Body: Council Type: Agenda Meeting: Regular Date: February 7, 2023 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC Council Meeting Agenda
TIME: DATE: PLACE:
7:00 PM, Tuesday, February 7, 2023 Council Chamber/Electronic Participation.
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
Delegations
a)
Anne Prichard, Executive Director, Frontenac Business Services will be present to speak to Council regarding Frontenac Business Services.
Public Meeting
Approval of Minutes
a)
Resolution
Business Arising from the Minutes
Reports Requiring Action
a)
Committee Appointment: Heritage Advisory Committee, Lake Ecosystem Advisory Committee and Recreation & Leisure Services Advisory Committee • The purpose of the report is to provide Council with the necessary background information to appoint both members of Council as well as members of the public to the Heritage Advisory Committee, Lake Ecosystem Advisory Committee and the Recreation & Leisure Services Advisory Committee.
6 - 16
17 - 22
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a) Resolution Recommendation:
- That Councillor _________ be appointed to the Heritage Advisory Committee for the term of Council.
- That Councillor _________ and Councillor _________ be appointed to the Lake Ecosystem Advisory Committee for the term of Council.
- That Councillor _________ and Councillor _________ be appointed to the Recreation & Leisure Services Advisory Committee for the term of Council.
- That the following public representatives (between four and eight members) be appointed to the Heritage Advisory Committee for the term of Council; a. ____________
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b. ____________ c. ____________ d. ____________ e. ____________ f. ____________ g. ____________ 5. That the following nine public representatives be appointed to the Recreation & Leisure Services Advisory Committee: a. ____________ b. ____________ c. ____________ d. ____________ e. ____________ f. ____________ g. ____________ h. ____________ i. ____________; and That notwithstanding the Committee By-law, public representatives be appointed to the Recreation & Leisure Services Advisory Committee for a term concluding September 30, 2024; it being understood that staff will report back to Council in September, 2024 to evaluate the effectiveness of the new mandate of the Recreation & Leisure Services Advisory Committee and consider whether amendments to the composition and/or mandate of the Committee should be contemplated. 6. That the following six lake associations representatives (which have been officially endorsed by their respective lake association) be appointed to the Lake Ecosystem Advisory Committee for the term of Council; a. ____________ b. ____________ c. ____________ d. ____________ e. ____________ f. ____________; and That two members of the public (who own and/or reside on a lakeshore property and/or that possess specific knowledge or expertise) be appointed to the Lake Ecosystem Advisory Committee for the term of Council; a. ____________ b. ____________ b)
2023 Meeting Schedule • The purpose of the report is to provide Council with background information and recommend adoption of the 2023 meeting schedule for Council, Committee of the Whole, advisory committees and legislated committees. recognizable to the public.
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b) Resolution Recommendation: That the 2023 schedule of meetings of Council, Committee of the Whole, advisory committees and legislated committees, attached as Exhibit A to the Report, be approved; and That notwithstanding the regularly scheduled Council and Lake Ecosystem Advisory Committee meeting dates, Council approve the following meeting dates: Schedule Adjustments:
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• July 4, Council meeting rescheduled to July 11; • August 1, Council meeting rescheduled to August 15; • August 17, Police Services Board Meeting rescheduled to August 10; and • December 28, Lake Ecosystem Advisory Committee rescheduled to December 7. c)
Light Duty Vehicle Colour • This report provides information on the current paint scheme for light duty vehicles and seeks approval to proceed with white coloured light duty vehicles with a vinyl vehicle wrap of the brand pattern above the rear wheels in orange to keep Township staff and trucks recognizable to the public.
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c) Resolution Recommendation: That Council support changing the colour of light duty vehicles from orange to white with an orange vinyl vehicle wrap above the rear wheels using the brand pattern. d)
Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan • Staff are seeking support from Council to proceed with public consultation and a revised schedule to adopt the new Official Plan. Open houses and statutory public meetings are legislated requirements and provide an opportunity for public input and comment on Official Plan policy direction.
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d) Resolution Recommendation: That Council endorse the schedule to consider the adoption of the Official Plan and provide for public consultation; and That Council direct staff to engage the Heritage Committee and Lake Ecosystems Committee for input and comment; and That Council direct staff to schedule In-person Open House, and Statutory Public Meeting to facilitate public consultation. e)
Bellrock and Petworth Mills Update • This report provides information on the condition of the Bellrock and Petworth Mills sites and seeks approval to proceed with next steps.
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e) Resolution Recommendation: That Council approve the design of the structural demolition of the Bellrock and Petworth Mill sites along with the park space design of the sites.
Committee Meeting Minutes
By-laws
a)
Implementation of Administrative Monetary Penalties – Dog Control 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
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deter actions prohibited under By-law 2001-66, as amended, being ‘A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac’. a) Resolution Recommendation: That Council recommend as follows: a) That By-law 2023-10 attached as Exhibit A, being ‘A By-law to Amend By-law 2022-70, As Amended, A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given first and second reading. b) That By-law 2023-10 attached as Exhibit A, being ‘A By-law to Amend By-law 2022-70, As Amended, 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 2023-11 attached as Exhibit B, being ‘A By-Law to Amend By-Law 2001-66, As Amended, 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. d) That By-law 2023-11 attached as Exhibit B, being ‘A By-Law to Amend By-Law 2001-66, As Amended, 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. b)
2023 Interim Tax Levy • This report and the attached by-law provide the Township the ability to levy interim property tax amounts to properties within the Township and provides for penalties to be charged on outstanding arrears.
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b) Resolution Recommendation: That By-law 2023-12 to establish interim property taxes for 2023 be given first and second reading; and That By-law 2023-12 be given third reading, signed and sealed. c)
Zoning By-law Amendment Application - PL-ZBA-2022-0127, Jones, 1829 Morrison Road • This report recommends that Council pass a by-law to change the zone on the subject property to permit a secondary dwelling unit.
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c) Resolution Recommendation: That By-law 2023-13 being a By-law to amend By-law 2003-075, as amended, to rezone land from the Rural (RU) zone to Rural – Special Provision (RU-69) zone on lands described as 1829 Morrison Road, Part 4, Reference Plan 13R10719, Part Lot 12, Concession 5, District of Loughborough be given first and second reading; and That By-law 2023-13 be given third reading, signed and sealed. d)
Zoning By-law Amendment Application PL-ZBA-2022-0157, Shepherd, 1646 Shales Road
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•
This report recommends that Council pass a by-law to change the zone on a portion of the subject property from the Rural (RU) zone to a property specific Rural (RU-68) zone to permit a deficient lot frontage of 55 metres.
d) Resolution Recommendation: That By-law 2023-14 being a By-law to amend By-law 2003-075, as amended, to rezone land from the Rural (RU) zone to Rural – Special Provision (RU-68) zone on lands described as 1646 Shales Road, Part of Lot 17, Concession 11, District of Loughborough be given first and second reading; and That By-law 2023-14 be given third reading, signed and sealed.
