Council - 05 Oct 2021 - CANCELLED - Agenda — North Frontenac News Media

Published October 5, 2021

Word Count 25813 words

Reading Time 122 min read

Body: Council Type: Agenda Meeting: Regular Date: October 5, 2021 Collection: Council Agendas Municipality: South Frontenac

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Page 1 of 101

TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA

Audio Broadcast to the Townships’ Facebook Page https://www.facebook.com/SouthFrontenacTwp TIME: DATE: PLACE:

7:00 PM, Tuesday, October 5, 2021 Electronic Participation.

Call to Order and Roll Call

Resolution

Declaration of pecuniary interest and the general nature thereof

Approval of Agenda

Resolution

Scheduled Closed Session (at end of meeting)

Delegations - none

Public Meeting - not applicable

Approval of Minutes

September 21, 2021 Council Meeeting

Business Arising from the Minutes

Reports Requiring Action

Municipal Modernization Program - Intake 3

11 - 14

Speed Reduction Request – Davidson Side Road (Latimer Road to Holmes Road)

15 - 19

Site Plan Control Application SP-05-21-S, 2290998 Ontario Inc., Christel Lane

20 - 37

RC-21-06 (Allan) – Request to stop up, close and transfer an unopened road allowance

38 - 52

Committee Meeting Minutes

Police Services Board Meeting Minutes - July 22, 2021

By-laws

3 - 10

53 - 56

Page 2 of 101

First and Second Readings of By-laws

By-law 2021-55 - Site Plan Control Application SP-05-21-S, 2290998 Ontario Inc., Severed Parcel, Christel Lane

By-law 2021-56 - Site Plan Control Application SP-05-21-S, 2290998 Ontario Inc., Retained Parcel, Christel Lane

Reports for Information

Communal Services Draft Business Case Study

59 - 86

Ombudsman Report on Closed Meeting Investigation of the July 13, 2021 Special Committee of the Whole meeting

87 - 89

Information Items

Naming of Petworth Bridge

Notice of Motions

Announcements/Statements by Councillors

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

Closed Session

Resolution - That Council move into closed session as permitted by the Municipal Act, Section 239.2 c) to discuss two (2) items related to the proposed or pending acquisition of land by the municipality or local board.

Hinchinbrooke Rd - Pending Property Acquisition

Potential Road 38 Land Acquisition - Verbal Report

Resolution - Move out of Closed Session

Rise and Report from Closed Session

Resolution

Confirmatory By-law

By-law 2021-57

Adjournment

Resolution Natural, Vibrant and Growing - A Progressive Rural Leader

90 100

101

Page 3 of 101 Minutes of Council September, 21, 2021 Time: 7:00 PM Location: Electronic Participation

Meeting # 28 Present in Council Chambers: Mayor Ron Vandewal, Pat Barr, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff Present in Council Chambers: Neil Carbone - Chief Administrative Officer, Angela Maddocks - Clerk, Claire Dodds - Director of Development Services, Troy Dunlop Manager of Technical Services and Infrastructure, Christine Woods - Senior Planner. 1.

Call to Order and Roll Call

Resolution Resolution No. 2021-28-01 Moved by Councillor Sleeth Seconded by Councillor Morey That the Council meeting of September 21, 2021 be called to order at 7.00 p.m. Carried

Declaration of pecuniary interest and the general nature thereof

There were no declarations.

Approval of Agenda

Resolution Resolution No. 2021-28-02 Moved by Councillor Revill Seconded by Councillor Ruttan That the agenda for the September 21, 2021 Council meeting be approved as presented. Carried

Scheduled Closed Session - not applicable

Public Meeting

Resolution and Public Meeting Statement The Clerk provided direction to members of the public on being notified of the decision on this application and the appeal process. Resolution No. 2021-28-03 Moved by Councillor Sutherland Seconded by Deputy Mayor Barr That a public meeting be held to allow for input on planning matters related to Zoning By-law Amendment Application Z-21-17, Concession 11, Part Lots 6, 7 and 8 on Hinchinbrooke Road, Portland District. Carried

Page 4 of 101 Minutes of Council September, 21, 2021 b)

Zoning By-law Amendment Application Z-21-17 - Concession 11, Part Lots 6, 7 and 8 - Portland District (Allan) Christine Woods, Senior Planner explained that the subject property is located east of Verona on Hinchinbrooke Road. The 30 hectare (76.3 acre) property consists of forest and wetlands. The subject property has frontage on Little Mud Lake and Hardwood Creek. There are a number of lanes that all run through the subject property. Multiple residential waterfront properties are accessed from these lanes. The subject property be changed from Rural (RU) to Limited Service Residential – Waterfront (RLSW). The effect would be to acknowledge that although the property has frontage on Hinchinbrooke Road, it is accessed from Silver Rock Lane. Essentially, the property’s frontage is the intersection of the road and the lane. The RLSW zone is applicable to waterfront properties that are accessed from a private lane, such as Silver Rock Lane. The request is also being made in anticipation of provisional approval of multiple consent applications that are currently under review by the Township and identified in the mapping included in the presentation. Rezoning portions of the subject lands would be a condition of any consent approval. Consent applications S-31-21-P and S-32-21-P were for lot additions to two existing, developed, limited service residential waterfront properties and the provisional approval of the consent applications was granted subject to conditions by the Director of Development Services on August 6, 2021 as these consent applications met the criteria of an undisputed consent based on Delegation By-law 2020-27. Condition 10 requires the severed parcels (lot additions) to be rezoned to RLSW. The new zoning would bring the enlarged parcels into conformity with the Zoning By-law by placing it in one zone. Consent application S-67-21-P is also for a lot addition to an existing, developed, limited service residential waterfront property. Consent application S-51-21-P is for the creation of one new limited service residential waterfront property. These applications are currently under review by the Township. The subject lands are also subject to road allowance closure application RC21-06. According to application RC-21-06, the road allowance closure is being requested to facilitate a future lot addition trade with the landowner on the south side of the road allowance. Staff note that any future lot additions would be subject to consent applications. Ms. Woods noted that application RC-2106 has not come before Council yet and she confirmed that a change in zoning on the subject property would not impact or obligate Council to consider the road closing any differently than through the normal road closing process Comments have not yet been received from the Building Department (Sewage System Review) or from Quinte Conservation on this yet, however they will provide comments on the rezoning through their review of the consent applications. To date there have not been any public comments received on this application. With respect to the preliminary planning analysis, Ms. Woods explained that there are two main policy themes that apply to the proposed rezoning. These themes are (1) limited service residential development, and (2) protecting natural heritage resources for long-term use. Although the property has frontage on Hinchinbrooke Road, it is accessed from Silver Rock Lane, essentially, the property’s frontage is the intersection of the road and the lane. The RLSW zone is applicable to waterfront properties that are accessed from a private lane, such as Silver Rock Lane. For this reason, it is appropriate to consider this rezoning application for the entire parcel regardless of the outcome of any decision on the additional consent applications (i.e. S-51-21-P and S-67-21-P). Ms. Woods indicated that staff anticipate that consent application S-67-21-P, being a lot addition to an existing developed limited service residential waterfront property, will be an undisputed

Page 2 of 8

Page 5 of 101 Minutes of Council September, 21, 2021 consent. However, staff note that special zoning considerations may arise through the review of consent application S-51-21-P when the proposed severed and retained parcels are assessed for appropriate building envelopes and conditions of development. For example, a requirement for greater than 30 metre minimum building setbacks from the highwater mark and wetlands could be recommended by an agency. It is generally Township practice to rezone land following a conditional approval of a consent application. However, in this instance it makes sense to rezone the entire parcel knowing there are two additional, active consent applications that would require a rezoning as a condition of approval. It would not be efficient to require a separate additional rezoning application to address any special zoning considerations associated with a potential conditional approval of application S-51-21-P. As such, staff would only bring a report with a recommendation on application Z-21-17 to a future Council meeting after a decision has been made on application S-51-21-P. Councillor Morey asked for clarification on the collective rezoning of parcels and Ms. Woods indicated that staff anticipate all parcels will be required to be rezoned and this is the most efficient approach to take. There were no comments from the public. c)

Resolution - Close Public Meeting Resolution No. 2021-28-04 Moved by Councillor Morey Seconded by Councillor Sleeth That having provided an opportunity for input on planning matters, the public meeting be closed. Carried

Delegations

Brad McNevin, CAO, Quinte Conservation, re: Capital Reserve Account for Water and Erosion Control Projects Mr. McNevin joined the meeting virtually to address questions from Council with regard to the 10-year Capital Reserve Account for Water and Erosion Control Projects and the scope of work required to properly maintain the structure and ensure the safe operations, public safety and longevity of dams within South Frontenac. Mr. McNevin indicated he would provide a listing of structures that would be part of this projects within South Frontenac.

Nicki Gowdy and Louise Moody, Frontenac Transportation - Review of Services Nicki Gowdy and Louise Moody presented data on the user pay transportation service provided 7 days a week throughout Frontenac County. They noted that the provincial and federal governments have a definition of public transportation; rural communities that fall outside of urban boundaries have not been eligible to receive funding for their rural transportation programs which has limited the ability of rural municipalities to access funding to ensure residents are able to fully participate in society.

Approval of Minutes

August 13, 2021 Council Meeting Resolution No. 2021-28-05

Page 3 of 8

Page 6 of 101 Minutes of Council September, 21, 2021 Moved by Councillor Ruttan Seconded by Councillor Roberts That the minutes of the August 13, 2021 Council meeting be approved as presented. Carried b)

September 7, 2021 Council Meeting Resolution No. 2021-28-06 Moved by Councillor Roberts Seconded by Councillor Sleeth That the minutes of the September 7, 2021 Council meeting be approved. Carried

Business Arising from the Minutes - not applicable

Reports Requiring Action

Road Needs Study and Expanded Asset Data Collection Resolution No. 2021-28-07 Moved by Councillor Sleeth Seconded by Councillor Revill That Council approve the Terms of Reference for a Gravel Roads Needs Study as contained in Table 1 of the report from Troy Dunlop, Manager of Technical Services and Infrastructure dated September 21, 2021; and, That Council approve the expenditure of up to $150,000 from the Township’s Municipal Modernization Funding for the completion of the Gravel Roads Needs Study in 2022.

Resolution No. 2021-28-08 Moved by Councillor Sutherland Seconded by Councillor Ruttan First Amendment to 2021-28-07 That the “tax base” consideration be removed from the “expanded AMP data proposed” column of the report. Carried Resolution No. 2021-28-09 Moved by Councillor Sleeth Seconded by Councillor Morey Second Amendment proposed to to 2021-28-07 That the study includes the distinction between the approximate number of permanent and seasonal residents. Carried Resolution No. 2021-28-10 Moved by Councillor Sleeth Seconded by Councillor Revill That Council approve the Terms of Reference for a Gravel Roads Needs Study as contained in Table 1 of this report; and, That Council approve the expenditure of up to $150,000 from the Township’s Municipal Modernization Funding for the completion of the Gravel Roads Needs Study in 2022 as amended by Resolutions 2021-28-08 and 2021-28-09. Carried b)

PS-2021-26 Pump House Building Upgrades at Wilmer Park

Page 4 of 8

Page 7 of 101 Minutes of Council September, 21, 2021 Resolution No. 2021-28-11 Moved by Councillor Sutherland Seconded by Councillor Ruttan That Council approve the reallocation of unused funds from the Bowes Park Washrooms Renovations in the amount of $30,000.00 to the Wilmer Pump House Upgrade project; and That Council accept the bid from Ubcon Construction Limited in the amount of $43,971.00, excluding HST, for the upgrades to the Pump House Building at Wilmer Ball Park. Carried c)

2021 Community Grants - Intake 2 Recommendations Resolution No. 2021-28-12 Moved by Councillor Roberts Seconded by Deputy Mayor Barr That Council approve the three (3) Community Grant applications included in the Director of Corporate Services and Treasurer’s Report totalling $10,000; and, That any remaining 2021 community grant funds be carried forward to the 2022 budget. Carried

2021 COVID-19 Community Grants - Intake 2 Recommendations Resolution No. 2021-28-13 Moved by Councillor Sutherland Seconded by Councillor Roberts That Council approve the staff recommended COVID-19 Community Grant included in this report in the amount of $5,000 and That the balance of unspent funds from the Community Grant and Program Funding Streams, estimated at $100,000, be returned tot he Township’s Working Reserve. Carried

2022 Budget Schedule & Public Consultation Resolution No. 2021-28-14 Moved by Councillor Morey Seconded by Councillor Roberts That Council adopt the recommended 2022 budget cycle as presented in the report prepared by Louise Fragnito, Director of Corporate Services and Treasurer dated September 21, 2021 and That Council support the recommended changes to the public consultation process for the 2022 budget, including the addition of a community survey and the rescheduling of budget delegations as outlined in the report. Carried

Z-21-18 - Rezone from Quarry B Special Provision (QB-2) to Community Facility (CF-7) 4057 Milburn Road See By-law 2021-51 Resolution No. 2021-28-15

Page 5 of 8

Page 8 of 101 Minutes of Council September, 21, 2021 Moved by Councillor Roberts Seconded by Councillor Morey That Council confirms that there be no further notice of any changes made to Bylaw 2021-51 since the public meeting, pursuant to Section 34 (17) o the Planning Act. Carried g)

Z-21-19 - Application to remove Holding Zone - Cranberry Cove Plan of Condominium See By-law 2021-52

Amend By-law 2021-44 - Administrative Monetary Penalties See By-law 2021-53

Committee Meeting Minutes

Heritage Committee Meeting held April 1, 2021

Police Services Board Meeting held April 22, 2021

Lake Ecosystem Advisory Committee Meeting held May 19, 2021 Resolution No. 2021-28-16 Moved by Deputy Mayor Barr Seconded by Councillor Ruttan That Council receives for information the minutes of the following committee meetings: • Heritage Committee meeting held April 1, 2021 • Police Services Board Meeting held April 22, 2021 • Lake Ecosystem Advisory Committee meeting held May 22, 2021 Carried

By-laws

First and Second Readings of By-laws Resolution No. 2021-28-17 Moved by Councillor Sleeth Seconded by Councillor Roberts That the following by-laws be given first and second reading: • By-law 2021-51 • By-law 2021-52 • By-law 2021-53 Carried

By-law 2021-51 - Rezone from Quarry B Special Provision to Community Facility - 4057 Milburn Road Resolution No. 2021-28-18 Moved by Councillor Roberts Seconded by Councillor Sleeth That By-law 2021-51, being a by-law to amend By-law 2003-75, as amended, to rezone land from Quarry “B” - Special Provision (QB-2) to Community Facility (CF-7), 4057 Milburn Road, be given third reading, signed and sealed. Carried

Page 6 of 8

Page 9 of 101 Minutes of Council September, 21, 2021 c)

By-law 2021-52 - Remove the Holding “H’ Symbol for Vacant Land Plan of Condominium - Cranberry Cove Resolution No. 2021-28-19 Moved by Councillor Roberts Seconded by Councillor Sleeth That By-law 2021-52, being a by-law to remove the holding “H” symbol from the zoning map of Zoning By-law 2003-75 as amended, on units 1, 3 to 13 inclusive, Parts 1, 6 & 7 Plan 13R8978, except parts 1-5, Plan 13R18799 and Part 1, Plan 13R-19396, Vacant Land of Condominium # 83, Cranberry Cove, be given third reading, signed and sealed. Carried

By-law 2021-53 - Amend By-law 2021-44 - Administrative Monetary Penalties Resolution No. 2021-28-20 Moved by Deputy Mayor Barr Seconded by Councillor Roberts That By-law 2021-53, being a by-law to amend By-law 2021-44 (to impose Administrative Monetary Penalties) be given third reading, signed and sealed. Carried

Reports for Information

PS-2021-27 Accessible Washroom Upgrades - Bowes Ball Park

New Staff Report Templates

Accounts Payable and Payroll Listing

Information Items - not applicable

Notice of Motions - none

Announcements/Statements by Councillors

Councillor Sleeth inquired about the docks at the boat launch in Battersea given that the boating season is almost over. He noted the limited timing due to fish spawning. Mayor Vandewal reported that the docks are being constructed. He indicated that there will be some rehabilitation needed to the wall and the parking area The CAO indicated that he would follow up with Public Services staff about the timing of the installation and didn’t think there would be any piers required to be installed.

