Body: Council Type: Agenda Meeting: Regular Date: September 6, 2022 Collection: Council Agendas Municipality: South Frontenac
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Page 1 of 239
TOWNSHIP OF SOUTH FRONTENAC Council Meeting Agenda Meeting Number 31 TIME: DATE: PLACE:
7:00 PM, Tuesday, September 6, 2022 VirtualCouncil Chambers.
Call to Order and Roll Call
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
Scheduled Closed Session (at end of agenda)
Delegations - none
Public Meeting - not applicable
Approval of Minutes
a)
Resolution
Business Arising from the Minutes
Reports Requiring Action
a)
Council Chamber Furniture Upgrades • This report provides information on Council Chamber furniture and seeks approval for the allocation of additional funds towards the project and reallocation and the funding envelope.
14 - 23
b)
Next Generation 9-1-1 Agreement • This report provides information on the Next Generation 9-11(NG9-1-1) system and seeks authorization to enter into a service agreement with Bell Canada in order to meet the regulatory framework to modernize emergency services communications.
24 - 45
c)
Commercial Card Policy • The report provides a proposed Commercial Card Policy which will replace the Township’s current credit card policy.
46 - 59
d)
2022 Community Grants - Intake 2 • The report provides a summary of Community Grants submissions received and the staff recommended allocation for Council approval
60 - 66
e)
Communal Services Governance - Business Case Study • This report provides information on the public meeting on the Communal Services Business Case and seeks approval for next steps
67 - 86
f)
Heritage Grant Program
5 - 13
87 108
Page 2 of 239
•
This report recommends that Council approve the Heritage Grant Program. The Heritage Grant Program is intended to encourage and assist owners of designated heritage properties under the Ontario Heritage Act with the maintenance, conservation, restoration, and care of heritage properties. The goal of the program is to enhance heritage designation of buildings, recognize and promote the cultural heritage of the Township.
Committee Meeting Minutes
a)
Bellrock Community Hall Committee meeting held July 20, 2022
By-laws
a)
By-law 2022-77 - Zoning By-law Amendment Application - 38 Phoebe Lane • This report recommends that Council pass a by-law to change the zone on the subject lands from Limited Service Residential - Waterfront (RLSW) to a property specific Limited Service Residential - Waterfront zone (RLSW-133) to permit the second storey of an accessory, detached garage to be used for human habitation similar to a sleeping cabin (i.e. sleeping accommodation only) and to permit this building to exceed the maximum building height permitted in the RLSW zone, and to have a reduced setback from the top of bank.
110 119
b)
By-law 2022-78 - Zoning By-law Amendment Application - 1466 Devil Lake Road • This report recommends that council pass a by-law to change the zone on a portion of the subject lands from Rural (RU) to Waterfront Residential (RW) to permit residential development on two waterfront properties that are accessed from a public road and also to limit the permitted uses to either a seasonal dwelling or a single detached dwelling.
120 126
c)
By-law 2022-79 - Zoning By-law Amendment Application - 73 Mill Bay Lane • This report recommends that Council pass a by-law to change the zone on the subject lands from Limited Service Residential - Waterfront (RLSW) to a property specific Limited Service Residential - Waterfront zone (RLSW-134) to permit the principal building to have a maximum of 12.4% lot coverage and to be setback 9.5 metres from the top of bank, and to prohibit accessory buildings and structures on the property.
127 136
d)
By-law 2022-80 - Stop up, close and sell a portion of an unopened Road Allowance between Concession 9 & 10 Storrington • An application has been received by Development Services Staff to request tos top up, close and transfer a portion of an unopened road allowance.
137 142
e)
By-law 2022-81 and By-law 2022-82 - Implementation of Administrative Monetary Penalties – Noise By-law • The purpose of the Report is to provide Council with information regarding the proposed expansion of the application of Administrative Monetary Penalties (AMPs) to deter actions prohibited under By-law 2015-41, A By-law to
143 152
109
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Prohibit and Regulate Noise Within the Township of South Frontenac. f)
By-law 2022-83 - Hartington Equipment - Site Plan Control Application • This report recommends that Council pass a by-law to approve a Site Plan Control agreement for PIN 36142-0089, Part of Lot 6, Concession 7, District of Portland, South Frontenac. By-law 2022-58 requires site plan control to ensure that the Township’s development standards will be met on the subject property.
153 176
g)
By-law 2022-84 - Zoning By-law Amendment Application Battersea Road • This report recommends that Council pass a by-law to change the zone on the subject property to permit a single detached dwelling with a minimum 37 metre front yard setback
177 184
h)
By-law 2022-85 - Compliance Audit Committee – 2022 Municipal Elections • Council is asked to support the appointment of representatives of South Frontenac to the Joint Frontenac Compliance Audit Committee for the purposes of the 2022 Municipal Election and pass By-law 2022-85.
185 195
i)
By-law 2022-86 - Amendments to Dog Control By-law - Order to Muzzle • The purpose of the report is to provide Council with information regarding proposed amendments to the Dog Control By-law (By-law 2001-66) to permit an animal control officer to issue an order to muzzle in prescribed situations.
196 201
Reports for Information
a)
Investment Update • This report provides an investment update to June 30, 2022
202 204
b)
2022 Year to Date Financial Report to June 30, 2022 • The report provides a summary of the year-to-date financials to June 30, 2022, with a comparison to the year-to-date 2022 budget.
205 212
c)
Building Services – Review of Timeframes to Issue Permits • This report responds to questions and concerns raised by Council at the August 9th, 2022 meeting regarding the timelines associated with processing building permits.
213 234
Information Items
a)
Ontario Sheep Farmers - Livestock Guardian Dogs and Municipal Dog Control By-laws
Notice of Motions
Announcements/Statements by Councillors
Question of Clarity (from the public on outcome of agenda items)
Closed Session
235 238
Page 4 of 239
a)
Resolution - Council will move into a closed session as permitted by the Municipal Act, Section 239.2 (d) labour relations or employee negotiations, including municipal or local board employees, regarding organizational recruitment and to approve closed session minutes.
b)
Closed Meeting Minutes from January February and March, 2022
c)
Closed Meeting Minutes from April and May 2022
d)
Closed Meeting Minutes from June and July 2022
e)
Organizational Recruitment Update
f)
Resolution - Move out of Closed Session
Confirmatory By-law
a)
Resolution
Adjournment
a)
Resolution Natural, Vibrant and Growing - A Progressive Rural Leader
239
Page 5 of 239 Minutes of Council August, 9, 2022
TOWNSHIP OF SOUTH FRONTENAC Council Meeting Minutes
Meeting #30 Time: 6:00 PM Location: Council Chambers & Electronic Participation Present: Mayor Ron Vandewal, Ray Leonard, John McDougall, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth Staff Present in Council Chambers: Louise Fragnito - Chief Administrative Officer, Angela Maddocks - Clerk, James Thompson - Deputy Clerk, Kyle Bolton - Director of Public Services, Claire Dodds - Director of Development Services, Shelley Stedall Director of Corporate Services and Treasurer, Troy Dunlop - Manager of Technical Services and Infrastructure, Tim Laprade - Recreation and Arena Manager, Michelle Hannah - Planning Assistant. Staff Present via Electronic Participation: Anna Geladi - Planner, Christine Woods Senior Planner 1.
Call to Order and Roll Call
a)
Resolution Resolution No. 2022-30-01 Moved by Councillor Revill Seconded by Councillor Ruttan That the Council meeting of August 9, 2022 be called to order at 6:00 p.m. Carried
b)
The Clerk conducted the roll call as outlined in the attendance noted above.
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations reported.
Approval of Agenda
a)
Resoltuion Resolution No. 2022-30-02 Moved by Councillor Ruttan Seconded by Councillor Sleeth That the rules of the Procedural By-law 2017-76 be suspended to allow for a 6:00 pm start time and to move directly to the “Public Meeting” portion of the agenda at 7:00 pm to accommodate input on planning matters; and That the agenda items identified be approved, recognizing the format is subject to adjustment based on timing. Carried
Scheduled Closed Session (at end of agenda)
Delegations - none
Approval of Minutes
Page 6 of 239 Minutes of Council August, 9, 2022 a)
July 12, 2022 Council Meeting
Resolution No. 2022-30-03 Moved by Councillor Sleeth Seconded by Deputy Mayor Leonard That the minutes of the July 12, 2022 Council meeting be approved as presented. Carried 7.
Business Arising from the Minutes - none
Reports Requiring Action
a)
Project Award: Centennial Multipurpose Facility Roof Structure • This report provided information on awarding the contract for the Centennial Multipurpose Roof Structure Resolution No. 2022-30-04 Moved by Councillor Sleeth Seconded by Deputy Mayor Leonard That Council approves the bid submission from Ubcon Construction Limited in the amount of $334,000 in relation to the Tender for PS-2022-14 - Centennial Multipurpose Facility Roof Structure; and That Council authorize the Clerk and Mayor to enter into an agreement with Ubcon Construction Limited; and That an additional $74,878 be allocated from the Infrastructure reserve to support the project. Carried
b)
Conservation Signage - Devil Lake Boat Launch • The purpose of this report to provide Council with background on a request from the Devil Lake Association for the installation of privately funded educational and conservation signage at the Devil Lake boat launch on Perth Road Resolution No. 2022-30-05 Moved by Councillor Roberts Seconded by Councillor Revill That Council support the request from the Devil Lake Association (DLA) for the installation of privately funded educational and conservation signage on public lands at the Devil Lake boat launch on Perth Road Carried
Committee Meeting Minutes
a)
Harrowsmith Beautification Committee meeting held July 6, 2022 Resolution No. 2022-30-06 Moved by Deputy Mayor Leonard Seconded by Councillor Sleeth That Council receives for information, the minutes of the Harrowsmith Beautification Committee meeting held July 6, 2022. Carried
By-laws
Page 2 of 9
Page 7 of 239 Minutes of Council August, 9, 2022 a)
By-law 2022-70, 202-71. 2022-72 - Implementation of Administrative Monetary Penalties – Municipal By-law Enforcement • The Report provided Council with information regarding the proposed expansion of the application of Administrative Monetary Penalties (AMPs) to two Township of South Frontenac by-laws. The expanded use of AMPs will assist the Township of South Frontenac in deterring behaviours prohibited under the Trailer License By-law (By-law 2004-93) and the Safe Property By-law (By-law 2007-13). Resolution No. 2022-30-07 Moved by Deputy Mayor Leonard Seconded by Councillor Sleeth That By-law 2022-71, being a by-law to amend By-law 2004-93 (The Trailer Licensing By-law) be given first and second reading. Carried Resolution No. 2022-30-08 Moved by Councillor Roberts Seconded by Councillor McDougall That By-law 2022-71, being a by-law to amend By-law 2004-93, be given third reading, signed and sealed. Carried Resolution No. 2022-30-09 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2022-72, being a by-law to amend By-law 2007-13 (The Safe Properties By-law), be given first and second reading. Carried Resolution No. 2022-30-10 Moved by Councillor Roberts Seconded by Councillor McDougall That By-law 2022-72, being a by-law to amend By-law 2007-13, be given third reading, signed and sealed. Carried Resolution No. 2022-30-11 Moved by Councillor Roberts Seconded by Councillor Sleeth That By-law 2022-70, being a by-law to impose Administrative Monetary Penalties on violations of municipal by-laws, be given first and second reading. Carried Resolution No. 2022-30-12 Moved by Councillor Roberts Seconded by Councillor McDougall That By-law 2022-70, being a by-law to impose Administrative Monetary Penalties on violation on municipal by-laws, be given third reading signed and sealed. Carried
b)
By-law 2022-73 - Site Plan Control Application - PL-SPR-2022-0078 Shelly and Michael Lacelle (applicant); ZanderPlan Inc. (agent) - Unit 3, Johnston Point Plan of Condominium This report recommended that Council approve the individual site plan control application for Unit 3 in Johnston Point. This Unit is located on the west side of Hinterland Lane and is proposed to be developed with a single detached dwelling and a pool.
Page 3 of 9
Page 8 of 239 Minutes of Council August, 9, 2022 Resolution No. 2022-30-13 Moved by Councillor Roberts Seconded by Deputy Mayor Leonard That By-law 2022-73, 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 Shelly and Michael Lacelle, be given first and second reading. Carried Resolution No. 2022-30-14 Moved by Councillor Sleeth Seconded by Councillor McDougall That By-law 2022-73, be given third reading, signed and sealed. Carried c)
By-law 2022-74 - Site Plan Control Application - PL-SPR-2022-0069 Brenda MacDonald & Dave Dobing (applicant); Unit 7, Johnston Point Plan of Condominium This report recommended that Council approve the individual site plan control application for Unit 7 in Johnston Point. This Unit is located on the west side of Hinterland Lane and is proposed to be developed with a single detached dwelling with attached garage. Resolution No. 2022-30-15 Moved by Councillor McDougall Seconded by Councillor Sleeth That By-law 2022-74, 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 Brenda MacDonald and Dave Dobing, be given first and second reading. Carried Resolution No. 2022-30-16 Moved by Councillor Sleeth Seconded by Councillor Revill That By-law 2022-74, be given third reading, signed and sealed. Carried
d)
By-law 2022-75 - Site Plan Control Application PL-SPR-2022-0077 - David and Ashley Logan (applicant); ZanderPlan Inc. (agent) - Unit 10, Johnston Point Plan of Condominium The report recommended that Council approve the individual site plan control application for Unit 10 in Johnston Point. This Unit is located on the east side of Hinterland Lane and is proposed to be developed with a single detached dwelling with an attached garage. Resolution No. 2022-30-17 Moved by Councillor Roberts Seconded by Councillor McDougall That By-law 202-75, 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 David and Ashley Logan, be given first and second reading. Carried Resolution No. 2022-30-18 Moved by Councillor McDougall Seconded by Deputy mayor Leonard That By-law 2022-75, be given third reading, signed and sealed.
Page 4 of 9
Page 9 of 239 Minutes of Council August, 9, 2022 Carried 11.
Reports for Information
a)
Quarterly Report - Capital Works Program The report to provided Council with the first of a series of new quarterly reports that will be issued going forward on the status of capital works projects within the Public Services Department
b)
2nd Quarter 2022- Planning Services Report This report documents the delivery of Planning Services within the Development Services Department between April 1, 2022 and April 30, 2022
c)
2nd Quarter 2022 - Building Services Report This report documents the delivery of Building Services within the Development Services Department between April 1, 2022, and June 30, 2022
Information Items
a)
2022 Q2 Update from Frontenac County Economic Development
Notice of Motions
Announcements/Statements by Councillors
Public Meeting (7:00 pm)
a)
Resolution - Public Meeting Statement for Zoning Applications
The Clerk noted that the first application in the public meeting is being held under the Municipal Act for the unopened road allowance application RC-21-03 to hear comments on the application as presented. The public meeting for this application was advertised in accordance with the Township’s Notice By-law. Resolution No. 2022-30-19 Moved by Councillor McDougall Seconded by Councillor Ruttan That a pubic meeting be held to allow for input on planning matters related to: • Road Closing application RC-21-03 and Zoning By-law Amendment Applications: • PL-ZBA-2022-50 • PL-ZBA-2022-88 • PL-ZBA-2022-96 • PL-ZBA-2022-97 Carried b)
RC-21-03 (5006755 Ontario Ltd.) (Beach - Agent) – Application to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough
Ms. Hannah conducted a PowerPoint presentation regarding Application RC21-03. Councillor Sleeth noted that he has visited the site on four occasions over the past year. He expressed concern regarding the Council approving the application. He stated that the application should be denied. Councillor Revill commented that he would consider closing a portion of the unopened road allowance to allow for clear title of the property line associated
Page 5 of 9
Page 10 of 239 Minutes of Council August, 9, 2022 with the building. He indicated that it is not in the interest of the public to close the right-of-way. Councillor Ruttan stated that he is in agreement with the previous two speakers and mentioned that there is no reason to approve the application. Deputy Mayor Leonard noted that he is in agreement with the previous speakers. He commented that approving the application would create hardship to other residents. Councillor Roberts mentioned that he is in agreement with the previous speakers. Councillor McDougall stated that he is supportive of the statements offered by other members of Council. He commented that the application is a divisive issue. He noted that he does not support the application. In response to a question from the Mayor, Ms. Hannah provided additional clarification regarding license agreements and background information regarding additional access considerations. She spoke to the process associated with surveying and deeding a right-of-way. The Mayor sought further explanation regarding an encroachment agreement. Ms. Hannah responded that an encroachment agreement is not registered on title. Mayor Vandewal indicated that he does not support the approval of the application. He commented that he would consider the suggestion proposed by Councillor Revill. Mayor Vandewal afforded members of the public with an opportunity to provide comment. Mr. Beach, Agent commented that many of the problems could be addressed if the unopened road allowance was closed and deeded to adjacent owners. He stated that currently there are not any agreements in place. He was of the opinion that it is the responsibility of the Township to maintain access. He stated that the applicant would be willing to permit a right-of-way to the northwest of the road allowance in question. He indicated that there has been some bad history and indicated that there is a need to resolve the problems and do the right thing. He stated that the practical solution is a surveyed private lane. The Mayor noted that correspondence regarding this mater has been circulated to members of Council. c)
Zoning By-law Amendment Application - PL-ZBA-2022-0050 (Huehn)(Fotenn) – 38 Phoebe Lane
The Clerk provided direction on receiving notification of decisions made with respect to these applications for rezoning and the process to appeal a decision. Ms. Geladi conducted a PowerPoint presentation regarding the application. Councillor Revill stated that he is supportive of the application. He commented that secondary suites will eventually be permitted in the Township once the new Official Plan is approved. He indicated that this type of growth is supported by the Planning Act. In response to a question from the Mayor, Ms. Dodds confirmed that the proposed structure will be required to conform to the Ontario Building Code.
Page 6 of 9
Page 11 of 239 Minutes of Council August, 9, 2022 Councillor Ruttan commented that in the past this type of application has been denied and stated that this type of development is now supported by the Planning Act. Ms. Dodds provided additional clarification regarding the application. She noted that the site is constrained and as such there is not the necessary space to accommodate a separate sleeping cabin and a detached garage. She explained that the zoning by-law amendment is drafted in such a way that the property owner is prohibited from building another sleeping cabin. She spoke to secondary suites in relation to the Planning Act and the new Official Plan. The Chair afforded members of the public with an opportunity to provide comment. Members of the public did not provide comment.
d)
Zoning By-law Amendment Application - PL-ZBA-2022-0088 (Prikker) – 1466 Devil Lake Road
Ms. Geladi conducted a PowerPoint presentation regarding the application. Councillor Revill indicated that he is supportive of the application. The Chair afforded members of the public with an opportunity to provide comment. Members of the public did not provide comment. e)
Zoning By-law Amendment Application - PL-ZBA-2022-0096, Battersea Road (102906003011515)
Ms. Woods conducted a PowerPoint presentation regarding the application. Councillor Sleeth indicated that he is supportive of the application. Councillor Roberts stated that he is supportive of the application. In response to questions from Councillor McDougall and the Mayor, Ms. Woods provided clarification regarding the application in relation to the use of the nearby quarry. Mayor Vandewal indicated that he is supportive of the application. The Chair afforded members of the public with an opportunity to provide comment. Members of the public did not provide comment. f)
Zoning By-law Amendment Application PL-ZBA-2022-0097 (Klassen) – 73 Mill Bay Lane Ms. Geladi conducted a PowerPoint presentation regarding the application. Mayor Vandewal commented that he is supportive of the application before Council.
Page 7 of 9
Page 12 of 239 Minutes of Council August, 9, 2022 Councillor Ruttan indicated that the application is mutually beneficial and as such he is supportive of the proposal. Councillor Revill commended staff for the quality report and stated that he is supportive of the application. The Chair afforded members of the public with an opportunity to provide comment. Members of the public did not provide comment. g)
Resolution to Close Public Meeting Resolution No. 2022-30-20 Moved by Councillor Roberts Seconded by Councillor Ruttan That having provided an opportunity for input, the public meeting be closed. Carried
Question of Clarity (from the public on outcome of agenda items)
Closed Session
a)
Resolution Resolution No. 2022-30-21 Moved by Councillor Revill Seconded by Councillor McDougall That Council move into a closed session as permitted by the Municipal Act, Section 239.2 (d) labour relations or employee negotiations, including municipal or local board employees, regarding the organizational requirements for Human Resources. Carried
b)
Human Resources Requirements
c)
Resolution - Move out of Closed Session Resolution No. 2022-30-23 Moved by Deputy Mayor Leonard Seconded by Councillor Sleeth That Council move out of closed session. Carried
Rise & Report
a)
Resolution Resolution No. 2022-30-24 Moved by Councillor McDougall Seconded by Councillor Roberts That Council approve the creation of the position of Manager of Human Resources. Carried
Confirmatory By-law
a)
By-law 2022-76 Resolution No. 2022-30-25
Page 8 of 9
Page 13 of 239 Minutes of Council August, 9, 2022 Moved by Councillor Roberts Seconded by Deputy Mayor Leonard That By-law 2022-76, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac be given first and second reading this 9 day of August, 2022. Carried Resolution No. 2022-30-26 Moved by Councillor Ruttan Seconded by Councillor McDougall That By-law 2022- 76, being the confirmatory by-law, be given third reading, signed and sealed this 9 day of August 2022. Carried 20.
Adjournment
a)
Resolution Resolution No. 2022-30-27 Moved by Deputy Mayor Leonard Seconded by Councillor Roberts That the Council meeting of August 9, 2022 be adjourned at 8:00 p.m. Carried
Angela Maddocks, Clerk
Ron Vandewal, Mayor
Page 9 of 9
Page 14 of 239
To: Council Prepared by: Office of the Chief Administrative Officer Date of Meeting: September 6, 2022 Subject: Council Chamber Furniture Upgrades
Summary This report provides information on Council Chamber furniture and seeks approval for the allocation of additional funds towards the project and reallocation and the funding envelope.
Recommendation That Council support an increase in the budget allocation for Council Chamber furniture from $15,000 to $25,000 And further, that both the original budgeted expense along with the requested additional funds totalling $25,000 be funded from the COVID-19 Safe Restart Reserve.
Background In the 2021 budget, Council approved an allocation of $15,000 towards upgrades to Council Chamber furniture. The upgrades are targeted to recognize the growing use of Council Chambers as an alternative meeting space as well as provide flexibility in table configuration in Council Chambers to support Council and staff attending meeting but also provide for public in-person access to meetings.
Discussion/Analysis In it’s current state, Council Chambers provides little to no space availability for public access. Although most COVID-19 restrictions have been lifted, the various required changes throughout the pandemic highlighted the lack of flexibility and accommodations available with the current furniture in this space. Working with an external consultant the CAO and Clerk were provide with the attached drawings for proposed layouts within Council Chambers with new furniture. The proposed layout includes the installation of permanent workspaces at the front of the room which would provide seating for the Mayor, CAO, Clerk and Deputy Clerk (page 2 of drawings attached). This upgrade to Council Chambers will provide a prominence reflective of its use www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 15 of 239 Township of South Frontenac Staff Report - Council Chamber Furniture Upgrades
as a Council Chamber. The remaining furniture provides complete flexibility in its locations and storage with tables that are 30” wide to provide individual workspaces while increasing options for configuration. From the included drawings, options presented under page 3 and 5 are the preferred configurations with page 5 providing the most space to accommodate public seating. Along with the upgrades to Council Chambers, staff have also been reviewing upgrades to the existing microphone system in Council Chambers. The Director of Corporate Services has been in discussions with the County and Central Frontenac for the joint procurement of an upgraded system that will meet our current needs included a system that is portable so it can be set up at any site along with improved audio quality. A separate report will be provided to Council in the near future with an update on this project.
Financial Implications The included drawings provide for upgrades to Council Chambers that include a permanent desk configuration as well as tables and chairs. Based on the consultants estimate, staff are seeking approval for an increased budget from $15,000 to $25,000. Further, the original budget was being funded from reserves. However, the Township has remaining COVID-19 Safe Restart funding from the province that can be allocated to this project. It is staff’s recommendation that the funding source be changed to the COVID-19 Safe Restart 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.
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation Angela Maddocks, Clerk www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 16 of 239 Township of South Frontenac Staff Report - Council Chamber Furniture Upgrades
Attachments
- 2021 Capital Budget Sheet
- Council Chamber Layouts
Approvals Approved By:
Louise Fragnito Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
28/01/2021
Capital Project Detail Sheet Project Information Project Name:
Council Chambers Furniture Upgrades
Type of Project: Other Capital
Project Number: 21-34
Basis for Activty: Other
Department: CAO/Clerk
Relationship to Strategic Plan: N/A
Description: New modular boardrom tables (staff/meetings) Includes Council configuration with revised COVID-19 setup/spacing New ergonomic chairs x 4 (4 x $250, 14 x Tables $1,000)
Rationale: Recognize growing use of Council Chambers as alternative meeting space due to size-related capacity issues of other spaces as a result of covid; provides flexible meeting/board table configuration and staff table configuration for Council meetings.
Staff Contact: Neil Carbone, CAO
Project Finances Operating Impacts:
Budget Year(s)
Exp/(Rev)
FTE
Explanation:
Phase(s) Purchase
Prior Approved
2021
Current (2021) Year Cost:
$15,000
Prior Expensed to Date:
$0
Total Project Cost:
$15,000
2022
2023
2024
2025
15,000
Design
Construction
Other
Government Funding
Donations
Working Fund Reserve
7,500
User Fees
Taxation
7,500
Funding Source(s)
Page 17 of 239
Page 1
TOWNSHIP OF SOUTH FRONTENAC
This drawing is the property of Workspace Interiors and is not be reproduced without permission. If requested, this drawing must be returned to Workspace Interiors. Drawing is not to scale and should not be used for construction purposes.
3’-6"
COUNCIL CHAMBERS | OPTION
SCALE: 1/4"=1’-0"
4’-0"
7’-1 3/8"
DEPUTY CLERK
MAYOR
3’-0"
3’-0"
CAO 2’-6"
CLERK
COLORS SHOWN ARE DIGITALLY REPRODUCED AND ARE AS CLOSE TO THE ACTUAL SAMPLES AS POSSIBLE. REFER TO INDIVIDUAL SAMPLES TO VIEW A TRUE REPRESENTATION.
7’-1 3/8"
3’-0"
3’-5
"
Client Approval: Signature: Date:
2’-6"
2’-0"
SCALE: 1/4"=1’-0" PLEASE INCLUDE GROMMET HOLE CUTOUT IN WORKSURFACE (X1) FOR WORKRITE JIBE DUAL MONITOR ARM (CLAMP MOUNT)
PLEASE INCLUDE GROMMET HOLE CUTOUTS IN WORKSURFACES (X4) FOR WORKRITE CLAMP MOUNT POWER MODULE
Date:
By:
X6
X6
X6
Rev.:
Date:
By:
X5
X5
X5
Rev.:
Date:
By:
X4
X4
X4
Rev.:
Date:
By:
X3
X3
X3
Rev.:
Date:
By:
2
8/3/2022
S. WILSON
Rev.:
Date:
By:
1
7/22/2022
S. WILSON
3’-6"
(X14) ZOOK™ TABLES RECTANGULAR TOP FLIP-TOP TABLES WITH MODESTY PANELS, 30"W X 24"D
Rev.:
STAFF
STAFF
3’-2"
2’-0"
DELEGATE
Client:
TOWNSHIP OF SOUTH FRONTENAC Project:
ABOVE DESK CLAMP MOUNT POWER MODULE: -TWO TAMPER-RESISTANT POWER RECEPTACLES -TWO 5 V USB CHARGES—2.1 A EACH -ELECTRICAL RATING: 125 V, 60 HZ, 15 A -10’ POWER CORD -UNIT CLAMPS ABOVE WORK SURFACE -AVAILABLE IN WHITE (W) OR BLACK (B) FINISH
COUNCIL CHAMBERS Address:
4432 George St. Box 100 Sydenham ON, K0H 2T0 Title:
PROPOSED LAYOUT Consultant:
RUNDEEP BAJWA Drawn by:
S. WILSON Date:
Folder:
7/11/2022
13797
Scale:
Page:
VARIES
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SCALE: 3/16"=1’-0"
JIBE DUAL MONITOR ARM: SPACE SAVING OVERLAP ARM DESIGN SUPPORTS TWO 5–20 LB MONITORS MAXIMUM MONITOR HEIGHT: 20.27″ ARTICULATION RANGE: 12.60″ FORWARD REACH: 22.67″ STOWED DEPTH: 3.55″ MONITOR: TILT: +/- 40 DEGREES PIVOT: +/- 90 DEGREES ROTATION: +/- 90 DEGREES STANDARD VESA (75 & 100 MM) AVAILABLE IN SILVER, BLACK, & WHITE INCLUDES C-CLAMP & GROMMET MOUNT OPTIONS OPTIONAL USB KIT
TOWNSHIP OF SOUTH FRONTENAC COUNCIL CHAMBERS | DESKS ISOMETRIC VIEW
This drawing is the property of Workspace Interiors and is not be reproduced without permission. If requested, this drawing must be returned to Workspace Interiors. Drawing is not to scale and should not be used for construction purposes.
COLORS SHOWN ARE DIGITALLY REPRODUCED AND ARE AS CLOSE TO THE ACTUAL SAMPLES AS POSSIBLE. REFER TO INDIVIDUAL SAMPLES TO VIEW A TRUE REPRESENTATION.
Client Approval: Signature: Date: Rev.:
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Client:
TOWNSHIP OF SOUTH FRONTENAC Project:
COUNCIL CHAMBERS Address:
4432 George St. Box 100 Sydenham ON, K0H 2T0 Title:
PROPOSED LAYOUT Consultant:
RUNDEEP BAJWA S. WILSON Date:
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7/11/2022
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STF
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Drawn by:
TOWNSHIP OF SOUTH FRONTENAC
This drawing is the property of Workspace Interiors and is not be reproduced without permission. If requested, this drawing must be returned to Workspace Interiors. Drawing is not to scale and should not be used for construction purposes.
3’-6"
COUNCIL CHAMBERS | OPTION
4’-0"
7’-1 3/8"
DEPUTY CLERK
MAYOR
3’-0"
3’-0"
CAO 2’-6"
CLERK
COLORS SHOWN ARE DIGITALLY REPRODUCED AND ARE AS CLOSE TO THE ACTUAL SAMPLES AS POSSIBLE. REFER TO INDIVIDUAL SAMPLES TO VIEW A TRUE REPRESENTATION.
7’-1 3/8"
3’-0"
3’-5
"
Client Approval: Signature: Date:
2’-6"
2’-0"
(X4) SPRITZ™ WEIGHT SENSING SYNCHRO-TILTER WITH ADJUSTABLE HEADREST (X8) SPRITZ™ WEIGHT SENSING SYNCHRO-TILTER
(X6) SPRITZ™ FLIP SEAT NESTING ARMCHAIR, CASTERS
Date:
By:
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(X14) ZOOK™ TABLES RECTANGULAR TOP FLIP-TOP TABLES WITH MODESTY PANELS, 30"W X 24"D
Rev.:
STAFF
STAFF
3’-2"
2’-0"
DELEGATE
Client:
TOWNSHIP OF SOUTH FRONTENAC Project:
COUNCIL CHAMBERS Address:
4432 George St. Box 100 Sydenham ON, K0H 2T0 Title:
PROPOSED LAYOUT Consultant:
RUNDEEP BAJWA S. WILSON
SCALE: 3/16"=1’-0"
Date:
(X14) ZOOK™ TABLES RECTANGULAR TOP FLIP-TOP TABLES WITH MODESTY PANELS, 30"W X 24"D
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Drawn by:
TOWNSHIP OF SOUTH FRONTENAC
This drawing is the property of Workspace Interiors and is not be reproduced without permission. If requested, this drawing must be returned to Workspace Interiors. Drawing is not to scale and should not be used for construction purposes.
3’-6"
COUNCIL CHAMBERS | CLASSROOM TYPICAL LAYOUT
4’-0"
7’-1 3/8"
DEPUTY CLERK
MAYOR
3’-0"
3’-0"
CAO 2’-6"
CLERK
COLORS SHOWN ARE DIGITALLY REPRODUCED AND ARE AS CLOSE TO THE ACTUAL SAMPLES AS POSSIBLE. REFER TO INDIVIDUAL SAMPLES TO VIEW A TRUE REPRESENTATION.
7’-1 3/8"
3’-0"
Client Approval: Signature: Date:
(X4) SPRITZ™ WEIGHT SENSING SYNCHRO-TILTER WITH ADJUSTABLE HEADREST (X6) SPRITZ™ FLIP SEAT NESTING ARMCHAIR, CASTERS
3’-3"
3’-3"
(X8) SPRITZ™ WEIGHT SENSING SYNCHRO-TILTER
STAFF 3’-0 1/2"
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STAFF 3’-0 3/4"
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DELEGATE 3’-0 5/8"
Rev.:
Client:
TOWNSHIP OF SOUTH FRONTENAC Project:
COUNCIL CHAMBERS Address:
4432 George St. Box 100 Sydenham ON, K0H 2T0 Title:
PROPOSED LAYOUT Consultant:
RUNDEEP BAJWA S. WILSON
SCALE: 3/16"=1’-0"
Date:
(X14) ZOOK™ TABLES RECTANGULAR TOP FLIP-TOP TABLES WITH MODESTY PANELS, 30"W X 24"D
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7/11/2022
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Drawn by:
TOWNSHIP OF SOUTH FRONTENAC
This drawing is the property of Workspace Interiors and is not be reproduced without permission. If requested, this drawing must be returned to Workspace Interiors. Drawing is not to scale and should not be used for construction purposes.
3’-6"
COUNCIL CHAMBERS | BREAKOUT TYPICAL LAYOUT
4’-0"
7’-1 3/8"
DEPUTY CLERK
MAYOR
CAO
3’-0"
3’-0"
3’-0"
2’-6"
CLERK
COLORS SHOWN ARE DIGITALLY REPRODUCED AND ARE AS CLOSE TO THE ACTUAL SAMPLES AS POSSIBLE. REFER TO INDIVIDUAL SAMPLES TO VIEW A TRUE REPRESENTATION.
7’-1 3/8"
Client Approval: 6’-4 7/8"
6’-5"
Signature: Date:
6’-4 7/8"
(X4) SPRITZ™ WEIGHT SENSING SYNCHRO-TILTER WITH ADJUSTABLE HEADREST (X6) SPRITZ™ FLIP SEAT NESTING ARMCHAIR, CASTERS
STAFF
DELEGATE
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(X8) SPRITZ™ WEIGHT SENSING SYNCHRO-TILTER
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S. WILSON
Client:
TOWNSHIP OF SOUTH FRONTENAC Project:
COUNCIL CHAMBERS Address:
4432 George St. Box 100 Sydenham ON, K0H 2T0 Title:
PROPOSED LAYOUT Consultant:
RUNDEEP BAJWA S. WILSON
SCALE: 3/16"=1’-0"
Date:
(X14) ZOOK™ TABLES RECTANGULAR TOP FLIP-TOP TABLES WITH MODESTY PANELS, 30"W X 24"D
Folder:
7/11/2022
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VARIES
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Drawn by:
TOWNSHIP OF SOUTH FRONTENAC
This drawing is the property of Workspace Interiors and is not be reproduced without permission. If requested, this drawing must be returned to Workspace Interiors. Drawing is not to scale and should not be used for construction purposes.
3’-6"
COUNCIL CHAMBERS | FUTURE GROWTH TYPICAL LAYOUT
4’-0"
7’-1 3/8"
DEPUTY CLERK
MAYOR
3’-0"
3’-0"
CAO 2’-6"
CLERK
COLORS SHOWN ARE DIGITALLY REPRODUCED AND ARE AS CLOSE TO THE ACTUAL SAMPLES AS POSSIBLE. REFER TO INDIVIDUAL SAMPLES TO VIEW A TRUE REPRESENTATION.
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Signature: Date:
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FUTURE FUTURE
STAFF
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QTY TBD SPRITZ™ WEIGHT SENSING SYNCHRO-TILTER
QTY TBD SPRITZ™ FLIP SEAT NESTING ARMCHAIR, CASTERS
FUTURE FUTURE
(X4) SPRITZ™ WEIGHT SENSING SYNCHRO-TILTER WITH ADJUSTABLE HEADREST
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S. WILSON
FUTURE
3’-0"
3’-6"
Client:
TOWNSHIP OF SOUTH FRONTENAC Project:
COUNCIL CHAMBERS Address:
4432 George St. Box 100 Sydenham ON, K0H 2T0 Title:
PROPOSED LAYOUT Consultant:
RUNDEEP BAJWA S. WILSON
SCALE: 3/16"=1’-0"
Date:
(X14) ZOOK™ TABLES RECTANGULAR TOP FLIP-TOP TABLES WITH MODESTY PANELS, 30"W X 24"D
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To: Council Prepared by: Office of the Chief Administrative Officer Date of Meeting: September 6, 2022 Subject: Next Generation 9-1-1 Agreement
Summary This report provides information on the Next Generation 9-1-1(NG9-1-1) system and seeks authorization to enter into a service agreement with Bell Canada in order to meet the regulatory framework to modernize emergency services communications.