Reports for Information
Information Items
a)
2023 Ontario Farmland Forum
107
b)
Cataraqui Conservation 2023 Municipal Levy
108
Notice of Motions
Announcements/Statements by Councillors
Question of Clarity (from the public on outcome of agenda items)
Closed Session (if requested)
a)
Resolution: That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following items:
b)
A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board – Financial Negotiations.
c)
Resolution - That Council Rise from Committee of the Whole “Closed Meeting” without Reporting.
Confirmatory By-law
a)
Resolution
Adjournment
a)
Resolution Natural, Vibrant and Growing - A Progressive Rural Leader
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Presentation to Township of South Frontenac February 7, 2023 Page 6 of 109
Why did we ask to present to council? Thank you for past support
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Ask you to continue to actively refer individuals and business that may benefit from our services
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Strategic Priorities Brand Fortitude and Business Promotion Investing for Impact Page 10 of 109
Food and Beverage
Investing for Impact Job Creation Business Profitability Page 11 of 109
Community Issues
Loan Portfolio
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The Challenge Lack of employment lands and available space to lease Page 15 of 109
Sign up for our e-news Contact Information
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Lauren Reid, Office Manager/Business Advisor Jason Brown, Business Advisor Anne Prichard, Executive Director 613-372-1414, info@frontenacbusiness.ca www. FrontenacBusiness.ca
Page 17 of 109 Minutes of Council January, 31, 2023
TOWNSHIP OF SOUTH FRONTENAC Council Meeting Minutes
Meeting #9 Time:7:00 Location: Council Chamber/Virtual Present: Mayor Ron Vandewal, Charlene Godfrey,Ray Leonard, Doug Morey, Steve Pegrum, Norm Roberts, Randy Ruttan, Ron Sleeth, Scott Trueman Staff: Louise Fragnito - Chief Administrative Officer & Acting Clerk, Brad Wright Director, Development Services, Christine Woods - Senior Planner, James Thompson Deputy Clerk, Michelle Hannah - Planning Assistant Others Present: Representatives from Dillon Consulting 1
Call to Order and Roll Call
a)
Resolution Resolution No. 2023-09-01 Moved by Councillor Leonard Seconded by Councillor Ruttan That the Council meeting of January 31, 2023 be called to order at 7:00 p.m. Carried
b)
Ms. Hannah conducted the Roll Call.
2
Declaration of pecuniary interest and the general nature thereof
a)
There were none.
3
Approval of Agenda
a)
Resolution Resolution No. 2023-09-02 Moved by Councillor Roberts Seconded by Councillor Godfrey That the agenda be approved, as presented Carried
4
Scheduled Closed Session
a)
Not applicable.
5
Delegations
a)
There were none
6
Public Meeting
a)
Resolution - Public Meeting - Call to Order Resolution No. 2023-09-03
Page 18 of 109 Minutes of Council January, 31, 2023 Moved by Councillor Godfrey Seconded by Councillor Pegrum That the public meeting regarding amendments to By-law 2017-76 be called to order. Carried b)
Public Meeting: The Council of The Corporation of the Township of South Frontenac held a public meeting at 7:00 p.m. regarding proposed amendments to By-law 2017-76 which provides for governing the proceedings of Council, the conduct of members and the calling of meetings. The amendments are related to the proposed implementation of the Committee By-law. (See Agenda Item 11. b.)
c)
Members of the public did not provide comment.
d)
Resolution - Close Public Meeting Resolution No. 2023-09-04 Moved by Deputy Mayor Sleeth Seconded by Councillor Trueman That the public meeting be closed. Carried
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Approval of Minutes
a)
Resolution Resolution No. 2023-09-05 Moved by Councillor Pegrum Seconded by Councillor Leonard That the minutes of the January 10, 2023 Council meeting and the minutes of the January 17, 2023 Committee of the Whole meeting, be approved. Carried
8
Business Arising from the Minutes
9
Reports Requiring Action
a)
Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan • Staff sought support from Council to proceed with public consultation and a revised schedule to adopt the new Official Plan. Open houses and statutory public meetings are legislated requirements and provide an opportunity for public input and comment on Official Plan policy direction. Resolution No. 2023-09-06 Moved by Councillor Trueman Seconded by Councillor Roberts That Council endorse the schedule to consider the adoption of the Official Plan and provide for public consultation; and That Council direct staff to engage the Heritage Committee and Lake Ecosystems Committee for input and comment; and That Council direct staff to schedule a Virtual Open House, In-person Open House, and Statutory Public Meeting to facilitate public consultation. Deferred (See Motion to Defer which Carried) Resolution No. 2023-09-07
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Page 19 of 109 Minutes of Council January, 31, 2023 Moved by Councillor Morey Seconded by Councillor Roberts That further consideration regarding the Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan be deferred to the next meeting in order for staff to take into consideration the comments raised regarding the proposed timeline. Carried 10
Committee Meeting Minutes
a)
There were none.
11
By-laws
a)
Zoning By-law Amendment Application - PL-ZBA-2022-0123, David Blunden, 2207 Wellington Street • The report recommended that Council pass a by-law to change the zone on the subject property to permit a single detached dwelling. Resolution No. 2023-09-08 Moved by Councillor Trueman Seconded by Councillor Godfrey That By-law 2023-03 to amend the zoning on lands known as 2207 Wellington Street, Part 1, Plan 13R-7409, Part Lot 11, Concession 9, District of Storrington, Township of South Frontenac be given first and second reading. Carried Resolution No. 2023-09-09 Moved by Councillor Leonard Seconded by Councillor Morey That By-law 2023-03 be given third reading, signed and sealed. Carried
b)
Committee By-law • The report provided Council with additional information and recommend approval of the Committee By-law, attached as Exhibit A of the Report as well as the associated administrative amendments to Schedule A of By-law 2017-76, (Council Procedure By-law) attached as Exhibit B of the Report. Resolution No. 2023-09-10 Moved by Councillor Leonard Seconded by Councillor Pegrum That By-law 2023-04, attached as Exhibit A, being “A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac” be given first and second reading. Carried Resolution No. 2023-09-11 Moved by Councillor Godfrey Seconded by Councillor Roberts That By-law 2023-04 being “A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac” be given third reading, signed and sealed. Carried Resolution No. 2023-09-12 Moved by Deputy Mayor Sleeth Seconded by Councillor Ruttan
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Page 20 of 109 Minutes of Council January, 31, 2023 That By-law 2023-05, attached as Exhibit B, being “A By-law To Amend By-law 2017-76, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given first and second reading. Carried Resolution No. 2023-09-13 Moved by Councillor Morey Seconded by Councillor Trueman That By-law 2023-05 being “A By-law To Amend By-law 2017-76, “A By-law to Provide for Governing The Proceedings of the Council, The Conduct of Members and the Calling of Meetings” be given third reading, signed and sealed. Carried c)
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 • An application was received by Development Services Staff requesting to stop up, close and transfer a portion of unopened road allowance between former Townships Portland and Loughborough. Resolution No. 2023-09-14 Moved by Councillor Pegrum Seconded by Councillor Godfrey That By-law number 2023-06, being a By-law to stop up, close and transfer ownership of Part 2, Plan 13R22785, being a portion of an unopened road allowance on which the dwelling of 5356 New Morin Road encroaches plus three (3) feet, be given first and second reading. Carried Resolution No. 2023-09-15 Moved by Councillor Roberts Seconded by Councillor Ruttan That By-law number 2023-06 be given third reading, signed and sealed. Carried
d)
Appointment of Clerk and Deputy Clerk • Staff recommended that Council approve By-law 2023-07 and By-law 2023-08 in order to appoint James Thompson as Clerk and Louise Fragnito as Deputy Clerk. Resolution No. 2023-09-16 Moved by Deputy Mayor Sleeth Seconded by Councillor Leonard That By-law 2023-07 being a By-law to appoint James Thompson as Clerk be given first and second reading. Carried Resolution No. 2023-09-17 Moved by Councillor Godfrey Seconded by Councillor Ruttan That By-law 2023-07 be given third reading, signed and sealed. Carried Resolution No. 2023-09-18 Moved by Councillor Ruttan Seconded by Councillor Roberts That By-law 2023-08 being a By-law to appoint Louise Fragnito as Deputy Clerk be given first and second reading.