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

There were no questions of clarity.

Closed Session (if requested)

Confirmatory By-law

By-law 2021-54 Resolution No. 2021-28-21 Moved by Councillor Revill Seconded by Councillor Ruttan

Page 7 of 8

Page 10 of 101 Minutes of Council September, 21, 2021 That By-law 2021-54, being a by-law to confirm generally all actions and proceedings of the Council of the Corporation of the Township of South Frontenac on September 21, 2021 be given first and second reading. Carried Resolution No. 2021-28-22 Moved by Councillor Roberts Seconded by Councillor Morey That By-law 2021-54, being the confirmatory by-law, be given third reading, signed and sealed this 21 day of September 2021. Carried 19.

Adjournment

Resolution Resolution No. 2021-28-23 Moved by Councillor Sleeth Seconded by Councillor Sutherland That the Council meeting of September 21, 2021 be adjourned at 8:15 pm. Carried

Ron Vandewal, Mayor

Angela Maddocks , Clerk

Page 8 of 8

Page 11 of 101

To: Council Prepared by: Corporate Services Department Date of Meeting: October 5, 2021 Subject: Municipal Modernization Program – Intake 3

Summary The Municipal Modernization Program now has a third intake available which focuses on more efficient and modernized service delivery for small and rural municipalities. Staff are recommending an application to this intake for records digitization and process/content automation with a total cost of $150,000, requiring a municipal contribution of $52,500.

Recommendation That Council support the submission of an expression of interest for intake 3 of the Municipal Modernization Program based on the projects identified in this report; and, That Council approve funding the Township share of the projects in the amount of $52,500 to be allocated from Working Funds if the submission is successful; and, That authorization be given to the Mayor and Clerk to sign a transfer payment agreement with the Province for the funding if the submission is successful.

Background The Municipal Modernization Program (MMP) is a funding program offered by the Province of Ontario which began in early 2019. The program provides funds to small and rural municipalities to improve the delivery of program and services. Under the first intake, a joint Service Delivery Review with the other Frontenac municipalities was approved and has since been completed. Under the second intake, a joint application was submitted with Central Frontenac for a Joint Fire Hall and Fleet Location Study, which was also approved. The MMP now has a third intake available. Expressions of interest must be submitted by October 19, 2021 and projects must be completed by February 28, 2023. Decisions on the Expression of Interests will be announced in January 2022.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 12 of 101 Township of South Frontenac Staff Report - Municipal Modernization Program – Intake 3

Priority may be given to projects that address one or more of the following:    

Digital modernization Service Integration Streamlined Development Approvals Shared Services/Alternative Service Delivery Models

The project submitted must demonstrate evidence of savings or efficiencies to be realized through the project.

Discussion/Analysis The submission of a joint application with another municipality within the Frontenacs was considered by the Treasurers of both Central and North Frontenac but no current projects were felt could be submitted jointly at this stage. The Frontenac CAOs also discussed a joint application and are investigating a joint submission with the County for funding to support the implementation of LiDAR data to supplement the County’s GIS system, in partnership with Eastern Ontario Conservation Authorities. South Frontenac Application Staff are recommending a South Frontenac submission to this intake which incorporates:    

the digitizing of tax roll records along with building permit records the creation of a filing and retention structure for these digital records updates to the current digital accounts payable invoice approval/payment process creation of an intranet portal for staff access to forms and policies

The project would require: 

 

the hiring of temporary staff to scan current paper records into a newly created digital filing system for both tax roll and building permit records, estimated at $75,000 the purchase of enterprise content management and business process automation software, estimated at $50,000 Purchase of equipment such as computers at public services yards to provide access for employees who do not have a dedicated computer, estimated at $25,000

The digitizing of tax roll records and historical building permits would make available two rooms to be repurposed while providing easy access to these records from any location in a structured and consistent way. This will create efficiencies in staff’s time.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 13 of 101 Township of South Frontenac Staff Report - Municipal Modernization Program – Intake 3

The update to the accounts payable invoice approval and payment process will create efficiencies and automations in the current process where scanned vendor invoices are automatically directed to the responsible manager for approval and easy to review workflows where reminders can automatically be sent for invoices that are unapproved after a certain time period as well as better tracking of current invoice status. The software used for this update provides many other features including the creation of an intranet site that would allow staff secure easy centralized access to forms and policies regardless of their location. Staff is recommending the submission of an expression of interest under digital modernization in the amount of $150,000. The program supports 65% of the cost leaving the municipal share of the project at 35% or $52,500.

Financial Implications This project will only move forward if the expression of interest is successful. If successful, the Township share of the project is $52,500. It is recommended that this be funded from the Working Funds Reserve.

Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. 

Priority: 3. Ensure the organizational capacity to deliver cost-effective services in a changing world.

Notice/Consultation

Claire Dodds, Director of Development Services Kelly Watkins, North Frontenac Township Treasurer Michael McGovern, Central Frontenac Township Treasurer

Attachments None.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 14 of 101 Township of South Frontenac Staff Report - Municipal Modernization Program – Intake 3

Approvals Submitted By:

Louise Fragnito, Director of Corporate Services and Treasurer Approved By:

Neil Carbone Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 15 of 101

To: Council Prepared by: Public Services Deparment Date of Meeting: October 5, 2021 Subject:

Speed Reduction Request – Davidson Side Road (Latimer Road to Holmes Road)

Summary This report summarizes the outcomes of a speed limit review that was carried out by staff in response to a petition received relating to a 2.8km section of Davidson Road between Latimer Road and Holmes Road, and recommends a reduce speed in that area as a result.

Recommendation That Council approve the staff recommendation for the implementation of a 60km/hr speed limit on a 2.8km section of Davidson Road between Latimer Road and Holmes Road; And that Council direct staff to prepare an amendment to Roads, Traffic and Parking Bylaw 2001-01 to incorporate the proposed 60km/hr speed limit change on Davidson Road.

Background On March 9th, 2021, Mr. Harold Parsons submitted a petition on behalf of nine (9) local residents seeking to have a review of a speed limit reduction on Davidson Road between the west end of Latimer Road and Holmes Road. This 2.8km section of rural road is not currently posted and as such carries a default speed limit of 80km/hr according to Section 128 of the Ontario Highway Traffic Act. Details included with the petition had identified that the combination of the narrow road width and the frequent blind corners were a serious concern for the families and young children that actively walk and cycle along the roadway in the area. Further reports of excessive speeding and aggressive driving were also provided. On July 23, 2021, staff met on site with Mr. Parsons to learn more about the details of the local concerns and to share information regarding the technical review process and the legislated steps to be followed prior to consideration of any speed limit changes. At the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 16 of 101 Township of South Frontenac Staff Report - Speed Reduction Request – Davidson Side Road (Latimer Road to Holmes Road)

conclusion of the meeting a joint action plan was developed that would see the Town carry out the technical assessments in the month of August and report the associated findings and recommendations back in September. It was also reported that subject to the findings, a y-law would ultimately have to be passed to authorize any posted speed limit changes.

Discussion/Analysis The Township of South Frontenac does not currently have an established policy for the management of posted speed limits however speed limit changes have traditionally followed the Canadian Guidelines for Establishing Posted Speed Limits by the Transportation Association of Canada (TAC), 2009. This policy is similar to that used by the City of Kingston’s traffic division as part of its Guidelines for Establishing Posted Speed Limits. The TAC guideline is an assessment tool that looks at eleven (11) characteristics of a roadway and assigns an overall risk score based on an “objective and measurable” review of the characteristics of any roadway corridor. Items included within the TAC assessment tool are listed as follows:           

Geometry (Horizontal) Geometry (Vertical) Average Lane Width Roadside Hazards Pedestrian Exposure Cyclist Exposure Pavement Surface Number of Intersections Number of Private Access Driveways Number of Interchanges On-Street Parking

Staff broke the traffic review into two distinct study areas (see attached plan) with the understanding that the overall segment was quite long at 2.8km. Study area A included the 1.3km section of Davidson Road from Latimer Road to Mowoods Lane which was a relatively straight section of roadway. Study area B included the 1.5km winding section of Davidson Road that connected Mowoods Lane to Holmes Road. Both of the study areas were reviewed in the field in August and were subjected to the TAC review tool in early September.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 17 of 101 Township of South Frontenac Staff Report - Speed Reduction Request – Davidson Side Road (Latimer Road to Holmes Road)

At the conclusion of the technical review, the TAC assessment tool had identified the following risk scores and outcomes: Segment

Road Class (TAC)

Length (km)

Total Risk Score

Current Speed Limit

TAC Recommended Speed Limit

Segment A – Davidson Rd Latimer Rd to Mowoods Ln

Rural Local

1.3

Segment B – Davidson Rd Mowoods Ln to Homes Rd

Rural Local

1.5

Based on the outcomes, the TAC assessment tool recommends that the maximum speed limit of 60km/hr be posted on the 2.8km rural section of Davidson Road. In addition, staff intend to install some additional warning signage at the location of significant curves. On September 24th, the detailed results of the speed assessment were shared with Mr. Harold Parsons (petition lead) and the outcomes were both accepted and supported. Staff are therefore recommending that Council approve the implementation of a 60km/hr zone in this rural residential area and that staff be directed to prepare the necessary amendments to the Roads, Traffic and Parking Bylaw 2001-01.

Financial Implications The process of carrying out the speed reviews under this petition included an estimated fifteen hours of work when considering background research, correspondence, site meetings, site evaluations, and preparation of final reports. We estimate the internal administration costs for the review to be in the order of $975. The estimated costs for labour and material to supply and install four new speed limit signs along Davidson Road is expected to be approximately $370 which will be covered under the operating budget for roads.

Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan.  

Priority: Choose an item. Action Item (if applicable):

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 18 of 101 Township of South Frontenac Staff Report - Speed Reduction Request – Davidson Side Road (Latimer Road to Holmes Road)

Notice/Consultation  

Petition Holder Manager of Fleet and Operations

Attachments 

Location Map and Area Speed Zones

Approvals Submitted By:

W. Troy Dunlop, C.E.T. Manager of Technical Services and Infrastructure Approved By:

Neil Carbone Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Study Limits - Davidson Road

Legend Assessment Parcels Citations

3.7

1.83

3.7 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 YELLOW = 50km/hr GREEN = 60km/hr

Page 19 of 101

1: 72,224

Page 20 of 101

To: Council Prepared by: Development Services Department Date of Meeting: October 5, 2021 Subject:

Site Plan Control Application SP-05-21-S, 2290998 Ontario Inc., Christel Lane

Summary This report recommends that Council pass by-laws to approve Site Plan Control agreements for two (2) properties on Christel Lane (Storrington District) resulting from a severance. Site Plan Control is a requirement to ensure that the Township’s development and environmental standards will be met on new properties.

Recommendation THAT By-law 2021-55 to authorize the Mayor and Clerk to enter into Site Plan Agreements with the Owner, 2290998 Ontario Inc., for the severed parcel from Consent Application S-02-20-S on Parts 4 to 14 on Plan 13R22179, Part of Lot 20, Concession 9, Geographic Township of Pittsburgh, District of Storrington, Township of South Frontenac be passed. AND THAT By-law 2021-56 to authorize the Mayor and Clerk to enter into Site Plan Agreements with the Owner, 2290998 Ontario Inc., for the retained parcel from Consent Application S-02-20-S on Parts 4 to 14 on Plan 13R22179, Part of Lot 20, Concession 9, Geographic Township of Pittsburgh, District of Storrington, Township of South Frontenac be passed.

Background The subject lands are subject consent application S-02-20-S to create one residential lot. Provisional approval of the consent application was granted subject to conditions by the Director of Development Services on May 17, 2021 as this consent application met the criteria of an undisputed consent based on Delegation By-law 2020-27. Condition 9 requires the Owner to enter into a site plan agreement with the Municipality to be registered on title to the severed parcel to address the development of the lot. A site plan agreement is also required for the retained parcel under Site Plan Control By-law 2003-25.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 21 of 101 Township of South Frontenac Staff Report - Site Plan Control Application SP-05-21-S, 2290998 Ontario Inc., Christel Lane

On September 7, 2021, Council passed By-law 2021-47 to rezone the retained parcel from Rural (RU) to Limited Service Residential – Waterfront (RLSW), and to rezone the severed parcel from Rural (RU) to Limited Service Residential – Waterfront – Special Provision (RLSW-129). The RLSW-129 zone requires all buildings and structures to be setback a minimum of 40 metres from the highwater mark of the northern shoreline.

