act, subsection 308 (2) requires that the County establish tax ratios. Tax ratios are defined in subsection 308 (3) as “the ratios that the tax rate for each property class must be to the tax rate for the residential property class where the residential property class tax ratio is 1”. The County is required under section 308 (5) of the Act to pass a by-law on or before April 30th each year to establish tax ratios for that year for the upper-tier municipality and its lower tiers. The tax ratio for the managed forests property class prescribed under the Assessment Act is 0.25. The tax ratio for the farm property class prescribed under the Assessment Act is 0.25 or such lower tax ratio as the upper-tier municipality or single-tier municipality may establish. Vacant commercial property is assessed at 70% of the commercial rate and vacant industrial property is taxed at 65% of the industrial as prescribed in the Act. In 1998 after consultation with elected representatives of the four Townships, the County deemed it expedient to establish tax ratios that are within the “range of fairness”.
2016-144 Corporate Services 2017 Tax Ratios and Tax Rate Red…
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AGENDA ITEM #g)
Comment It is necessary to review the tax ratio by-law each year prior to the presentation of a new budget. In 1998 it was agreed that all assessment classes should be taxed equally, excluding those for which special consideration must be given according to legislation. At that time, and it continues, this acceptance of fair taxing practices can be implemented without having significant implications for any one property class. The current tax ratios and tax rate reductions are: ASSESSMENT CLASS
TAX RATIO
Residential & Farm Residential
1.0000
Multi-Residential
1.0000
Commercial Occupied
1.0000
Industrial Occupied
1.0000
Landfills
1.0000
Pipeline
0.7000
Farmland
0.2500
Managed Forests
0.2500
Recommend Report to Council Corporate Services – 2017 Tax Ratios and Tax Rate Reductions December 21, 2016
2016-144 Corporate Services 2017 Tax Ratios and Tax Rate Red…
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AGENDA ITEM #g)
SUBCLASSES
Vacant Land, Vacant Units and Excess Land
TAX RATE REDUCTION
30%
in the Commercial Property Class Vacant Land, Vacant Units and Excess Land
35%
Subclasses in the Industrial Property Class First Subclass of Farmland Awaiting Development for all Property Classes
65%
Second Subclass of Farmland Awaiting 30% Development for all Property Classes Despite some of the inaccuracies associated with a province wide assessment system, the basis of MPACs farm property assessment is fair and equitable. Property owners are given the opportunity to request reconsideration and appeal their assessments. At the end of the day assessed value should reflect actual value. Market forces have led to farm property owners experiencing large capital gains on their properties. Farm properties represent 2.35% of the current value assessment in the County. Farmers will continue to receive a 75% discount on their taxation and any reduction in farm tax ratio would shift this burden to the other tax classes. This would be primarily residential which is 93.30% of the current value assessment and 97.98% of weighted taxable assessment in Frontenac County. Previous reassessments (2008) saw waterfront properties bear the brunt of property value/assessment increases. No tax relief was afforded to this group as the assessment were based on defendable market values. While the Eastern Ontario County Treasurers’ have long lobbied for fair administration of the farm tax rebate program, and the need to recover the lost revenue from the farm tax rebate download, that argument would be negated if the EOWC municipalities are willing to absorb additional farm tax rebate reductions, and therefore the farm tax ratio of 0.25 should not be changed. An additional tax class, Landfills, has been added for the 2016 reassessment. These properties were previously classed as commercial, but there was a request for greater municipal flexibility in relation to these properties. However at this time there are no parameters around the tax ratio for this new tax class. In discussion with the Township Recommend Report to Council Corporate Services – 2017 Tax Ratios and Tax Rate Reductions December 21, 2016
2016-144 Corporate Services 2017 Tax Ratios and Tax Rate Red…
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AGENDA ITEM #g)