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Page 21 of 109 Minutes of Council January, 31, 2023 Carried Resolution No. 2023-09-19 Moved by Councillor Morey Seconded by Councillor Trueman That By-law 2023-08 be given third reading, signed and sealed. Carried 12
Reports for Information
a)
There were none.
13
Information Items
a)
There were none.
14
Notice of Motions
a)
There were none.
15
Announcements/Statements by Councillors
a)
There were none.
16
Question of Clarity (from the public on outcome of agenda items)
a)
There were none.
17
Closed Session (if requested)
a)
Not applicable.
18
Confirmatory By-law
a)
Resolution Resolution No. 2023-09-20 Moved by Councillor Morey Seconded by Deputy Mayor Sleeth That By-law 2023-09, being the confirmatory by-law, be given third reading, signed and sealed. Carried Resolution No. 2023-09-21 Moved by Councillor Trueman Seconded by Councillor Roberts That By-law 2023-09, 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. Carried
19
Adjournment
a)
Resolution Resolution No. 2023-09-22 Moved by Councillor Pegrum Seconded by Councillor Ruttan That the Council meeting on January 31, 2023 be adjourned at 9:10 p.m. Carried
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Page 22 of 109 Minutes of Council January, 31, 2023
Ron Vandewal, Mayor
Louise Fragnito, Clerk
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To: Council Prepared by: Office of the Clerk Date of Meeting: February 7, 2023 Committee Appointment: Heritage Advisory Committee, Lake Subject: Ecosystem Advisory Committee and Recreation & Leisure Services Advisory Committee
Summary The purpose of the report is to provide Council with the necessary background information to appoint both members of Council as well as members of the public to the Heritage Advisory Committee, Lake Ecosystem Advisory Committee and the Recreation & Leisure Services Advisory Committee.
Recommendation
- That Councillor _________ be appointed to the Heritage Advisory Committee for the term of Council.
- That Councillor _________ and Councillor _________ be appointed to the Lake Ecosystem Advisory Committee for the term of Council.
- That Councillor _________ and Councillor _________ be appointed to the Recreation & Leisure Services Advisory Committee for the term of Council.
- That the following public representatives (between four and eight members) be appointed to the Heritage Advisory Committee for the term of Council; a. ____________ b. ____________ c. ____________ d. ____________ e. ____________ f. ____________ g. ____________
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 24 of 109 Township of South Frontenac Staff Report - Committee Appointment: Heritage Advisory Committee, Lake Ecosystem Advisory Committee and Recreation & Leisure Services Advisory Committee
- That the following nine public representatives be appointed to the Recreation & Leisure Services Advisory Committee: a. ____________ b. ____________ c. ____________ d. ____________ e. ____________ f. ____________ g. ____________ h. ____________ i. ____________; and That notwithstanding the Committee By-law, public representatives be appointed to the Recreation & Leisure Services Advisory Committee for a term concluding September 30, 2024; it being understood that staff will report back to Council in September, 2024 to evaluate the effectiveness of the new mandate of the Recreation & Leisure Services Advisory Committee and consider whether amendments to the composition and/or mandate of the Committee should be contemplated.
- That the following six lake associations representatives (which have been officially endorsed by their respective lake association) be appointed to the Lake Ecosystem Advisory Committee for the term of Council; a. ____________ b. ____________ c. ____________ d. ____________ e. ____________ f. ____________; and That two members of the public (who own and/or reside on a lakeshore property and/or that possess specific knowledge or expertise) be appointed to the Lake Ecosystem Advisory Committee for the term of Council; a. ____________ b. ____________
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 25 of 109 Township of South Frontenac Staff Report - Committee Appointment: Heritage Advisory Committee, Lake Ecosystem Advisory Committee and Recreation & Leisure Services Advisory Committee
Background As outlined in the Committee By-law, Council is required to appoint members of Council as well as members of the public to the Heritage Advisory Committee, Lake Ecosystem Advisory Committee and the Recreation & Leisure Services Advisory Committee.