Discussion/Analysis Site plan control is required for the subject lands to address the development of the severed and retained parcels and environmental standards of the Township. Separate site plans and site plan agreements were prepared for the severed parcel and the retained parcel. The site plans and site plan agreements reserve areas for sewage systems, identify building envelopes that meet all applicable zone provisions, require runoff control, and require maintaining natural vegetation buffers. They also incorporate all recommendations of the Hutchinson Analysis to Determine Shoreline Setbacks (Ecological Services, March 18, 2021) and the Species at Risk EIA (Ecological Services, August 22, 2021), which were prepared in support of the consent and rezoning applications. Site plan control is being applied to the subject lands in advance of a specific development proposal. As such, the site plans and site plan agreements identify building envelopes rather than specific footprints and dimensions to provide flexibility for the final placement and size of dwellings. The Owner will need to confirm that the placement of all buildings and structures complies with the site plan and site plan agreement at the building permit application stage. This would be done as part of the required lot grading and drainage plan prepared by an Ontario Land Surveyor or Professional Engineer. The Owner would need to apply to the Municipality to have the applicable site plan agreement amended to reflect any deviation from the approved site plan. Any amended agreement would be brought to Council for approval. The site plan agreements bind current and future owners of the subject property and will be registered on the title of the lands by the Owner’s solicitor. The Owner has reviewed the site plan agreements and indicated their concurrence. Original signed copies of the agreements will be provided to the Township prior to Council passing a by-law.

Financial Implications Not applicable.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 22 of 101 Township of South Frontenac Staff Report - Site Plan Control Application SP-05-21-S, 2290998 Ontario Inc., Christel Lane

Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan.  

Priority: Choose an item. Action Item (if applicable):

Notice/Consultation The site plan agreements and site plan drawings incorporate comments received from Building Services, Public Services and the Rideau Waterway Development Review Team (Cataraqui Conservation and Parks Canada) through consent application S-02-20-S.

Attachments

Site Plan Drawing
Site Plan Agreements
Site Plan By-laws (under By-law section of agenda)

Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:

Claire Dodds, MCIP, RPP Director of Development Services Approved By:

Neil Carbone Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 23 of 101 1

SITE PLAN CONTROL AGREEMENT

THIS AGREEMENT made in triplicate this _____ day of

, 2021.

BETWEEN: 2290998 ONTARIO INC. hereinafter referred to as the “OWNER” OF THE FIRST PART

and THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC hereinafter referred to as the “Municipality” OF THE SECOND PART WHEREAS the Owner is the registered owner in fee simple of certain lands located in the Township of South Frontenac (the “Lands”); AND WHEREAS it was a condition of provisional approval of consent application S-02-20-S that the Owner enter into this site plan agreement with the Municipality on the terms set out; AND WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 of the Planning Act; NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties agree each with the other as follows:

The Owner covenants that the Owner is the Owner in fee simple of the Lands described in Schedule “A” attached hereto.

The Owner covenants and agrees with the Municipality as follows: 2.1

General 2.1.1

That development shall be in accordance with the Site Plan Drawing, attached hereto in Schedule “B”.

2.1.2

That the uses on the subject property are limited to a single detached dwelling and accessory buildings and structures.

2.1.3

That a single detached dwelling shall be located within the Building Envelope shown on the Site Plan Drawing.

Page 24 of 101 2

2.1.4 2.1.5

That any accessory buildings and structures shall not be placed within the required front yard and setback from the highwater mark. That regarding the sewage disposal system: 2.1.5.1

The area of the sewage disposal system shown on the Site Plan Drawing shall be expressly reserved for a sewage disposal system.

2.1.5.2

The sewage disposal system shall be designed by a Professional Engineer with expertise in the field, due to the complexity of the property and distance between the building envelope and location of the sewage disposal system.

2.1.5.3

Any deviation to the location of the sewage disposal system shall be supported by a Professional Engineer with expertise in the field, and approved by the Chief Building Official.

2.1.5.4

Any deviation to the location of the sewage disposal system shall require the Owner to apply for, and enter into an amended agreement to be registered against the title of the Lands.

2.1.6

That the Owner shall comply with any amendments, additions or deletions to the Site Plan Drawing that the Municipality may reasonably require after the date of this Agreement in order to better ensure the proper and orderly development of the Owner’s Lands and the construction of the works and facilities required by this Agreement. The Director of Development Services shall confer with the Chief Administrative Officer, Senior Planner, Chief Building Official, and Conservation Authority before considering any minor amendment to the site plan drawings and/or terms of this agreement.

2.1.7

That the Owner agrees to take all reasonable precautions to reduce dust, noise and other nuisances and to ensure public safety during the development of the Owner’s Lands and construction of the works and facilities required by this Agreement.

2.1.8

That the Owner may be required to obtain a permit from Cataraqui Conservation for any development or site alteration proposed from the lake to within 15 metres of the top of bank, as per the Ontario Regulation 148/06 Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses.

2.1.9

That a dock may be permitted subject to all applicable approvals.

2.1.10 That construction and maintenance of a dock shall occur outside of the timeframe when fish are spawning. 2.2

Environmental Protection 2.2.1

That the land between the shoreline and the dwelling must be maintained as a natural buffer with no alteration of soil mantle or vegetation cover, except for a maximum 1.5 metre wide path. There shall be no cutting of trees within the natural buffer area except for safety reasons or for the removal of dead trees. Any structure (e.g. staircase) required to access the shoreline shall be designed by a qualified professional to ensure that the installation and use of the structure will not create or aggravate an erosion

Page 25 of 101 3

hazard on the slope. Such structures may be permitted subject to all applicable approvals.

2.3

2.2.2

That erosion control measures (e.g. silt fence, straw bales) will be used during any construction and will remain in place until any ground cover disturbed during construction has been re-established. Ground cover will be re-established as soon as possible upon completion of construction.

2.2.3

That runoff from the Building Envelope shown on the Site Plan Drawing shall be directed to the west and into a pipe along the side of the driveway and lane towards a natural depression to the north, per the Hutchinson Analysis to Determine Shoreline Setbacks: Christel Lane Severance attached hereto in Schedule “B”.

2.2.4

That there shall be no filling or false grading of excavated materials within 40 metres of the highwater mark. The exception will be for allowance for landscaping materials for the final grade next to the dwelling.

2.2.5

That the Owner is responsible to comply with the provisions of the Endangered Species Act, 2007. Sections 9 and 10 of the Endangered Species Act provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as extirpated, endangered or threatened. If an activity may cause adverse impacts to a species at risk and/or their habitat, authorization under the ESA may be required prior to conducting the activity.

2.2.6

That there shall be no no tree clearing during the breeding bird season (April 15 to August 15), unless it has been confirmed by a qualified biologist that birds are not nesting in the trees that need to be removed. This is to avoid a possible contravention of the Migratory Birds Convention Act.

2.2.7

That there shall be no tree clearing, and especially clearing of dead trees, during the bat roosting season (April 15 to Sept. 15), unless it has been confirmed by a qualified biologist using either exit surveys or acoustic surveys that bats are not roosting in the trees that need to be removed. This is to avoid a possible contravention of the Endangered Species Act.

Lot Grading and Drainage 2.3.1 That prior to the Municipality issuing a building permit for the construction of a single detached dwelling and sewage disposal system on the Lands, the Owner shall provide a Grading and Drainage Plan prepared by a licensed Ontario Land Surveyor or a Professional Engineer that addresses at a minimum and without limitation, locations of building(s), well and sewage disposal system, as well as existing and proposed grades and drainage patterns, to the satisfaction of the Municipal Engineer. 2.3.2 That the Owner is required to submit a grading security (deposit) in the amount of $3,000 prior to the issuance of a building permit. The security shall be released upon the approval of a certificate stamped by the Owner’s Engineer confirming that grading generally conforms to the Grading and Drainage Plan. If the Municipal Engineer rejects a lot grading certificate, the cost for any further review shall be deducted from the deposit.

Page 26 of 101 4

2.4

Limited Services 2.4.1 That the Municipality does not maintain or repair and will have no obligation to maintain or repair the private lane that provides access to the Lands or to perform or provide any other municipal services normally associated with public highways within the Municipality. 2.4.2 That the Municipality shall not be responsible for providing fire, ambulance and other emergency services to the Lands if the operator of the emergency vehicle, having made reasonable efforts in the circumstances, determines that the condition of the private lanes or driveways as constructed or maintained at the time, prevents the vehicle from being operated properly or safely in order to access or exit the Lands. 2.4.3 That the Owner hereby agrees to indemnify and save harmless the Municipality against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of any matter under this Agreement, including without limitation any actions, causes of action, suits, claims, demands or costs directly or indirectly related to the construction, use, operation or maintenance of the private lane, including the inability to operate an emergency vehicle properly or safely in order to access or exit the Lands due in whole or in part to the condition of the private lanes or driveways at the time.

3.0

This agreement shall be registered against the title to the Lands by the Owner and the Municipality shall be entitled to enforce its provisions against the Owner and any or all subsequent owners of the Lands.

4.0

If the Owner fails or refuses for any reason to comply with any requirements of this agreement, the Owner shall be in default and the Municipality may, on fifteen (15) days’ notice, require the Owner to remedy the default, failing which the Municipality may, without further notice and without prejudice to any other rights and remedies available to it, do such things and perform such work as is necessary to rectify the default.

5.0

Any account rendered by the Municipality for work done shall be paid by the Owner within thirty (30) days of the day of billing, and, if the Owner fails to pay, interest shall be charged on the amount outstanding at the rate of one and one quarter (1.25%) per months (15% per annum) on the first day of each calendar month following the date the account was due. Any payments received on accounts rendered shall be applied first to any outstanding interest, which may have accrued, and the balance shall be applied to reduce the principal amount outstanding.

6.0

If the Municipality incurs any expense arising out of the terms of this Agreement, the Municipality may recover the amount in like manner as municipal taxes or by action, pursuant to Section 42.7 of the Municipal Act.

7.0

All costs necessary to fulfill any condition of this agreement, and all costs incurred by the Municipality in connection with the preparation, execution, registration or enforcement of this Agreement shall be paid by the Owner.

8.0

This Agreement shall enure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties.

Page 27 of 101 5

IN WITNESS WHEREOF the parties hereto have by the hands and seals executed this agreement as of the first date set out above. SIGNED, SEALED AND DELIVERED: THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal - Mayor

Angela Maddocks - Clerk We have authority to bind the Corporation 2290998 ONTARIO INC.

Martha Beach – President I have authority to bind the Corporation

Page 28 of 101 6

SCHEDULE “A” OWNER’S LANDS Legal Description: (to be updated before registration) Parts 4 to 14 on Plan 13R22179, Part of Lot 20, Concession 9, Geographic Township of Pittsburgh, District of Storrington, Township of South Frontenac, County of Frontenac

Page 29 of 101 7

SCHEDULE “B” DRAWING AND REPORT LIST Site Plan Drawing

Title of drawing to be added once complete

Report

Hutchinson Analysis to Determine Shoreline Setbacks: Christel Lane Severance, prepared by Ecological Services, dated March 18, 2021

Report

Species at Risk EIA, Christel Lane Severances on Dog Lake, prepared by Ecological Services, dated August 22, 2021

THE ORIGINAL OF ALL PLANS LISTED IN THIS SCHEDULE AND INCORPORATED BY REFERENCE INTO THIS AGREEMENT ARE ON FILE IN THE OFFICE OF THE SOUTH FRONTENAC DEVELOPMENT SERVICES DEPARTMENT AND SHALL GOVERN IN THE EVENT OF ANY DISPUTE.

Page 30 of 101 1

SITE PLAN CONTROL AGREEMENT

THIS AGREEMENT made in triplicate this _____ day of

, 2021.

BETWEEN: 2290998 ONTARIO INC. hereinafter referred to as the “OWNER” OF THE FIRST PART

and THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC hereinafter referred to as the “Municipality” OF THE SECOND PART WHEREAS the Owner is the registered owner in fee simple of certain lands located in the Township of South Frontenac (the “Lands”); AND WHEREAS Site Plan Control By-law 2003-25 applies to lands within 90 metres of a waterbody and requires that the Owner enter into this site plan agreement with the Municipality on the terms set out. AND WHEREAS the Municipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 of the Planning Act; NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties agree each with the other as follows:

The Owner covenants that the Owner is the Owner in fee simple of the Lands described in Schedule “A” attached hereto.

The Owner covenants and agrees with the Municipality as follows: 2.1

General 2.1.1

That development shall be in accordance with the Site Plan Drawing, attached hereto in Schedule “B”.

2.1.2

That the uses on the subject property are limited to a single detached dwelling and accessory buildings and structures.

2.1.3

That a single detached dwelling shall be located within the Building Envelope shown on the Site Plan Drawing.

Page 31 of 101 2

2.1.4

That any accessory buildings and structures shall not be placed within the required front yard and setback from the highwater mark.

2.1.5

That regarding the sewage disposal system: 2.1.5.1

The area of the sewage disposal system shown on the Site Plan Drawing shall be expressly reserved for a sewage disposal system.

2.1.5.2

2.1.5.3

Any deviation to the location of the sewage disposal system shall be supported by a Professional Engineer with expertise in the field, and approved by the Chief Building Official.

2.1.5.4

Any deviation to the location of the sewage disposal system shall require the Owner to apply for, and enter into an amended agreement to be registered against the title of the Lands.

2.1.6

2.1.7

2.1.8

2.1.9

That a dock may be permitted subject to all applicable approvals.

2.1.10 That construction and maintenance of a dock shall occur outside of the timeframe when fish are spawning. 2.2

Environmental Protection 2.2.1

Page 32 of 101 3

trees within the natural buffer area except for safety reasons or for the removal of dead trees. Any structure (e.g. staircase) required to access the shoreline shall be designed by a qualified professional to ensure that the installation and use of the structure will not create or aggravate an erosion hazard on the slope. Such structures may be permitted subject to all applicable approvals.

2.3

2.2.2

2.2.3

That runoff from the Building Envelope shown on the Site Plan Drawing shall be directed to the west into a natural depression per the Hutchinson Analysis to Determine Shoreline Setbacks: Christel Lane Severance attached hereto in Schedule “B”.