Recommendation That Council authorize the Mayor and the Clerk to sign the Next Generation 9-1-1 Authority Service Agreement on behalf of the Township.
Background In 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) released a regulatory framework for Next Generation 9-1-1 (NG9-1-1) across Canada. This mandates that all telephone companies update their networks to be ready for NG9-1-1 voice and text messaging. NG9-1-1 will modernize emergency service communications. Bell Canada, the NG9-1-1 service provider in Ontario, has provided a NG9-1-1 Authority Service Agreement. This new Agreement is required to be signed between Bell and municipal 9-1-1 Authorities and will replace all existing 9-1-1 agreements.
Discussion/Analysis The 9-1-1 Municipal Authority plays a critical role in advancing NG-9-1-1 forward. Public Safety Answering Points (PSAPs) are unable to migrate to NG-9-1-1 until the new agreements have been signed. The County of Frontenac is working on transition requirements, including:
review and comparison of existing road naming and civic addressing by-laws, to identify similarities, differences, and inconsistencies between the documents.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 25 of 239 Township of South Frontenac Staff Report - Next Generation 9-1-1 Agreement
drafting a policy and procedures document to standardize the process(es) across the County. The County will be seeking input from Township staff to help establish this document. continue to validate address points across the region. With the help of a student, the County anticipate major progress this summer. To date, 75% of the civic address point have been verified.
A copy of the NG9-1-1 agreement is attached. Details specific to South Frontenac Township will be completed and Frontenac County GIS will be listed in Schedule G as the GIS aggregator / provider.
Financial Implications In 2021, the County added an additional GIS specialist to be dedicated to upgrade the County’s current 9-1-1 data to meet the requirements under NG9-1-1. South Frontenac provides a proportionate share of the associated costs of this position which is included within the GIS service agreement with the County. No other financial implications are anticipated. The different PSAPs serving the region will incur costs to upgrade their systems and equipment in preparation for NG9-1-1. (For Example: The City of Kingston provides dispatch for Fire Services.)
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.
Climate Considerations ☒ Not applicable to this report.
Attachments NG9-1-1 Agreement
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 26 of 239 Township of South Frontenac Staff Report - Next Generation 9-1-1 Agreement
Approvals Approved By:
Louise Fragnito Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 27 of 239 Confidential Information of Bell Canada
December 2021
NEXT GENERATION 9-1-1 AUTHORITY SERVICE AGREEMENT
This Agreement is between [INSERT 9-1-1 AUTHORITY NAME], a municipality, local service board, first nation, province or other authorized signing authority located at [INSERT ADDRESS] (the “9-1-1 Authority”) AND BELL CANADA, a company incorporated under the laws of Canada, and located at 1 carrefour Alexander Graham Bell, Building A7, Verdun, Quebec H3E 3B3 (“Bell”)
WHEREAS Next Generation 9-1-1 Service (as defined below) is a service that replaces Enhanced 9-1-1 (“E9-1-1”) service and is based on Internet Protocol (IP) technologies and supports 9-1-1 Calls natively IP end-to-end; AND WHEREAS the Canadian Radio-television and Telecommunications Commission (“CRTC”) determined in Telecom Decision CRTC 2015-531 that Canada’s NG9-1-1 system should use the National Emergency Number Association standard (“NENA i3”) as the baseline reference architecture; AND WHEREAS in June 2017, the CRTC rendered Telecom Regulatory Policy CRTC 2017-182, which, among other things, directed all Incumbent Local Exchange Carriers (“ILEC”s) to establish Next Generation 9-1-1 networks by 9-1-1 network service providers; AND WHEREAS Bell operates and manages a Next Generation 9-1-1 System serving the provinces where it is the ILEC and where requested by a Small Incumbent Local Exchange Carrier (“SILEC”) to operate as the SILEC’s NG9-1-1 network provider, including in the territory in which the 9-1-1 Authority operates. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
DEFINITIONS In this Agreement, in addition to those terms which are parenthetically defined, capitalized terms shall have the meanings ascribed to them in Schedule “A” (Definitions).
SCOPE OF AGREEMENT (a) Agreement: The 9-1-1 Authority requests and Bell will provide to the 9-1-1 Authority the Next Generation 9-1-1 services (the “NG9-1-1 Service”) described below and in the schedules attached to, and forming part of, this agreement (each a “Schedule”) in accordance with the terms and conditions of this agreement. Altogether, the Tariffs (as defined in Section 2(b), the terms and conditions set out in this agreement, and the applicable Schedules form the “Agreement”. (b) Tariffed Services and CRTC Approval: The NG9-1-1 Service is regulated by the CRTC and shall only be provided in compliance with the applicable tariffs including CRTC 7400, Bell Canada National Services Tariff Item 601 – Next Generation 9-1-1 (NG9-1-1) Service (together with all applicable decisions, directions and orders of the CRTC, are referred to herein as the “Tariffs”), and the Tariffs, which form part of this Agreement, shall prevail in the event of a conflict with the terms and conditions set out herein. (c) Service Description: The NG9-1-1 Service provides a managed, private, dedicated IP network referred to as the Emergency Services Internet Protocol network (“ESInet”). The ESInet provides the transport and interconnectivity for all i3-PSAPs within the Serving Area as well as Originating Service Provider networks supporting 9-1-1 Calls over IP-based networks and devices. For i3-PSAPs, the ESInet is delivered to the PSAP operations premise using Bell’s IP VPN service to the PSAPs authorized by the 9-1-1 Authority. The NG9-1-1 Service also provides a series of applications and service interfaces known as NG9-1-1 Core Services (“NGCS”) and may include other
Page 28 of 239 Confidential Information of Bell Canada
third party applications from trusted entities as may be requested by the 9-1-1 Authority and agreed to by Bell. Bell provided NG9-1-1 Service features are described in the User-to-Network Interface (“UNI”) and in Schedule ‘B” (NG9-1-1 Network Features). 9-1-1 Authority agrees that Bell is not responsible nor liable for damages arising from 9-1-1 Authority’s use of third party applications in conjunction with the NG9-1-1 Service. (i) In accordance with CRTC 7400, Bell Canada National Services Tariff Item 601, Bell agrees to: A. Provide NG9-1-1 Service to the 9-1-1 Authority within the Serving Area; B. Provide ESInet IP connection with redundant and, dependent upon availability, diverse facilities to PSAP locations designated by the 9-1-1 Authority and as listed in Schedule “C” (PSAP Designations & Locations); C. Selectively route and enable selective transfer of 9-1-1 Calls to the Primary-PSAP, Secondary-PSAPs and Dispatch Agency according to policy routing rules crafted to the needs of the 9-1-1 Authority, including those described in PSAP Contingency Plans; D. Transmit geodetic and/or civic location information, call back number of the 9-1-1 Caller and any additional available data elements as made available by the Originating Network Provider (“ONP”); E. Receive, aggregate and maintain into a single dataset representative of Bell’s entire serving area, mapping and addressing information provided by the 9-1-1 Authority or to its designee; F. Perform Quality Assurance and Quality Control (QA/QC) on the aggregated dataset and provide mapping and addressing discrepancy / errors reporting back to the 9-1-1 Authorities or to their designees; G. Maintain a dedicated 24X7 9-1-1 Control Centre to support the NG9-1-1 Service; H. Maintain a Basic 9-1-1 Final Routing Alternative involving a third-party call centre, such as those used for nomadic VoIP calls; and I.
Enable access to location information when provided by-reference by the ONP with the original NG9-11 call;
J.
Enable access to the additional data repositories provided by trusted entities as defined by the CRTC.
(ii) The 9-1-1 Authority agrees to: A. Designate Primary PSAPs, Secondary PSAPs and Back-Up PSAPs to answer and dispatch 9-1-1 Calls in the Serving Area; B. Where not otherwise defined by applicable provincial legislation and absent a provincial body that acts as a GIS data aggregator, create, maintain and update all boundaries, addressing and mapping information according to applicable standards (MSAG and GIS) and perform quality assurance and control on the data prior to submission. If a third party is to provide the GIS data on behalf of the 9-1-1 authority, such party shall be identified in Schedule “G”, and that 9-1-1 specific GIS data layers must be provided directly to Bell in a secure manner without transiting through any shared open platform; C. Take responsibility for changes to the 9-1-1 call routing resulting from submitted GIS data.
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D. Ensure that all designated PSAPs are compliant with specifications and guidelines outlined in Schedule “D” (Specifications & Guidelines); E. Ensure, all PSAPs in the Serving Area are compliant with the deployment criteria listed in Schedule “E” (Deployment Criteria); F. Ensure all PSAPs in the Serving Area have secure 9-1-1 data and systems which security includes physical security, network security, cybersecurity and all other considerations within the PSAPs domains; G. Ensure all PSAPs in the Serving Area have and maintain current contact information and make it available as per the NENA i3 standard; H. Ensure the Primary PSAP accepts specific planned test calls from the public; I.
Ensure the Primary PSAP implements a call handling solution that includes a test call interface and automaton as described in NENA i3;
J.
Resolve mapping and addressing discrepancies / errors reported to the GIS Authorities by Bell in a timely manner or as otherwise specified in the discrepancy report;
K. Provide supporting technical and operational documentation as listed in Schedule “D” (Specifications & Guidelines) on the Bell 9-1-1 Flex Portal; and L. Ensure Bell is provided in writing the information listed in Schedule F where the 9-1-1 Authority is a Government Provincial PSAP and ensure such information is current at all times. (iii) The NG9-1-1 Authority acknowledges and agrees that NG9-1-1 Service resiliency, reliability and security depends upon the following: A. The type and capabilities of the Originating Service Provider and the technology from which 9-1-1 Calls originate; B. The accuracy of the data provided by the various NG9-1-1 stakeholders including the 9-1-1 Authority, PSAP and Originating Service Providers and other trusted entities; C. The use of encryption and appropriate security protocols as described in Schedule E of this Agreement and as may be further developed over time; and D. The availability of entrance diversity configuration, and physical attributes including the distance between entry points and power diversity of the PSAP Location, and agrees that ensuring the foregoing elements are the best available will improve its experience with the NG9-1-1 Service. (iv) Bell and 9-1-1 Authority agree that the implementation of Next Generation 9-1-1 Service within the Serving Area shall be carried out pursuant to the User-to-Network Interface (UNI) Technical Specification Document and the requirements established by the CRTC, and the Parties agree to update this Agreement as the CRTC requirements evolve. (v) The NG9-1-1 Service allows for many new feature possibilities with regards to types of data that can be transmitted. The availability of these features may require upgrades to software and or hardware by the PSAP. Page 3 of 19
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(vi) The NG9-1-1 Service will require security updates on an ongoing basis. To ensure the security of the NG91-1 Service, the NG9-1-1 Authority commits to ensure the PSAPs selected to serve its inhabitants, apply security updates (including any security patches) promptly. In the event of a PSAP failure to apply security updates Bell may, in its sole discretion, remove the PSAP from Bell’s ESInet. (vii) In the event a PSAP is removed from Bell’s ESInet, 9-1-1 Calls destined for the PSAP will be rerouted in accordance with the PSAP’s defined Policy Routing Rules. (d) Bell Providers: Bell may perform its obligations under this Agreement through its affiliates (as defined in the Canada Business Corporations Act) (an “Affiliate”), agents, suppliers or subcontractors (the “Bell Providers”), but Bell shall not be relieved of its obligations by using the Bell Providers. 3.
FEES The CRTC approved Tariffs set out certain rates, fees, and charges and capital, development or installation costs (if any) (the “Fees”) applicable to the NG9-1-1 Services. The 9-1-1 Authority shall pay Fees that are specified in the Tariffs. For services related to the NG9-1-1 Services but not specified or included in the Tariffs, such as expenses related to additional sites or circuits the 9-1-1 Authority may require beyond those provided for by the Tariff, the 9-1-1 Authority shall pay the fees as agreed to by the Parties. The 9-1-1 Authority shall also pay applicable taxes levied or assessed by taxing authorities or imposed by third-party providers in the rendering of services required by the 9-1-1 Authority, if any, (collectively “Taxes”). The 9-1-1 Authority shall pay Fees and Taxes within 30 days of the invoice date. Fees and Taxes are subject to a late payment charge (“Late Payment Charge”) at the rate specified in the invoice, which rate may vary from time to time, calculated from the invoice date, if Fees and Taxes are not paid within 30 days of the invoice date. For clarity, a 9-1-1 authority may arrange for their designated PSAP to pay applicable Fees and Taxes on their behalf and request that invoices for services rendered with respect to the NG9-1-1 services be sent directly to the designated PSAP.
TERM AND TERMINATION (a) Term: The term of this Agreement (the “Initial Term”) will begin on the date it is signed by the 9-1-1 Authority (the “Effective Date”) and it will expire or terminate after ten (10) years unless otherwise terminated under the terms of this Agreement. (b) Renewal Term(s): If permitted under the relevant Tariffs, upon expiry of the Initial Term the Agreement shall be automatically renewed for successive periods of five (5) years each unless one party gives to the other at least six (6) months written notice of termination prior to the end of the initial term or any renewal period (in each case, a “Renewal Term”). The Initial Term and any Renewal Term(s) are collectively referred to as the “Term”. (c) Termination or Suspension of a Service: Bell may immediately suspend the entirety or a portion of the NG9-11 Service where Bell has reasonable cause to believe that the 9-1-1 Authority’s traffic is compromised or otherwise poses a risk to the NG9-1-1 Service. For any reason other than the integrity of NG9-1-1 Service, the 91-1 Authority may terminate the NG9-1-1 Service, or Bell may terminate or suspend the NG9-1-1 Service, in accordance with the terms of the relevant Tariffs with six (6) months prior written notice.
LIMITATION OF LIABILITY (a) Bell’s liability for the performance of its obligations pursuant to this Agreement shall be subject to and governed by Bell’s Tariffs. (b) The 9-1-1 Authority and Bell shall, during the Term, maintain sufficient insurance to cover their respective obligations under this Agreement and shall provide evidence of same to the other party or, if either the 9-1-1 Authority or Bell is self-insured, provide to the other party evidence that is satisfactory to that party that the 9-1-1 Page 4 of 19
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Authority and/or Bell, as the case may be, is and will be, at all relevant times, in a position to face successfully its monetary obligations stemming from liability under this Agreement. 6.
CONFIDENTIAL INFORMATION (a) “Confidential Information" means any data, documentation or other information of a proprietary or confidential nature of a party, or its Affiliates, or which is treated as confidential by a party or its Affiliates, whether or not identified as being confidential or proprietary, which is disclosed or made available to the other party in connection with the negotiation, preparation or performance of this Agreement. The design, installation, delivery or implementation of the Services, including pricing information, service levels and network design specifications shall constitute Confidential Information of Bell. Confidential Information excludes the 9-1-1 Authority’s name, address and listed telephone number and any data, documentation or other information which is (i) in the public domain, (ii) known to the receiving party prior to receipt thereof from the disclosing party, or (iii) available to the receiving party on a non-confidential basis from a source other than the disclosing party , if that source or its source is not in breach of any obligations of confidentiality to the disclosing party ; or (iv) the receiving party can show to have been developed independently by the receiving party without using the Confidential Information of the disclosing party. The receiving party agrees to take such care to protect the confidentiality of the Confidential Information as would be taken by a reasonable party to protect its own Confidential Information from disclosure subject to the exceptions set out below. (b) Except as: (i) permitted or required by law, regulation or lawful request or to carry out its obligations; and (ii) required to receive or provide the Services under this Agreement, as applicable, the receiving party agrees not to use or disclose the Confidential Information without disclosing party’s prior written consent. For clarity, any information exchanged between Bell and the 9-1-1 Authority, their employees, servants, agents and/or co-contractors pertaining to the design, the development, the implementation, the operation and the maintenance of the NG9-1-1 Service is confidential, and shall be provided only to such persons who have a need to know for the purposes of this Agreement. (c) The 9-1-1 Authority consents to Bell disclosing 9-1-1 Authority information to the CRTC as required for the CRTC to approve any regulatory filings or CRTC requests for information related to the Services. Additionally, 9-1-1 information that is available with a 9-1-1 Call is provided on a confidential basis pursuant to CRTC 7400, Bell Canada National Services Tariff Item 601 as an exception to Item 10 Article 11 of the Bell Canada General Tariff and shall be used for the sole purpose of answering and dispatching 9-1-1 Calls (d) In the event that Bell is provided with access to the 9-1-1 Authority’s End Users’ information (“End User Data”), 91-1 Authority shall ensure that it has all the requisite consents for Bell to use such End User Data in the manner contemplated under this Agreement. The 9-1-1 Authority acknowledges and agrees that in the event that the 9-11 Authority provides Bell with access to End User Data where Bell is not required to have such access, Bell shall not be liable for any loss, unauthorized access to, or any other act or omission in relation to the End User Data. (e) The 9-1-1 Authority and Bell agree to abide by all applicable legislation with respect to the protection of privacy in effect from time to time. (f) The 9-1-1 Authority shall ensure their PSAPs comply with the terms of this Section 6. Bell shall only share Confidential Information pertaining to this Agreement with the PSAPs identified in Schedule “B” (PSAP Designations & Locations).
FORCE MAJEURE (a) If there is a default or delay in a party’s performance of its obligations under this Agreement (except for the obligation to make any payments under this Agreement), and the default or delay is caused by circumstances beyond the reasonable control of that party including fire, flood, earthquake, elements of nature, acts of God, epidemic, pandemic, explosion, power failure, third party caused damage to network infrastructure (e.g., a cable cut), war, terrorism, cyber terrorism/warfare, revolution, civil commotion, cyber terrorism/warfare, acts of public enemies, law, order, regulation, ordinance or requirement of any government or legal body having jurisdiction, or Page 5 of 19
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labour unrest such as strikes, slowdowns, picketing or boycotts (each an “Event of Force Majeure”), then that party shall not be liable for that default or delay, and shall be excused from further performance of the affected obligations on a day-by-day basis, if that party uses commercially reasonable efforts to expeditiously remove the causes of such default or delay in its performance. (b) Bell and the 9-1-1 Authority agree that in the Event of a Force Majeure the parties will co-operate and make all reasonable efforts to provide a temporary replacement service until the NG9-1-1 Service is restored. The costs required to provide temporary replacement service shall be borne as between Bell and the 9-1-1 Authority in accordance with the Parties’ respective obligations as described in Sections 2(c)(i) & (ii) of this Agreement. 8.
GENERAL PROVISIONS (a) No Resale: The 9-1-1 Authority shall not resell or remarket any Service for commercial purposes under the terms and conditions of this Agreement. (b) Entire Agreement and Amendment: This Agreement is the entire agreement between the 9-1-1 Authority and Bell with respect to the subject matter, and supersedes all prior agreements, understandings, commitments, undertakings, proposals, representations, negotiations and discussions on the subject matter, whether written or oral. There are no, and Bell shall not be liable for, conditions, agreements, representations, warranties or other provisions, express or implied (including through course of dealing), collateral or otherwise, relating to the subject matter of this Agreement, which induced either party to enter into this Agreement or on which either party places any reliance, other than those set forth in this Agreement. This Agreement shall not be amended other than by an instrument in writing signed by both parties and stating that the parties intend to amend this Agreement. (c) Assignment: (i) This Agreement shall bind and enure to the benefit of Bell and the 9-1-1 Authority and their respective successors and permitted assigns. Neither party may assign this Agreement in whole or in part, including any Schedule, without the prior written consent of the other party, not to be unreasonably withheld. However, without the other party’s consent, subject to Paragraph (ii) below, a party may assign all or part of its benefits, rights or obligations under this Agreement to an Affiliate or to an entity in connection with any transaction or series of transactions pursuant to which all or a substantial part of the assigning party’s business is assigned to or otherwise results in forming all or part of the business of such entity (including a present or future affiliate, whether by way of reorganization, consolidation, amalgamation, arrangement, merger, transfer, sale, change in control or otherwise, and, provided such entity, as assignee, agrees to be bound by this Agreement and assumes the obligations assigned under this Agreement pursuant to this Subsection, on and after the effective date of such assignment. (ii) Bell’s prior written consent shall be required in the event of a proposed assignment by 9-1-1 Authority if, in Bell’s determination, the 9-1-1 Authority’s proposed assignee is deemed to be (A) not credit worthy; (B) a competitor of Bell; or (C) non-compliant with any eligibility criteria for the Services. Bell may also assign any receivable that arises under this Agreement, any right to receive payment related to that receivable and any interest in that receivable or right to receive payment. (d) Governing Law: This Agreement shall be governed by and interpreted according to the laws of Ontario unless the 9-1-1 Authority’s head office is situated in Quebec. If the 9-1-1 Authority’s head office is situated in Quebec, this Agreement shall be governed by and interpreted according to the laws of Quebec. The applicable governing law shall be determined as noted above without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. The parties attorn to the exclusive jurisdiction of the courts of Toronto unless the 9-1-1 Authority’s head office is situated in Quebec, in which case the Parties attorn to the exclusive jurisdiction of the courts of Montreal in respect of all matters arising out of or in connection with this Agreement except CRTC regulatory matters. For CRTC regulatory matters the parties attorn to the exclusive jurisdiction of the federal courts or tribunals of Canada. (e) Interpretation: In this Agreement, the headings are for convenience of reference only and shall not affect its construction or interpretation. If there is any conflict between the terms of the main body of this Agreement and a Page 6 of 19
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Tariff, if applicable to the Service in dispute, the terms of the applicable Tariff shall govern. If there is any conflict between the terms of the main body of this Agreement and the Schedules, the terms of the main body of the Agreement shall govern unless otherwise expressly provided in writing in a Schedule. (f) Waivers: No waiver of any provision of this Agreement shall bind a party unless consented to in writing by that party. No waiver of any provision of this Agreement shall be a waiver of any other provisions, nor shall any waiver be a continuing waiver, unless otherwise expressly provided in the waiver. (g) Notice: All notices and consents provided for shall be given in writing and delivered by personal delivery, prepaid first class registered or certified mail, by facsimile, by regular mail or e-mail. Notices delivered by facsimile shall be considered to have been received upon the sender obtaining a bona fide confirmation of such delivery. Notices delivered by e-mail shall include the following, and shall only be effective if the recipient provides by e-mail a confirmation of delivery and the date of acceptance of the delivery: (i) sender’s name, address, telephone number, fax number and e-mail address; (ii) date and time of the transmission; and (iii) the name and telephone number of a person to contact in the event of transmission problems. Delivery of notices after 4:00 p.m. at the address being served constitutes delivery the following day. Notices delivered by regular mail shall be deemed received on the fifth day after the notice has been mailed. The address for notice shall be: For the 9-1-1 Authority,
_____________________________; and For Bell, c/o 9-1-1 Service Team 930 d’Aiguillon, B320 Quebec, G1R 5M9 Email: signatures.911@bell.ca With a copy to, c/o Corporate Secretary 1 Carrefour Alexander Graham Bell, Building A, 4th Floor Verdun, Québec H3E 3B3. Facsimile: (514) 766-8161 The 9-1-1 Authority shall notify Bell of a change in its billing address and any change in its corporate name or any business or trade name used in connection with the Services. (h) Severability: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the other provisions of this Agreement shall not be affected or impaired, and the offending provision shall automatically be modified to the least extent necessary in order to be valid, legal and enforceable. (i) Survival: The following Sections of this Agreement shall survive termination or expiration of this Agreement: Sections 3 (Fees ), 4(c) (Termination or Suspension of a Service), 5 (Limitation of Liability), 6 (Confidential Information), and this Section 8 (General Provisions). (j) Counterparts: This Agreement may be signed in one or more counterparts (including through electronic signatures), each of which shall be considered an original and all of which, taken together, shall constitute one and the same instrument.
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(k) Language: The parties have requested that this Agreement and all correspondence and all documentation relating to this Agreement be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise. (l) No Partnership and Third-Party Beneficiaries: Bell is an independent contractor of the 9-1-1 Authority. The Agreement shall not be construed to and does not create a relationship of agency, partnership, employment or joint venture. Nothing in this Agreement, express or implied, shall or is intended to confer on any other person, firm or enterprise, any rights, benefits, remedies, obligations or liabilities of this Agreement, other than the parties, their respective successors or permitted assigns.
[9-1-1 AUTHORITY NAME]
BELL CANADA
<%eomSignatoryId_1%> SIGNATURE:
<%Cust_Signature_1%>
SIGNATURE:
NAME:
<%Cust_Full_Name_1%>
NAME:
<%Bell_Full_Name_2%>
TITLE:
<%Cust_Title_1%>
TITLE:
<%Bell_Title_2%>
I am authorized to bind the 9-1-1 Authority to the terms and conditions of this Service Schedule.
I am authorized to bind Bell Canada to the terms and conditions of this Service Schedule.
DATE:
DATE:
<%Cust_Signature_Dt_1%>
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<%Bell_Signature_Dt_2%>
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Schedule “A” DEFINITIONS In this Agreement, in addition to those terms which are parenthetically defined, capitalized terms shall have the meanings ascribed to them in this Schedule “A” and where not otherwise defined in this Agreement, as ascribed in the current Network Interconnection (UNI) Document. “9-1-1 Authority” means the municipality, local service board, first nation, province or any other authorized signing authority responsible for 9-1-1 service operations pursuant to the Bell Canada National Services Tariff Item 601 – Next Generation 9-1-1 (NG9-1-1) Service, and defined as the 9-1-1 Authority party to this Agreement; “9-1-1 Call” means a request for public safety assistance signalled by a 9-1-1 Caller using a device and communications service supporting 9-1-1 dialling, and delivered through the NG9-1-1 Service, regardless of the media (e.g., voice, video, text, other) used to make that request; “9-1-1 Caller” means end user dialing 9-1-1; “9-1-1 Control Centre” means a dedicated 9-1-1 24/7 support, maintenance and surveillance centre; “Agreement” has the meaning ascribed to it in Section 2(a); “Back-Up PSAP” or “Back-Up Public Safety Answering Point” means the back-up PSAP as identified by the 9-1-1 Authority in Schedule “C”; “Basic 9-1-1 Final Routing Alternative” means the designated last resort routing destination involving a third-party call centre, such as those used for nomadic VoIP calls; “Bell 9-1-1 Flex Portal” means a secure Web site accessible from the public Internet for Customers to access information pertaining to its NG9-1-1 Services. “CEE” means Customer Edge Equipment and refers to the peering equipment provided by the customer, facing the Bell Customer Edge router; “CRTC” or “Canadian Radio-Television and Telecommunications Commission” has the meaning ascribed to it in the preamble to this Agreement; “Effective Date” has the meaning ascribed to it in Section 4(a); “End User Data” has the meaning ascribed to it in Section 6(d); “Event of Force Majeure” has the meaning ascribed to it in Section 7(a); “ESInet” has the meaning ascribed to it in Section 2(c)(i); “GIS Authority” means a body that has control over and the power to make decisions about the source addressing and GIS data which is responsible for providing aggregated GIS/addressing data on behalf of the 9-1-1 Authority to the NG9-1-1 Service Provider for the purpose of NG9-1-1 Service; “GIS Data Provider” means an entity that assigns addresses, creates, collects, maintains and shares spatial datasets. It may include addressing authorities (e.g. local, provincial and territorial governments, First Nations), 9-1-1 Authorities, and data aggregators; “GIS” and “Geographic Information System” Means a system for capturing, storing, displaying, analyzing and managing data and associated attributes which are spatially referenced; Page 9 of 19
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“i3-PSAP” means a Public Safety Answering Point (PSAP) conformant to the NENA i3 standard (NENA-STA-010), which is capable of receiving IP-based signaling and media for delivery of emergency calls; “Initial Term” has the meaning ascribed to it in Section 4(a); “ILEC” and “Incumbent Local Exchange Carrier” means the existing telephone companies, prior to the introduction of local competition; “Late Payment Charges” has the meaning ascribed in Section 3; “Local Registration Authority” have the meaning ascribed to them in CRTC Decision 2019-353; “MSAG” or “Master Street Address Guide” means the database that contains street names and house number ranges within their associated communities defining Emergency Service Zones (ESZs) and their associated Emergency Service Numbers (ESNs) to enable proper selective routing and selective transfer of 9-1-1 calls in the legacy E9-1-1 environment; “NENA i3” has the meaning ascribed to it in the preamble of the Agreement; “NG9-1-1“ means a secure, IP-based, open-standards based system comprised of hardware, software, data, and operational policies and procedures that (a) provides standardized interfaces from emergency call and message services to support emergency communications, (2) processes all types of emergency calls, including voice, text, data, and multimedia information, (3) acquires and integrates additional emergency call data useful to call routing and handling, (4) delivers the emergency calls, messages and data to the appropriate PSAP and other appropriate emergency entities based on the location of the caller, (5) supports data, video, and other communications needs for coordinated incident response and management and (6) interoperates with services and networks used by first responders to facilitate emergency response; “NG9-1-1 Network Provider” means the CRTC mandated ILEC providing the ESInet/NGCS; “NG9-1-1 Service” has the meaning ascribed to it in Section 2(c)(i); “NGCS” and “Next Generation 9-1-1 Core Services” means the base set of services needed to process a 9-1-1 call on an ESInet. NGCS includes the Emergency Service Routing Proxy (ESRP), Emergency Call Routing Function (ECRF), Location Validation Function (LVF), Border Control Function (BCF), Bridge, Policy Store, Logging Services and typical IP services such as Domain Name System (DNS). The term NGCS includes the services and not the network on which they operate (i.e., the ESInet); “Offnet Agency” means an agency outside of the NG9-1-1 network, such as a poison control centre or an hospital, which may be designated by the 9-1-1 Authority to be able to receive PSTN calls transferred by a designated PSAP; “ONP“ and “Originating Network Provider” means a CRTC-approved trusted entity service provider that allows its subscribers to originate 9-1-1 dialled voice or non-voice calls from the public to PSAPs, including but not limited to wireline, wireless, and fixed/native voice over internet protocol (VoIP) services. “PRR” and “Policy Routing Rule” means the criteria which determines how 9-1-1 Calls are routed under stated conditions such as when a target PSAP is unable to take 9-1-1 Calls; “PSAP” or “Public Safety Answering Point” means an entity responsible for receiving 9-1-1 Calls and processing those 9-1-1 Calls according to a specific operational policy - a Primary Public Safety Point, Secondary Public Safety Point, and Back-Up Public Safety Point as identified by the 9-1-1 Authority in Schedule “C” (PSAP Designations & Locations); “PSAP Contingency Plans” means a plan in case of a disaster;
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“PSAP Credentialing Agency” and “PCA” have the meaning ascribed to them in CRTC Decision 2019-353; “PSAP Locations” means the locations of the PSAPs as identified in Schedule “C” (PSAP Designations & Locations); “P-PSAP” or “Primary Public Safety Answering Point” means a communication centre which is the first point of contact for 9-1-1 Calls as identified by the 9-1-1 Authority in Schedule “C” (PSAP Designations & Locations); “Renewal Term” has the meaning ascribed to it in Section 4(b); “S-PSAP” or “Secondary Public Safety Answering Point" means a communication centre to which 9-1-1 Calls are transferred from a P-PSAP, typically the fire, police or ambulance agency responsible for dispatching emergency personnel as identified by the 9-1-1 Authority in Schedule “C” (PSAP Designations & Locations); “Schedule” has the meaning ascribed to it in Section 2(a); “Serving Area” means the geographic area, as determined by the 9-1-1 Authority from which 9-1-1 Calls will be directed to a particular P-PSAP; “Subscriber” means an entity that contracted with a service provider for the provision of a voice telecommunications service; “Selective Routing” means the process by which 9-1-1 Calls are routed to the appropriate PSAP or other designated destination, based on the 9-1-1 Caller’s location information, and may also be impacted by other factors, such as time of day, call type, etc. Location may be provided in a specified format such as an MSAG-valid civic address or in the form of geo coordinates (longitude and latitude); “Taxes” has the meaning ascribed to it in Section 3; “Term” has the meaning ascribed to it in Section 4(b); and “User-to-Network Interface (UNI) Technical Specifications Document” means the authoritative document which sets the technical specifications an i3-PSAP must comply with.
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Schedule “B” NG9-1-1 FEATURES
The NG9-1-1 Service offers features as provided in CRTC 7400, Bell Canada National Services Tariff Item 601. If a PSAP chooses to forgo utilizing one or more of the NG9-1-1 Service features provided by the NG9-1-1 Service network provider as described in the UNI, the PSAP does so at its own risk and assume all liabilities including prolonged restoration times in the event of an outage.
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Schedule “C” PSAP DESIGNATIONS & LOCATIONS PSAP Type
Name
Location (full address)
Primary PSAP (*1 & *2)
ORILLIA OPP
1 HURTUBISE ORILLIA
Secondary PSAP Police (*1 & *2)
ORILLIA OPP
1 HURTUBISE ORILLIA
Y
Secondary PSAP Fire (*1 & *2)
KINGSTON FIRE
500 O’CONNOR DR KINGSTON
Y
Secondary PSAP Ambulance (*1 & *2)
KINGSTON AMBULANCE
1473 JOHN COUNTER BOULEVARD KINGSTON
Y
Additional Offnet Agency if required (*1 & *2& *3) i.e. Poison control
Connected to ESInet (Y/N) Y
N
Designated Provincial or Territorial default i3 PSAPs (*4)
Notes: *1 – 9-1-1 Authority shall ensure all PSAPs connected to ESInet meet the NG9-1-1 requirements. *2 – 9-1-1 Authority shall ensure that if a PSAP changes during the Term, the replacement is aware of the 9-1-1 Authority obligations re: PSAPs under this Agreement, and Bell is notified of the change. *3 – “Offnet” Agencies are not connected to the ESInet over an IP-UNI and call transfers to such agencies are the responsibility of the PSAP’s Call Handling System *4 – This PSAP is only required if there is a PSAP designated as a safety net for a specific Province or Territory.
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Schedule ‘D’ SPECIFICATIONS & GUIDELINES The specifications, templates and guidelines for the NG9-1-1 Service are found at https://911flex.bell.ca/Login.html, under the title “NG9-1-1 Onboarding Documentation”.
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Schedule “E” DEPLOYMENT CRITERIA PSAPs utilizing networks to process and deliver NG9-1-1 Calls outside of the ESInet do so at their own risk and assume all liabilities including prolonged restoration times in the event of an outage. In order to ensure reliability, resiliency and security of the NG9-1-1 Service, the 9-1-1 Authority shall ensure that all of the PSAPs meet the following mandatory requirements without which the PSAPs will not be permitted to interconnect with the production NG9-1-1 network:
- IP VPN ESInet Interconnection All i3-PSAP types, Primary and Secondary, are entitled to a single Back-Up location. All IP VPN ESInet demarcation locations (Primary, Secondary and Back-Up PSAPs) are provided with two (2) redundant data paths and must make use of both. PSAPs must make use of all available in-house diversity (cable entrance, power, etc.). ESInet physical demarcation locations must be geographically located within the Bell Canada NG9-1-1 Serving region. PSAPs are expressly forbidden to establish private VPN tunnels over the ESInet, through the provided IP VPN circuits.
- ESInet Interconnection of Non-designated PSAP facilities For those PSAP sites not listed in Schedule “C”, if the 9-1-1 Authority requires additional circuits, these arrangements may be provided by Bell for a fee;
- PSAP CEE Interconnection Requirement a. All PSAPs shall employ a NENA i3 compliant Border Control Function (“BCF”) as defined in the Bell NG9-1-1 UNI technical specification as a mandatory condition of interconnection with the NG9-1-1 network. The BCF must be comprised of a minimum of both a firewall and session border controller function. The BCF must be deployed in a manner which prevents single points of failure. b. PSAPs shall ensure their local network infrastructure (i.e., Local Area Network [LAN] and/or private Wide Area Network [WAN]) is sized appropriately to support the bandwidth of all NG9-1-1 traffic as calculated and provisioned by the NG9-1-1 Network Provider, in addition to their own in-house network requirements;
- i3 Call Handling CODEC requirement All PSAPs shall implement the mandatory list of CODECs as defined in Telecom Decision CRTC 2019-353 (https://crtc.gc.ca/eng/archive/2019/2019-353.htm) and make necessary changes as updates become approved by CRTC.