Treasurers it was determined that it is appropriate to keep this at the residential tax rate similar to its prior treatment. There are no commercial land fill sites in the County and the total assessment for landfills is $104,950 under Payments in Lieu. Sustainability Implications Within Directions for Our Future, the vision statement associated with Capacity Building and Governance states that “Government decision-making processes are clear, forward thinking and focused on the longer term”. In 1998 County Council decided to tax all classes equally and maintain a competitive tax structure. Financial Implications Organizations, Departments and Individuals Consulted and/or Affected Township of North Frontenac Township of South Frontenac Township of Central Frontenac Township of Frontenac Islands
Recommend Report to Council Corporate Services – 2017 Tax Ratios and Tax Rate Reductions December 21, 2016
2016-144 Corporate Services 2017 Tax Ratios and Tax Rate Red…
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AGENDA ITEM #h)
Report 2016-145 Council Recommend Report To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Marian VanBruinessen, Director of Corporate Services/Treasurer
Date of meeting:
December 21, 2016
Re:
Corporate Services – 2016 Federal Gas Tax Allocation
Recommendation Resolved That Council of the County of Frontenac accept the Corporate Services – 2016 Federal Gas Tax Distribution By-law report; And Further That the Clerk be directed to bring forward a by-law to authorize the distribution of Federal Gas Tax to the Townships in 2016. Background The County is bound by the terms and conditions of the Federal Gas Tax Agreement with the Association of Municipalities of Ontario (AMO). Comment Through the 2016 budget process, the Federal Gas Tax received in 2016, $801,884, was to be distributed to the Township by weighted assessment as follows: WA assessment distribution 2016 Township of Frontenac Islands Township of South Frontenac
2016-145 Corporate Services 2016 Federal Gas Tax Allocation
9.86%
$79,093
57.89% $464,189
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AGENDA ITEM #h)
Township of Central Frontenac Township of North Frontenac
16.35% $131,141 15.90% $127,461 $801,884
In addition, other Federal Gas Tax funds are forwarded to the Townships for Community Improvement Plans, Eco-tourism projects and Smaller Scale sustainability projects. As the total amounts of those distributions are not known until later in the year the Bylaw must include those additional transfers. The Bylaw includes the following additional transfers; Central Frontenac: $10,000 – Small Scale – Improvements to multi use trail Frontenac Islands: $2,415 – EcoTourism Howe Island Ferry $4,000 – Community Improvement Plan (Marysville) South Frontenac:
$500.00 – Small Events – (South Frontenac Rides) $30,000 – Trail improvements in South Frontenac
North Frontenac:
$53,643.80 – Eco Tourism – Clar Mill Hall Community Grounds $5,600 – Community Improvement Plan
Sustainability Implications Governance – appropriate stewardship of County resources. Financial Implications A transfer from the Federal Gas Tax Reserve to the Townships as identified in the bylaw is required. Organizations, Departments and Individuals Consulted and/or Affected Township Treasurers Anne Marie Young, Manager of Economic Development
Recommend Report to Council Corporate Services- Federal Gas Tax Allocation Report December 21, 2016
2016-145 Corporate Services 2016 Federal Gas Tax Allocation
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AGENDA ITEM #i)
Report 2016-146 Recommend Report to Council To:
Warden and Council Members of the County of Frontenac
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Marian VanBruinessen, Director of Corporate Services/ Treasurer Paul Charbonneau, Chief of Paramedic Services
Date of meeting: Re:
December 21, 2016
Corporate Services – 2017 DRAFT Budget Revision
Recommendation Resolved That the Council of the County of Frontenac receive this Corporate Services – 2017 Draft Budget Revision Report And Further That Council amend the budget to reflect the adjustments outlined in the report. Background Committee of the Whole considered the budget on November 23, 2016 and recommended adoption of the amended budget to County Council. Comment This report brings to Council’s attention, Information received or identified after November 23rd and the budget implications. It has been identified that $5,400 related to the Community paramedicine program was incorrectly carried in the Land Ambulance base budget. The Community paramedicine program and associated revenue were dealt with as a project proposal outside of the base budget, so the Land Ambulance budget will be reduced by $5,400. On December 12th we received notice from MPAC that the increase to the MPAC requisition in 2017 will be 2.65%, $12,600 more than originally budgeted. The adjustment has been made and offset by a transfer from the Stabilization reserve.