2.2.4

That there shall be no filling or false grading of excavated materials within 30 metres of the highwater mark. The exception will be for allowance for landscaping materials for the final grade next to the dwelling.

2.2.5

2.2.6

2.2.7

Page 33 of 101 4

Drainage Plan. If the Municipal Engineer rejects a lot grading certificate, the cost for any further review shall be deducted from the deposit. 2.4

3.0

4.0

5.0

6.0

7.0

Page 34 of 101 5

8.0

This Agreement shall enure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties. IN WITNESS WHEREOF the parties hereto have by the hands and seals executed this agreement as of the first date set out above. SIGNED, SEALED AND DELIVERED: THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal - Mayor

Angela Maddocks - Clerk We have authority to bind the Corporation 2290998 ONTARIO INC.

Martha Beach – President I have authority to bind the Corporation

Page 35 of 101 6

Page 36 of 101 7

SCHEDULE “B” DRAWING AND REPORT LIST Site Plan Drawing

Title of drawing to be added once complete

Report

Hutchinson Analysis to Determine Shoreline Setbacks: Christel Lane Severance, prepared by Ecological Services, dated March 18, 2021

Report

Species at Risk EIA, Christel Lane Severances on Dog Lake, prepared by Ecological Services, dated August 22, 2021

Page 37 of 101

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Page 38 of 101

To: Council Prepared by: Development Services Department Date of Meeting: October 5, 2021 Subject:

RC-21-06 (Allan) – Request to stop up, close and transfer an unopened road allowance

Summary This report seeks Council approval to consider an application to stop up, close and transfer a portion of unopened road allowance. The Township’s current process requires Council approval before proceeding to a statutory public meeting. Council is not considering the closure or transfer of the road allowance at this meeting.

Recommendation That Council direct staff to move forward with the process of closing and transferring ownership of a 20 metre (66 foot) by approximately 241.64 metre (793 foot) portion of unopened road allowance located between Concessions 10 & 11, lying west of Part 2, Plan 13R5315 and east of Hardwood Creek, district of Portland, to enlarge an adjacent parcel of land owned by the applicant.

Background Staff have received an application requesting part of the road allowance between Concessions 10 & 11, lying west of Part 2, Plan 13R5315 and east of Hardwood Creek, district of Portland be stopped up, closed and transferred to the abutting property owner, shown in Attachment #1. The applicant has indicated on the Application that the transfer of this portion of the road allowance will facilitate a future lot addition application that will allow for a land swap and proposed land assembly as shown in Attachment #2. The road allowance is aligned from east to west across a large peninsula surrounded by Hambly Lake on the east side and Hardwood Creek on the west side. The property to the north will be the benefitting lands and is accessed by Silver Rock Lane, it is currently vacant and is also subject to planning applications S-31-21-P (lot addition), S-32-21-P (lot addition), S-51-21-P (new lot creation) and S-67-21-P (lot addition), shown in Attachment #3. The property to the south is accessed by Cedarwoods Lane and pending approval of

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 39 of 101 Township of South Frontenac Staff Report - RC-21-06 (Allan) – Request to stop up, close and transfer an unopened road allowance

the road closing, there will be a lot addition application that will be received from each property owner to facilitate a property swap as shown in Attachment #2. The benefitting property is currently approximately 76 acres in size. Following the decisions on the proposed planning applications the benefitting property will be approximately 40 acres in size with waterfrontage along Hardwood Creek and Little Mud Lake. The road allowance proposed to be stopped up, closed and transferred is a remnant parcel from the original road allowance that stretched across the entire peninsula. The road allowance has previously been stopped up, closed and transferred in three portions and added to abutting lands. The first closure was in 1985, the property municipally known as 2098 Hambly Lane applied to the Portland Township Council and a by-law was passed to stop up close and transfer Part 2 on Reference Plan 13R6286. 2098 Hambly Lane is shown on Attachment #1. The by-law and minutes for this matter are Attachment #4. The second parcel to stop-up close and transfer a portion of the road allowance was in 1990/1991, the property municipally known as 2097 Hambly Lane applied to Portland Township Council and a by-law was passed to stop-up, close and transfer Part 2 on Plan 13R9824, (Attachment #5). The final closure was in 2000, the property municipally known as 2245 Silver Rock Lane applied to Portland Township Council and a by-law was passed to stop up, close and transfer Part 2 Plan 13R5315 (Attachment #6).

Discussion/Analysis Planning Staff and Public Services staff visited the site on September 15, 2021. Public Services staff advised the road allowance offers very little practical use due to topography, lack of connectivity and the low quality of waterfront for recreational water access. Planning staff have reviewed the property assembly in this location and view this application as an opportunity to clean up a small, stranded parcel of unopened road allowance. The portion of road allowance that is being proposed to be stopped up, closed and purchased is a remnant piece that can only be accessed by private property and a wetland. Due to the wetland involved in this matter, it is recommended that Quinte Conservation be circulated as part of the Public Notice process for their comments with respect to the wetland. Based on Township policy, the purchase price for the first 300 x 66 foot portion that abuts Hardwood Creek (the benefitting lands waterfront) would be charged at $2.41 per square foot (66 x 300 = 19,800 square feet @ $2.41 per square foot = $47,718.00). The remaining portion that lies outside 300 feet of the waterfront would be charged at $0.21 per square foot (66 x 492.78 = 32,523.5 square feet @ $0.21 per square foot = $6,830.00), the sale price of the road allowance would be approximately $54,548.00 plus HST(13%).

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 40 of 101 Township of South Frontenac Staff Report - RC-21-06 (Allan) – Request to stop up, close and transfer an unopened road allowance

Staff is seeking direction as to whether Council has any objections or concerns with the closure and transfer of this unopened portion of road allowance to facilitate the enlargement of lands. If Council approves, staff will begin the process to stop up and close the portion of the unopened road allowance between Concessions 10 & 11, District of Portland, Township of South Frontenac.

Financial Implications The application fee and legal deposit has been paid by the applicant to process this road closing application. In the event that the closing and transfer is approved, a final purchase price would be determined once the surveyor has completed a survey of the pertinent section of the road allowance. Fees to survey the portion to be transferred would be paid by the applicant.

Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan.  

Priority: Choose an item. Action Item (if applicable):

Notice/Consultation

Public Services Department

Further public consultation will occur should Council provide direction to staff to move forward with this application.

Attachments      

Attachment #1 – Location Map Attachment #2 – Land Swap Sketch Attachment #3 – Current Planning Application Map Attachment #4 – Minutes & By-Law for 2098 Hambly Lane Attachment #5 – Minutes & By-Law for 2097 Hambly Lane Attachment #6 – Minutes & By-Law for 2245 Silver Rock Lane

Approvals Report author: Michelle Hannah, Planning Assistant www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 41 of 101 Township of South Frontenac Staff Report - RC-21-06 (Allan) – Request to stop up, close and transfer an unopened road allowance

Submitted By:

Claire Dodds Director of Development Services Approved By:

Neil Carbone Chief Administrative Officer

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

4212 PINE RIDGE DR

Hardwood Creek

1103 STORMS LANE

LA NE

N CK LA

Spring Lake STO

RO SILVER

OKE ROA

Verona Lake

Little Mud Lake

HINCHIN BRO

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Inset Map

1134 STORMS LANE

Hambly Lake

RC-21-06

Little Mud Lake

1136 STORMS LANE

(ALLAN) HINCHINBROOKE ROAD

Verona Lake

Legend

1154 STORMS LANE

Subject Property 5743 HINCHINBROOKE RD

1160 STORMS LANE

Assessment Parcel Road

HI N CH

ROO INB

1036 SLEEPY HOLLOW LANE

Hambly Lake

2107 HAMBLY LANE

While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Hambly Lake

Scale 1:6,000 0 20 40 80 120 160

1010 NESBITT LANE

Meters UTM Zone 18 NAD 83

Page 42 of 101

ProposedHambly Road Allowance Lake Closure/Purchase (RC-21-06)

2103 HAMBLY LANE

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020. 5651 HINCHINBROOKE RD

2097 HAMBLY LANE

2098 HAMBLY LANE 2098 HAMBLY LANE

1189 CEDARWOODS LANE

2091 HAMBLY LANE

1042 SLEEPY HOLLOW LANE

2245 SILVER ROCK LANE

2087 HAMBLY LANE

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5663 HINCHINBROOKE RD

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1267 CEDARWOODS LANE

2031 SILVER ROCK LANE

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2210 SILVER ROCK LANE

Benefitting Parcel Proposed Road Allowance Closure/Purchase

Date: 2021-09-28

Map Title

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Citations

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Notes

Page 43 of 101

1: 2,939

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Legend

Proposed New Lot Severance (S-51-21-P)

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Benefitting Parcel

Proposed Road Allowance Closure/Purchase S-31-21-P

Approved Lot Addition (S-32-21-P)

Approved Lot Addition Severance Benefitting Parcel S-32-21-P

Proposed Lot Addition Severance Benefitting Parcel (S-67-21-P)

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S-51-21-P

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Assessment Parcel Road Railway

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Hambly Lake

Scale 1:6,000 0 20 40 80 120 160

Meters UTM Zone 18 NAD 83

Page 44 of 101

Date: 2021-09-27

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Document

New Emement Plan/Sketch

°°”’-“W

(b)

Additional Parties

1:] Other

Original Road of Portland;

Allowance

Description

[3]

(8) This Document provides as tollowr.

A BY-LAW

between

stop

up,

Concession

close 10 andll

and

sell

a portion

Lot

the

of the Township

Continued on Schedule (9) This Document relates to Instrument (10) Party(lee)

number(e)

(Set out Status or Interest)

Name(s)

Signature(s)

Date of Signature

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Ontario

21985212-

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(13) Address to: Service

(14) Ilunlclpal

Address of Property

Document Prepared

by:

Robert A. Little, Q.C. Barrister & Solicitor 259 King Street, East Kingston, Ontario K7L 4W6

10174 (12/84)

Date of Signature

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Page 46 of 101

Page 47 of 101

SCHEDULE"A”

? All and

and

premises,

singular

situate,

certain

that

lyingiand being of

Portland,

the

Ontario,

and

being

allowance

for

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said

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land

Township

tract

Frontenac

and Province

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original

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adjoining

County

composed

described

part

in Part

said

Township,

which

2 on Reference

Plan

Page 48 of 101

on-. 2. l)Ui>tHItM cu. LIMIIl:|J Foam No. 935

‘gm )0.

Document General

Province

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Form 4

—

Land Registration (1)

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an:

ggg gE

Property

gggiiio??ii

NUMBER 90-39

“"’n/a“""“

Do|iars$

(6) Description

Township of Portland, of Frontenac, County being composed of part of the original for allowance road between 10 Concessions and 11, adjoining Lot 7 in said Township, which is more particularly as described Part 2 on Reference Plan l3R9824.

gayg ‘°””’

2 New Property

pages

(5)ConsIderatlon

-i “= "

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1 of

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BY-LAW

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Schedule

(4)Nature

5 9-3

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identli‘Ieyr(s)Block

3 qé

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Land Titles —|

(3) Proper‘!

3”;

Reglslry

Reiorm Act. 1954

g},

identi?ers Additional: See Schedule

Executions (1) This Dowm??i

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Plan/Sketch

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see

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is Little

Cunningham,Swan,Carty,Per:

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relates to instrument nurnber(s)

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[33

Continued on Schedule

By—Law

(10) Party(ie3) (Set out Status or Interest) Name(s)

Additional Parties

provides as ioliow.-.:

schedule

(9) This Document

E(b) Schedule tor: 5 Description E] D

(a) Radescripiion New Easement

oi Date Isianatureé '

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)

Pbb-

Bonham,

259

King

St.

Kingston,

Ontario.

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D3“?sbgnatugz °’

Signature(s)

. .. . . .. . . …. .. . .. ….. . ………. ….. s

tor service (14) Municipat Address

oi Property

7 15) Document Prepared by: CUNNINGHAM , SWAN , CARTY ,’ L ITTLE & BONHAM

BARRISTERS & SOLICITORS 259 King St. E. Kingston. Ontario.

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Page 49 of 101

II Page 50 of 101

12/

CORPORATION OF THE TOWNSHIP OF PORTLAND

BY—LAWNUMBER 90-39

A BY-LAW TO STOP UP, CLOSE AND SELL A PORTION OF THE ORIGINAL §:UNOPENED ROAD ALLOWANCE BETWEEN CONCESSIONS 10 AND 11 ADJOINING LOT ‘7 IN THE TOWNSHIP OF PORTLAND.

interest of the deemed the AND WHEREAS it expedient is in of the of gMunicipal Township Corporation. Portland, hereinafter rcalled the Corporation, that to Section 298 (1(c)) and (3) pursuant {of the Municipal that R.S.O. 1980 Act, original road unopened Eallowance set out and described in Schedule “A” attached hereto be iclosed and stopped and the up; land sold to the adjoining land owner; AND WHEREAS Mrs. Judy Wheeler, the property owner on the south side of the road allowance has waived her rights to pursuant 316(2) 5 Section of the Act to Municipal purchase half the road allowance; AND WHEREAS pursuant to Section 301 of the Act Municipal a Public Tuesday, was held Hearing December 18, 1990, duly advertised lgin the Kingston Whig-Standard November 17th, 24th, and December 1st of notices .:and 8th, 1990 and by the posting in six public places;

AND WHEREAS pursuant E {R.S.O. 1980, the Council

gland i

shall

316(2) Section by by—law set

sold.

of the Municipal the sale price

Act,= the~

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP EOF PORTLAND ENACTS AS FOLLOWS:

That upon and vafter the passing of this By—Law all that of the allowance portion for the road set out and described in Schedule “A” attached be and the same is hereby hereto, closed and stopped up.

All

;

that of the said part unopened road allowance herein before described and stopped up shall be sc?d. to Helen and Hoyt for a price Craig of $1,000.00 plus all costs incurred by the municipality in closing and selling the afore4mentioned road allowance.

The Reeve and Clerk of the Corporation of the of Township Portland are hereby authorized to Sign or execute such deeds or other documents as may be necessary to effect conveyance of that of the part said unopened road allowance herein before described and which has been stopped up and closed. READ A FIRST AND SECOND TIME THIS 18TH DAY OF DECEMBER, 1990.

