Council - 04 Jun 2019 - Agenda — North Frontenac News Media

Published June 4, 2019

Word Count 36483 words

Reading Time 172 min read

Body: Council Type: Agenda Meeting: Regular Date: June 4, 2019 Collection: Council Agendas Municipality: South Frontenac

[View Document (PDF)](/docs/south-frontenac/Agendas/Council/2019/Council - 04 Jun 2019 - Agenda.pdf)

Document Text

Page 1 of 116

TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA

TIME: DATE: PLACE:

7:00 PM, Tuesday, June 4, 2019 Council Chambers.

Call to Order

Resolution

Declaration of pecuniary interest and the general nature thereof

Approval of Agenda

Scheduled Closed Session - n/a

Recess - 7:00 p.m.

Delegations

Tracy Zander, ZanderPlan Inc and Gavin Marshall, Magenta Waterfront Development Corp, re: Draft Plan Extension for Cranberry Cove and Johnston Point Developments

Gary Beach, re: Draft Plan Extensions

Public Meeting - n/a

Approval of Minutes

May 21, 2019 Council Meeting

Business Arising from the Minutes

Private Shooting Range - Cowboy Mounted Shooting

11 - 12

Z-19-07-B - Rezone from RU to RW, Con 7, Part Lot 23 & 24 Fanning - See By-law 2019-30

13 - 14

Reports Requiring Action

South Frontenac Official Plan Review

15 - 19

Application for Extension of Draft Plan Approval for the Johnston Point Plan of Condominium

20 - 36

Application for Extension of Draft Plan Approval for the Cranberry Cove Plan of Condominium

37 - 46

Application for Extension of Draft Plan Approval for the Ouellette Plan of Subdivision

47 - 59

4 - 10

Page 2 of 116

Premier’s Letter to Heads of Council - See Agenda Item 14 (d).

60 - 61

Committee Meeting Minutes

Bellrock Hall Committee meeting held April 17, 2019

Development Services Committee meeting held April 29, 2019

By-laws

By-law 2019-30 - Rezone Concession 7, Part Lot 23 & 24, Bedford (Third reading)

Reports for Information

Accounts Payable and Payroll Listing

Tender #PW-2019-06 - 19,500 LB GVWR Truck

Tender #PW-2019-20 Structural Tunnel - Plate Liner Replacement of Burnt Hills Road Culvert

County of Frontenac - Notice of Decision with Respect to a Draft Plan of Vacant Land Condominium under Section 51 (37) of the Planning Act - Shield Shores

Annual meeting with Lake Association Representatives

Information Items

Joanne Glaser, Cornerstones Management Solutions, re: CAO Recruitment

Harold and Lynn Snider, re: Obstruction of Noise By-law 2001-66

Petrolia Town Council Resolution, re: Re-establishment of combined OGRA & ROMA Conference

Honourable Doug Ford, Premier of Ontario, re: Getting Ontario back on track and addressing provincial deficit

92 - 93

Town of Grimsby, re: Opposition to Bill 108

94 - 95

Donna Campbell, Assistant to the Chair and General Manager, CRCA, re: Comments on Government of Ontario proposals (May 2019)

96 105

Watson & Associates Economists Ltd, re: Submission to the Province with respect to Bill 108

106 114

62 63 - 65

66 - 67

68 - 75

78 - 86

89 - 90

Page 3 of 116

Township of Central Frontenac - Resolution for Regional Roads

Notice of Motions

Announcements/Statements by Councillors

Question of Clarity (from the public on outcome of agenda items)

Closed Session (if requested)

Confirmatory By-law

By-law 2019-38

Adjournment

115

116

Page 4 of 116 Minutes of Council May, 21, 2019 Time: 7:00 PM Location: Council Chambers

Meeting # Present: Mayor Ron Vandewal, Pat Barr, Doug Morey, Ray Leonard, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff: Wayne Orr, Chief Administrative Officer,Trudy Gravel, Planner, Claire Dodds, Director of Development Services, Mark Segsworth, Director of Public Services, Louise Fragnito, Director of Corporate Services/Treasurer, Emily Caird , Executive Assistant 1.

Call to Order

Resolution Resolution No. 2019-14-1 Moved by Councillor Leonard Seconded by Councillor Roberts That the Council meeting of May 21, 2019 be called to order at 7:00 p.m. Carried

Declaration of pecuniary interest and the general nature thereof

Councilor Barr declared a pecuniary interest with respect to Agenda Item 13.a) the Accounts Payable and Payroll Listing.

Approval of Agenda

Resolution Resolution No. 2019-14-2 Moved by Councillor Roberts Seconded by Councillor Leonard That the Agenda be adopted as presented. Carried

Scheduled Closed Session - n/a

Recess - n/a

Public Meeting

Resolution Resolution No. 2019-14-3 Moved by Councillor Leonard Seconded by Councillor Roberts That a Public meeting be held to discuss planning matters related to application Z-19-07-B -Rezoning of Concession 7, Part Lot 23 & 24 - 184 Burridge Rd. Carried

Z-19-07-B - Rezoning of Concession 7, Part Lot 23 & 24 - 184 Burridge Rd

Page 5 of 116 Minutes of Council May, 21, 2019 Trudy Gravel gave Council and the public an overview of the application. Mayor Vandewal then called for questions from Council, to which there were none. He then called for input or questions of clarification from the public three times, to which there was also none. Resolution No. 2019-14-4 Moved by Councillor Roberts Seconded by Councillor Leonard That having had the opportunity for public input, the public meeting be closed. Carried 7.

Delegations

Howard A. Allan, Allan and Partners, re: 2018 Draft Financial Statements Howard Allan gave an overview of the draft financials that were presented to Council. His overall comment was that the Township was in good shape and he commended staff for their great financial management. Resolution No. 2019-14-5 Moved by Councillor Leonard Seconded by Councillor Roberts That Council accept the audited financial statements as presented. Carried

Norm Massie, re: Valleyview Subdivision Mr. Massie presented his deputation to Council with the support of Mr. Fox. Mayor Vandewal confirmed that Claire Dodds will be bringing a report to Council in the near future with the intention of addressing the presented issues. Councillor Sutherland inquired if there was a mechanism that would notify residents of when the subdivision received final approval . Claire Dodds noted that this could be a discussion topic for the Development Services Committee to address with the input of staff. Deputy Mayor Sleeth inquired if the subdivision agreement had been provided to the residents by their lawyer at the time of purchase. Mr. Massie indicated that he had spoken with most of the residents and all but one were not made aware of the agreement when they purchased.

Approval of Minutes

May 7, 2019 Council meeting Resolution No. 2019-14-6 Moved by Councillor Leonard Seconded by Councillor Roberts That Council approves the minutes of the May 7, 2019 Council meeting. Carried

May 11, 2019 Special Committee of the Whole

May 14, 2019 Committee of the Whole

Page 2 of 7

Page 6 of 116 Minutes of Council May, 21, 2019 Councillor Sutherland requested that an amendment be made to the section about the shooting range to include the stipulation that no live ammunition be used as part of the sport within the shooting range perimeters Resolution No. 2019-14-7 Moved by Councillor Roberts Seconded by Councillor Leonard That Council approves the minutes of the Special Committee of the Whole meeting held May 11, 2019 and the May 14, 2019 Committee of the Whole meeting, as amended. Carried 9.

Business Arising from the Minutes

Notice of Motion - Bill 108 Resolution No. 2019-14-8 Moved by Councillor Sutherland Seconded by Councillor Barr That Council adopt the recommendation as outlined in the report dated May 21, 2019 regarding the impact of Bill 108. Carried

Reports Requiring Action

Subdivision Compliance Resolution No. 2019-14-9 Moved by Councillor Barr Seconded by Councillor Sutherland That Council adopt the recommendation from the Development Services Committee that Development Services staff work through Public Services to contract a professional engineering firm in accordance with the Township procurement policy, that can assist with providing short term and on-going engineering services to support Township staff with subdivision and condominium compliance. Carried

Lot Grading & Drainage for New Lots Created by Severance Resolution No. 2019-14-10 Moved by Councillor Sutherland Seconded by Councillor Barr That Council adopt the recommendation of the Development Services Committee and recommend that the Committee of Adjustment impose conditions requiring the preparation of lot grading and drainage plans, and related agreements, for the creation of new lots and to direct staff to contract services of an engineering firm to peer review the grading plans for the purpose of clearing conditions. Carried

Request for Road Closure & Transfer - Concession 8, Pt Lot 23, Bedford - 642 Burridge Rd Mayor Vandewal called on Trudy Gravel to provide a synopsis of her report.

Page 3 of 7

Page 7 of 116 Minutes of Council May, 21, 2019 Trudy Gravel gave Council an overview and explained that Staff were looking to Council for direction on the size of the road allowance to be sold. Councillor Revill asked for clarification on the concept of orderly development as present by Trudy Gravel. Trudy Gravel explained that the main point of concern is how the remainder of the road allowance would be used and maintained should the Township sell less than the 1000 ft. Council came to a consensus that in order to avoid issues in the future, it would be in the Townships best interest to sell the full 1000 ft road allowance. The CAO confirmed that the Development Services Department should proceed with the notification process. d)

Site Plan Agreement - Concession 7, Part Lots 27 & 28 - 688 Dewitt Lane See By-law 2019-35

Road and Property Exchange - Norman Road at Perth Road (Spicer/ Postma) See By-laws 2019-31, 2019-32 and 2019-36. Councillor Sutherland inquired if the Township would be responsible for the assumed portion of the road. Claire Dodds noted that Norman Ln is a privately owned lane that is in alignment with Norman Rd. She explained that the municipality’s solicitor recommend that the Township dedicate it as Township owned property, but do not assume it for maintenance.

911 Contract Renewal - See By-law 2019-29

Appointment of Acting Deputy Treasurer - See By-law 2019-34

Committee Meeting Minutes - n/a

By-laws

By-law 2019-29 - 911 Contract Renewal Resolution No. 2019-14-11 Moved by Councillor Barr Seconded by Councillor Sutherland That the following by-laws be given first and second reading: • By-law 2019-29 • By-law 2019-30 • By-law 2019-31 • By-law 2019-32 • By-law 2019-33 • By-law 2019-34 • By-law 2019-35 Carried Resolution No. 2019-14-12 Moved by Councillor Barr Seconded by Councillor Sutherland That By-law 2019-29, being a by-law to authorize the Mayor and Chief Administrative Officer to execute an agreement with the Queen, as presented by the Ministry of Community Safety and Correction Services on behalf of the Ontario Provincial Police for the Provision of 9-1-1 Services, be given third reading, signed and sealed. Carried

Page 4 of 7

Page 8 of 116 Minutes of Council May, 21, 2019 b)

By-law 2019-30 - Rezone Concession 7, Part Lot 23 & 24 Bedford District It is anticipated that third reading will be given at the June 4th, 2019 Council meeting.

By-law 2019-31 - Purchase property in Concession 14, Pt Lot 25, Loughborough Resolution No. 2019-14-13 Moved by Councillor Revill Seconded by Councillor Ruttan That By-law 2019-31, being a by-law to purchase property being Part 2, 13R21964, Part of Lot 25, Concession 14 in the District of Loughborough, be given third reading, signed and sealed. Carried

By-law 2019-32 - Assume as common and public highway - Concession 14, Part of Lot 25 Resolution No. 2019-14-14 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2019-32, being a by-law to dedicate as common and public highway certain lands in the Township of south Frontenac pursuant to Section 31(6) of the Municipal Act, 2001, be given third reading, signed and sealed. Carried

By-law 2019-33 - Appointment of Chief Administrative Officer Mayor Vandewal took the opportunity to introduce and welcome the future CAO of the Township. He announced that Mr. Neil Carbone would commence his role on July 15, 2019 - two weeks in advance of the retirement of the current CAO, Wayne Orr. Resolution No. 2019-14-15 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2019-33, being a by-law to appoint a Chief Administrative OfficerDeputy Clerk, be given third reading, signed and sealed. Carried

By-law 2019-34 - Appoint a Deputy Treasurer Resolution No. 2019-14-16 Moved by Deputy Mayor Sleeth Seconded by Councillor Morey That By-law 2019-34, being a by-law to appoint a Deputy Treasurer, be given third reading signed and sealed. Carried

By-law 2019-35 - Site Plan Agreement with Trevor Tucker Resolution No. 2019-14-17

Page 5 of 7

Page 9 of 116 Minutes of Council May, 21, 2019 Moved by Deputy Mayor Sleeth Seconded by Councillor Morey That By-law 2019-35, being a by-law to authorize the Mayor and the Clerk to execute a site plan agreement between the Corporation of the Township of south Frontenac and Trevor Tucker, be given third reading, signed and sealed. Carried h)

By-law 2019-36 - To Stop up, close, and sell a portion of Norman Road, Plan No. 1451, Pt 1 of RP 13R21964, Spicer. Resolution No. 2019-14-18 Moved by Deputy Mayor Sleeth Seconded by Councillor Morey That By-law 2019-36, being a By-law to stop up, close, and sell a portion of Norman Road, Registered Plan No. 1451, being Part 1 of Reference Plan 13R21964, geographic Township of Loughborough, Spicer, be given third reading, signed and sealed this 21 day of May, 2019. Carried

Reports for Information

Accounts Payable and Payroll Listing

PW-2019-22 - Supply and Install Accessible Entrance at Bradshaw School House

Application for Extension of Draft Plan Approval for Johnston Point and Cranberry Cove Plans of Condominium Councillor Sutherland inquired if the Plan of Condominium Agreement had been signed by the owners of Johnston Point yet. Claire Dodds confirmed that it had not been signed as of yet with the recent change of ownership. Councillor Sutherland noted that he felt the Township should strongly oppose an extension on the Johnston Point Agreement until they sign the municipality’s agreement. He also expressed a desire to see the clear cutting of brush within the 30 m setbacks stop prior to an extension being permitted. Claire Dodds explained that the County has the approval authority for the extension agreement, but the Township would like to provide input as well. Councillor Revill noted that he would also not be in favour without being able to see the site first. Claire Dodds noted that the County and Township Staff will be doing a site visit at both locations on May 29,2019.

Information Items

Meela Melnik-Proud, re: Impact of Bill 108 - More Homes, More Choices Act

Notice of Motions - n/a

Announcements/Statements by Councillors

Mayor Vandewal made an announcement about the Long Service Luncheon that is to take place on Thursday May 23 at Public Works facility on Keeley Rd.

Question of Clarity (from the public on outcome of agenda items) - n/a

Closed Session (if requested) - n/a

Page 6 of 7

Page 10 of 116 Minutes of Council May, 21, 2019 19.

Confirmatory By-law

By-law 2019-37 Resolution No. 2019-14-19 Moved by Councillor Morey Seconded by Deputy Mayor Sleeth That By-law 2019-37 being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given third reading, signed and sealed this 21 day of May, 2019. Carried Resolution No. 2019-14-20 Moved by Councillor Morey Seconded by Deputy Mayor Sleeth That By-law 2019-37, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given third reading, signed and sealed this 21 day of May, 2019. Carried

Adjournment

Resolution Resolution No. 2019-14-21 Moved by Councillor Revill Seconded by Councillor Ruttan That the Council meeting of May 21, 2019 be adjourned at 8:07 p.m. Carried

Ron Vandewal, Mayor

Angela Maddocks, Clerk

Page 7 of 7

Page 11 of 116

REPORT TO COUNCIL CLERK’S DEPARTMENT

AGENDA DATE:

June 4, 2019

SUBJECT:

Private Shooting Range

RECOMMENDATION: That Council direct staff to issue a letter of “no objection” to the private shooting range proposed by Phillip Smith and Jamie Lloyd for the purpose of Cowboy Mounted Shooting, subject to both Phillip Smith and Jamie Lloyd entering into an agreement with the Township as outlined in the report of May 29, 2019. And that the CAO be authorized to enter into such agreement on behalf of the Township with Phillip Smith and Jamie Lloyd. BACKGROUND: Phillip Smith and Jamie Lloyd appeared as a delegation before Council on May 14 and explained their request for a letter of “no objection” from the Township in support of their application to the Chief Firearms Officer for approval for a private gun range to allow Cowboy Mounted Shooting. At the time Council expressed the following conditions for such an operation:       

That shooting would only take place one day per weekend; That the range be operated between the hours of 10:00 am and 8:00 pm with a maximum of four hours of firearms discharge per weekend; That no guests be allowed to discharge firearms on the approved range; That no live ammunition be discharged on the approved range; That the surface of the range shall be constructed of a non-combustible material; That the owners of the private shooting range notify the Clerk in writing when the range is approved and becomes operational and That this support is granted on a trial basis of 6 months of operation once the range is approved and constructed and will be subject to renewal upon evaluation.

The land is zoned Rural (RU) in the Comprehensive Zoning By-law permitting a number of uses including agriculture and a single detached dwelling. Although not included in the list of permitted uses, a shooting range is federally permitted and regulated under the Firearms Act under the Ministry of Community Safety and Correctional Services. Specifically, the proposal is for a private shooting range (i.e. not commercial) and, thus, there is nothing in the Township’s by-laws or the provincial Planning Act that would prevent the use. It is within Council’s jurisdiction to offer an opinion, by way of a resolution, as to whether Council has an objection to a private shooting range being used within the municipality. How the Chief Firearms Officer applies the opinion of Council in its approval process is the jurisdiction of the Chief Firearms Officer. The current Noise Bylaw does not apply to the discharge of firearms. The only bylaw that may be applicable is the comprehensive zoning bylaw; if the operations were determined to be of a commercial nature.

Our strength is our community.

Page 12 of 116

REPORT TO COUNCIL CLERK’S DEPARTMENT

From the Firearms Act and Regulations:  No person shall operate a shooting club or shooting range except under approval of the provincial minister for the province in which the premises of the shooting club or shooting range are located  shooting club means a non-profit organization whose activities include target practice or target shooting competitions using restricted firearms or prohibited handguns at an identified approved shooting range  shooting range means a place that is designed or intended for the safe discharge, on a regular and structured basis, of firearms for the purpose of target practice or target shooting competitions  No person may use a restricted firearm or prohibited handgun at a shooting range unless the person is a) A member or an officer of an approved shooting club; b) A guest of a person referred to in paragraph (a); or c) An individual who ordinarily resides outside of Canada who is either a member of a recognized shooting organization or a guest described in paragraph (b) In past conversation with a representative from the office of the Chief Firearms Officer, staff have been informed that: 

 

Further to the Firearms Act and its Regulations, Ontario has a policy that allows for a “Private Shooting Range“, where ONLY the owner, spouse and children living there are permitted to discharge restricted firearms, provided they are a member of an approved shooting club. Every five years the applicant has to resubmit the evidence needed to apply for approval. The Township could establish limits to the operations of a shooting range or club and the office of the Chief Firearms Officer would respect those restrictions.

FINANCIAL/STAFFING IMPLICATIONS: None anticipated.

ATTACHMENTS: None Submitted/approved by:

Prepared by:

Wayne Orr

Our strength is our community.

Page 13 of 116

Report to Council Development Services - Planning Public Meeting Report – Zoning Bylaw Amendment Report Date:

May 29, 2019

Application No:

Z-19-07-B

Owner:

Fanning (Capes)

Location of Property:

Part Lot 23 & 24, Concession 7, District of Bedford, Township of South Frontenac, municipally known as Burridge Lake Road and 184 Burridge Road Purpose of Application: Rezone land from Rural (RU) Zone, to the Waterfront Residential (RW) Zone as a condition of consent application S-90-18-B for a lot addition and to rezone the entire benefitting lands from Limited Services Residential (RLS) Zone and Limited Services Residential – Waterfront (RLSW) Zone to Waterfront Residential (RW) Zone Date of Public Meeting: May 21, 2019

Recommendation It is recommended that the by-law rezoning Part Lot 23 & 24, Concession 7, District of Bedford, Township of South Frontenac, municipally known as Burridge Lake Road and 184 Burridge Road be passed.

Proposal An application has been submitted to amend the Township of South Frontenac Comprehensive Zoning Bylaw 2003-75 to rezone the subject property owned by John and Christine Fanning for the severed lands to be merged with the lands owned by Victoria and Adrian Capes from Rural (RU) Zone to Waterfront Residential (RW) Zone as a condition of a consent application S-90-18-B. The rezoning is required in order to fulfill condition 8 of the consent application for the benefitting lands to one consistent zone to recognize the enlarged property as one consistent zone. The consent application was processed by the Township in November 2018. The benefitting lands will also be rezoned from Limited Service Residential (RLS) Zone and Limited Services Residential – Waterfront (RLWS) Zone to the Waterfront Residential (RW) Zone so the complete parcel will be one zone.

Background The subject property has received provisional consent approval for application S-90-18-B for a lot addition from an existing property at Part Lot 23 & 24, Concession 7, District of Bedford, municipally known as 184 Burridge Lake Road. The severed lands will consist of approximately 3.0 acres of land with no frontage to a developed lot municipally known as 264 Burridge Lake Road. The retained lands will consist of approximately 195 acres with over 200 metres of frontage along Burridge Lake Road and will remain in the Rural (RU) Zone. No further development is proposed for the benefitting lands. No development is proposed for the retained lands, although there is sufficient area for development on the lot in the future. The proposed zoning by-law amendment will bring the benefitting lands into compliance with the current provisions for waterfront residential lots.

Public Meeting A public meeting was held under the Planning Act on May 21, 2019. No comments were provided from Council or members of the public.

Page 14 of 116

Report to Council Development Services - Planning Summary A comprehensive report reviewing this zoning by-law amendment against the policies of the Provincial Policy Statement, 2014, the County of Frontenac Official Plan and the South Frontenac Official Plan was provided to Council in advance of the May 21, 2019 public meeting. As this rezoning is consistent and conforms to the Provincial Policy Statement, 2014, the County of Frontenac Official Plan and the South Frontenac Official Plan and Zoning By-law, it is recommended Council approve this application by passing the attached by-law. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments:

Zoning By-law 2019-30

Page 15 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT

AGENDA DATE:

June 4, 2019

REPORT DATE:

May 30, 2019

SUBJECT:

South Frontenac Official Plan Review

RECOMMENDATIONS: Recommendation #1 That Council adopt the recommendation from the Development Services Committee and that By-law 2015-48 (Official Plan Amendment # 23) be repealed and that staff commence with the process to prepare a new Official Plan. Recommendation #2 That Council adopt the recommendation from the Development Services Committee and schedule the required Section 26 meeting under the Planning Act for August 6, 2019. BACKGROUND: At the May 27, 2019 Development Services Committee meeting a request to provide input to staff on the proposed activities related to the Official Plan review and the Growth Management Study was reviewed and the committee made recommendations for Council to consider. See the attached report for further information on the topics discussed that include: Growth Management Study – Director to obtain a quote from Watson & Associates for the study. Section 26 Meeting – Special Meeting to consider Revisions to the Official Plan – recommended for August 6, 2019 Open Houses – Staff were directed to schedule meetings at three neutral spaces with an introductory portion and breakout sessions to allow for input on lakes and natural environment, rural lands and economy, settlement areas and community. One of the meetings is to be scheduled for a Saturday. Branding the Official Plan Review – see below – approved by the committee

South Frontenac 2040 Our Community Our Vision Our Official Plan FINANCIAL/STAFFING IMPLICATIONS: None. The Official Plan Update & Growth Management Study are already budgeted items in the approved 2019 budget.