Discussion/Analysis Detailed information regarding the operation and mandates of the Heritage Advisory Committee, Lake Ecosystem Advisory Committee and the Recreation & Leisure Services Advisory Committee can be found in the Committee By-law attached to the Report as Exhibit A. Between January 9, 2023 and February 2, 2023 members of the public were afforded an opportunity to submit an application to serve on the Heritage Advisory Committee, Lake Ecosystem Advisory Committee and the Recreation & Leisure Services Advisory Committee. As part of the recruitment campaign, advertisement occurred in the Frontenac News on January 11, 18 and 25, 2023. Throughout the recruitment period additional advertisement appeared on the Township of South Frontenac website and social media channels. All applicants were required to complete the application form found on the Township of South Frontenac website and were welcome to submit additional documentation in support of their application. Additionally, all applicants were required to confirm that they are eligible to serve on a Township of South Frontenac committee or board. The following table provides a summary of the applications received. Heritage Advisory Committee Michael Gemmell John McDougall Travis Rivard Wilma Kenny Angela Maddocks Michael Payne Matthew Tofflemire
Lake Ecosystem Advisory Committee Alan Revill (Desert Lake Property Owners’ Association) Janet Brown (Dog & Cranberry Lakes Association) Justin Connidis (Garter Lake Lane Association) Joseph Buckley (Fourteen Island and Mink Lakes Watershed Association) Terry Mauer (Inverary Lake Residents Association) Tim Upton (West Devil Lake Property Owners Association) Ellie Prepas (Public) Gerrit Buitenhuis (Public) Mathew Butterill (Public)
Recreation & Leisure Services Committee Michele Zigman Jeffrey (Jeff) Monaghan Holly Wilson Paige Moreland Paul Wash Marc Goudie Travis Rivard Shane Peters Shane Kidd
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 26 of 109 Township of South Frontenac Staff Report - Committee Appointment: Heritage Advisory Committee, Lake Ecosystem Advisory Committee and Recreation & Leisure Services Advisory Committee
Michele Zigman (Public) Matthew Edwin Roscoe Tofflemire (Public) Stephen Potter (Public)
Marie Wilkins Karl G Hammer Matthew Tofflemire
Application packages were distributed to members of Council separately and are available upon request. At the February 7, 2023 Council meeting, members of Council will be asked to appoint two members of Council to both the Lake Ecosystem Advisory Committee and the Recreation & Leisure Services Advisory Committee as well as one member of Council to the Heritage Advisory Committee. Additionally, Council is requested to appoint nine public representatives to the Recreation & Leisure Services Advisory Committee, between four and eight public representatives to the Heritage Advisory Committee and eight public representatives to the Lake Ecosystem Advisory Committee; it being understood that (six representatives are to be endorsed by their respective lake association). At the Council meeting held on September 20, 2022, Council approved By-law 2022-90 which implemented the new Recreation & Leisure Services Advisory Committee. Staff recommend that a report be presented to Council by September 2024, which evaluates the effectiveness of the new Recreation & Leisure Services Committee; it being understood that the associated report to Council would consider whether to extend the term for the remainder of the term of Council or whether amendments to the mandate are required which alter the composition of the Recreation & Leisure Services Committee.
Financial Implications The remuneration framework governing Township of South Frontenac committees or boards is outlined in Schedule “F” of the Committee By-law.
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
Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 27 of 109 Township of South Frontenac Staff Report - Committee Appointment: Heritage Advisory Committee, Lake Ecosystem Advisory Committee and Recreation & Leisure Services Advisory Committee
Municipal Solicitor Manager of Recreation and Facilities
Attachments Exhibit A – By-law 2023-04 - Committee By-law
Approvals Submitted By:
James Thompson Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 28 of 109
Committee By-law By-law 2023-04
“A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Corporation of The Township of South Frontenac”
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
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Township of South Frontenac By-Law 2023-04 A By-Law To Define The Mandate And Meeting Procedures For Committees Established By The Township of South Frontenac Passed: January 31, 2023 Whereas By-law 2017-76, ‘Procedure By-law’ establishes the rules and procedures under which Council and Committees of Council are to operate; and, Whereas Council has established committees and boards that are comprised of both members of the public and members of Council; Now Therefore Be It Resolved That the Council of The Corporation of the Township of South Frontenac enacts as follows: 1.0 Application of the Committee By-law 1.1 Code of Conduct Excluding the membership of the Police Services Board, all members of Council and members of the public appointed by the Township of South Frontenac to a board, committee or community committee outlined in the Committee By-law must abide to Bylaw 2019-12, A By-Law to Adopt A Council Code Of Conduct, Complaint Protocol And A Council Staff Relationship Policy And Delegate To The Integrity Commissioner The Authority To Impose Penalties Under The Code Of Conduct. 1.2 Use of Terms; “Agency”, “Board” and “Committee” The use of the terms “Agency”, “Committee” and “Board” shall be used interchangeably for the purpose of the Committee By-law. 2.0 Policy For Creating, Amending or Dissolving a Committee, Sub-Committee or Working Group 2.1 Procedure Council may create a new committee, amend an existing committee and/or its mandate/terms of reference, or dissolve an existing committee in accordance with the following sub-sections. A non-statutory advisory committee shall not extend beyond the term of Council unless the newly elected Council confirms by resolution the continuance of the committee.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
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2.2 Creating a Committee - Council may create a new committee in response to any of the following: (a) Requirements of applicable legislation or regulation (Federal, Provincial or Municipal Bylaw); (b) Changing priorities; (c) To address significant public issues or trends; (d) Where public input is deemed desirable; (e) Recommendation and report by staff; and, (f) Any other reason deemed appropriate by Council. In creating a new committee, Council shall have regard for the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) 2.3
Establishing a clearly defined mandate and terms of reference; Membership and quorum requirements/qualifications; Composition of the committee; Alignment with the Strategic Plan, Departmental goals and objectives; The reporting relationship and frequency of meetings; Public and financial considerations; Staff resources to be made available and the impacts on Township Departments; The need for any sub-committees/working groups; and, Defined timeline for completion of the assigned tasks (i.e. sunset date).
Amending A Committee and/or Its Mandate Amendments to the mandate/terms of reference of a committee may be initiated by Council, by resolution of the committee or by a report and recommendation from staff. The following factors may be considered by Council when amending a committee’s mandate/terms of reference: (a) (b) (c) (d) (e) (f) (g)
Impact of the change on the mandate/terms of reference; Continued relevance of the committee’s purpose and/or function; The degree of public interest; Changes to the applicable legislation or regulations; Changing Council priorities or new issues at Council; Cost analysis and required resources; and, Committee sunset date.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law” 2.4
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Dissolving A Committee The dissolving of a committee may be triggered by any one of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i)
Expiration of the committee term; Completion of the committee’s task or mandate; Effectiveness of the committee’s operations (e.g. frequency of meetings, amount of committee business, number of cancelled meetings); Resolution of the issues that led to the creation of the Committee; The legislative requirement for the committee no longer exists; Merger with another committee; Changing Council priorities; Recommendation by the committee by resolution; and, Report and recommendation by staff.
All committees created by Council will be formally dissolved by a Council resolution that is implemented through amendments to this By-law as necessary. 2.5 Establishment of Sub-Committees/Working Groups If it is the desire of the majority of a Committee to establish a Sub-Committee/Working Group, a recommendation must be made to Council, either directly or through the appropriate Committee for approval of the creation of the Sub-Committee/Working Group. Included with the recommendation for the establishment of the Sub-Committee/Working Group must be information with respect to: (a) (b) (c) (d) (e) (f)
The Sub-Committee/Working Group mandate/terms of reference; The number of members; The composition of membership, including members of the public and staff, if applicable, and how members are to be recruited; The reporting structure; The staff and other resources to be made available; and, A start and finish date.