JaW¢1m REEVE

CLERK

READ A THIRD TIME AND FINALLY

PASSED THIS

16TH DAY OF APRIL,

CLERK

‘3of section under subsection

T 9 Municipal Act.

Joseph P. Newto Manager

Branch Plans Administration North and East _ Ministry of Municipai A“a"5

”

Page 51 of 101

TOWNSHIPOF SOUTH FRONTENAC BY-LAW 2000- 87 BEING A BY-LAW TO STOP UP, CLOSE AND SELL THAT PORTION OF THE ORIGINAL ROAD ALLOWANCE LYING IN LOTS 7 8. 8, BETWEEN CONCESSIONSX AND XI, described as Part 2, Plan 13R-5315, within the fonner Township of Portland, WITHINTHE TOWNSHIP OF SOUTH FRONTENAC,IN THE COUNTYOF FRONTENAC (Wagar-Baldwin). WHEREAS The Council of the Corporation of the Township of South Frontenac has been petitioned by Mrs. Frances E. Scott to stop up, close and sell the above described Road Allowance. AND WHEREAS The Corporation of the Township of South Frontenac may pass a By-law to stop up and sell any highway or part thereof pursuant to the Municipal Act R.S.O. Chapter M45, Section 297(1).

AND WHEREAS, pursuant to THE MUNICIPALACT R.S.O. 1990, Chapter M.45, Section 300, the Corporation of the Township of South Frontenac caused to be published in the Whig Standard Newspaper on August 12t",August 19th, August 26"‘,and September 2"“, 2000, and caused to be posted up in six conspicuous places near the said road allowance to be closed, a public notice that Council proposed to pass a By-law to close the said road allowance; AND WHEREASthe said road allowance, as laid out on the Township Plan, has not been used as a road nor has any money been spent on it. NOW THEREFOREthe Council of the Township of South Frontenac Ienacts as follows: 1.

That portion of the original Road Allowance lying in LOTS 7 & 8, BETWEENCONCESSIONX & XI, in the former Township of Portland, WITHINTHE TOWNSHIPOF SOUTH FRONTENAC,Part 2, Plan 13R5315, and described on Schedule A attached to this By-law, shall be stopped up.

That the said Road Allowance after being stopped up and completely closed shall be sold to the abutting owners, Teri Wagar & Bruce Baldwin, in accordance with the provisions of the Said MunicipalAct.

That the Mayor and ClerklAdministrator are hereby authorized and directed to execute such documents as are required.

This By-law shall come into force and take effect upon registration of this By-law.

……. or SECgND ….

READ A FIRST AND

TIMEAND SIGNED THIS

..DAY

2000

READ A THIRD TIMEAND SIGNED THIS DAY or

….

Page 52 of 101

Page 53 of 101 Minutes of Police Services Board July, 22, 2021 Time: 9:00 AM Location: Council Chambers

Present: Councillor Ron Sleeth, Mike Nolan, Ken Gilpin. Frontenac OPP Staff: Jeremy Doolan, Staff Sergeant and Interim Detachment Commander Staff: Neil Carbone, Chief Administrative Officer, Emily Caird, Executive Assistant & Communications Officer

Call to Order

Attendance

The Executive Assistant conducted the roll call as outlined in the attendance noted above.

Declaration of pecuniary interest and the general nature thereof

There were no declarations of pecuniary interest.

Swearing in of Provincial Appointee

Welcome Kenneth J. Gilpin - 2021-2024 Provincial Appointee The Chair welcomed Mr. Ken Gilpin to the Committee and asked that he read his Oath of Office. Ken Gilpin proceeded with reading the Oath of Office before the Committee. It was noted that while Mr. Gilpin read it at the meeting, he was officially sworn in before a Commissioner of Oaths the day before due to the virtual nature of the July 22 Police Services Board meeting.

Approval of Agenda

The agenda was adopted as presented. Resolution No. 2021-PSB-07/22-01 Moved by Ken Gilpin Seconded by Mike Nolan THAT the agenda be adopted as presented. Carried

Presentations/Delegations - n/a

Correspondence

OAPSB Message to the Zone 2 Membership - Re: 2021 Meetings

Date for Provincial Communications Centre Smiths Falls Decommissioning Staff Sgt. Jeremy Doolan explained that the decommissioning of the Smiths Falls location has been delayed five (5) months in order to better accommodate those staff and families directly impacted by the closure. He noted that the OPP wanted to give those individuals as much time as possible to adjust and transition.

Page 54 of 101 Minutes of Police Services Board July, 22, 2021 c)

Prince Edward County Police Services Board Strategic Plan 2021-2024 The CAO noted this document was circulated to all of the police services boards in the region. He explained that if South Frontenac were to look at implementing a Police Services Board Strategic Plan, it would make more sense to wait until the new Police Services Detachment Boards are established.

OAPSB Executive Director Moving On

Approval of Minutes

The minutes of the April 22, 2021 meeting were adopted as presented. It was noted that while the Committee as a whole adopted these minutes, no voting members aside from the Chair, were present at the April 22, 2021 meeting. Resolution No. 2021-PSB-07/22-02 Moved by Mike Nolan Seconded by Ken Gilpin THAT the minutes of the April 22, 2021 meeting were adopted as presented. Carried

Financial - n/a

Detachment Commanders Report

Police Services Board Quarterly Reports: January - March 2021 Staff Sgt. Doolan noted that there was not may staffing updates at the detachment in the first quarter other than one new recruit was hired in the winter and arrived at the detachment in June 2021. Staff Sgt. Doolan explained that there were two (2) public complaint in Q1 - both were minor and were resolved informally. Collision Report Staff Sgt. Doolan explained that there were two (2) collision related fatalities in the first quarter - one of which involved a snowmobile while the other was speed related and occurred on Highway 401. Overall collisions were down by 18% compared to this time last year. Calls for Service Staff Sgt. Doolan explained that there was an increase in the assaults and fraud categories in comparison to last year. He noted that the number of violent assaults hasn’t necessarily increased, but the number of assaults that have led to charges has increased. Staff Sgt. Doolan explained that the numbers are not overly shocking due to the close proximately in which people have been living during the pandemic. There was also an increase in neighbourly disputes, to which the Chair inquired if this was just occurring locally or all over. Staff Sgt. Doolan noted that it is a pattern that all areas are seeing an increase in across the province. Detailed Billing Year to year, there was a 4% increase in calls for service. Other notable statistics included zero thefts from motor vehicles compared to 19.5 hours spent last year.

Page 2 of 4

Page 55 of 101 Minutes of Police Services Board July, 22, 2021 The Chair inquired if there had been any uptick in cottage break and enters or thefts, specifically in relation to seasonal properties owned American residents that have not been able to visit their properties during the pandemic. Staff Sgt. Doolan noted that there was a small increase from 4 to 9 reported in South Frontenac in the first quarter. He noted that there may be an increase in the second quarter of the year as residents reopen their cottages for the season. Mike Noolan inquired about OPP practices in relation to monitoring Perth Road (also known as County Rd 10). He explained that he has received inquiries about the perceived lack of OPP presence there and complaints about speeding and erratic driving. Staff Sgt. Doolan explained that he would be happy to go back and pull some numbers and mapping on where tickets are being issued and take a look specifically at Perth Rd. Ken Gilpin noted that he has seen an increase in OPP presence on Perth Road compared to previous years. The CAO asked if they have access to mapping of where OPP responded to bylaw enforcement related calls, such as noise and nuisance incidents. He noted that the Township is reviewing its bylaw enforcement needs, and mapping would be an asset. The CAO also made a comment about speeding and noted that the Township’s Public Services staff are reviewing the approach to identifying issues and setting speed limits. Staff Sgt. Doolan noted that he has a fair amount of experience working with the traffic department in Lennox and Addington and could offer some advice on gathering speeding data.

Committee Reports

OPP Station Lease Renewal - Verbal update from Neil Carbone, CAO The CAO explained that the OPP Station lease renewal contained fairly consistent terms in relation to the previous agreement, as well as similar termination requirements. He also noted that the renewal included a reasonable rent increase and negotiations with the OPP went well.

Detachment Board Submission - Verbal update from Neil Carbone, CAO The CAO explained that the deadline for the submission of detachment board composition was June 7, 2021. He noted that this location appears to be one of the least contentious, as other areas are having challenging coming up with a composition. The CAO then gave a brief overview of the proposal submitted and explained that the Township is waiting to be advised of timelines and how the new appointment process will work.

Other Business

Brief Overview of Detachment Commander Recruitment Process - Verbal update from Staff Sgt. & Interim Detachment Commander Jeremy Doolan Staff Sgt. Doolan provided an overview of the recruitment process and explained that he was selected to be the Interim Detachment Commander at the Frontenac detachment to ensure a smooth transition as he was not an applicant. He explained that applications were due at the beginning of July, with scoring to take place afterwards. He also noted that the Superintendent will be reaching out to the board for a representative, with an interview panel to potentially take place in August. Staff Sgt. Doolan noted that he anticipated a lot of interest due to the detachment area and attractiveness of the community

Page 3 of 4

Page 56 of 101 Minutes of Police Services Board July, 22, 2021 profile. He noted that he would forward on the board’s contact information to Superintendent Craig Adams. The CAO noted that the Community Safety & Wellbeing Plan was adopted by all Frontenac Councils and has been added to the website. He also explained that the 2022 budget will review the CSWB plan initiatives. 13.

Public Discussion - n/a

Date & Time of Next Meeting:

Thursday September 23, 2021 at 9:00 am

In Camera (if requested) - n/a

Adjournment

The meeting was adjourned at 9:36 am.

Page 4 of 4

Page 57 of 101

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-55 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 2290998 ONTARIO INC. FOR THE SEVERED PARCEL, CONSENT APPLICATION S-02-20-S WHEREAS a Site Plan and Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of South Frontenac and 2290998 Ontario Inc. for the severed parcel from Consent Application S-02-20-S, a copy of which is attached hereto forming part of this By-law.

THAT the Agreement shall be registered on title of the property described as for Parts 4 to 14 on Plan 13R22179, Part of Lot 20, Concession 9, Geographic Township of Pittsburgh, District of Storrington, Township of South Frontenac. The agreement shall be carried forward on the lands that form the severed parcel from Consent Application S-02-20-S upon registration of the new lot.

THIS By-law shall come into force and effect in accordance with Section 41 of the Planning Act 1990, either upon the date of passage or as otherwise provided by the said Section 41.

Dated at the Township of South Frontenac this 5th day of October, 2021. Read a first and second time this 5th day of October, 2021. Read a third time and finally passed this 5th day of October, 2021.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

Angela Maddocks, Clerk

Page 58 of 101

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-56 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 2290998 ONTARIO INC. FOR THE RETAINED PARCEL, CONSENT APPLICATION S-02-20-S WHEREAS a Site Plan and Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of South Frontenac and 2290998 Ontario Inc. for the retained parcel from Consent Application S-02-20-S, a copy of which is attached hereto forming part of this By-law.

THAT the Agreement shall be registered on title of the property described as for Parts 4 to 14 on Plan 13R22179, Part of Lot 20, Concession 9, Geographic Township of Pittsburgh, District of Storrington, Township of South Frontenac. The agreement shall be maintained on the lands that form the retained parcel from Consent Application S-02-20-S.

THIS By-law shall come into force and effect in accordance with Section 41 of the Planning Act 1990, either upon the date of passage or as otherwise provided by the said Section 41.

Dated at the Township of South Frontenac this 5th day of October, 2021. Read a first and second time this 5th day of October, 2021. Read a third time and finally passed this 5th day of October, 2021.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

Angela Maddocks, Clerk

Page 59 of 101 County of Frontenac 2069 Battersea Rd. Glenburnie, ON K0H 1S0 T: 613.548.9400 F: 613.548.8460

22 September 2021 The Township of South Frontenac 4432 George Street, Box 100 Sydenham ON K0H 2T0 Via email:

amaddocks@southfrontenac.net

Dear Township Council: Re:

Frontenac County Council Meeting – September 15, 2021 – Planning Advisory Committee – Communal Services Governance Draft Business Case Study

Please be advised that the Council of the County of Frontenac, at its regular meeting held September 15, 2021, passed the following resolution, being Reports from Advisory Committees, clause a), item 1.: Reports from Advisory Committee Committees a)

Report of the Planning Advisory Committee

Motion #: 150-21

Moved By: Seconded By:

Councillor Higgins Warden Vandewal

That the Report received from the Planning Advisory Committee be received and adopted. Report of the Planning Advisory Committee The Planning Advisory Committee reports and recommends as follows:

2021-068 Communal Service Governance DRAFT Business Case Study Be It Resolved That the Communal Service Governance – DRAFT Business Case Study (September 9, 2021) be received and amended as follows:

Page 60 of 101 Letter to the Township of South Frontenac Communal Service – Draft Business Case Study

Page 2 of 2

Under Asset Transfer Policy section, change the word options to scenarios
Under Community Benefit and Dividends section, change the word options to scenarios
Under MSC Duty to the Shareholders section, second paragraph, insert the words “by the Corporation” before to the word annually in the last sentence.
On the title page add the words The Shareholders above the 5 municipalities listed. And Further That the DRAFT Business Case Study dated September 9, 2021, as amended, be provided to the member municipalities for their review and input prior to the end of October 2021. Carried Enclosed for your consideration is a copy of the Communal Services DRAFT Business Case Study dated September 9, 2021. In addition, I would respectfully request that any comments from the Township be forwarded to the County of Frontenac prior to the end of October, 2021. I trust you will find this in order; however should you have any questions or concerns, please do not hesitate to contact me at 613-548-9400, ext. 302 or via email at jamini@frontenaccounty.ca. Yours Truly,

Jannette Amini, Dipl.M.M., M.A. CMO Manager of Legislative Services/Clerk Copy: Kelly Pender, Chief Administrative Officer Joe Gallivan, Director of Planning and Economic Development

2069 Battersea Road, Glenburnie, ON K0H 1S0 T: 613.548.9400 | F: 613.548.8460 | frontenaccounty.ca

Page 61 of 101

Frontenac Municipal Services Corporation Business Case Study FINAL DRAFT

For Discussion Purposes Only September 15, 2021

The Shareholders: The Township of North Frontenac The Township of Central Frontenac The Township of South Frontenac The Township of Frontenac Islands The County of Frontenac