1 Our strength is our community.

Page 16 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT

ATTACHMENTS: Report to Development Services Committee for May 27, 2019 meeting. Submitted/approved by: Claire Dodds, Director of Development Services

Prepared by: Angela Maddocks, Clerk

2 Our strength is our community.

Page 17 of 116

REPORT TO DEVELOPMENT SERVICES COMMITTEE DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:

May 27, 2019

REPORT DATE:

May 23, 2019

SUBJECT:

South Frontenac Official Plan Review

RECOMMENDATION: THAT the Development Services Committee provide input to staff on the proposed activities related to the Official Plan review and the Growth Management Study. BACKGROUND: Repeal By-law 2015-48 – Previous Update to the Township of South Frontenac Official Plan (OPA 23) On September 15, 2015 South Frontenac Council approved by-law 2015-48 (OPA 23) to update the South Frontenac Official Plan. Official Plan Amendment 23 was forwarded to the Ministry of Municipal Affairs for approval. About the same time the Ministry delegated the approval authority function to the County of Frontenac. Frontenac County then undertook a new County Official Plan. OPA 23 is now nearly 5 years old. There has been several major changes to the Planning Act (Bill 73 & Bill 139) since its adoption and significant guidance material developed that assists municipalities in the implementation of the 2014 Provincial Policy Statement since that time. There is also a significant emphasis in the Planning Act on Official Plan updates including provincial plan conformity exercises and consultation with the upper tier approval authority. It is anticipated that there are further changes to the Planning Act and Provincial Policy Statement in 2019/2020. None of these changes were incorporated into OPA 23 and would need to be modified into the amendment prior to approval. The modifications that the County would require to make OPA 23 conform to the current policy framework would occur in the absence of public consultation and potentially Township involvement. The County It is on this basis that the County does not wish to modify and approve OPA 23. Rather, there is a mutual interest from Township and County planning staff to consult and engage on developing a new Official Plan for South Frontenac with an emphasis on community engagement. While OPA 23 was adopted by the Township by by-law, no decision has been made by the approval authority (the County) and no decision is anticipated. It would be beneficial early in the new Official Plan development process to pass a by-law to revoke the previous adoption of the Official Plan Amendment and to direct staff to prepare a new Official Plan. Growth Management Study Staff are seeking direction about the possibility of sole sourcing Watson and Associates to complete the Growth Management Study for South Frontenac. Watson has been retained to update the County population projections that will impact the allocation of growth to the Township over the next 20 year period. Watsons has also been working with South Frontenac on population projections for our Development Charges. Watson has also been working with the City of Kingston on population projections and growth management.

1 Our strength is our community.

Page 18 of 116

REPORT TO DEVELOPMENT SERVICES COMMITTEE DEVELOPMENT SERVICES DEPARTMENT Under the procurement by-law, with Council direction, staff can sole source a project. Planning staff are in discussions with Watson to prepare a quote and outline the services they can provide to complete the Growth Management Study for consideration by Township staff and Council. At this time staff wish to have input from Development Services Committee as to whether sole sourcing this project is a consideration that should be pursued or if we should prepare an RFP for broad release. This is a budgeted 2019 study and it is anticipated to award this project by the end of July 2019. Section 26 Meeting – Special Meeting to consider Revisions to the Official Plan Section 26 & 27 of the Planning Act requires that Council:  Ensure that the Official Plan conforms with provincial plans, has regard for matters of provincial interest and is consistent with the Provincial Policy Statement  Bring the local Official Plan into conformity with the County of Frontenac Official Plan  Revise the Official Plan every 5 years  Before revising the Official Plan hold a special meeting of Council.  Consult with the approval authority and the prescribed bodies (e.g. MMAH, Conservation Authorities, school boards, etc.) to discuss the revisions that may be required. The Official Plan review and update is also an opportunity to:  implement studies, initiatives and strategic vision  ensure the Official Plan reflects community needs and aspirations  enhance, clarify and update the policy framework The Planning Act requires that notice of the special meeting be published at least once a week in each of 2 separate weeks, and the last publication be 30 days before the public meeting is held. Staff are proposing Council hold the Section 26 special meeting at the August 6th, 2019 Council meeting. Staff are requesting direction to advertise this date for the special meeting. Advertising would be via the website, social media and in the newspaper. Notice would need to be published in the June 27th & July 4th editions of Frontenac News to meet the requirements of the Planning Act. Open Houses Staff are proposing that 3 open houses in late summer/early Fall 2019 to get early public input on the vision and community needs to form a basis for developing policy. It is recommended they be themed open houses to engage residents in the area of the Township that reflects their interests. The proposed themed open houses include:   

Lakes and Natural Environment Rural Lands and Economy Settlement Areas and Community

August 2019 September 2019 October 2019 2

Our strength is our community.

Page 19 of 116

REPORT TO DEVELOPMENT SERVICES COMMITTEE DEVELOPMENT SERVICES DEPARTMENT Staff are requesting the Committee’s input on the location, venue and dates for these open houses. Branding the Official Plan Review Staff are seeking input on the possibility of branding the Official Plan Review process with a consistent logo and tag line for this project. Some examples could include:  South Frontenac – Vision 2040  South Frontenac 2040. Our vision. Our Community  South Frontenac 2040 – Community Official Plan

South Frontenac 2040 Our Vision Our Community Our Plan FINANCIAL/STAFFING IMPLICATIONS: None. The Official Plan Update & Growth Management Study are already budgeted items in the approved 2019 budget. ATTACHMENTS: None Submitted/approved by: Claire Dodds, Director of Development Services

3 Our strength is our community.

Page 20 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE: REPORT DATE:

June 4, 2019 May 30, 2019

SUBJECT:

Application for Extension of Draft Plan Approval for the Johnston Point Plan of Condominium 10CD-2014/001 Owners: Magenta Waterfront Development Corporation and 1324789 Ontario Inc. Applicant: Magenta Waterfront Development Corporation, Gavin Marshall Planning Consultant: Tracy Zander, Zanderplan

RECOMMENDATION: THAT South Frontenac Council recommend the County of Frontenac extend draft plan approval for a period of one year for application 10CD-2014/001, subject to the conditions outlined by the OMB decision dated June 28, 2016 and direct the Clerk to forward this resolution to the County Clerk. BACKGROUND: The Township received notice on May 13, 2019 that the County of Frontenac has received an application to extend draft plan approval for both the Johnston Point (10CD-2014/001) plan of condominium. While the County has the full responsibility/authority to make the decision regarding the extension of draft plan approval, the Township has the opportunity to make a recommendation to County Council regarding the extension of draft plan approval. Johnston Point Plan of Condominium received draft plan approval from the Ontario Municipal Board on June 28, 2016 with a 3 year lapsing condition. Draft Plan approval is set to lapse on June 28, 2019. Under the Planning Act, the Owner has the right to apply to the approval authority, in this instance the County of Frontenac, to extend draft plan approval. Reason for Draft Plan Extension: Magenta Waterfront Development is now responsible to project manage the Johnston Point Plan of Condominium. Tracy Zander of Zanderplan has been hired as the Project Manager on this file. The application to extend draft plan approval for Johnston Point lists the reasons why conditions of draft approval have not been completed to date. The reason stated in the application is: “The owner was required to execute an Overall Benefit Permit with MNRF to ensure protection of some species at risk habitat on the site. This is an important element of the project to define protective measures for habitat. This Permit was required prior to registration of the subdivision and has only recently been issued. In addition, as a result of an ongoing legal dispute between the previous project manager and Magenta Waterfront Development Corporation, the owner was delayed in their ability to clear the other draft Plan Our strength is our community.

Page 21 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT conditions and register the Condominium. That legal dispute has been resolved and ZanderPlan has been retained as project manager to complete the registration”. The application provides the applicant the opportunity to list additional reasons why County Council should consider extending draft plan approval. It states “The registration of this condominium project brings many economic benefits to the Township. The implementation of the recommendations in the supporting studies and the Overall Benefit Permit will serve to protect the natural heritage and Species at Risk Habitat.” Review of Request for Draft Plan Extension: The Johnston Point plan of condominium has outstanding conditions that are unable to be fulfilled by the June 28, 2019 lapsing date for draft plan approval. The conditions of draft plan approval were issued by the Ontario Municipal Board on June 28, 2016. A significant item that prevents staff from being in a position to clear conditions is the ability for Township staff to review the Benefit Permit. The MNRF issued the Benefit Permit for the Johnston Point project on November 14, 2018. The permit was issued to the proponent of the project. MNRF issued the permit to the proponent and is unable to share the permit with Township or County. The County has filed a Freedom of Information and Protection of Privacy Act request to obtain a copy of the Benefit permit that will be shared with the Township. To date – the County has not received a copy of the Permit. The Project Manager is also in the process of obtaining a copy of the Benefit Permit. Township Council authorized the Mayor and Clerk to enter into a condominium agreement with Magenta Waterfront Development Corporation and 1324789 Ontario Inc. on June 5, 2018. The condominium agreement undertakes to fulfill many of the condition of draft plan approval for the plan of condominium. To date, the agreement that was prepared by the Township has not been signed or registered. Condition 5D of the draft plan approval states that: The owner shall confirm that MNRF has been consulted on all species at risk issues and that the Declaration and the Vacant Land Condominium Agreement shall incorporate all recommendations from the MNRF included in any Benefit Permit, if issued, related to Gray Rat Snakes and Blandings Turtles or any other species at risk identified. As Township staff are aware that a Benefit Permit has been issued for Johnston Point, it is imperative that it is reviewed to ensure all recommendations are included in the condominium agreement and to confirm that there is no conflict with any other condition of draft plan approval before the Township can issue its clearance letter for final approval. In order to provide the Project Manager, Township and County staff the opportunity to obtain the Benefit Permit, and to allow Township staff to ensure all Township conditions have been cleared, it is recommended that South Frontenac Council recommend the County of Frontenac extend draft plan approval by one year, subject to the same conditions imposed by the Ontario Municipal Board.

Our strength is our community.

Page 22 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT Extending draft plan extension for only one year helps keep momentum for all parties to work actively to move this file towards final approval. Under the Planning Act, the maximum extension period is 3 years. Next Steps The resolution of South Frontenac Council will be forwarded to the County Clerk for consideration at the June 19, 2019 County Council meeting where the application to extend draft plan approval for Johnston Point will be considered. FINANCIAL/STAFFING IMPLICATIONS: None ATTACHMENTS: Attachment 1: Location Map of Johnston Point Plan of Condominium Attachment 2: Draft Plan Conditions of Johnston Point Plan of Condominium – 10CD-2014/001 Submitted/approved by: Wayne Orr, Chief Administrative Officer Prepared by: Claire Dodds, Director of Development Services

Our strength is our community.

Location Map - Johston Point Plan of Condominium

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Citations

1.8

WGS_1984_Web_Mercator_Auxiliary_Sphere © Latitude Geographics Group Ltd.

0.90

1.8 Kilometers

This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Notes

Page 23 of 116

1: 35,259

Page 24 of 116 CONDITIONS TO APPROVAL

The conditions of approval for the draft plan of condominium are as follows:

Approved Draft Plan: That this conditional approval applies to the Draft Plan of Vacant Land Condominium, dated February 26, 2016, last revised March 31, 2016, prepared by FOTENN Consultants Inc. and certified by Ronald Clancy, Ontario Land Surveyor comprising a total of 15 Residential Units and 4 blocks subject to the following: I.

II.

The locations of proposed dwellings and septic locations on Unit 7 and 15 shall be evaluated by a qualified environmental consultant and an addendum to the EIS prepared to confirm the locations and any conditions necessary for construction. The boundaries of the common element open space shall ensure that a 5m buffer between any units and the wetland boundary within the common element open space is established, consistent with the drawing attached as Attachment “A”.

Condominium Agreement: A. That the owners of the subject land enter into a vacant land condominium agreement with the municipality, prepared to the satisfaction of the municipality, to be registered on title of the subject land. B. That the Vacant Land Condominium Agreement include a clause stating that 911 civic addressing and locations of all entrances to the units, including the construction and locations of any entrance culverts, shall be shown on a plan prepared to the Townships satisfaction prior to any development of the property.
Financial Requirements: A. That the owner agree in writing to satisfy all the requirements, financial and otherwise of the municipality concerning the provision of private lanes and upgrading of roads, installation of services and drainage, in accordance with the municipality’s standards and procedures. B. That the Owner shall reimburse the Township of South Frontenac and County of Frontenac for all legal, engineering, planning, administrative expenses and permit fees including the cost of any peer review that the Township of South Frontenac or County of Frontenac may require in relation to the condominium.
Access A. That the private roads included in this draft plan identified as ‘Blocks 16 and 17 shall be constructed to Township standards for new private lanes. Final approval of the constructed road will be required by the Township Public Works Manager. B. That the private roads included in this draft plan identified as ‘Blocks 16 and 17 shall be located a minimum of 30 metres from the nearest point of any wetland or waterbody. C. All driveway construction for each Unit shall require Site Plan approval. All driveways shall require engineering design by a qualified Engineer to ensure mitigative measures are applied to direct stormwater runoff and reduce erosion. Following construction, inspection and approval of the Township Public Works Manager shall be required.

Page 25 of 116 D. That traffic counts be undertaken at North Shore Road and that the entrance location at the road be constructed to a standard acceptable to the Township, particularly in regards to safe sight lines and any requirements of the municipality related to traffic counts. E. That the private roads identified as ‘Blocks 16 and 17 to be created as ‘Common Element’, including the “Existing Roadway Easement Over Private Lands”, be named to the satisfaction of the municipality. F. That a 0.3 metre reserve be identified by survey along the road allowance of North Shore Road where it abuts proposed Unit 12, which 0.3 metre reserve shall be conveyed to and held in trust by the municipality for the purpose of denying additional access onto North Shore Road. G. That legal access to proposed Units 1, 2, 3, 4, 5 and 14 be obtained over the abutting portion of the existing lane that is on other private lands, and that the vacant land condominium agreement contain wording to permit this access. This wording must also acknowledge that the existing residential lots’ access over the lane will be maintained all the way back to the public road. 5. Environment and Natural Heritage A. That the vacant land condominium agreement contains wording applying to all of the proposed units setting out the municipality’s limited service policies to recognize that there is no commitment or requirement by the municipality to assume responsibility for ownership or maintenance of the private lane within the plan. In addition, the vacant land condominium agreement applying to all the waterfront units shall set out the municipality’s environmental protection policies requiring that the area within 30 metres of the highwater mark of a waterbody or wetland shall be maintained in a natural state for soil and vegetation. This 30 metre environmental protection area is identified as Attachment “B”. B. That the wetland area within the boundary of proposed Unit 14 be surveyed by the Owner prior to construction of any driveway within the Unit. The driveway shall be surveyed prior to construction to ensure that the driveway is constructed a minimum of 30m from the boundary of the surveyed wetland. The driveway shall be constructed by the Owner as a condition of sale of the Unit. This condition shall be included in the condominium agreement with the Township and the agreement of purchase and sale for Unit 14. C. That all conditions outlined in the letter dated November 12, 2014 from the Cataraqui Region Conservation Authority to the County of Frontenac, be included in the vacant land condominium Agreement with the Township, including that all driveways be placed a minimum of 30 metres from any waterbody and that all recommendations of the stormwater management plan be implemented. D. The owner shall confirm that MNRF have been consulted on all species at risk issues and that the Declaration and the Vacant Land Condominium Agreement shall incorporate all recommendations from the MNRF included in any Benefit Permit, if issued, related to Gray Rat Snakes and Blandings Turtles or any other species at risk identified. E. That the Owner shall complete Whip Poor Will surveys to determine if they are present at the site and submit this information to the MNRF. 6. Declaration, Easements and Joint Use Agreement That the Declaration contain, at a minimum, clauses addressing the following to the satisfaction of the municipality, which clauses shall also form part of the Vacant Land Condominium Agreement: i. all access roads and driveways shall be set back a minimum of 30 m from all wetlands and water bodies; ii. silt barriers between all construction areas and wetlands or other water bodies shall be installed and maintained throughout the construction process until all disturbed areas have been revegetated;

Conditions of Approval Johnston Point Plan of Condominium

Page 2 of 11

Page 26 of 116 iii. all building envelopes and septic beds shall be located at the top of slope, complying with the setback distances established in Attachment “C” to these Draft Plan Conditions; iv. subject only to condition 6 (v), (vii), all living trees greater than 4 inches diameter at breast height within 40 m of any water body shall not be removed, with the exception of trees knocked over naturally; v. subject only to condition 6 and (vii), all vegetation, with the exception of invasive species, shall be retained and maintained in their natural state within 30 m of all water bodies; vi. An Ecological Committee shall be set up as part of the Condominium Board whose mandate would be to promote environmental stewardship initiatives on Johnston Point. vii. Notwithstanding sub-paragraphs 6(iv) and (v) above, the owner of a Unit, with the exception of Units 7, 9, 12, 13 and 15, may construct a walkway to the water provided that the walkway is no wider than 1.5m and provided that the walkway is constructed in the locations set out in the drawing attached to these Conditions of Draft Approval as Attachment ‘A’. Any deviation from these prescribed locations may only be considered if in consultation with a qualified environmental professional to the satisfaction of the Township; viii. The Owner shall construct the walkways to the water as a condition of sale of the Units where a walkway is permitted. This condition shall be included in the condominium agreement with the Township and the agreement of purchase and sale for all Units where a walkway is permitted; ix. The existing Butternut tree at Unit 8 shall be retained and no development shall be permitted within 25 m of the tree; x. Signage shall be installed at the PSW boundary to ensure residents do not alter, fill or negatively impact the PSW, which signage shall be worded to the satisfaction of the municipality and the CRCA; xi. Docks may only be constructed on units 1, 2, 3, 4, 5, 6 (Unit 6 is subject to obtaining access in accordance with these conditions), 8, 10, 11 and 14 provided that the following restrictions are complied with:

docks may only be constructed at the general locations identified on Attachment “A” to these Conditions of Draft Plan Approval;
The joint use docks may only be constructed in accordance with all applicable approvals issued by the Cataraqui Region Conservation Authority and/or the Ministry of Natural Resources and Forestry;
docks must be floating or pole docks;
no aquatic vegetation shall be removed during construction, use or maintenance of any dock;
the surface area of any dock located in Long Bay shall not exceed 15 m² and its length shall not exceed 8 m;
subject to 6(xii), the surface area of any dock not located in Long Bay may not exceed 20 m² and its length shall not exceed 8 m;
the Owner shall work with any purchaser of any Unit to determine their preference and docking needs and shall construct all docks as a condition of sale of the Units where a dock is permitted. As per condition 6 xi.(2), dock location and construction shall only occur following CRCA and/or MNRF permit issuance. This condition shall be included in the condominium agreement with the Township and the agreement of purchase and sale for all Units where a dock is permitted. xii. Joint use docks may be constructed on Unit 10 to provide shared docking for the owners of Units 7, 9, 12, 13 and 15, subject to the following restrictions:
The Owner’s qualified environmental professional, in cooperation with the Cataraqui Region Conservation Authority, will identify a low/no impact 1.5 metre walkway to the joint use docking facility through the vegetated buffer on lot 10 generally in the location identified on Attachment “A” to the water’s edge. The walkway shall be constructed a minimum of 3m from the adjacent wetland Conditions of Approval Johnston Point Plan of Condominium

Page 3 of 11

Page 27 of 116 boundary and be delineated by a page wire fence. The Owner shall construct the joint use docks as a condition of sale of the first Unit that is permitted to use the joint use docks. This condition shall be included in the condominium agreement with the Township and the agreement of purchase and sale for all Units that are permitted to use the joint use dock; 2. The joint use docks may only be constructed in accordance with an approval provider; 3. The joint use docks must be floating, cantilever, or pole docks; 4. No aquatic vegetation shall be removed during construction, use or maintenance of any dock; 5. The owners of Units 7, 9, 12, 13 and 15 will have exclusive use of the 0.31 ha small island located south of and between units 8 & 9 , and held in ownership by the Condominium Corporation; 6. Development on this small island will comply with Clause 6(v). The old corduroy road/path to the island shall be removed in accordance with the recommendations of a qualified environmental professional. The location of the dock shall be limited to the east side of the island. Permanent exclusionary fencing and signage shall be installed limiting access to the west side of the island. Signage will explain why no access to the west side of the island is permitted. Any deviation from these prescribed locations on Attachment ‘A’ may only be considered if in consultation with a qualified environmental professional to the satisfaction of the Township; 7. The owners of Units 7, 9, 12, 13 and 15 will be permitted additional shared docking on this small island. All joint use docking on the island shall conform to the requirements of this condition; 8. The joint use docks shall be constructed so that they do not interfere with navigation and shall conform with the applicable zoning for docks. B. The Common Element Open Space shall be governed by Condominium Rules to, at a minimum and without limitation, prohibit the removal of any vegetation within this area and to prohibit the creation of walkways and structures. Use of the Common Element Open Space shall be restricted to “passive recreational uses” as defined in Condition 9A.

On-Site Sewage Disposal and Water Systems: A. That the recommendations outlined in the letter dated September 3, 2014 from KFL&A Public Health to the County of Frontenac, be addressed to the satisfaction of the municipality.
Dock and Deck Access A. Subject to Condition 6(xi),that any dock that is placed at Unit 2 shall be located on the western shore of Unit 2 so that the dock is not located in Long Bay, but is on the open water of Loughborough Lake. Only one (1) dock shall be permitted to service Unit 2, all other existing docks shall be removed as a condition of site plan approval for the Unit. B. Subject to Condition 6(xi), only one (1) dock shall be permitted to service Unit 1, all other existing docks shall be removed as a condition of site plan approval for the Unit. C. That, in recognition that access to the open water of Long Bay from proposed Unit 6 is by way of an island within a wetland, a walking bridge be installed under the supervision of the Cataraqui Region Conservation Authority to provide this access to Long Bay. Such walking bridge must be installed to the satisfaction of the CRCA and the Township prior to registration of the Description and vacant land condominium Agreement. Conditions of Approval Johnston Point Plan of Condominium

Page 4 of 11

Page 28 of 116 9. Parkland Dedication: A. That Block 18, Common Element Parkland, be renamed a Common Element Open Space. The Common Element Open Space shall be governed by Condominium Rules to, at a minimum and without limitation, prohibit the removal of any vegetation within this area and to prohibit the creation of walkways and structures. Use of the Common Element Open Space shall be restricted to passive recreational uses and all motorized vehicles shall be prohibited. For the purposes of this section, “passive recreational uses” shall not include trails, hunting, motor boating, or use of any motorized vehicle. An overlook/viewing area shall be permitted in this Block; such overlook to be located adjacent to the private road and be subject to Site Plan Approval. B. That the owner convey up to five percent of the land included in the plan to the municipality for public park purposes. Alternatively, the municipality may require cash-in-lieu for all or a portion of the conveyance. 10. Stormwater A. That the recommendations contained in the ‘Stormwater Management Brief for the Johnston Point Condominium Development’, undated, by Asterisk Engineering Corporation and associated drawings related to site drainage design, construction and maintenance, including construction of ditches and culverts, be included in the Vacant Land Condominium Agreement and that they be complied with to the satisfaction of the municipality. B. That all requirements and recommendations specified in the ‘Hydrogeological Assessment at Johnston’s Point’ report, dated June 2014 from WESA, and all associated drawings be included in the Vacant Land Condominium Agreement and that they be complied with to the satisfaction of the municipality. Human Remains: The condominium agreement shall contain a clause providing that any Owner(s) be advised, and also that a notice be placed in the purchase and sale agreement alerting any prospective purchasers that in the event that human remains are discovered during construction or site development of a lot, that the property owner shall immediately contact the OPP, the Ministry of Tourism, Culture and Sport and the Registrar or Deputy Registrar of the Cemeteries Unit of the Ministry of Consumer Services (or the applicable agencies at the time of final approval). 11. Archaeological Resources: A. That all recommendations of the Archaeological Assessment (Stage 1-4) Report by Abacus Archaeological Services be implemented to the satisfaction of the Township. B. That the applicant provide clearance letters for the Stage 1-4 Archaeological Assessments from the Ministry of Tourism, Culture, and Sport. C. That if during the process of development any archaeological resources or human remains of Aboriginal interest are encountered, the Algonquins of Ontario Consultation Office will be contacted immediately at: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke, Ontario K8A 8R6 Telephone: (613) 735-3759 Fax: (613) 735-6307 email: algonquins@nrtco.net 12. Utilities and On-Site Works A. The following mitigation measures shall be implemented: Conditions of Approval Johnston Point Plan of Condominium

Page 5 of 11

Page 29 of 116 i. The private road shall be posted with a 30 km/h speed limit placed to the satisfaction of the municipality; ii. a turtle crossing and education sign developed to the satisfaction of the municipality shall be installed on the private road near the southern end of lot 13; iii. the private road shall be maintained as a gravel surface only; for clarity, no future hard surface paving shall be permitted without additional environmental impact analysis; iv. a land owner education program and environmental sensitivity information package shall be developed and provided to every owner of a Unit and the clause shall be included in all agreements of purchase and sale for any unit enclosing the education information package; and v. a permanent exclusion fence shall be constructed on both sides of the private road along the frontage of lots 6 and 8, to the satisfaction of the municipality. B. That, prior to final approval, the portion of the unopened road allowance identified on the Plan through Units 12 and 13 and Block 17, be closed and the ownership transferred to the owner of the subject lands. C. That, prior to final approval, a garbage collection facility be installed at the entrance to the development near North Shore Road to the satisfaction of the Township. D. That, prior to final approval, any required Canada Post box be installed on the right-of-way for the lane near the entrance to the development at North Shore Road. E. That, prior to final approval, street lighting shall be installed to the Township’s satisfaction at the location for the Canada Post boxes and garbage collection area near North Shore Road. F. That, prior to final approval, street signage shall be installed according to Township standards and to the satisfaction of the municipality. G. Speed limit signs shall be erected at the water at the entrance to Long Bay advising that all watercraft shall adhere to a maximum 10 km/h speed limit H. That, prior to final approval, the municipality be satisfied that all servicing issues are resolved such as private lane construction and any required upgrades to North Shore Road. 13. Site Plan Control That the development of all Units shall be subject to site plan control approval. Site Plan Control applications shall be circulated to Cataraqui Region Conservation Authority for review and comment prior to Township approval. Prior to applying for any building permit the owner of any Unit shall obtain site plan control approval and enter into a site plan control agreement with the Township, which agreement shall include, but not be limited to, the following: i. An approved site plan showing the location of all structures, including the septic disposal system and well, consistent with the recommendations of the EIS; ii. A location for the alternate septic disposal system location, which location shall not be developed; iii. The location of any walkway to the water, where such walkway is permitted; iv. The location of any dock, where a dock is permitted; v. The location of any driveway; and vi. Notwithstanding condition 6 (iv), all living trees on each Unit greater than 4 inches diameter at breast height shall be maintained unless approved for removal as part of Site Plan review. 14. Revisions to Draft Plan:

Conditions of Approval Johnston Point Plan of Condominium

Page 6 of 11

Page 30 of 116 A. That Prior to Final Condominium Approval, the Owner shall submit a revised Block Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval. B. That where final engineering design(s) result in minor variations to the Plan (e.g., in the configuration of lots, etc.), these may be reflected in the Final Plan subject to the satisfaction of the Township of South Frontenac and the County of Frontenac. 15. General conditions: A. That when requesting final Approval from the County of Frontenac, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor’s certificate stating that the lots/blocks thereon conform to the frontage and area requirements of the Zoning By-Law. B. That prior to final approval, the County of Frontenac is to be advised by the municipality that this proposed subdivision conforms to the Zoning By-law in effect of the Township of South Frontenac including that the zoning is satisfactory to the Cataraqui Region Conservation Authority. C. That the Owner submit a draft Vacant Land Condominium Declaration for approval by the Township and County to ensure all conditions of approval will be satisfied 16. Clearance Letters: A. That prior to final approval, the County of Frontenac is to be advised by the municipality that this proposed development conforms to the Zoning By-law in effect of the Township of South Frontenac including that the zoning is satisfactory to the Cataraqui Region Conservation Authority. B. That Prior to Final Condominium Approval, the County is to be advised in writing by the Township of South Frontenac the method by which conditions 1 to 14 have been satisfied. C. That Prior to Final Condominium Approval, the County is to be advised in writing by KFL&A Public Health the method by which condition 6A has been satisfied. D. That Prior to Final Condominium Approval, the County is to be advised in writing by the Cataraqui Region Conservation Authority the method by which conditions 7 and 8 have been satisfied. 17. Lapsing Provisions: A. That pursuant to Section 51(32) of the Planning Act, this Draft Plan Approval shall lapse at the expiration of three (3) years from the date of issuance of Draft Plan Approval if final approval has not been given, unless an extension is requested by the Owner and, subject to review, granted by the approval authority. B. That pursuant to Section 51(33) of the Planning Act, the Owner may submit a request to the approval authority for an extension of the Draft Plan Approval. The extension period shall be for a maximum of three (3) years and must be submitted prior to the lapsing of Draft Plan Approval. Further extensions may be considered at the discretion of the Township and the County.