A Sub-Committee/Working Group may also be appointed directly by Council. Sub-Committee/Working Group authorizations must be reviewed annually by Council.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
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3.0 Criteria to Serve on Committee Citizen appointees to committees listed in this By-law must be at least 18 years or older, a resident/business owner in the Township, and be one of the following: •
Canadian Citizen, or
•
Permanent Resident, a person who has been given permanent resident status by immigrating to Canada but is not a Canadian Citizen, and has resided in the Township of South Frontenac for at least one year.
Appointees must maintain residence in the Township of South Frontenac for the duration of their term. All appointments made to agencies, boards and commissions listed in Schedule B, C and D must be made in accordance with the rules established by their governing body. 3.1 Term of Appointment (a)
Committee members will continue to serve on a committee past the expiration of their term until they are replaced. All Council membership on all Committees end on November 14 of a municipal election year.
(b)
Terms of office and membership on some external boards / commissions / authorities or quasi-judicial committees must be in accordance with this By-Law unless the term of office is established under statute, legislation or relevant governing body.
(c)
The term of appointment is defined by the Committee By-law and confirmed by a resolution of Council.
(d)
Renewed membership on a committee is not automatic, any member of the public who wishes to serve for an additional term must submit the approved application form or provide a letter which includes the necessary information in order to be considered for re-appointment.
3.2 Retention of Applications to Serve on Committees Applications from members of the public who are not appointed during the regular appointment process will be kept on file in the Clerk’s Department for a period of one year from the date of submission. If a vacancy occurs on a Committee within one year, the applicants who applied to serve on that Committee and were not appointed will be contacted and asked if they are still interested in serving. Names of those who continue to have an interest to serve on the Committee will be submitted to Council for consideration to fill the vacancy. The Clerk’s Department will readvertise the vacancy if necessary.
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General Provisions Governing Committees Outlined in Schedule A and Schedule C Except as otherwise provided for in this by-law, all Committees outlined in Schedule A and Schedule C of this By-law must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting.
4.1 Role of the Clerk or Deputy Clerk The Clerk or Deputy Clerk shall provide administrative and legislative support to the Committee as well as conduct their duties in accordance of the Municipal Act and all other relevant legislation. Resolutions from Committees outlined in Schedule A will be referred to Council by the Clerk or Deputy Clerk. 4.2 Absenteeism (a)
If a member of a Committee is absent for three (3) consecutive meetings without cause acceptable to the Committee, the absences will be brought to the attention of the Clerk.
(b)
The Clerk will contact the absent committee member to discuss the reasons for absenteeism and to determine whether the member wishes to provide a letter of resignation.
(c)
Upon confirmation that the member will no longer be serving on the Committee, the Clerk will notify Council of the vacancy and the need for a replacement. If a member indicates the desire to continue to serve on the Committee, the member will be advised that attendance is required, or the member will be removed from the Committee.
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4.3 Mayor as Ex-Officio Member of Committees and Council Member Participation Note: Section 4.3. applies exclusively to Committees outlined in Schedule A of the By-law (a)
The Mayor of the Council is ex officio a member of every Committee;
(b)
Where a Committee is established by reference to a particular number of members without specifically providing for the membership of the Mayor of the Council, such number is automatically increased by one, being the Mayor of the Council, as provided under (a) above, when the Mayor is present, and all members of the Committee are present. In those instances when all members are not present, the Mayor’s attendance replaces an absent member and the membership number is not automatically increased by one.
(c)
The Mayor is able to participate in the business of the Committee without any restriction including voting.
(d)
Members of Council are entitled to attend a meeting of a committee that they have not been appointed to but cannot participate in deliberations or vote. Attendance by non-committee members will not be compensated.
4.4 Agenda The Agenda of every committee outlined in Schedule A and Schedule C of this By-law will be structured as follows: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13)
Call to Order Approval of the Agenda Confirmation of Minutes Disclosure of Pecuniary Interest Delegations Briefings Business Motions Notices of Motion Correspondence Questions of Clarity (from the public on outcome of agenda items) Date of Next Meeting Adjournment *Abeyance List
4.5 Agenda Distribution Agendas will be circulated to Committee members and posted on the Township of South Frontenac Website (Civic Web Portal) by 3:00 p.m., the Friday prior to the Committee meeting.
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4.6 Motions on Committee Agendas Motions must be in the hands of the Clerk by 12:00 noon one week prior to the regular Committee meeting for inclusion in the Agenda. 4.7 Election of Officers Each Committee will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 4.8 Delegations a)
Delegations shall self-register by completing the Delegation Request Form on the Township website and submitting it to the Clerk before 4:00 p.m. two days prior to the Meeting at which the Delegation desires to be heard. Delegations may not be registered by a third party.
b)
A maximum of three (3) Delegations may address a Committee during a meeting. Additional Delegations may be permitted by an affirmative vote of the majority of the Committee Members present and voting on the matter. Such a Motion shall be decided without debate.
c)
Notwithstanding 4.8.b, two (2) additional Delegations may speak to a matter related to the Committee mandate but not included on the agenda provided that they register in writing with the Clerk’s Department by noon the Thursday prior to the committee meeting.
d)
Delegations must provide any material to be presented to the Clerk before 4:00 p.m., two days prior to the Committee Meeting at which the Delegation desires to address the Committee.
e)
Each Delegation shall have a maximum of five (5) minutes to address the Committee. The allotted time may be used by one (1) or more persons, as decided by the Delegation.
f)
Committee members shall not pose questions to staff during a Delegation.
g)
Delegations shall be permitted on the following topics: i.
ii.
a planning or road closure application before the Council, Committee of the Whole, County Council or the Committee of Adjustment; any matter that is not within the jurisdiction of Council or Committee, as determined by the Chair in consultation with the Clerk.
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4.9 Briefings Briefings provided by representatives acting on behalf of the Township of South Frontenac shall be permitted with respect to any item on the Agenda. Briefings shall be limited to ten (10) minutes, unless an extension has been recommended by the Chief Administrative Officer to the Clerk due to the importance of the subject. 4.10 Public Participation - Public Meetings Members of the public may address the Committee during a public meeting for a maximum of five (5) minutes. Members of the public must provide their name and address prior to commencing their statement. 4.11 Order of Debate/Deliberation i. ii. iii. iv. v.
Introduction of Business Item (Typically by Staff) Questions from the Committee Put Motion on the Floor Deliberations Vote
4.12 Location of Meetings Committee meetings are held in the Council Chamber at the Town Hall, 4432 George Street, Sydenham unless otherwise advertised. 4.14 Virtual Participation – Committee Members Committee members are expected to attend meetings in person. If a Committee Member is either ill or away from the municipality they may participate virtually in the meeting provided that they have made arrangements with the Clerk’s Department prior to the meeting. Members of the public may participate in meetings virtually. 4.15 Clauses Lost or Deferred at Committee Meetings (a)
Items rejected by any Committee must be reported to Council with a “negative recommendation”, allowing Council the opportunity to discuss the item.