- IP Network protocol support All PSAPs shall deploy Dual Stack as the method for simultaneous use of IPv4 & IPv6 address spaces, or to individually perform Network Address Translation - Protocol Translation (“NAT-PT”) for their Network Domain as defined in the Bell NG9-1-1 UNI technical specification. This is a mandatory condition to interconnect to the NG91-1 Service Network;
- End-to-End Encryption All PSAPs shall support encryption of traffic from and towards the ESInet as defined in the Bell NG9-1-1 UNI technical specification;
- QoS Support All PSAPs shall implement the QoS requirements as defined in the Bell NG9-1-1 UNI technical specification;
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- PSAP Credentialing Agency – NG9-1-1 Network Provider service All PSAPs shall utilize the Bell PSAP Credentialing Agency service. PSAPs shall identify to Bell as part of the onboarding process the individual or group responsible for acting as the Local Registration Authority (“LRA”). The LRA agreement and the roles and responsibilities can be found in Schedule H. For clarity, the LRA agreement is attached for reference purposes. There is no expectation that the NG9-1-1 Authority will sign the LRA agreement itself but the NG9-1-1 Authority will ensure that the selected PSAPs will execute such agreement.
- Contingency Routing PSAPs shall communicate all 9-1-1 contingency arrangements to Bell including agreements and arrangements with other agencies in order to design and implement Policy Routing Rules accordingly. PSAP’s defined Policy Routing Rules must contain at a minimum one Policy Routing Rule specifying a partner third party PSAP to act as backup in the event the PSAP is not able to respond to 9-1-1 Calls.
- Domain Name Service (DNS) – NG9-1-1 Network Provider service PSAPs must utilize the Bell NGCS-based DNS service to ensure resiliency of DNS functions and seamless PCA functionality. The 9-1-1 Authority is requested to encourage PSAPs to utilize the following NGCS provided functions to further enhance network reliability, resiliency and security of the NG9-1-1 Service:
- Network Time Protocol (NTP) – NG9-1-1 Network Provider Service PSAPs are encouraged to utilize the Bell NGCS-based NTP service to ensure accurate time synchronization with all ESInet interconnected elements and as an additional time source within their Local Area Network (LAN).
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Schedule “F” MULTIPLE REGION PSAPs This Schedule must be filled out by PSAPs covering multiple regions and managed by a provincial or federal authority (e,g., Ontario Ministry of Health, Sureté du Québec, Ontario Provincial Police etc. Sites
Official Name
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9-1-1 authority (municipalities, counties, etc.)
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Schedule “G” NG9-1-1 GIS REQUIREMENTS
Municipality, County or Other Government Entity name
GIS Data Provider or *Provincial/ Territorial Designated Data Aggregator name
Provincial
Territorial
Legislation (Y/N)
In the absence of Provincial or Territorial legislation defining a Data Aggregator body, by default the NG9-1-1 Network Provider will be the defined GIS and addressing Data Aggregator (Telecom Decision CRTC 2020-150 | CRTC)
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Schedule “H” Local Registration Authority Agreement
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To: Council Prepared by: Corporate Services Department Date of Meeting: September 6, 2022 Subject: Commercial Card Policy
Summary The report provides a proposed Commercial Card Policy which will replace the Township’s current credit card policy.
Recommendation That Council adopt the Commercial Card policy as presented by the Director of Corporate Services/Treasurer; And that the previous Credit Card policy be rescinded and all eligible Business Cards (VISA cards) previously held by employees be cancelled; And that the Chief Administrative Officer and the Director of Corporate Services/Treasurer be designated the Lead Program Administrator for the program and authorized to complete the Master Client Agreement for Business Clients with the Royal Bank of Canada.
Background Township staff and the Township’s bank are recommending that the current credit card policy be rescinded and a Commercial Card policy be adopted and further that an agreement with the Royal Bank of Canada (RBC) be entered into. The commercial card program will help provide more flexibility to administer credit cards, while providing more control over the use of the cards. With the program being proposed there will be some savings in bank fees.
Discussion/Analysis The Township currently has a credit card policy in place which provides controls on who has the use of credit cards along with credit card limits and acceptable use policies. The intent of replacing the policy with a Commercial Card program is to allow more flexibility in the administration of the purchase cards. Commercial cards are similar to credit cards, however the administration in the background of the cards is completed by the Township rather than the Township banker. This allows for more flexibility and better control to oversee transactions. The current policy provides for primarily only the CAO and directors to have credit cards. The Commercial Card program www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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will expand the use to more township staff so that they are able to make purchases, if they are given approval, and this will expedite the receipt of goods and services. All purchases are still made under the under the Township Purchasing Policy. Some of the advantages of the use of the Commercial Card system are: •
• •
•
More timely issuance of purchase cards to new employees. Over the course of the past few months there have been changes in staff who hold credit cards and delays in cancelling, ordering new cards as well as having gaps in persons in those positions has caused delay in ability to make necessary purchases in a timely manner. The ability to expand those holding the cards, with appropriate restrictions, will reduce delays. More flexibility to adjust credit limits, depending on purchases needed. Reduced costs for credit purchases as the proposed system provides a cash back option which will provide funds to cover the cost of the cards. Currently, the Township experiences costs related to annual user fees and overlimit fees, but with no cash back program, there is no recovery of these costs. Improved reporting for users of the cards and management to review purchases, limits, available funds and fees. Reporting is available at anytime by logging into the commercial card site. The current visa system only provides monthly statements, which is not timely information when making purchases.
changes in processes of many companies over the past number of years and more specifically with the pandemic restrictions, charges that can be made using credit cards has become the preferred model. The Township itself has moved to this form of payment for recreation and planning departments, for example, providing a faster method for the Township clients to make payments. The RBC Commercial Card Program being recommended at this time id for a cash back card on purchases at 0.5%, no cap, to offset business expenses. The cost is $30 per card for the first year and $60 per year for the second year and thereafter. There is an option to use virtual cards, however at this time this option is not being recommended. It is being recommended that the lead Program Administrators will be the Chief Administrative Officer and the Director of Corporate Services/Treasurer. They will be able to increase or decrease authorization limits and approve which positions will be eligible for holding a Commercial card. The cumulative limit on all cards will be $75,000.
Financial Implications The proposed Commercial Card system will reduce banking fees related to credit card purchases.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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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.
Climate Considerations ☒ Not applicable to this report.
Attachments Appendix A - Commercial Card Policy 2022 South Frontenac
Approvals Prepared and Submitted By:
Shelley Stedall Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Commercial Card Policy
1.1
Purpose and Scope The purpose of this policy is to ensure that responsibilities are clearly defined, and appropriate authority is delegated within an outline of procedures for the use and control of the Township of South Frontenac Commercial Card Program (CCP) The CCP is established as a method of making small dollar value Township purchases and online purchases; in accordance with the purchasing policy of the Township of South Frontenac. Charges are processed when the card is submitted for payment and suppliers are paid within their established terms with the Royal Bank of Canada.
1.2
Background Department employees, who occupy positions with delegated purchasing authority by the CAO, are authorized to use the Commercial Card to purchase goods and services (amount on each card determined by thresholds established by CAO and Director of Corporate Services/Treasurer) in support of sound business practices, with a monthly limit to be determined for each card holder. The intended benefits of the Commercial Card are: reduce the costs of procurement and supplier payment; improved ease and expediency of government purchasing; improve the timeliness of supplier payments; improve control over department purchasing; more time to work on value added acquisitions and improve management reporting on department purchasing.
1.3
Authority Directors have the authority to empower employees within their departments or areas of responsibility with the approval of the CAO.
POLICY
2.1
Administration A. The Director of Corporate Services/Treasurer is responsible for the administration of the Commercial Card Program, with the Chief Administrative Officer as backup, within the Township of South Frontenac. B. Each Commercial Card will have a unique number, and will be issued in the name of the Township of South Frontenac and the name of the employee who has been authorized to use that Card. The card is not transferable to any other employee, even if that other employee is also authorized to use a Commercial
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Card on behalf of the Township of South Frontenac. Improper card use will result in the cancellation of the employee’s card. C. The Commercial Card will be issued to employees who occupy positions with delegated purchasing authority, on the approval of the CAO. 2.2
Limited Restrictions a) The limit for individual card purchases is restricted by the dollar amount established by the CAO. b) The monthly credit card limit, which is the maximum monthly amount chargeable to each Commercial Card, is restricted to the maximum dollar limit established by the CAO. Under no circumstances will a transaction be “split” into two or more transactions to bypass the single transaction dollar limit. c) The Director of Corporate Services/Treasurer and CAO, will manage any changes of transaction or spending limits.
2.3
Prohibitions Commercial Cards will not be used in the following circumstances: a) When the cost of the goods or services would be significantly increased as a result of using the Card and an alternative method of payment is available (i.e. a discount is provided by the supplier as a result of not using the Card); b) When the supplier does not take a credit card as a means of payment; c) For personal use vehicle operating and maintenance expenses including vehicle repairs, fuel, oil etc; d) For personal purchases; e) To obtain cash advances.
2.4
Revoking of Card Privilege Cardholders who do not adhere to the limits and prohibitions set out above will have their card privileges revoked. The Director of Corporate Services/Treasurer will consult with the CAO who will advise the employee of this discipline.
2.5
Refunds No cardholder may accept cash or a cheque from a supplier who is making a refund pertaining to a transaction previously charged to a Commercial Card account. The supplier in all cases must issue a credit voucher against the Commercial Card account.
2.6
Liability a) Every cardholder shall be informed in writing of his or her responsibilities and restrictions regarding the use of the Commercial Card by reading and understanding this policy and shall acknowledge understanding by signing Appendix A.
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b) Cardholders will be held liable for any misuse or willful disregard of policies or operating procedures that result in a loss of money, fraud or collusion. c) The liability for authorized charges on the Commercial Cards rests with the Township of South Frontenac, not the individual cardholder. d) The maximum Township liability for unauthorized use of the Card following loss or theft of the Card shall be $50.00. 2.7
Unauthorized Use Unauthorized use means a use that did not benefit the Township and was made by someone other than the cardholder. The Township is not liable for any unauthorized use of the Card which occurs after notification of loss, theft or cancellation has been received by the Royal Bank of Canada Canada, however, if the loss or theft of the Card is not reported immediately, the Township may be liable for all unauthorized purchases charged to the account.
2.8
Statement Cycle a) The statement cycle period ends on the 27th of each month (or on the next business day if the 27th is on a weekend). The spending limit balances on each card are reset to zero at this time. Expectations: • Cardholders will be advised that their card activity statement is available for viewing and reconciliation on the desktop through Access Direct on the 28th of each month giving them the option to reconcile daily • Cardholders have five (5) working days after receipt of the statement to allocate costs to accounts; if they are absent, a delegated person should reconcile the cardholder’s statement. • Cardholders will print the reconciliation after account costing • Cardholders will have their immediate supervisor sign off on the statement and forward the original copy to Finance Department (Accounts Payable) accompanied by ORIGINAL receipts – with detail - for each transaction • Lost receipts MUST be requested from the supplier by the cardholder. • The approved print out or statement must be received by Accounts Payable no later than the 5th of each month
2.9
Payments To avoid the payment of interest, payments to the Royal Bank of Canada Canada shall be made within 14 days following the monthly statement date (also refer to 4.10.5 and 4.12). The Township will arrange with Royal Bank of Canada and through the Royal Bank of Canada to have automatic payment made for the Corporate account to avoid late payment charge.
2.10
International Purchases Purchases made outside Canada will be converted to Canadian funds at a rate established by Visa International Inc.
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RESPONSIBILITIES
3.1
The Cardholder is responsible for: a) Adhering to all conditions and restriction imposed on the Commercial Card by the Township of South Frontenac and Royal Bank of Canada Canada; b) submitting the Employee Acknowledgment of Responsibilities and Obligations form to the Director of Corporate Services / Treasurer acknowledging, signing and submitting that they have read, understood and accept the conditions (Appendix A); c) Ensuring that the Commercial Card, copies of monthly statements and other documents bearing the Card number are kept in a secure location with controlled access; d) Immediately follow appropriate procedures as outlined in item 4.4 with regard to lost or stolen Commercial Cards; e) Returning the Card to the Director of Corporate Services / Treasurer for cancellation as appropriate; f) Providing a signed, reconciled card activity statement to Treasury Department (Accounts Payable) on a monthly basis for all purchases made with the card g) Verifying the amount of HST paid to allow for accurate rebates; h) Resolving disputed charges; i) Keeping supporting documentation (i.e. sales slips, cash register and credit card receipts, supplier notices etc.) related to all purchases made with the Card for reconciliation, account verification and audit purposes; and
3.2
The Directors and Chief Administrative Officer (CAO) The CAO or Directors (or his/her designate) are responsible for: a) Assessing the need for Commercial Cards in cooperation with the Director of Corporate Services / Treasurer based on operational requirements; b) Identifying the employee(s) who will be authorized to make purchases through the use of a Commercial Card; c) Establishing the monthly credit limit for each cardholder in cooperation with the Director of Corporate Services / Treasurer. d) Specifying the types of items to be purchased with the Card, or identify any merchant blocking necessary;
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e) informing the Director of Corporate Services / Treasurer of the need for issuance of new cards, cancellation of existing cards, increases or decreases to credit limits, change in department or area of responsibility of the Cardholder; f) Monitoring and controlling the utilization of Commercial Cards within their department or area of responsibility; g) Reviewing on a regular basis, the Card activity statement for all purchases charged to their budgets; h) Ensure immediate supervisors are approving statement reconciliations for their employees. 3.3
Director of Corporate Services / Treasurer The Director of Corporate Services / Treasurer or his/her designate is responsible for: a) Collecting the reconciled activity statements from the cardholders; b) Developing corporate policies and procedures with regard to the use of Commercial Cards c) Ensuring that all purchasing activity is done in accordance with approved Purchasing policies and procedures, and implementing corrective activities when warranted; d) Ensuring that each cardholder is informed of his or her responsibilities regarding the use of the Commercial Card; e) Ensuring that the use of Commercial Cards conforms to departmental and corporate policy and procedures; f) Authorizing the issuance or withdrawal of Commercial Cards with the Royal Bank of Canada in conjunction with CAO; g) Processing increases or decreases to credit limits in cooperation with Directors as approved by CAO; h) Processing bank forms with respect to changes of address and changes of department or area of responsibility, in cooperation with Directors; i) Providing coordination with respect to monitoring the overall utilization of Commercial Cards within the Township of South Frontenac; j) Compiling and reporting Commercial Card data to the CAO as required; k) Ongoing staff training
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PROCEDURES
4.1
Requests for Commercial Cards 4.1.1 The Employee Information portion of the application form must be completed and signed by the employee and approved by the CAO for each Card requested. 4.1.2 The CAO, in coordination with the Director of Corporate Services/Treasurer will complete the “monthly credit limit and single transaction limit” of the Employee Information section. 4.1.3 The CAO must send the approved application form to the Director of Corporate Services/Treasurer for transmittal to the Royal Bank of Canada. 4.1.4 Personal credit information may be required from the employee in order to appropriately identify the individual if contacting the bank for lost or stolen cards. The personal information is for identification purposes only and will remain confidential. 4.1.5 Commercial Cards are expected to be issued within ten (10) working days from the date that the application form is received by the Royal Bank of Canada. The Cards will be sent directly to the Director of Corporate Services/Treasurer at the address indicated on the Bank Application Form.
4.2
Issuance of Commercial Cards 4.2.1 Upon receipt of the Cards from the Royal Bank of Canada, the cardholder must ensure that all information on the card is correct. Any inaccuracies are to be reported immediately to the Royal Bank of Canada Commercial Card Centre by the Director of Corporate Services/Treasurer. 4.2.2 The Director of Corporate Services/Treasurer will inform the cardholder of the responsibilities and restriction regarding the use of the Commercial Card and obtain a written Acknowledgment of Responsibilities and Obligations form from each cardholder before issuing the card (refer to Appendix A) 4.2.3 The Director of Corporate Services / Treasurer will retain the Acknowledgment of Responsibilities and Obligations form for safekeeping. 4.2.4 The cardholder must sign the Commercial Card and store it in a secure place when not in use. 4.2.5 The cardholder must activate the Commercial Card by calling the Royal Bank of Canada as per the telephone number on the Commercial Card.
4.3
Cancellation of Commercial Cards The cardholder must return the Card cut in half to the Director of Corporate Services / Treasurer for cancellation when: a) Specifically requested to return the Card by the Director of Corporate Services / Treasurer or Chief Administrative Officer;
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b) Upon termination of employment with the Township of South Frontenac; or c) Upon an employee taking a leave through a secondment. The Director of Corporate Services / Treasurer will complete the necessary change form and monitor the appropriate cancellation of the Commercial Cards. 4.4
Lost or Stolen Commercial Cards 4.4.1 The cardholder must immediately notify the Royal Bank of Canada of any loss or theft of the commercial card. Lost or stolen Cards can be reported 24 hours a day, seven days a week. The cardholder must also advise the Director who shall confirm the loss or theft in writing to the Director of Corporate Services / Treasurer. The Director of Corporate Services/Treasurer will complete the necessary paperwork. If the card is stolen, the police must be notified and a police report requested by the Director. 4.4.2 If the lost or stolen Card should eventually be recovered or found, it must be cut in half and returned to the Director of Corporate Services / Treasurer directly or through the Director.
4.5
Change of Department or Area of Responsibility 4.5.1 If the cardholder will no longer require use of the card as a result of a change in department or area of responsibility, the Card will be cancelled. The Director of Corporate Services/Treasurer will complete and submit the necessary paperwork to the Royal Bank of Canada – or complete online through the administrator account. 4.5.2 The change is expected to be made within three (3) working days from the date that the request by manual form or online is received by the Royal Bank of Canada Commercial Card Centre. 4.5.3 The card shall be returned to the Director of Corporate Services / Treasurer cut in half.
4.6
Modification of Credit Limit 4.6.1 The CAO will coordinate with the Director of Corporate Services / Treasurer, for any change in credit limit as approved by the CAO. The Director of Corporate Services/Treasurer will complete and submit the necessary paperwork to Royal Bank of Canada. 4.6.2 Credit limit changes will be made within three (3) working days from the date that the bank receives the form.
4.7
Disputed Charges 4.7.1 Items charged on monthly statements of accounts that do not accurately reflect the transactions made by the cardholder (i.e. bank errors such as wrong amount,
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incorrect account number, multiple postings of the same item, etc.) are considered to be disputed items. 4.7.2 The cardholder must notify Royal Bank of Canada and advise the Director of Corporate Services/Treasurer of the items disputed. Disputed items reported by cardholders will be credited on the individual statement the following month (provided they are legitimate). The amount indicated on the statement is the amount that should be paid to the Royal Bank of Canada Commercial Card Centre. 4.7.3 The cardholder shall provide information and assistance to the Royal Bank of Canada to settle the disputed item(s) as required. 4.7.4 It the questionable item is not a bank error but a supplier error (i.e. late delivery, defective goods, wrong price, quantity difference, returned goods, etc.) the matter must be settled directly with the supplier by the cardholder. Such matters must be drawn to the supplier’s attention immediately so as to minimize the delay in obtaining a credit to the Commercial Card account. When the amount in dispute is of an insignificant dollar value, notices to suppliers should be confirmed in writing even though settlement may be accomplished through telephone calls. Copies of the notices to suppliers should be attached to the monthly reconciliation activity statement. Items under dispute with suppliers must not be deducted from the monthly statement of account. 4.7.5 Disputed charges must be identified and the Royal Bank of Canada notified within 30 days of the statement date. 4.8
Purchase of Goods and Services 4.8.1 Record of purchases made with Commercial Cards must be submitted to the Director of Corporate Services/Treasurer’s designate (Accounts Payable Clerk) by cardholders together with sales slips, credit vouchers, notices to suppliers with the printed card activity statement. All purchases must be within approved budgets. 4.8.2 The appropriate taxes are to be paid where applicable. 4.8.3 For over-the-counter transactions or for services rendered, the cardholder will certify that the goods have been received; when goods are shipped, the cardholder must ensure that the goods received match the order or sales slip. 4.8.4 For telephone orders, the cardholder should have the supplier fax or email a copy of the receipt or instruct the supplier to supply a copy of the receipt with the shipment. 4.8.6 For Internet orders, the cardholder may either print the order from the computer or attach the receipt provided by the supplier once the order arrives.
4.9
RBC NextLogic Software 4.9.1 The RBC NextLogic web page is designed for individual cardholder use. It is provided as a delivery vehicle for the monthly statement to allow cardholders the ability to download the monthly statements.
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4.9.2 Cardholders will use the webpage to: • Receive an electronic daily or monthly statement and print it • Review transactions on their monthly statement • Electronically deliver revised monthly statements to Purchasing 4.9.3 Each cardholder will be provided with the internet address to verify and reconcile their statements daily or monthly where applicable. 4.9.4 For cardholders that do not have access to use of a desktop computer, their director will make arrangements for an alternate who will be assigned, that has access to a desktop computer for reconciliation of the card activity statement. 4.10
Payment of Monthly Statements 4.10.1 The statement of account will be issued on a specified day of the month and will be sent directly to the Accounts Payable who will distribute with other regular invoices to appropriate department for coding and approval for payment. The statement will be downloaded from the Royal Bank of Canada site by the Accounts Payable Clerk. 4.10.2 The following documentation must be sent to Finance Department (Accounts Payable) for payment purposes:
- A digital monthly card activity statement as reconciled approved by the cardholder.
- A digital copy of the detailed purchases listed on the statement must match the charges shown on the monthly statement with adjusting entries shown, as need be, for disputed items (bank errors) as well as the Appropriate Signing authorizations on the statement. 4.10.3 Monthly reconciliation must include sales slips; credit vouchers etc., and be sent to Accounts Payable who will review and enter the data into the financial accounting system. Any items that are questionable will be forwarded to the Finance Supervisor or the Deputy Treasurer to ask for further authentication of the amount and authorized signature. 4.10.4 No cardholder shall have the authority to approve their own statement of account – all statements must be reviewed by the cardholders Director or the CAO and signed as reviewed. The summary for review shall be prepared by the Accounts Payable Clerk. 4.10.5 In order to avoid the payment of interest, the approved monthly statement with backup documentation must be sent to Finance Department (Accounts Payable) for payment on or before the 5th day of each month.
Refunds from Suppliers When merchandise is returned or other adjustments to accounts are necessary, credit vouchers will be issued by suppliers. No cardholder may accept cash or a cheque from a supplier who is making a refund pertaining to a transaction previously charged
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to a Commercial Card account. This supplier in all cases must issue a credit voucher. Such credits must be issued against the same Commercial Card that the original transaction was charged to. 6.
Payment and Calculation of Interest In accordance with the terms of the agreement between the Royal Bank of Canada and the Township of South Frontenac, the payment of interest to the Royal Bank of Canada is based on a 14-day payment period. Where the Township is responsible for the delay, interest will be automatically calculated and paid on overdue accounts.
Card Renewal Each Commercial Card is issued for a period of three (3) years starting with the month in which the Card is issued. Cards will be automatically renewed unless the Township advises the Royal Bank of Canada otherwise.
Reoccurring Charges The Commercial Card will not be used to pay for regular reoccurring charges unless authorized by the CAO. Annual or Monthly charges that are from the same vendor should be approved prior to the time of payment required, not on automatic payments programs. An exception to this policy may be waived if the automatic payment is authorized by the CAO if the automatic payment is seen as an expenditure that, if not paid on time, will cause a business continuity interruption. (An example is the Microsoft Office Monthly Charge for MS Outlook - the Townships mail client).
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APPENDIX “A” ACKNOWLEDGMENT OF RESPONSIBILITES AND OBLIGATIONS and AGREEMENT TO ACCEPT THE ROYAL BANK COMMERCIAL CREDIT CARD The Royal Bank of Canada Commercial Card represents the Township of South Frontenac trust in you. You are empowered as a responsible agent to safeguard Township assets. Your signature below is verification that you have read this Commercial Card Policy and further, that you agree to comply with it, as well as the following responsibilities: 1.
I understand that the card is for Township approved purchases only, and I agree not to charge personal purchases.
Improper use of this card can be considered misappropriation of Township funds. disciplinary action, up to and including termination of employment.
If the card is lost or stolen, I will immediately notify Royal Bank of Canada by telephone and the Director of Corporate Services/Treasurer and CAO. I will confirm the telephone call by mail or facsimile with a copy of the notification to the Director of Corporate Services/Treasurer.
I agree to surrender the card immediately upon termination of employment, whether for retirement, voluntary or involuntary reasons.
The card is issued in my name. I will not allow any other person to use the card. I am considered responsible for any and all charges against the card.
All charges will be billed directly to and paid directly by the Township. The bank cannot accept any monies from me directly; therefore any personal charges billed to the Township could be considered misappropriation of Township funds.
As the card is Township property, I understand that I will be required to comply with internal control policies designed to protect Municipal assets. This may include being asked to produce the card to validate its existence and account number. I will be asked to produce receipts and statements to audit its use.
I will receive a monthly Reconciliation Statement on line, which will report all activity during the statement period. Since I am responsible for all charges (but not for payment) on the card, I will resolve any discrepancies by either contacting the supplier or the bank.
I understand that the Commercial Card is not necessarily provided to all employees. Assignment is based on my need to purchase materials for Township business. My card may be revoked based on change of assignment or location. I understand that the card is not an entitlement nor reflective of title or position.
Commercial Card Number Issued Employee Signature
Dated:
Employee Printed Name Employee Position Chief Administrative Officer Approving Signature Chief Administrative Officer Printed Name Total Credit Limit on This Card Limitations On Card Date Card Returned Signature of Person Returning Card (Please Print Name) Signature of Person Receiving Returned Card (Please Print Name)
Dated:
$
This may result in
Page 60 of 239
To: Council Prepared by: Corporate Services Department Date of Meeting: September 6, 2022 Subject: 2022 Community Grants – Intake 2
Summary The report provides a summary of Community Grants submissions received and the staff recommended allocation for Council approval.
Recommendation That Council approve the two (2) Community Grant applications included in this Staff Report totalling $9,000; AND FURTHER that any unspent balance in 2022 Community Grants be allocated towards the 2023 Community Grant program.
Background The Township Community Project Grant program is an annual funding program for Community projects with specific guidelines for applicants, as attached in Schedule A. In June 2022, following the first round of applications, the Township was able to provide funding for nine (9) applicants totalling $23,238.04. This left a balance in the Community grant fund of $36,635.29. Council approved that staff advertise a second intake for Community Grants with a deadline of August 12, 2022. Website and newspaper ads were placed soliciting applications.
Discussion/Analysis Four (4) applications for the Community Grants were received by the deadline of August 12, 2022. The CAO, Treasurer and Financial Analyst reviewed and evaluated the applications against the Community Project Grant Policy. Three (3) of the four (4) applications, meet the requirements of the grant program and are recommended for funding under various streams, as noted in the table below. One (1) application is pending, based on a need for further review. The Township also received notice that due to limited volunteer availability the South Frontenac Museum Society will not be utilizing their grant for 2022 and have returned the funds to the Township.
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Page 61 of 239 Township of South Frontenac Staff Report - 2022 Community Grants – Intake 2
Summary of 2022 Community Grant Applications
Intake 2 Summary of Recommend for Approval and Pending Applicant
Frontenac County Plowmans Association Perth Road School
Grant Stream
Purpose
Sponsorship 2022 Frontenac County Plowing Match activities Capital (50% Furnace of total to Replacement max of $5,000)
Loughborough Public School
Bellrock Community Hall *
Operating (Expanded Programs)
Teaching Kitchen Redesign and Kitchen operational costs Capital (50% Car Park and of total to Ramp max of Improvement
Total Project Cost $1,500.00
Eligible Amount
Staff
$1,500.00
$1,500.00
$14,684.35 (Requested $10,000)
$5,000.00
$5,000.00
$5,000.00
$2,500.00
$2,500.00
$2,500.00
Pending
Pending
$23,68.35
$9,000.00
$9,000.00
Recommended
$5,000)
Total – Intake 2
Intake 1 Summary – Approved by Council in June 2022
Applicant
Lions International Club of Verona Inverary Youth Activities Inc. Lakes and Trails Festival Loughborough Firefighters Association
Grant Stream
Purpose
Operating Pickleball Courts & (New Equipment Program) Capital (50% Ken Garrett Memorial Park – of total to max of LED Lighting for $5,000) Ball Diamonds Operating Deployment of 15 (Expanded signs at the Lakes Program) and Trails Festival Sponsorship
Sydenham Santa Claus Parade
Total Project Request
Eligible Amount
$2,500.00
$2,500.00
$2,500.00
$34,177.00
$5,000.00
$5,000.00
$2,067.90
$2,067.90
$2,067.90
$2,000.00
$2,000.00
$2,000.00
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Staff Recommended
Page 62 of 239 Township of South Frontenac Staff Report - 2022 Community Grants – Intake 2
Culture Days – Sponsorship connecting with our Past C15 (15-person Operating Sydenham Lake canoe) paddles for (Expanded Canoe Club Canoekids Program) program Harrowsmith and Operating New line dancing District Social (Expanded and CPR courses and Athletic Club Programs) Acquire 8 new Operating stocks for an South Frontenac (Expanded introduction to Stocksport Club Program) youth Stock program. Operating Additional Battersea (Expanded programming and Pumpkin Festival Program) supplies. South Frontenac Museum Society
Total – Intake 1
Funding Returned by Society
$1,670.14
$1,670.14
$1,670.14
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$49,915.04
$20,738.04
$20,738.04
Remaining Funds
$30,388.29
- The recommendation for the Bellrock Community Centre is pending receipt of quotes for the project.
Financial Implications The recommendations of this report are for three (3) projects totalling $9,000 to be approved by Council. This would bring the total of 11 projects to be funded in 2022 with Community Grants totalling $29,738.04. The 2022 budget included an amount of $35,000 in new funding. There was also carryover from 2021 from unallocated funding and returned funds, leaving the total of unspent funds from 2021 being $25,126.33. Pending final resolution on remaining applicant, the Township will have up to $30,388.29 unallocated in Community Grant funds. Staff are recommending that the unspent funds be transferred to a reserve to be utilized for the 2023 Community Grant Program.
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.
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Page 63 of 239 Township of South Frontenac Staff Report - 2022 Community Grants – Intake 2
Climate Considerations ☒ Not applicable to this report.
Attachments Policy - Community Grants - 2022
Approvals Prepared by:
Kyle Griese, Financial Analyst Submitted By:
Shelley Stedall Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 64 of 239 Township of South Frontenac 4432 George St, Box 100 Sydenham ON, K0H 2T0 613-376-3027 Ext 4354 communications@southfrontenac.net
Community Grants Policy
- Purpose: This policy is to establish a grant process that supports and encourages community organizations and events that enrich the quality of life within the Township. 2 . Policy: The Township on a yearly basis will solicit applications from community organizations for projects or events supporting community initiatives. The total amount available within a calendar year will be based on what has been set within the year’s operating budget. Individual allocations to organizations will be based on a pre-determined structure. Being approved in one year does not guarantee funding in the following year. Definitions & Guidelines: Community organizations: Not for profit including unincorporated groups or registered charitable organizations who: o operate a business, provide a service or event within the geographic boundaries of the Township of South Frontenac o have the ability to show the stability or sustainability of the organization/group o in the previous calendar year, received less than 75% of its operating budget from government grants. o Submitted financial statements from the previous calendar year with your Letter of Intent along with a list of current officers. Criteria for All Grant Recipients:
- Submissions must have a well-defined purpose and take place / be completed within the calendar year of receiving the grant.
- Submissions must meet the requirements of the application process.
- The Grant request may be for: • a new, improved or expanded community service (including necessary supplies), • a community event. • an acquisition, improvement or expansion of a facility or its related equipment • the acquisition and installation of community assets
- Final reports from any previous year’s funding must have been received in order to be considered for the current year.
- Unspent funds must be returned to the Township following completion of the project. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive Rural Leader.
Page 65 of 239 Township of South Frontenac 4432 George St, Box 100 Sydenham ON, K0H 2T0 613-376-3027 Ext 4354 communications@southfrontenac.net
- Applicants cannot be in receipt of other program specific Township funding Grant Streams:
- Operating • Grant up to $2,500 • Grants will not be given: o to cover deficit or retire debt o to respond to annual fund raising drives to sustain support o to support recurring operating expenses of established organizations or programs
- Sponsorship • Grant up to $2,500 • Sponsorship funds provided must be for a specific purpose of the event (i.e. music, food, sleigh rides, etc.) • Township sponsorship must be clearly acknowledged and promoted at the event and in all materials • The event must be open to the community and must be free to attend, or as an alternative the proceeds are provided to a local charity
- Capital • Grant up to $5,000 • The applying organization must match the grant dollar for dollar • Can be used for the acquisition, improvement or expansion of equipment or facility owned by the applicant • Written quotes for the work must be submitted with the application • 50% of the approved grant will be released upon approval and the remaining 50% of the grant will be paid out upon submission of paid receipts.
- Community Asset • Grant up to $2,500 • Applicant must be providing further funding or in kind services associated with the project • Examples include benches, signs, planter boxes • These assets ultimately become property of the Township Preference will be given to new projects/new groups however previously approved projects/groups may also reapply and be approved for further funding if there is evidence that the program or event is developing successfully.
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Page 66 of 239 Township of South Frontenac 4432 George St, Box 100 Sydenham ON, K0H 2T0 613-376-3027 Ext 4354 communications@southfrontenac.net
Schedule 1: Application Process How to Apply:
- the Township will advertise on their website and in the local paper to announce the application process. Applications will be received until Saturday, April 30, 2022.
- Download and complete the Letter of Intent form from our website.
- Deliver or email your Letter of Intent, along with necessary financial statements, in person or by mail to: Township of South Frontenac P.O. Box 100 4432 George Street Sydenham, ON K0H 2T0 Re: Community Grants
- All Letter of Intents will be reviewed by staff and presented for Council approval. Grant decisions are anticipated to be announced by mid-August. Evaluation: Once all applications have been received, staff will review them and rate them on their impact to the community and the ability to support or improve the quality of life for residents. A pre-determined scoring system will be used by the Township prior to beginning the review process. Should multiple applicants meet the application requirements and goals of the funding, a fixed amount will be granted to each organization with any remaining funding allocated based on the percentage applied for and the total funding available. Submissions beyond the scope of this grant process may be presented for separate consideration to council in advance of the next operating budget review. If you are selected for a grant, you will be asked to sign a grant agreement. Upon completion of your project or event, you are required to complete a Final report. The final report is intended to help you evaluate the initiative and help us evaluate the effectiveness of our grants in supporting and improving the quality of life in our community. Contact: For further assistance, please contact communications@southfrontenac.net www.southfrontenac.net Natural, Vibrant and Growing – a Progressive Rural Leader.
Page 67 of 239
To: Council Prepared by: Office of the Chief Administrative Officer Date of Meeting: September 6, 2022 Subject: Communal Services Governance - Business Case Study
Summary This report provides information on the public meeting on the Communal Services Business Case and seeks approval for next steps
Recommendation That Council receive the County of Frontenac’s Communal Services Governance Business Case Study Public Meeting Report for information And that Council provide support for the Communal Governance - Business Case Study which includes the following amendments:
- That the only municipal contribution will be the start up funding identified in the report and flowing through agreement in next steps
- That no funding will be raised through taxation And that Council direct staff to continue working with the County on next steps, being the drafting of agreements and documents for approval by both County and lower tier Councils.