Conditions of Approval Johnston Point Plan of Condominium

Page 7 of 11

Page 31 of 116 Attachment “A” Conceptual Site Plan Unit, Path and Dock Locations

Conditions of Approval Johnston Point Plan of Condominium

Page 8 of 11

6.00

TOTAL SITE AREA

.5m

DOCKING AT SHARED ISLAND (BLOCK 19)

COMMUNAL DOCK AT UNIT 9/10 BOUNDARY

m 7.5

JPTP13

JPTP12

JPTP11

36.84

0.31

Block 19

EXCLUSIVE USE

Part of PROVINCIALLY SIGNIFICANT Units/Blocks 1, 6, WETLAND 9, 14 and 18

2.72

Part of Block 18

OPEN SPACE/PARKLAND

2.50

Blocks 16-17

TW5

JPTP01

JPTP02

35m

JPTP04

ack

Setb

JPTP03

JPTP15

P A

JPTP05

JPTP06

7m 10

m 118

TW4

300mm CULVERT

JPTP23

76 m

TW1

1m 15

TW3

JPTP10

JPTP09

A JPTP07 JPTP08

600mm CULVERT

JPTP25

BLOCK 18

JPTP24

ack Setb 60m

m 115

5m 10

JPTP16

tbac

JPTP19

Se 60m

bac

Set

BL O 17

ROADS/STREETS

P JPTP22

117 ack

JPTP18

60m Setb

Units 1-15

TW2

JPTP20

450mm CULVERT

JPTP21

AREA +/DENSITY (ha) 25.31 0.59

1010 PEBBLE

RESIDENTIAL

13m

k ac

UNITS/BLOCKS

m 60

LAND USE TABLE

etb

EMERALD

LAND USE

4m P

A P

Se m

A P

45 m 40 Se m tba Se c tb k ac k

1101EMERALD

SUBJECT SITE

Shown on Draft Plan Shown on Draft Plan All adjacent lands owned, or in which the applicants have an interest are shown on the Key Plan Residential: Single Dwelling Units Residential: Rural / Single Dwelling Units Shown on Draft Plan Shown on Existing Conditions and Proposed Condominium Plan Private Wells Loam - shallow phase, loam, rock outcrop, shallow monteagle sandy loam, muck and peat Shown on Draft Plan Garbage collection, Telephone, Cable, Electricity Restrictive Covenants, Utility Easements

DATE

O.L.S

DRAWN BY REVIEWED BY DATE SCALE

YL MK 2016.02.29 1:1400

108-6 Cataraqui Street Kingston ON K7K 1Z7 Tel: 613 542 5454 Fax: 613 730 1136 www.fotenn.com N

CONCEPTUAL SITE PLAN

DRAWING

JOHNSTON POINT PLAN OF CONDOMINIUM

PROJECT

MAGENTA WATERFRONT DEVELOPMENT LIMITED

CLIENT

No. REVISION

DATE: JUNE 12, 2014

I CERTIFY THAT: PROPERTY PERIMETER IS BASED ON THE FOLLOWING UNDERLYING SURVEY: 13R-13844

SURVEYOR’S CERTIFICATE

SIGNED:_____________ DATE: ________________

I, ______________ HERBY AUTHORIZE ________________________ TO PREPARE AND SUBMIT THIS PLAN TO THE COUNTY OF FRONTENAC FOR REVIEW AND APPROVAL.

OWNER’S CERTIFICATE

j) k) l)

d) e) f) g) h) i)

a) b) c)

ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51.17 (A-L) OF THE PLANNING ACT:

KEY PLAN

Page 32 of 116

A P

50m

Page 33 of 116 Attachment “B” 30 Metre Environmental Protection Area

Conditions of Approval Johnston Point Plan of Condominium

Page 9 of 11

688

Page 34 of 116

no yes yes yes yes yes no no no no no no no no no

Conditions of Approval Johnston Point Plan of Condominium

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Unit No. waterfrontage long bay

yes yes no no no no no yes no yes yes no no yes no

waterfrontage main lake

Johnston Point Site Plan Matrix

yes yes yes yes yes yes no yes no yes yes no no yes no

individual dock permitted

20m2 20m2 15m2 15m2 15m2 15m2 n/a 20m2 n/a 20m2 20m2 n/a n/a 20m2 n/a

no no no no no no yes no yes no no yes yes no yes

Page 10 of 11

no no no no no no yes no yes no no yes yes no yes

yes yes yes yes yes yes no yes no yes yes no no yes no

no no no no no yes no no no no no no no no no

40 40 50 50 50 50 50 40 60 40 40 60 60 35 50

maximum shared shared 3 meter 1.5 m building dock size dock w/ 0.31 ha path to bridge to setback from easement island water island wetland/lake on unit 10

Attachment “C” Site Plan Matrix

45 50 50 60 60 60 60 45 60 60 60 60 60 35 60

yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes

septic Site details in setback Plan APS from Control wetland/lake

Page 35 of 116

Page 36 of 116

Page 37 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE: REPORT DATE:

June 4, 2019 May 30, 2019

SUBJECT:

Application for Extension of Draft Plan Approval for the Cranberry Cove Plan of Condominium 10CD-2012/002 Owner: Magenta Waterfront Development Corporation Applicant: Magenta Waterfront Development Corporation, Gavin Marshall Planning Consultant: Tracy Zander, Zanderplan

RECOMMENDATION: THAT South Frontenac Council recommend the County of Frontenac extend draft plan approval for a period of one year for application 10CD-2012/002, subject to the conditions approved by County Council on July 16, 2014 and direct the Clerk to forward this resolution to the County Clerk. BACKGROUND: The Township received notice on May 13, 2019 that the County of Frontenac has received an application to extend draft plan approval for the Cranberry Cove (10CD2012/002) plan of condominium. The County has the full responsibility/authority to make the decision regarding the extension of draft plan approval. Township Council has the opportunity to provide a recommendation to County Council regarding the extension of draft plan approval. Cranberry Cove Plan of Condominium is due to lapse on July 16, 2019. Cranberry Cove Plan of Condominium received draft plan approval from the County in 2014 and had a 1 year extension to draft plan approval granted in 2017 and in 2018. Reason for Draft Plan Extension: Under the Planning Act, the Owner has the right to apply to the approval authority, in this instance the County of Frontenac, to extend draft plan approval. Magenta Waterfront Development Corporation is the owner of the Cranberry Cove Plan of Condominium. The application to extend draft plan approval for Cranberry Cove lists the “ongoing legal dispute between the previous project manager and Magenta Waterfront Development Corporation, the owner was delayed in their ability to clear the Draft plan conditions and register the Condominium. The legal dispute has been resolved and Zander Plan (Tracy Zander) has been retained as project manager to complete the registration”. The application lists additional reasons why Council should consider extending draft plan approval. It states “The registration of this project will bring numerous economic benefits to the Township. Final details required to complete the registration of the Condominium are legal and administrative in nature and we are confident that these can be completed in a timely manner now that the legal dispute has been resolved.”

Our strength is our community.

Page 38 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT Review of Request for Draft Plan Extension: Staff review of the Cranberry Cove Plan of Condominium indicates that the majority of conditions have been fulfilled. A report prepared by Forbes Simon, the former Manager of Development Services with South Frontenac, dated June 15, 2017, indicated to Council that most of the conditions had been satisfied. As with most developments, the majority of the conditions of draft plan approval are satisfied through the plan of condominium agreement. The Township prepared a condominium agreement and authorized the Mayor and Clerk to enter into the agreement with the Owner on June 20, 2017. At that time, there were still a few items outstanding in the draft condominium agreement that needed to be finalized before the Township could finalize the agreement and send a clearance letter to the County. Those items included the final approval of the Stormwater Management Brief from CRCA and establishing securities for Works to be undertaken within the plan of condominium. Due to these outstanding items in the condominium agreement, records indicate that the Township did not provide a clearance letter for final approval to the County in 2017. Recent staff review of the file and consultation with the County and Agencies determined that the CRCA review of the stormwater management brief was completed in October 2017. CRCA staff have provided updated language to be incorporated into the condominium agreement in order to clear their condition of draft plan approval. Based on the review of the CRCA comments the condominium agreement will need to be updated and brought back before South Frontenac Council before Magenta can enter into it. Staff have also communicated to the Project Manager that the estimate of Works needs to be provided to the Township for review and inclusion in the condominium agreement. Due to staff changes and changes in project managers, these changes are unable to occur prior to the lapsing period expiring on the current draft plan approval (July 16, 2019). As the majority of conditions have been fulfilled and the remaining outstanding conditions to be fulfilled are administrative and relatively minor in nature, it is recommended that Township Council recommend the County extend draft plan approval for Cranberry Cove Plan of Condominium for one year. This extension allows the project manager to work with Township staff to make the amendments to the condominium agreement and bring it back before Council in a reasonable timeframe. Next Steps The resolution of South Frontenac Council will be forwarded to the County Clerk for consideration at the June 19, 2019 County Council meeting where the application to extend draft plan approval for Johnston Point will be considered. FINANCIAL/STAFFING IMPLICATIONS: None ATTACHMENTS: Attachment 1: Location Map of Cranberry Cove Plan of Condominium Attachment 2: Draft Plan Conditions for Cranberry Cove – 10CD-2012-002 Submitted/approved by: Wayne Orr, Chief Administrative Officer Prepared by: Claire Dodds, Director of Development Services

Our strength is our community.

Location Map - Cranberry Cove Plan of Condominium

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Citations

3.6

WGS_1984_Web_Mercator_Auxiliary_Sphere © Latitude Geographics Group Ltd.

1.79

3.6 Kilometers

Notes

Page 39 of 116

1: 70,517

Page 40 of 116 Applicant/Agent: Gary Thomson File No.: 10CD-2012/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: Parts 1, 6 & 7 Plan 13R-8978, Except Parts 1-5, Plan 13R-18799, and Part 1, Plan 13R-19396, Part of Lot, Concession 10, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac

Owner: 1412713 Ontario Limited Date of Decision: July 16, 2014 Date of Notice: July 30, 2014 Last Date of Appeal: August 19, 2014

CONDITIONS TO APPROVAL The conditions of approval for the draft plan of condominium are as follows:

Approved Draft Plan: That this conditional approval applies to the Draft Plan of Vacant Land Condominium, dated 01/04/12, revised May 30, 2014 prepared and certified by Clancy and Hopkins Surveying Limited, OLS, which shows the following: • 13 units for single detached dwellings (Units 1-13); • 1 storage garage (Unit 14) • 1 parking area (Unit 15) • Three road blocks (Blocks 16-18) • One common element open space block (Block 19) • One easement block (Block 20) • Two 0.3 m reserves (Blocks 21 & 22)
Condominium Agreement: That the owners of the subject land enter into a plan of vacant land condominium agreement with the municipality, prepared to the satisfaction of the municipality, to be registered on title of the subject land.
Financial Requirements: A. That the owner agree in writing to satisfy all the requirements, financial and otherwise of the municipality concerning the provision/upgrading of roads, installation of services and drainage, in accordance with the municipality’s standards and procedures. B. That the Owner shall reimburse the Township of South Frontenac and County of Frontenac for all legal, engineering, planning, administrative expenses and permit fees including the cost of any peer review that the Township of South Frontenac or County of Frontenac may require in relation to the condominium.
Access A. That the road allowances included in this draft plan identified as Block 16 Common Element’, ‘Block 17 Common Element’ and ‘Block 18 Common Element’ shall be shown and constructed to Township standards for new private lanes. B. That a portion of Carrying Place Road from the existing fire hall on the road to the entranceway to the development (approximately 712 metres) be surface treated to the satisfaction of the Township. County of Frontenac File No. 10CD-2012/002 Cranberry Cove Draft Plan of Condominium Notice of Decision for Draft Approval – July 30, 2014 Page 4 of 10

Page 41 of 116 Applicant/Agent: Gary Thomson File No.: 10CD-2012/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: Parts 1, 6 & 7 Plan 13R-8978, Except Parts 1-5, Plan 13R-18799, and Part 1, Plan 13R-19396, Part of Lot, Concession 10, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac

Owner: 1412713 Ontario Limited Date of Decision: July 16, 2014 Date of Notice: July 30, 2014 Last Date of Appeal: August 19, 2014

C. That the new lanes identified as ‘Block 17 Common Element’ and Block 18 Common Element’ shall be named to the satisfaction of the municipality. D. That 0.3 metre reserves be identified by survey along the road allowance of Carrying Place Road where it abuts proposed units 6, 9, and 10 to be conveyed to and held in trust by the municipality for the purpose of denying additional access onto Carrying Place Road. E. That, prior to final approval, street signage shall be installed according to Township standards and to the satisfaction of the municipality. 5. Declaration, Easements and Joint Use Agreement A. That the easements referred to in the August 19, 2013 letter from Soloway Wright to the County of Frontenac be created within the declaration of a condominium, with the proposed additional access from the island located at Part 2, Plan 13R-8978 being subject to confirmation that the proposed easement is to the Township’s satisfaction B. That Cranberry Cove Lane be subject to a joint use agreement (or other similar legal agreement), to be registered on title, between the condominium corporation/declarant and the properties listed in the August 19, 2013 letter from Soloway Wright to the County of Frontenac to the satisfaction of the Township. 6. On-Site Sewage Disposal and Water Systems: A. That the recommendations outlined in the letter dated January 10, 2014 from KFL&A Public Health to the County of Frontenac, be addressed to the satisfaction of the municipality and KFL&A Public Health B. That all requirements and recommendations specified in the Hydrogeology, Terrain Analysis and Nitrate Impact Assessment Report, revised dated April 9, 2013, from Lissom Soil and Water Inc., and ‘Cranberry Cove Nitrate Attenuation Calculations’ from Greer Galloway Group Inc., dated November 12, 2013, and project letter dated March 15, 2014 and all associated drawings and peer review recommendations be complied with. C. That any existing wells and or septic systems that may be present on the site and are not to be used as part of the plan of condominium be decommissioned as per applicable regulations. 7. Environment A. That the recommendations of the Environmental Impact Statement (EIS) dated January 12, 2012 prepared by Ecological Services, be implemented including the requirement that all development be set back a minimum of 35 metres from the high water mark of Cranberry Lake and inland ponds. County of Frontenac File No. 10CD-2012/002 Cranberry Cove Draft Plan of Condominium Notice of Decision for Draft Approval – July 30, 2014 Page 5 of 10

Page 42 of 116 Applicant/Agent: Gary Thomson File No.: 10CD-2012/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: Parts 1, 6 & 7 Plan 13R-8978, Except Parts 1-5, Plan 13R-18799, and Part 1, Plan 13R-19396, Part of Lot, Concession 10, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac

Owner: 1412713 Ontario Limited Date of Decision: July 16, 2014 Date of Notice: July 30, 2014 Last Date of Appeal: August 19, 2014

B. That all conditions and issues outlined in the letters dated November 26, 2012, December 12, 2013, and July 14, 2014 from the Cataraqui Region Conservation Authority/Rideau Waterway Development Review Team to the County of Frontenac, be addressed to the satisfaction of the municipality and Rideau Waterway Development Review Team. C. That a practical building envelope in compliance with the Zoning By-law and EIS be identified to the Township’s satisfaction on Unit 2 D. That the area on ‘Block 19 Common Element’ near Unit 14 at the narrowest point between the lane and the water’s edge be vegetated with natural species of shrubs and trees as identified in the Township’s Site Plan Guidelines and to the satisfaction of the Township. E. That the Condominium Agreement include text to the satisfaction of the Township and the CRCA notifying the Owner that permission will be required under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses prior to commencing rough grading, stockpiling, road construction, etc. within 30 metres of the wetland, within 30 m of all watercourses and ponds and within 15 m of the 98.86 m GSC flood elevation on the subject property. F. That the Condominium Agreement include text to the satisfaction of the Township and the CRCA to provide notice to purchasers of Units 1 to 5 and 10 to 13 inclusive and Block 18 (based on May 30, 2014 Draft Plan revision) that site alteration and construction (including but not limited to buildings, structures, filling and grading) on these lots may require permission under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses prior to commencing these activities. G. That notice be provided to future purchasers advising them of any other applicable CRCA and Parks Canada regulations, and any other particular environmental restrictions on individual lots, in wording and in a manner to the satisfaction of the Rideau Waterway Development Team and the Township H. That an agreement be registered on the subject land applying to all of the proposed units to deal with setting out the municipality’s limited service policies to recognize that there is no commitment or requirement by the municipality to assume responsibility for ownership or maintenance of the private lanes within the plan. In addition, the agreement applying to Units 1-5 shall set out the municipality’s standard environmental protection policies requiring that the area within 35 metres of the highwater mark of the lake be maintained in a natural state for soil and vegetation.

County of Frontenac File No. 10CD-2012/002 Cranberry Cove Draft Plan of Condominium Notice of Decision for Draft Approval – July 30, 2014 Page 6 of 10

Page 43 of 116 Applicant/Agent: Gary Thomson File No.: 10CD-2012/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: Parts 1, 6 & 7 Plan 13R-8978, Except Parts 1-5, Plan 13R-18799, and Part 1, Plan 13R-19396, Part of Lot, Concession 10, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac

Owner: 1412713 Ontario Limited Date of Decision: July 16, 2014 Date of Notice: July 30, 2014 Last Date of Appeal: August 19, 2014

Stormwater A. That a lot grading and drainage plan and a sediment and erosion control plan be completed and approved to the satisfaction of the Township of South Frontenac and the Cataraqui Region Conservation Authority (‘CRCA’), and be included in the Condominium Agreement between the Owner and the Township. B. That a final stormwater management plan be prepared by a qualified Professional Engineer and approved to the satisfaction of the Township and the CRCA, and that appropriate text to implement its findings be included in the Condominium Agreement. C. That, prior to final approval, the Township shall be satisfied that all servicing issues are resolved such as lane construction; stormwater drainage, design, and maintenance; and the construction and design of ditches and culverts.
Parkland Dedication: That the owner convey up to five percent of the value of the land in the form of cash-in-lieu of parkland.
Human Remains: The condominium agreement shall contain a clause providing that any Owner(s) be advised, and also that a notice be placed in the purchase and sale agreement alerting any prospective purchasers that in the event that human remains are discovered during construction or site development of a lot, that the property owner shall immediately contact the OPP, the Ministry of Tourism, Culture and Sport and the Registrar or Deputy Registrar of the Cemeteries Unit of the Ministry of Consumer Services (or the applicable agencies at the time of final approval).
Archaeological Resources: A. That all recommendations of the Archaeological Assessment (Stage 1-2 & Stage 3) Report, dated June 4, 2010 by Adams Heritage and further revised May 2013 be implemented to the satisfaction of the Township. B. That if during the process of development any archaeological resources or human remains of Aboriginal interest are encountered, the Algonquins of Ontario Consultation Office will be contacted immediately at: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke, Ontario K8A 8R6 Telephone: (613) 735-3759 County of Frontenac File No. 10CD-2012/002 Cranberry Cove Draft Plan of Condominium Notice of Decision for Draft Approval – July 30, 2014 Page 7 of 10

Page 44 of 116 Applicant/Agent: Gary Thomson File No.: 10CD-2012/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: Parts 1, 6 & 7 Plan 13R-8978, Except Parts 1-5, Plan 13R-18799, and Part 1, Plan 13R-19396, Part of Lot, Concession 10, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac

Owner: 1412713 Ontario Limited Date of Decision: July 16, 2014 Date of Notice: July 30, 2014 Last Date of Appeal: August 19, 2014

Fax: (613) 735-6307 email: algonquins@nrtco.net 12. Utilities and On-Site Works A. That a garbage pick-up area be included on the plan at a location near Carrying Place Road and to the satisfaction of the Township. B. That an easement be included and a dry fire hydrant shall be constructed at a location to be determined to provide for a Dry Hydrant - this hydrant and the access to it shall be left unobstructed and accessed by the Township for inspection anytime year round and shall be maintained 100 percent, twelve months per year by the Corporation which requirement shall be incorporated into the final condominium agreement. Construction of the hydrant and all maintenance costs shall be borne by the developer/condominium corporation and shall be to the satisfaction of the Township C. That, subject to the requirements of Canada Post, any mail boxes shall be placed at a location near the entrance to the development near Carrying Place Road and to the satisfaction of the Township. D. That prior to final approval, the Owner satisfy the Township that public utilities, including without limitation Bell Canada, Hydro One, etc., are adequate to service the proposed development. E. That, prior to final approval, street lighting shall be installed at the entrance to the development at Carrying Place Road such lighting to also illuminate any garbage pick-up area and mail box location. 13. Revisions to Draft Plan: A. That Prior to Final Condominium Approval, the Owner shall submit a revised Block Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval. B. That where final engineering design(s) result in minor variations to the Plan (e.g., in the configuration of lots, etc.), these may be reflected in the Final Plan subject to the satisfaction of the Township of South Frontenac and the County of Frontenac. 14. General conditions: A. That when requesting final Approval from the County of Frontenac, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor’s certificate stating that the lots/blocks thereon conform to the frontage and area requirements of the Zoning By-Law.