(b)
Motions that result in a tied vote at a Committee meeting must be reported to Council with no recommendation to allow Council the opportunity to discuss and make a decision.
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5.0 General Provisions Governing The Committee of Adjustment Except as otherwise provided for in this by-law, the Committee of Adjustment must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting. 5.1 Absenteeism (a)
If a member of the Committee of Adjustment is absent for three (3) consecutive meetings without cause acceptable to the Committee, the absences will be brought to the attention of the Clerk.
(b)
The Clerk will contact the absent committee member to discuss the reasons for absenteeism and to determine whether the member wishes to provide a letter of resignation.
(c)
Upon confirmation that the member will no longer be serving on the Committee, the Clerk will notify Council of the vacancy and the need for a replacement. If a member indicates the desire to continue to serve on the Committee, the member will be advised that attendance is required, or the member will be removed from the Committee.
5.2 Agenda The Agenda of the Committee of Adjustment will be structured as follows:
- Call to Order
- Adoption of Agenda
- Electronic Meeting Information
- Declaration of Pecuniary Interest
- Approval of Minutes
- Consent Applications from a previous meeting (if applicable)
- New Consent Applications
- Minor Variance / Permission Applications from a previous meeting (if applicable)
- New Minor Variance / Permission applications
- Other Business
- Adjournment 5.3 Agenda Distribution Agendas will be circulated to Committee of Adjustment members and posted on the Township of South Frontenac Website (Civic Web Portal) by 4:00 p.m., the Friday prior to the Committee meeting.
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5.4 Election of Officers The Committee of Adjustment will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 5.5 Location of Meetings Committee of Adjustment meetings are held in the Council Chamber at the Town Hall, 4432 George Street, Sydenham unless otherwise advertised. 5.6 Virtual Participation – Committee Members Committee members are expected to attend meetings in person. If a Committee Member is either ill or away from the municipality, they may participate virtually in the meeting provided that they have made arrangements with the Clerk’s Department prior to the meeting. Applicants and their agents as well as members of the public may participate virtually. 5.7 Duties and Responsibilities (a)
Chair • Presides at all Committee of Adjustment hearings and meetings and exercises authority and performs duties as required. • Provides guidance and leadership to the Committee in the completion of its mandate. • Ensures that decorum is maintained at each hearing and meeting and that rules of procedure and conduct are observed.
(b)
Vice Chair • Acts in the Chair’s absence and assumes the roles and responsibilities of the Chair.
(c)
Committee Members • Review applications sent to them in advance of the hearing. • Visit the site of applications prior to the hearing. • Attend Committee of Adjustment hearings, consider applicant, agency and public comments, make decisions in public regarding applications and sign the decisions. • Contribute time, knowledge, skill and expertise to fulfill the Committee mandate. • Are cognizant of any conflict of interest or perceived conflict in terms of issues that may serve to benefit them personally. • Act to protect the privacy of individuals with respect to personal information contained in application forms and information circulated to the Committee and to ensure that personal information is used solely for the processing of the application.
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(d)
Secretary-Treasurer (non-voting position) • Provides administrative and legislative support • Review all applications for processing • Distribute the agenda and public notice • Record and circulate the minutes • Issue decisions
(e)
Senior Planner and Planner (non-voting position) • Act as subject matter expert and provide information to assist the Committee of Adjustment in reaching decision. • Prepare reports outlining the consistency and conformity with relevant planning policies and provide a recommendation on each application to the Committee.
6.0 General Provisions Governing Community Committees Outlined in Schedule E Except as otherwise provided for in this by-law, all Community Committees outlined in Schedule E must conform to the rules governing the procedures of a meeting of Council as outlined in the ‘Procedure By-Law’. The rules of procedure outlined in the ‘Procedure By-Law’ can be suspended by a majority affirmative vote of the members of a Committee who are present and voting. The rules of this By-Law can be suspended by a majority affirmative vote of the members of a Committee (excluding the Committee of the Whole) who are present and voting. 6.1 Appointment of Recording Secretary Each Community Committee must appoint a Recording Secretary at the first meeting of each year. The Community Committee must provide the Clerk’s Department with the name and contact information of the Recording Secretary. 6.2 Role of the Recording Secretary The Recording Secretary will conduct their duties in accordance of the Municipal Act and all other relevant legislation. The Recording Secretary will prepare an agenda utilizing the agenda template provided by the Clerk’s Department in accordance to Sections 6.3. and 6.4. of this By-law. The Recording Secretary will produce Minutes in accordance to Section 6.4. of this Bylaw which include attendance, a summary of discussions, all resolutions, decisions and other proceedings utilizing the minutes template provided by the Clerk’s Department. It is the responsibility of the Recording Secretary to report to Council on all matters connected with their duties or referred to them by the Council.
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6.3 Agenda The Agenda of every Community Committee outlined in Schedule E of this By-law will be structured as follows: 1) 2) 3) 4) 5) 6) 7) 8)
Call to Order Approval of the Agenda Confirmation of Minutes Disclosure of Pecuniary Interest Business Correspondence Date of Next Meeting Adjournment
6.4 Agenda and Minutes Process Community Committee agendas must be posted on the Events Calendar on the Township of South Frontenac Website by 2:00 p.m. of the Friday the week prior to the meeting. Note: The agenda will be posted by the Township Communications Officer. Community Committee minutes are to be provided to the Clerk’s Department within one week of the meeting for inclusion in the Council Agenda. 6.5 Election of Officers Each Committee will meet as soon as possible after the day of the inaugural meeting of Council and/or in December each subsequent calendar year to formulate its recommendations regarding Chair and Vice-Chair from its membership for a term commencing December 1st and terminating November 30th or until a successor is appointed. For the purpose of clarity, a member of the Committee who served as Committee Chair or Vice-Chair may be reappointed as Committee Chair or Vice-Chair. 6.6 Order of Debate/Deliberation i. ii. iii. iv. v.
Introduction of Business Item Questions from the Committee Put Motion on the Floor Deliberations Vote
6.7 Location of Meetings – Open to the Public The location of the meeting will be determined by the respective Community Committee. It being understood that the meeting is to be held in a facility that is both accessible and open to the public.
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6.7 Financial Administration (a) All cash revenues and expenditures either raised by the Community Committee or approved by the Community Committee, can flow through a separate set of accounts in the Township subledger, however the Township is not responsible for approvals of these funds. (b) If at any time any of the revenues or expenditures are in contravention of the Municipal legislation, the Township will notify the Community Committee and not issue payments or accept any payments. (c) No Community Committee may contract or utilize the Township resources without prior approval from the relevant Township of South Frontenac director(s). 7.