Page 62 of 101

~ This Page Left Intentionally Blank ~

Frontenac Municipal Services Corporation – DRAFT Business Case Study

Page 63 of 101

Table of Contents Acknowledgements…………………………………………………………………………………………………………. 6 Terminology & Abbreviations …………………………………………………………………………………………… 7 Introduction …………………………………………………………………………………………………………………… 9 Figure One – Area Covered by the Proposed MSC …………………………………………………………. 10 Background Documents …………………………………………………………………………………………………. 10 WSP Report #1 – County of Frontenac – Communal Services Study ………………………………… 11 WSP Report #2 – Communal Services Governance Model – Final Report …………………………. 12 Definition of Communal Services…………………………………………………………………………………….. 13 Frontenac Readiness for Communal Servicing ………………………………………………………………….. 13 Table One – Summary of Frontenac Readiness for Communal Servicing ………………………….. 13 Preferred Operational Model …………………………………………………………………………………………. 16 Governance and Corporate Structure ……………………………………………………………………………… 16 Guiding Principles …………………………………………………………………………………………………………. 16 Steps for Implementation ………………………………………………………………………………………………. 17 Table Two – Steps for Implementation ………………………………………………………………………… 17 Benefits of Communal Servicing ……………………………………………………………………………………… 17 Municipal Responsibility Agreements ……………………………………………………………………………… 18 Risk Management …………………………………………………………………………………………………………. 19 Asset Transfer Policy ……………………………………………………………………………………………………… 19 Option #1 – Transfer of Assets between Partnering Municipalities and the MSC with a Value Under $100,000…………………………………………………………………………………………………………. 19 Option #2 – Transfer of Assets between Partnering Municipalities and the MSC with a Value Over $100,000. ………………………………………………………………………………………………………….. 20 Option #3 – Transfer of Assets Between the MSC and a Non-Shareholder Municipality Valued at Under $100,000 …………………………………………………………………………………………………….. 21 Option #4 – Transfer of Assets Between the MSC and a Non-Shareholder Municipality Valued at Over $100,000. ………………………………………………………………………………………………………. 21 Option #5 – Transfer of Assets Between the MSC and a Private/For Profit Entity or Individual ………………………………………………………………………………………………………………………………… 21 Option #6 – Transfer of Assets Between the MSC and a Not-For-Profit/or Charitable Entity . 22 Financial Considerations ………………………………………………………………………………………………… 22 Borrowing from a Shareholder ……………………………………………………………………………………. 23 Ownership, Share Allocation and Voting ………………………………………………………………………. 23 Table Two – Summary of Ownership, Share Allocation and Voting ………………………………….. 23 Restrictions Regarding a Shareholder Dividend or Community Benefit Policy …………………… 24

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Option #1 – Unrestricted Dividend Policy …………………………………………………………………….. 24 Option #2 – Restricted Community Benefit Policy …………………………………………………………. 24 Option #3 – Retained by the MSC for Investment in Projects Approved by the Shareholders 25 MSC Duty to the Shareholders …………………………………………………………………………………….. 25 Bankruptcy or Insolvency ……………………………………………………………………………………………. 25 New MSC Shareholders ………………………………………………………………………………………………. 25 Shareholder Withdrawal from the MSC………………………………………………………………………… 26 Dissolving of the MSC …………………………………………………………………………………………………. 26 Public Input ………………………………………………………………………………………………………………. 26

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Acknowledgements The Participating Municipalities wish to thank the following individuals for their contribution to this report over the past two years. • • •

• • •

The WSP Canada Inc. team, including Nadia De Santi, Alec Knowles, Sagar Kancharla, Salah Koleilat, Caitlin Larwa Michael Wildman, Municipal Government Wayfinders Members of the Communal Services Governance Committee o Deputy Warden Denis Doyle (Chair), Mayor of the Township of Frontenac Islands o Warden Ron Vandewal, Mayor of the Township of South Frontenac o Councillor Frances Smith, Mayor of the Township of Central Frontenac o Councillor Ron Higgins, Mayor of the Township of North Frontenac o Ms. Gwen Glover, Citizen Appointee o Mr. Michael Keene, Citizen Appointee o Mr. Wayne Robinson, Citizen Appointee o Mr. Jim McIntosh, Citizen Appointee Jon Orpana, Environmental Planner, Ministry of the Environment and Climate Change Peter Sizov, Municipal Advisory, Ministry of Municipal Affairs The Councils and staff from the participating municipalities

Numerous members of the Frontenac development community contributed to the background and technical aspects of the various reports and meetings leading up to this Business Case Study. Their participation helped keep the process grounded in the reality of construction and development in Frontenac. The WSP team completed a best practice review of five similar municipal or joint services organizations. We are appreciative of their time and contribution to our project. Thank you to: • • • • •

The Township of Oro-Medonte Lakeland Holding Co. Grand Bend Area Joint Sewage Board Edwardsburgh/Cardinal & Prescott Joint Board Union Water Supply System

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Terminology & Abbreviations Abbreviation Full Name MSC Municipal Services Corporation FMSC

FCSC

Frontenac

NF CF SF FI CofF Twp

Frontenac Municipal Services Corporation Frontenac Communal Services Corporation Frontenac

Township of North Frontenac Township of Central Frontenac Township of South Frontenac Township of Frontenac Islands County of Frontenac Townships

Participating Municipalities

Communal Services

Municipal Act, S.O. 2001 BCS or Study Business Case

Definition/Description The generic reference to a service corporation established under the Municipal Act, S.O. 2001 and Ontario Regulation 599/06. Frontenac Municipal Services Corporation – the holding company anticipated by this Business Plan Frontenac Communal Services Corporation – the operating company anticipated by this Business Plan The geographic region encompassed by the municipalities, the County of Frontenac and the four constituent municipalities of the Township of North Frontenac, Township of Central Frontenac, Township of South Frontenac, and the Township of Frontenac Islands. The Lower Tier corporate entity operating under the Municipal Act, S.O. 2001. The Lower Tier corporate entity operating under the Municipal Act, S.O. 2001. The Lower Tier corporate entity operating under the Municipal Act, S.O. 2001. The Lower Tier corporate entity operating under the Municipal Act, S.O. 2001. The Upper Tier corporate entity operating under the Municipal Act, S.O. 2001. The collective lower tier municipalities, namely, North Frontenac, Central Frontenac, South Frontenac and Frontenac Islands The municipalities participating in the development of this business plan and the anticipated Municipal Service Corporation. • Township of North Frontenac • Township of Central Frontenac • Township of South Frontenac • Township of Frontenac Islands • County of Frontenac The broad descriptor for centralized water and wastewater services provided to a group of homes or businesses. The legislative framework for the creation and operation of Ontario municipalities. The formal requirement under the Municipal

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Abbreviation

Full Name Study

MRA

Municipal Responsibility Agreements Communal Services Governance Committee

CSGC

Definition/Description Act, S.O. 2001 and Ontario regulation 599/06 as a precursor to the establishment of a Municipal Services Corporation. [Link to Regulation] The D-5-2 requirements of the Ministry of the Environment where private ownership of a communal service is established. The Committee established by Frontenac County to examine potential governance models for the implementation of a regional entity to oversee the operation of communal services in Frontenac

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Introduction This report has two primary objectives:

Provided to the citizens of Frontenac to complete the requirement of the Business Case Study as required under the Municipal Act, S.O. 2001 and Ontario Regulation 599/06.
Confirm the substantive elements of the Municipal Services Corporation for the partner Municipalities. Links to the legislation are provided as follows: Municipal Act – [Link] Ontario Regulation 599/06 – [Link] The BCS will focus on the guiding principles for the establishment of a Municipal Services Corporation with a mandate to own and/or operate communal services in Frontenac. The geographic region of Frontenac includes the upper tier municipality of the County of Frontenac. The County is an upper tier municipality established under the MA covering a jurisdiction from Lake Ontario in the south to north of Provincial Highway #7, including the lower tier municipalities of: Township of North Frontenac Township of Central Frontenac Township of South Frontenac Township of Frontenac Islands. Below, Figure One is a map of the area covered by this BCS and the proposed Municipal Services Corporation. https://www.frontenaccounty.ca/en/living/living.aspx

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Figure One – Area Covered by the Proposed MSC

Background Documents In preparation for this Study, the parties engaged the services of WSP Canada Inc. to complete two (2) studies examining the potential for using communal services as an alternative to individual or full services in Frontenac. This study will rely upon the findings of these two reports but will not attempt to reiterate all the salient points of the reports. The reader is advised to refer to the source documents for further clarification of the more technical aspects of CS, or the governance aspects of this issue. Citations in the BCS to the WSP documents will be referenced as Report #1 and Report #2. Where there is a conflict between this document and Reports #1 and 2, this document shall take precedence. Table of Contents and links to the two reports are provided below:

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WSP Report #1 – County of Frontenac – Communal Services Study WSP Canada Inc. June 2019 [Link to WSP Report - 2019] 226 Pages Table of Contents Executive Summary

Introduction The Servicing Problem What are Communal Services? Why are Communal Services the Right Fit for the County of Frontenac? Study Purpose
Community Overview Demographic Trends Land Use Historic Villages and Main Streets Housing Environment and Natural Heritage Climate Change and Risk
Regulatory Framework Legislative and Regulatory Implications for Communal Servicing
Existing Local Planning Context The Role of Conservation Authorities Official Plan Review Summary
Communal Services Best Practices
Engineering Best Practices
Financial Model and Risk Mitigation Assumptions Methodology
Conclusion Appendices A Federal and Provincial Regulatory Framework B County and Townships Planning Context C Draft Official Plan Policies D Engineering Best Practices E Engineering Best Practices – Attachments F Financial Model Sample Outputs As part of this report, the parties were provided with a comprehensive financial model that will allow for the modeling of expenditures, revenues and commodity pricing for installation and operation of communal services. County of Frontenac senior financial staff were provided with training on the model.

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WSP Report #2 – Communal Services Governance Model – Final Report WSP Canada Inc. 03 March 2021 [Link to WSP Report - 2021] 52 Pages Table of Contents

Introduction Context Overview Communal Services Definitions Study Purpose, Objectives & Outcomes WSP Mandate Report Structure
Best-Practice Review Governance and Management Structures Primary Research Approach Outcomes Summary Municipal Responsibility Agreements MRA Context and Requirements MRA Questions and Responses Risk Management and Other Findings
Governance and Management Structure Model Assessments Overview Municipal Services Corporation (MSC) Structure Regulatory Requirements Timeline & Costs Joint Municipal Service Board Structure Regulatory Requirements Timelines & Costs County-Level Governance Structure Regulatory Requirements Timelines & Costs Risk Analysis and Model Recommendation Comparative Model Analysis Preferred Model Selection
Model Implementation Next Steps for Implementation Implementation Recommendations Financial Considerations of Implementation and Return Appendices A Engagement Summary B Governance Model Cost Estimates Frontenac Municipal Services Corporation – DRAFT Business Case Study

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Definition of Communal Services For the purposes of the BCS, the WSP1 definition of communal services has been adopted. That definition is as follows: In principle, communal water and wastewater systems function similarly to centralized municipal services in terms of development of sewer connections to central sewage treatment and disposal facilities and/or to a communal well or water source and water-treatment facility for drinking water. Systems generally serve small-to-moderate development sizes with typical ranges between 10 to 300 units within each settlement area 2, while the Ministry of the Environment, Conservation, and Parks (MECP) defines them as those serving a minimum of five units in a development. Communal systems are typically synonymous with “decentralized systems” and the terms are used interchangeably throughout this report. Within the above descriptions, the following communal water and wastewater system definitions apply: • Communal Water Systems: shared potable water systems, including collection from groundwater or freshwater sources and treatment to drinkingwater quality standards that are part of a communal service development. • Communal Wastewater Systems: shared facilities for the collection, treatment, and disposal of sewage that are part of a communal service development.

Frontenac Readiness for Communal Servicing Frontenac has also taken numerous steps to be ready for residential and commercial growth that will benefit from communal services. Table One below provides an overview of the efforts to date. Municipality

Table One – Summary of Frontenac Readiness for Communal Servicing Current Status

Frontenac Islands

•

Currently completing a Secondary Plan for the village of Marysville on Wolfe Island. Study completion will be in parallel to this report. Secondary Plan will set parameters for communal services. Expansion of the Wolfe Island Ferry and the doubling of ferry capacity to the Island will be completed in 2022. This will further exacerbate development pressures as Wolfe Island will become a reasonable “bedroom” community option for the City of Kingston Timelines: Communal servicing pressure anticipated in 2021-22.