Background At its regular meeting on May 4, 2021, Council received a delegation from WSP on behalf of the County’s Communal Services Committee regarding progress to date on the Communal Services initiative and the recommendation of a Municipal Services Corporation (MSC) as the desirable governance model to deliver Communal Services. On June 15, 2021, Council received a report from staff in response to a number of questions that were posed during the WSP presentation (Attachment #1). Council also passed the following motion, endorsing the MSC model in order to progress to the step of developing and publishing a business case as is required by the Municipal Act (and Ontario Regulation 599/6) before an MSC can be established Resolution No. 2021-22-18
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 68 of 239 Township of South Frontenac Staff Report - Communal Services Governance - Business Case Study
Moved by Councillor Ruttan Seconded by Councillor Revill That Council endorse the recommendations of the Communal Service Governance/Operations Committee to create a Municipal Service Corporation (MSC) to manage communal service development across the Frontenac’s, with initial municipal ownership based on a weighted assessment model; and, That Council agree to participate in the next step in the Communal Services initiative being the development of a business case based on the recommendations of the WSP report. Carried On September 22, 2021, Council received a letter from the County of Frontenac, requesting comment on an initial draft of the Business Case prior to it being published for public review. On November 2, 2021, Council received a report from staff in response to Council and staff questions and also recommended that Council provide feedback on the business case as itemized in the report so that the County’s Communal Services Committee can consider edits to the business case prior to it being published. Council passed the following motion supporting that feedback to the business case be provided and requesting a subsequent meeting to receive responses to further questions posed during the meeting. Resolution No. 2021-31-11 Moved by Councillor Sutherland Seconded by Councillor Roberts That Council submit feedback, as recommended by staff in this report, to the County’s Communal Services Committee for consideration prior to the publishing of the Draft Frontenac Municipal Services Corporation Business Case Study for public review and comment; (Amendment) And that Council request a subsequent meeting and responses to some of the questions posed in the feedback and by staff prior to the business case being published. Carried On May 17, 2022 Council received a report from staff seeking support for the publishing of the Draft Municipal Services Corporation Business Case Study by the County of Frontenac. The report also provided some answers on questions that were raised since the November 2, 2021 meeting. Resolution No. 2022-22-08 www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 69 of 239 Township of South Frontenac Staff Report - Communal Services Governance - Business Case Study
Moved by Councillor Sutherland Seconded by Councillor McDougall That Council support the publishing of the Draft Frontenac Municipal Services Corporation Business Case Study for public review and comment by the County of Frontenac. Carried
Discussion/Analysis A public meeting was held by the County of Frontenac on July 20th, 2022 for the Draft Municipal Services Corporation Business Case Study. Included, under attachment 1, is a Public meeting report from the County of Frontenac providing feedback received at the meeting. Questions or concerns were raised in relation to site specific developments, how private systems or assets would affect shares or be incorporated in a Municipal Service Corporation. County Council at it’s July 20th, 2022 meeting endorsed the Communal Services Governance – Business Case study and is seeking lower tier approval in order to move to next steps. The resolution included an amendment to the Business Case Study to include:
- That the only municipal contribution will be the start up funding identified in the report
- That no funding will be raised through taxation The following Implementation and Next steps were identified base don WSP’s Final repot in April 2021:
- Townships Vote In/Out & Formally Confirm MSC Selection
- Undertake a Business Case Study
- Hold Public (and Developer/Industry, if desired) consultations
- Council Adoption of Business Case
- Draft, Approve, and Pass Agreement & Documents
- Develop & Adopt Asset Transfer Policy
- Appoint MSC Boards, Officers/Directors, and Transfer Assets We are currently on step 4, seeking Council approval for the adoption of the business case. If approved, the next step in the process is for a committee to be formed that would include www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 70 of 239 Township of South Frontenac Staff Report - Communal Services Governance - Business Case Study
both County and other Frontenac Municipalities who supported the business case to work on drafting agreements and documents in relation to the creation of the Municipal Service Corporation for the governance of Communal Services. Council will be provided an opportunity to review and provide final approval on these agreements which will provide information such as required municipal financial commitment, shareholders, community benefits and asset transfer policy.
Financial Implications None
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 2. Promote and support growth than meets the community’s needs while maintaining the integrity of our natural environment.
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Attachments
- County – Public Comment Report
- County Agenda Report – July 20th, 2022report
- Staff Report – Communal Services Business Case May 17th,2022
Approvals Approved By:
Louise Fragnito Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Page 82 of 239
To: Committee of the Whole Prepared by: Corporate Services Department Date of Meeting: May 17, 2022 Subject: Communal Services Governance – Business Case Study
Summary This report recommends that Council provide support for the County’s Frontenac Municipal Services Corporation (MSC) Business Case Study Final Draft release for public comment as required under the Municipal Act.
Recommendation That Council support the publishing of the Draft Frontenac Municipal Services Corporation Business Case Study by the County of Frontenac for public review and comment.
Background At its regular meeting on May 4, 2021, Council received a delegation from WSP on behalf of the County’s Communal Services Committee regarding progress to date on the Communal Services initiative and the recommendation of a Municipal Services Corporation (MSC) as the desirable governance model to deliver Communal Services. On June 15, 2021, Council received a report from staff in response to a number of questions that were posed during the WSP presentation (Attachment #1). Council also passed the following motion, endorsing the MSC model in order to progress to the step of developing and publishing a business case as is required by the Municipal Act (and Ontario Regulation 599/6) before an MSC can be established Resolution No. 2021-22-18 Moved by Councillor Ruttan Seconded by Councillor Revill That Council endorse the recommendations of the Communal Service Governance/Operations Committee to create a Municipal Service Corporation (MSC) to manage communal service development across the Frontenac’s, with initial municipal ownership based on a weighted assessment model; and,
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Page 83 of 239 Township of South Frontenac Staff Report - Communal Services Governance – Business Case Study
That Council agree to participate in the next step in the Communal Services initiative being the development of a business case based on the recommendations of the WSP report. Carried On September 22, 2021, Council received a letter from the County of Frontenac, requesting comment on an initial draft of the Business Case prior to it being published for public review. On November 2, 2021, Council received a report from staff in response to Council and staff questions and also recommended that Council provide feedback on the business case as itemized in the report so that the County’s Communal Services Committee can consider edits to the business case prior to it being published. Council passed the following motion supporting that feedback to the business case be provided and requesting a subsequent meeting to receive responses to further questions posed during the meeting. Resolution No. 2021-31-11 Moved by Councillor Sutherland Seconded by Councillor Roberts That Council submit feedback, as recommended by staff in this report, to the County’s Communal Services Committee for consideration prior to the publishing of the Draft Frontenac Municipal Services Corporation Business Case Study for public review and comment; (Amendment) And that Council request a subsequent meeting and responses to some of the questions posed in the feedback and by staff prior to the business case being published. Carried
Discussion/Analysis South Frontenac staff have been in regular contact with County staff regarding the draft Frontenac Municipal Services Corporation Business Case Study. The feedback provided by Council and staff from the November 2, 2021 meeting will be included with the feedback provided through the public consultations and provided to the County’s Communal Services Committee to incorporate into a final draft of the Frontenac Municipal Services Corporation Business Case Study to be presented for adoption. From the November 2, 2021 meeting, the following questions were posed requesting additional information:
- The Business Case confirms that the MSC’s liabilities would not accrue to the shareholders (Townships) in the event of insolvency; however, it doesn’t speak to the need for an MRA or other mechanism should MECP order any of www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 84 of 239 Township of South Frontenac Staff Report - Communal Services Governance – Business Case Study
the shareholders to assume ownership of the systems should the MSC dissolve. How is this addressed? Under the MSC structure, there would be no requirement for an MRA as the communal system would be assumed as part of an agreement (e.g. Subdivision Agreement), similar to Township Roads, however the assumption would be taken on by the MSC rather than the Township. The MSC is regarded as a municipal entity and as such so would the communal system. An MRA is not required when a municipal entity assumes ownership of a communal system. Should the MSC become insolvent, and the Township had to assume ownership, ownership would be transferred from the MSC to the Township without the need for an MRA. The business case provides for this transfer under the Asset Transfer Policy, scenario #2 on page 20. 2. What are the Source Water Protection implications (for Townships and/or the MSC) of communal ground water systems? There would be no differences in the application of Source Water Protection legislation under the MSC or the Township. Both would be required to identify a source water protection zone for construction of 5 or more units. An amendment to the regional Source Water Protection plan would be required for a well or surface water intake serving 5 or more units. Regional Source Protection staff recommended Source Water protection requirements also be applied to any private project that requires an MRA. 3. Can the County or its consultant provide a more detailed breakdown of the annual operating cost estimates? The County has provided the following breakdown of operating cost estimates per household based on 8 communities of various sizes throughout Ontario operating communal water and wastewater systems:
Community Size
Wastewater and Drinking Water-cost per home (monthly)
Wastewater and Drinking Water-cost per home (yearly)
35-130 homes
$161.34
$1,936
150-340 homes
$114.60
$1,375
As additional information, links to the County’s WSP reports are included (Link– Report #1) (Link – Report #2). A copy of the draft business case study is attached. The draft business case study is intended to be read in conjunction with the two prior WSP reports. Where a conflict exists, the business case study takes precedence.
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Page 85 of 239 Township of South Frontenac Staff Report - Communal Services Governance – Business Case Study
Further, a copy of the previous staff reports from June 15, 2021 and November 2, 2021 are attached. It is staff’s recommendation that support be provided to publish the Draft Frontenac Municipal Services Corporation Business Case Study for public review and comment by the County of Frontenac. Support for the business case does not bind the Township to ownership in an MSC but it is a required next step to move the process forward. Once the public review closes, a revised business case would be updated by the County’s Communal Services Committee and circulated to the Township for feedback and approval. Staff have requested from the County to provide a summary, in the post-public consultation version of the business case, the elements that apply in relation to the MSC that is proposed. For example, removing components that no longer apply such as the levying of taxes to the public or issuing a levy to the shareholder municipalities as revenue mechanisms and confirming components such as the required municipal contribution at infancy and estimates on the affordability of rates.
Financial Implications None.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 2. Promote and support growth than meets the community’s needs while maintaining the integrity of our natural environment.
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation -Kelly Pender, Chief Administrative Officer, County of Frontenac -Joe Gallivan, Director of Planning and Economic Development, County of Frontenac -Claire Dodds, Director of Development Services
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Page 86 of 239 Township of South Frontenac Staff Report - Communal Services Governance – Business Case Study
Attachments
- Staff Report, Communal Services – Approval to Conduct Business Case, June 15, 2021
- Staff Report, Communal Services – Recommendation to provide feedback to the Business Case, November 2, 2021
- Frontenac Municipal Services Corporation Business Case Study – Final Draft, September 9, 2021 (annotated comments)
Approvals Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 87 of 239
To: Council Prepared by: Development Services Department Date of Meeting: September 6, 2022 Subject: Heritage Grant Program
Summary This report recommends that Council approve the Heritage Grant Program. The Heritage Grant Program is intended to encourage and assist owners of designated heritage properties under the Ontario Heritage Act with the maintenance, conservation, restoration, and care of heritage properties. The goal of the program is to enhance heritage designation of buildings, recognize and promote the cultural heritage of the Township.
Recommendation That South Frontenac Council approve the Heritage Grant Program Policy as attached to this report.
Background The Township of South Frontenac has a rich and diverse heritage. The Township of South Frontenac 2019-2022 Strategic Plan’s mission is to preserve and leverage the community’s natural assets, history and rural lifestyle. Accordingly, the Township of South Frontenac Heritage Committee made it one of their goals to establish a Heritage Grant Program to support preserving cultural heritage assets such as buildings that already exist in the Township. Council allocated $15,000 in the 2022 operating budget for this grant program. Council established the Heritage Committee in 2018 to advise and assist Council on matters relating to the conservation of properties and/or cultural heritage value or interest as defined under the Ontario Heritage Act. One of the purposes of the Committee as outlined in the terms of reference which were approved by Council in May 2018 is to explore financial assistance programs related to the conservation of heritage properties and features. As one of its activities in 2022, this Committee’s goal was to develop a Heritage Grant Program to offer financial assistance on a cost sharing basis to owners of designated
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heritage buildings, in collaboration with Township Staff. The Hertiage Grant Program Policy is now coming forward for Council’s endorsement and approval.
Discussion/Analysis The Planning Act, R.S.O., 1990, and related Provincial Policy Statement include a number of provisions relating to heritage conservation. With respect to Cultural Heritage, Section 2(d) of the Planning Act identifies the conservation of features of significant architectural, cultural, historical, archaeological or scientific interests as matters of provincial interest. The Planning Act enables municipalities to adopt Official Plan objectives, policies and procedures related to the conservation of cultural heritage resources. The Township of South Frontenac Heritage Committee has been in place for over five years. This Committee, appointed by Council, functions under the guidelines of the Ontario Heritage Act and is expected to advise Council on heritage matters. The Ontario Heritage Act is the primary legislation for the protection, designation and conservation of cultural heritage in Ontario. It defines the municipal and provincial roles in heritage conservation including that of the Ontario Heritage Trust which conserves and protects significant built, cultural, and natural sites in Ontario. The Heritage Committee developed the Heritage Grant Program Policy over the last 8 months (Attachment 1). They recommend that the scope of the grant program take into consideration all designated structures in the Township and that support be provided to projects that would have positive impact on preserving the cultural heritage of the Township. The recommended Heritage Grant Program was modeled after the Township’s successful Community Grant Program and neighbouring municipalities already established heritage grant programs. The Heritage Grant Program would support and encourage the preservation, restoration and care of heritage structures within the Township. This may include, homes, barns, commercial buildings, churches and any structure that is designated as a heritage structure under Part IV of the Ontario Heritage Act. It places priority on projects that conserve and/or restore elements of the designated heritage property as cited attributes of cultural heritage value or interest in the property’s designation by-law. The grant program would fund 50% of project costs up to a maximum dollar amount of $5,000. The grant must be matched by contribution from the owner and is based on the owner’s actual expenditures verified by invoice. The Committee also developed criteria for evaluating applications and eligible costs that would be covered under the grant. These can be found in Section 4 of the Heritage Grant Program Policy. The submissions would be reviewed by a subcommittee of the Heritage Committee, plus a non-voting Township Staff member. Staff would assist the Committee in reviewing the applications which would then recommend a list of grant recipients to Council for final www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 89 of 239 Township of South Frontenac Staff Report - Heritage Grant Program
approval, similar to the Community Grants, Lake Ecosystem Grants and Private Lane Assistance Grant Processes. There would be annual reporting to Council summarizing the results and outcomes of these projects.
Financial Implications The total amount available for Heritage Grant Program within a calendar year will be based on what Council sets within the annual operating budget. In 2022, $15,000 was allocated by Council to fund this program. Staff time is required to administer the Heritage Grant Program and to provide support to the Heritage Committee.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: 2. Promote and support growth that meets the community’s needs while maintaining the integrity of our natural environment. Action Item (if applicable): Create Heritage Grant Program
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation Heritage Committee
Attachments
- Heritage Grant Program Policy
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Page 90 of 239 Township of South Frontenac Staff Report - Heritage Grant Program
Approvals Prepared by: Anna Geladi, MCIP, RPP, Planner Submitted By:
Claire Dodds, MCIP RPP, Director of Development Services
Approved By:
Louise Fragnito, CPA, Chief Administrative Officer
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Page 91 of 239
Township of South Frontenac Heritage Grant Program Policy 2022
This program is administered under the provision of this Policy to establish a Heritage Grant Program.
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Section 1 : Heritage Grant Program – Introduction Purpose of Grant Program The Heritage Grant Program is intended to encourage and assist Owner(s) with the maintenance, conservation, restoration, and care of heritage properties that are designated under the Ontario Heritage Act. The purpose of the program is to offer financial assistance on a cost sharing basis to owners of designated heritage structures. The Role of the Heritage Committee The South Frontenac Heritage Committee is a committee of the Township of South Frontenac Council and is responsible for reviewing applications in accordance with the Heritage Grant Program. The South Frontenac Heritage Committee consists of volunteers from the community, appointed by Council because of their knowledge or interest in heritage, architecture, history, construction, law, or first-hand experience with building restoration. The Committee is supported by the Development Services Department.
Section 2: Definitions ‘Act’ means the Ontario Heritage Act, R.S.O. 1990, c O.18, as amended from time to time. ‘Applicant’ means the Owner of the property applying for a grant, or their agent, if such agent is authorized in writing by the Owner to act as agent for making the application. ‘Application form’ shall mean the application form attached as Appendix A to this Policy as may be amended from time to time. ‘Conservation’ shall mean maintenance and the act or process of applying measures necessary to look after, sustain and maintain the existing form, integrity, materials and details of a heritage property. Conservation is appropriate when the existing heritage attributes and features are unharmed. ‘Council’ shall mean the elected Council of the Township of South Frontenac. ‘Designated Heritage Property’ shall mean real property including all buildings, structures and landscape elements thereon located in the Township of South Frontenac that have been designated by municipal by-law as being of cultural heritage value or interest pursuant to Part IV of the Ontario Heritage Act or located in Heritage Conservation District designated under Part V of the Ontario Heritage Act. ‘Eligible Heritage Property’ means real property, including all buildings and structures thereon located in the Township of South Frontenac, that has either been designated under Part IV of the Act or is within a heritage conservation district designated under Part V of the Act and
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which has been identified in a Heritage Conservation District Plan as being of cultural heritage value or interest. It is described in section 4 of this policy. ‘Eligible Conservation Work’ means that which is described in section 5 of this policy. ‘Guidelines’ means the Township’s Heritage Grant Program as may be amended from time to time. ‘Heritage Attributes’ means principal external or internal features, characteristics, context and appearance that contribute to the cultural heritage significance of an eligible property. ‘Heritage Committee’ means the South Frontenac Heritage Committee. ‘Heritage Value’ shall mean the aesthetic, historic, scientific, cultural, social or spiritual importance or significance for past, present, or future generations. The heritage value of an historic place is embodied in its character-defining materials, forms, location, spatial configurations, uses and cultural associates or meanings. ‘Maintenance’ shall mean routine, cyclical, non-destructive actions necessary to slow the deterioration of a historic place. Maintenance entails: periodic inspection; routine, cyclical, nondestructive cleaning; minor repair and refinishing operations; and/or replacement of damaged or deteriorated materials that are impractical to save. ‘Owner’ shall mean the person registered on title in the land registry office as owner of the Designated Heritage Property. ‘Restoration’ shall mean the process of accurately recovering, replicating or representing the state of a heritage property at a particular period in its history, while still protecting the cultural heritage value of the property. Restoration is appropriate when the significance of the property during a particular period in its history far outweighs the potential loss of existing materials and other attributes. Restorations are usually considered when the heritage integrity and significance of a property has diminished over time. Restoration should focus on accurately replicating decayed and missing elements, revealing intact elements that are hidden or obscured; and on removing inappropriate finishes and features that diminish the heritage value of the property. The merit of a restoration project should be determined using appropriate documentary sources and should not be influenced by current design trends.
Section 3: Grant Details Priority will be given to projects that conserve and/or restore elements of the Designated Heritage Property cited as attributes of cultural heritage value or interest in the property’s designation by-law. Grants will not be awarded retroactively for work already completed and the Heritage Committee may include conditions with their grant recommendation for approval. 3
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Amount of Grant Assistance
All Designated Heritage Properties are eligible to apply. The grant amount is one half (50%) of eligible project costs (refer to section 5) up to a maximum of $5,000 subject to available funding per calendar year. The grant must be matched by contribution from the owner and is based on the owner’s actual expenditures verified by invoices. Donated labour and materials are not considered part of the costs or part of the owner’s matching contributions. The grant is paid upon satisfactory project completion.
Application Deadline The municipality will accept applications for the Heritage Grant Program between January 1 and November 30 of the calendar year on a first-come, first-served basis. Please note: the amount of funding for Heritage Grant Program is determined on an annual basis by Council and may vary from year to year. Grants applied for later in the year may have to wait for the next funding cycle to be considered. Frequency of Grant Subject to approval, an eligible property may receive one grant per calendar year. If the grant is over subscribed, priority will be given to applications that have not previously received funding through this grant program. Completion of Work The project must be completed within two years of the date the grant is approved. Should the approved project not be completed within the two-year deadline, an (additional) heritage permit application will be required to approve any necessary extensions, up to an additional two years. Should a project not be completed within four years of the grant approval, the grant monies will be null and void and returned to the Heritage Property Grant.
Section 4: Eligibility Eligible Property To be eligible, a property must be:
- Designated heritage property under the Ontario Heritage Act (Council has passed the designating By-law and the designation is registered on title); and
- Located within South Frontenac; and
- Used in conformity with the applicable Zoning By-law regulations and other relevant land use planning regulations;
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- Free of property tax arrears at the time of application and throughout the grant period, compliance orders, enforcement orders, Building Code, the Ontario Fire Code and any other outstanding fees, fines, order or statutory violations.
Eligible Applicants Owners and tenants of an Eligible Heritage Property may apply for assistance. Tenants are required to provide documentation of the property owner’s consent to the improvements. Written consent may either be in the form of a lease indicating the lessee’s authority for property renovation and repair, or written documentation of the property owner’s agreement to the proposed alterations. The owner and/or tenant will need to provide proof that they have paid for the work that is being done. Payment of funds from the grant shall be made payable to the party that undertook and paid for the work to be completed. Heritage resources owned or used by any level of government are not eligible except where a non-profit community group exists and is responsible for maintenance of the building. In these cases, the owner of the Designated Heritage Property shall make an application for the grant and authorize the non-profit community group to submit and speak to the request.
Eligible Costs Eligible work would include the costs of labour, materials and equipment, provided proof of such costs can be verified by invoices and receipts. Donated labour and materials are not considered part of the costs or part of the owner’s matching contribution. Professional fees for work directly related to completing eligible projects are eligible for funding. For instance, eligible fees might be related to: •
• •
preparation of drawings for reconstructed or restored elements such as porches, windows and doors, for which the appearance for the individual property can be clearly determined from documentary evidence solution of structural problems (foundation repairs) preparation of specifications of masonry repair
Determination of what is considered of Eligible Conservation Work is at the discretion of the Township of South Frontenac in consultation with the Township of South Frontenac Heritage Committee.
Section 5: Eligible Projects Any conservation work, which directly and appropriately preserves, restores and/or enhances the heritage attributes as identified and described in the property’s Heritage Designation Bylaw is deemed eligible. All work must be completed in such a manner that does not reduce 5
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from or diminish the cultural heritage value of the property. Where a Designated Heritage Property contains non-heritage additions, or elements, or the proposed work involves new additions, only the Heritage Attributes of the property will be eligible for the grant. Priority will be given to projects that conserve, re-construct or restore elements that are identified as heritage attributes in the Designation By-law. Projects that are submitted for the heritage grant should meet acceptable standards of conservation i.e., Standards for the Conservation of Historic Places in Canada. Eligible projects fall into four general categories:
- Conservation The conservation of existing architectural attributes which are significant to the cultural heritage value of the property. This would include for instance, repair of deteriorated original elements such as doors and windows, siding and roofing materials, and any other attributes as described in the Designation By-law. This money cannot be used to renovate or conserve parts of the structure that are not designated nor contribute to preserving the designation or heritage attributes.
- Reconstruction The reconstruction of existing architectural features which are beyond conservation or repair. The reconstruction of significant architectural features which have been lost, but for which the appearance can clearly be determined from documentary sources will also be considered. This would include only accurate reconstructions of the original attributes, using materials, sizes and configurations which match the original. Appropriate evidence must be retained and submitted after the project, accurately documenting the original material, evidence of age, dimensions, fasteners, surface treatment, etc. of the attributes reconstructed.
- Restoration The restoration of significant architectural attributes which have been lost, but for which the appearance can be clearly determined from documentary sources.
- New signage on an individually designated property The signage would identify the designated property and provide information on why it is culturally significant. Examples of Eligible Work: The following is a list of typical conservation projects that would be considered for funding. It is not an exhaustive list but intended to be used as a guide for what would be considered eligible:
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•
•
• • • •
• • • • • • •
•
• •
Any work necessary to restore the building to structural soundness including the correction of serious structural faults which threaten the building’s survival (e.g., introduction of supporting beams, alterations to correct a failing foundation), but not routine maintenance. Any work which directly and appropriately preserves, restores and enhances specific heritage attributes associated with historic cemeteries and their features such as mausolea, dead houses, stone walls, wrought iron gates and fences which are part of the original design, but not specific grave markers, tombs or monuments. Repair or replace original masonry, stucco, siding, exterior cladding, and stonework; Roofing may include the repair or replacement of the roof deck with materials matching the original; Repair, cleaning and re-pointing of masonry and stone to match the original texture, composition, colour and profile; Conserve or restore or replace porches, verandahs, cupolas, columns, brackets, soffits, fascia, and other architectural elements where these features can be documented and reproduced in original materials; Repair or replace a chimney based upon archival evidence of the original feature; Conserve or restore windows, doors and other structural openings; Conserve or restore decorative architectural detailing, millwork and trim; Chemical or physical treatments, if appropriate, undertaken using the gentlest means possible (treatments that cause damage to historic materials will not be eligible); Removal of non-heritage siding and detailing and any inappropriate modern materials; Mitigation of insect infestations that have or may cause damage to the properties wooden structural members; Preservation or restoration of interior heritage attributes, features, materials and finishes if they contribute to the cultural heritage value of the property; interior work of this nature usually focuses on period wallpaper and paint, woodwork, hardwood floors, wall murals, stained and leaded glass, etc.; Preparation and introduction of period paint colour scheme; painting of surfaces, based on documentary evidence or original colours. The cost of a paint analysis may be an eligible cost; Architectural and engineering services, feasibility studies, cost estimates, preparation of drawings; Conservation of any other features or character defining element on the property that is cited and described as a cultural heritage attribute in the Heritage Designation By-law and/or statement of reason for heritage designation report.
Grants for exterior painting Applicants applying for a grant for exterior painting of a heritage property need to include in their application: 7
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• • • •
Colour scheme and paint colour samples; Estimate for cost if work is to be done by the owner (up to 100% for materials only) Two estimates if work is to be done by a contractor; This is a one time only grant per property. After the initial grant, it is expected that paint maintenance will be the owner’s responsibility. This would not preclude the property owner from submitting a future grant application for other eligible works.
Section 6: Ineligible Conservation Work Ineligible work includes any work or projects that are non-heritage in nature, works that focus on non-heritage attributes, additions or finishes or any works that might diminish the cultural heritage value of the property.
Examples of Ineligible Conservation Work: • • • • •
• • •
• • • • • • •
Projects that do not contribute to the conservation of heritage attributes of the property, such as the introduction of new features or additions; Projects that may be considered routine or short-term maintenance such as the repair of a broken window or repair of siding or roofing through patching; The replacement of original roofing materials, such as slate or cedar shakes; Synthetic stone; Power washing, sandblasting, and cleaning of masonry surfaces will not be eligible unless it can be proven that the cleaning of the masonry is necessary for the conservation of the structure; Repairs and upgrades ordered as a result of non-compliance with applicable By-law, regulations and legislation; Re-insulating, installation of new heating or cooling systems or other energy efficiency upgrades; Construction of new additions or accessory structures that are not based on historical research and that do not incorporate historically appropriate forms, finishes, elements and materials; Removal of mould or other contaminates; Driveway paving and repairs; Improvements to mechanical or electrical systems; Any work completed or started before a grant has been formally approved; Exterior painting not based on historical research and not using appropriate period paint colour schemes; Non-heritage signage – heritage signage that provides information about the cultural heritage of the structure may be considered; Moving of structures;
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• •
Works focusing on non-heritage additions or items not specifically identified as heritage attributes; New fencing or landscaping that is not based on historical research and that do not incorporate historically appropriate forms, finishes, elements and materials.
Section 7: Supporting Documentation for the Heritage Grant Submission The owners are encouraged to submit as much relevant information and supporting documentation as necessary to describe the proposed project and demonstrate its merits. The Township may request additional information. The following types of information must be included with each submission:
- Completed Heritage Grant Application form, including a detailed project description.
- Photographs of the project site and of the features showing what and where the work will take place.
- Historical photographs, illustrations, or other forms of historical documentation of the property (if available). If not available, general historical references and graphical material that helps illustrate what is proposed and why it is historically appropriate.
- Drawings (as necessary) that adequately illustrate the scope and type of work and location that is being proposed;
- At least two (2) competitive cost estimates for all labour and materials involved in the proposed work, unless there is only one specialized supplier of a particular product, trade of service in the area. Although not mandatory, owners who want to apply are encouraged to select suppliers, contractors and/or trades people that have demonstrated experience with heritage properties. Cost estimates must be sufficiently detailed so that they indicate the scope and nature of the work. If the proposed project includes both eligible and non-eligible work, the cost estimates must clearly differentiate between the two.
- A brief summary of the overall project budget.
- A statement detailing other grants or funding sought for the proposed work, if applicable.
- A heritage permit application may be required in addition to a Heritage Grant Program Application. Development Services Staff will determine heritage permit requirements with the applicant. They may be applied for in advance of the grant application or concurrently with the grant application.
Section 8: Process Heritage grant applications shall be reviewed on a first-come, first-served basis within each year. Please note that not all heritage grant applications may be successful. The grants are
9
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subject to available funding and based on the quality of the application at the discretion of the Township of South Frontenac. To apply for and be awarded a heritage grant, the following steps must be followed:
- The owner must undertake a pre-consultation meeting with the Township of South Frontenac Development Services Department to discuss the project and determine eligibility.
- Once a complete application is received by the Township, the owner will meet with the Township Heritage Committee for review of the application.
- A site visit will be conducted by Heritage Committee and Township Staff.
- A report to Council will be written by the Heritage Committee and Township Staff with a recommendation regarding the application.
- Council will consider the recommendation and determine whether the heritage grant should be awarded.
- The applicant is required to enter into a letter of understanding with the Township. This document establishes a formal agreement between the applicant and the Township and outlines the amount of the grant and the project completion date. The letter of understanding must be signed and returned to the Township.
- If an application is unsuccessful, a letter will be sent confirming that a grant will not be issued. The applications should be received by the Township at least eight (8) weeks before the anticipated project launch. Works and projects under consideration with a heritage grant submission shall not commence before receiving written confirmation from the Township that a heritage property grant has been awarded and the signed letter of agreement provided. The application may be granted funding either with or without certain conditions and/or other restrictions. The property owner is responsible for overseeing the work and ensuring that the contractor is aware of the heritage requirements for the project. The property owner is responsible to obtain all permits required under the Ontario Building Code from the Township. It is the property owner who is responsible for booking all required building inspections. The Township of South Frontenac Development Services Department is to be advised when the work is completed and the project will then be inspected to ensure conformity to the grant and heritage permit application submitted.
Section 9: Application Review & Decision The owner who applied for the heritage property grant will permit a Township Staff and/or Heritage Committee Member to assess and photograph the property to document the condition of the building before, during, and after the construction work. In addition, the owner 10
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who applied will allow Township Staff and/or Heritage Committee Member to enter and inspect the completed project to ensure conformity to the proposal submitted. The grantee is required to contact the Township concerning any changes to the project which are proposed during the course of the work. The grantee must submit copies of all final paid invoices once the work has been completed and inspected. When the Township confirms the project has met all conditions of the grant, staff will issue a cheque to the grantee for up to one half of the approved actual eligible project costs. Assessment of Applications The following considerations will apply to the review of all applications for a grant: • • •
• • • •
• • • •
•
Preference will be given to applications where the integrity of the eligible heritage property may be threatened if the proposed conservation work is not undertaken. Preference will be given to applications proposing work visible to the general public. The project should comply with acknowledged heritage conservation principles, policies and guidelines including but not limited to, specific South Frontenac Heritage conservation district plans, policies of the Ontario Ministry of Culture, and the Standards and Guidelines for the Conservation of Historic Places in Canada. The scope of work is clear, logical, and demonstrates that maximum retention of the historic fabric and heritage attributes. Compatibility and consistency with the architectural, historical, and contextual significant of the property. Serves to rehabilitate the building or property by stabilizing and protecting existing architectural heritage attributes and/or other character defining elements. Serves to help restore the building or property by replicating lost or damaged architectural heritage attributes and/or other character defining attributes that were once part of the building or property. This work must not compromise existing heritage attributes in the process and must be justified using appropriate research and documentation methods Serves to improve and strengthen the streetscape, neighbourhood or area in which it is located. Consistency with Township policy as outlined in the Township Official Plan. Consistency with Township By-laws, policies, codes as well as relevant provincial and federal regulations. The overall cultural heritage value of the property as determined by the Township’s criteria for assessing cultural heritage value or interest, as defined by the Ontario Heritage Act. Documentation that indicates the suppliers of a product, trade, or service have sufficient experience working with heritage properties, if applicable. 11
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• •
The use of historically appropriate materials and finishes as warranted. The availability of funds within the program budget.
Issuing the Grant Before the heritage grant is paid by the Township, the following must happen: • •
•
The work as approved by Council, must be completed to the satisfaction of Development Services Staff. The work must be completely paid for by the owners or tenants, and written documentation (invoice, receipts and other documents) must be provided to the Township to verify such payment. The work must be completed within two (2) years of the date of approval of the heritage grant by Council.
The Township will pay 100% of the grant to the property owner within twenty (20) working days of successful completion of the approved work and upon signing the Agreement form and submitting all required documentation. Section 10: Remedial Actions Should, in the opinion of Township Staff, the heritage grant recipient fail to comply with the requirements of the Heritage Grant Program as outlined in this guideline, or supplied false information, the owner or tenant who applied for the heritage grant shall either not be paid the grant by the Township, or if the heritage grant has already been paid, the owner will be required to repay the entire heritage property grant amount to the Township. Failing immediate repayment upon notice from the Township, the grant shall be deemed a loan, for which the amount of the loan together with interest (at the Prime Interest Rate as set out by the Bank of Canada as of the date of notice from the Township, plus 2%) may be added by the Township Clerk and collected in a manner as municipal taxes over a period fixed by Council. For further information please contact: Development Services heritage@southfrontenac.net
APPLICATION FORM
Application No: _________
Heritage Grant Program
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The accuracy and completeness of this application is the responsibility of the applicant. The issuance of a Heritage Permit must precede or happen at the same time as any other required municipal approval. Submit this application with a Heritage Permit Application and with all required information outlined in the checklist below: Deliver your completed application to: 4432 George Street, Box 100, Sydenham, ON, K0H 2T0 Attn: Development Services Email: heritage@southfrontenac.net Checklist
- Completed Heritage Permit Application form, including a detailed project description
Included? Mark YES or NO
A professionally prepared and scaled drawing of the proposed work, including any specific details as may be required.
A minimum of two costs estimates. The estimates must clearly itemize labour and material costs
Recent photographs and digital images that provide an overview of the building’s exterior
Recent photographs and digital images of the specific area for the proposed project
Confirmation that the property taxes are in good standing with no outstanding work orders (e.g., receipt of paid taxes or current tax certificate from the Township)
Any relevant historical images of the project area
Samples of the proposed materials or colours, and any product information, dimensions, mortar mixes, cleaning chemicals, ect.
Any relevant plans, documentation or studies
Timeline indicating when the work will begin and the expected completion date
Owner’s Authorization Form (if submitted by an agent)
Applicant Information Name: _______________________________ Telephone Number:______________________ 13
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E-mail: _____________________________________________________________________ Mailing Address: _____________________________________________________________ 2. Owner of Property
___ Same as applicant. If not, please complete the section below.
Name: _______________________________ Telephone Number:______________________ E-mail: _____________________________________________________________________ Mailing Address: _____________________________________________________________ 3. Property for which application is being made Civic Address: ______________________________________________________________ Lot Description (Lot, Concession, & RPlan) ________________________________________ Roll Number: _________________________________ PIN: __________________________ 4. Use of Structure (eg. Residential, Multi-Residential, Commercial)
- Under which part of the Ontario Heritage Act is the property Designated? Part IV _____ (Individual Property Designation)
Part V ____ (Heritage District)
- Have you previously received a Designation Property Grant for this property? No:____
Yes: ____
(If “yes”, give date and amount) Date:_______ Amount:______
- Is this property the subject of any Township By-law contraventions, work orders, penalties, fees, arrears of taxes, fines, or other outstanding municipal requirements as of the date of application? No:____
Yes: ____
(If “yes”, please explain in separate document).
- Enclose all drawings, photos and/or other material necessary for a complete understanding of the proposed work (use additional sheets as required). Please include any available historic photographs.
- Provide a description of the project proposal. Include details such as materials to be used, sizes, mortar mixes, etc. You may wish to use a separate sheet.
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- Outline how the proposed project would preserve, restore and/or enhance specific heritage attributes:
- Briefly outline the conservation methods, materials, and techniques to be applied to the proposed project:
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- Cost Estimate Summary (Enclose at least 2 estimates) Company
Details
Estimate $
Name: Address:
$
Name: Address:
$
Name: Address: 13. Total Project Costs (to the nearest dollar) Sources Amount of Grant Requested from Township of South Frontenac Owner’s Contribution Other Sources (if any) Total Project Costs
Details
Amounts $
$ $ $
- Declaration
- I, the undersigned, certify that to the best of my knowledge the information provided in this application is accurate and complete, and I agree to the terms and conditions of the Heritage Grant Program as outlined in the policy document.
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- I am the owner of/or the authorized agent of the owner, named in the above application and hereby apply for a grant under the Heritage Grant Program (provide a registered owner’s authorization form).