Committee Terms of Reference and Composition
8.0 Committees Reporting to Council – Schedule ‘A’ 8.1 The composition and terms of reference for Committees Reporting to Council established by the Township of South Frontenac are in accordance with Schedule “A”, attached hereto and forming a part of this By-Law. 8.2 Committees defined under Schedule “A” are supported by the Clerk’s Department. 9.0 Agencies and Boards With Council Appointees – Schedule ‘B’ 9.1 The Agencies and Boards to which Council makes appointments, but are not Committees of Council, are included in Schedule ‘B’, attached hereto and forming a part of this ByLaw. These Committees are bound by the rules established by their governing body. 10.0 Legislated Committees and Boards – Schedule ‘C’ 10.1 The composition and terms of reference for Legislated Committees and Boards are in accordance with Schedule “C”, attached hereto and forming a part of this By-Law. 10.2 Committees defined under Schedule “C” are supported by the Clerk’s Department. 11. Committee of Adjustment – Schedule ‘D’ 11.1 The composition and terms of reference for the Committee of Adjustment are in accordance with Schedule “D”, attached hereto and forming a part of this By-Law. 11.2 The Committee of Adjustment is supported by the Secretary-Treasurer. 12. Community Committees – Schedule ‘E’ 12.1 The composition and terms of reference for Community Committees are in accordance with Schedule “E”, attached hereto and forming a part of this By-Law. 12.2 Committees defined under Schedule “E” are primarily supported by the Recording Secretary.
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- Remuneration – Citizen Appointments 13.1 Committee Members are entitled to remuneration in accordance with Schedule “F” attached hereto and forming a part of this By-Law. It being understood that remuneration for members of Council is governed by By-law 2007-15, “A By-Law to Provide for the Remuneration for Members of Council” as updated by resolutions 2018-18-06 and 201918-17. 13.2 Committee Members are required to submit documentation provided by the Township of South Frontenac on a monthly basis to the Clerk.
That this By-law shall come into force and take effect upon the date of final passing.
- That all other by-laws, policies and resolutions related to the governance of Township of South Frontenac boards and committees with exception of By-law 2017-76 be repealed. Read a First and Second Time this 31st day of January, 2023. Read a Third Time, Signed, Sealed and Finally Passed this 31st day of January, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Louise Fragnito, Clerk
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Schedule A – Committees Reporting to Council Committee Name: Heritage Advisory Committee Reporting To: Council Composition (As Appointed by Council): One (1) member of Council and between Four (4) and Eight (8) Members of the Public Term of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; January, April, July, October at 1:00 p.m. Mandate/Terms Of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: •
• • • •
• • •
To advise and assist Council on matters relating to Part IV (conservation of properties of architectural and / or cultural heritage value or interest) and Part V (identification of a potential Heritage Conservation District) of the Ontario Heritage Act. Specifically, a Heritage Committee would be engaged: o during the heritage designation process for individual properties and for districts; o on applications to alter heritage designated properties; o on applications to demolish or remove heritage designated properties; o on applications to repeal designation by-law of a heritage designated property. Note: The Committee may only consider applications for the designation of properties under Part IV of the Ontario Heritage Act which have the support of the property owner or as requested by Council. To identify properties and features which have architectural and/or cultural heritage value or interests. To assist with the registration of properties which have been identified as having architectural and / or cultural heritage value or interests. To assist and advise Council on the research, education/training, promotion and celebration of the heritage of South Frontenac and the area’s rural traditions and values. To initiate programs such as interpretive plaques showcasing heritage locations and features, historical walking tours, Doors Open events and similar celebrations of heritage which contribute to the overall sense of place and appeal of South Frontenac as a place to live and visit. To explore financial assistance programs related to the conservation of heritage properties and features. To assist and advise Council on changes to Official Plan policies and Zoning Bylaw regulations related to heritage matters. To assist and advise Council on proposals for adaptive reuse of properties and features having architectural and / or cultural heritage value or interests.
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To facilitate and assist with communication with local and regional heritage interests and the exchange of ideas and expertise through cooperation, partnership and consultation. To prepare an Annual Work Plan and Budget estimates for Council’s consideration. To carry out other assigned duties and responsibilities identified by Council related to heritage matters.
-and furtherTo consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
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Schedule A – Committees Reporting to Council Committee Name: Recreation & Leisure Services Advisory Committee Reporting To: Council Composition (As Appointed by Council): Two (2) members of Council and Nine (9) members of the public Terms of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; February, May, Aug, November at 6:00 p.m. Mandate/Terms of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: • Advise Council in the implementation of the recommendations of the Recreation, Parks, and Leisure Master Plan. This will include an annual review of the recommendations and setting specific goals towards achieving the recommendations. • Act as a conduit between the community and Council. The committee will support and guide residents through the process of successfully presenting ideas and needs to Council. • Assist with the coordination and execution of Township-led events and programs. • Provides input to the annual recreation capital and operating budget from an asset management perspective, prioritizing recommendations for budget inclusion based on actual usage, community needs, and recommendations from the Recreation, Parks, and Leisure Master Plan. • Support community recreation education initiatives, including the annual Community Services and Activity Guide, the Recreation and Leisure Services Fair, and the Annual Volunteer Appreciation program. -and furtherTo consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
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Schedule A – Committees Reporting to Council Committee Name: Lake Ecosystem Advisory Committee Reporting To: Council Composition (As Appointed by Council): Two (2) members of Council and Six (6) representatives from lake associations which have been official endorsed by their respective lake association; it being understood that lake associations be limited to one member and Two (2) members of the public who own and/or reside on a lakeshore property and/or that possess specific knowledge or expertise beneficial to the mandate of the Lake Ecosystem Advisory Committee. Note: One (1) representative from local Conservations Authorities or their designate, at the discretion of that Conservation Authority may support the Committee as a resource. Term of Appointment: Term of Council Meeting Schedule: Fourth Thursday of the following Months; March, June, September, December at 6:00 p.m. Mandate/Terms Of Reference: The Committee shall study and report to Council on matters which include, but are not limited to issues related to: •
• • • • • •
To host an annual Lake Associations Forum where members of local Lake Associations and other lakeshore residents can network with one another other, share best practices, voice common concerns, discuss emerging trends, and provide feedback to the Committee regarding Township policy, strategic plans and budgets; Each year prior to September 30, to compile and provide to Township Council and Senior staff a submission relating to the next year’s budget and strategic plan implementation activities related to the mandate of the Committee; To advise on the development of a Lake Study Grant program, in collaboration with Township staff, for recommendation to Council before the end of 2020; To coordinate the collection of feedback from Lake Associations and other lakeshore owners and residents, as deemed necessary to fulfill its assigned duties and functions; To provide periodic advice or recommendations to the Township on items referred to it by Senior Staff or Township Council; To foster meaningful, respectful and productive working relationships between local Lake Associations, their members, other lakeshore residents, and municipal elected officials and staff; Members may conduct research, analyse information, participate in outreach activities, and undertake other tasks related to the Committee’s mandate; -and further-
To consider such similar matters as may be directed by Council, or referred by the Clerk from time to time.