2016-146 Corporate Services 2017 DRAFT Budget Revision
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AGENDA ITEM #i)
Assessment information received on December 12th indicates that assessment growth is 1.15% (originally estimated at 1.00%), reducing the requirement from the Stabilization reserve to meet the targeted increase. In addition, the assessment role indicates that the PIL revenue anticipated in the original budget will be $9,133 less than estimated. A transfer from the stabilization reserve has been added to offset that difference. The adjustments required are identified below. Financial Implications To maintain the service delivery and net levy increase as recommended by Committee of the Whole, the following adjustments are proposed.
Line B 2017 Levy before project proposals is increased by $27,133 ( $5,400 + $12,600 + $9,133) Line F Transfer from Stabilization reserve is increased by $13,802 to offset the adjustments (+$27,133 less $13,331 increase in growth)
The overall increase remains at 3.15% (2.5% levy plus .65% dedicated levy for capital).
Recommend Report to Council Corporate Services – 2017 Draft Budget Revision December 21, 2016
2016-146 Corporate Services 2017 DRAFT Budget Revision
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AGENDA ITEM #i)
2017 Levy Increase Before Project Proposals $
%
A B
2016 Levy 2017 Levy before project proposals
C
Levy increase
D
1/3 of Land Ambulance levy increase
-37,022
E
Estimated Growth
-103,112
-1.15%
F
C-D-E Transfer from Stabilization Reserve
181,484 46,984
2.02% 0.52%
G
Levy increase at 1.5%
134,500
1.50%
H
Land ambulance operational costs outside of mitigation D
37,022
0.41%
I
2017 Levy Before project proposals
171,522
1.91%
J
2017 Project Proposals Project Proposals - outside of mitigation Projects deleted by Council Projects added by Council Projects deferred Projects phased in Stabilization reserve transfer Project Proposals revised
52,639
0.59%
K
External Agency - CFDC request
L
Levy increase after mitigation
M
Dedicated Capital levy 2016 Total increase
8,966,273 9,287,891 B-A
321,618
G+H
3.59%
134,818 -3,000 -17,345 -15,408 -46,427
0.00%
I+J+K
L+M
224,161
2.50%
58,281
0.65%
282,442
3.15%
Organizations, Departments and Individuals Consulted and/or Affected
Recommend Report to Council Corporate Services – 2017 Draft Budget Revision December 21, 2016
2016-146 Corporate Services 2017 DRAFT Budget Revision
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AGENDA ITEM #a)
Report 2016-147 Information 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:
December 21, 2016
Re:
Corporate Services – Status Update of Council Abeyance List
Recommendation This report is for information purposes only. Background Council periodically passes miscellaneous motions directing staff to bring back reports of specific matters. The Clerk’s Office tracks these items on an abeyance list which is reviewed monthly at Senior Leadership meetings. Once a report has been presented to Council on an item in the abeyance list, the matter is removed from abeyance. Comment As of December 1, 2016, the follow items remain on the abeyance list along with each items respective status:
Council Abeyance List 2016
1
Date Item Description of Item Placed in Abeyance
Status
Mar. 18/15 Council Mtg.
Police complete July 15/15 report 2015-070
commission a study to assess potential opportunities to reduce costs and improve service delivery with regards to Policing and Fire throughout the County of Frontenac which identifies the current state and compare with potential options and
Fire Services Discussed at the December 2016 CAO’s Group meeting. No action recommended. North Frontenac has recently completed a fire review and Central Frontenac is now entering phase 2 of their fire review.