County of Frontenac File No. 10CD-2012/002 Cranberry Cove Draft Plan of Condominium Notice of Decision for Draft Approval – July 30, 2014 Page 8 of 10

Page 45 of 116 Applicant/Agent: Gary Thomson File No.: 10CD-2012/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: Parts 1, 6 & 7 Plan 13R-8978, Except Parts 1-5, Plan 13R-18799, and Part 1, Plan 13R-19396, Part of Lot, Concession 10, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac

Owner: 1412713 Ontario Limited Date of Decision: July 16, 2014 Date of Notice: July 30, 2014 Last Date of Appeal: August 19, 2014

B. That prior to final approval, the County of Frontenac is to be advised by the municipality that this proposed subdivision conforms to the Zoning By-law in effect of the Township of South Frontenac including that the zoning is satisfactory to the Cataraqui Region Conservation Authority. C. That the Owner submit a draft Vacant Land Condominium Declaration for approval by the Township and County to ensure all conditions of approval will be satisfied 15. Clearance Letters: A. That Prior to Final Condominium Approval, the County of Frontenac shall be advised that all Conditions of Draft Plan Approval have been satisfied; the clearance memorandum shall include a brief statement detailing how each Condition has been met. B. That Prior to Final Condominium Approval, the County is to be advised in writing by the Township of South Frontenac the method by which conditions 1 to 14 have been satisfied. C. That Prior to Final Condominium Approval, the County is to be advised in writing by KFL&A Public Health the method by which condition 6A has been satisfied. D. That Prior to Final Condominium Approval, the County is to be advised in writing by the Cataraqui Region Conservation Authority/Rideau Waterway Development Review Team the method by which conditions 7 and 8 have been satisfied. 16. Lapsing Provisions: A. That pursuant to Section 51(32) of the Planning Act, this Draft Plan Approval shall lapse at the expiration of three (3) years from the date of issuance of Draft Plan Approval if final approval has not been given, unless an extension is requested by the Owner and, subject to review, granted by the approval authority. B. That pursuant to Section 51(33) of the Planning Act, the Owner may submit a request to the approval authority for an extension of the Draft Plan Approval. The extension period shall be for a maximum of three (3) years and must be submitted prior to the lapsing of Draft Plan Approval. Further extensions may be considered at the discretion of the Township and the County.

County of Frontenac File No. 10CD-2012/002 Cranberry Cove Draft Plan of Condominium Notice of Decision for Draft Approval – July 30, 2014 Page 9 of 10

Page 46 of 116 Applicant/Agent: Gary Thomson File No.: 10CD-2012/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: Parts 1, 6 & 7 Plan 13R-8978, Except Parts 1-5, Plan 13R-18799, and Part 1, Plan 13R-19396, Part of Lot, Concession 10, Geographic Township of Pittsburgh, Township of South Frontenac, County of Frontenac

Owner: 1412713 Ontario Limited Date of Decision: July 16, 2014 Date of Notice: July 30, 2014 Last Date of Appeal: August 19, 2014

NOTES TO DRAFT APPROVAL

It is the applicant’s responsibility to fulfill the foregoing Conditions of Draft Plan Approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the County of Frontenac.
When requesting Final Approval, the applicant will submit an account of how each Condition of Draft Approval has been satisfied along with the appropriate clearance letter from the Agency, Ministry or body requesting the condition.
Prior to Final Condominium Approval, the applicant shall submit to the County of Frontenac for review draft digital copies of all applicable Reference Plans, Surveys and, the M-Plan.
When requesting final approval, such a request must be directed to the Clerk, and be accompanied with: Five (5) mylars and five (5) paper prints of the completed Final M-Plan; Four (4) copies of all Reference Plans and (4) copies of all Conveyance Documents for all easements and lands being conveyed to the Municipality; A copy of the condominium agreement and the condominium declaration A Surveyor’s Certificate to the effect that the lots and blocks on the Plan conform to the Zoning By-Law with respect to lot area and lot frontage; A digital file in AutoCad format; and, An application fee in accordance with the County’s applicable fee by-law.
All measurements in condominium final plans must be presented in metric units.
The Final Plan approved by the County of Frontenac must be registered within thirty (30) days or the County of Frontenac may, under Subsection 51(59) of the Planning Act, withdraw it approval.
Clearances are required from the following agencies: • • •

Township of South Frontenac KFL&A Public Health Cataraqui Region Conservation Authority/Rideau Waterway Development Team

County of Frontenac File No. 10CD-2012/002 Cranberry Cove Draft Plan of Condominium Notice of Decision for Draft Approval – July 30, 2014 Page 10 of 10

Page 47 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE: REPORT DATE:

June 4, 2019 May 30, 2019

SUBJECT:

Application for Extension of Draft Plan Approval for the Ouellette Plan of Subdivision 10CD-2011/002 Owner: Roberta Ouellette Applicant: Mike Keene, FOTENN Consultants Planning Consultant: Mike Keene, FOTENN Consultants

RECOMMENDATION: THAT South Frontenac Council recommend the County of Frontenac extend draft plan approval for a period of one year for application 10T-2011/002, subject to the conditions approved by County Council on July 17, 2013 and direct the Clerk to forward this resolution to the County Clerk. BACKGROUND: The Township received notice on May 27, 2019 that the County of Frontenac has received an application to extend draft plan approval for the Ouellette Plan of Subdivision at 2292 Sands Road in Battersea (10T-2011/002). The County has the full responsibility/authority to make the decision regarding the extension of draft plan approval. Township Council has the opportunity to provide a recommendation to County Council regarding the extension of draft plan approval. The Ouellette Plan of Subdivision is due to lapse on July 17, 2019. Ouellette Plan of Subdivision received draft plan approval from the County in 2013 and had a one year extension to draft plan approval granted in 2016, 2017, and 2018. Reason for Draft Plan Extension: Under the Planning Act, the Owner has the right to apply to the approval authority, in this instance the County of Frontenac, to extend draft plan approval. The reason stated on the application as to why draft plan extension is required is outlined below: “Since obtaining draft subdivision approval, one of the two owners, Roger Ouellette, regrettably passed away. His wife, Roberta Ouellette, is not in a position to satisfy draft conditions and is therefore attempting to sell the lands. A one year extension was granted in 2016, 2017 and again in 2018; however, Ms. Ouellette has not been successful in selling the property. An additional one year extension is being requested to allow the owner to sell the lands before draft plan approval expires.” The application notes that this Plan of Subdivision is located within a settlement area where development is most desired from a planning perspective.

Our strength is our community.

Page 48 of 116

REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT Review of Request for Draft Plan Extension: Staff have no concerns with the County granting a further one year extension to draft plan approval to allow Mrs. Ouellette the opportunity to sell the property located at 2292 Sands Road with the draft plan approval in place. Next Steps The resolution of South Frontenac Council will be forwarded to the County Clerk for consideration at the June 19, 2019 County Council meeting where the application to extend draft plan approval for Johnston Point will be considered. FINANCIAL/STAFFING IMPLICATIONS: None ATTACHMENTS: Attachment 1: Location Map of Ouellette Plan of Subdivision Attachment 2: Draft Plan Conditions for Ouellette Plan of Subdivision 10T-2011/002 Submitted/approved by: Wayne Orr, Chief Administrative Officer Prepared by: Claire Dodds, Director of Development Services

Our strength is our community.

Location Map - Ouellette Plan of Subdivision

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Citations

1.8

WGS_1984_Web_Mercator_Auxiliary_Sphere © Latitude Geographics Group Ltd.

0.90

1.8 Kilometers

Notes

Page 49 of 116

1: 35,259

Page 50 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

NOTICE OF DECISION THE CORPORATION OF THE COUNTY OF FRONTENAC with respect to an Application for Approval of Draft Plan of Subdivision Subsection 51(37) of the Planning Act

TAKE NOTICE that the Council of The Corporation of the County of Frontenac approved a Draft Plan of Subdivision Application, in respect of the subject lands noted above, on July 17, 2013, under Section 51 of the Planning Act, R.S.O. 1990, as amended. When and How to File an Appeal Notice to Appeal the Decision to the Ontario Municipal Board must be filed with the Clerk of the County of Frontenac no later than August 8, 2013 as shown above as the Last Date of Appeal. An appeal form is available from the County office or the OMB website. The notice of appeal should be sent to the attention of the Clerk, and it must:

Set out the reasons for the appeal,
Indicate the name and address of the appellant;
Be sent to the address shown below, and
Be accompanied by a fee payment in the amount of $125.00 payable by certified cheque or money order to the Minister of Finance, Province of Ontario. Who Can File an Appeal At any time before the approval of the final plan of subdivision, the following may appeal any of the conditions imposed by the County of Frontenac to the Ontario Municipal Board by filing a notice of appeal with the Clerk of the County of Frontenac: (i) the applicant; (ii) any public body that, before the approval authority made its decision, made oral submission at a public meeting or written submission to the approval authority; (iii) the Minister; or (iv) the Municipality in which the subject land is located may. i. Only individuals, corporations or public bodies may appeal the Decision of the Council of The Corporation of the County of Frontenac in respect of the proposed plan of subdivision to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. ii. No person or public body shall be added as a party to the hearing of the appeal of the Decision of the Council of The Corporation of the County of Frontenac, including the lapsing provisions or the conditions, unless the person or public body, before the Decision of the Council of The Corporation of the County of Frontenac, made oral submissions at a public County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 1 of 10

Page 51 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

meeting or written submissions to the Council or, in the Ontario Municipal Board’s opinion, there are reasonable grounds to add the person or public body as a party. How to Receive Notice of Changed Conditions The conditions of an approval of Draft Plan of Subdivision may be changed at any time before the Final Approval is given. i.

You will be entitled to receive notice of any changes to the conditions of approval of the proposed plan of subdivision if you have made a written request to be notified of changes to the conditions.

ii. No person or public body shall be added as a party to the hearing of an appeal regarding any changes to the conditions of approval unless the person or public body, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority, or made a written request to be notified of the changes to the conditions. Additional Information Additional Information about the application is available for public inspection during regular office hours at the County of Frontenac office by contacting: Peter Young, Community Planner County of Frontenac 2069 Battersea Road, Glenburnie, ON K0H 1S0 or phone (613) 548-9400 during regular business hours. Mailing Address for Filing a Notice of Appeal The appeal must be sent to: K. Elizabeth Savill, CAO/Clerk County of Frontenac 2069 Battersea Road, Glenburnie, ON K0H 1S0 Tel: (613) 548-9400 Fax: (613) 548-8460

County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 2 of 10

Page 52 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

CONDITIONS TO DRAFT APPROVAL The conditions of approval for the draft plan of subdivision are as follows:

Approved Draft Plan: That this conditional approval applies to the Draft Plan of Subdivision, dated April 26, 2013, prepared and certified by Hopkins, Cormier, and Chitty Surveying Consultants Inc OLS. which shows the following: 15 lots for single detached dwellings (Lots 1-15); Two stormwater blocks (Blocks 16 and 17) 1 block for an existing single detached dwelling (Block 18) One public road (Street A) One future road allowance (Street B)
Subdivision Agreement: That the owners of the subject land enter into a subdivision agreement with the municipality, prepared to the satisfaction of the municipality, to be registered on title of the subject land.
Financial Requirements: A. That the owner agree in writing to satisfy all the requirements, financial and otherwise of the municipality concerning the provision of roads, installation of services and drainage, in accordance with the municipality’s standards and procedures. B. That the Owner shall reimburse the Township of South Frontenac and County of Frontenac for all legal, engineering, planning, administrative expenses and permit fees including the cost of any peer review that the Township of South Frontenac or County of Frontenac may require in relation to the subdivision.
Access: A. That the road allowance included in this draft plan as ‘Street A’ shall be shown and constructed to Township standards for public roads with paved asphalt surfacing and that the road be dedicated as a public highway. B. That visual screening in the form of fencing and/or earthen berms and/or trees may be required to be constructed along the east and west side of the new road allowance where it abuts the existing neighbouring property and Lot 15 at Sands Road. After final grading of the new road is completed, the Township will determine the extent of buffering required based on providing an adequate measure of privacy for Lot 15 and the existing property-owner who could be negatively affected by the traffic on the new street. C. That the street shall be named to the satisfaction of the municipality. D. That any dead ends and open sides of road allowance created by this plan of subdivision shall be terminated in 0.3 metre reserves to be conveyed to and held County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 3 of 10

Page 53 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

in trust by the municipality and that ‘Street B’ which is a 20 metre wide area of land, be dedicated to the Township extending north from the new street and ending at the northern limit of the subject land to be for the purpose of providing a future road access to the north. E. That a 1.5 metre wide concrete sidewalk be constructed to a standard satisfactory to the Township along the southeast side of the road allowance from Sands Road in the south and terminating at the cul-de-sac in the north and that the technical drawings prepared by EXP services Inc. be revised to show this sidewalk in relation to ditching and stormwater flows. The Township acknowledges that the 20 metre wide road allowance may be required to be further widened to accommodate this construction. 5. On-Site Sewage Disposal and Water Systems: A. That the recommendations outlined in the letter dated November 14, 2012 and July 5, 2013 from KFL&A Public Health to the County of Frontenac, be addressed to the satisfaction of the municipality. B. That all requirements and recommendations specified in the Hydrogeology, Terrain Analysis and Nitrate Impact Assessment Report, revised dated April 9, 2013, from EXP Services Inc., and associated drawings be complied with. C. That any existing wells and or septic systems that may be present on the site and are not to be used as part of the plan of subdivision be decommissioned as per applicable regulations. 6. Environment A. That all conditions outlined in the letters dated October 29, 2012 and May 29, 2013 from the Cataraqui Region Conservation Authority to the County of Frontenac, be addressed to the satisfaction of the municipality. B. That the 30 metre setback from the wetland as illustrated by a grey dashed line on the ‘Site and Existing Conditions Plan C-01’, by EXP Services Inc, revision date 13/04/17, be identified on Lots 6 through 14 with a line of shrubs with a minimum height of 0.5 metres to be installed by the developer and maintained by each future Lot-owner for the purpose of defining a no-build area on each of these lots. C. That a development agreement be entered into and registered on the title of Lots 6 through 14 which would require each Lot-owner to maintain a line of shrubs defining the 30 metre setback from the wetland and which would impose prohibitions on development within the area of each Lot that lies within the 30 metre setback from the wetland in accordance with the recommendations of the Environmental Impact Statement, dated March 5, 2011, from Ecological Services, and the Township’s environmental protection policies. D. That recommendation number two of the EIS (Ecological Services, March 5, 2011) regarding the maintenance of a 15 m no disturbance area adjacent to the

County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 4 of 10

Page 54 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

swamp areas be implemented through site plan control, development agreements, or other such means as deemed appropriate by the Township. E. That prior to final approval, the County of Frontenac is to be advised by the municipality that this proposed subdivision conforms to the Zoning By-law in effect of the Township of South Frontenac including that the wetland within Lots 6 through 14 be zoned Environmental Protection (EP) Zone and that the zoning is satisfactory to the Cataraqui Region Conservation Authority. F. That the recommendations of the Environmental Impact Statement (EIS) dated March 5, 2011, be implemented including the recommendation to complete a ‘Woodland Preservation Plan’ prepared by a qualified professional to maintain the ecological integrity of the woodlands on the high-ground in the northwest portion of the property and to ensure that it is not fragmented in accordance with the specifications presented in the EIS. G. That the recommendations of the ‘Woodland Preservation Plan’ for preserving the woodlands on the high ground on the northwest portion of the subdivision be incorporated into an agreement to be entered into and registered on the title of Lots 2 through 7. The agreement shall require each Lot-owner to maintain the trees as specified in the Plan. H. That the Subdivision Agreement include text to the satisfaction of the Township and the CRCA to provide notice to purchasers of Lots 5 to 14 inclusive and Blocks 16 and 17 that site alteration and construction (including but not limited to buildings, structures, filling and grading) on these lots will require permission under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses prior to commencing these activities. I. That the Subdivision Agreement include text to the satisfaction of the Township and the CRCA notifying the Owner that permission will be required under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses prior to commencing rough grading, stockpiling, etc. associated with this subdivision. 7. Stormwater A. That a lot grading and drainage plan and a sediment and erosion control plan be completed and approved to the satisfaction of the Township of South Frontenac and the Cataraqui Region Conservation Authority (‘CRCA’), and be included in the Subdivision Agreement between the Owner and the Township. B. That a stormwater management plan be prepared by a qualified Professional Engineer and approved to the satisfaction of the Township and the CRCA, and that appropriate text to implement its findings be included in the Subdivision Agreement. C. That site drainage design, construction and maintenance be in accordance with the recommendations contained in the ‘Stormwater Management Report for the Sands Road Residential Development’, revised dated April, 2013 by EXP Services Inc., and associated drawings including the construction of ditches, County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 5 of 10

Page 55 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

culverts and stormwater management facilities designed and constructed to the satisfaction of the municipality on Blocks ‘16’ and ‘17’ and that such facilities be dedicated to the Township of South Frontenac. D. That the blocks to be dedicated to the Township for the two stormwater management ponds be designed with a minimum of 10 metres of frontage on the new street to provide direct access for drainage and maintenance of the stormwater management facilities. 8. Parkland Dedication: That the owner convey up to five percent of the land included in the plan to the municipality for park purposes. Alternatively, the municipality may require cash-inlieu for all or a portion of the conveyance. 9. Human Remains: The subdivision agreement shall contain a clause providing that any Owner(s) be advised, and also that a notice be placed in the purchase and sale agreement alerting any prospective purchasers that in the event that human remains are discovered during construction or site development of a lot, that the property owner shall immediately contact the OPP, the Ministry of Tourism, Culture and Sport and the Registrar or Deputy Registrar of the Cemeteries Unit of the Ministry of Consumer Services. 10. Archaeological Resources: A. That the subdivision agreement include all recommendations contained in the Stage 1 Archaeological Assessment Report dated June 2011, from Golder Associates Ltd. B. That the archaeological resource identified in the Stage 2 Archaeological Assessment Report, dated October 11, 2011 by Abacus Archaeological Services on Lot 4 in the subdivision and further noted in the letter dated October 10, 2012 from the Ministry of Tourism, Culture and Sport, be protected by way of special zoning on Lot 4 and that any required future measures to protect the feature be implemented to the satisfaction of the Township. 11. On-Site Works A. That all entrances to the lots including entrance culverts be located and constructed to the satisfaction of the Township. B. That all servicing including Bell, Hydro etc. be installed underground. C. That, prior to final approval, the municipality shall be satisfied that all servicing issues are resolved such as road and sidewalk construction, Canada Post, Bell Canada, and stormwater pond construction. D. That, the subdivision agreement include a requirement that one tree be planted in the front yard of each of the fifteen lots in the subdivision of a size, type and location specified in the Township’s Site Plan Guidelines. County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 6 of 10

Page 56 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

E. That, prior to final approval, street lighting shall be installed according to Township standards and to the satisfaction of the municipality. F. That, prior to final approval, street signage shall be installed according to Township standards and to the satisfaction of the municipality. 12. Revisions to Draft Plan: A. That Prior to Final Subdivision Approval, the Owner shall submit a revised Block Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval. B. That where final engineering design(s) result in minor variations to the Plan (e.g., in the configuration of lots, etc.), these may be reflected in the Final Plan subject to the satisfaction of the Township of South Frontenac and the County of Frontenac. 13. Community Mailboxes: A. That Prior to Final Plan Approval, the Owner shall, in consultation with and to the satisfaction of Canada Post, identify the method of mail delivery. If community mailboxes are required, the location of the community mailboxes within the Plan shall be identified on drawings for approval by the Township. The locations of these community mailboxes shall be identified in the notice to future purchasers of the lots within the Subdivision. B. The Owner shall, if required, provide detailed design plans for the community mailboxes including a landscape plan. C. If required, the Owner shall provide a suitable temporary community mailbox location to the satisfaction of the Township. 14. Bell Canada A. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the Municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services).

County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 7 of 10

Page 57 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

B. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. C. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality, and if no such conditions are imposed the owner shall advise the municipality of the arrangement made for such servicing. 15. General conditions: A. That when requesting final Approval from the County of Frontenac, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor’s certificate stating that the lots/blocks thereon conform to the frontage and area requirements of the Zoning By-Law. B. That the lands within this Draft Plan shall be appropriately zoned by a Zoning ByLaw which has come into effect in accordance with the provisions of the Planning Act. 16. Clearance Letters: A. That Prior to Final Subdivision Approval, the County of Frontenac shall be advised that all Conditions of Draft Plan Approval have been satisfied; the clearance memorandum shall include a brief statement detailing how each Condition has been met. B. That Prior to Final Subdivision Approval, the County is to be advised in writing by the Township of South Frontenac the method by which conditions 1 to 15 have been satisfied. C. That Prior to Final Subdivision Approval, the County is to be advised in writing by KFL&A Public Health the method by which conditions 5 A and B have been satisfied. D. That Prior to Final Subdivision Approval, the County is to be advised in writing by the Cataraqui Region Conservation Authority the method by which conditions 6) and 7) A to C have been satisfied. E. That Prior to Final Subdivision Approval, the County is to be advised in writing by Canada Post the method by which condition 13 has been satisfied. F. That Prior to Final Subdivision Approval, the County is to be advised in writing by Bell Canada the method by which condition 14 has been satisfied. 17. Lapsing Provisions: A. That pursuant to Section 51(32) of the Planning Act, this Draft Plan Approval shall lapse at the expiration of three (3) years from the date of issuance of Draft County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 8 of 10

Page 58 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

Plan Approval if final approval has not been given, unless an extension is requested by the Owner and, subject to review, granted by the approval authority. B. That pursuant to Section 51(33) of the Planning Act, the Owner may submit a request to the approval authority for an extension of the Draft Plan Approval. The extension period shall be for a maximum of three (3) years and must be submitted prior to the lapsing of Draft Plan Approval. Further extensions may be considered at the discretion of the Township and the County.

County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 9 of 10

Page 59 of 116 Applicant/Agent: FoTenn Consultants Inc. File No.: 10T-2008/002 Municipality: Township of South Frontenac, County of Frontenac Subject Lands: 2292 Sands Road, Battersea

Owner: Roger and Roberta Ouellette Date of Decision: July 17, 2013 Date of Notice: July 19, 2013 Last Date of Appeal: August 8, 2013

NOTES TO DRAFT APPROVAL

It is the applicant’s responsibility to fulfill the foregoing Conditions of Draft Plan Approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the County of Frontenac.
When requesting Final Approval, the applicant will submit an account of how each Condition of Draft Approval has been satisfied along with the appropriate clearance letter from the Agency, Ministry or body requesting the condition.
Prior to Final Subdivision Approval, the applicant shall submit to the County of Frontenac for review four (4) draft copies of all Reference Plans and Surveys and three (3) draft copies of the Final M-Plan.
When requesting final approval, such a request must be directed to the Deputy Clerk, and be accompanied with: Eight (8) mylars and four (4) paper prints of the completed Final M-Plan; Four (4) copies of all Reference Plans and (4) copies of all Conveyance Documents for all easements and lands being conveyed to the Municipality; and, A Surveyor’s Certificate to the effect that the lots and blocks on the Plan conform to the Zoning By-Law with respect to lot area and lot frontage. A digital file in AutoCad format.
All measurements in subdivision final plans must be presented in metric units.
The Final Plan approved by the County of Frontenac must be registered within thirty (30) days or the County of Frontenac may, under Subsection 51(59) of the Planning Act, withdraw it approval.
Clearances are required from the following agencies: Township of South Frontenac KFL&A Public Health Cataraqui Region Conservation Authority Canada Post Bell Canada

County of Frontenac File No. 10T-2008/002 – 2292 Sands Road Draft Plan of Subdivision Notice of Decision for Draft Approval – July 19, 2013 Page 10 of 10

Page 60 of 116

Report to Council OFFICE OF C.A.O.