Report #2, Section 1.1.1, page 15 For the purposes of the Business Case Study, the use of the term “settlement area” refers to the cluster of units connected to the communal service and is not intended to be limited to existing settlement areas. 2

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South Frontenac

• • • • • • •

Central Frontenac

• •

•

North Frontenac

• • •

•

Current Official Plan policies discourage communal services Official Plan and settlement area boundary studies to commence in 2021. Completed a community strategic plan that identifies regional leadership and community building as goals for the municipality. Water quantity/quality issues exist in several areas and will require hydro-geological work in order to identify potential development areas (and likely eliminate others). Development/growth pressures from Kingston will increase development demand. Current “strip” development will not sustain growth Several settlement areas, namely Inverary, Battersea, Sydenham, Harrowsmith and Verona could see significant benefit from communal services Timelines: Development pressure is ongoing – Official plan, settlement boundary rationalization and hydrogeological work will likely mean that the first communal service projects will be in the approval process in the 202223 time frame. The Township Official Plan was approved by Council on July 13/21. The new O.P. will encourage communal services Waterfront policies in the new O.P. will encourage communal servicing in rural/lake front properties which will open up waterfront development potential for the community The Township has purchased a former school site in downtown Sharbot Lake with a view towards a mixed use communal service project. Planning for the project may include connections to other municipal facilities or business in the downtown core. Funding has been received to commence the engineering feasibility component of this project. Timelines: Current Official Plan and Zoning By-laws complete in 2017. Recognize communal servicing option Waterfront policies in the new O.P. and Zoning By-law encourage communal servicing in rural/lake front properties which will open up waterfront development potential for the community Timelines: Current

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County

•

• •

•

• • •

• •

Regional Planning Framework: o County Official Plan approved in 2016, update to commence in 2022. o Completed a Regional Roads Study in 2018 in order to permit a more expansive range of development options on non-municipal roads. o Population projections update complete. Completed a strategic plan in 2019 that emphasis continued economic growth and regional cooperation Completed a trail connection from the City of Kingston boundary to Clarendon (the K&P Trail), with the commitment to make the connection to the United States and Lanark County. Trail will be extended an additional 14 km north in 2021-22 effectively creating a regional trail corridor that is encouraging rural residential and commercial growth. In 2016 completed a “regional brand” for Frontenac and implemented the first regional economic development strategy. The brand roll out included a business ambassador program that has been successful in bringing nearly 200 businesses on board with the regional brand. The economic development strategy is anticipated to be refreshed in 2021 The County has participated and invested in regional broadband and cellular expansion in the area through the Eastern Ontario Regional Network (EORN). Selected as the preferred vendor by EORN, Rogers Communications has initiated the process of providing 5G cell to the County The County has participated and invested in the establishment of the Eastern Ontario Leadership Council and region wide economic development initiatives, including workforce development, innovation and transportation. The County is recognized as a regional leader in Continuous Improvement, utilizing Lean principles to drive efficiency. Timelines: Current

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Preferred Operational Model WSP Report Number #2 was supported by the Communal Servicing Governance Committee composed of the four Township Mayors and three citizen appointees. Together with WSP they completed a best practice review of five (5) existing service providers and three (3) governance structures including: • A Municipal Services Corporation • A Joint Municipal Board • County Level Governance The recommendation of WSP and the CSGC to the member municipalities was to initiate a process to develop a BCS for the implementation of a Municipal Services Corporation. This recommendation was subsequently endorsed by the Councils of the five participating municipalities.

Governance and Corporate Structure The recommended governance structure for the Corporation 3 was detailed by WSP and endorsed by the CSGC as a two MSCs:

A Holding MSC – for the purposes of this report, named the Frontenac Municipal Services Corporation (FMSC)
An Operating MSC – for the purposes of this report, named the Frontenac Communal Services Corporation (FCSC) All shares in the Operating MSC will be owned by FMSC. WSP describes the benefits to this structure as providing the ability to: a) Establish additional operating MSCs in the future that are held by the Holding MSC; and b) Extend service and/or ownership to other municipalities by limiting purchasing and voting powers to Holding MSC shares only.

Guiding Principles The following guiding principles have been established for the Business Case Study and the Frontenac Municipal Services Corporation:

The establishment of the FMSC will not impinge upon the planning authority of any participating municipality, but rather will provide guidance and/or preapproval for communal systems that will either be owned/operated or operated by the MSC that will lead to faster approvals by the respective planning authorities and reduce costs for developers and eventually purchases/owners of serviced units
One of the primary drivers for the establishment of a MSC for the ownership and operation of communal services is the ability to spread risk by 3

Report #2, Section 3.2.1, page 23

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aggregating assets. As such, the partners agree that the MSC will be the owner/operator for communal services 3. It is recognized that the operational aspects of the MSC will evolve slowly as units are constructed and that it may take several years to reach critical mass. It is understood that the Operating Board will be responsible for determining the best operating model and that it is likely that at the outset contracted operating services will be the predominant model 4. The existing Water Treatment and distribution system in the Village of Sydenham, Township of South Frontenac will remain under the ownership and control of the Township and will not be transferred to FMSC upon incorporation. There will be no mechanism or expectation that the system will be transferred to the FMSC. Only the Township of South Frontenac Council will be able to make such a determination. 5. The County of Frontenac would be a non-voting shareholder in the MSC.

Steps for Implementation WSP Report #2 (page 7), sets out the necessary steps for the establishment of the MSC. Table Two below sets the seven steps.

Table Two – Steps for Implementation Step Status Formally Confirm MSC Selection Complete Undertake a Business Case Study This Document Hold Public Consultations Pending Adopt of the Business Case by Council(s) Pending Draft, Approve and Pass Necessary Pending Agreements & Documents Develop and Adopt an Asset Transfer Policy Pending Appoint MSC Boards, Officer/Directors, and Pending Transfer Assets

Benefits of Communal Servicing Within Frontenac, the use of private services dominates the residential and commercial landscape. Except for the Village of Sydenham water system, servicing largely consists of individual wells and septic systems. While this is efficient on a single home or business basis, it creates a number of issues for communities that are resolved or lessened by the installation of communal services, namely: • •

•

Risk: manages and spreads risk Environmental Protection and Aquifer Integrity: fewer wells drilled into an aquifer, thereby reducing the potential for ground water contamination from surface runoff Monitoring and Environmental Protection: communal services have stricter testing and reporting requirements than individual services

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• •

•

Increased density: thereby reducing the cost of municipal service delivery and improving community sustainability Efficient Land Use: Traditional rural pattern development results in approximately 0.57 residential units/hectare 4, while the same site on communal services could result in 2.23 units/hectare 5, or approximately 3.9 more residential units/hectare, thereby creating a more efficient use of land. Community Sustainability: o Residential units can be clustered to take advantage of access to recreation corridors such as the K&P or Cataraqui Trails or provide walkable communities that can help sustain rural communities and businesses o Existing communities can be serviced in a manner that will assist with rural community sustainability o Greater opportunity for main street development and redevelopment, including higher density and upper floor residential development o Communal service can be constructed in a scalable manner, thereby aligning costs with revenues for the developer and more reflective of the scale and pace of rural development o Business and/or industrial parks can be established utilizing a scalable communal services model, thereby making serviced employment an attractive option in a rural setting.

Municipal Responsibility Agreements For a full discussion of MRAs, please refer to Report #2 by WSP. It is the intention of partners that the majority of the communal services constructed moving forward will be owned and operated by the MSC, thereby negating the necessity for an MRA. It is recommended that each partner municipality enter into an Indemnity Agreement with the MSC to limit future liabilities. As a condition of a Subdivision or Condominium agreement, communal services would be the responsibility of the developer for a period to be determined by the MSC to establish a viable system, at which time ownership would transfer to the MSC. In the rare instances where an MRA is contemplated, the WSP reports provide various methods to reduce risk and limit liability. These same tools can be utilized by the MSC to guide the assumption of communal service assets.

4 5

Report #1, page 10, Figure 1-3 Report #1, page 11, Figure 1-4

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Risk Management The ability to manage and mitigate risk is an important element of the ownership and operation of communal services for municipalities. The establishment of a MSC provides the partner municipalities with the ability to pool and share risk. By aggregating risk, we mean the ability to spread risk across a portfolio of installations. The analogy is the provision of car insurance. Without a pooled model whereby, risk is spread across all insured drivers, each individual owner would be required to hold substantial savings in the event of an accident. By pooling the risk, the cost to any one individual is minimized and costs are lowered to the consumer. Similarly, the risk for one individual communal service failure requires far greater securities to protect the developer, homeowner, and municipality than if the risk is spread across ten installations. This approach has the added benefit of lowering development costs and improving home affordability, both at the time of purchase and for ongoing operating costs. For a more detailed discussion of the tools available to the MSC to mitigate risk, refer to Report #2 6.

Asset Transfer Policy At incorporation, FMSC will not hold any capital assets. Non-capital assets in the form of cash, will be transferred to the corporation in accordance with the financial contribution described in this document and detailed in Report #2 7. For clarity, this Policy does not apply to the transfer of communal service assets to the MSC by a developer under the terms of Subdivision or Condominium Agreement. For the capital assets other than noted above, four (4) options are provided. They are outlined as follows: Scenario #1 – Transfer of Assets between Partnering Municipalities and the MSC with a Value Under $100,000 Where the parties agree that an asset contemplated for transfer is valued at under $100,000, a transfer may be completed by motion of the shareholders of the FMSC and a motion of the appropriate shareholder municipality. Such a sale will be at a cash value agreed to between the parties. No option exists for such a transfer to involve the transfer of shares. The parties may agree to conduct the transfer of an asset under this limit, utilizing the terms and conditions described Option #2.

6 7

Report #2, Page 19-21 Report #2, Page 37-39

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It is understood that under Option #1: •

• •

either party may elect to initiate such a process, but that both parties will base any final decision in their own interest without undue influence from the other party that the above option may be initiated in the reverse (i.e., the transfer of an asset from the MSC to a shareholder municipality) the sole authority for the MSC will be a vote of the shareholders and for the municipality, the Council of the municipality disposing or acquiring the asset.

Scenario #2 – Transfer of Assets between Partnering Municipalities and the MSC with a Value Over $100,000. A shareholder municipality may solely elect to transfer an asset to initiate the process of transferring a municipal asset to the MSC. The FMSC (i.e., the holding company), acting in consultation with the MSC operating arm, may elect to accept the transfer and elect to compensate the municipality based on one of the following:

A cash payment based upon the average of two (2) independent appraisals. One completed and paid for by the MSC and a second completed and paid for by the municipality. Both independent appraisals must be accompanied by: a. A statement that the company/individual is qualified and competent to make such an appraisal b. A statement that the company/individual is not in a position of conflict
A payment of equivalent share in FMSC base upon the average of two (2) independent appraisals. One completed and paid for by the MSC and a second completed and paid for by the municipality. Both independent appraisals must be accompanied by: a. A statement that the company/individual is qualified and competent to make such an appraisal b. A statement that the company/individual is not in a position of conflict
A combination of option 1 and option 2 above (i.e., x% cash payment and y% shares, where x + y = 100% of the appraised value) It is understood that under Option #2: •

• •

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Scenario #3 – Transfer of Assets Between the MSC and a Non-Shareholder Municipality Valued at Under $100,000 Where an asset is proposed to be transferred between the MSC and a non-shareholder municipality and the parties agree that the value of the asset is less than $100,000, the parties may agree to a cash transaction at an agreed to fair market value. Scenario #4 – Transfer of Assets Between the MSC and a Non-Shareholder Municipality Valued at Over $100,000. A non-shareholder municipality may elect to transfer an asset to initiate the process of transferring a municipal asset to the MSC. FMSC may elect to accept the transfer and elect to compensate the municipality based on one of the following:

A cash payment based upon the average of two (2) independent appraisals. One completed and paid for by the MSC and a second completed and paid for by the municipality. Both independent appraisals must be accompanied by: a. A statement that the company/individual is qualified and competent to make such an appraisal b. A statement that the company/individual is not in a position of conflict
A payment of equivalent share in FMSC based upon the average of two (2) independent appraisals. One completed and paid for by the MSC and a second completed and paid for by the municipality. Both independent appraisals must be accompanied by: a. A statement that the company/individual is qualified and competent to make such an appraisal b. A statement that the company/individual is not in a position of conflict
A combination of option 1 and option 2 above (i.e., x% cash payment and y% shares, where x + y = 100% of the appraised value) Scenario #5 – Transfer of Assets Between the MSC and a Private/For Profit Entity or Individual The transfer of any asset considered to be integral to the operation of a communal water or sewer system, may not be transferred to a private/for profit entity under any circumstance. Non-operationally integral capital assets valued at under $100,000 (e.g., a vehicle) may be transferred at an agreed upon fair market price, with a motion of the MSC Operational Board.

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Non-operationally integral capital assets valued at over $100,000 (e.g., a surplus property or equipment) may be transferred at an agreed upon fair market price, with a motion of the FMSC. Scenario #6 – Transfer of Assets Between the MSC and a Not-For-Profit/or Charitable Entity The transfer of any asset considered to be integral to the operation of a communal water or sewer system, may not be transferred to a Not-For-Profit/or Charitable Entity under any circumstances. Non-operationally integral capital assets valued at under $100,000 (e.g., a vehicle) may be transferred at an agreed upon fair market price, with a motion of the MSC Operational Board. Non-operationally integral capital assets valued at over $100,000 (e.g., a surplus property) may be transferred at an agreed upon fair market price, with a motion of the FMSC Board. The parties agree that the monetary limits presented may be amended from time to time by a majority vote the shareholders.

Financial Considerations Report #2 8 examined four options for the start-up of the MSC and the distribution of shares, namely:

Weighted Tax Assessment
Equal Allocation
Weighted Population
Hybrid Allocation Under all four options, the County of Frontenac would provide a 20% financial (nonvoting) contribution, resulting in the remaining 80% being divided between the four remaining partner municipalities. At the recommendation of the CSGC, the partners endorsed the option of utilizing weighted tax assessment for the distribution. The weighted assessment share will be determined based upon the percent share allocation as determined from assessment data provided by the Municipal Property Assessment Corporation (MPAC) on the date that incorporation of the MSC is received. The anticipated five (5) year requirement of the MSC is $696,800 9. The partners will budget for the total amount of their share in the year of incorporation. A total of 20% of the allocated amount will be transferred to the MSC with thirty (30) days of 8 9

Report #2, pages 37-39 Report #2, page 39

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incorporation. It is anticipated that the MSC will “draw” against the remaining budgeted amount over a five-year period based upon the needs of the Corporation and a majority vote of the shareholders. For clarity purposes, the draw may be accelerated if development and installation of communal services is accelerated, or conversely, delayed if development is slowed. In any case, the total amount will be held in a designated reserve by the member municipality and will be transferred to the MSC with thirty (30) days of receiving notice to do so. The reserve may be held in an interest-bearing account by the partner municipality. Accrued interest will remain with the municipality and will not accumulate for the benefit of the MSC. Borrowing from a Shareholder While a primary benefit of establishing a MSC is the ability to borrow without affecting the Annual Repayment Limit (ARL) of a municipality, from time-to-time it may be prudent for a shareholder municipality to borrow on behalf of the MSC, or to provide such terms of borrowing from internal resources (i.e., reserves) as may be deemed expedient. Such borrowing shall be at fair market terms and rates as determined by the parties. Any such borrowing under $100,000 may be negotiated between the parties without the approval of the shareholders. Borrowing over $100,000 will be subject to a vote by the shareholders. A reciprocal arrangement (i.e., a shareholder municipality borrowing from the MSC) will be subject to a vote of the shareholders under all circumstances. Prior to borrowing being required under this provision, the MSC will establish a borrowing policy that identifies borrowing limits under this provision. Such policy will require the approval of the majority of shareholders. Under no circumstances will the MSC borrow from a non-shareholder municipality. Ownership, Share Allocation and Voting As structured, the shareholders would be represented by one (1) representative from each of the four (4) lower tier partner municipalities. With votes be weighted based upon the value of their shares at incorporation. For voting on any motion/by-law placed before the shareholders will be deemed to be carried if a minimum of two (2) shareholders, representing more than 50% of the shares votes in favour 10. No single municipality can outvote the remainder of the shareholders. As noted above, the County will be a contributing, non-voting shareholder. Table Two below summarizes the ownership, share allocation and voting that will be utilized by the FMSC. Partner 10