- I understand that the final amount of the grant will be determined and that this application will be completed following: a. A site inspection of the property and assessments of impacts on existing designated heritage attributes by the Heritage Committee and Development Services Staff b. Owner provided drawings, and/or specifications, costs estimates and photographs c. Assessment of the merits of the application by the Heritage Committee d. Formal approval of application by the Township of South Frontenac Council e. Substantiation of the completed work by invoices provided and; f. Completion of work within two (2) years of the date of approval of the grant
- The undersigned hereby certify that no works eligible for heritage grant assistance and/or which would require permission to alter under the Ontario Heritage Act, have commenced as of this date, or will commence prior to approval of this application.
date
Owner Signature
Personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act R.S.O. 1990 m c.M.56 for the purpose of providing information for a Heritage Grant Program application for the above listed property. Questions about this collection should be directed to the Township of Development Services Staff at heritage@southfrontenac.net
Township Staff – OFFICE USE ONLY Application Received by: ______________________
Date: ________________
Date of Referral to Heritage Committee: ____________________________________________
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Project
_____ Accepted (Conditions) ________________________________________
_____ Not Accepted (reasons) _______________________________________
Council Meeting Date: __________________________________________________________ Project
_____ Accepted (Conditions) ________________________________________
_____ Not Accepted (reasons) _______________________________________
Attachments Received: Item Received?
Yes / No
All Bills and Invoices for labour and/or materials marked Paid in Full Date of Work Completed: Final Inspection / Site Visit
18
Page 109 of 239 MEETING BELLROCK HALL July 20 2022 Present: Debbie Twiddy, Celine Hayes, Carmel Orr, Doug Morey Upcoming Rentals: July 9 rental was cancelled: family emergency. To be re-booked. Proposed Rentals: Sjoujke has not gotten back to us yet about the proposal to rent the hall this winter that Ben told us about at the last meeting. Water Testing: Next test is due July 26, 2022 but the water system needs to be shocked again after pump repairs. Eurofin is closed for part of the summer so we can’t re-test until they re-open. Will have to put up boil-water notices until we get re-tested. Trespassers: 4-wheelers are damaging the septic bed and orchard. Suggestions: get signs posting the property, use a trail camera to capture license plates, call the police. Treasurer: Petty cash as of July 20 2022 Balance: $228.92 Expenses. Outside lights replaced, parts for the water pump.(was leaking, fixed by Howard and Derek) SF chequing account—We are awaiting information from the new treasurer whose name we still don’t know since Trevor left. Have left numerous requests for an update. Celine will try to contact Angela Maddocks, Stacey Stedhall, or Louise Fragnito to try to get this information. Insurance: Carmel investigated “Under Our |Wing”, an insurance company that caters to non-profit groups to see what they could do for us. Best possibility could be their “Office Package” insurance. We need to find answers to a few questions: 1
- Are we part of “Volunteer Canada” organisation and
- What is their definition of “board of directors” and how does this apply to our situation? Insurance rates could be considerably lower than what we are paying now. Carmel to inquire further and report back to us. Village road safety: Celine contacted Troy from the township about the traffic speed in the village. Also children driving 4-wheelers and dirt bikes on the roads. Sight lines by the bridge due to untrimmed foliage. Speed signs will be put up in the village (50 kph). Foliagehas now been trimmed by the bridge. Township may put radar-electronic sign up to discourage speeding. Petition and/or parkette status of the the playground could be factors useful to change the speed limit. Upcoming events: Verona Car show: Aug 7, 2022. Debbie attended a meeting of the organisers for the car show as a representative. We have 67 volunteers for the event and we will be manning the raffle and 50/50 ticket sales. Debbie to contact the volunteers with details. Chef dinner, Puppetry/storytelling : Still waiting to hear back from Karen. Will let the committee know when more information is available and perhaps a decision can be made before the next meeting. Increasing rental rates: Discuss later and decide before next year’s season. Grant application has been made to United Way Kingston . Nothing heard yet. Might hear by October. BellRock Community(street) Party: Date to be determined. Details to be worked out—probably at next meeting. Next meeting Wed Aug 17 at 6pm.
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To: Council Prepared by: Development Services Department Date of Meeting: September 6, 2022 Subject:
Zoning By-law Amendment Application PL-ZBA-2022-0050 (Huehn)(Fotenn) – 38 Phoebe Lane
Summary This report recommends that Council pass a by-law to change the zone on the subject lands from Limited Service Residential - Waterfront (RLSW) to a property specific Limited Service Residential - Waterfront zone (RLSW-133) to permit the second storey of an accessory, detached garage to be used for human habitation similar to a sleeping cabin (i.e. sleeping accommodation only) and to permit this building to exceed the maximum building height permitted in the RLSW zone, and to have a reduced setback from the top of bank.
Recommendation THAT By-law 2022-77 to amend the zoning on lands in Part 4 on Plan 13R11606, Part of Lot 5, Concession 14, District of Loughborough, Township of South Frontenac be passed.
Background Council held a virtual public meeting under the Planning Act on August 9, 2022, on the proposed amendment to Zoning By-law No. 2003-75. This application is being brought forward to Council for a decision.
Discussion/Analysis Summary of Application The proposal is to change the zone on the property from Limited Service Residential Waterfront (RLSW) to a property specific Limited Service Residential Waterfront zone (RLSW-133) to allow the second storey of an accessory, detached garage to be used for human habitation similar to a sleeping cabin (i.e. sleeping accommodation only). The zone would permit this building to exceed the maximum building height permitted in the RLSW zone, and to have a reduced setback from the top of bank. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 111 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0050 (Huehn)(Fotenn) – 38 Phoebe Lane
Property Description The subject lands are located at the end of Phoebe Lane, which is accessed off Rose Lane, off Desert Lake Road. The subject lands have an area of approximately 0.55 hectares (1.37 acres) with water frontage on Desert Lake. The property consists of a small peninsula with a steeply sloping shoreline The property rises steeply from Desert Lake and then continues to rise gradually towards Phoebe Lane. The lands are generally level in the area of the developed portion of the property. The property is developed with a single detached dwelling and a holding tank. The dwelling is setback 5.74 metres from the top of bank and the highwater mark. The dwelling is one storey with a height of 5.5 metres. The floor area of the dwelling is 128 square metres (1378 square feet). Supporting Documentation – Planning Justification Report A Planning Justification Report (Fotenn, March 30, 2022) was submitted in support of the rezoning application. The Planning Justification Report includes a description of the area, a site plan drawing as well as elevation and floor plan drawings of the proposed building. The report assesses the appropriateness of the proposed zoning by-law amendment in the context of the surrounding area as well as its conformity to applicable policy and regulatory framework. The Planning Justification Report focuses on the definition of sleeping cabin, specifically the maximum footprint that is permitted. The report proposes a new revised definition for a sleeping cabin to allow the proposed development. It is the opinion of Township Staff that the application is about allowing habitable space in an accessory building that is not a dwelling and that does not meet the definition of a sleeping cabin. The report is available for review in the Township’s Civic Web Document Centre (https://southfrontenac.civicweb.net/filepro/documents/87239/). Department, Agency Comments Cataraqui Conservation provided comments on May 25, 2022. Cataraqui Conservation staff noted that the proposed building (detached garage) and the septic bed will be located at least 30 metres from the highwater mark and more than 6 metres from the top of bank. They have no objections to the application. They note that development within 15 metres of the top of bank will require a permit under O. Reg. 148/06.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 112 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0050 (Huehn)(Fotenn) – 38 Phoebe Lane
Building Services provided comments on June 15, 2022. They note that a site specific location as identified in the preliminary plan of Survey 2021-0056 GNDC POS by Hopkins Chitty Land Surveyors Inc, dated May 14, 2021 is acceptable for the installation of a new Class 4 Sewage System which will serve the proposed development. Public Comments A virtual public meeting was held under the Planning Act on August 9, 2022. No comments were received from members of the public at the meeting. Mayor Vandewal, Councilor Revill, Councillor Ruttan spoke in support of this application. Planning Analysis The proposed rezoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. Accessory Buildings and Uses The PPS and the County Official Plan speak to permitting resource-based recreational uses and development that is sensitive to the surroundings. The subject lands are designated Rural in the Township Official Plan. The Township Official Plan suggests that the type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The Official Plan permits some limited service residential development in the form of single detached dwellings and seasonal dwellings on waterfront properties accessed from a private road. Residential land uses may include accessory buildings and structures. The lands are zoned Limited Service Residential - Waterfront (RLSW). The RLSW zone permits accessory buildings including one sleeping cabin where there is a dwelling on a property. The subject property has an existing dwelling. An accessory building may not be used for human habitation unless it is expressly permitted in the Zoning By-law. A sleeping cabin is a permitted use, but it must be single storey with a maximum footprint of 27.9 square metres (300 square feet) designed as sleeping accommodation only. It may contain plumbing or a bathroom, but not a kitchen. It cannot be used for the temporary accommodation of members of the public for a fee. As an undersized waterfront property, there are limited options for the placement of accessory buildings. The applicants are proposing to combine the two uses in one building in order to minimize physical impacts such as site alteration and vegetation removal. The second floor of the building would actually have a lesser area due to the proposed roofline.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 113 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0050 (Huehn)(Fotenn) – 38 Phoebe Lane
It will have an area of 33.4 square metres (360 square feet). The second floor would have a bathroom but no kitchen. No dwelling unit would be permitted. The by-law amendment limits the use of the second floor of the garage to human habitation for consistent with the Zoning By-law definition of a sleeping cabin, and specifies a maximum floor area. The by-law also prohibits the establishment of a separate sleeping cabin on the property. Accessory buildings in the RLSW zone are permitted to have a maximum height of 6 metres. The proposed garage will have building height of 8 metres to accommodate the second storey. This height is typical for a two-storey detached garage. The proposed design of the building will also minimize visual impacts. The structure will be located on a higher point on the ground. Being located on a peninsula and the elevation difference provides buffering from the shoreline. A new dwelling is being constructed on a different property to the north of the proposed location, approximately 100 metres from the structure. The proposed garage/sleeping cabin is located in such a way that it is not anticipated to prevent views of the water for the adjacent property. Staff consider this proposal appropriate development for the lands. Incorporating a sleeping cabin-type use into a second storey on the proposed garage and prohibiting a standalone sleeping cabin will reduce the footprint of buildings on the subject property, preserving not only the character of the waterfront property, but the vegetation and natural landscape of the property. Staff note that the proposed floor area of the human habitation maintains the intent of the sleeping cabin provision of the Zoning By-law. Natural Hazards The shoreline of the property rises steeply from the lake. The Township Official Plan, consistent with the PPS, directs development away from lands that might be subject to shoreline erosion hazards. As per section 5.8.2(b) of the Township Zoning By-law, no building or structure including the septic tank installation shall be located within 15 metres from the top of bank if the slopes is greater than 30%. A review of the subject lands revealed that portion of the subject property contain steep slopes of 30% or more. Cataraqui Conservation indicated that the extent of potential erosion hazards on the property is 6 metres from the stable top of bank. The proposed building will be setback 9.2 metres from the top of the steep slope (top of bank). This is reflected in the by-law. The sewage system will be setback 10.9 metres from the top of bank. Planning approval is not required for the replacement sewage system per section 6.10.4 of the Township Official Plan. The proposed building and sewage system are located as far back from the top of bank as possible on the subject property. The new sewage system represents an improvement to the property and is located farther from the lake than the existing holding tank. Cataraqui Conservation has no concerns with the proposal from a natural hazards perspective.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 114 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0050 (Huehn)(Fotenn) – 38 Phoebe Lane
Any indirect impacts associated with stormwater runoff during construction should be minimal, especially with proper erosion and sediment control tools used. Conclusion It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property.
Financial Implications Not applicable.
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.
Climate Considerations ☒ Not applicable to this report.
Notice/Consultation Council held a virtual public meeting under the Planning Act on August 9, 2022.
Attachments
- By-law 2022-77
- Survey Sketch
Approvals Report Prepared By: Anna Geladi, MCIP, RPP, Planner Report Reviewed By: Christine Woods, MCIP, RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 115 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0050 (Huehn)(Fotenn) – 38 Phoebe Lane
Submitted By:
Claire Dodds, MCIP, RPP Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 116 of 239
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-77 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM LIMITED SERVICE RESIDENTIAL – WATERFRONT (RLSW) TO LIMITED SERVICE RESIDENTIAL – WATERFRONT – SPECIAL PROVISION (RLSW-133) ON LANDS DESCRIBED AS 38 PHOEBE LANE, PART 4 ON PLAN 13R11606, PART OF LOT 5, CONCESSION 14, DISTRICT OF LOUGHBOROUGH: HUEHN WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “B”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Limited Service Residential – Waterfront (RLSW) to Limited Service Residential – Waterfront – Special Provision (RLSW-133) on the lands shown on Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RLSW-133 (Huehn, Part 4 on Plan 13R11606, Part of Lot 5, Concession 14, District of Loughborough) immediately after the last Limited Service Residential – Waterfront – Special Provision section to read as follows: RLSW-133 (Part of Part 4 on Plan 13R11606, Lot 5, Concession 14, District of Loughborough; Huehn) Notwithstanding the provisions of section 10.3.2 or any other provision of this By-law to the contrary, on the lands zoned Special Limited Service Residential – Waterfront (RLSW-133), the following provisions shall apply: •
An accessory building is permitted to have a second storey used for human habitation. The following provisions shall apply to an accessory building that contains human habitation: o Human habitation is permitted in accordance with the range of uses permitted under the sleeping cabin definition of this by-law. o No use shall be established that meets the definition of a dwelling unit in this by-law. o The area used for human habitation is permitted to have a maximum floor area of 33.4 square metres (360 square feet) and is limited to the second floor of the building. o Building height (maximum) 8.0 metres (26.5 feet) o Top of Bank setback (minimum) 9.2 metres (30 feet)
No additional accessory building that meets the definition of a sleeping cabin is permitted to be established on the lands zoned RLSW-133. All other provisions of this by-law shall apply. 3.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34.
Page 117 of 239 Dated at the Township of South Frontenac this 6th day of September, 2022. Read a first and second time this 6th day of September, 2022. Read a third time and finally passed this 6th day of September, 2022.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 118 of 239 Schedule 1 This is Schedule “1” to By-law No. 2022- 77.
Passed this 6th day of September, 2022
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 119 of 239
Page 120 of 239
To: Council Prepared by: Development Services Department Date of Meeting: September 6, 2022 Subject:
Zoning By-law Amendment Application PL-ZBA-2022-0088 (Prikker) – 1466 Devil Lake Road
Summary This report recommends that Council pass a by-law to change the zone on a portion of the subject lands from Rural (RU) to Waterfront Residential (RW) to permit residential development on two waterfront properties that are accessed from a public road and also to limit the permitted uses to either a seasonal dwelling or a single detached dwelling.
Recommendation THAT By-law 2022-78 to amend the zoning on part of lands described as 1466 Devil Lake Road, Part Lots 12, 13 and 14, Concession 11, District of Bedford, Township of South Frontenac be passed.
Background Council held a virtual public meeting under the Planning Act on August 9, 2022, on the proposed amendment to Zoning By-law 2003-75. This application is being brought forward to Council for a decision.
Discussion/Analysis Summary of Application The proposal is to change the zone on the subject lands from Rural (RU) to Waterfront Residential (RW) to fulfill a condition of provisional approval of consent applications S-6521-B and S-66-21-B. The RW zone would acknowledge that the waterfront properties have frontage on and are accessed by a public road and also limit the permitted uses to either a seasonal dwelling or a single detached dwelling.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 121 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0088 (Prikker) – 1466 Devil Lake Road
Property Description The subject property is located on the north side of Devil Lake Road and has water frontage on Christie Lake. The subject lands consist of large pockets of wetlands, ponds and large forested areas. There is a right-of-way which provides access to Christie Lake for a separate property located to the east the subject property. The subject property is surrounded by large rural landholdings and residential development along Devil Lake Road. Lot 1, one of the severed parcels to be rezoned, (S-65-21-B) is located on the west-most side of the subject property. It consists of 1.04 ha (2.57 acres) of land with 99 metres (325 feet) of road frontage on Devil Lake Road and 171 metres (561 feet) of water frontage on Christie Lake. The severed parcel consists of vacant land and is forested. Lot 2, the second severed parcel to be rezoned (S-66-21-B) is located to the east of Lot 1 and to the west of the retained parcel. The severed parcel contains a dwelling. The dwelling is located on the south-west side of the property, close to Devil Lake Road. It is located within the 30 metre setback from the highwater mark of Christie Lake. The retained parcel is approximately 179.4 hectares (443.4 acres) of land with 92 metres (301 feet) of road frontage on Devil Lake Road and 1276 metres (4186 feet) of water frontage on Christie Lake. The retained parcel contains pockets of wetlands and ponds, and is forested. The retained parcel is not proposed to be rezoned. Department, Agency and Public Comments Public Services, Building Services and the Cataraqui Conservation did not provide comments on the rezoning application as they had no objections to the consent application. Public Comments A virtual public meeting was held under the Planning Act on August 9, 2022. No comments were received from members of the public at the meeting. Councilor Revill was supportive of the application. Planning Analysis The proposed rezoning was assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The Provincial Policy Statement (2020) allows growth and development to be directed to rural lands, including locally appropriate residential lot creation (section 1.1.5). The County of Frontenac Official Plan and the Township of South Frontenac Official Plan also permit residential development in the Rural designation. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 122 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0088 (Prikker) – 1466 Devil Lake Road
The Director of Development Services had consideration for the 2020 PPS as well as the County and Township Official Plans in the decision to grant provisional approval to the consent applications for two new residential lots. The subject property is zoned Rural (RU). A condition of the consent approvals was to change the zone on the severed parcels to Waterfront Residential (RW). The RW zone contains more stringent provisions that are applicable to waterfront properties with a frontage on a public road (e.g. minimum lot area, maximum lot coverage), and also limits the permitted uses to either a seasonal dwelling or a single detached dwelling. The RW zone will ensure that zoning provisions can be properly applied should the owner propose to make modifications to the existing dwelling on Lot 2 or to construct any new buildings in the future. Staff note that the retained parcel is large, roughly 179 ha (440 acres) of land. The retained parcel, although it also has frontage on a public road and frontage on Christie Lake is not required to be re-zoned due to the large area and the environmental features (wetlands and ponds) present on the retained parcel. The retained parcel will continue to function as a rural property. It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property.
Financial Implications Not applicable.
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): N/A
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 123 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0088 (Prikker) – 1466 Devil Lake Road
Notice/Consultation Council held a virtual public meeting under the Planning Act on August 9, 2022.
Attachments
- By-law 2022-78
- Location Map
Approvals Report Prepared By: Anne (Anna) Geladi, MCIP, RPP, Planner Reviewed By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Claire Dodds, MCIP, RPP Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 124 of 239
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-78 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO WATERFRONT RESIDENTIAL(RW) ON PART OF LANDS DESCRIBED AS 1466 DEVIL LAKE ROAD, PART LOTS 12, 13, 14, CONCESSION 11, DISTRICT OF BEDFORD; PRIKKER WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Waterfront Residential (RW) for the lands shown on Schedule “1”.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 6th day of September, 2022. Read a first and second time this 6th day of September, 2022. Read a third time and finally passed this 6th day of September, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 125 of 239 Schedule 1 This is Schedule “1” to By-law No. 2022-78.
Passed this 6th day of September, 2022
Ron Vandewal, Mayor
Angela Maddocks, Clerk
¥
1352 DEVIL LAKE RD
RU
Page 126 of 239
RU
DEVIL LAKE RD
S-66-21-B RU
AREA TO BE REZONED from RU to RW
Christie Lake
L VI DE
KE LA
AD RO
DEVIL LAKE RD
RU
S-65-21-B RU
1492 DEVIL LAKE RD
RW
RU
RW 1510 DEVIL
DEVIL LAKE RD
LAKE RD
1590 DEVIL LAKE RD
RU LEGEND Subject Lands Road Assessment Parcel Building Footprints
(PRIKKER)
Wooded Area
DEVIL LAKE ROAD PL-ZBA-2022-0088 0
15
30
60 m
Waterbody Zoning
COMMUNITY FACILITY ZONE (CF)
QUARRY ‘A’ ZONE (QA)
ENVIRONMENTAL PROTECTION ZONE (EP)
QUARRY ‘B’ ZONE (QB)
MOBILE HOME RESIDENTIAL ZONE (MHR)
RESIDENTIAL ZONE (R)
OPEN SPACE - PUBLIC ZONE (OS) OPEN SPACE - PRIVATE ZONE (OSP) PIT ‘A’ ZONE (PA) PIT ‘B’ ZONE (PB)
AGRICULTURAL ZONE (A)
RURAL COMMERCIAL ZONE (RC) RURAL INDUSTRIAL ZONE (RI) LIMITED SERVICE RESIDENTIAL ZONE (RLS) LIMITED SERVICE RESIDENTIAL - ISLAND ZONE (RLSI)
LIMITED SERVICE RESIDENTIAL WATERFRONT ZONE (RLSW) RECREATIONAL RESORT COMMERCIAL ZONE (RRC)
URBAN INDUSTRIAL ZONE (UI) URBAN MULTIPLE RESIDENTIAL ZONE (UMR)
RURAL ZONE (RU)
URBAN RESIDENTIAL ZONE
- FIRST DENSITY ZONE (UR1)
WATERFRONT RESIDENTIAL ZONE (RW)
URBAN RESIDENTIAL ZONE
- SECOND DENSITY (UR2)
SALVAGE YARD INDUSTRIAL ZONE (SI)
WASTE DISPOSAL ZONE (WD)
TUZ URBAN COMMERCIAL ZONE (UC)
Scale: 1:2,800
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. 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. UTM Projection NAD 83 | Date: 2022-07-11
Page 127 of 239
To: Council Prepared by: Development Services Department Date of Meeting: September 6, 2022 Zoning By-law Amendment Application Subject: PL-ZBA-2022-0097 (Klassen) – 73 Mill Bay Lane, District of Bedford
Summary This report recommends that Council pass a by-law to change the zone on the subject lands from Limited Service Residential - Waterfront (RLSW) to a property specific Limited Service Residential - Waterfront zone (RLSW-134) to permit the principal building to have a maximum of 12.4% lot coverage and to be setback 9.5 metres from the top of bank, and to prohibit accessory buildings and structures on the property.
Recommendation THAT By-law 2022-79 to amend the zoning on lands described as 73 Mill Bay Lane, Part 18 on Plan 13R167, Lot 33 to 34, Concession 7, District of Bedford, Township of South Frontenac.
Background Council held a virtual public meeting under the Planning Act on August 9, 2022, on the proposed amendment to Zoning By-law 2003-75. This application is being brought forward to Council for a decision.
Discussion/Analysis Summary of Application The proposal is to change the zone on the property from Limited Service Residential Waterfront zone (RLSW) to a property specific Limited Service Residential - Waterfront zone (RLSW-134) to permit a maximum of 12.4% lot coverage for the principal building and to prohibit accessory buildings and structures on the property. The site-specific zone would also permit the principal building to be setback 9.5 metres from the top of bank. The applicant is proposing to demolish the existing dwelling, attached deck and shed and to build a new dwelling with an attached garage on the same general footprint. The new dwelling with attached garage will be one storey with a height of 6.4 metres (21 feet) and have a ground floor area of 264.95 square metres (2,851.89 square feet). It would have a www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 128 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0097 (Klassen) – 73 Mill Bay Lane, District of Bedford
slab-on-grade foundation. There will not be an attached deck. It will be setback 30 metres from the highwater mark of Bob’s Lake and 9.5 metres from the top of bank. The new dwelling with attached garage will be larger than the existing dwelling and will result in an increase of lot coverage for a total of 12.4%. The applicant is also installing a new sewage system on the property because the existing system is substandard. The new sewage system will be located more than 30 metres from the highwater mark, between the dwelling and the lane, to the east of the driveway. The old system will need to be removed and the site will need to be restored. Property Description The subject property is located at 73 Mill Bay Lane and has an area of approximately 0.2 hectares (0.53 acres) with frontage on Bobs Lake. The subject property is located on the north side of Mill Bay Lane. The property contains a single detached dwelling with attached deck and a small shed. The property rises steeply from the shoreline of Bobs Lake to a flat area where the existing dwelling is located. The property drops steeply from the location of the existing dwelling towards the lane. The area between the shoreline and the flat area consists of bedrock and is predominately forested. The land between the flat area and the lane is also treed. The existing dwelling is one storey and has an attached deck located on the north side. The building has a height of 6 metres and a ground floor area of 77.6 square metres (835 square feet). The total footprint of the dwelling and deck is 127 square metres (1367 square feet). The dwelling and deck are setback more than 30 metres from the highwater mark, except for the landing for the deck stairs, which is setback 29 metres (96 feet). The dwelling and deck are setback 10 metres from the top of bank, at the closest point. The lot coverage of the existing dwelling and deck is 5.9%. The shed is located to the south of the dwelling, 21 metres (70 feet) from the highwater mark of Bobs Lake. It has a footprint of 8 square metres (90 square feet). The shed has a lot coverage of 0.3%. A sewage system is located south of the dwelling, between the dwelling and the neighbouring property to the south. The property is in an area of similarly developed waterfront residential properties. Supporting Documentation – Slope Stability Study The applicant submitted a Slope Stability Study in support of the proposal (Malroz Engineering Inc, dated April 28, 2022) which speaks to assessing construction near the steep slope to ensure that any slope stability or erosion hazard risks would be addressed. This was required as the proposed reconstruction would encroach on the required 15 metre
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 129 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0097 (Klassen) – 73 Mill Bay Lane, District of Bedford
setback from the top of bank. The study concluded that the slope is stable and that the proposed dwelling is suitable to be constructed at the existing setback of 9.3 metres. Department and Agency Comments Rideau Valley Conservation Authority provided comments in a letter dated May 20, 2022 indicating that the proposed setback of 9.5 metres to the new dwelling from the top of the slope is acceptable. RVCA recommends that the lands within 6 metres of the top of the slope be left natural and not be disturbed. They confirmed by e-mail on July 28, 2022 that they have no objections to the application. They note that the development proposed in the application will not require a permit from RVCA because it does not include any site alteration within the area they regulate. Building Services has no objections to the location of the sewage system and noted that the installer will need to provide a revised design advanced treatment Eljen system due to site constraints. Public Comments A virtual public meeting was held under the Planning Act on August 9, 2022. No comments were received from members of the public at the meeting. Mayor Vandewal, Councillor Ruttan and Councillor Revill spoke in support of the re-zoning application. Planning Analysis The proposed rezoning was assessed against the applicable policies of the Provincial Policy Statement 2020 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The PPS and the County Official Plan sets the policy foundation for regulating the development and use of land. The key objectives include: building strong communities; wise use and management of resources; and protecting public health and safety. The PPS recognizes that local context and character is important. They speak to permitting resource-based recreational uses and development that is sensitive to the surroundings. Waterfront Residential Development The subject lands are designated Rural in the Township Official Plan. The Township Official Plan suggests that the type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The Official Plan permits some limited service residential development in the form of single detached dwellings and seasonal dwellings on waterfront properties accessed from a private road. Residential land uses may include accessory buildings and structures. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 130 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0097 (Klassen) – 73 Mill Bay Lane, District of Bedford
The Township of South Frontenac Official Plan’s housing goal encourages residential development which is affordable, of high quality and capable of meeting the changing and diverse needs of the rural community. The proposed dwelling with attached garage is consistent with the permitted residential use of the property and will contribute to improved housing in the Township. The policies of the Township Official Plan intend to protect and strengthen the character of the waterfront areas, while taking into consideration changing lifestyles and accessibility throughout the municipality and the transition from a more seasonal dwelling to more permanent dwellings in the area. As pressures amount to permit higher density development, there is a need protect the Township’s waterfront areas, unique natural and environmental character. Two of the ways that these policies are implemented through the Zoning By-law are minimum setbacks and maximum lot coverage provisions. Maximum lot coverage provisions are intended to control the scale and density of development on a parcel, avoid an overdeveloped appearance of a lot and shoreline, ensure there is adequate landscaped space, and to minimize site disturbance and vegetation removal. They can also provide for consistent building envelopes on lots in a neighbourhood and maintain compatible mass and scale of new construction. The Mill Bay Lane community is characterized by predominately small single detached dwellings with waterfront view or access to the shoreline. From an aerial analysis as well as MPAC data obtained from Frontenac Maps, properties along Mill Bay Lane are all undersized waterfront lots developed with single detached dwellings. The average lot coverage for a dwelling on properties similar in size to the subject property is 7%. The subject lands are currently zoned Limited Service Residential - Waterfront (RLSW). The RLSW zone permits a dwelling and accessory buildings. The proposed dwelling meets all required zoning setbacks, except from the top of bank, and will maintain sufficient space between adjacent buildings, lot lines and the highwater mark. The proposed dwelling will be on the same general footprint as the existing dwelling where it will have minimal visual impact on surrounding the lake and neighbouring properties. Building on the same footprint will cause minimal disturbance to the natural features on the subject property. There is not anticipated to be any visual impacts from the lane due to the change in elevation (e.g. the dwelling would be several metres above the lane). Similarly, the proposed dwelling is setback more than 30 metres from the highwater mark and several metres above the lake. The proposal allows for the maintenance of the existing natural treed buffer between the dwelling and the steep cliff to the water. The RLSW zone permits a maximum 5% lot coverage for the dwelling. The General Provisions Section 5.24.1 permits an additional maximum 5% lot coverage for accessory buildings and structures. The existing dwelling on the subject property accounts for 5.9% lot coverage. The proposed dwelling will result in 12.4% lot coverage. If the proposed building is broken down into components, the dwelling is roughly 8.4% and the attached garage is roughly 4%. The dwelling component will have a similar lot coverage to other properties on the lane. The garage component will be consistent with the 5% permitted for accessory buildings and structures. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 131 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0097 (Klassen) – 73 Mill Bay Lane, District of Bedford
One way to reduce the lot coverage of the principal building to be more in keeping with the average lot coverage in the neighbourhood would be to detach the garage from the dwelling. However, the applicants are proposing to build a dwelling with an attached garage to allow for easier movement between the garage and the house as the applicants age in their home. The proposed increase in lot coverage is best addressed through a re-zoning application. A minor variance application would not have any mechanism to stop the current or subsequent landowners from obtaining a building permit for accessory buildings on their property in a location that is compliant with the RLSW zone, thereby further increasing lot coverage on the subject property beyond what is intended by the Zoning By-law. This zoning by-law amendment establishes a maximum lot coverage for the principal building and prohibits the construction of any additional accessory buildings and structures. Limiting the construction of any additional accessory buildings and allocating the lot coverage that would normally be permitted for detached accessory buildings to the principal building is the best approach to staff would maintain the intent of the Township Official Plan and Zoning By-law for development of this property. Natural Hazards The Township Official Plan, consistent with the PPS, directs development away from lands that might be subject to shoreline erosion hazards. The Zoning By-law requires a minimum 15 metre setback from the top of bank in order to implement this policy. The Slope Stability Study (Malroz Engineering Inc, dated April 28, 2022) confirmed that the proposed dwelling is not expected to be subject to an erosion hazard, and supports a 9.5 metre setback from the top of bank. The by-law permits a maximum of 12.4% lot coverage for the principal building and prohibit accessory buildings and structures. It also permits a 9.5 metre setback from the top of bank. It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and the South Frontenac Official Plan, and represents good planning for the subject property.
Financial Implications Not applicable.
Relationship to Strategic Plans ☒ Not applicable to this report.
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 132 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0097 (Klassen) – 73 Mill Bay Lane, District of Bedford
• •
Priority: Choose an item. Action Item (if applicable): N/A
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation Council held a virtual public meeting under the Planning Act on August 9, 2022.
Attachments
- By-law 2022-79
- Location sketch
Approvals Report Prepared By: Anna Geladi, MCIP, RPP, Planner Report Reviewed By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Claire Dodds, MCIP RPP, Director of Development Services Approved By:
Louise Fragnito Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 133 of 239
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-79 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM LIMITED SERVICE RESIDENTIAL – WATERFRONT (RLSW) TO LIMITED SERVICE RESIDENTIAL – WATERFRONT – SPECIAL PROVISION (RLSW-134) ON LANDS DESCRIBED AS 73 MILL BAY LANE, PART 18 ON PLAN 13R167, LOT 33 TO 34, CONCESSION 7, DISTRICT OF BEDFORD: KLASSEN WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “D”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Limited Service Residential – Waterfront to Limited Service Residential – Waterfront – Special Provision (RLSW-134) on the lands as shown on Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RLSW-134 (73 Mill Bay Lane, Part 18 On Plan 13R167, Lot 33 to 34, Concession 7, District of Bedford: Klassen) immediately after the last Limited Service Residential – Waterfront – Special Provision section to read as follows: RLSW-134 (73 Mill Bay Lane, Part 18 On Plan 13R167, Lot 33 to 34, Concession 7, District of Bedford: Klassen) Notwithstanding the provisions of section 10.3.1 or any other provision of this By-law to the contrary, on the lands zoned Special Limited Service Residential – Waterfront (RLSW-134), the following provision shall apply: •
•
For the Principal Dwelling: a) Lot Coverage (Maximum) b) Top of Bank setback (Minimum)
12.4% 9.5 metres (31 feet)
No accessory buildings and structures are permitted.
All other provisions of this by-law shall apply. 3.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 6th day of September, 2022. Read a first and second time this 6th day of September, 2022. Read a third time and finally passed this 6th day of September, 2022.
Page 134 of 239 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 135 of 239 Schedule 1 This is Schedule “1” to By-law No. 2022- 79
Passed this 6th day of September, 2022.
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 136 of 239
30.53 m 9.57M from top of bank. Aproximate slope to new grade 5%. Slope to existing grade 12% Slope is less than 30% listed in By-Law 5.8.2.2
9.57 m
Shed to be demolished after main building completion
Legend: Stone Patio New Building Footprint Demo Existing 264.95 sq m
Approximate location of Neighbours septic EMPTY LOT
18.16 m
Neighbours well on opposite side of property.
Proposed new well location
New Septic location per Site visit from Septic installer and Inspector Chris Beeg
10’-0”
Page 137 of 239
To: Council Prepared by: Development Services Department Date of Meeting: September 6, 2022 RC-21-10 (Keefe) – Application to request to stop up, close and Subject: transfer a portion of an Unopened Road Allowance between Concessions 9 & 10, Lot 20, Storrington
Summary An application has been received by Development Services Staff to request to stop up, close and transfer a portion of unopened road allowance.
Recommendation That Council pass by-law 2022-80 to stop up, close and transfer ownership of Part 2 Plan 13R22605 being a portion of unopened road allowance to the adjacent property municipally known as 131 Christel Lane, PIN 36288-0503.
Background An application was submitted to the Development Service Department to stop up, close and transfer a portion of unopened road allowance between Concessions 9 & 10, District of Storrington. Attachment #1 provides a location map. The applicant owns property that is split by the unopened road allowance. The applicant intends to merge the portion of unopened road allowance with the two parcels known as 131 Christel Lane. The property is developed with a frame cottage, sewage system and accessory buildings. Part of the frame cottage, part of the shower room and part of the sewage system were historically developed on the unopened road allowance. The benefitting lands have been surveyed as Parts 1 and 3 on Plan 13R22605, Part 2 Plan 13R22605 is the unopened road allowance. All three parts will merge on title following the closure and transfer of the road allowance which will clean up historic title issues. Attachment #2 provides the registered survey 13R22605. The application came before Council for consideration originally as a larger piece that was proposed to be purchased by numbered company 2290998 Ontario Inc (Beach) to facilitate a severance and give proper legal title of a portion of Christel Lane. This application came to staff following the Public Meeting for the aforementioned file, however, in anticipation of the receipt of additional applications, the Public Meeting was for the entirety of the unopened road allowance and was held on January 12, 2021.
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Page 138 of 239 Township of South Frontenac Staff Report - RC-21-10 (Keefe) – Application to request to stop up, close and transfer a portion of an Unopened Road Allowance between Concessions 9 & 10, Lot 20, Storrington
Discussion/Analysis Planning staff and Public Services staff visited the site in 2021. Public Services staff advised that they have no issues with selling the road allowance as a majority of it is developed with structures and only accessible by a private lane. The application was heard again by Council at the request of the applicant to discuss the purchase price. Council passed a motion on May 24, 2022, that a purchase price of $3,000 plus HST would be applied to this portion of the unopened road allowance. The purchase price has been paid by the applicant. Planning staff have received and reviewed Survey 13R22605. Part 2 is the portion of unopened road allowance to be purchased and transferred to the applicant.
Financial Implications The application fee and legal deposit has been paid by the applicant to process this road closing application. The final purchase price is noted above and has been paid. Fees to survey the portion to be transferred have been 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.