AGENDA DATE:

June 4, 2019

SUBJECT:

Premier’s Letter to Heads of Council

RECOMMENDATION: OPEN BACKGROUND: Later in the June 4 Agenda, Council will find a letter from the Premier of Ontario received electronically on May 27. Beyond granting a reprieve on the in-year retroactive funding cuts previously announced, this letter suggests that municipal governments, as partners with the Province, should work together to find efficiencies to transform critical services. Furthermore the Province has given municipalities money to help modernize and find savings. I do not believe for a moment that South Frontenac is wasteful or over staffed. Rather we deliver exceptional services with the resources we have and have taken steps towards being self-sufficient rather than relying upon grants in order to meet expectations. I do acknowledge that there could be different processes, but caution that they may come at a cost to service delivery, access to services and programs or staff morale and retention. Efforts to identify potential efficiencies and / or savings are best focused on the big picture items rather than looking at how much is spent on office supplies, how many paint brushes we buy a year or how much we pay for rust proofing etc. For example at a local level: 

   

  

Council could set policy on standards for facilities and parks. Is staff time, contract and capital dollars best spent on maintaining facilities in close proximity to each other? For example Fermoy and Glendower Halls or ball fields at Wilmer and Sydenham or soccer pitches in Verona and Harrowsmith. Are better decisions made and staff time best utilized with the structures we have put in place. For example four District Recreation Committees as well as a Central Committee. Is there a better way to achieve the level of service we have set for winter control that meets the competing demands for clear roads and minimum impact on the surrounding environment? Is our procurement bylaw causing wasted staff time in preparing and processing RFP/RFQs given the relatively low thresholds? Is the information we obtain by tracking all costs to a facility, vehicle or road out strip the benefits of the time needed to record and enter the information? Could an electronic card swipe process simplify the process? Would we lose the information we need to make better decisions? Is the sub-committee structure (PSC/DSC/CSC) along with COW and Council duplicating work for staff and consuming time that could be spent on front line service? Do we get better outcomes and more timely decisions as a result? Should we be going above the legislative requirements for consultation? Is this the best use of resources? Is Council too large? What about Committee of Adjustment?

Our strength is our community.

Page 61 of 116

Report to Council OFFICE OF C.A.O.

 

Does the Township need to be a landlord in Seniors Housing if we are looking at offering units at market rents? Will the market place take care of this? Are we recovering enough for our facility rentals? For swim and day camp programs? For photocopies, severance applications, tax certificates, entrance permits, pool fences, dog tags etc.…. do we nickel and dime our residents with fees or provide services through property taxes? Do we need to own and maintain a medical facility in Verona when the marketplace built a new one in Sydenham? Do we need to spend more up front in planning and designing projects with the hope that this will lead to more predictable project delivery? Will this always lead to savings?

If Council wants to go down this road they have to be prepared to take the time to consider all facets and then make difficult decisions that will have ramifications on service. The Strategic Planning process needs to firmly and clearly establish the priorities of Council and the principles that will be the basis for future decision making.

FINANCIAL / STAFFING IMPLICATIONS

ATTACHMENTS:

Submitted/approved by:

Prepared by:

Wayne Orr, CAO

Our strength is our community.

Page 62 of 116

BELLROCK HALL MEETING APRIL 17, 2019 Present: Gina Ritchie, Cynthia Champman, Terry Sauve, Ray Leonard, Debbie Twiddy. Treasurer: No new information at this point. Some significant donations this month from various events. No major expenses, just the usual. Report to be submitted next month. Minutes Mar 21, 2019: Reviewed via email, approved by Debbie/Cynthia. Old Business: Hall Insulation, lights: Lights received, ready to be installed. Terry still waiting to hear from Kevin Smith. Probably when weather improves. Water testing: Water is to be tested March 27. And failded. Terry retested April 3 and it passed.

Upcoming fund‐raisers/community events: Authors’ night—Celine not here to report Terry’s Band (Porch Pilots): Cynthia will look into LLBO application. Hasn’t yet applied for it yet. Date set for Saturday June 22nd , 7pm to 11 pm. Fish Fry: Terry contacted Muddy Waters. They are interested in doing something for us. Menu choice could be wings instead; approved. Terry to get a price structure from Denise. Variety Show: Drummers/Choir/Harpist/Flute trio. Debbie has contacted them again for a fall concert. All have replied and are interested. October date to be determined. Paint night: Cynthia still hasn’t heard back. Terry may get some info from another paint‐ night organiser. Possibly combine with alcohol service….. S. Frontentac grant application (due date Apr 15)—Internet access, composters and community gardens. Celine has submitted the grant application for all of these projects. Total of $2500 requested. Many thanks to Celine for the considerable amount of work researching and submitting this application.

New Business:. Repair Cafe: Approved to accept freewill offering split 50/50 with the Repair Cafe association. Posters, FaceBook, newspapers, websites—after we get details we can do some advertising. Maybe serving snacks, drinks as extra fund‐raiser effort (for the hall only).

UPCOMING BOOKINGS: Apr 20 Rental (Laurie Howes) Apr 27 Rental (bridal shower) May 11 Bridal shower May 24 weekend Sparks. June 22 Dance and Concert with the Porch Pilots June 23 Repair cafe Next meeting date: May 16, 2019.

Page 63 of 116 Minutes of Development Services April, 29, 2019 Time: 8:30 AM Location: Council Chambers

Present: Chair Councillor Sutherland, Councillor Norm Roberts, Councillor Randy Ruttan, Mayor Ron Vandewal Staff: Claire Dodds, Director of Development Services, Wayne Orr, Chief Administrative Officer, Angela Maddocks, Clerk, Mark Segsworth, Director of Public Services 1.

Call to Order

The Chair, Councillor Ross Sutherland, called the meeting to order at 8:30 am.

Declaration of pecuniary interest and the general nature thereof

There were no declarations.

Approval of Minutes

March 25, 2019 Resolution No. DSC-2019-04/29-01 Moved by Councillor Roberts Seconded by Mayor Vandewal That the minutes of the March 25, 2019 Development Services meeting be approved. Carried

Business Arising from the Minutes - n/a

New Business

Development Charges - Draft Local Service Policy Claire Dodds provided an overview on the draft “Local Service Policy” that is written to accommodate for forms of development that may not yet be present in the township in order to be flexible to accommodate future growth. With the implementation of Bill 73 in 2017, it is now more important to have a policy that delineates the costs that developers will bare as part of the development process. Such a policy considers items such as collector and arterial roads, intersection improvement and traffic signals, streetlights and sidewalks, noise abatement measures, land dedications/easements, natural heritage features and servicing and stormwater. Councillor Sutherland asked if a Transportation Master Plan would help with identifying where additional capacity is required. The Committee questioned whether there would be a distinction in the policy between development in the hamlets and outside of hamlets. Claire Dodds confirmed that the wording would be generic enough to cover both. Concerns were discussed about street lighting requirements as there has not been a consistency in subdivision agreements specifically and it is recognized that this needs to be included in future agreements. Consideration to “light

Page 64 of 116 Minutes of Development Services April, 29, 2019 pollution” is also important. It was clarified that the Development Charge fee itself is a flat rate and is not connected to the value of construction. With regard to the parkland development section, Mayor Vandewal questioned who would be paying for playground structures and would there be a minimum standard requirement. This should also be defined in subdivision agreements going forward. In Section 1.7, Natural Heritage System, it was noted that staff are looking into options for tree planting. Rideau Valley Conservation Authority has a great planting program in place. The Committee was supportive of the draft policy and including it as an appendix in the updated Development Charges By-law. b)

Lot Grading & Drainage for New Lots Created by Severance Currently there is no professional review of lot grading when new lots are created which creates some liability for the township. There are not staffing resources to address lot grading and drainage and by having this requirement built into the consent approval process it protects the future homeowners from potential flood damage. Resolution No. DSC-2019-04/29-02 Moved by Councillor Ruttan Seconded by Councillor Roberts That the Development Services Committee recommend to Council that the Committee of Adjustment impose conditions requiring the preparation of lot grading and drainage plans, and related agreements, for the creation of new lots and to direct staff to contract services of an engineering firm to peer review the grading plans for the purpose of clearing conditions. Carried

Subdivision Agreement Compliance The committee discussed the need to provide the tools and compliance deadlines to ensure that staff have clout to enforce subdivision compliance. Concerns were expressed about developers who haven’t dealt with all the terms of an existing subdivision but move onto new development projects. Council is aware of the public frustration with developers who do not complete all of the criteria set out in subdivision agreements. The benefit of contracted staff versus a full time engineer was discussed and the consensus was that staff would assess and review the associated costs at budget time. Resolution No. DSC-2019-04/29-03 Moved by Councillor Ruttan Seconded by Mayor Vandewal That the Development Services Committee recommend to Council that Development Services staff work through Public Services to contract a professional engineering firm in accordance with the Township procurement policy, that can assist with providing short term and on-going engineering services to support Township staff with subdivision and condominium compliance. Carried

Next Meeting: May 27, 2019

Adjournment

Page 2 of 3

Page 65 of 116 Minutes of Development Services April, 29, 2019 a)

Motion Resolution No. DSC-2019-04/29-04 Moved by Councillor Ruttan Seconded by Councillor Roberts That the Development Services Committee meeting be adjourned at 10:00 a.m. Carried

Page 3 of 3

Page 66 of 116

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2019-30 Being a by-law to amend By-law 2003-75, as amended, to rezone land from Rural (RU) Zone, Limited Services Residential (RLS) Zone and Limited Services Residential – Waterfront (RLSW) Zone to the Waterfront Residential (RW) Zone, Part Lot 23 & 24, Concession 7, District of Bedford, Fanning (Capes) WHEREAS pursuant to the provisions of the Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac by its Council, hereby enacts as follows: 1.

This by-law shall apply to the severed lands being a lot addition created through consent application S-90-18-B and the retained lands at 184 Burridge Road. The lands are located in Part Lot 23 & 24, Concession 7, District of Bedford, Township of South Frontenac, municipally known as 184 Burridge Road.

That Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) Zone, Limited Services Residential (RLS) Zone and Limited Services Residential – Waterfront (RLSW) Zone to the Residential Waterfront (RW) Zone for those lands shown on the attached map designated as Schedule “1”.

This By-law shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said section 34. Dated at the Township of South Frontenac this 4th day of June, 2019. Read a first and second time this 21st day of May, 2019. Read a third time and finally passed this 4th day of June, 2019. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

Angela Maddocks, Clerk

Page 67 of 116 Schedule 1

This is Schedule “1” to By-law No. 2019-30 Passed this 4th day of June, 2019 JUNEOR________________________________________________ CLERK____________________________________________ ____

Page 68 of 116

Payment Listing For the period of May 22, 2019 to June 4, 2019

Accounts Payable Payment Listing:

305,851.87 For the period of May 22, 2019 to June 4, 2019

Payroll Payment Listing: Pay Period #19-11

Pay date May 22, 2019

99,852.25

For the period of May 5, 2019 to May 18, 2019 Special Pay

Pay date May 24th, 2019

921.60

Council Honorarium:

Pay date May 31, 2019

14,161.65

For the period of May 1, 2019 to May 31, 2019

Total Payments

RECOMMENDATION:

It is recommended that Council receive for information the listing of the Accounts Payable and Payroll for the period ending June 4, 2019 in the amount of

420,787.37

Submitted by: Mark Foster - Accounting Clerk Approved by: Tracey Pritchard - Acting Deputy Treasurer

420,787.37

System:

2019-05-30

User ID:

mfoster

Ranges: Cheque Date:

Township of South Frontenac CHEQUE DISTRIBUTION REPORT

11:28:54 AM

From: 2019-05-22

To: 2019-06-04

Page:

Page 69 of 116

Distribution Types Included: PURCH, MISC

10 GG 1100 Counc Cheque 070217

Date

Inv #

2019-05-22 19/05/14

Total 070217 070226 Total 070226 070227 Total 070227 070237 Total 070237 070240 Total 070240 070245 Total 070245 EFT000000011374

2019-06-04

Vendor

Description

CASEMENT, JOYCE Staff Recognition Lunch

FRONTENAC 4-H ASSOCIATION 2019 COMMUNITY GRANT 2019 COMMUNITY GRANT FRONTENAC FURY 2019 COMMUNITY GRANT 2019 COMMUNITY GRANT SYDENHAM WOMEN’S INSTITUTE 2019 COMMUNITY GRANT 2019 COMMUNITY GRANT VERONA LIONS CLUB 2019 COMMUNITY GRANT 2019 COMMUNITY GRANT FOURTEEN ISLAND NORTH FEEDER LAKE ASSOCATION 2019 COMMUNITY GRANT 2019 COMMUNITY GRANT NEW LEAF LINK 2019 COMMUNITY GRANT

2019 COMMUNITY GRANT

Total EFT000000011374

Total Counc

Amount $1,425.00 $1,425.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $1,492.00 $1,492.00 $500.00 $500.00 $4,000.00 $4,000.00

$13,917.00

1250 Clk Cheque EFT000000011390

Date

Inv #

2019-06-04

Vendor

Description

5024

TROUSDALE’S FOODLAND Coffee+Cream+Milk

92544

TROUSDALE’S HOME HARDWARE Coffee Filters

Total EFT000000011390 EFT000000011391 2019-06-04 Total EFT000000011391

Total Clk

Amount $35.14 $35.14 $7.10 $7.10

$42.24

1300 Elec Cheque 070242

Date 2019-06-04

Inv #

Vendor

Description

ARCHAMBAULT, PHIL 2018 REFUND OF NOM 2018 Refund of Nom

Amount

Total 070242

$200.00 $200.00

Total Elec

$200.00

Total GG

$14,159.24

20 PP&P 2100 Fire Cheque 070231 Total 070231 EFT000000011344

Date 2019-06-04

Inv #

Description

MINISTER OF FINANCE-MIN NAT RESOURCE 130105191019082 2019 Forest Protection Fees

2019-06-04 146109 146108 146110 146110 146107 146107 146111 146112 146318 146373

AJ STONE COMPANY LIMITED Fireade Foam 25X Hoods 12X Facepieces Shipping Costs Fire Equipment 25X Gloves 5X Gloves 3X Helmets 6X Ice Rescue Suits 20X O-Rings 17X Boots

6247

ASSELSTINE HARDWARE Canada Flag

2156

CAMERON MECHANICAL 3X Ball valve kits

IN153993

FIRE MARSHAL’S PUBLIC FIRE 30X Fire Fighting Textbook

43021

FISHER’S REGALIA & UNIFORM Epaulette+ Insignia

N776818

GRAND & TOY LIMITED Magnetic Wipe Board

Total EFT000000011344 EFT000000011345 2019-06-04 Total EFT000000011345 EFT000000011347 2019-06-04 Total EFT000000011347 EFT000000011355 2019-06-04 Total EFT000000011355 EFT000000011356 2019-06-04 Total EFT000000011356 EFT000000011361 2019-06-04 Total EFT000000011361 EFT000000011365 2019-06-04

Vendor

JODY CAMPBELL’S SEPTIC SERVICE

Amount $150.08 $150.08 $4,273.92 $915.84 $5,495.04 $322.89 $2,671.20 $534.24 $973.84 $5,189.76 $83.76 $2,473.62 $22,934.11 $40.69 $40.69 $2,037.23 $2,037.23 $3,112.60 $3,112.60 $89.07 $89.07 $62.45 $62.45

System:

2019-05-30

User ID:

mfoster

11:28:54 AM

Township of South Frontenac CHEQUE DISTRIBUTION REPORT 13934

Total EFT000000011365 EFT000000011368 2019-06-04 KS25158 Total EFT000000011368 EFT000000011370 2019-06-04

Portable Toilet Rental KENWORTH ONTARIO - KINGSTON Replaced Battery+ Diagnosed

Page:

Page 70 of 116 $101.76 $101.76 $754.99 $754.99

LEONARD FUELS 3935-993346 4896-993066 4896-996261 1060-989292 0647-996262 0647-995439 0647-990007 0647-59476 2706-989294 2706-994851 1057-996177 1057-1000893 1057-996897 1057-993041 4896-1000114 1057-999459 1057-1004250 1057-1004259 1057-1005324 1057-1007241 1057-1007575 1057-1007587 1057-1010302 1057-1010304 1057-1006246 1057-1003030

Total EFT000000011370 EFT000000011373 2019-06-04

499.7L @.901 416.9L @.920 485.6L @.907 363.2L @.909 942.3L @.904 1286.0L @.920 186.8L @.922 Replaced Thermostat 591.7L @.919 351.7L @.909 70.00L @1.0699 94.16L @1.0699 555.1L@.895 870.4L @.917 494.4L @.9417 603.3L @.897 92.93L @1.1142 94.39L @1.0876 109.77L @1.0876 53.73L @1.1142 47.00L @1.15 86.09L @1.1142 46.65L @1.1673 LUBES 957.4L @.915 79.07L @1.0611

155108

M&L SUPPLY, FIRE & SAFETY 10X Fire Hoses

16534

NORTHWAY HARDWARE Screws+ Hasp+ Flusher

57756

ONTARIO ASSOCIATION OF FIRE CHIEFS Job Posting- Assistant Chief

6083-545112 6083-544177

TOWN AND COUNTRY AUTO SUPPLY Cole Hersee Switch Battery Disconnect Switch

8842

TROUSDALE’S FOODLAND Water

Total EFT000000011373 EFT000000011375 2019-06-04 Total EFT000000011375 EFT000000011377 2019-06-04 Total EFT000000011377 EFT000000011389 2019-06-04

Total EFT000000011389 EFT000000011390 2019-06-04 Total EFT000000011390

Total Fire

$458.15 $390.30 $448.19 $335.96 $866.83 $1,203.94 $175.26 $189.03 $553.34 $325.33 $74.78 $100.60 $505.55 $812.21 $473.77 $550.68 $103.48 $102.53 $119.24 $59.83 $54.03 $95.86 $54.46 $5.23 $890.53 $83.76 $9,032.87 $1,551.84 $1,551.84 $15.74 $15.74 $330.72 $330.72 $137.91 $44.83 $182.74 $19.76 $19.76

$40,416.65

2105 Pub Ed Cheque 070234

Date

Inv #

2019-06-04

Vendor

Description

Amount

PROVIX INC

Total 070234

$1,011.13 $1,011.13

Total Pub Ed

$1,011.13

N16465

Handheld Thermal Unit

2605 Build Cheque 070248 Total 070248 EFT000000011361

Date

Inv #

2019-06-04

Vendor

Description

NSF FEE

SMITH CUSTOM HOMES & CONST. LTD NSF FEE

N772370

GRAND & TOY LIMITED Paper- Yellow

2019-06-04

Total EFT000000011361

Total Build

Amount $48.00 $48.00 $15.02 $15.02

$63.02

2620 Anml Ctl Cheque EFT000000011340

Date 2019-05-30

Inv #

Vendor

Description

FRONTENAC MUNICIPAL LAW SF-AC-2019-MAY 19/05 ANIMAL CONTROL

Total EFT000000011340

Total Anml Ctl

Amount $3,256.19 $3,256.19

$3,256.19

2625 Lvstck Cheque EFT000000011382

Date

Inv #

2019-06-04

Total EFT000000011382

Description

Amount

REDDEN, JOSEPH 956260 956260 956260

Total Lvstck

Vendor

Livestock-Green Livestock-Green Livestock-Green

$50.00 $25.46 $3.20 $78.66

$78.66

System:

2019-05-30

User ID:

mfoster

11:28:54 AM

Township of South Frontenac CHEQUE DISTRIBUTION REPORT

Page:

Page 71 of 116

2640 Bylaw enf Cheque EFT000000011340

Date 2019-05-30

Total EFT000000011340 EFT000000011358 2019-06-04

Inv #

Vendor

Description

FRONTENAC MUNICIPAL LAW SF-P-2019-MAY 19/05- PARKING BYLAW SF-P-2019-MAY 19/05- PARKING BYLAW FRONTENAC MUNICIPAL LAW SF-B-2019-MARCH 19/03 Bylaw Enforcement

Total EFT000000011358

Amount $457.92 $634.98 $1,092.90 $646.58 $646.58

Total Bylaw enf

$1,739.48

Total PP&P

$46,565.13

30 Trans 3010 Cheque 070225

Date

Inv #

2019-06-04

Vendor

Total 070229 070238 Total 070238 EFT000000011343

Amount

CLEAR DENT 6316

Total 070225 070229

Description

2019-06-04

Improve C/Box

21319 21298

KINGSTON AUTO GLASS Install Windshield Supply/Install Windshield

2375

TRUDEAU TRAILERS Slipper Equalizer

69860060

AIR LIQUIDE CANADA INC. Oxygen

24227691 24227472 24227597

BATTLEFIELD EQUIPMENT RENTALS 2X Camlock+ Hole Strainer Hole Strainer+ Suction Hose Suction Hose+ V-Touch Pad

2019-06-04

Total EFT000000011343 EFT000000011346 2019-06-04

Total EFT000000011346 EFT000000011350 2019-06-04

$203.52 $203.52 $152.64 $488.45 $641.09 $39.58 $39.58 $34.19 $34.19 $62.77 $238.05 $3,528.02 $3,828.84

CINTAS 884257088 884257088 884257087 884257087

Total EFT000000011350 EFT000000011359 2019-06-04

Uniform Cleaning Supplies Uniform Cleaning Supplies

334945

GANANOQUE CHEVROLET BUICK GMC 6X Wipers

54913

GIN-COR INDUSTRIES INC Tarp

21863

GREER GALLOWAY CONSULTING ENGINEERS Petworth Bridge Review

IV56718

HARTINGTON EQUIPMENT LIMITED Filters

P31315

JOE JOHNSON EQUIPMENT INC. Broom Core

9306698641 9306698640

KENT AUTOMOTIVE Assorted Parts Assorted Parts

Total EFT000000011359 EFT000000011360 2019-06-04 Total EFT000000011360 EFT000000011362 2019-06-04 Total EFT000000011362 EFT000000011364 2019-06-04 Total EFT000000011364 EFT000000011366 2019-06-04 Total EFT000000011366 EFT000000011367 2019-06-04

Total EFT000000011367 EFT000000011370 2019-06-04

$11.93 $59.91 $16.85 $304.64 $393.33 $12.61 $12.61 $184.58 $184.58 $3,307.20 $3,307.20 $99.83 $99.83 $1,372.86 $1,372.86 $336.52 $968.74 $1,305.26

LEONARD FUELS 4185-993065

359.1 L @.904

DAR21102409

LIEBHERR CANADA LTD Assorted Parts

2100699782

MESSER CANADA INC. Gases

Total EFT000000011370 EFT000000011371 2019-06-04 Total EFT000000011371 EFT000000011372 2019-06-04 Total EFT000000011372 EFT000000011376 2019-06-04

$330.34 $330.34 $1,382.00 $1,382.00 $276.44 $276.44

NORTRAX 1208845 1214017

Total EFT000000011376 EFT000000011380 2019-06-04

Reseal Manifold Replace Pedal+Service

$2,993.71 $4,610.74 $7,604.45

PETRIE FORD 271365 271365 271365 271673

Total EFT000000011380 EFT000000011381 2019-06-04

2X Lamp Markers 4X 5" Clamps Oil 5" Clamp

86413495

PREMIER TRUCK GROUP ABS Module

352075KI 351735KI

RUSH TRUCK CENTRES Wiper Arm Compressor

6083-545561

TOWN AND COUNTRY AUTO SUPPLY 2X Rotor+Brake Pad set

Total EFT000000011381 EFT000000011388 2019-06-04

Total EFT000000011388 EFT000000011389 2019-06-04

$4.58 $36.06 $101.47 $9.02 $151.13 $3,787.74 $3,787.74 $50.98 $702.39 $753.37 $376.35

System:

2019-05-30

User ID:

mfoster

11:28:54 AM

Township of South Frontenac CHEQUE DISTRIBUTION REPORT 6083-545782 6083-544892 6083-544892

Total EFT000000011389 EFT000000011390 2019-06-04 92815

TROUSDALE’S FOODLAND Weed Barrier

221934

TROUSDALE’S HOME HARDWARE U Bolt+Nuts

173-234183 173-232703 173-232045

UNIVERSAL SUPPLY GROUP Starter Delco 28" Orange Markers Hitch

Total EFT000000011390 EFT000000011391 2019-06-04 Total EFT000000011391 EFT000000011395 2019-06-04

Total EFT000000011395 EFT000000011399 2019-06-04

Caliper Oil Filters

MILLER PAVING LIMITED SU-150-2019-1003-HB Pulverizing-HB SU-150-2019-1003-HB Pulverizing-HB SU-150-2019-1003-HB Pulverizing-HB

Total EFT000000011399

Total

Page:

Page 72 of 116 $215.22 $47.51 $39.39 $678.47 $51.87 $51.87 $6.68 $6.68 $346.97 $115.94 $73.24 $536.15 $91.55 $54.18 $205.07 $350.80