2016-147 Corporate Services Status Update of Council Abeyanc…
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AGENDA ITEM #a)
broken out into two elements one being policing and the other being fire. 2
July 15/15 Council Mtg
Police Report 2015-070 was amended that directed staff to invite an AMO Rep to a future Council meeting
The CAO has followed up with Pat Vanini, Executive Director of AMO who has advised that a representative from AMO will not attend a municipal Council meeting to speak to this issue until it has been discussed at the AMO Board of Directors.
3
July 15/15 Council Mtg
Improvement of Rural Healthcare and Social Services
Council received report 2016-058, Office of the Chief Administrative Officer – Strategic Priorities – Status Report on May 18, 2016 and confirmed its 3 strategic priorities of:
That staff be directed to prepare a report for the budget deliberations to address the issues raised in Councillor McDougall’s report;
- Meet the Aging Tsunami challenge for Frontenac Seniors
- Meet the emerging “post landfill” Solid Waste Management challenge for Frontenac residents.
- Respect for the Taxpayer and Focused Economic Development] All 2017-2021 Departmental business plans have been based upon these 3 strategic goals. The results of the public survey that was conducted in the fall indicates that there is strong public support (68%) of respondents supporting County involvement in improved availability of healthcare services; more strongly as partner (36%). For the County and staff to move forward on this item would require an amendment to a departments Business Plan and would require Council to amend its strategic priorities. In the absence of any further direction from Council, this item will be removed from the abeyance list.
4
November 18, 2015
Declaration of Intent of the County of Frontenac to Comply with the Compact of
Municipalities are now required to report greenhouse gas (GHG) emissions to the Province in accordance with:
Information Report to Council 2016-147 Corporate Services – Status Update of Council Abeyance List December 21, 2016
2016-147 Corporate Services Status Update of Council Abeyanc…
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AGENDA ITEM #a)
Council Mtg
Mayors on Green House Gas Emissions was deferred to the County CAO’s meeting with a report back to Council in January, 2016
https://www.ontario.ca/page/reportgreenhouse-gas-ghg-emissions and Ontario Reg 452/09 https://www.ontario.ca/laws/regulation/090452 This reporting includes the 3 criteria of complying with the Compact of Mayors, those being
- Take inventory of GHG with breakdown of buildings and transport sectors, identify climate hazards and report on same;
- Create Reduction Targets and Establish a System of Measurement
- Establish an Action Plan As such, both the Townships and the County are complying with the Compact of Mayors, with a formal declaration being redundant as this is now mandatory in Ontario. Pending no further direction from Council, this item will be removed from the abeyance list
Sustainability Implications Good governance is critical to the sustainability of a community and provides the necessary framework to guide members of council fairly and courteously through meetings of council and committees aids good decision-making. Financial Implications There are no financial implications directly associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Marian VanBruinessen, Director of Corporate Services/Treasurer
Information Report to Council 2016-147 Corporate Services – Status Update of Council Abeyance List December 21, 2016
2016-147 Corporate Services Status Update of Council Abeyanc…
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AGENDA ITEM #b)
Report 2016-148 Information Report to Council To:
Warden and Members of County Council
From:
Kelly J. Pender, Chief Administrative Officer
Prepared by:
Lisa Hirvi, Interim Administrator at Fairmount Home
Date of meeting:
December 21, 2016
Re:
Fairmount Home Level of Care – Personal Support Worker (PSW) Shift Continuation
Background Residents are entering into long term care homes, including Fairmount, with increasingly complex care requirements. Fairmount’s staffing levels do not match the resident care needs required. Therefore, delivering safe, quality, dignified and resident-centered care has become more challenging. On July 20, 2016, Council responded to this challenge by approving the recommendation to trial a seven and one half (7 ½) hour PSW shift for the period September 1, 2016 to December 31, 2016. During the 2017 budget process, the Committee of the Whole was presented with and supported a project proposal for the continuation of the PSW shift as long as circumstances warrant. Furthermore, the Committee of the Whole requested the followup report for Council at its meeting on December 21, 2016, rather than waiting until January 2017. Comment Fairmount’s business plan includes three objectives that are to 1) improve quality care, 2) reduce the occurrence and effect of illness/injury and 3) maximize the use of nonmunicipal funding resources. Since reporting to Council on July 20, 2016, the residents’ complexity of care requirements remain unchanged, which is supported by the case mix index (CMI) figures that are consistent between quarters. However, there has been an increase in the number of residents with concerning responsive behaviours that requires more supervision from staff. Furthermore, families’ expectations for their loved ones continue to increase.