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation • • •
Public Services staff Notice to the Public was circulated in the Frontenac News Notice was sent by mail to all abutting property owners
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Page 139 of 239 Township of South Frontenac Staff Report - RC-21-10 (Keefe) – Application to request to stop up, close and transfer a portion of an Unopened Road Allowance between Concessions 9 & 10, Lot 20, Storrington
Attachments Attachment #1 – Location map Attachment #2 – Survey 13R22605 Attachment #4 – By-Law 2022-80
Approvals Report author: Michelle Hannah, Planning Assistant Submitted By:
Claire Dodds, MCIP, RPP Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 140 of 239
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Page 142 of 239 TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2022-80 BEING A BY-LAW TO STOP UP, CLOSE AND SELL A PORTION OF AN UNOPENED ROAD ALLOWANCE BEING PART 2 PLAN 13R22605, PART OF ROAD ALLOWANCE BETWEEN CONCESSION 9 & 10, DISTRICT OF STORRINGTON; Keefe
WHEREAS, the Municipal Council of the Township of South Frontenac may pass a by-law to stop up, close and sell any highway or part thereof pursuant to the Municipal Act, section 34(1): AND WHEREAS pursuant to the Township of South Frontenac’s Notice By-law No. 2016-73, the Corporation of the Township of South Frontenac caused to be advertised the proposal to close portions of the said road allowance: AND WHEREAS the said road allowance is not used as a publically travelled road: AND WHEREAS no objections have been received to the road closing: NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
THAT the portion of road allowance being Part 2 Plan 13R22605, Part of the Road Allowance between Concession 9 & 10, District of Storrington, Township of South Frontenac, shall be stopped up and closed and ownership transferred to the abutting property owner of Part Lot 20, Concession 9 & 10, Part 1 & 3 on 13R22605, District of Storrington, being all of PIN 36288-0503, municipally known as 131 Christel Lane.
THAT the Mayor and Clerk are hereby authorized and directed to execute such documents as are required; and
THAT this By-law shall come into force and take effect upon registration of this By-law.
Dated at the Township of South Frontenac this 6th day of September, 2022. Read a first and second time this 6th day of September, 2022. Read a third time and finally passed this 6th day of September, 2022.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 143 of 239
To: Council Prepared by: Office of the Clerk Date of Meeting: September 6, 2022 Subject:
Summary
Implementation of Administrative Monetary Penalties – Noise By-law
The purpose of the Report is to provide Council with information regarding the proposed expansion of the application of Administrative Monetary Penalties (AMPs) to deter actions prohibited under By-law 2015-41, A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac.
Recommendation That Council recommend as follows: a) That By-law 2022-81 attached as Exhibit A, being ‘By-law to Amend By-law 2022-70, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given first and second reading. b) That By-law 2022-81 attached as Exhibit A, being “A By-law to Amend By-law 202270, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given third reading, signed and sealed. c) That By-law 2022-82 attached as Exhibit B, being “A By-Law to Amend By-Law 2015-41, ‘A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac’, be given first and second reading. d) That By-law 2022-82 attached as Exhibit B, being “A By-Law to Amend By-Law 2015-41, ‘A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac’, be given third reading, signed and sealed.
Background On August 9, 2022, Council enacted By-law 2022-70, A By-law to Impose Administrative Monetary Penalties on Violations of Municipal By-laws (Administrative Monetary Penalties By-law). The approval of By-law 2022-70 enables the Township of South Frontenac to apply AMPs to address violations under Trailer License By-law (By-law 2004-93) and the Safe Property By-law (By-law 2007-13).
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Page 144 of 239 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Noise By-law
Discussion/Analysis With the exception of violations related to the Trailer License By-law and Safe Property Bylaw, the only recourse in which the Township of South Frontenac can seek prosecution with respect to a municipal by-law violation is under the Provincial Offences Act. Traditionally, prosecution under the Provincial Offences Act involves an often lengthy and costly process. Due to continued delays stemming from court closures during the pandemic, it is reasonable to expect a delay of several years before a case is heard by the provincial court system. As such, it has become commonplace for municipalities to adjudicate by-law offences through the administration of AMPs. This process is much more cost effective and efficient than seeking prosecution under the Provincial Offences Act. Furthermore, unpaid AMPs can be assigned to the property tax roll. It is in this light that it is recommended that the Administrative Monetary Penalties By-law be expanded to permit the application of AMPs to the Noise By-law, By-law 2015-41. To facilitate the application of AMPs under the Noise By-law several administrative amendments are required to the Administrative Monetary Penalties By-law (Exhibit A) and the Noise By-law (Exhibit B). Additional amendments to the Noise By-law are not proposed at this time. It is inherent to note that the amendments outlined in the Report will not alter the by-law enforcement strategy within the Township of South Frontenac. By-law violations will continue to be investigated only on a complaint basis. The following provides a detail summary of the proposed amendments. Summary of Administrative Amendments to the Administrative Monetary Penalties By-law (Exhibit A): a)
By-law 2022-70
No amendments are proposed to the By-law at this time with the exception of the following amendments to Schedule A and Schedule B. b)
By-law 2022-70, Schedule A
In order for a Township of South Frontenac by-law to be subject to administrative monetary penalties it must form part of Schedule A of the Administrative Monetary Penalties By-law. As such, it is recommended that Schedule A of By-law 2022-70 be amended to include the following: “3. Township of South Frontenac, By-law 2015-41, A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac, as amended from time to time.”
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Page 145 of 239 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Noise By-law
c)
By-law 2022-70, Schedule B
i.
Township of South Frontenac, By-Law Number 2015-41, A By-Law to Provide For The Safety Of Properties In The Township of South Frontenac
It is recommended that the following administrative monetary penalties be implemented to discourage situations which negatively impact residents from extended periods of noise or noise during prohibited times to ensure peace in the community. The proposed range of AMPs is between $100.00 and $400.00. By-Law Section
Short Wording
Penalty Amount
- a.
Racing a motor vehicle other than in a racing event regulated by bylaw
$100.00
- b.
The operation of a motor vehicle in such a way that the tires squeal
$100.00
- c.
The operation of a combustion engine, pneumatic device or construction equipment without an effective exhaust or intake muffling device in good working order and in constant operation The operation of a motor vehicle resulting in banging, clanking, squealing or other like sounds
$100.00
The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is stationary in a Residential Area unless:
$100.00
- d.
- e.
i.
ii.
iii.
iv.
The original equipment manufacturer specifically recommends a stronger idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; The operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to operation of a ready-mix concrete truck, lift platforms, or refuse compactors and heat exchange systems normal operation; Weather conditions justify the use of heating or refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo; Prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine;
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$100.00
Page 146 of 239 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Noise By-law
v.
The idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit
The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound in such a manner as to disturb the peace and comfort of a person or persons at the point of reception The sounding of any bell, steam or air whistle, horn, siren or signal device on or off a vehicle
$100.00
- h.
The selling or advertising by shouting, or loud speaking
$100.00
- i.
The keeping of any animal or bird
$100.00
f.
g.
$100.00
(Schedule 1) The operation of any construction equipment in connection with construction during a prohibited period of time. 1. (Schedule 1) The operation of any powered or non-powered tool for domestic purpose other than snow removal during a prohibited period of time. 2. (Schedule 1) The operation of a solid waste bulk lift or refuse compacting equipment during a prohibited period of time. 3.
$250.00
(Schedule 1) The take-off or landing of a power assisted hang glider, parafoil or aircraft of any type during a prohibited period of time. 4. (Schedule 1) The operation of a pit or quarry during a prohibited period of time.
$400.00
$250.00 $400.00
$400.00
(Schedule 1) Yelling, shouting, hooting, whistling or singing during a prohibited period of time. 6. (Schedule 1) The discharge of fireworks (except as permitted by the Municipality) during a prohibited period of time. 7.
$250.00 $400.00
The proposed penalties are within the range of fines ($75.00 to $400.00) levied by other municipalities to address similar offenses. It is important to note that as per the Municipal www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 147 of 239 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Noise By-law
Act, 2001, the fine amount of an AMP may not be punitive in nature and shall not exceed the amount reasonably required to promote compliance with a by-law. Summary of Administrative Amendments to the Noise By-law (Exhibit B): By-law 2022-82 attached to the Report as Exhibit B outlines amendments to the Noise Bylaw which are required for the administration of administrative monetary penalties. To permit administrative monetary penalties to be applied to violations under the Noise Bylaw, it is recommended that By-law 2015-41 be further amended to include the following clause: “5.a. Every Person who contravenes any provision of this By-Law shall, upon issuance of a Penalty Notice in accordance with the By-Law to Impose Administrative Monetary Penalties On Violations Of Municipal By-Laws 202270, be liable to pay to the Township an Administrative Monetary Penalty in accordance with By-Law Number 2022-70.” To address obstruction of Provincial Offences Officers while undertaking their duties, it is recommended that By-law 2015-41 be amended to include the following clause: “6.a. No person shall obstruct or hinder or attempt to obstruct or hinder a Provincial Offences Officer or other authorized employee or agent of the Township in the exercise of a power or the performance of a duty under this by-law. Without limiting the generality of the foregoing, for purposes of this By-law, any person who fails to provide proof of identification satisfactory to the Provincial Offences Officer when requested to do so by the Provincial Offences Officer is deemed to obstruct an Officer under this By-Law.” Next Steps: As outlined at the June 21, 2022 Council meeting and reiterated at the August 9, 2022 Council meeting, staff remain committed to conducting public consultation in the form of a survey to receive additional information regarding enforcement concerns. Furthermore, staff will report back to Council to provide a comprehensive review of enforcement by-laws as outlined in the aforementioned reports. Conclusion: Due to the identification of an immediate need to address municipal by-law offences, staff are recommending that Council approve the expansion of the application of administrative monetary penalties to the Noise By-law. As demonstrated in other municipalities, AMPs have proven to be effective in improving compliance in an efficient fashion.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 148 of 239 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Noise By-law
Financial Implications Revenue stemming from administrative monetary penalties and estimated revenues in future years will be included as part of the by-law enforcement section of the budget.
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.
Climate Considerations ☒ Not applicable to this report.
Notice/Consultation
Frontenac Municipal Law Enforcement Municipal Solicitor
Attachments Exhibit A – By-law 2022-81 - A By-law to Amend By-law 2022-70, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’ Exhibit B – By-law 2022-82 - A By-Law to Amend By-Law 2015-41, ‘A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac’
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Page 149 of 239 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Noise By-law
Approvals Prepared by: James Thompson, Deputy Clerk Submitted By:
Angela Maddocks Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Exhibit A Page 150 of 239 By-law 2022-81 TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-81 A BY-LAW TO AMEND BY-LAW 2022-70, A BY-LAW TO IMPOSE ADMINISTRATIVE MONETARY PENALTIES ON VIOLATIONS OF MUNICIPAL BY-LAWS
WHEREAS Council desires to update By-law 2022-70; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2022-70, “A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws”, is hereby amended as follows: Schedule A is amended by adding Clause 3. to read as follows: “3.
Township of South Frontenac, By-law 2015-41, A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac, as amended from time to time.”
Schedule B is amended to include following Administrative Monetary Penalties related to By-law 2015-41: By-law 2015-41, A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac By-Law Section 2. a. 2. b. 2. c.
d.
e.
f.
Short Wording Racing a motor vehicle other than in a racing event regulated by by-law The operation of a motor vehicle in such a way that the tires squeal The operation of a combustion engine, pneumatic device or construction equipment without an effective exhaust or intake muffling device in good working order and in constant operation
Penalty Amount $100.00 $100.00 $100.00
The operation of a motor vehicle resulting in banging, clanking, squealing $100.00 or other like sounds The operation of an engine or motor in, or on, any motor vehicle or item of $100.00 attached auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is stationary in a Residential Area unless: i. The original equipment manufacturer specifically recommends a stronger idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; ii. The operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to operation of a ready-mix concrete truck, lift platforms, or refuse compactors and heat exchange systems normal operation; iii. Weather conditions justify the use of heating or refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo; iv. Prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine; v. The idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit. The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electromechanical transducers, and intended for the production, reproduction or
$100.00
Exhibit A Page 151 of 239 By-law 2022-81 amplification of sound in such a manner as to disturb the peace and comfort of a person or persons at the point of reception 2. g. 2. h. 2. i. (Schedule 1) 1. (Schedule 1) 2. (Schedule 1) 3. (Schedule 1) 4. (Schedule 1)
The sounding of any bell, steam or air whistle, horn, siren or signal device on or off a vehicle The selling or advertising by shouting or loud speaking The keeping of any animal or bird
$100.00 $100.00 $100.00
The operation of any construction equipment in connection with construction $250.00 during a prohibited period of time.
The operation of any powered or non-powered tool for domestic purpose other than snow removal during a prohibited period of time.
$250.00
The operation of a solid waste bulk lift or refuse compacting equipment during a prohibited period of time.
$400.00
The take-off or landing of a power assisted hang glider, parafoil or aircraft of any type during a prohibited period of time.
$400.00
The operation of a pit or quarry during a prohibited period of time.
$400.00
(Schedule 1) 6. (Schedule 1) 7. 6. a.
Yelling, shouting, hooting, whistling or singing during a prohibited period of time.
$250.00
The discharge of fireworks (except as permitted by the Municipality) during a $400.00 prohibited period of time. Obstruct an Officer
$500.00
Continued failure to remedy an order. $500.00 (AMP may be issued once in every seven-day period when compliance is not achieved by prescribed date) Administrative Penalty Fee – Failing to pay the AMP by the date on which it $ 50.00 is due. Administrative Penalty Fee – Failing to appear for a hearing before the $100.00 Hearings Officer. Screening Officer Appeal Fee $ 50.00 Hearing Officer Appeal Fee $200.00
This By-law will come into force and take effect on the date of its passing.
Given First and Second Readings: September 6, 2022 Given Third Reading signed and sealed September 6, 2022 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Exhibit B Page 152 of 239 By-law 2022-82
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-82 A BY-LAW TO AMEND BY-LAW 2015-41, A BY-LAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWNSHIP OF SOUTH FRONTENAC
WHEREAS Council desires to update By-law 2015-41; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2015-41, “A By-law to Prohibit and Regulate Noise Within the Township of South Frontenac”, is hereby amended as follows: Section 5. is amended by adding Clause 5.a. to read as follows: “5. a.
Every Person who contravenes any provision of this By-Law shall, upon issuance of a Penalty Notice in accordance with the By-Law to Impose Administrative Monetary Penalties On Violations Of Municipal By-Laws 2022-70, be liable to pay to the Township an Administrative Monetary Penalty in accordance with By-Law Number 2022-70.”
Section 6 is amended by adding Section 6.a. to read as follows: “6.a.
No person shall obstruct or hinder or attempt to obstruct or hinder a Provincial Offences Officer or other authorized employee or agent of the Township in the exercise of a power or the performance of a duty under this by-law. Without limiting the generality of the foregoing, for purposes of this By-law, any person who fails to provide proof of identification satisfactory to the Provincial Offences Officer when requested to do so by the Provincial Offences Officer is deemed to obstruct an Officer under this By-Law.”
This By-law will come into force and take effect on the date of its passing.
Given First and Second Readings: September 6, 2022 Given Third Reading signed and sealed September 6, 2022 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 153 of 239
To: Council Prepared by: Development Services Department Date of Meeting: September 6, 2022 Site Plan Control Application Subject: PL-SPC-2022-0036, R D Equipment & Rental Inc. Hartington Equipment, Road 38
Summary This report recommends that Council pass a by-law to approve a Site Plan Control agreement for PIN 36142-0089, Part of Lot 6, Concession 7, District of Portland, South Frontenac. By-law 2022-58 requires site plan control to ensure that the Township’s development standards will be met on the subject property.
Recommendation THAT By-law 2022-83 to authorize the Mayor and Clerk to enter into a Site Plan Agreement with the Owner, R D equipment & Rental Inc., for PIN 36142-0089, Part of Lot 6, Concession 7, District of Portland, South Frontenac that accommodates the proposed development, be passed.
Background The subject property is located on Road 38, just south of Hartington. The property is zoned Agriculture – Special Provision (A-2). The A-2 zone permits the construction of a farm implement dealer, including the sale and service of lawn and garden equipment. It also permits an agricultural equipment supply and repair outlet. The Owner proposes to construct a farm implement dealership, with associated sales and service of lawn and garden equipment on a 7.23 acre portion of the subject property. The remaining 22 acres of the subject property will remain in agricultural production. The land is currently vacant and is being prepared for construction. The portion of the site being developed will obtain direct access from Road 38. A commercial entrance will be installed to The owner is proposing to construct a new Kubota Dealership that would provide sales and service of implements and equipment to service the farm and rural community in the region. The proposed site plan would see a new sales and service building constructed with two large cover-all type buildings being placed at the rear of the property for storage of goods and implements. The site plan includes an area for outdoor display of equipment and www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 154 of 239 Township of South Frontenac Staff Report - Site Plan Control Application PL-SPC-2022-0036, R D Equipment & Rental Inc. Hartington Equipment, Road 38
parking for staff and customers. The development is serviced by a private well and sewage system. The site plan was considered complete prior to July 1, 2022 when Bill 109 amended the Planning Act to delegate authority on site plans to staff. As it was a complete application prior to July 1, 2022, Council retains the authority to make a decision on this site plan control application.
Discussion/Analysis The site plan drawing was reviewed by Planning Services, Building Services and Public Services staff with consideration for Zoning By-law No. 2003-75, the Ontario Building Code, and the Township’s Site Plan Control Guidelines. Staff are satisfied that the site plan drawing and agreement meet the requirements of the Agricultural Special Provision Zone, A-2, and general provisions (e.g. required number of parking spaces) of Zoning By-law No. 2003-75. The site is able to be serviced by a sewage system under Part 8 of the Ontario Building Code. It also satisfies the Township’s Site Plan Control Guidelines (e.g. grading, amenity space). Public Services staff reviewed the supporting traffic study and stormwater management report. Staff are satisfied that the site plan addresses recommendations of the traffic study and stormwater management report. The drainage outlet shall be constructed in accordance with the approved site plan. The Owners will be required to obtain an entrance permit from the Township and develop the entrance to commercial standards. Lighting will be directed away from Road 38 to avoid glare for passing motorists, as well as away from surrounding residential properties. Building staff are working with the applicant’s agents to classify the building under the Building Code. Building staff have no concerns with the site plan being approved – but note that depending on how the building is classified under the Ontario Building Code may impact the location of the proposed fire route around the dealership building. The site plan agreement acknowledged there may need to be an adjustment in location of the fire route, dependent on the outcome of Building Code Review. The agreement recognizes that the Director of Development Services (or their designate), in consultation with the Chief Building Official has the authority to amend the site plan to incorporate the new location of the fire route. The fire route will be signed in accordance with the requirements of the Ontario Building Code. The agreement also acknowledges that the Owner has applied for a consent application to establish a drainage easement over two adjacent properties south of the proposed www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 155 of 239 Township of South Frontenac Staff Report - Site Plan Control Application PL-SPC-2022-0036, R D Equipment & Rental Inc. Hartington Equipment, Road 38
dealership to provide a legal outlet for stormwater management drainage from the property. The application to establish the easement has been circulated to adjacent neighbours and agencies. No comments or objections have been received on that application. It is anticipated to be approved as a delegated consent application by staff. The agreement acknowledges that the easement must be legally registered on the title of these lands within 6 months of the occupancy permit being granted for the dealership building. The site plan agreement binds current and future owners of the subject property and will be registered on the title of the lands by the Township’s solicitor. The Owner has reviewed the site plan agreement and indicated their concurrence by signing the agreement. The Owner has provided the Township with the required security payment to staff.
Financial Implications Not applicable.
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): N/A
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation The site plan drawing was reviewed by Planning Services, Building Services and Public Services staff. Cataraqui Conservation staff were circulated this site plan and had no concerns or objections to the proposed development. No permits are required from Cataraqui Conservation for this proposed development.
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Page 156 of 239 Township of South Frontenac Staff Report - Site Plan Control Application PL-SPC-2022-0036, R D Equipment & Rental Inc. Hartington Equipment, Road 38
Attachments
- Site Plan Drawings
- Site Plan – Location of Easement
- Site Plan Agreement
- Site Plan By-law 2022-83
Approvals Report Prepared and submitted By:
Claire Dodds, MCIP, RPP Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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TOWNSHIP OF SOUTH FRONTENAC HARTINGTON KUBOTA DEALERSHIP
THE GREER GALLOWAY GROUP INC. ENGINEERS PLANNERS
Page 157 of 239
SITE DATA CHART Zoning Provision
Clause
Required
Provided
17.3.1
Total Lot Area
8000m²
28230m²
17.3.1
Minimum Frontage
76.0m
189.299m
17.3.1
Minimum Front Yard
20.0m
21.0m
17.3.1
Minimum Rear Yard
8.0m
53.5m
17.3.1
Minimum Exterior Side Yard
8.0m
N/A
17.3.1
Minimum Interior Side Yard
3.0m
61m
17.3.1
Lot Coverage
40%
12.71%
17.3.1
Building Height
11m
7.3m
Zoning Provisions for Accessory Buildings 17.3.2
Minimum Rear Yard
3m
9.1m
17.3.2
Minimum Interior Yard
3m
45.0m
17.3.2
Minimum Exterior Yard
8m
65.2m
17.3.2
Maximum Building Height
11m
7.3m
HARTINGTON EQUIPMENT LEGAL DESCRIPTION
PART OF LOT 6, CONCESSION 7 GEOGRAPHIC TOWNSHIP OF PORTLAND NOW IN THE MUNICIPALITY OF SOUTH FRONTENAC COUNTRY OF FRONTENAC
MUNICIPAL ADDRESS
5474 ROAD 38, HARROWSMITH, ON K0H 1V0
REGISTERED OWNERS
HARTINGTON EQUIPMENT
NUMBER OF STORIES
1 STOREY
FACING STREETS
ROAD 38
ZONING
RC
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GENERAL
- All works to be installed in accordance with current South Frontenac Township Guidelines, Ontario Building Code and, Ontario Provincial Standard Specifications and Drawings unless specified otherwise.
- Prior to construction, Contractor to verify all dimensions, sewer inverts and utility locates and identify possible conflicts.
- All environmental protection measures are the responsibility of the contractor.
- Any traffic signs or information signs removed/damaged during construction are to be replaced at the contractors costs.
- All utility poles to be braced as necessary.
- The location of utilities is approximate only, and the exact location should be determined by consulting the municipal authorities and utility companies concerned. The contractor shall prove the location of utilities and shall be responsible for adequate protection from damage during construction.
TRAFFIC CONTROL
- All traffic control/pedestrian signing as per OTM. GRADING
- Finished surfaces shall be at a minimum grade of 2% unless otherwise noted.
- Slopes in landscaped areas shall not exceed 3:1.
- All existing elevations and grades are to be verified by the contractor prior to grading
- Utilities are to be located prior to construction
- All ground surfaces shall be graded to prevent ponding and without low areas except where approved swale or catchbasin outlets are provided.
- The contractor is responsible for reviewing proposed grades with conflicts regarding the proposed structures.
- Sub-grade shall be graded at a minimum of 3%, until a lower ditch is encountered an existing surface that has postive drainage away from the roadway.
01 C3
‘TYPICAL’ EASEMENT DITCH DETAIL SCALE: N.T.S.
SITE WORKS
- Where in earth subgrade compacted granular depths to be 150 mm Granular A and 500mm Granular B. Provide 2% crossfall on subgrade.
- All disturbed areas to be remediated with 100 mm topsoil and seed as per OPSS 802 & OPSS 804. REMOVE & REINSTATE
- Driveway removals- limits to be marked in field with contract administrator at property line. The contractor is responsible for the disposal of all excess materials as per OPSS.MUNI 510 (NOV 2018). SEDIMENT AND EROSION CONTROL NOTES
- All erosion and sediment controls shall be installed prior to construction and monitored and maintained by the Contractor throughout the construction process, until all disturbed areas have been re-vegetated then the temporary sediment and erosion control measures must be removed once the site has been stabilized/completed of site works.
- All erosion and sediment control measures shall be inspected after prior to and after each rainfall to the satisfaction of the Contract Administrator.
- Any disturbed areas not scheduled for further construction within forty-five (45) days will be provided with a suitable temporary mulch and seed cover within seven (7) days of completion.
- Regardless of site specific items detailed on the plans, the Contractor shall install erosion control measures to suit the proposed work methods to control sediment from running off the site prior to any disturbance.
- Following construction, disturbed areas, as well as proposed grassed and vegetated surfaces, shall be reinstated as sooon as practical.
- All roads used to access the site shall be kept clean to the satisfaction of the Director of Public Works.
06 C3
04 C3 02 C3
03 C3
‘TYPICAL’ TREATMENT DITCH DETAIL SCALE: N.T.S.
GRAVEL LOT CONSTRUCTION DETAIL SCALE: N.T.S.
“TYPICAL” CULVERT CROSSECTION SCALE: N.T.S.
“EXAMPLE” BERM DETAIL SCALE: N.T.S.
05 C3
ASPHALT PARKING AND ENTRANCE CONSTRUCTION DETAIL SCALE: N.T.S.
ENVIRONMENTAL
While undertaking clearing, demolition, excavation or construction the contractor shall be vigilant for the potential presence of underground oil tanks, contaminated soil or groundwater, buried wastes or abandoned water wells. If any of the above are encountered or suspected, the owner shall ensure that: any wastes generated by site clean-ups are managed in accordance with applicable laws and standards.
Construction wastes are not to be buried within the property that is the subject of this agreement, and that the owner and their contractors report all spills to the ministry of the environment’s spills action center (1-800-268-6060) and to the township (613-376-0327) forthwith. SEWER
350
Sanitary laterals locations are approximate only (contractor to verify exact location). Bedding material shall be Granular ‘A’ and conform to requirements of OPSD 802. The minimum depth of cover shall normally be 1.5m. Services with less than 1.0 metres of cover are not permitted. Manhole and catch basin frames and covers to conform to CSA B70.1-03 All new storm manholes & catch basins to have a 300mm sump. All new sanitary manholes are to be factory benched. 100mm ø minimum size PVC material (must be labelled CAN/CSA-b182-2) or equivalent for single family homes. Multiple units will require design approval from the engineer. Coupling at connection point shall be to the manufacturer’s specifications and/or same material as pipe. Sewer laterals exceeding the length of 30 metres from the building to the sewermain require an additional clean out installed at the property line and capped off 0.6m below the finished grade. Sweeps to be installed. No bends or modifications will be approved. No sewer lateral service shall be located above the water service. Minimum slope for the building sewer lateral is 1%. Bell end of pipe shall be upstream towards building. Backfilling of service trench shall be of material which does not contain rocks or boulders of 150mm or larger in one direction, and be free of organic material. OGS will be installed for the floor drain located within the warehouse area of the proposed building. All sanitary laterals shall be in compliance with loyalist standard drawing w-11.
350
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A
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-83 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE DOCUMENTS TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND R D EQUIPMENT & RENTAL INC. WHEREAS a Site Plan and Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac, in accordance with by-law 202258; 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 R D Equipment & Rental Inc., 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 PIN 361420089, Part of Lot 6, Concession 7, District of Portland, Township of South Frontenac, County of Frontenac
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 6th day of September, 2022. Read a first and second time this 6th day of September, 2022. Read a third time and finally passed this 6th day of September, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 177 of 239
To: Council Prepared by: Development Services Department Date of Meeting: September 6, 2022 Subject:
Zoning By-law Amendment Application PL-ZBA-2022-0096, Battersea Road (102906003011515)
Summary This report recommends that Council pass a by-law to change the zone on the subject property to permit a single detached dwelling with a minimum 37 metre front yard setback.
Recommendation THAT By-law 2022-84 to amend the zoning on lands known as Part 2 on Reference Plan 13R9022, Part Lot 39, Concession 7, District of Storrington, Township of South Frontenac be passed.
Background Council held a virtual public meeting under the Planning Act on August 9, 2022, on the proposed amendment to Zoning By-law 2003-75. This application is being brought forward to Council for a decision.
Discussion/Analysis Summary of Application The subject property is near two active quarries. The Zoning By-law does not allow new houses within 300 metres of a quarry. The purpose of the by-law is to permit a house on the property, approximately 67 metres from the nearest quarry. The zone on the property would change from Rural (RU) to Rural - Special Provision (RU-67) to establish a minimum 37 metre front yard setback for any dwelling. This is equivalent to being setback 67 metres from the nearest quarry, which is the quarry immediately to the south. The effect of the bylaw is to allow a building permit to be issued for a house on the property.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 178 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0096, Battersea Road (102906003011515)
Property Description The subject property is located on Battersea Road between McGarvey Road and Bear Creek Road. The property is 0.4 hectares (1 acre) in area and has approximately 45 metres of road frontage. There are developed, residential lots to the west and to the east of the property. There is a quarry immediately across from the property on the south side of Battersea Road. There are also quarries to the north and to the southeast. The subject lands are slightly lower in elevation than Battersea Road. Approximately half the property is a lawn. The other half is a wide area of trees and tall shrubs beside the road. Related Applications The subject property is not subject to any other applications under the Planning Act. Supporting Documentation – Mineral Aggregate Land Use Compatibility Report A Mineral Aggregate Land Use Compatibility Report (Pro-Inspect, July 11, 2022) was submitted in support of the rezoning application. The report is available for review in the Township’s Civic Web Document Centre (https://southfrontenac.civicweb.net/filepro/documents/87266/). The Report assessed the compatibility of the proposed dwelling with the existing mineral aggregate operations in the surrounding area. The Report also assessed the proposal’s conformity with the applicable policy and regulatory framework. The subject property was created more than 30 years ago for residential use. The Mulrooney Quarry, immediately south of the property, was in operation at that time. It was identified that this crushed stone quarry operation is nearing depletion and that there is up to three years of reserves remaining. The current excavation is 8 metres deep. The depth of the excavation minimizes noise and dust from the crushing/screening plant on the quarry floor. Any blasting must meet Provincial guidelines for noise and vibration. Rehabilitation by backfilling is underway at the north end of the excavation area, nearest the subject property. The Rideauview Contracts Quarry is a building stone quarry located southeast of the subject property. This quarry was licensed under the Aggregate Resources Act (ARA) in 2011 (e.g. 11 years ago). There would have been consideration for the subject property through the licensing process. A building stone quarry is less impactful than a crushed stone operation as the use of mechanical equipment is limited, there is no drilling or blasting and no processing in the form of crushing or screening.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 179 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0096, Battersea Road (102906003011515)
The Report included letters of support from the operators of the two mineral aggregate operations. The Report concluded that rezoning the subject property to allow a residential use would not result in any incompatibility with the mineral aggregate operations that would not be addressed through the ARA licenses, and the operation characteristics and control that currently exist. Department and Agency Comments Public Services confirmed that the property can be safely accessed at the present driveway location. They noted that noise and dust can be an issue for residential uses near quarries. Public Comments A virtual public meeting was held under the Planning Act on August 9, 2022. No members of the public spoke to this application at the meeting, and no comments have been received to date. The Mayor and several Councilors spoke in favour of the application. Planning Analysis The proposed zoning by-law amendment was assessed against the applicable policies of the Provincial Policy Statement 2020 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The PPS requires mineral aggregate resources to be protected for long-term use (section 2.5). The PPS also requires mineral aggregate operations to be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. The County Official Plan contains policies that are consistent with the PPS. Local official plans are required to identify mineral aggregate resources, protect them from incompatible uses so their future use is ensured and establish buffer areas where incompatible development is not permitted. The Township Official Plan recognizes the concept of an influence area as a means of protecting mineral aggregates and existing quarries from incompatible land uses. For this reason, the Official Plan prohibits residential land uses within 300 metres of an existing or proposed quarry and may prevent other incompatible land uses within this area as well as within a further 200 metre influence area. The Zoning By-law implements this policy by prohibiting residential land uses (houses) within 300 metres of an existing or proposed www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 180 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0096, Battersea Road (102906003011515)
quarry. The subject property is not within an identified mineral aggregate resource reserve. However, it is within 300 metres of two existing quarries. The Official Plan and Zoning By-law do not provide exceptions from this requirement for vacant properties that were created before the Official Plan was adopted. A building permit cannot be issued for a building that would be in violation of the Zoning By-law. A zoning bylaw amendment is required to allow a house to be constructed on the subject property closer than 300 metres to the nearest quarry. It was determined that an Official Plan Amendment was not required as numbers in the Official Plan are not fixed or rigid. The zoning by-law amendment was determined to meet the general intent of the Official Plan. The Mineral Aggregate Land Use Compatibility Report (Pro-Inspect, July 11, 2022) highlighted that the Township’s prohibition on residential land uses within 300 metres of an existing quarry is not a universal practice across Eastern Ontario municipalities. The influence area concept is commonly accepted not as a strict setback area in which development is prohibited, but rather an area where impacts may occur, and that development may occur subject to a technical assessment. Typically, municipalities also do not prohibit the development of residential uses on lots of record. In addition, the Aggregate Resources Act applies an influence area concept for development and does not require strict setback areas. The Mineral Aggregate Land Use Compatibility Report demonstrated that the proposed dwelling on the subject property should not be impacted by the existing quarries, and that the quarries should not be impacted by the dwelling. The consultant’s conclusion was based on their knowledge of both the quarry operations and the regulatory framework under which they operation. The letters of support from the quarry operators also indicate that a dwelling on this property should not impact the quarry operations, and that the quarries should not impact the dwelling. The by-law will permit a single detached dwelling with a minimum 37 metre front yard setback on the property. This measurement was based on the submitted plot plan. A 37 metre front yard is equivalent to 67 metres from the nearest quarry, which is the quarry to the south. The dwelling on the property would be generally in line with the dwelling to the east. It will be farther from the road than the dwelling to the west but separated from that dwelling by more than 30 metres. A building permit can be issued for a dwelling after the by-law is passed by Council and if no appeals are received before the 20-day appeal period ends. Township staff note that maintaining the existing vegetated buffer between the dwelling and the road would help to mitigate noise and dust impacts from the quarry operations. It is the opinion of staff that the proposed zoning by-law amendment is consistent and conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan,
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 181 of 239 Township of South Frontenac Staff Report - PL-ZBA-2022-0096, Battersea Road (102906003011515)
and the South Frontenac Official Plan, and represents good planning for the subject property.
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.
Climate Considerations ☒ Not applicable to this report.
Notice/Consultation Council held a virtual public meeting under the Planning Act on August 9, 2022.
Attachments
- By-law 2022-84
- Location Map
Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Claire Dodds, MCIP, RPP, Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 182 of 239
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-84 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO RURAL – SPECIAL PROVISION (RU-67) ON LANDS DESCRIBED AS PART 2 ON REFERENCE PLAN 13R9022, PART LOT 39, CONCESSION 7, DISTRICT OF STORRINGTON WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “C” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-67) for the lands shown on Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended is hereby further amended by adding a new section RU-67 (Part 2 on Reference Plan 13R9022, Part Lot 39, Concession 7, District of Storrington) immediately after the last Rural – Special Provision section to read as follows: RU-67 (Part 2 on Reference Plan 13R9022, Part Lot 39, Concession 7, District of Storrington) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-67), the following provisions apply to any dwelling: •
Front Yard (Minimum)
37 Metres (121 ft.)
All other provisions of this by-law shall apply. 3.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this 6th day of September, 2022. Read a first and second time this 6th day of September, 2022. Read a third time and finally passed this 6th day of September, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 183 of 239 Schedule 1 This is Schedule “1” to By-law No. 2022-84.
Passed this 6th day of September, 2022
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Attachment 1. Location Map
Legend Authorized Aggregate Site - Active Sand and Gravel Primary Secondary Tertiary
Road Highway Major Road Secondary Road Ferry Route
Assessment Parcels City of Kingston
0.9
0
0.46
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
0.9 Kilometers
Notes PL-ZBA-2022-0096
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
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1: 18,056
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To: Council Prepared by: Office of the Clerk Date of Meeting: September 6, 2022 Subject: Compliance Audit Committee – 2022 Municipal Elections
Summary Council is asked to support the appointment of representatives of South Frontenac to the Joint Frontenac Compliance Audit Committee for the purposes of the 2022 Municipal Election and pass By-law 2022-85.
Recommendation That Council appoint Pat Player as the South Frontenac representative to the Joint Frontenac Compliance Audit Committee for the purposes of the 2022 Municipal Election, And that By-law 2022-85, being a by-law to establish the 2022 Election Joint Compliance Audit Committee for the Townships of Central Frontenac, Frontenac Islands, North Frontenac and South Frontenac and the Limestone District School Board be supported.