$27,332.33

3215 Drainage Cheque 070224 Total 070224 070230 Total 070230 EFT000000011351

Date

Inv #

2019-06-04

Vendor

Description

203651

ATKINSON HOME BUILDING CENTRE Sealant

710515179

LAFARGE CANADA INC Gabion Stone

202816 205164 207988 206218 204510

COCO PROPERTIES CORP Gravel Gravel Gravel Gravel Gravel

2019-06-04

Total EFT000000011351

Total Drainage

Amount $7.62 $7.62 $321.05 $321.05 $179.95 $194.15 $1,686.31 $282.91 $275.83 $2,619.15

$2,947.82

3220 Ctc,Cb&gtr Cheque EFT000000011354

Date

Inv #

2019-06-04 30042019-45

Vendor

Description

ENVIRONMENTALL CONTRACTING SERV Clean out Catchbasins

Total EFT000000011354

Total Ctc,Cb&gtr

Amount $2,160.16 $2,160.16

$2,160.16

3310 Hardtop Patching Cheque 070235

Date

Inv #

2019-06-04

Vendor

Amount

SNIDER, PERCY 19/05/06-47 19/05/07-48 19/05/07-49 19/05/08-50 19/05/08-01 19/05/09-02

Total 070235 EFT000000011378

Description

2019-06-04

Patching Patching Patching Patching Patching Patching

$992.55 $992.55 $1,050.93 $934.16 $1,050.93 $1,050.93 $6,072.05

Cold Patch

$15,141.69 $15,141.69

Patching

$10,796.74 $10,796.74

O. BETTSCHEN 42336

Total EFT000000011378 EFT000000011393 2019-06-04

TW PATCHING 988311

Total EFT000000011393

Total Hardtop Patching

$32,010.48

3320 should maint Cheque EFT000000011351

Date

Inv #

2019-06-04 202214 201927

Total EFT000000011351 EFT000000011378 2019-06-04

Vendor

Description

COCO PROPERTIES CORP Gravel Gravel

Amount $1,818.41 $417.01 $2,235.42

O. BETTSCHEN 42285

Total EFT000000011378 EFT000000011387 2019-06-04

Gravel SWEET’S SAND & GRAVEL Gravel

$623.67 $623.67

Total EFT000000011387

$720.55 $720.55

Total should maint

$3,579.64

S-0058698

3405 Washout Cheque EFT000000011351

Date

Inv #

2019-06-04 202214 202816 204510

Vendor

Description

COCO PROPERTIES CORP Gravel Gravel Gravel

Amount $308.42 $410.79 $1,239.31

System:

2019-05-30

User ID:

mfoster

11:28:54 AM

Township of South Frontenac CHEQUE DISTRIBUTION REPORT

Total EFT000000011351 EFT000000011378 2019-06-04

Page:

Page 73 of 116 $1,958.52

O. BETTSCHEN 42245 42245

Total EFT000000011378 EFT000000011387 2019-06-04 S-0058698 S-0058822 S-0058821

Gravel Gravel SWEET’S SAND & GRAVEL Gravel Gravel Gravel

Total EFT000000011387

Total Washout

$799.96 $272.09 $1,072.05 $4,879.54 $3,387.67 $1,073.22 $9,340.43

$12,371.00

3425 Gradng & Grvl resurf Cheque EFT000000011378

Date

Inv #

2019-06-04

Vendor

Amount

O. BETTSCHEN 42245 42285

Total EFT000000011378 EFT000000011399 2019-06-04

Description Gravel Gravel

MILLER PAVING LIMITED SU-150-2019-1003-HB Pulverizing-HB

Total EFT000000011399

Total Gradng & Grvl resurf

$1,759.39 $102.58 $1,861.97 $14.41 $14.41

$1,876.38

3505 Snw Plwng Cheque EFT000000011396

Date

Inv #

2019-06-04 128832 128832

Vendor

Description

WHITE’S WEARPARTS LTD Nordic Studded Alloy Chains Nordic Studded Alloy Chains

Total EFT000000011396

Total Snw Plwng

Amount $454.93 $454.93 $909.86

$909.86

3615 Street signs Cheque EFT000000011384

Date

Inv #

2019-06-04

Vendor

Description

Amount

SIGNS PLUS

Total EFT000000011384

$188.00 $188.00

Total Street signs

$188.00

3134

30" Fingerboard Signs

Total Trans

$83,375.67

40 Env 5005 SW & Fac OH Cheque EFT000000011392

Date

Inv #

2019-06-04

Vendor

Description

Amount

TRUE ELECTRIC

Total EFT000000011392

$11,485.46 $11,485.46

Total SW & Fac OH

$11,485.46

6886

Lighting Retrofit

5105 Garb coll Cheque 070221

Total 070221 EFT000000011338

Date 2019-05-30

2019-05-30

Inv #

Vendor

SNIDER, PERCY 19/05 DISPOSAL 19/05 DISPOSAL 19/05 DISPOSAL -FUEL 19/05 DISPOSAL -FUEL

Description 19/05 DISPOSAL 19/05 DISPOSAL 19/05 DISPOSAL Fuel Adj 19/05 DISPOSAL Fuel Adj

BOULTON SEPTIC/LARMON’S COLLECTION 19/05 COLLECTION 19/05 COLLECTION19/05-FUEL COLLECTION 19/05- Fuel Adj.

Total EFT000000011338

Total Garb coll

Amount $11,940.74 $9,856.55 $147.58 $121.81 $22,066.68 $12,197.80 $150.76 $12,348.56

$34,415.24

5110 Gab disp Cheque EFT000000011342

Date 2019-05-30

Inv #

Vendor

Description

WHALEY, GEORGE 19/05 DISPOSAL 19/05 DISPOSAL

Total EFT000000011342

Total Gab disp

Amount $1,935.80 $1,935.80

$1,935.80

5205 Recyc Coll Cheque 070221

Total 070221 EFT000000011338

Date 2019-05-30

2019-05-30

Inv #

Vendor

SNIDER, PERCY 19/05 DISPOSAL 19/05 DISPOSAL 19/05 DISPOSAL 19/05 DISPOSAL -FUEL 19/05 DISPOSAL -FUEL 19/05 DISPOSAL -FUEL

Description 19/05 DISPOSAL 19/05 DISPOSAL 19/05 DISPOSAL 19/05 DISPOSAL Fuel Adj 19/05 DISPOSAL Fuel Adj 19/05 DISPOSAL Fuel Adj

BOULTON SEPTIC/LARMON’S COLLECTION 19/05 COLLECTION 19/05 COLLECTION19/05-FUEL COLLECTION 19/05- Fuel Adj.

Amount $12,881.10 $11,232.19 $11,989.49 $159.20 $138.82 $148.18 $36,548.98 $10,492.73 $129.68

System:

2019-05-30

User ID:

mfoster

11:28:54 AM

Township of South Frontenac CHEQUE DISTRIBUTION REPORT

Total EFT000000011338

Page:

Page 74 of 116 $10,622.41

Total Recyc Coll

$47,171.39

Total Env

$95,007.89

70 Cem 7000 Health Cheque EFT000000011339

Date 2019-05-30

Inv #

Vendor

Description

D G YOUNGE CONCRETE BURIAL VAULTS SERVICES 19/05 SERVICES 19/05

Total EFT000000011339

Amount $875.14 $875.14

Total Health

$875.14

Total Cem

$875.14

80 Rec 8000 Rec Cheque 070239

Date

Inv #

2019-06-04 2019 PARKING

Total 070239 070243 Total 070243 EFT000000011341

2019-06-04

2019-05-30

Total EFT000000011341 EFT000000011348 2019-06-04 Total EFT000000011348 EFT000000011357 2019-06-04 Total EFT000000011357 EFT000000011369 2019-06-04 Total EFT000000011369 EFT000000011379 2019-06-04 Total EFT000000011379 EFT000000011385 2019-06-04

Description

VANKOUGHNETT, RANDY 2019 Parking Space Rental

CARTER, HANNAH 2018 HALL REFUND Hall Rental Refund LEONARD, ELIZABETH 19/05 MAINTENANCE 19/05 MAINTENANCE CAMPBELL, ANNIE 19/05/13-STORR REC 19/05/13-STORR REC

Amount $450.00 $450.00 $140.00 $140.00 $142.50 $142.50 $32.47 $32.47

FOX, KEVIN 19/05/13-STORR REC

19/05/13-STORR REC

$32.47 $32.47

KOT, JOHN 19/05/13-STORR REC

19/05/13-STORR REC

$32.47 $32.47

PANTREY, AMANDA 19/05/13-STORR REC 19/05/13-STORR REC SMITH, ROBERTA 19/05/13-STORR REC 19/05/13-STORR REC

Total EFT000000011385 EFT000000011391 2019-06-04 404402 91098 90970 404403 91057 303607 Total EFT000000011391 EFT000000011397 2019-06-04

Vendor

TROUSDALE’S HOME HARDWARE 4" Moulding Moulding+Nails+Painters Tape Spackle+Primer+Paint Tile+Trowel+Adhesive Doorknob Set Paint+ Trim Paint

WOOD, ALVIN 19/05/13-STORR REC

Total EFT000000011397 EFT000000011398 2019-06-04 55154 55154 55154 55154 55154 55154

19/05/13-STORR REC

XCG CONSULTANTS LTD. Drinking Water Sampling Drinking Water Sampling Drinking Water Sampling Drinking Water Sampling Drinking Water Sampling Drinking Water Sampling

Total EFT000000011398

Total Rec

$65.00 $65.00 $32.47 $32.47 $91.57 $76.24 $145.19 $116.04 $16.78 $198.36 $644.18 $32.47 $32.47 $118.72 $118.72 $118.72 $118.72 $118.73 $118.73 $712.34

$2,316.37

8020 Swim Cheque EFT000000011349

Date

Inv #

2019-06-04 CRC-F-043011 CRC-F-043011 CRC-F-043011

Vendor

Description

CANADIAN RED CROSS SOCIETY WS Annual Fee WS Annual Fee WS Annual Fee

Total EFT000000011349

Total Swim

Amount $50.00 $50.00 $50.00 $150.00

$150.00

8030 Cda Day Cheque 070232

Date

Inv #

2019-06-04 13182 13182 13182

Vendor

Description

NORTH STAR FIREWORKS ENTERTAINMENT INC Canada Day Fireworks Canada Day Fireworks Canada Day Fireworks

Total 070232

Total Cda Day

Amount $10,079.64 $5,956.10 $7,330.32 $23,366.06

$23,366.06

8240 Comm Caring Cheque

Date

Inv #

Vendor

Description

Amount

System:

2019-05-30

User ID:

mfoster

11:28:54 AM

070222 Total 070222 070223 Total 070223 070228 Total 070228 070236 Total 070236 EFT000000011363

2019-06-04

Total EFT000000011363 EFT000000011386 2019-06-04

Township of South Frontenac CHEQUE DISTRIBUTION REPORT ALMOST HOME KINGSTON 19/05 PCC DONATION 19/05 PCC DONATION AMHS-KFLA- VERONA RURAL OUTREACH PROGRAM 19/05 PCC DONATION 19/05 PCC DONATION HOME BASE HOUSING 19/05 PCC DONATION 19/05 PCC DONATION SOUTH FRONTENAC FOOD BANK 19/05 PCC DONATION 19/05 PCC DONATION HARROWSMITH & DIST S & A CLUB 19/05 PCC DONATION 19/05 PCC DONATION SOUTHERN FRONTENAC COMMUNITY 19/05 PCC DONATION 19/05 PCC DONATION

Page:

Page 75 of 116 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $1,500.00 $1,500.00

Total EFT000000011386

$2,000.00 $2,000.00

Total Comm Caring

$9,500.00

8405 Ver&Dis Hist Cheque 070220

Date

Inv #

2019-05-22 19/05/03

Vendor

Description

REGION 9 REGIONAL TOURISM ORGANIZATION Partnership Fund Program

Total 070220

Amount $4,500.00 $4,500.00

Total Ver&Dis Hist

$4,500.00

Total Rec

$39,832.43

90 Plan 9000 Plan Cheque 070241 Total 070241 EFT000000011352

Date

Inv #

2019-06-04

Vendor

Description

25212

WATSON & ASSOCIATES ECONOMISTS LTD Background Study and Bylaw

157449 157447

CUNNINGHAM SWAN CARTY Legal Fees Legal Fees

2019-06-04

Total EFT000000011352

Amount $8,252.18 $8,252.18 $106.33 $172.74 $279.07

Total Plan

$8,531.25

Total Plan

$8,531.25

99 9999 Cheque 070219 Total 070219 070240 Total 070240 070249 Total 070249 070250 Total 070250 EFT000000011383

Date

Inv #

2019-05-22

Description

STUB PAYOUT

FRANCIS, THE ESTATE OF WILLIAM Stub Period Payout- W.F.

19/08/13

VERONA LIONS CLUB Hall Rental- Strategic Mgmt.

CRADJ5111-1

MAGENTA WATERFRONT DEVELOPMENT Tax Refund

CRADJ5519-1

VAILLANCOURT PAUL Tax Refund

634385 634469 634465 634466 634464 634569 634568 634567 634565 634566

ROSEN ENERGY GROUP B 2785.3L CLR @1.0587 SUN 237.9L CLR @1.0587 F 2327.1L @1.0587 F 1812.6L MKD @.9177 F 1915.0L GAS @1.0826 359.1 L @.904 F 2283.9L CLR @1.0517 F 1330.8L GAS @1.0722 F 1330.8L GAS @1.0722 P 608.1L MKD@.9187

2019-06-04

Total EFT000000011383

Vendor

Amount $921.60 $921.60 $110.00 $110.00 $291.37 $291.37 $306.23 $306.23 $3,000.70 $256.29 $2,507.06 $1,692.69 $2,109.67 $251.76 $2,444.25 $1,451.99 $1,593.01 $568.50 $15,875.92

Total

$17,505.12

Total

$17,505.12

Total

$305,851.87

Page 76 of 116

INFORMATION REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT

AGENDA DATE: SUBJECT:

June 4, 2019

Tender No. PW-2019-06 19,500 LB GVWR Truck

RECOMMENDATION: This report is for Information only. BACKGROUND: The Public Services Department budgeted for One (1) 2019 Model, 19,500 LB GVWR, 4X4, crew cab truck with an aluminum dump body and plow equipment. The Tender was prepared and advertised on the Municipal website, on Biddingo, as well as in the local newspaper. This tender closed on Wednesday, May 8th, 2019 and one bid was received. The submission is as follows: Supplier

Sub-Total

(Incl. non-rebatable HST)

Petrie Ford Sales

$96,162.00

$97,854.64

(Ford F-550)

The submission of the lone bidder has been evaluated and was found to be accurate and complete. Petrie Ford Sales is a reputable supplier who has provided the township with equipment in the past. For these reasons, and also because their price, with the rebatable HST removed, was $2,145.36 below budget; the Public Works Department, under delegated authority, has awarded the tender to Petrie Ford Sales for $97,854.64, including Non-Rebatable HST. FINANCIAL/STAFFING IMPLICATIONS: An amount of $100,000.00 was approved in the 2019 Capital Budget for the purchase of a current model year 19,500 lb GVWR truck w/ aluminum dump body.

Submitted/approved by:

Prepared By:

Mark Segsworth, P. Eng. Public Works Manager

David Holliday, CET Area Supervisor

Our strength is our community.

Page 77 of 116

INFORMATION REPORT TO COUNCIL PUBLIC SERVICES DEPARTMENT

AGENDA DATE: SUBJECT:

June 4, 2019

Tender No. PW-2019-20, Structural Tunnel-Plate Liner Replacement of Burnt Hills Road Culvert

RECOMMENDATION: For Information only. BACKGROUND: The tender for the Structural Liner for Burnt Hills Road Culvert was prepared and advertised on the Municipal website, on Biddingo, and in the local newspaper. This tender closed on May 29th, 2019. The results, in ascending order, were as follows: Contractor

Price (Incl. HST)

Louis W. Bray Construction Ltd.

$445,462.95

Clearwater Structures Inc.

$729,264.71

R.W. Tomlinson Ltd.

$859,455.40

The submission of the low bidder has been evaluated and was found to be accurate and complete. Well Louis W. Bray Construction has never worked with South Frontenac directly, they have provided documentation with many years of experience and come highly recommended from our consulting engineers. For these reasons, and also because their price was $283,801.76 lower than the second lowest bidder Clearwater Structures Inc., the Public Services Department, under delegated authority, has awarded the tender to Louis W. Bray Construction Ltd., for $445,462.95, including HST. FINANCIAL/STAFFING IMPLICATIONS: An amount of $700,000.00 inclusive of engineering fees was approved in the 2019 Capital Budget.

Submitted/approved by:

Prepared By:

Mark Segsworth, P. Eng. Director of Public Services

Aaron Hatton, CET Technical Assistant

Our strength is our community.

Page 78 of 116

Notice of Decision with Respect to a Draft Plan of Vacant Land Condominium under Section 51(37) of the Planning Act Applicant: Fotenn Consultants Inc. (Owner: Barry Campbell) Date of Decision: May 15, 2019 Last Date of Appeal: June 4, 2019

Date of Notice: May 15, 2019 File No: 10CD-2016-001 (Shield Shores)

Subject Lands: Part of Lots 15, 16 & 17, Concession 9, Geographic Township of Storrington, Township of South Frontenac, County of Frontenac Draft Plan of Vacant Land Condominium approval has been granted by the Council of the Corporation of the County of Frontenac for the above-noted property. The Draft Plan of Vacant Land Condominium is to develop 18 residential units, accessed through individual entrances off the proposed private lanes. Each lot will be privately serviced with individual private septic and water services. Draft Plan approval is subject to the conditions attached. Explanation of the Effect of Written and Oral Submissions Had on the Decision: Submissions and comments received were considered by the County of Frontenac with respect to the potential impact on the water quality of Dog Lake, and concern for narrow waterbody and shallow waters. Concerns were addressed by the applicant to the satisfaction of commenting agencies. When and How to File an Appeal: Notice to appeal the decision to the Local Planning Appeal Tribunal (LPAT), formally the Ontario Municipal Board (OMB), must be filed no later than 20 days from the date of this notice as shown above as the last date of appeal. The notice of appeal should be sent to the person and address shown below and it must: (1) be filed with the approval authority; (2) set out the reasons for the appeal; and (3) be accompanied by the fee required by the Tribunal. Contact for Appeal: Jannette Amini, Manager of Legislative Services/Clerk County of Frontenac 2069 Battersea Road Glenburnie, Ontario K0H 1S0 Who Can File an Appeal? At any time before the approval of the final plan, the following may appeal any of the conditions imposed by the Council of the Corporation of the County of Frontenac by filing a notice of appeal with the approval authority: (1) the applicant; (2) any public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority; (3) the Minister; or (4) the Municipality in which the subject land is located.

Page 79 of 116 Only individuals, corporations or public bodies may appeal decisions in respect of a proposed plan of condominium to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. No person or public body shall be added as a party to the hearing of the appeal of the decision of the approval authority, including the lapsing provisions or the conditions, unless the person or public body, before the decision of the approval authority, made oral submissions at a public meeting or written submissions to the council, or made a written request to be notified of changes to the conditions or, in the Local Planning Appeal Tribunal’s opinion, there are reasonable grounds to add the person or public body as a party. How to Receive Notice of Changed Conditions: The conditions of an approval of draft plan of condominium may be changed at any time before the final approval is given. You will be entitled to receive notice of any changes to the conditions of approval of the proposed plan of condominium if you have made a written request to be notified of changes to the conditions. No person or public body shall be added as a party to the hearing of an appeal regarding any changes to the conditions of approval unless the person or public body, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority, or made a written request to be notified of the changes to the conditions or, in the Local Planning Appeal Tribunal’s opinion, there are reasonable grounds to add the person or public body as a party. Other Related Applications: A Zoning By-law Amendment has been submitted to the Township of South Frontenac as a condition of approval. Additional Information: Additional information about the application is available for public inspection during the regular office hours at the County of Frontenac Planning and Economic Development Department at the address noted above. Dated at Glenburnie, Ontario this 15th day of May, 2019. Jannette Amini, Manager of Legislative Services/Clerk County of Frontenac 2069 Battersea Road Glenburnie, Ontario K0H 1S0 Attachment: Approved Draft Conditions for File No. 10CD-2016-001

Page 80 of 116

10CD-2016/001 (Shield Shores) Plan of Vacant Land Condominium Conditions of Draft Approval Date of Decision: May 15, 2019

Amended Conditions: N/A

Conditions of Draft Plan Approval The conditions of approval for the draft plan of vacant land condominium are as follows:

That this approval applies to the Draft Plan of Vacant Land Condominium dated December 10, 2018, showing a total of 18 residential Units, 5 Blocks and two private lanes, prepared and certified by Leslie M. Higginson (surveyor).
That the Owner shall agree to enter into a condominium agreement with the Township of South Frontenac, to the satisfaction of the Township and to be registered on title of the subject land.
That the Owner shall agree in writing to satisfy all the requirements, financial or otherwise to the Township of South Frontenac concerning the provision/upgrade of roads, installation of services, drainage works, utilities and all other required works in accordance with the Township’s Design Criteria and Guidelines. Further, that the development, construction and use of the lands in this condominium shall be in accordance with the following reports submitted with the application for draft approval, unless otherwise amended, modified, or directed in witting by the Township and as secured in the condominium agreement:     

  

Fotenn Consultants Inc., Planning Report, Shield Shores Residential Development, February 25, 2016; Mary Alice Snetsinger, Environmental Impact Statement for Campbell Property, January 10, 2016, technical addendum August 24, 2016; Ecological Services, Gray Ratsnake Surveys, June 1, 2016; Ecological Services, Shallow Waterbody Submission, April 4, 2018; BluMetric Environmental, Hydrogeological Assessment and Terrain Analysis for Proposed Development of Con 9, Part Lots 15, 16 and 17, Dog Lake Township of South Frontenac, February 2016, technical response August 8, 2016 and May 4, 2017; Josselyn Engineering Inc, Traffic Impact Assessment Report, Shield Shores Condominium, November 25, 2016, updated August 22, 2017; Josselyn Engineering Inc. Analysis of Stormwater Management Requirements for Dog Lake Subdivision, February 4, 2016 and Analysis of Stormwater Management Requirements dated May 1, 2017; and Adams Heritage, Archaeological Assessment (Stages 1 & 2), Dog Lake Ridge, May 12, 2015.

That the Owner shall reimburse the Township of South Frontenac and the County of Frontenac for all legal, engineering, planning, administrative expenses and permit

Page 81 of 116

fees, including the cost of any peer review that the Township or the County may require in relation to the development and the fulfillment of conditions. 5. That the two proposed private lanes shown in the draft plan (Block 23 and Block 24) be designed and constructed, at a minimum, in accordance with Township Design Criteria and Standards and Private Lane Standards for new private lanes. 6. That the Owner agrees in writing that any easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 7. That 0.3 metre reserves be established along the boundaries of any blocks and units, other than the condominium road, which abut the Wellington Street road allowance to the satisfaction of the Township. Any 0.3 metre reserves shall be deeded to the Township for the purpose of controlling additional access to the plan of condominium. 8. That the Owner agrees that any dock at Block 19 be located at the open water end of the Block (i.e., southeast portion of the Block) and not in the narrow bay at the southwest side of the Block. 9. That the Owner shall agree in writing to install and power street lighting to the satisfaction of the Township and in accordance with Township Design Criteria and Guidelines. 10. That the Owner shall agree in writing to name the street in accordance with Township 9-1-1 Civic Addressing policy for the Township and shall install signage to the satisfaction of the Township and in accordance with Township Design Criteria and Standards. 11. That the Owner shall agree in writing to install garbage and recycling depot in a location to the satisfaction of the Township and in accordance to Township Design Criteria and Standards. 12. That the Owner shall agree to update and revise the traffic impact report entitled Josselyn Engineering Inc., Traffic Impact Assessment Report, Shield Shores Condominium, August 22, 2017 to the satisfaction of the Township and in accordance to Township Design Criteria and Standards. 13. That the Owner agrees in writing to pay cash-in-lieu of parkland in accordance with approved Township policies.