Table Two – Summary of Ownership, Share Allocation and Voting Owner 11 Voting on All Matters Distribution of Assets

Report #2, page 36

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Partner NF CF SF FI CoF

Owner 11 Yes Yes Yes Yes Yes

Voting on All Matters Yes Yes Yes Yes No 12

Distribution of Assets Yes Yes Yes Yes Yes

Restrictions Regarding a Shareholder Dividend or Community Benefit Policy A MSC can provide a dividend, or community benefit, to owners on a basis to be determined by the shareholders. As a matter of policy and practicality, the Frontenac MSC will not be in the financial position to distribute until such times as sufficient reserves and/or securities are accumulated to minimize the risk to shareholders. While this option is not a requirement, it is in the interest of the partners to establish the conditions under which such a policy may be considered. It shall be the policy of the MSC that no dividend or community benefit will be distributed to the owners unless the following conditions are met:

A minimum of seven (7) years from the date of incorporation
A statement from the auditing firm appointed by the MSC that the risk associated with the ownership and management of the communal services has been substantially ameliorated by a combination of accumulation of reserves, insurance, and/or securities
A majority vote of the shareholders13 Should the above conditions be met, the shareholders will have three options for the use of a community benefit: Scenario #1 – Unrestricted Dividend Policy Community benefit can be used in any manner deemed appropriate to the shareholder municipality. Scenario #2 – Restricted Community Benefit Policy Community benefit can be used in a manner determined by the shareholders in a restricted manner. Potential examples include: •

Pre-engineering and/or feasibility studies for the expansion of services to an unserviced area or employment lands

The percent ownership will be determined based upon the percentage dollar contribution as determined on the date of incorporation 12 Report #2, page 39 – Allocated to Lower Tier Municipalities based on weighted assessment on the date of incorporation 13 As currently structured, the Township of South Frontenac would have a veto over any the implementation of a dividend/community benefit policy. At the same time, SF plus the affirmative vote of one other municipality would be required in order to approve a policy.

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•

In conjunction with local improvement charges, utilized for the expansion of communal services in a serviced or un-serviced hamlet or subdivision. Such a policy could benefit all residents served by the MSC by expanding the risk pool, increasing density, and decreasing costs for users To be utilized for a specific community enhancement project that will benefit the entire region, for example recreation facilities

Under no circumstances will the MSC provide a community benefit that will place the ongoing viability of the MSC in jeopardy. Scenario #3 – Retained by the MSC for Investment in Projects Approved by the Shareholders To be utilized in a manner that will support or expand communal services or expand business opportunities. MSC Duty to the Shareholders The MSC will at a minimum, provide the shareholders with a detailed financial update at the Annual General Meeting of the Corporation, including a presentation of the audited financial statements of the MSC and the opportunity to question the Auditor. Within nine (9) months of incorporation, the MSC will present to the shareholders a business plan and five (5) year pro-forma budget to the shareholders for consideration and input. The plan will be revised by the Corporation annually and reviewed with the shareholders. A majority vote of the shareholders will require a full meeting of the MSC. The vote must state the purpose and general nature of the requirement for the meeting. The MSC will at all times have in place appropriate levels of insurance that covers the actions and decisions of the corporation and indemnifies the shareholders. Bankruptcy or Insolvency The MSC will make every reasonable effort to operate in a manner that will ensure the ongoing viability of the corporate entity, subject to annual audit opinions provided to the shareholders. As a corporate entity, bankruptcy would not result in any financial obligations accruing the shareholder municipalities. New MSC Shareholders The MSC may consider expansion of the shareholders by a two-thirds percentage vote of the shareholders. Such a vote will be supported by a business case study and, if applicable, an asset valuation as described in the Asset Transfer policy, plus a public meeting or meetings as determined by the shareholders. New shareholders must be a municipal entity. Should a new shareholder be approved, the shares in the corporation will be recalibrated based upon the weighted assessment on the date of approval, with the County of Frontenac shares being re-calculated accordingly. Frontenac Municipal Services Corporation – DRAFT Business Case Study

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Shareholder Withdrawal from the MSC A municipality wishing to withdraw from the MSC will be required to provide notice to the MSC prior to September 1st in any given calendar year, with an effective date of December 31st of the subsequent year. A 16 month minimum notice period will ensure sufficient time for the MSC and the remaining shareholders to resolve the requisite legal and personnel matters. Any municipality exercising their option to withdraw from the MSC will not be entitled to any assets of the corporation and will be required to pay their own legal expenses and the MSC. Dissolving of the MSC Where the Councils of all shareholder municipalities vote to dissolve the MSC, the noncash assets of the corporation shall be valued by an independent third party. Each party will be entitled to receive proceeds from the dissolution as follows:

Communal Services physical assets located within the boundaries of their municipality
Physical assets not related to the direct operation of communal services (e.g., rolling stock, office space, or maintenance operations) will be sold and the proceeds divided based upon the shareholder’s ownership stake on the date of dissolution. a. A shareholder may purchase such assets from the MSC for the appraised value. Where more than one shareholder expresses an interest in purchasing the asset, the successful shareholder will be randomly selected
Net of all costs required to wind down the MSC, cash assets and liabilities will be divided based upon shareholder value on the date of dissolution. The parties may agree to appoint a mutually agreeable independent party to handle the disposition of assets for points 2 and 3 above. The costs of the independent party will either be deducted from the assets or apportioned to the shareholder based upon the value of their shares on the date of dissolution. All parties will be responsible for their own costs related to the dissolution. Public Input This document will be posted publicly on the Frontenac public engagement channel (www.engagefrontenac.ca) for a period of thirty (30) days, commencing on XXXX xx,

Citizens of Frontenac are invited to provide written comments through the engagement site or by attending a virtual public meeting to be held on XXXX xx, 2021. The social media channels of the partner municipalities may also be utilized to direct individuals to the engagement site or provide notice of the virtual public meeting. Please

Frontenac Municipal Services Corporation – DRAFT Business Case Study

Page 86 of 101

note that comments received through social media channels will not be considered as part of the public input phase component of the BCS. Respectfully Submitted On behalf of the Partner Municipalities This xx day of XXXX month, 2021.

Frontenac Municipal Services Corporation – DRAFT Business Case Study

Page 87 of 101

BY EMAIL September 29, 2021 Council for the Township of South Frontenac c/o Angela Maddocks, Clerk 4432 George Street, PO Box 100 Sydenham, ON K0H 2T0

Dear Council for the Township of South Frontenac: Re: Closed Meeting Complaint My Office received a complaint about a closed meeting held by council for the Township of South Frontenac (the “Township”) on July 13, 2021. The complaint alleged that the topic discussed by council did not fit within the closed meeting exception cited by the municipality under the Municipal Act, 2001 (the “Act”). I am writing to share the outcome of my review. Ombudsman’s role and authority As of January 1, 2008, the Act gives anyone the right to request an investigation into whether a municipality has complied with the Act in closing a meeting to the public. 1 Municipalities may appoint their own investigator. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own. My Office is the closed meeting investigator for the Township. My Office has investigated hundreds of closed meetings since 2008. To assist municipal councils, staff, and the public, we have developed an online digest of open meeting cases. This searchable repository was created to provide easy access to the Ombudsman’s decisions on, and interpretations of, the open meeting rules. Council members and staff can consult the digest to inform their discussions and decisions on whether certain matters can or should be discussed in closed session, as well as issues related to open meeting procedures. Summaries of the Ombudsman’s previous decisions can be found in the digest: www.ombudsman.on.ca/digest.

1 Municipal Act, 2001, SO 2001 c 25, s 239.1.

Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto ON, M5G 2C9 Tel./Tél. : 416-586-3300 / 1- 800-263-1830 - Complaints Line | Ligne des plaintes Facsimile/Télécopieur : 416-586-3485 TTY/ATS: 1-866-411-4211 Email/Courriel : info@ombudsman.on.ca www.ombudsman.on.ca

Page 88 of 101 2 Review My Office reviewed documentation related to the July 13, 2021 closed meeting, including a PowerPoint presentation delivered during the meeting, the meeting agenda, and the draft minutes. We also reviewed relevant portions of the Township’s procedural by-law and spoke with the Clerk and Mayor. At 6:00 p.m. on July 13, 2021, council held a Special Committee of the Whole meeting. Council passed a resolution to go into closed session to discuss the Johnston Point Development, citing the exception for solicitor-client privilege. The exception for personal matters was also cited with respect to a different subject, which was not the focus of our review. According to information we reviewed, the Township’s solicitor attended the meeting and delivered a presentation about the development project. Following the presentation, the solicitor responded to council members’ questions in relation to confidential matters. Council did not pass any resolutions pertaining to the development or provide any direction to staff on the matter. Council approved minutes from a previous closed session meeting and passed a resolution to rise from closed session at 7:02 p.m. Applicability of the exception for advice subject to solicitor-client privilege Per s. 239(2)(f) of the Act, a meeting or part of a meeting may be closed to the public if the subject matter being considered is advice that is subject to solicitor-client privilege, including communications necessary for that purpose. This exception covers discussions that include communications between the Township and its solicitor in seeking or receiving legal advice intended to be confidential. 2 The purpose of the exception is to ensure that municipal officials can speak freely about legal advice without fear of disclosure. In this case, the Mayor told us that the objective of the meeting was to advise council of the Township’s legal obligations around the Johnston Point Development. During the meeting, the Township’s solicitor actively participated in the discussion, providing confidential legal advice and responding to questions posed by council. Accordingly, council’s discussion fit within the exception for solicitor-client privilege. The complaint to my Office suggested that the discussion did not fit within the exception, as the presentation included information about the project that was not confidential. However, the courts have found that it is unrealistic to expect council to parse its discussion where it would

Timmins (City of) (Re), 2017 ONOMBUD 4 at para 28, online: https://canlii.ca/t/h4rwt. Office of the Ombudsman of Ontario | Bureau de l’Ombudsman de l’Ontario 483 Bay Street / 483, rue Bay Toronto ON, M5G 2C9 Tel./Tél. : 416-586-3300 / 1- 800-263-1830 - Complaints Line | Ligne des plaintes Facsimile/Télécopieur : 416-586-3485 TTY/ATS: 1-866-411-4211 Email/Courriel : info@ombudsman.on.ca www.ombudsman.on.ca

Page 89 of 101 3 detract from free and uninterrupted discussion. 3 Here, it was not possible for council to separate the confidential legal advice from the general information about the development project. The topics were entwined in such a way that it would not have been realistic to expect council to parse them. Conclusion Council for the Township did not contravene the open meeting requirements on July 13, 2021, when meeting in closed session to discuss the Johnston Point Development. The discussion fit within the exception in s. 239(2)(f) for advice subject to solicitor-client privilege. I would like to thank the Township of South Frontenac for its co-operation during my review. We request that this letter be provided to council and made available to the public no later than the next meeting of council. Sincerely,

Paul Dubé Ombudsman of Ontario Cc: Angela Maddocks, Clerk, Township of South Frontenac

3 St. Catharines (City) v. IPCO, 2011 ONSC 2346 at para 43.

Page 90 of 101

September 17, 2021

Mayor Ron Vandewal, South Frontenac Township 4432 George St. Sydenham, ON. KOH 2TO

Re: Naming of Petworth Road single Lane Bridcre

Your Worship, It is with great honour that I write to you representing all of the residents of the historic Village of Petworth in making our request that Council officially name the single lane steel bridge over the Napanee River within our village in memory of Corporal David Ira Boyce, 20 Battalion, Canadian Army. I have attached our formal petition signed by 53 residents of the Village of Petworth requesting that Council name the bridge in memory of Corporal David Ira Boyce who was born in the Village on

April 4th, 1887. I have further attached a copy of the military record of his killed

in action death on November

10th 1918 -tragically the day before the end of the war, as well of his burial location in Belgium.

Page 91 of 101

I have spoken with his great nephew Mr Allan Boyce, a Township resident who fully supports our request.

We respectfully request that appropriate signage be erected at the east and west entrances of the

bridge with a Royal Canadian Legion Poppy emblem, Corporal David Ira Boyce, 10 November 1918, on the signs.

It would be fitting if we could have the signs unveiled on the 103rd anniversary of his death which would not interfere with local Remembrance Day ceremonies on November llth.

Respectfully

Submitted,

David Brown

5453 Petworth Road, Harrowsmith

KOM1VO

Celtictimber@gmail corn 613-893-6186

Page 92 of 101

Petition We the residents of the Village of Petworth petition the Council of South Frontenac

Township to name the single lane bridge over the Napanee River on Petworth Road in the

Village of Petworth in memory of Corporal David Ira Boyce. KIA November 10th, isis.

David Ira Boyce was born on April 4th, 1887 in Petworth, Frontenac County to Mrs. Eliza (Smith) Boyce and Mr. George W. Boyce.

Mrs.

Boyce’s

father was Ira Smith the blacksmith

in the village of Petworth and the first school teacher in the village. (Both the bXacksmith shop and the school house remain in the village

today. )

David enlisted in the Canadian army on December 9th, 1915 in Kingston along with other area men. He was assigned to the Central Ontario Regiment within the 20th Battalion.

On the 10th of November 1918, the Battalion was advancing from Frameries to St. Symphorien in Belgium, when David was struck in the head with shrapnel. He died at the scene shortly

have being hit.

David is the only known war veteran killed in action from the Village of Petworth, and to properly remember his sacrifice we ask that Township Council officially name the bridge in his memory in time for this year’s Remembrance Day.

Page 93 of 101

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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-57 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON OCTOBER 5, 2021. Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2,subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.

The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on October 5, 2021 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.

That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held October 5, 2021 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.

That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on October 5, 2021 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.

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.

Read a first and second time this 5 day of October, 2021. Read a third time and finally passed this 5 day of October, 2021. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

Ron Vandewal, Mayor

Angela Maddocks, Clerk

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