Background In accordance with Section 88.37 (1) of the Municipal Elections Act, 1996, all municipal Councils shall establish a Compliance Audit Committee before October 1 of an election year to consider compliance audit requests. As per Section 88.33(1), if an eligible elector has reasonable grounds to believe that a Candidate who ran for office has contravened the Municipal Elections Act with respect to municipal campaign finances, the elector may apply to have an audit of the Candidate’s campaign finances. As per Section 88.35(1), if an eligible elector has reasonable grounds to believe that a Registered Third Party has contravened the Municipal Elections Act with respect to municipal campaign finances, the elector may apply to have an audit of the Registered Third Party’s campaign finances in relation to third party advertisements. Per Sections 88.33(2) and 88.35(2), an application for a compliance audit shall be made to the Clerk of the municipality in which the registered third party was registered, it shall be made in writing and shall set out the reasons for the elector’s belief.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 186 of 239 Township of South Frontenac Staff Report - Compliance Audit Committee – 2022 Municipal Elections
Per Section, 88.37(2), the Committee shall be composed of not fewer than three and not more than seven members. Municipal employees or officers of the municipality, members of Council or local board; any Candidates; or any persons who are Registered Third Parties in the 2022 Municipal election, are ineligible to be appointed as a member of the Committee. In considering members to be appointed to the Committee, the Clerk’s group looked for members from the following groups: a. Accounting and audit – accountants or auditors with experience in preparing or auditing the financial statements of municipal candidates. b. Legal. c. Professionals who in the course of their duties are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals; and/or d. Other individuals with knowledge of the campaign financing rules of the Municipal Elections Act, 1996. Ideal candidates would be familiar with legal, municipal, election and finance matters, specifically the requirement of the Municipal Elections Act, 1996 regarding election financing. It should be noted that Craig Young, Superintendent of Business and Treasurer for the Limestone District School Board has requested on behalf of the Board to join the Frontenac’s Compliance Audit Committee. They have acknowledged that there may be expenses associated with forming and utilizing the committee and are prepared to share those expenses. It is anticipated that there is no issue with any of the other Frontenac Township’s to include the Board at this time and for this Council term. The Committee will be comprised of three (3) voting members, with one (1) alternate member to assume all rights and privileges of a voting member if called upon. The alternate member will be called upon to replace a member of the Committee who has resigned or if a voting member is unavailable to hear the Application. The following individuals were requested to be members due to their expertise and have agreed to sit on the Joint Committee:
- Stephen Duggan
- Wayne Robinson
- Pat Player
- Sam Arraj (alternate) The Clerk of the Township which receives the Application shall act as the Secretary to the Committee. As per Section 88.37(6), the Clerk of the Municipality shall establish administrative practices and procedures for the Committee and shall carry out any other duties required under the Municipal Election Act to implement the Committee’s decisions. This will be the responsibility of the Clerk who receives the Application. An Appointing By-law, including Terms of Reference has been attached for Council’s consideration (Attachment #1). www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 187 of 239 Township of South Frontenac Staff Report - Compliance Audit Committee – 2022 Municipal Elections
Discussion/Analysis Similar to the 2018 Municipal Election, the Clerk’s of Frontenac County have met several times to prepare for the upcoming election. The purpose of this Joint Compliance Audit Committee is to review campaign finance concerns raised by an elector. While intended to respond to major concerns that tend to develop in the larger municipalities, South Frontenac is required to establish a committee before October 1. The workload of this committee is unpredictable and therefore it is difficult to find skilled and interested candidates. In a continued collaborative approach, the Clerk’s are once again recommending a Joint Compliance Audit Committee with balanced representation. Pat Player was the representative appointed to this committee for the current term of Council (ending November 14, 2022). Staff have reached out to Ms. Player about this role for the next term of Council and she has confirmed that she is willing to let her name stand for this appointment. Ms. Player is the owner of Accounted IV in Hartington and has operated this business for many years.
Financial Implications To be determined based on the issues that may be brought forward.
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.
Climate Considerations ☒ Not applicable to this report.
Notice/Consultation
Other Frontenac Clerks Craig Young, LDSB
Attachments By-law 2022-85
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 188 of 239 Township of South Frontenac Staff Report - Compliance Audit Committee – 2022 Municipal Elections
Approvals Submitted By:
Angela Maddocks Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 189 of 239
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-85 BEING A BY-LAW TO ESTABLISH THE 2022 ELECTION JOINT COMPLIANCE AUDIT COMMITTEE FOR THE TOWNSHIPS OF SOUTH FRONTENAC, CENTRAL FRONTENAC, NORTH FRONTENAC AND FRONTENAC ISLANDS AND LIMESTONE DISTRICT SCHOOL BOARD Whereas the Municipal Elections Act, 1996, S.O. 1996, c. 32, Section 88.37(1) as amended, requires municipalities to establish a Compliance Audit Committee; And Whereas the Townships of South Frontenac, Central Frontenac, North Frontenac and Frontenac Islands and the Limestone District School Board deem it expedient to establish a Joint Compliance Audit Committee; Therefore Be It Resolved That the Council of the Corporation of the Township of Soutth Frontenac deems it expedient to enact as follows:
- That the Township of South Frontenac, Township of Central Frontenac, Township of North Frontenac and Township of Frontenac Island, Limestone District School Board - 2022 Election Joint Compliance Audit Committee be established for the period November 15, 2022 to November 14, 2026;
- That the Terms of Reference for the Committee, attached hereto as Schedule “A” shall form part of this By-law;
- That the following persons be appointed to the Committee; (i) Stephen Duggan (ii) Pat Player (iii) Wayne Robinson (iv) Sam Arraj
- That should the appointment of an alternate member(s) be required (in the absence of two or more of the aforementioned appointees) such an appointment(s) may be made by Resolution by all participating municipalities;
- That all resolutions, by-laws or parts of by-laws, which are contrary to or inconsistent with this by-law, are hereby repealed;
- That the provisions of this by-law shall come into force and take effect upon the passing thereof. Read a first and second time this 6th day of September, 2022 Read a third time, signed and sealed this 6th day of September, 2022
CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 190 of 239
Schedule ‘A’ to By-law 2022-85 Township of South Frontenac, Township of Central Frontenac, Township of North Frontenac and Frontenac Islands and Limestone District School Board 2022 Joint Compliance Audit Committee Terms of Reference
- Name The Name of the Committee is the “Township of Frontenac Islands, South Frontenac, Central Frontenac and North Frontenac and Limestone District School Board - Joint 2022 Election Compliance Audit Committee (Committee)”.
- Background The Municipal Elections Act, 1996, as amended requires Council to establish a Compliance Audit Committee to consider Applications and reports with respect to Candidate campaign finances or Registered Third Party campaign finances for the Municipal Election.
- Mandate The powers and functions of the Committee are set out in Sections 88.33 to 88.37 of the Municipal Elections Act, 1996, as amended. The Committee will perform the functions relating to the Compliance Audit Application process as outlined in the Act. These functions include: Candidate Contravention a) Within 30 days of receiving a Compliance Audit Application, consider the Application and decide whether it should be granted or rejected. b) A copy of the decision including the reasons for the decision shall be provided to the Candidate, the Clerk, the Secretary of the Board (if applicable) and the Applicant. a. If the Application is granted, appoint a licensed Auditor. b. Receive the Auditor’s report. c. Within 30 days receipt of the Auditor’s report, consider the report. d. If the report concludes that the Candidate appears to have contravened a provision of the Act relating to election campaign finances, the Committee shall determine whether to commence legal proceedings against the Candidate for the apparent contravention. e. A copy of the decision, including the reasons for the decision, shall be provided to the Candidate, the Clerk, and the Applicant. Candidate Contributor Contravention a. Within 30 days of receiving a report identifying each contributor to a Candidate(s) for office on a Council who appears to have contravened any of the contribution limits, consider the report and
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decide whether to commence a legal proceeding against the contributor for an apparent contravention. b. A copy of the decision, including the reasons for the decision, shall be provided to the contributor and the Clerk. Registered Third Party Contravention a. Within 30 days of receiving a Compliance Audit Application, consider the Application and decide whether it should be granted or rejected. b. A copy of the decision including the reasons for the decision shall be provided to the Registered Third Party, the Clerk, the Secretary of the Board (if applicable) and the Applicant. c. If the Application is granted, appoint a licensed Auditor to conduct a Compliance Audit of the Registered Third Party’s campaign finances. d. Receive the Auditor’s report from the Clerk. e. Within 30 days receipt of the Auditor’s report, consider the report. f. If the report concludes that the Registered Third Party appears to have contravened a provision of the Act relating to election campaign finances, the Committee shall determine whether to commence legal proceedings against the Registered Third Party for the apparent contravention. g. After reviewing the Auditor’s report, give to the Registered Third Party, the Clerk, and the Applicant the decision of the Committee and brief written reasons for the decision. Registered Third Party Contributor Contravention a. Within 30 days of receiving a report identifying each contributor to a registered third party who appears to have contravened any of the contribution limits, consider the report and decide whether to commence a legal proceeding against the contributor for an apparent contravention. b. A copy of the decision, including the reasons for the decision shall be provided to the contributor and the Clerk. 4. Auditor Selection If the Committee decides to grant the Application, it shall appoint an Auditor licensed under the Public Accounting Act, 2004 to conduct a Compliance Audit of the Candidate’s or Registered Third Party’s election campaign finances. The selection process will be coordinated through the Clerk of the respective Municipality. 5. Membership
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The Committee will be composed of three (3) voting members, with one (1) alternate member that would assume all rights and privileges of a voting member if called upon. Alternate members will be called upon to replace a voting member that has resigned from the Committee or if a voting member is unavailable to consider the Application. The composition of the Committee will be based on the Municipality with the Compliance Audit request. Membership will be drawn from the following groups: a. Accounting and audit – Accountants or Auditors with experience in preparing or auditing the financial statements of municipal Candidates. b. Legal. c. Professionals who in the course of their duties are required to adhere to codes or standards of their profession which may be enforced by disciplinary tribunals; and/or d. Other individuals with knowledge of the campaign financing rules of the Municipal Elections Act, 1996 Municipal employees or officers of the Municipality, members of Council or the local board; any Candidates or any persons who are Registered Third Parties in the 2022 Municipal Election or in any by-election during the term of Council for any member Municipality, are ineligible to be appointed as a member of the Committee pursuant to subsection 88.37 (2) of the Municipal Elections Act, 1996. If an application is received, Members will be required to participate in an orientation session with the applicable Township Clerk prior to reviewing the Application. 6. Conflict of Interest The principles of the Municipal Conflict of Interest Act, apply to this Committee. Failure to adhere to this requirement will result in the individual being removed from the Committee. To avoid a conflict, any person appointed to the Committee must agree in writing not to prepare or audit the election financial statements of any Candidate or Registered Third Party for office for any of the member municipalities in the 2022 Municipal Election. Failure to adhere to this requirement will result in the individual being removed from the Committee. 7. Chair The Committee will select a Chair from amongst its members at its first meeting when a Compliance Audit Application is received. The Chair is the liaison between the members and the Secretary of the Committee on matters of policy and process.
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The Chair shall enforce the observance of order and decorum among the Committee members and the public at all meetings. When the Chair is absent, the Committee may appoint another member as an Acting Chair. While presiding, the Acting Chair shall have all the powers of the Chair. 8. Staffing and Funding The Clerk and/or designate from the applicable member Municipality shall function as Secretary to the Committee. The member Municipality requiring the services of the Committee shall be responsible for all associated expenses. Remuneration for the Committee Member(s) will be in line with the respective Municipality’s Council Resolution regarding per diem and mileage for Committees. 9. Meetings Per Section 88.33(5.1) The meetings of the Committee under this section shall be open to the public, but the Committee may deliberate in private through a Closed Session at a Committee meeting. Timing of Meeting Meetings shall be called by the Clerk of the member Municipality when required. The date and time of the meeting will be determined by the Clerk and communicated directly to the Committee members. Subsequent meetings will be held at the call of the Chair in consultation with the Clerk. All time frames established in the Municipal Elections Act, 1996 and Regulations shall be adhered to. Committee activity shall be determined primarily by the number and complexity of Applications for Compliance Audits that may be received. The frequency and duration of meetings will be determined by the Committee in consultation with the Clerk. Meeting Location The Committee shall meet at the location determined by the Clerk of the member Municipality. Meeting Notices, Agendas and Minutes The agenda shall constitute notice. The Clerk of the member Municipality requiring the services of the Committee shall cause notice of the meeting(s) to be provided to members of the Committee a minimum of three (3) business days prior to the date of each meeting, not including weekends or holidays.
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Notice of the meeting shall be provided to:
For Application by Elector for Candidate Contravention - Members of the Committee, Candidate, and the Public. For Candidate Contribution Contravention Report - Members of the Committee, Contributor, Candidate, and the Public. For Application by Elector for Registered Third Party Contravention – Members of the Committee, Registered Third Party, and the Public. For Registered Third Party Contravention Report - Members of the Committee, Contributor, Registered Third Party, and the Public.
The agendas of meetings shall be posted on the member Municipality’s website a minimum of two (2) business days prior to each meeting. Minutes of each meeting shall outline the general deliberations and specific actions and recommendations that result. The Minutes of meetings shall be posted on the member Municipality’s website within two (2) business days of being approved at a Meeting by the Committee. At the final meeting of the Committee, a Motion will be introduced to adopt the Minutes of that meeting as read aloud by the Clerk. At this time, the Clerk will read the Motions passed during this meeting aloud.
Agenda Format
- Call to Order
- Disclosure of Pecuniary Interest and General Nature Thereof
- Consideration of Compliance Audit Application or Auditor’s Report
- Adjournment Quorum Quorum for meetings shall consist of a majority of the members of the Committee. If no quorum is present after thirty (30) minutes after the time appointed for the meeting, the Clerk shall record the names of the member present and the meeting shall stand adjourned until the date of the next meeting. Meeting Attendance Any member of the Committee, who misses three (3) consecutive meetings, without being excused by the Committee, may be removed from the Committee. The Committee must make recommendations, by a report to Council for the removal of any member.
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Motions & Voting A Motion shall only need to be formally moved before the Chair can put the question or a Motion can be recorded in the minutes. A Motion shall be written by the Secretary and shall be signed by the Chair. Every Member present shall be deemed to vote against the Motion if they decline or abstain from voting, unless disqualified from voting by reason of a declared pecuniary interest. In the case of a tie vote, the Motion shall be considered to have been lost. The manner of determining the vote on a Motion shall be by a show of hands. The Chair shall announce the result of every vote. 10. Administrative Practices The Terms of Reference constitute the Administrative Practices and Procedures of the Committee. Any responsibilities not clearly identified within these Terms of Reference shall be in accordance with Section 88.33 to 88.37 of the Municipal Elections Act, 1996. The Clerk at any time has the right to develop additional administrative practices and procedures.
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To: Council Prepared by: Office of the Clerk Date of Meeting: September 6, 2022 Subject: Amendments to Dog Control By-law - Order to Muzzle Summary The purpose of the report is to provide Council with information regarding proposed amendments to the Dog Control By-law (By-law 2001-66) to permit an animal control officer to issue an order to muzzle in prescribed situations. Recommendation That Council recommend as follows: a) That By-law 2022-86 attached as Exhibit A, being ‘A By-law to Amend By-law 200166, ‘A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac’, be given first and second reading. b) That By-law 2022-86 attached as Exhibit A, being ‘A By-law to Amend By-law 200166, ‘A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac’, be given third reading, signed and sealed. Background On November 20, 2001, Council enacted By-law 2001-66. Subsequently, the Dog Control By-law was amended via By-law 2013-73 and By-law 2018-53. In its current form, the Bylaw outlines dog licensing requirements, prohibits dogs running at large or nuisance behavior, specifies rules related to the Centennial Park off-leash dog park as well as defines enforcement practices and penalties. Discussion/Analysis Frontenac Municipal Law Enforcement approached the Township of South Frontenac to request that the Dog Control By-law be amended to include provisions which would permit an animal control officer to require a vicious dog be muzzled and securely confined in specific situations. It is proposed that the By-law would define a vicious dog as a dog that has bitten or attempted to bite a person or other animal, attacked a person or other animal, or that has www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 197 of 239 Township of South Frontenac Staff Report - Amendments to Dog Control By-law - Order to Muzzle
demonstrated a propensity, tendency or disposition to do so. Additionally, the By-law would define a muzzle as a humane fastening or covering device over the mouth of a dog that is of adequate strength to prevent it from biting. An order to muzzle is an enforcement tool utilized by enforcement bodies across the province of Ontario to address situations related to dangerous (vicious) dogs. To preserve procedural justice, staff have recommended that the By-law define the Director of Corporate Services as the position responsible for the administration of an appeal process rather than the Clerk as the Clerk’s Department is directly involved with the administration of by-law enforcement. Summary of Amendments to the Dog Control By-law (Exhibit A) By-law 2022-86 attached to the Report as Exhibit A outlines amendments to the Dog Control By-law (By-law 2001-66) required to permit an animal control officer to issue an order to muzzle. It is inherent to note that no additional amendments to By-law 2011-66 are proposed at this time. a)
Amendments to Definition Section of the Dog Control By-law
It is recommended that the Definition Section of By-law 2001-66 be amended to include the following terms:
b)
j)
“MUZZLE” shall mean to place a humane fastening or covering device over the mouth of a dog that is of adequate strength to prevent it from biting; and
k)
“VICIOUS DOG” shall mean a dog that has bitten or attempted to bite a person or other animal, attacked a person or other animal, or that has demonstrated a propensity, tendency or disposition to do so.
Amendments to Section 4 of the Dog Control By-law
Additionally, it is recommended that Section 4 of By-law 2001-66 be amended to include the clause p), q) and r) to read as follows: p)
No owner, possessor or harbourer of a Vicious Dog shall permit the Vicious Dog to be on any streets or in any public place or any other place that is not owned or controlled by that person unless the dog is muzzled to prevent it from biting another animal or human.
q)
Every owner, possessor or harbourer of a Vicious Dog shall, at all times while the Vicious Dog is on the premises owned or controlled by such person, keep the dog securely confined either indoors or in an enclosed pen or other
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 198 of 239 Township of South Frontenac Staff Report - Amendments to Dog Control By-law - Order to Muzzle
structure capable of preventing the entry of any children and adequately constructed to prevent the dog from escaping. r)
c)
Every owner, possessor or harbourer of a Vicious Dog must notify the Clerk of the Township of South Frontenac within forty-eight hours after the ownership of the dog is transferred to another person or municipality, any changes to the residency of the dog or should the dog be destroyed or dies of natural causes.
Amendments to Section 6 of the Dog Control By-law
Furthermore, it is recommended that Section 6 of By-law 2001-66 be amended to include the clause c), d) e) and f) to read as follows: c)
An Animal Control Officer may issue an Order to Muzzle to an owner whose dog is alleged to have bitten or attacked a person or animal, or that has demonstrated a propensity, tendency or disposition to do so, requiring the owner to muzzle the dog. Upon issuance of an Order to Muzzle the dog is deemed a vicious dog as per the By-law.
d)
An owner may appeal an Order to Muzzle his or her dog to the Director of Corporate Services but an appeal shall not act as a stay of the muzzling order. On an appeal under this Sub-section, the Director of Corporate Services shall hear the evidence and submissions of the owner and all relevant witnesses as determined in the sole discretion of the Director, and may uphold, modify or revoke the Order to Muzzle.
e)
Where a proceeding has been commenced by the Township under the Dog Owner’s Liability Act against an owner whose dog is alleged to have bitten or attacked a person or domestic animal, the owner shall be required to muzzle the dog until a determination of the matter has been made by the court.
f)
Where a dog is declared a Vicious Dog, the animal control officer shall deliver or send by registered mail an Order to Muzzle to the owner of the vicious dog requiring that the dog be muzzled and restrained pursuant to the provisions of this By-law. Such notice that has been served by registered mail shall be deemed to have been received by the person to whom it is addressed on the third day after the day it is mailed.
Staff are recommending that the proposed amendments to By-law 2001-66 be approved. Providing Frontenac Municipal Law Enforcement with the ability to issue an order to muzzle will assist in preventing or limiting situations where humans and/or animals are facing harm or have been harmed from a dangerous (vicious) dog. Financial Implications None
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 199 of 239 Township of South Frontenac Staff Report - Amendments to Dog Control By-law - Order to Muzzle
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.
Climate Considerations ☒ Not applicable to this report. Notice/Consultation
Director of Corporate Services Frontenac Municipal Law Enforcement Municipal Solicitor
Attachments Exhibit A – By-law 2022-86 - A By-Law To Amend By-Law 2001-66, ‘A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac’ Approvals Prepared by James Thompson, Deputy Clerk Submitted By:
Angela Maddocks Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Exhibit A Page 200 of 239 By-law 2022-86
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-86 A BY-LAW TO AMEND BY-LAW 2001-66, ‘A BY-LAW TO LICENSE DOGS, AND FOR REGULATING THE RUNNING AT LARGE OF DOGS WITHIN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC’
WHEREAS Council desires to update By-law 2001-66; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2001-66, “A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac”, is hereby amended as follows: Definitions is amended to include the following terms and read as follows: j)
“MUZZLE” shall mean to place a humane fastening or covering device over the mouth of a dog that is of adequate strength to prevent it from biting, and “muzzled” has corresponding meanings; and
k) “VICIOUS DOG” shall mean a dog that has bitten or attempted to bite a person or other animal, attacked a person or other animal, or that has demonstrated a propensity, tendency or disposition to do so.; Section 4 is amended by adding Sections 4 p), q) and r) to read as follows: “4. p)
No owner, possessor or harbourer of a Vicious Dog shall permit the Vicious Dog to be on any streets or in any public place or any other place that is not owned or controlled by that person unless the dog is muzzled to prevent it from biting another animal or human.
q)
Every owner, possessor or harbourer of a Vicious Dog shall, at all times while the Vicious Dog is on the premises owned or controlled by such person, keep the dog securely confined either indoors or in an enclosed pen or other structure capable of preventing the entry of any children and adequately constructed to prevent the dog from escaping.
r)
Every owner, possessor or harbourer of a Vicious Dog must notify the Clerk of the Township of South Frontenac within forty-eight hours after the ownership of the dog is transferred to another person or municipality, any changes to the residency of the dog or should the dog be destroyed or dies of natural causes.”
Exhibit A Page 201 of 239 By-law 2022-86
Section 6 is amended by adding Sections 6 c), d), e) and f) to read as follows: “6. c)
An Animal Control Officer may issue an Order to Muzzle to an owner whose dog is alleged to have bitten or attacked a person or animal, or that has demonstrated a propensity, tendency or disposition to do so, requiring the owner to muzzle the dog. Upon issuance of an Order to Muzzle the dog is deemed a vicious dog as per the By-law.
d)
An owner may appeal an Order to Muzzle his or her dog to the Director of Corporate Services but an appeal shall not act as a stay of the muzzling order. On an appeal under this Sub-section, the Director of Corporate Services shall hear the evidence and submissions of the owner and all relevant witnesses as determined in the sole discretion of the Director, and may uphold, modify or revoke the Order to Muzzle.
e)
Where a proceeding has been commenced by the Township under the Dog Owner’s Liability Act against an owner whose dog is alleged to have bitten or attacked a person or domestic animal, the owner shall be required to muzzle the dog until a determination of the matter has been made by the court.
f)
Where a dog is declared a Vicious Dog, the animal control officer shall deliver or send by registered mail an Order to Muzzle to the owner of the vicious dog requiring that the dog be muzzled and restrained pursuant to the provisions of this By-law. Such notice that has been served by registered mail shall be deemed to have been received by the person to whom it is addressed on the third day after the day it is mailed.
This By-law will come into force and take effect on the date of its passing.
Given First and Second Readings: September 6, 2022 Given Third Reading signed and sealed September 6, 2022 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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To: Council Prepared by: Corporate Services Department Date of Meeting: September 6, 2022 Subject: Investment Update
Summary The report provides an investment update to June 30, 2022.
Recommendation This report is for information only.
Background Legislative Requirements Ontario Regulation 373/11 requires a municipality to report to Council at least annually if it has invested in securities prescribed under the Regulation. The main requirements of the annual report are outlined below: • • •
A statement of performance of the portfolio in the period covered in the report. Details of the proportion of total investments held in the municipality’s own securities. A statement by the Treasurer that investments made were consistent with the Township’s investment policy. Under the Township’s policy, we have established reporting to Council twice a year.
Investment Policy The Township’s Investment Policy specifies the types of investments the Township can make to balance the optimal utilization of cash resources while balancing the need to maintain liquidity and reduce risk. The basic objectives of the investment policy are, in order of priority, as follows: a) Security of principal; b) Liquidity requirements; c) Rate of return;
Discussion/Analysis The market has seen fluctuations in 2022 partly due to COVID-19 and other external factors. As of July, staff have started to see markets to adjust showing positive increases. Staff have been working with the Investment team at Wood Gundy as well as with the Township’s Bank in order to improve earnings returns before the end of 2022.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 203 of 239 Township of South Frontenac Staff Report - Investment Update
Financial Implications As of June 30th, the net change in investment value for 2022 was -$512,779.65 compared to an estimated RBC interest calculation of $89,231.68. Overall, to date, since the original investment, our investments have had a net increase of $865,826.51 compared to interest that would have been earned our bank account at $605,861.13. A difference of + $259,965.38.
Relationship to Strategic Plans ☒ Not applicable to this report.
Climate Considerations ☒ Not applicable to this report.
Notice/Consultation
Louise Fragnito, Chief Administrative Officer
Attachments •
Investments as of June 30th, 2022
Approvals Prepared By:
Kyle Griese Financial Analyst Submitted By:
Shelley Stedall Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Year 2022 only
Equity HISA JJM Total
Deposit Amended July 2018 893,750.00 0.00 4,764,250.00 5,658,000.00
Deposit Deposit Deposit Amended Amended Amended Jan-19 May-20 Jun-21 893,750.00 893,750.00 893,750.00 5,000,000.00 0.00 0.00 4,764,250.00 14,044,700.00 13,135,471.49 10,658,000.00 14,938,450.00 14,029,221.49
Interest 0.00 3.78 256,274.40 256,278.18
Market Value Adj -204,995.43 0.00 -564,062.40 -769,057.83
Redemption/ Purchase 0.00 0.00 0.00 0.00
Net of Deposit/Purchase
Net Balance % Change June 30/2022 -204,995.43 1,332,522.40 -22.94% 3.78 785.29 0.00% -307,788.00 13,031,646.00 -2.34% -512,779.65 14,364,953.69 -3.66%
Royal Bank Interest Calculation (Est)
512,779.65 89,231.68
Life- to-date August 2016 to June 2022
Bond UCB Equity HISA JJM Total
Deposit Amended July 2018 0.00 0.00 893,750.00 0.00 4,764,250.00 5,658,000.00
Deposit Deposit Deposit Amended Amended Amended Jan-19 May-20 Jun-21 0.00 0.00 0.00 0.00 0.00 0.00 893,750.00 893,750.00 893,750.00 5,000,000.00 0.00 0.00 4,764,250.00 13,764,250.00 13,135,471.49 10,658,000.00 14,658,000.00 14,029,221.49
Interest 135,171.03 53,121.56 862.34 162,119.92 809,836.87 1,161,111.72
Market Value Adj -156,868.89 -71,706.82 456,718.79 0.00 -523,428.29 -295,285.21
Redemption/ Purchase -3,373,102.14 -1,239,264.74 -130,408.73 -161,334.63 12,745,237.42 8,760,019.85
Net Balance Change June 30/2022 -3,394,800.00 0.00 -1,257,850.00 0.00 327,172.40 1,332,522.40 785.29 785.29 13,031,646.00 13,031,646.00 9,625,846.36 14,364,953.69
Net of Deposit/Purchase
865,826.51
Royal Bank Interest Calculation (Est)
605,861.13
% -0.64% -1.48% 51.20% 0.00% 2.18% 6.17%
In 2022, our investments have had a net decrease of $512,779.65 compared to interest that would have been earned in our bank account at $89,231.68. A difference of -602,011.33 Overall, to date our investments have had a net increase of $865,826.51 compared to interest that would have been earned in our bank account at $605,861.13. A difference of +259,965.38.
Page 204 of 239
Page 205 of 239
To: Council Prepared by: Corporate Services Department Date of Meeting: September 6, 2022 Subject: 2022 Year to Date Financial Report to June 30, 2022
Summary The report provides a summary of the year-to-date financials to June 30, 2022, with a comparison to the year-to-date 2022 budget.
Recommendation This report is for information only.
Background Attached in Appendix A are the year-to-date financials showing revenues and operating expenses with a comparison to year-to-date budget as well as a column which reflects the total 2022 budget. Also attached in Appendix B is a summary of the variances for the 2022 capital budget.
Discussion/Analysis Operations Year to date revenues totalling $23,515,147 are $691,621 under budget while year to date expenses total $14,280,273 and are $180,587 over budget. The comparison to budget is based on the year-to-date budget to June 30th, 2022. Some of the variances within the Revenues can be attributed to: • •
• •
Taxation is lower than expected for this report as the Supplementary tax bills and Payment in Lieu of taxation have not yet been issued but will be prior to end of the next quarter and are expected to meet budget expectations. User Charges, Penalties and Interest on taxes and Government grant revenues show that they are lower than expected at this time, however they are anticipated to meet budget expectations as this is a timing issue as to when the revenues are actually realized. Licences, Permits and Rents are higher than expected and are anticipated to be higher at year end due to increase in building permit revenues. Investment income is lower than budgeted as the market expected rates of return have been poor in the first half of 2022. Rates of return on GIC’s are increasing for the later part of 2022 which may improve year end results.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 206 of 239 Township of South Frontenac Staff Report - 2022 Year to Date Financial Report to June 30, 2022
•
Donations and other revenues are higher than expected as this is the result of sale of land and vehicles.
Some of the variances within the Operating Expenses can be attributed to: • • •
• •
• • •
•
Roadway maintenance - Hardtop, dust layer and gravel are higher than expected because of material supply costs being higher in 2022, than in previous years. Winter Control – Costs have been higher than expected due to inclement weather and higher material costs. Quinte Conservation Authority levy actual is more than budgeted. The QCA budget was adopted after the Township budget and their final adopted budget for general requirements was higher than anticipated. The QCA also implemented a new budget allocation towards capital reserves for water and erosion control projects totalling $15,231. Heating expenses for facilities are higher than expected and anticipated to be overbudget due to the increased costs of fuel in 2022. Solid Waste costs are higher than budgeted as quantities being accepted at the landfill continues to be high. This trend increased drastically during COVID and remains to see high levels in 2022. There are also increased costs for fuel, which is tied into contracts. Parks, Recreation, and Cemeteries – Cost for new activity guides were higher than expected. Planning, Building and General Government operational costs are underbudget due to wage gapping. It is anticipated these amounts will be under to the end of the year. Funding for Climate change costs, Community Grants and Election costs have not been allocated or spent to June 30th and therefore attribute to the amount that is showing underspent, however they are expected to be in line with budget for the end of 2022. The remaining differences in the year-to-date budget and year to date actuals can be attributed to in year timing.
Capital Capital expenses spent to August 18, 2022, total $4,391,141. The variance is primarily driven by the timing of projects. A separate quarterly report was received by Council on August 9th from Public Services with updates to the status of capital works projects. All projects are underway, and more expenses will be included in the next quarterly financial reports. Projects will be reviewed in the final quarter of 2022 to assess whether they will be completed in 2022 or carried over to 2023.
Financial Implications The 2022-year end financial projections, based on the first half of the year indicate that overall, the Township of South Frontenac net revenue and expenditures will be on target with the 2022 budget overall. Staff continue to monitor financial status of all operational and capital budgets on an ongoing basis and report to Council with updates. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 207 of 239 Township of South Frontenac Staff Report - 2022 Year to Date Financial Report to June 30, 2022
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.
Climate Considerations ☒ Not applicable to this report.