10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019

Page 2 of 7

Page 82 of 116

That the Owner agrees in writing that the Township may implement whatever measures it deems necessary to ensure orderly development of the plan of condominium, including but not limited to the requirement of separate condominium agreements, imposition of “h” holding zoning or 0.3 metre reserves.
That the Owner agrees to deposit with the Township, securities in the form of a letter of credit, representing 100% of the estimated cost of the works to be provided with respect to the condominium. The letter of credit shall be reduced, in accordance with the terms and conditions of the Condominium Agreement.
That the Owner agrees for the condominium agreement to contain a provision requiring the Owner to pay development charges, in place at the time of the issuance of the building permit, prior to the issuance of the building permit and to acknowledge and agree that the Township will not issue any building permit until the development charges have been paid in full.
That the Owner shall agree in writing to obtain permits or approvals as may be required from any federal, provincial, municipal or local authority and to file copies thereof with the Township.
That the Owner shall agree in writing that the natural soil and vegetation within the 30 metres setback area from Dog Lake is not to be disturbed and is to be left in its natural state as of the date of draft approval. The condominium agreement and condominium declaration include provisions that would require unit owners to provide protection of natural vegetation within the 30 metre setback area. This shall not prevent the establishment of a 1.5m wide (maximum) pathway to the lake or the removal of noxious weeds or invasive species.
That prior to final approval, the County of Frontenac is to be advised by the Township of South Frontenac that this proposed condominium conforms to the Zoning By-law in effect for the Township.
That the Owner shall agree in writing that a Canada Post Centralized Community Mail Boxes, be installed, if deemed necessary by Canada Post, at a location to the satisfaction of Canada Post and the Township.
That the following conditions from KFL&A Public Health, be addressed to the satisfaction of the Township and KFL&A Public Health: (a) The site servicing plan showing the location of the house, well, sewage system envelopes (primary and alternate), taking into consideration site topography be

10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019

Page 3 of 7

Page 83 of 116

prepared and provided to all future purchasers through the condominium declaration. (b) Primary and alternate sewage system locations be reserved and maintained solely for that purpose. No constructions of wells, homes, driveways, pools, garages or other structures is to take place in the primary or alternate area. (c) Existing soil conditions will necessitate the importation of suitable fill for the installation of sewage systems, resulting in fully raised sewage systems. Some units will require additional fill or extensive site grading to deal with saturated conditions. (d) Deviations from the locations on the updated site servicing plan may require the submission of an engineering report/design and terrain analysis supporting the proposed changes (including potential impact on adjoining properties). 22. That all requirements and recommendations specified in the hydrogeology report entitled BluMetric Environmental, Hydrogeological Assessment and Terrain Analysis for Proposed Development of Con 9, Part Lots 15, 16 and 17, Dog Lake Township of South Frontenac, February 2016 and all associated drawings be addressed to the satisfaction of the Township, KFL&A Public Health and Cataraqui Region Conservation Authority. 23. That any existing wells and/or septic systems that may be present on the site and which are not planned to be used as part of the condominium development be decommissioned as per applicable regulations. 24. That the recommendations of the environmental impact statement, entitled Mary Alice Snetsinger, Environmental Impact Statement for Campbell Property, January 10, 2016 be addressed to the satisfaction of the Township and Cataraqui Region Conservation Authority. 25. That a final detailed stormwater management plan be prepared by a qualified Professional Engineer and approved to the satisfaction of the Township and the Cataraqui Region Conservation Authority, and that appropriate text to implement its findings be included in the Condominium Agreement. 26. That a lot grading and drainage plan, and a sediment and erosion control plan be completed to the satisfaction of the Township and the Cataraqui Region Conservation Authority and be included in the Condominium agreement. 27. That the Condominium Agreement contain a provision that any proposed development (e.g. construction, filling, and site alteration) within 15 metres of the flood plain or top of bank of the watercourses and Dog Lake will require prior written

10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019

Page 4 of 7

Page 84 of 116

authorization from the Cataraqui Region Conservation Authority under Ontario Regulation 148/06 made pursuant to Section 28 of the Conservation Authorities Act. 28. All in-water and shoreline works, including but not limited to docks, including the joint use dock at Block 19, may only be constructed in accordance with applicable approvals issued by Parks Canada. 29. That the Owner agree in writing all recommendations of the archaeological report entitled Adams Heritage, Archaeological Assessment (Stages 1 & 2), Dog Lake Ridge, May 12, 2015 be implemented to the satisfaction of the Township. 30. That the Owner prepare a vegetative planting plan to the satisfaction of the Township and the Cataraqui Region Conservation Authority, the purpose of which is to enhance the natural vegetative buffer within 30 metres of the high water mark. 31. The Owner agree in writing for the condominium agreement to contain a clause providing that any purchaser be advised, and also that a notice be placed in the purchase and sale agreement, alerting a prospective purchasers that, in the event that human remains are discovered during construction or site development of a unit, the property owner shall immediately contact the OPP, the Ministry of Tourism, Culture and Sport and the Registrar or Deputy Registrar of the Cemeteries Unit of the Ministry of Consumer Services (or the applicable agencies at the time of final approval). 32. That Owner agree in writing that if, during the process of development, any archaeological resources or human remains of Aboriginal interest are encountered, the Algonquins of Ontario Consultation Office will be contacted immediately at: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke Ontario K8A 8R6 Telephone 613-735-3759 Fax 613-735-6307 E-mail: algonquins@tanakiwin.com 33. That Owner agree in writing that public utilities, including without limitation Bell Canada (or alternative provider for telecommunication and cable), Hydro One, etc. are adequate to service the proposed development and installed to the satisfaction of the Township. 34. That prior to Final Condominium Approval, the Owner shall submit a revised Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval. 10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019

Page 5 of 7

Page 85 of 116

Where final engineering design(s) result in minor variations to the Plan (e.g. in the configuration of units, etc.), these may be reflected in the Final Plan subject to the satisfaction of the Township and the County. 35. That when requesting Final Approval from the County of Frontenac, the Owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor’s certificate stating that the units/blocks thereon conform to the frontage and area requirements of the zoning by-law. 36. That prior to Final Condominium Approval, the County of Frontenac shall be advised by the Township of South Frontenac that all Conditions of Draft Plan Approval requested by the Township have been satisfied; the clearance memorandum shall include a brief statement detailing how each Condition has been met. 37. That prior to Final Condominium Approval, the County is to be advised in writing by KFL&A Public Health of the method by which its conditions have been addressed. 38. That, prior to Final Condominium Approval, the County is to be advised in writing by the Cataraqui Region Conservation Authority of the method by which its conditions have been addressed. 39. That pursuant to section 51 (32) of the Planning Act, this Draft Plan Approval is granted for three years from the decision date. The Owner may request the County issue an extension of Draft Approval should that be needed. The County shall notify the Township of any request to extend Draft Approval. 40. Clearance Letters: a. That prior to Final Subdivision Approval, the County of Frontenac shall be advised that all Conditions of Draft Plan Approval have been satisfied; the clearance memorandum shall include a brief statement detailing how each condition has been met and shall be prepared by the Planning Consultant. b. That prior to Final Subdivision Approval, the County is to be advised in writing by the Township of South Frontenac of the method by which its conditions have been addressed. c. That prior to Final Submission Approval, the County is to be advised in writing by KFL&A Public Health of the method by which its conditions have been addressed. d. That prior to Final Subdivision Approval, the County is to be advised in writing by Rideau Waterway Development Review Team of the method by which its conditions have been addressed. 10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019

Page 6 of 7

Page 86 of 116

Notes of Draft Approval: 

 

  

This draft approval is for a period of three (3) years. The Owner is advised that they are to apply for any extension at least sixty (60) days prior to lapsing date or in accordance with the County of Frontenac Plan of Subdivision and Condominium Guidelines. This approval may be extended pursuant to Subsection 51(33) of the Planning Act, but no extension can be granted once the approval has lapsed. If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval will lapse under Section 51(32) of the Planning Act, R.S.O. 1990. It is the applicant’s/owner’s responsibility to fulfill the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Approval Authority, quoting file number 10CD-2016/001 (Shield Shores). All measurements in the final plans must be presented in metric units. Please note that an updated review of the plan, and revision of the conditions of approval, may be necessary if an extension is to be granted. Please consult the County of Frontenac Plan of Subdivision and Condominium Guidelines and Planning Department for submission requirements for final approval including number of copies required, requirements for review of the M-Plan, and, submission timelines.

10CD-2016/001 (Shield Shores), Plan of Vacant Land Condominium Conditions of Draft Plan Approval Date of Decision May 15, 2019

Page 7 of 7

Page 87 of 116

REPORT TO COUNCIL CLERKS DEPARTMENT

AGENDA DATE: June 4, 2019 SUBJECT:

Annual Meeting with Lake Association Representatives

RECOMMENDATION For information only.

BACKGROUND Since 2012, Council and senior staff have coordinated an annual meeting with representatives from the various lake associations in South Frontenac. This has been an opportunity to share information about development, services, road construction, by-law enforcement and general municipal updates. For this year, the meeting is scheduled for Thursday, August 22, 2019 at 7:00 pm in the Council Chambers. Email invitations will be sent to the contacts we have on file in late July.

ATTACHMENTS - n/a

Submitted/approved by: Angela Maddocks Clerk

Our strength is our community.

Page 88 of 116

May 21, 2019 Mayor Vandewal Township of South Frontenac Box 100, Sydenham ON K0H 2T0 Dear Mayor Vandewal, It has been a pleasure working with you, the rest of Council, and staff at the Township. Our journey to find and hire a new Chief Administrative Officer started in March. We established a relatively tight project plan. Not only were we able to achieve milestones, we completed the recruitment process ahead of our targeted completion date of May 31, 2019. This would not have occurred without the exceptional effort of every member of the Project Team. The current CAO, Wayne Orr, anticipated the work to be done, provided advice, and ensured timely delivery and support at every step. Similarly, Emily Caird, Executive Assistant, also provided what appeared to be effortless, and I am sure it was not, support with items such as advertising, applicant tracking, candidate follow-up, scheduling, site preparation and minute taking. Recruitment Committee members were prepared for meetings, provided thoughtful commentary and healthy dialogue as we worked our way through this important process. Similarly, when we presented to Full Council, Councilors were engaged and actively participated in the process and decisionmaking. Finally, your leadership enabled us to stay the course and reach the best outcome. You always made yourself available and provided all of your attention even when you were dealing with 35+ cows at various stages of giving birth! You remained positive and communicated key messages timely. You are focused on how to best serve the Township’s future! It has truly been a pleasure working with the Township of South Frontenac and I wish you the very best as the Township embarks on the next phase of its evolution.

Sincerely,

Joanne Glaser

Page 89 of 116

Harold & Lynn Snider 3240 Latimer Road Elginburg, ONT K0H 1M0 May 22, 2019

Mr. Wayne Orr Chief Administrative Oﬃcer Township of South Frontenac Box 100, Sydenham Ontario K0H 2T0 Dear Mr. Orr, Re: Obstruction of Noise By - Law 2001-66 It is with dismay that we are having to write to your oﬃce, yet again, regarding the issue of continuous and persistent barking and howling of dogs at Ben Acres Kennels at 3235 Latimer Road, Elginburg, Ontario. Since the construction of Ben Acre Kennels we have been denied enjoyment and ability to live in a peaceful rural community - which was the case when we purchased our home in 2002. As you are aware we have made several complaints in 2017 and 2018 regarding excessive dogs barking and howling, wherein a charge under By-Law 2001-66 was laid. This charge was submitted to Ontario Court of Justice, Provincial Oﬀences Court and subsequently withdrawn upon the direction of the CAO and Township Council. Now that spring has arrived and we are outdoors regularly, our enjoyment has been eliminated another year, due to the barking dogs at Ben Acres Kennels. From the documentation received as a result of our Freedom of Information request, it appears that the owners of Ben Acres purchased and installed a fence that is purported to be a “sound barrier fence” that was to address the issue. It was also noted in the documentation that the By-Law enforcement oﬃcers in 2017 and 2018, recommended that the owners keep all dogs inside with the windows closed for all drop oﬀ and pick up times. This has definitely not been the case. It appears that the owners choose not to try and minimize the noise and choose to allow all dogs (up to 50 dogs) to go into full barking mode in their open kennel area during these pick up and drop oﬀ times. Ben Acres Kennels website states they have “4 large play yards for dogs to exercise and socialize - is it not logical that dogs will bark when they are around other dogs not known to them? Why should we as tax paying residents of the Township have to put up with this? Do we not have any status in this Township regarding our enjoyment of our own property? It is also fascinating to note in the documentation received, that the Council and Mayor ever became involved in this situation. It is interesting to note that a person can be charged and

Page 1 of 2

Page 90 of 116

then have it withdrawn because the Township Council feel that the Owners of the Kennels have spent enough money in the fencing supposedly to soundproof the noise. However, no consultation or consideration of our position was ever considered by Council or the Mayor or the CAO. It is also extremely interesting to note that no noise level testing was ever completed as indicated in an email from you, Mr. Orr to Lianne Ruttan dated May 15, 2018. Therefore, no one can definitively confirm the extensive barking and howling of dogs has been rectified, as no one has conducted a test - plus the By-Law Enforcement Oﬃces have been directed NOT to respond to our calls. This would be a very interesting case for the Ombudsman Oﬃce not to mention law enforcement to investigate I would like to understand what authority does the Township Council have over By-law Enforcement matters including those that have been submitted to court? In the Association of Municipalities of Ontario website, it states “Municipalities are governed by municipal councils. The job of municipal councils is to make decisions about municipal financing and services”. How does intervening on a By-Law matter that resulted in a Charge laid in the Ontario Court of Justice and then directing the withdrawal of this charge - a matter relating to the municipal financing and services? In our mind, this is likened to a provincial politician with authority granted to them by the province, interfering with a Police Oﬃcer/Police Force to exert pressure on the laying or withdrawal of charges under the governing laws of the province and Canada. How is this legal - not to mention ethical? We request immediate action on this matter with consideration and consultation of our position. We bought our home in South Frontenac as it has been our home Township the majority of our lives. We now have to live without the ability to enjoy our property, not able to entertain our friends due to constant dog barking morning and evening - not to mention the value of our house has declined significantly due to barking and howling from a large volume of dogs at the Kennel across the road from our home. Our frustration level with this ongoing issue together with the unethical and illegal actions of this Council regarding their involvement is not acceptable. We expect a prompt response to our questions and this issue.

Harold and Lynn Snider

Page 2 of 2

Page 91 of 116

Petrolia Town Council Resolution Form Date: May 13, 2019

Resolution #:

Moved By: Councillor Field

C»3Q

Seconded by:

’

OS/‘5/-9019

JMFM

[

WHEREAS on the May 13, 2019 regular council agenda, correspondence item 12 q) was received from the Ontario Good Roads Association;

AND WHEREAS as during the 2019 OGRA conference AGM a resolution was passed regarding the re-establishment of an annual combined conference for both OGRA & ROMA; AND WHEREAS as a past attendee of the combined conferences, it makes great sense for the OGRA & ROMA conferences to be returned to a combined conference effort each February, not only ?nancially for the municipality but also for availability for participation of members of Council and staff; NOW THEREFORE BE IT RESOLVED that the Council of the Town of Petrolia support the original resolution passed at the OGRA AGM to reestablish a combined OGRA & ROMA conference;

AND FURTHERMORE that a letter be sent to the ROMA Board of Directors, outlining our support for a collaborative OGRA ROMA annual combined conference, and that this letter of support be circulated to the Ontario Municipalities, and the OGRA Board of Directors;

Carried Deferred Defeated

Recorded Vote ifcalle Cauncll

Clerk’s Signature:

in,-

Loosley, Brad

Deiglutnn, Wade Field, Juel O’Hm’a,

Ross Purdy Gra So In, M rty elten, 0 mild

Declaration of Conflict of Interest 5

and did not vote on the matter.

declared their interest, abstained from the discussion

Page 92 of 116

Premier of Ontario Premier ministre de l’Ontario

L e g i s l a t i ve B u i l d i n g Queen’s Park Toronto, Ontario M7A 1A1 É d i f i c e d e l ’ A s s e m b l é e l é g i s l a t i ve Queen’s Park Toronto (Ontario) M7A 1A1

Dear Heads of Council: Our government was elected to clean up Ontario’s financial nightmare that was created by 15 years of mismanagement and irresponsible actions on the part of the Liberals. The $15 billion annual deficit and $347 billion long-term debt they left to our children and grandchildren is a direct threat to critical public services the people of Ontario rely on. The interest payments on our debt alone amount to $1 billion a month, not one cent of which goes to hiring more front line-emergency workers, lowering taxes or paying down the debt. Getting Ontario back on a path to balance is essential for protecting important government services, long-term prosperity, attracting investment and creating goodpaying jobs. And we also believe that every government needs to step up and do its part; there is only one taxpayer, and the job of finding savings while protecting core services rests with every elected official in Ontario. Having spent time at the city level I also understand that, with municipal budgets already set for the 2019-20 fiscal year, our partners need to have flexibility to achieve those savings. After listening to the concerns of our partners and following the advice of my Minister of Municipal Affairs and Housing, Steve Clark, our government has made the decision to maintain the in-year cost sharing adjustments for land ambulance, public health and child care services. Minister Clark has advised us to take this approach on the understanding that, as partners, Ontario’s municipalities will use the additional time to work with the Government of Ontario to transform critical shared public services and find the efficiencies that will ensure their sustainability. Our commitment to provide $7.35 million, through the Audit and Accountability Fund, to help large municipalities find four cents on every dollar will support these efforts. And the $200 million we have committed to small and rural municipalities to modernize services will also play an important part in meeting these objectives.

…/2

Page 93 of 116

-2-

Our government was elected to protect public services for future generations, and a big part of that is by balancing the budget in a responsible way – that was our commitment. It is reassuring for me to hear that municipalities understand the fiscal challenges we face, but more importantly they understand that we face these challenges together. I look forward to working collaboratively with you to find savings, strengthen front-line services and protect what matters most to the people of Ontario. Sincerely, The Hon. Doug Ford Premier of Ontario

Page 94 of 116

Opposition to Bill 108

Please be advised the Council of the Corporation of the Town of Grimsby at its regular Council meeting held on May 21, 2019 approved the following resolution: WHEREAS the legislation that abolished the OMB and replaced it with LPAT received unanimous – all party support; and WHEREAS All parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; and WHEREAS Bill 108 will once again allow an unelected, unaccountable body make decisions on how our communities evolve and grow; and WHEREAS On August 21, 2018 Minister Clark once again signed the MOU with the Association of Municipalities of Ontario and entered into “…a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government.”; and WHEREAS This MOU is “enshrined in law as part of the Municipal Act”. And recognizes that as “…public policy issues are complex and thus require coordinated responses…the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest”; and WHEREAS By signing this agreement, the Province made “…a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact”; and WHEREAS Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act,

Page 95 of 116

Town of Grimsby Administration Office of the Town Clerk 160 Livingston Avenue, P.O. Box 159, Grimsby, ON L3M 4G3 Phone: 905-945-9634 Ext. 2015 | Fax: 905-945-5010 Email: skim@grimsby.ca Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997. Now Therefore Be it Hereby Resolved That Town of Grimsby oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; and Be it further resolved that Town of Grimsby call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; and Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

Yours sincerely,

Sarah Kim Acting Town Clerk Cc:

Hon. Christine Elliott, Deputy Premier Hon. Steve Clark, Minister of Municipal Affairs Hon. Andrea Horwath, Leader of the New Democratic Party All MPPs in the Province of Ontario Association of Municipalities of Ontario (AMO) All Ontario Municipalities

Page 96 of 116

Subject: Cataraqui Region Conservation Authority comments on Government of Ontario proposals (May 2019) Municipal CAOs and Clerks, Cataraqui Region, Cataraqui Region Conservation Authority (CRCA) staff are writing with regard to proposed amendments to the Conservation Authorities Act and implementing regulations. The proposals were outlined by the Government of Ontario in two postings on the Environmental Registry: 

Posting 013-4992, Focusing conservation authority development permits on the protection of people and property https://ero.ontario.ca/search?search=013-4992&date%5Bmin%5D=&date%5Bmax%5D



Posting 013-5018, Modernizing conservation authority operations - Conservation Authorities Act https://ero.ontario.ca/search?search=013-5018&date%5Bmin%5D=&date%5Bmax%5D

The proposed changes to the legislation are further outlined by Schedule ‘2’ to Bill 108 (More Homes, More Choice Act, 2019): https://www.ola.org/en/legislative-business/bills/parliament42/session-1/bill-108. CRCA provided comments to the Government on these proposals during the Environmental Registry comment period (two PDF letters are attached). The comments were endorsed by the CRCA Board on May 22, 2019. CRCA has requested additional information from the Government about the proposals, and has requested opportunities to provide input to forthcoming regulations. Staff will provide further updates as information is made available. If you have any questions or comments, please contact Rob McRae, MCIP, RPP, Manager, Corporate Services, at rmcrae@crca.ca or 613-546-4228 ext. 224. Thanks, Donna bcc: CRCA Board Members

Donna Campbell Assistant, Chair and General Manager

Cataraqui Region Conservation Authority 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 Phone: (613) 546‐4228 ext. 229 ‐ Fax: (613) 547‐6474 Toll Free for Area code (613): 1‐877‐956‐2722

Page 97 of 116 CATARAQUI REGION CONSERVATION AUTHORITY 1641 Perth Road, P.O. Box 160 Glenburnie, Ontario K0H 1S0 Phone: (613) 546‐4228 Toll Free (613 area code): 1‐877‐956‐CRCA Fax: (613) 547‐6474 E‐mail: info@crca.ca Websites: www.crca.ca & www.cleanwatercataraqui.ca

May 17, 2019 Mr. Alex McLeod Natural Resources Conservation Policy Branch Ontario Ministry of Natural Resources and Forestry 300 Water Street Peterborough, ON K9J 8M5 mnrwaterpolicy@ontario.ca

Dear Mr. McLeod, RE:

CATARAQUI REGION CONSERVATION AUTHORITY COMMENTS ON ENVIRONMENTAL REGISTRY POSTING 013-4992: FOCUSING CONSERVATION AUTHORITY DEVELOPMENT PERMITS ON THE PROTECTION OF PEOPLE AND PROPERTY

Cataraqui Region Conservation Authority (CRCA) staff are writing to provide comments on the above-noted Environmental Registry posting for consideration by the Ontario Ministry of Natural Resources and Forestry (MNRF). These comments have been prepared in consultation with the CRCA Board.

Summary of Posting The Ontario government seeks to introduce a new regulation under Section 28 of the Conservation Authorities Act to indicate how conservation authorities (CAs) may regulate development activities in areas subject to natural hazards such as flooding and erosion. CRCA staff understand that the new regulation would: (1) replace the existing development regulations that are specific to individual CAs; (2) focus the CA development permitting process on natural hazards management (rather than ecological health or water quality), (3) enable CAs to exempt low-risk activities from approvals, and (4) direct CAs to implement the regulation in accordance with publicly-reviewed policies, mapping and service delivery standards. Page 1 of 4

Page 98 of 116 The Ministry has also indicated that relevant sections of the Conservation Authorities Act that were introduced in 2017 but remain un-proclaimed will be brought into effect.

CRCA Comments  General comments: o CRCA staff support in-principle the proposal to consolidate and harmonize the existing 36 individual conservation authority regulations under Section 28 of the Conservation Authorities Act into one regulation approved by the Minister of Natural Resources and Forestry. 

The regulation should be prepared with consideration for Ontario’s diverse geography (i.e. headwaters, rivers, inland lakes, Great Lakes, wetlands) and geology (e.g. Karst topography). A strength of conservation authorities is their ability to tailor programs to the specific natural hazards of a local area, in a manner that addresses the needs of local communities. The new regulation should support this approach and not diminish it.

o The posting indicates that definitions for key terms such as “conservation of land” and “wetland” would be added or updated via the new regulation. CRCA staff request that the Ministry confer with Conservation Ontario when preparing draft definitions for the regulation and refer to the relevant experience of CAs and case law. o The scope and purpose of the Ministry proposal to “Reduce regulatory restrictions between 30m and 120m of a wetland and where a hydrological connection has been severed” is unclear. CRCA staff request that the Ministry provide additional information about this proposal when consulting on the draft regulation. o CRCA staff understand that the Ministry intends to focus CA regulatory efforts under Section 28 of the Conservation Authorities Act on natural hazards management. However, there is a need to ensure that an appropriate regulatory framework is in place in Ontario to conserve natural features and functions that fall outside of this scope.