2016-148 Fairmount Home Level of Care Personal Support Worke…
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AGENDA ITEM #b)
Overall, the implementation of the PSW shift has helped in delivering quality care to residents. The Director of Resident Care has noted fewer family complaints. The Registered Practical Nurses have noticed an improvement in call bell response times. Residents and families have shared positive feedback about the new PSW position. The preliminary results of the 2016 Resident Family Satisfaction Survey identified positive feedback about all staff; however, there were also comments about insufficient staffing to provide resident care. Lastly, there has been a slight decrease in reportable critical incidents to the Ministry of Health and Long Term Care. There have been improvements in staff safety. For the nursing staff on the day shift, there have been fewer workplace injury incidents reported during the three (3) month period ending November 30, 2016 when compared to the same period in 2015. Also, there were fewer workplace injury incidents reported on the day shift when compared to the evening shift during the same three (3) month period. There was a decrease in the sick time for nursing staff when comparing the 2016 results to 2015 for the three (3) month period ending November 30. Furthermore, nursing staff completed a workload survey before and after the implementation of the new PSW shift. The November 2016 results of the workload survey indicate that staff feel more supported by Management, have higher job satisfaction, a decrease in workload and an increase in staff morale. Staff report a higher percentage of quality care given that helps to manage stress and burnout. Fairmount’s third objective is to maximize the use of non-municipal funding resources. Staff have demonstrated their commitment to documentation to ensure that residents’ average care requirements are accurately reflected in the CMI. The CMI has increased annually since 2012-2013. Also, Fairmount continues to seek funding opportunities to improve resident care and services. Fairmount’s Auxiliary is dedicated to its fundraising efforts and contributes to special programming and equipment. In December 2016, the Community Foundation for Kingston & Area approved a grant request for a project that will engage the residents in celebrating Canada’s 150th Anniversary with members of the indigenous community. In September 2016, Fairmount submitted an application to the SE LHIN for in-house resources for behavioral support to its residents; the SE LHIN funding announcements are pending. Action continues to increase base funding from the ministry for long term care homes. In October 2016, Fairmount met with a SE LHIN representative and shared information about the changes in complexities of care for its residents. The Ontario Association of Non-Profit Homes and Services for Seniors (OANHSS) continues to urge government to make budget allocation decisions that will directly benefit long term care residents including increased level of care, dedicated behaviour support teams, increased designated behaviour units and increased raw food funding. Other organizations continue to actively advocate for a legislated four (4) hour daily care standard, for example, Canadian Union of Public Employees (CUPE) and its Time to Care campaign. Sustainability Implications The funding for nursing and personal care (NPC) is directly affected by the CMI. The 2017 budget includes estimated funding increases for both the CMI and base funding. The continuation of the PSW shift has been accounted for in the 2017 budget using the Information Report to Council Fairmount Home Level of Care – Continuation of PSW Shift December 21, 2016
2016-148 Fairmount Home Level of Care Personal Support Worke…
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AGENDA ITEM #b)
estimated CMI increase. The continuation of the PSW shift will be dependent upon the resident care requirements and the CMI. Financial Implications PSW wages and benefits are estimated at $85,800 per year. This figure is based on a 7.5 hour shift per day for 365 days per annum (1.40 FTE) and is included in the 2017 draft budget recommended to Council by Committee of the Whole. Organizations, Departments and Individuals Consulted and/or Affected Fairmount Home, County of Frontenac
Information Report to Council Fairmount Home Level of Care – Continuation of PSW Shift December 21, 2016
2016-148 Fairmount Home Level of Care Personal Support Worke…