Attachments Appendix 1 INC STATEMENT BvA-Council June 30, 2022 Appendix 2 Council - Financials - Capital to Aug 18, 2022
Approvals Prepared By:
Kyle Griese Financial Analyst Submitted By:
Shelley Stedall Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Appendix A
TOWNSHIP OF SOUTH FRONTENAC For the Six Months Ending June 30, 2022
REVENUE Property Taxation User Charges Licenses, Permits and Rents Government Grants Investment Income Penalties and Interest on taxes Donations Other Transfer from Reserves/Reserve Funds Total Revenues
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2022 Year Budget
2022 YTD Budget
2022 YTD Actuals
YTD Actual vs YTD Budget Variance
21,442,349 1,225,255 1,492,520 1,990,395 353,000 370,000 3,000 0 291,300 27,167,820
21,362,849 625,127 709,760 998,581 176,500 185,000 2,000 0 146,950 24,206,767
21,188,087 563,954 985,770 952,752 (350,033) 128,630 15,320 30,668 0 23,515,147
(174,762) (61,173) 276,010 (45,830) (526,533) (56,370) 13,320 30,668 (146,950) (691,621)
5,718,800
4,216,318
3,985,417
(230,901)
1,907,239 2,931,316 258,872 132,752 2,730 1,165,650
1,220,504 1,466,542 257,872 69,435 1,365 541,299
1,258,662 1,458,756 274,203 45,571 109 514,840
38,157 (7,786) 16,331 (23,864) (1,256) (26,459)
4,695,578 2,318,869
2,335,785 1,391,320
2,625,474 1,539,876
289,689 148,555
403,353 2,938,196 1,005,341 678,205 24,156,900 (3,010,920)
144,714 1,519,647 592,271 342,613 14,099,686 (10,107,082)
132,192 1,603,704 564,427 277,041 14,280,273 (9,234,874)
(12,521) 84,057 (27,843) (65,573) 180,587 872,208
OPERATING EXPENSE General Government Protection to Persons and Property Fire Police Conservation Authorities Protective Inspections and Control Emergency Measures Building Department Transportation Services Roadway Maintenance Winter Control Environmental Services Water System Solid Waste Management Parks, Recreation and Cemeteries Planning and Development Total Expenses TOTAL
2022-06-30 1 of 1
Appendix B
Page 209 of 239
2022 South Frontenac Capital Budget with Carryovers
2022 BUDGET (REVISED WITH CARRYOVERS)
GENERAL GOVERNMENT Corporate Services Carryovers Server Upgrade Asset Management Software & Document Update Budgeting software incl reporting, self serve and metrics Council Chambers Furniture Upgrades Verona Master Plan New Projects Gateway Signage Electronic Portable Sign LiDar Imagery Digital Modernization & Workflow Improvements Senior & Affordable Housing - Project Design & Management Payroll Digitization (Net zero with Provincial Funding) Total - Corporate Services
46,819 50,479
2022 ACTUALS
VARIANCE
TO Aug 18, 2022
45,863 0
-956 -50,479
5,830
0
-5,830
15,000 2,111
954 10,302
-14,046 8,191
60,000 10,000 16,000 125,000
0 0 0 0
-60,000 -10,000 -16,000 -125,000
175,000
0
-175,000
0.00 506,238
0.00 57,119
0 -449,119
0 0
3,129 3,129
3,129 3,129
PROTECTIVE SERVICES Building New Projects Building/Planning Software & Support Sub-total Fire Carryovers Firehall Study Tanker - Station 4 Rapid Response Unit x 5 -2021(2) & 2022(3) Extractor/Dryer - Station 4 Hartington Wildland Firefighting Suits (100) New Projects 16ft 40HP Aluminum - Marine Unit Bunker Gear - 10 Sets Hoses & Appliances Hydraulic Pump - Extrication Tools - Replacement x4 Floater Pumps - Wildland FF x4 Thermal Imaging Camera Station 8 Compressor - SCBA Bottle Filling Station x2 Electric / Battery Blower Fans Sub-total
46,428 432,477 373,286 9,454 38,000
46,428 432,299 126,361 2,071 33,010
0 -178 -246,925 -7,383 -4,990
75,000 25,000 18,000 8,000 19,200 18,000 35,000 13,000 1,110,846
0 24,467 8,515 6,223 18,760 16,269 34,393 10,476 759,273
-75,000 -533 -9,485 -1,777 -440 -1,731 -607 -2,524 -351,572
Total - Protection Services
1,110,846
762,402
-348,443
300,000 40,000 460,000 400,000
0 0 0 0
-300,000 -40,000 -460,000 -400,000
TRANSPORTATION DEPARTMENT Carryovers Tandem Dump Truck Half Ton Truck Tractors - Mowers x 2 (for 2022 delivery) Tri-axle New Projects
Page 210 of 239
2022 South Frontenac Capital Budget with Carryovers
2022 BUDGET 600,000 42,500 69,000
2022 ACTUALS 0 0 0
VARIANCE -600,000 -42,500 -69,000
120,000
30,801
-89,199
2,031,500
30,801
-2,000,699
38,242 818,900 81,486 1,502,297 1,018 49,562 59,343
0 6,698 0 0 1,018 0 19,526
16,000 112,200 110,150 176,371 3,553,610 361,141 100,000 66,307 113,184 550,000
0 15,895 5,597 107,484 11,987 0 4,620 57,332 0 550,000
-38,242 -812,202 -81,486 -1,502,297 0 -49,562 -39,817 0 -16,000 -96,305 -104,553 -68,887 -3,541,622 -361,141 -95,380 -8,976 -113,184 0
12th Con Bridge (B32) Repair Eagle Creek Culvert (B31) Design Opinicon Road Culvert (C12) Replacement Burego Lane Culverts (B6) Replacement Culvert Replacement - Westport Rd Culvert (Burridge) Culvert Replacement - Westport Rd Culvert (Burts Creek) Culvert Replacement - Bellrock Rd Culvert (East of Church) Microsurfacing - Perth Road Bellrock Rd Reconstruction Westport Road Reconstruction Hard Surfacing Preservation Lower Round Lake Rd Reconstruction Alton Road West (Design - Local Rds) Intersection Traffic Counts Deferred Linear Capital Works Roads Needs Study
50,000 50,000 50,000 78,000 22,500 150,000 22,500 350,000 970,000 1,000,000 742,813 822,000 27,000 18,500 167,825 150,000
0 0 0 0 0 31,406 0 0 10,791 252,409 437,340 312,593 4,274 8,637 0 29,724
-50,000 -50,000 -50,000 -78,000 -22,500 -118,594 -22,500 -350,000 -959,209 -747,591 -305,473 -509,407 -22,726 -9,863 -167,825 -120,276
Total Linear Assets
12,380,948 14,412,448
1,867,330 1,898,131
-10,513,618 -12,514,317
13,708
0
-13,708
Preorder Two Tandems (2023) Half Ton Truck 3/4 Ton Truck 2 Ton Truck Sub-total Linear Asset Construction Schedule Carryovers
Perth Road Intersection (cancel) Buck Bay Road Bridge Bunker Hill Road Bridge Fish Creek Road Bridge Hinchinbrooke Road North Culvert Perth Road at Buck Lake - Design Stars Corner/Yarker Road and Wilton Road Intersection New Projects
Carrying Place Road Bunker Hill/Deyos Road Hinchinbrooke Road Hinchinbrooke Emergency Repairs Battersea Road North Shore Road Culvert Battersea - New Sidewalks Guiderail Upgrades Streetlights (includes 18-17/19-14/20-20) Arterial Reserve (Road 38) New Projects
Total Transportation Department ENVIRONMENTAL SERVICES SYDENHAM WATER Carryovers Water Hauling Station & Mill Pond Drinking Station
Page 211 of 239
2022 South Frontenac Capital Budget with Carryovers
2022 BUDGET
Mechanical, instrumentation and eletrical upgrades (Utilites Kington recommended) Total Sanitation-Disposal Carryovers Loughborough Waste Site - Grouond Penetrating Radar Required for MOE Approval (Complete) Salem WDS - Vegetation & Benthic Monitoring (Complete) Green Bay WDS - Additional Monitoring Wells Sub-total Total Environmental Services TOWNSHIP FACILITIES MANAGEMENT Carryovers Energy Retrofits Town Hall - Main Floor washroom upgrades Sydenham - Station 5 - Front Eavesthrough/ asbestos tile Verona Medical Clinic - Design 2nd floor accessible Keeley Road Garage - Communications Tower Relocation Town Hall - Accessible Entrance Ramp & Front Step New Firehall - replacing Station 8 Burridge Fire Hall - Siteworks Portland Garage - Door Operators OPP Building - HVAC/Garage Doors Bedford Sand Dome Bradshaw Fire Hall - Lighting Retrofit/ Interior Wall Storrington Fire Hall - Lighting Retrofit Admin Office Location Expansion Feasibility Study Petworth Mill Improvements* Bellrock Mill Improvements New Projects New Monitoring Wells & Land / Water Rights Purchase Storrington Yard - Fabric Replacement on Sand Dome Princess Anne Bldg - Oil Tank Replacement New Docks - Battersea Village Inverary Cemetery Fencing Portable Soccer Nets Cen SW Fence Repairs Fabric Roof Panel - Keeley Road Sand/Salt Dome Total RECREATION Carryovers Davidson Beach - Access Road to swim area Boat Launch Upgrades - Shipyards Recreation Master Plan Wilmer Park Pumphouse Repairs Storrington Centre Upgrades Playground Rubberized Surfaces Bowes Park - Accessible Washrooms Bowes/Centennial/Inverary/Point Ball Diamonds
2022 ACTUALS
VARIANCE
50,000
0
-50,000
63,708
0
-63,708
6,400
0
-6,400
8,500
0
-8,500
20,000 34,900 98,608
0 0 0
-20,000 -34,900 -98,608
10,036 5,000 8,500 5,000 79,135 298,735 3,466,917 20,000 20,000 27,000 63,000 9,738 2,046 68,528 69,247 65,003
9,695 2,870 0 0 65,312 4,783 1,028,837 0 11,347 27,469 61,624 0 1,847 0 766 1,169
-341 -2,130 -8,500 -5,000 -13,824 -293,952 -2,438,080 -20,000 -8,653 469 -1,376 -9,738 -200 -68,528 -68,481 -63,834
150,000 35,000 5,000 20,000 10,000 12,600 18,000 35,000 4,503,486
5,088 10,972 3,548 3,262 0 11,341 15,717 13,295 1,278,943
-144,912 -24,028 -1,452 -16,739 -10,000 -1,259 -2,283 -21,705 -3,224,543
50,000 8,272 700 43,176 351,527 64,741 47,380 23,803
0 0 6,289 45,159 180,973 49,272 47,880 4,761
-50,000 -8,272 5,589 1,983 -170,554 -15,469 500 -19,041
Page 212 of 239
2022 South Frontenac Capital Budget with Carryovers
Battersea Park Gates New Projects McMullen - Verona Court Project Centennial Multipurpose Facility Two Cover / Roof Consulting Fee - User Fee & Facility Allocation Policy Recreation Software Total - Recreation PLANNING New Projects Official Plan Development of Subdivision /Condo Standards Servicing Options Study Total - Planning TOTALS
2022 BUDGET 10,000
2022 ACTUALS 0
VARIANCE -10,000
350,000 364,878 25,000 25,000 1,364,476
1,649 1,425 0 10,583 347,990
-348,351 -363,453 -25,000 -14,417 -1,016,486
93,508 15,000 100,000 208,508
46,556 46,556
-46,953 -15,000 -100,000 -161,953
22,204,611
4,391,141
-17,813,470
Page 213 of 239
To: Council Prepared by: Development Services Department Date of Meeting: September 6, 2022 Subject: Building Services – Review of Timeframes to Issue Permits
Summary This report responds to questions and concerns raised by Council at the August 9th, 2022 meeting regarding the timelines associated with processing building permits.
Recommendation This report is for information only.
Background At the August 9th, 2022 meeting of Council, several Councillors expressed concerns about the timelines associated with Building Services processing building permit applications. Council provided direction to the CAO and the Director of Development Services to bring back a report and schedule a special meeting to discuss why building permits are taking so long to issue.
Discussion/Analysis Q2 – 2022 The second quarter (April to June 2022) report highlighted a number of trends. Overall the South Frontenac Building Services Department is processing an equal proportion of applications for construction in South Frontenac (53%) and applications for Part 8 Services across Frontenac County (47%), including South Frontenac. This report identified Q2-2022 as having the highest construction value (over $24.5 million dollars) of any quarter reported in the last 4 years. This construction value was generated in part due to large construction projects occurring in the Township, including the Battersea Fire Hall, McMullen Manor, the Storrington Centre renovations and several commercial projects, in addition to 25 new single detached dwellings. It also reflects the increased cost of construction at the current time.
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Page 214 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
The Q2-2022 report also reported a new statistic which is the average number of business days it took to issue permits in Q2-2022. This statistic included the time from when the applicant first submits their application until when the permit was ready to be issued. On average in Q2-2022 it took 32 business days to issue a permit for a single detached dwelling from the time an applicant first dropped off their application until the permit was ready to issue. As the Township does not turn away incomplete applications, this statistic includes: • • • • • •
time the applicant may take to provide all required supporting information time for Building Services staff to receive, review and input the application into the building permitting software system (CityView) time for the inspector to complete the zoning compliance review time for the inspector to review the permit for Building Code compliance time for the applicant or their agent to make changes to their application to achieve Code compliance time for any subsequent Code reviews to be completed by the inspector prior to the issuance of the permit
Attachment 1 documents the workflow of the Building Permit process within the South Frontenac Building Services. It identifies which activities are completed by the applicant and by Building Services staff. During Q2-2022, Part 8 Sewage Services were restructured to provide more focused staffing to the delivery of Part 8 Sewage Services to improve timelines and coverage across Frontenac County. 2021 was the first year the Department delivered Part 8 Services. A review of the delivery of Part 8 Services was completed at the end of 2021 and it was determined that the volume of Part 8 applications and travel time for one inspector to cover the three Frontenac Townships was much higher than forecasted. It was also determined that the delivery of Part 8 Services for South Frontenac being split among the remaining 4 inspectors was leading to inefficiencies in service delivery to the Sewage Installers in the area. It was recognized by building staff that these services are better delivered by an inspector with specialized knowledge and experience with sewage systems. For the delivery of Part 8 Services in 2021, Building staff observed that having sewage permits in the queue with regular building permits for construction slowed down the delivery of Part 8 services. In Q2 – 2022, two full-time inspectors were assigned to deliver Part 8 Services – with one inspector covering Central and North Frontenac and the other inspector covering South Frontenac and Frontenac Islands. The operational decision to focus Part 8 Services in two specialized inspectors was intended to provide better service delivery to the sewage installers across Frontenac County. This change was implemented in the second quarter as it is typically the busiest quarter for sewage applications. As it took until the end of May 2022 to fill the inspector position included in the 2022 budget, the remaining three inspectors (CBO, Deputy CBO and 1 Building Inspector) processed the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 215 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
bulk of building permits for construction in South Frontenac during Q2-2022. In comparison to 2021, the volume of permits remained comparable but these were processed with a lower staffing completement due to the staff reallocation to Part 8 in Q2-2022. It was noted in the Q2 report that with filling this Building Inspector position – it was anticipated that the average processing time for building permits would be lower in Q3 than Q2-2022. The preliminary statistics to date from Q3 (July & August 2022) demonstrate the timeframes to process permits have come down from Q2-2022. Q3 – 2022 July & August 2022 For permits that have been issued to date in Q3-2022 (between July 2nd, 2022 and August 24th, 2022) the average processing time across all building permits from the time an applicant submits the application to the time a permit is ready for issuance is 9 business days. In Q2-2022, this timeframe was 16 days. While reduced from Q2-2022, the time to issue building permits for single detached dwellings continues to take the longest of all building permit types. In Q3-2022 the time from submission of an application until the issuance of a building permit was 25 business days. In Q2-2022, that timeframe was 32 business days. Based on Council’s concerns relating to the timeframe required to process and issue building permits for single detached dwellings, a detailed review of each building permit issued for a single detached dwelling in Q3 - 2022 was completed by the Director of Development Services. This review also included the permit timelines being broken down between days under the control of the applicant versus the control of Building Services staff. The below chart summarizes the average time permit applications were under the control Building Services staff versus the time it was under the control of the applicant for Single Detached Dwelling in Q3:
Avg Permit Application Time Building & Applicant Days Application Submission to Building Permit Issuance for a Single Detatched Dwelling in Q3 -2022 BUSINESS DAYS
8
Time with Building Services (Business Days)
17
Time with Applicant (Business Days)
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Page 216 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
•
On average, applications were under the control of the applicant for 17 business days of the 25 business days it took to issue the permit.
•
Reasons why the applications were with the applicant for this length of time include: o On average it took applicants 8 business days to provide all required information. o Applications had deficiencies based on Code Review. Applicants had to engage their professionals to make changes to their application and drawings and re-submit these changes to the inspector. o Applicants had to arrange for test holes to be dug and call to book inspections. o Applications submitted prior to obtaining planning approval (site plan control, consent, minor variance, or rezoning)
•
On average, the permit was directly under the control of Building Services (inputting application, conducting zoning and code review) for 8 business days.
Building Services recognize that the process to obtain a building permit, especially for a single detached dwelling, is a complex and iterative process. There is often back and forth communication between applicants and Building Services staff to answer questions and provide guidance through the process. Timeframes to process an application from submission to issuance, also relies on the time and availability of the applicant, their professionals and the completeness of their initial submission. Building Services continues to review and make improvements to communication materials on the Township website and at the front counter to assist applicants on what is required to submit all required information at the time of application. Building Code Timeframe to Issue Permits The Director of Development Services consulted with the Township solicitor regarding the Township’s legal obligation to process permits within the timeframes set out in the Building Code. The Building Code establishes a set of timelines for when permits must be issued or refused, dependent on the type of construction applied for (table 1.3.1.3 of Division C). While the Code establishes a range of timeframes for different types of construction – the most referenced timeframe is that the CBO shall issue or refuse a permit within 10 business days. The Township solicitor advised that: “even though these timelines are drafted as mandatory – the CBO “shall” issue a permit or refuse within the timelines - the courts have considered this issue and determined that the language is “directory” and not “mandatory”. The distinction is important as mandatory language means that failure to comply with the timeline makes the decision void. Because the language is directory, it is not fatal to fail to comply with the timelines.” The Township solicitor is not aware of any reported case where a court has imposed a consequence for failure to comply with the permit issuing deadline.
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Page 217 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
“As a practical matter this makes perfect sense – you could not have builders taking the position that because a permit was not issued in 10 days (for example) that they are free to build without a permit – or without inspections.” Under the Building Code, the 10-day timeframe only applies from the time the application is considered completed. An application is only complete when all necessary information is provided to the building department that allows them to conduct the plan review. Until that information is provided, the application is incomplete. An area that creates confusion in relation to the timeframe is that when the application comes into the Department, staff need to review to identify whether it is complete. Based on the language of the Building Code, this timeframe is outside of the 10-day period. There is a risk that the permit review will take longer than the statutory time frame when an incomplete permit application due to the number of days to have the application considered complete. Comparison to Neighbouring Municipalities As part of the 2022 budget, Council requested information about comparable Building Departments and their resources. During budget deliberations staff provided 2021 data and staff resourcing from a number of surrounding municipalities. This information, with some additions, is presented below. Of note, the staff complements document the number of Building Inspectors, including CBOs and Deputy CBOs. It does not include Department Directors or Administrative Assistants. 2021 Permit Volumes and Resourcing by Municipality Municipality
South Frontenac
Perm. Pop. (2021)
Geographic Size
2021 Total Building Permits
742 (Construction & SF Part 8 Applications) 377 (other 3 Frontenac Townships Part 8 Applications )
Building Inspector Complement
Applications per inspector
4
185.5
1
377
20,188
948 km²
29,255
3,337 km²
25,704
1,050 km²
1,076
8
134.5
Loyalist Township
17,943
342 km²
462
4
115.5
Stone Mills
7,826
709 km²
260
*1.5
173
South Frontenac Delivery of Part 8 Services across Frontenac County Prince Edward County
- A compliance coordinator started in May 2021 in Stone Mills and focuses primarily on Part 8 Sewage Applications. For 2022, Stone Mills has 2 staff positions processing permits (CBO and compliance coordinator).
It is difficult to find exact comparable jurisdictions due to differences in the types of development, servicing, geography, development patterns, etc.; however, given South Frontenac’s rural development pattern, geographic size, lack of traditional subdivisions or www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 218 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
servicing, and travel distances, inspections would, on average, require more time in South Frontenac than in the comparators noted above. In conversation with CBOs throughout the region – generally the right level of resourcing is for each inspector to average about 125 permits per year. Each South Frontenac inspector resourced more than 185 permits in 2021. The Part 8 Inspector handled over 375 permits and applications. While the 2022 permit numbers year-to-date are a little less than the volume experienced in 2021, 2022 permit volumes have not returned to a pre-COVID level and are not anticipated to do so. Pressures on Service Delivery in 2022 During COVID and continuing through 2022, there has been a surge of building activity occurring through the region. Growth and development throughout the region has been at record highs with building and planning applications more than doubling in volume over the past few years. Every associated industry, including engineers, contractors and surveyors, have all been impacted by the demand for construction services. In conversation with engineers, contractors and surveyors throughout the region, they are routinely turning away business as they are not resourced to handle the volumes experienced over the past few years. The lack of private sector resources to meet the area demand for construction services has slowed down many aspects of the building process. For example, it is standard across municipal Building Departments to request setbacks to be verified by a surveyor where a minor variance was approved for a reduced waterfront setback. In Q2 of 2022, it was taking upwards of 16 weeks to have a surveyor come out to verify and stake the setback. What was a standard request in pre-COVID times that may have taken a week to complete, became an unreasonable request for an applicant in 2022 due to increase in time it was taking for surveyors to complete this work. The unreasonableness of this type of request was often directed at Building Services staff, not at the private sector industry who wasn’t able to deliver services within reasonable timeframes. These timelines can impact the timeframes associated with reviewing and issuing building permits. As volumes begin to level out and private sector companies grow to meet the demand in the area for construction related services, it is anticipated that turn around times from external services such as surveyors will return to more normal service levels. Areas for Review to Streamline Building Service Delivery Several efficiencies have been identified by Building Services staff over the short and longer timeframe to improve the turn around time on issuing building permits. Return of Incomplete Applications Building Services staff have seen a rise in the number of incomplete applications being submitted to the Department. Many applicants are managing their own application process and may not be familiar with the types of documents, drawings and forms required. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 219 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
Applicants are often submitting building applications prior to obtaining or completing their planning applications. In many instances, applicants are often not aware that they may require a clearance letter from the Conservation Authority under their permitting authority (Section 28 of the Conservation Authorities Act) if they are waterfront property or if they have a natural heritage or hazard feature on their property. This requirement impacts many properties across the Township. To improve communication between applicants and building services staff, the building permit application was updated several years ago to include a page at the beginning of the permit application that includes a checklist of documents required. Staff are available at the counter, by phone and email to answer applicants’ questions prior to an application being submitted. There are additional opportunities available to work with the Township Communications Officer to be more proactive with messaging about submitting complete applications in the lead up to the 2023 building season. It has been South Frontenac’s practice to receive incomplete applications rather than return materials to the applicant until such time that applications are complete with all supporting documentation. While Building Services staff perceive receiving incomplete applications as a higher level of service than the municipalities who turn away incomplete applications, it does add administrative burden to the Department. The Permit Intake Coordinator regularly follows up with applicants who have not completed their applications and submitted all materials. The coordinator also corresponds with applicants to provide guidance on how to obtain missing information and provide links to documents, and provide contact information for Conservation Authority staff. Accepting incomplete applications also skews the timeframe reported for processing applications by adding days to the reported timeline that are under the applicant’s control to complete an application. It is recommended on a go forward basis that the timeframes associated with reporting Building Services will only reflect timeframes beginning on the day a complete application is received. By receiving incomplete applications there is a possibility that applicants perceive that the 10-day review timeframe under the Ontario Building Code starts from the day they submit their application, when in actual fact the application is not considered complete until all supporting documents are received, and the application meets the requirements of all applicable law (e.g. Conservation Authorities Act, Zoning By-law, Building Code). Many municipalities are moving to online portals to have applications processed digitally (e.g. CityView Portal, DASH, Cloudpermit) which will not allow applications into the system until all required supporting information is attached to their digital application. While South Frontenac staff perceive a higher level of service is provided by accepting incomplete applications, turning incomplete applications away is one where an administrative change could be made immediately. Being firmer with receiving complete applications would assist in reducing the turn around time for building permit applications. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 220 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
Other Efficiencies Several other efficiencies could be achieved by considering options for staffing and structuring reviews to optimize the review time of Building Inspectors in the Department. Two possible staffing options are outlined below. Staff will continue to monitor the trends and volumes in Q3 and Q4-2022 and may bring recommendations to Council as part of the 2023 budget process. Zoning Compliance Review Building Inspectors must review each permit application to confirm the project meets all Applicable Law (defined in the Building Code) which includes zoning. If the use will not meet zoning or the location does not meet performance standards (setbacks for example) the permit cannot be issued. Building inspectors review for zoning compliance as part of their review of the building permit application. Zoning compliance is not reviewed until after the application has been passed on to the inspector from the permit intake coordinator. Waiting until the permit application is in the hands of the Inspector has the potential to slow down re-directing applications that have zoning deficiencies over to Planning Services. It also requires the Inspectors’ time to review an application for which they may not be able to issue a building permit. One area for efficiency is to create a position that shifts the review of zoning from the Building Inspectors to a new Zoning Compliance Officer position. Many municipalities who are dealing with large volumes of building permits have a specialized position which provides building with a clearance that the application complies with zoning and all relevant planning regulations (e.g. development agreement, site plan control, etc.). Often this position is resourced by a planning technician or a staff member who has a strong planning background and understands the impact of legal agreements. Existing planning staff do not have the capacity to undertake this review, especially with the pressures that the fee refund schedule that takes effect under Bill 109 in January 1, 2022. A new Zoning Compliance Officer position would identify zoning compliance issues at the time the application is submitted in parallel with the review being completed by the Permit Intake Coordinator. Bringing the zoning review of the permit application earlier in the process provides better customer service to applicants by identifying where there may be deficiencies sooner and directing those applicants to planning staff earlier to address planning issues. It also frees up the Building Inspectors time to focus on building code review. It is anticipated that this position could free up 10-15% of the time that each Building Inspectors requires in reviewing applications. A zoning compliance officer position would also assist with the enforcement of the zoning by-law and other duties such as road closings and title searches for agreements, to support Building Services. Viability of this type of position could be assessed as part of the 2023 budget process. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 221 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
Building Inspectors The above chart identifies that South Frontenac Building Inspectors are processing the highest volume of permits per inspector of the municipalities surveyed. Should Council wish to see the processing timelines of permits be reduced, consideration should be given to increasing the Inspector complement. Although an additional inspector was approved in the 2022 budget, the overall complement assigned to building permits did not increase as there was a need to assign an additional dedicated staff to Part 8 services. Staff continue to monitor the demands and its impact on staffing and resourcing of Building Services. Application volumes for Part 8 services continue to exceed the forecasted service levels identified by KFL&A Public Health and building permits levels have remained consistently high over the last few years. Building continues to be a fee for service that does not impact the municipal tax levy. Building Services continues to bring in revenues that routinely exceeds the cost of delivering services. The Township maintains these revenues in a separate building reserve separate from the general tax levy. The volumes and timelines to issue permits should be monitored over the balance of Q3 and Q4-2022. Consideration of hiring an additional Inspector should be considered through the 2023 budget process. Relationship to Strategic Plans
☒ 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.
Climate Considerations
☒ Not applicable to this report. Notice/Consultation
Tom Berriault, Chief Building Official Rebecca Roy, Deputy-Chief Building Official
Attachments Attachment 1 - Building Permit Workflow – South Frontenac Building Services
Approvals Submitted by:
Claire Dodds, MCIP, RPP Director of Development Services www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 222 of 239 Township of South Frontenac Staff Report - Building Services – Review of Timeframes to Issue Permits
Approved by:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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PageWorkflow 223 of 239 Building Permit South Frontenac Building Services
Applicant submits Building Permit Application
September 2022
NOTE: The building permit application on the Township website and in-office includes a checklist to assist applicants in understanding what documents must be submitted in support of their application.
Application Reviewed by Permit Intake Coordinator
Applicant submits required information
Is all required information provided with application? YES
NO
Applicant notified of missing information
Applicant notified by email all required information has been received and has been assigned to an inspector for Zoning and Building Code review.
Zoning Review Pass
Deficiency
Applicant directed to contact Planning Services to set up pre-consultation meeting about required planning application
Building Code Review
Pass
Deficiency
Applicant advised that the submitted plans have deficiencies based on Code Review. Plans returned for corrections
Inspector Approves Application and Advises Applicant of Fees Applicant Pays Fees
Building Permit is Issued
Applicant Activity Building Services Activity
Applicant can begin construction
NOTE: Permit Card notes required Inspections. It is the applicants’ responsibility to contact inspector to book an inspection. Two business days notice is required.
Building Services Review of Timeframes to Issue Permits Presentation to Council September 6, 2022 Page 224 of 239
Q2 – 2022 Highlights from Building Services • Permit volumes in 2022 remain similar to 2021 volumes • Processing equal numbers of applications for construction in South Frontenac (53%) and applications for Part 8 Sewage Services (47%) • Q2-2022 had highest construction value (over $24.5 million dollars) of any quarter in past 4 years • Q2-2022 construction value was generated due to permits issued for: • Large projects - Battersea Fire Hall, McMullen Manor, the Storrington Centre renovations • Several commercial projects • 25 new single detached dwellings • Reflective of increased cost of construction Page 225 of 239
Q2 – 2022 Highlights from Building Services • On average in Q2-2022 it took 32 business days to issue a permit for a single detached dwelling from the time an applicant submitted their application until the permit was ready to issue. • As the Township does not turn away incomplete applications, this statistic includes time for: applicant to provide all required supporting information
•
Building Services staff to receive, review and input the application into the building permitting software system (CityView)
•
relying on third-party reviewers to review lot grading and drainage plans
•
inspector to complete the zoning compliance review
•
inspector to review the permit for Building Code compliance
•
applicant or their agent to make changes to their application to achieve Code compliance
•
any subsequent Code reviews by the inspector prior to the issuance of the permit
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•
Challenges in Q2-2022 • 2 full-time inspectors were assigned to deliver Part 8 Services in Q2-2022 • 1 inspector covering Central and North Frontenac • 1 inspector covering South Frontenac and Frontenac Islands • Took until end of May 2022 to fill the inspector position included in the 2022 budget • 3 inspectors (CBO, Deputy CBO and 1 Building Inspector) processed the bulk of building permits for construction in South Frontenac during Q2-2022. Part 8 for South Frontenac focused in 1 inspector. • Volume of permits comparable to 2021 volumes but these were processed with a lower staffing completement due to the staff reallocation to Part 8 in Q2-2022
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• Demand for private construction-related services remained high through Q2-2022. Timelines for responses from engineers, contractors and surveyors continue to be longer than usual based on demand outstripping supply of services in the area.
Q3-2022 to date (July & August) Statistics • Preliminary statistics to date from Q3 (July & August 2022) demonstrate the timeframes to process permits have come down from Q2-2022 • Average processing timeframe from submission of application to issuance for building permits for all applications in Q3-2022 = 9 business days • In Q2-2022, this timeframe was 16 business days • Average processing timeframe from submission of application to issuance for building permits for single detached dwellings in Q3-2022 = 25 business days • In Q2-2022, this timeframe was 32 business days. Page 228 of 239
OR Provide Corrections & Revisions to Plot Plan
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Average Time to Issue Single Detached Dwelling Permit - Q3-2022 (July & August) Avg Permit Application Time Building & Applicant Days Application Submission to Building Permit Issuance for a Single Detached Dwelling in Q3 -2022
BUSINESS DAYS
8
17
Time with Applicant (Business Days)
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Time with Building Services (Business Days)
Timeline to Review Applications Under the Building Code • The Township solicitor advised that: “even though these timelines are drafted as mandatory – the CBO “shall” issue a permit or refuse within the timelines - the courts have considered this issue and determined that the language is “directory” and not “mandatory”. The distinction is important as mandatory language means that failure to comply with the timeline makes the decision void. Because the language is directory, it is not fatal to fail to comply with the timelines.” “As a practical matter this makes perfect sense – you could not have builders taking the position that because a permit was not issued in 10 days (for example) that they are free to build without a permit – or without inspections.” Page 231 of 239
2021 Permit Volumes and Resourcing by Area Municipality
Municipality
Perm. Pop. (2021)
Geographic Size
2021 Total Building Permits
Building Applications per Inspector inspector Complement
742 South Frontenac
20,188
948 km²
(Construction & SF Part 8 Applications)
4
185.5
377
South Frontenac – 29,255
3,337 km²
(3 other Frontenac Townships Part 8 Applications )
1
377.0
Prince Edward County
25,704
1,050 km²
1,076
8
134.5
Loyalist Township
17,943
342 km²
462
4
115.5
Stone Mills
7,826
709 km²
260
*1.5
173.0
- A compliance coordinator started in May 2021 in Stone Mills and focuses primarily on Part 8 Sewage Applications. For 2022, Stone Mills has 2 staff positions processing permits (CBO and compliance coordinator).
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Part 8 Services across Frontenac County
Areas for Review – Incomplete Applications • South Frontenac’s practice to receive incomplete applications • Change could be made immediately to stop receiving incomplete applications • Receiving incomplete applications is perceived by staff as delivering a higher level of service than the municipalities who turn away incomplete applications but it has implications on service delivery:
- Adds administrative burden to the Department including: • Follow up with applicants to obtain information required to complete applications • Provide guidance on how to obtain missing information
- By receiving incomplete applications applicants may perceive that the 10-day review timeframe under the Ontario Building Code starts when application is submitted, rather than when Building Services has all required information to complete a review • Reporting on a go-forward basis will only report timeframes from receipt of a complete application to more accurately reflect timelines where applications are under direct control of Building Services staff Page 233 of 239
Areas for Review – Staffing Resources As part of the 2023 Budget Discussions consider the following positions: • Zoning Compliance Officer: • A specialized position to review zoning and planning regulations for all building permits applications • Shifts zoning review from Building Inspectors to allow Inspectors to focus on Code Review • Zoning compliance issues identified at the time the application is submitted in parallel with the review being completed by the Permit Intake Coordinator • Provide better customer service by identifying deficiencies sooner and directing applicants to planning staff earlier in the building process to address planning issues • Assist with other duties such as road closings, zoning by-law enforcement, agreements
• Adding an additional building inspector position will speed up timelines to process permit applications
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• Building Inspector:
There are different breeds of LGDsofwhich the most popular breeds in Ontario include Great Pyrenees, Akbash, Kuvasz, Maremma and Anatolian Shepherd and crosses between these breeds. Although not an exhaustive list, dogs generally used for herding include Border Collies, Australian Shepherds, Blue & Red
“Herding Dog” means a dog that has been trained and is actively being used in a bona fide farming operation for the purposes of controlling livestock on the farm.
Add Definition of Livestock Guardian Dogs (LGDs)and Herding Dogs to by-laws We propose that: “LivestockGuardian Dog” (LGD)be defined as a dog that works and/orlives with domestic farm animals (e.g. cattle, sheep, poultry) to protect them while repelling predators and is used exclusivelyfor that purpose.
Livestockguardian animals are one of the mostcommon forms of predation prevention control used by Ontario sheep producers. These include Livestock Guardian Dogs (LGDs),donkeys, and llamas,with LGD being the most popular choice. However, thereare instances when municipal by—lawshinder the efficient use of LGDson farming operations as the by-laws are intended primarily for dogs kept for companionship, breeding, or non—workingpurposes. We have reviewed work done by several Ontario municipalities where LGDs have been specifically addressed when creating or revising existing by-laws. Below are some of the primary areas of concern and suggested options for consideration by your municipality.
Problem predators are an increasing challenge and cost for Ontario livestockfarmers requiring considerable effort and resources on the part of farmers and the Ontario Sheep Farmers (OSF). The financial cost of predation not only costs farmers, in terms of preventative measures, such as fencing and LGD;it also costs Ontario taxpayers, with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA)paying farmers over $717,000 in the -2021 FYfor losses of livestockcaused by wildlife.This cost does not include the cost borne by municipalities and OMAFRA in sending investigators out to farms and administering the program. Nor does this cover the costs of veterinarians to help those maimed by predators to recover, the production losses of animals who are stressed from predation and the mental health toll predation takes on the farmer. Without being able to properly protect livestock from predation, taxpayers should expect to see an increased incidence of predation and increased costs.
On behalf of Ontario’s 2700 sheep farmers, l am reaching out to begin a dialogue with your municipality on the increasing challenge livestockfarmers face in dealing with problem predators, and the role that LivestockGuardian Dogs (LGD)and your municipal dog control bylaws play in helping our farmers protect their sheep.
F A P M E F?5
QntarioSheep
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Barking Restrictions LGD are exempt from barking restrictions if actively engaged in guarding livestock against predators. Under the Farming and Food Production Protection Act farmers are protected from nuisance complaints made by neighbours provided they are following normal farming practices. The use of LGDon sheep farms is a
Running At Large A dog shall not be running at large if it is a LGDand is on their leased or owned property.
0
required) and that the dogs are LGDs and or herding dogs.
We would propose for your consideration that a person may keep more than three dogs at a premise without obtaining a kennel license provided: 0 the person is keeping sheep (or other livestock) upon the same premises. 0 the premises is on land that is zoned rural and agricultural. 0 the person provides proof of producer registration issued in the name recorded by the Ontario Sheep Farmers, Beef Farmers of Ontario, Ontario Goat, 0 the dogs are registered/licensed annually in accordance with relevant municipal by-laws (if
Requirements for Kennel Licensing and/or Limitation on Number of Dogs Kept in some areas bylaw requires a person with more than three dogs at the same premises to secure a kennel license. Coyotes are very smart and will lure the clogs away while the remaining coyotes killthe sheep or lambs from behind or will attack the dogs directly. It is not uncommon for farmers to have more than two LGDs,especially when they are training younger dogs. This is especially true in areas where there is heavy predation. As well, larger sheep flocks in Ontario (several over 1500 animals), require numerous dogs to provide adequate protection especially where higher numbers of predators are present.
Requirement for Dogs to Wear a Collar and Tag LGDs’instincts are to guard and follow the flock, sleeping and working outdoors in all kinds of weather. Collars can become snagged on branches or fences and become a skin irritant in hot or wet weather. We suggest that municipal by—lawsallow owners to remove the collar and license tag (if applicable) from a guardian or herding dog while the dog is being actively used in farming practices provided that the owner uses an alternative means of identification linking the animal to the name and address of the owner, e.g. either a tattoo or microchip containing the required information.
Dog Registration] Licensing Requirements Paying annual dog registration/license fees for numerous working farm dogs can become a significant cost for sheep producers. We would encourage municipalities to exempt LGDsand herding dogs from annual license fees as is done in many jurisdictions for assistance/service dogs and working police dogs. The definition of
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‘xl..l.1l.’1’.”
John Hemsted, Chair
‘
Sincerely,
Thank you for your attention to this matter and we look forward to working with you.
OSF wishes to work cooperatively with you to ensure that municipal bylaws take into consideration the use of LGDwhen developing their bylaws. We would be pleased to communicate with the appropriate municipal officials to review with you Ontario sheep producers’ needs and concerns in this area.
Aggressive/ Dangerous Dog designation LGDact aggressively and show aggression towards things they view as a threat to the livestock they are protecting. As such, an exemption, like that for police dogs should be considered.
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0
is consistent with proper, acceptable customs and standards of similar operations; or
- uses innovative technology according to proper, advanced farm management practices.
The Farm and Food Production Protection Act (administered by Ontario Ministry of Agriculture, Food and Rural Affairs) defines normal farm practice as a farming practice which:
Ontario Sheep Farmers (OSF)considers the use of livestock guardian dogs to provide protection to livestock against predation as a normal farm practice.
Except perhaps for sheep flocks totally confined to barns with no access to outdoors, very few sheep flocks would survive predation attacks if it weren’t for the effectiveness of livestock guardian dogs.
Barking is one of the primary means by which livestock guardian clogs provide protection to the sheep flock. it is their way of communicating with other canines, and the guarding bark warns predators to avoid the area. Because dogs’ sense of smell and hearing are many times more acute than that of humans, they often appear to be ”barking” at nothing, when in fact, they hear, or smell something that humans are not able to.
They provide protection to the flock by patrolling pastures, marking the perimeter of their territory. They also bark, run at, and try to intimidate any threats to the livestock they are protecting, which in this case is sheep.
Livestock Guardian Dogs live with the sheep flock.
Livestock Guardian Dogs have been used in Ontario since the 1960’s. Their use has increased in the past 40 years as the province’s coyote population has increased and expanded throughout the entire province. Livestock Guardian Dog are now used by a great majority of sheep producers in Ontario to protect their flocks from predation by (primarily) coyotes, but also wolves, bears and other wildlife.
Predation is a significant cost and ongoing threat to sheep flocks in Ontario. Preventative measures are the first line of defense for producers. LivestockGuardian Dogs are one of the most effective preventative measures available because they are actively protecting the flock 24 hours a day, 7 days a week.
Livestock Guardian Dog use in Ontario
FARMERS
Ontariosheep
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-87 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE SPECIAL COUNCIL MEETING OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON SEPTEMBER 6, 2022 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act 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 September 6, 2022 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held September 6, 2022 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on September 6, 2022 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 6 day of September 2022. Read a third time and finally passed this 6 day of September, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