Page 2 of 4



Page 99 of 116 For example, there is a need to consider wetlands from a broader perspective that acknowledges their ecological and climate change benefits and ensures their conservation. The Wetland Conservation Strategy for Ontario 2017–2030 (MNRF 2017) indicates that the Ministry should “Review provincial laws, regulations and policies, with the goal of strengthening Ontario’s wetland policies.”

o CRCA staff support the proposed enactment of the “Part VII – Enforcement and Offences” section of the Conservation Authorities Act.

 Regarding the extent of regulated areas: 

CRCA staff request an opportunity to provide input to the Ministry about the section or schedule of the new regulation that would define the extent of regulated areas in the Cataraqui Region.



The extent of the regulated area should be defined primarily via text, and supported by mapping of flooding and erosion hazards where it has been prepared.



Additional mapping of flooding and erosion hazards should be prepared, and existing maps should be updated to reflect changing environmental conditions. The costs to prepare and update this information are more than CAs and their participating municipalities can reasonably sustain on their own. Provincial funding support will be required for tools such as floodplain mapping.



CAs regulate areas along the shorelines of the Great Lakes and refer to 1 in 100-year water levels for the Lakes when defining the extent of the flooding hazard. Those water levels were identified by the Ministry over 30 years ago (Great Lakes System Flood Levels and Water Related Hazards, 1989). The record-breaking water levels experienced on the Great Lakes in 2017 and 2019 suggest that a comprehensive review of the 1 in 100-year water levels is warranted.

Page 3 of 4

Page 100 of 116

Page 101 of 116 CATARAQUI REGION CONSERVATION AUTHORITY 1641 Perth Road, P.O. Box 160 Glenburnie, Ontario K0H 1S0 Phone: (613) 546‐4228 Toll Free (613 area code): 1‐877‐956‐CRCA Fax: (613) 547‐6474 E‐mail: info@crca.ca Websites: www.crca.ca & www.cleanwatercataraqui.ca

May 17, 2019

Ms. Carolyn O’Neill Great Lakes and Inland Waters Branch Ontario Ministry of the Environment, Conservation and Parks 40 St Clair Avenue West, Floor 10 Toronto, ON M4V 1M2

Dear Ms. O’Neill, RE:

CATARAQUI REGION CONSERVATION AUTHORITY COMMENTS ON ENVIRONMENTAL REGISTRY POSTING 013-5018: MODERNIZING CONSERVATION AUTHORITY OPERATIONS – CONSERVATION AUTHORITIES ACT

Cataraqui Region Conservation Authority (CRCA) staff are writing to provide comments on the above-noted Environmental Registry posting, along with Schedule ‘2’ to Bill 108, for consideration by the Ontario Ministry of the Environment, Conservation and Parks. These comments have been prepared in consultation with the CRCA Board.

Summary of Posting The Ontario government seeks to amend the Conservation Authorities Act to: (1) define mandatory programs for conservation authorities (CAs); (2) refine how CAs receive funding from participating municipalities for mandatory and non-mandatory programs; (3) enable the Minister to commission reviews of conservation authority operations; and, (4) clarify that the duty of conservation authority board members is to act in the best interest of the conservation authority.

Page 1 of 5

Page 102 of 116 Proposed amendments to the Conservation Authorities Act are outlined in Schedule ‘2’ to Bill 108, which received 1st Reading in the Legislative Assembly of Ontario on May 2, 2019.

CRCA Comments  CRCA staff support the comments that were submitted by Conservation Ontario regarding this posting on May 10, 2019.

 Regarding the proposed list of mandatory programs: o Bill 108 indicates that CA mandatory programs would be defined at Section 21.1 of the Conservation Authorities Act as those related to: (1) natural hazards; (2) conservation lands; (3) drinking water source protection; and, (4) other legislation (as prescribed by regulation). o With respect to natural hazards, CRCA staff request that CAs be afforded opportunities to contribute to the new task force that will consider the risk of flooding hazards in Ontario. A successful and longstanding partnership between the Province of Ontario, conservation authorities and municipalities has helped communities in CA watersheds to avoid or mitigate flood damages and the high costs of flood response and rebuilding. o CRCA staff request that “Conserving Natural Resources” be listed as an additional mandatory program. 

Conserving natural resources is acknowledged in the Made-inOntario Environment Plan (2018) as part of the core mandate of conservation authorities. As described in the comments submitted by Conservation Ontario (May 10, 2019), the 36 CAs offer a range of programs and services, suited to their watersheds and communities, to achieve natural resource conservation and support efforts by community partners.



CAs undertake environmental monitoring to understand the present and evolving condition of natural resources on a watershed basis. This foundational knowledge is reported to local communities and partner organizations. It supports decision-making and successful outcomes in the other proposed mandatory programs, contributes to the conservation of natural heritage and water resources, and supports climate change adaptation. Page 2 of 5

Page 103 of 116 

CAs also work to improve environmental conditions through stewardship initiatives, and share practical knowledge via education programs for people of all ages.



It is essential that CAs continue to be enabled to deliver programs that conserve natural resources on a consistent, watershed-wide basis.

o The implementing regulations should be prepared in consultation with CAs, municipalities and other stakeholders. 

There is a need to appropriately define the scope of each mandatory program area in the implementing regulations, while continuing to allow for variations between the CAs that reflect local watershed needs.



The effective delivery of the mandatory programs relies upon administrative and corporate services support (e.g. Board, management, accounting, communications, information technology). The scope of the programs should be defined accordingly.

 Regarding funding for conservation authority programs: o CRCA staff interpret Bill 108 to mean that CAs could continue to levy municipalities for mandatory programs (Section 21.1) but would need to enter into agreements with municipalities to collect revenues from them for non-mandatory programs (Sections 21.1.1 and 21.1.2). 

CRCA staff concur with the concerns raised by Conservation Ontario (May 10, 2019) regarding: (1) the administrative burden of the proposed approach; (2) the potential for the inconsistent delivery of non-mandatory programs within CA watershed jurisdictions; and, (3) the loss of financial economies of scale.

Page 3 of 5

Page 104 of 116 o CRCA staff request that the Ontario government continue to provide funding and technical support for CA natural hazard programs. 

CAs have worked with the Province, municipalities and others to successfully mitigate the impacts of flooding for more than 70 years.



The Made-in-Ontario Environment Plan (2018) identifies the increasing risk posed by flooding from extreme weather events. In this context, Provincial funding support and updated technical guidance for tools such as floodplain mapping, flood forecasting and warning, and water control structures will be necessary to protect life and property from harm.

o The proposed amendments to the Conservation Authorities Act would enable CAs to levy municipalities for drinking water source protection program costs. However, sole reliance on municipal funding for this Provincially-mandated program would result in uneven funding across Ontario. Further, if municipalities are compelled to cover the full cost of drinking water source protection, then they may not have funds available for other important but non-mandatory CA programs. CRCA staff request that the Ministry continue to provide funding support for drinking water source protection.

 Regarding a transition period: o The Environmental Registry posting indicates that there would be a transition period for CAs and municipalities to enter into agreements regarding non-mandatory programs. 

CRCA staff request that any transition period extend to at least December 2022 to coincide with the current term of municipal councils and allow enough time for related dialogue.

Page 4 of 5

Page 105 of 116

Page 106 of 116

May 29, 2019

Mr. John Ballantine Manager, Municipal Finance Policy Branch Ministry of Municipal Affairs and Housing 13th Floor, 777 Bay Street Toronto, Ontario M5G 2E5 Dear Mr. Ballantine: Re: Bill 108: Potential Changes to the Development Charges Act On behalf of our many municipal clients, by way of this letter we are summarizing our perspectives on the changes to the Development Charges Act (D.C.A.) as proposed by Bill 108. Watson & Associates Economists Ltd. Watson & Associates Economists Ltd. is a firm of municipal economists, planners and accountants, which has been in operation since 1982. With a municipal client base of more than 250 Ontario municipalities and utility commissions, the firm is recognized as a leader in the municipal finance/local government field. The firm’s Directors have participated extensively as expert witnesses on development charge (D.C.) and municipal finance matters at the Local Planning Appeal Tribunal (formerly known as the Ontario Municipal Board) for over 37 years. Our background in D.C.s is unprecedented including: • •

carrying out over one-half of the consulting work completed in Ontario in the D.C. field during the past decade; and providing submissions and participating in discussions with the Province when the D.C.A. was first introduced in 1989 and with each of the amendments undertaken in 1997 and 2015.

Changes to Eligible Services The Bill proposes to remove “soft services” from the D.C.A. These services will be considered as part of a new “community benefits charge” (discussed below) imposed under the Planning Act. Eligible services that will remain under the D.C.A. include water, wastewater, stormwater, services related to a highway, policing, fire, transit and waste diversion. Plaza Three 101-2000 Argentia Rd. Mississauga, Ontario L5N 1V9

Office: 905-272-3600 Fax: 905-272-3602 www.watsonecon.ca

Letter to Province re Bill 108 May 29 2019.docx

Page 107 of 116

As provided below (a detailed summary is provided in Appendix A), Province-wide this change would remove 20% of annual collections from the D.C.A. Table 1 - Development Charge Collections - 2013 to 2017 Service Category

Services Continued Within D.C.A.

Total Collections 2013 to 2017

Annual Average Collections

Percentage of Total

$ 8,069,285,661

$ 1,613,857,132

80%

1,967,192,671

393,438,534

20%

$ 10,036,478,333

$ 2,007,295,667

100%

Services to be Moved to Community Benefits Charge Total

Since it is unclear as to the potential ability to replace these revenues with the proposed community benefits charge, a number of concerns are raised: • •

• • •

Many municipalities have constructed facilities for these various services, and the ability to recoup the annual debt charges is in question. This lost revenue may shift the burden directly onto existing taxpayers. A number of municipalities enter into agreements to have the developing landowner fund certain services (e.g. parkland development) and provide D.C. credits at the time of building permit issuance. It is unclear how a municipality is to honour these commitments given the new revenue structure. Many municipalities have projects for these services in progress. The lost funding may put these projects in jeopardy. Many municipalities have borrowed D.C. revenues from another D.C. service to fund these expenditures. Once again, it is unclear how to fund these balances. Municipalities have concerns with the potential of the Minister to limit the scope of eligible services for which community benefits charges could be imposed through regulation, particularly as this might relate to future funding plans based on this revenue source.

Waste Diversion The Bill would remove the mandatory 10% deduction for this service. This change will be helpful to municipalities in funding this service. Moreover, the ability to forecast the increase in needs over a period longer than 10 years will allow municipalities to better determine the long-term average increase in needs.

Watson & Associates Economists Ltd. Letter to Province re Bill 108 May 29 2019.docx

PAGE 2

Page 108 of 116

Payment in Installments Over Six Years The Bill proposes that rental housing, non-profit housing and commercial/industrial/ institutional developments pay their development charges in six equal annual payments commencing the earlier of the date of issuance of a building permit or occupancy. If payments are not made, interest may be charged (at a prescribed rate) and may be added to the property and collected as taxes. As the proposed changes to the D.C.A. are to facilitate the Province’s affordable housing agenda, it is unclear why these installment payments are to be provided to commercial, industrial and institutional developments. Table 2 presents the number of non-residential building permits issued annually by Ontario municipalities over the period 2012 to 2017. Based on the past six years, municipalities would be managing installment collections on almost half a million building permits.

Table 2 - Non-residential Building Permits Issued - 2012 to 2017 Service 2012 2013 2014 2015 2016

2017

Total

Permits Issued

82,640

467,034

67,795

75,182

76,189

79,070

86,158

Source: Financial Information Returns - 2012 to 2017

Based on the above: •

•

Administration of this process to undertake annual collections, follow up on delayed payments, and pursue defaulting properties would increase administrative staffing needs significantly. If an ability to recover these administrative costs is not provided, then this would be a direct impact on property taxes. It is unclear what security requirements the municipality may impose. As the building permit is most often taken out by the builder, there is a disconnect with the potential owner of the building. We would recommend that the D.C.A. provide the ability to either receive securities or be able to register the outstanding collections on title to the property. The delay in receiving the D.C. revenue will impact the D.C. cashflow. As most of these “hard services” must be provided in advance of development occuring, it will require increased debt and borrowing costs. Added interest costs will place upward pressure on the D.C. quantum.

When the D.C. Amount is Determined The Bill proposes that the D.C. amount for developments proceeding by site plan approval or requiring a zoning by-law amendment, shall be determined based on the D.C. charge in effect on the day of the application for site plan approval or zoning bylaw amendment. If the development is not proceeding via these planning approvals,

Watson & Associates Economists Ltd. Letter to Province re Bill 108 May 29 2019.docx

PAGE 3

Page 109 of 116

then the amount is determined the earlier of the date of issuance of a building permit or occupancy. Based on the above: •

•

We perceive the potential for abuse with respect to the zoning change requirement. A minor change in a zoning would activate this section of the D.C.A. and lock-in the rates. This would give rise to enhancing the land value of the property as it has potentially lower D.C. payments. D.C.s tend to increase in subsequent five-year reviews, because the underlying D.C.A. index does not accuratley reflect the actual costs incurred by municipalities. Locking-in the D.C. rates well in advance of the building permit issuance would produce a shortfall in D.C. revenue, as the chargeable rates will not reflect the current rate (and therefore current costs) as of the time the development proceeds to be built. If municipalities are being required to maintain these charges, then the D.C.A. should provide for adjustment to reflect changes in actual costs, allow for ease of amendment between review periods, and index charges based on actual cost experience. There should be a time limit established in the D.C.A. as to how long the development takes to move from site plan application, or zoning application, to the issuance of a building permit. There is no financial incentive for the development to move quickly to building permit if this is not provided. Although the D.C.A. indicates that the Minister may regulate this, if no regulation is provided then the rates would be set in perpetuity.

Second Dwelling Units in New Residential Developments or Ancillary to an Existing Dwelling Unit are to be Exempt from Paying Development Charges We perceive that imposing an immediate exemption for a second unit in a new home will cause considerable problems for existing agreements with developers. Potential impacts could include: • •

•

For existing agreements and in certain circumstances, the developer may not recover the full amount of the agreed-to funding. Alternatively, the municipality may have to recognize the potential funding loss. The municipality then must generate the funding even though these expenditures were not planned. This may cause direct impacts on debt levels, tax/use rates or delays in future funding given the added net costs to build the infrastructure. The potential arises for the conditions within these agreements to now be challenged in court in light of the provincial regulation changes, giving rise to considerable legal expense, delays in development (given the uncertainty of the outcome) and loss of confidence in negotiating future agreements.

Watson & Associates Economists Ltd. Letter to Province re Bill 108 May 29 2019.docx

PAGE 4

Page 110 of 116

• •

Note also that, with respect to allocation of capacity for water and wastewater servicing, there may be further impacts given Environmental Assessment approvals for targeted development levels. Increasing the number of statutory exemptions also results in a revenue loss for municipalities that have to be funded from non-D.C. funding sources, thus increasing the obligation on property taxes.

Soft Services to be Included in a New Community Benefits Charge Under the Planning Act It is proposed that a municipality may, by by-law, impose community benefits charges against land to pay for the capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies. These services may not include those authorized by the D.C.A. Various provisions are proposed as follows: •

• • • • • • • •

Before passing a community benefits charge by-law, the municipality shall prepare a community benefits charge strategy that, (a) identifies the facilities, services and matters that will be funded with community benefits charges; and (b) complies with any prescribed requirements. Land for parkland purposes will be included in this charge. The amount of a community benefits charge payable shall not exceed an amount equal to the prescribed percentage of the value of the land as of the valuation date. The valuation date is the day before building permit issuance. Valuations will be based on the appraised value of land. Various requirements are set out in this regard. All money received by the municipality under a community benefits charge bylaw shall be paid into a special account. In each calendar year, a municipality shall spend or allocate at least 60 per cent of the monies that are in the special account at the beginning of the year. Requirements for annual reporting shall be prescribed. Transitional provisions are set out regarding the D.C. reserve funds and D.C. credits.

The proposed changes are limited, in that the details are left to be defined by Regulation. As such: •

•

More information is needed, as there are several key items to be included as part of the regulations; i.e. what items are to be included in community benefits charge strategy and what percentage of the “value of land” is to be eligible for collection. Depending on what is to be included in the community benefits charge strategy, this may be undertaken at a similar time as the D.C. background study. As

Watson & Associates Economists Ltd. Letter to Province re Bill 108 May 29 2019.docx

PAGE 5

Page 111 of 116

• •

•

noted, however, it is unclear as to the prescribed items to be included along with the process required to adopt the strategy and the by-law. The potential for future parkland is minimized by including it as part of the charge along with all other “soft services.” Concern is raised regarding what prescribed percentage of the land value will be allocated for the charge. If the same percentage is provided for all of Ontario, then a single family lot in Toronto valued at $2 million will yield 20 times the revenue of a $100,000 lot in eastern Ontario. Given that building costs for the same facilities may only vary by, say, 15%, the community benefits charge will yield nominal funds to pay for required services for most of Ontario. As such, if prescribed rates are imposed, these should recognize regional, in not areamunicipal, distinctions in land values. It is unclear how the community benefits charge will be implemented in a two-tier municipal system. Given that both the upper and lower tiers will have needs, there is no guidance on how the percentage of the land value will be allocated or how the process for allocating this would occur. Obviously, land values will vary significantly in urban versus semi-urban communities (e.g. in York Region, land value in Markham is significantly higher than in Georgina), so that the upper tier needs may only take, say, 30% of the allotted value in the urban areas but 75% to 90% of the allotted semi-urban or rural values. Given the need for appraisals and the ability of the applicant to challenge the appraisal, a charging system based on land values will be extremely cumbersome and expensive. It is unclear how appraisal costs are recovered and the appraisals may become significant costs on each individual property.

By-laws That Expire After May 2, 2019 The Bill provides in subsection 9.1 (1) that a development charge by-law expiring on or after May 2, 2019 and before the prescribed date shall remain in force as it relates to the soft services being moved to community benefits charges. Confusion is produced by this section of the Bill. There are many municipal D.C. bylaws (over 70) currently set to expire between May and August of this year. Until the Bill is passed into law, these D.C. by-laws will need to be replaced by new ones. This section of the Bill should be amended to reflect that the new D.C. rates in effect at the time of the new legislation coming into force will continue so as to not present confusion over rates as of May 2, 2019 versus rates passed under these new D.C. by-laws. Conclusions/Observations In late 2018/early 2019, the Province invited many sectors to participate in the Province’s Housing Supply Action Plan. This process included specialized Development Charges and Housing Affordability Technical Consultations undertaken to provide input to this Action Plan. From those discussion sessions undertaken with members of the development/building community, it was acknowledged that there are

Watson & Associates Economists Ltd. Letter to Province re Bill 108 May 29 2019.docx

PAGE 6

Page 112 of 116

challenges for the development/building community to address the housing needs for certain sectors of the housing market. Rental housing is one example of an area where the low profit margins and high risks may limit participation by developer/builders; however, there clearly does not appear to be a Province-wide concern with D.C. rates that would warrant a wholesale reduction/elimination of D.C.s for any particular service. Arising from those discussions it was expected that these matters would be the focus of the legislated changes; however, Bill 108 has varied significantly from that target: •

•

The Bill makes wholesale changes to the D.C.A. which will restrict revenues collected from all forms (and all prices) of housing. Hence, the target is no longer rental or affordable housing focused. Where municipalities have been developing D.C. policies and programs to address affordable housing needs directly, the loss of D.C. funding will make these programs unaffordable due to the overall revenue lost. The Bill has introduced changes to collections and locking in rates, which directly benefit commercial, industrial and institutional developments, that were not part of the Province’s Housing Supply Action Plan. It is unclear why this has been introduced. The six-payment plan for this sector is expected to be expensive and cumbersome to administrate. Many transitional items have not been addressed and it is unclear whether the developing land owner is responsible for potential revenue losses or whether that will be the responsibility of the municipality. These matters need to be addressed, otherwise time and money will be spent clarifying these matters in the courts. The Regulations to define the new community benefits charges have not been circulated with the Bill; hence, the magnitude of the impact cannot be calculated. It is anticipated, however, that a significant amount of revenue will be lost along with additional lands for park purposes. This either places a direct burden onto taxpayers or will reduce service levels significantly for the future.

Yours very truly, WATSON & ASSOCIATES ECONOMISTS LTD.

Gary D. Scandlan, B.A., PLE Director

Watson & Associates Economists Ltd. Letter to Province re Bill 108 May 29 2019.docx

Andrew Grunda, MBA, CPA, CMA Principal

PAGE 7

Page 113 of 116

Appendix A Development Charge Collections 2013 to 2017

Page 114 of 116

Appendix A: Development Charge Collections 2013 to 2017 Service

Development Charge Collections - 2013 to 2017 2014 2015 2016

2013

2017

Total

Average Annual

Services Continued Within D.C.A. Development Studies Fire Protection Police Protection Roads and Structures Transit Wastewater Stormwater Water GO Transit

6,785,229 19,100,753 16,473,155 459,358,776 76,809,022 226,276,592 35,407,598 249,052,732 7,594,651

D.C.A. Continued Services

$ 1,096,858,508

7,539,525 23,624,512 18,511,592 612,034,803 132,348,600 326,853,930 37,192,646 324,843,966 9,005,572

$ 1,491,955,146

9,634,244 24,765,253 20,652,998 690,333,195 130,908,057 366,627,394 36,127,040 373,922,202 10,515,931

$ 1,663,486,314

9,536,538 27,313,942 18,378,613 779,050,973 132,489,696 442,003,774 52,679,456 474,822,033 9,837,550

11,607,836 26,978,473 20,548,089 719,779,061 136,970,102 377,008,100 53,577,620 513,942,477 10,461,361

45,103,372 121,782,933 94,564,447 3,260,556,808 609,525,477 1,738,769,790 214,984,360 1,936,583,410 47,415,065

9,020,674 24,356,587 18,912,889 652,111,362 121,905,095 347,753,958 42,996,872 387,316,682 9,483,013

$ 1,946,112,574

$ 1,870,873,119

$ 8,069,285,661

$ 1,613,857,132

Services to Be Included Within New Section 37 Community Benefits Charge Emergency Medical Services $ Homes for the Aged Daycare Housing Parkland Development Library Recreation General Government Parking Animal Control Municipal Cemeteries Other Services to be Moved to $ Community Benefits Charge Total

3,112,736 3,073,247 2,499,810 17,947,287 64,269,835 28,579,595 113,885,296 12,050,045 1,906,154 18,224 38,942 100,284,812

4,765,936 2,939,550 3,301,019 18,658,790 88,966,081 33,673,639 139,822,233 12,270,754 3,594,036 16,511 69,614 88,219,453

5,128,696 3,743,039 3,088,376 19,786,738 84,900,635 32,963,569 162,878,471 12,829,713 4,821,705 44,952 55,007 84,354,637

4,840,840 3,595,331 1,760,689 16,116,747 73,762,908 33,161,869 165,794,581 21,443,520 3,986,887 23,839 170,736 82,829,254

5,773,536 4,297,427 2,473,840 21,684,247 87,751,688 34,690,844 160,313,825 8,654,142 3,947,438 15,205 108,145 71,435,996

23,621,744 17,648,594 13,123,734 94,193,809 399,651,147 163,069,516 742,694,406 67,248,174 18,256,220 118,731 442,444 427,124,152

4,724,349 3,529,719 2,624,747 18,838,762 79,930,229 32,613,903 148,538,881 13,449,635 3,651,244 23,746 88,489 85,424,830

347,665,983

396,297,616

414,595,538

407,487,201

401,146,333

$ 1,967,192,671

393,438,534

$ 2,272,019,452

$10,036,478,333

$ 2,007,295,667

$ 1,444,524,491

$ 1,888,252,762

$ 2,078,081,852

$ 2,353,599,776

Source: Financial Information Returns - 2013 to 2017

Watson & Associates Economists Ltd. Letter to Province re Bill 108 May 29 2019.docx

PAGE A-1

Page 115 of 116

Page 116 of 116

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2019-38 A BY-LAW TO CONFIRM GENERALLY PREVIOUS ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC. THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

The actions of the Council of the Corporation of the Township of South Frontenac at its Council Meeting of June 4, 2019 be confirmed.

Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.

This By-law shall come into force and take effect on the date of its passage.

Dated at the Township of South Frontenac this 4 day of June, 2019. Read a first and second time this 4 day of June, 2019. Read a third time and finally passed this 4 day of June, 2019.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

Angela Maddocks, Clerk

Help support independent journalism

If NFNM’s reporting matters to you, Buy Me a Coffee is a simple way to help keep local watchdog coverage going.