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AGENDA ITEM #c)
Report 2016-149 Council Recommend Information Report To:
Warden and Members of County Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Anne Marie Young
Date of meeting:
December 21, 2016
Re:
Planning and Economic Development – Frontenac K&P Trail Update
Recommendation This report is for information purposes only. Background The unopened portion of the K&P rail bed, acquired by the County of Frontenac in 2008, runs through the Township of South Frontenac and part of the Township of Central Frontenac. The County’s acquisition of the land was undertaken as part of its economic stimulation efforts. The development of this multi-use trail offers an alternative transportation network for our residents and visitors, links us into the Trans Canada Trail system, connects our communities, and provides healthy lifestyle and recreational opportunities. County Council adopted the implementation of the Frontenac K&P Trail at its October 2009 regular meeting. Since that time the construction has proceeded in phases and to date five bridges have been reconstructed as well as approximately 42 km of trail has been developed. Comment A Request for Quotation (RFQ) for the development of the Frontenac K&P Trail – Final Phase – Tichborne to Sharbot Lake was issued to develop the trail in the Township of Central Frontenac. Approximately 4 km of the 12km remaining will be developed before the end of 2017. Seven submissions were received as follows: Name Crains’ Construction Limited
2016-149 Planning and Economic Development Frontenac K&P Tra…
Amount $ 137,593.50
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AGENDA ITEM #c)
Cruikshank group L.A. Knapp Inc. Kelly Paving Bricaza Corporation D&G Landscaping CSI Group
$ 195,218.00 $ 214,284.90 $ 304,503.00 $ 323,249.60 $ 389,637.00 $ 483,245.00
The submissions were evaluated by County staff. The successful proponent is Crains’ Construction Limited for the amount of $137,593.50 plus HST. Note: Several components of the development could not be determined in actual amounts before the RFQ was issued due to on-going land negotiations. Unit prices are guaranteed for a year by the proponent for the remainder of the development. It is expected the price of the actual build will come in more than the bid. Sustainability Implications This project supports a number of focus areas adopted in Directions for Our Future and is directly identified in Sustainable Actions 2014 under the economic pillar of sustainability as – Trail Network Development. The project supports the development of a network of trails in the County facilitating recreation and transportation networks and promoting active lifestyles. Financial Implications The Development of the Frontenac K&P Trail–Final is funded by the Canada 150 Community Infrastructure Program and the Investing in Ontario Fund for a total $494,000. Organizations, Departments and Individuals Consulted and/or Affected Township of Central Frontenac Residents of the County of Frontenac
Information Report to Council Planning and Economic Development – K&P Trail Update December 21, 2016
2016-149 Planning and Economic Development Frontenac K&P Tra…
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AGENDA ITEM #b)
COMMITTEE REPORT To:
Warden and Council Members of the County of Frontenac
From:
Jannette Amini Manager of Legislative Services/Clerk
Date of meeting:
December 21, 2016
Re:
Committee of the Whole – Report to Council
The Committee of the Whole reports and recommends as follows: 1.
2016-132 Corporate Services 2017 Draft Budget Resolved that the Committee of the Whole of the County of Frontenac accept this Corporate Services – 2017 Draft Budget report and 2017 Draft Budget document (Appendix B) for discussion; And further that the Committee of the Whole of the County of Frontenac recommend inclusion of the 2017 Project Proposals presented in (Appendix A); subject to the following being removed from the 2017 Budget:
Community Opportunities Grants proposal; Community Schools Alliance proposal; North Frontenac ATV Festival proposal; Option 1 for operating funds to CFDC proposal.
And finally that the Committee of the Whole of the County of Frontenac recommend that the Council of the County of Frontenac pass a by-law at its meeting on December 21, 2016 approving the 2017 Budget (as amended).
Committee of the Whole Meeting held November 23, 2016
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