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Schedule B - Agencies and Boards with Council Appointees 1.
The Cataraqui Region Conservation Authority - 2 members of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Quinte Conservation Authority – 1 member of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Rideau Valley Conservation Authority – 1 member of Council, appointed for the term of Council. This body sets policies and reviews the operations of the Conservation Authority pursuant to the Conservation Authorities Act of Ontario.
The Frontenac Community Area Board - 2 members of Council, appointed for the term of Council. The Board sets policy reviews arena operations and approves monthly financial statements.
The Southern Frontenac Community Services Board - 2 members of Council, appointed for the term of Council. The Board of Directors of Southern Frontenac Community Services, while ultimately responsible for all aspects of the organization’s work and functions, is a governing Board. It is primarily focused on policy direction intended to ensure the continuing capacity to provide the services needed by vulnerable people and families in its catchment area. Note: Members of Council appointed to the Southern Frontenac Community Services Board represent the Township of South Frontenac in an non-voting capacity.
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Schedule C - Legislated Committees Committee Name: Police Services Board Reporting To: Not Applicable Composition (As Appointed by Council): The Mayor, one member of Council, one member of the public and one person appointed by the Lieutenant Governor in Council. Terms of Appointment: Term of Council with the exception of appointments made by the Lieutenant Governor Meeting Schedule: Third Thursday of the following Months; February, May, Aug, November at 9:00 a.m. Additionally, an Annual General Meeting is held annually in November. Mandate/Terms of Reference: Under the Police Services Act, for every municipality that maintains a police force, there is a requirement for a Police Services Board. This Board provides civilian governance of the municipal police force pursuant to the Police Services Act. Its responsibilities include determining objectives and priorities with regard to police services in the municipality and establishing policies for the effective management of the police force.
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Schedule C - Legislated Committees Committee Name: Compliance Audit Committee Reporting To: Clerk Composition: The committee shall be composed of not fewer than three and not more than seven members and shall not include, (a) employees or officers of the municipality or local board; (b) members of the council or local board; (c) any persons who are candidates in the election for which the committee is established; or (d) any persons who are registered third parties in the municipality in the election for which the committee is established. Terms of Appointment: Term of Council Meeting Schedule: As Required Mandate/Terms of Reference: Under the Municipal Elections Act, the Township is required to establish a Compliance Audit Committee. The committee will consider applications from electors who believe that a candidate in the Municipal Election has contravened the campaign finance rules under the Municipal Elections Act. 88.37 (1) A council or local board shall establish a compliance audit committee before October 1 of an election year for the purposes of this Act. 2016, c. 15, s. 66.
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Schedule D – Committee of Adjustment Committee Name: Committee of Adjustment Reporting To:
Not Applicable
Composition (As Appointed by Council): Four (4) members of Council; representative of the four Township Districts and Four (4) members of the public Term of Appointment: Members of Council; Appointed Annually, Members of the Public; Term of Council Meeting Schedule: Second Thursday of the month (February to December) at 6:00 p.m. Mandate/Terms of Reference: The Committee of Adjustment is a quasi-judicial body. As legislated by the Planning Act, the Committee of Adjustment shall hold public hearings and to make decisions on applications for: • Minor variances • Enlargements or extensions of legal non-conforming uses • Consents (severances) Operation The Committee of Adjustment may authorize minor variances from the zoning by-law, permit extensions and enlargements to legal non-conforming uses, and grant consents (severances). Decisions are made considering the following:
- An application for Minor Variance consider the following “four tests”: • Whether the variance is minor; • Whether the variance is desirable for the appropriate development or use of the land, building or structure; • Whether the general intent and purpose of the Zoning By-law is maintained; and • Whether the general intent and purpose of the Official Plan is maintained. The Committee may impose conditions in authorizing a minor variance.
- An application for permission to enlarge or extend a building or structure that is a legal non-conforming use, or for a change in legal non-conforming use, consider the following tests: • Whether the enlargement is desirable for the appropriate development or use of the land, building or structure; and • Whether the enlargement would have an adverse impact on the neighbourhood The Committee may impose conditions in permitting an enlargement to a legal non-conforming use.
- An application for Consent to Sever a property or for any agreement, mortgage or lease that extends for more than 21 years under Section 53 of the Planning Act: • Must have regard to the same matters as for a Plan of Subdivision when considering an Application for Consent (s.51(24)); • The Committee may impose conditions to the approval of a severance.
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- Applications for Validation of Title and Power of Sale;
- Having regard to Provincial Policy Statements (PPS), the County of Frontenac Official Plan and the South Frontenac Official Plan and Zoning By-law.
- The Committee shall follow the Township of South Frontenac Committee By-law and Council Procedure By-law. Notice A ‘notice of the decision’ is circulated following the meeting and all Committee of Adjustment decisions made under the Planning Act are subject to appeal to the Local Planning Appeal Tribunal. The Committee must also satisfy requirements concerning notice, public hearings, notice of decisions and recording of proceedings. No third party appeals are accepted pursuant to Bill 23. Hearings The goal of the Committee of Adjustment is to provide for and conduct a fair hearing by: • Allowing anyone wishing to speak to an application an opportunity to do so. • Giving due diligence to the consideration of each application. • Openly having all discussions about each application and making all decisions in public at the hearing. • Making rational decisions with appropriate, well-thought-out conditions. • Clearly stating the reasons for the decisions. Quorum Notwithstanding the South Frontenac Township Procedure By-law, consistent with the Planning Act, three members constitute a quorum for consent, minor variance, and legal non-conforming use applications. Voting Voting is by simple majority on the application. A tie vote means the application is refused.
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Schedule E - Community Committees 1.
The Battersea Pumpkin Festival – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the organization of the annual festival.
The Bellrock Community Hall Committee– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the operation of the Bellrock Community Hall.
The Harrowsmith Beautification Committee – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee will act as an executive committee, working with other committees (Harrowsmith and District Social and Athletic Club) and individuals who volunteer to assist with events sponsored by the Committee.
The Portland Community Caring– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This his Community Committee is responsible for the operation of the Hartington Community Caring Centre Second Hand Store.
The South Frontenac Museum Board– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee is responsible for the operation of the South Frontenac Museum.
The South Frontenac Rides – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. This Community Committee works to promote cycling within South Frontenac Township.
The Verona Community Association – 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council. The Community Committee promotes community involvement and welfare.
The Verona Medical Center– 1 member of Council, appointed for the term of Council. Members of the public are appointed by Council for the term of Council.
Township of South Frontenac By-Law Number 2023-04 “Committee By-law”
PagePage 26 of53 26of 109
Schedule F – Remuneration Schedule Committee or Board
Meeting and Associated Site Visits
Mileage
Other
(Includes Mileage for Site Visits and Meeting)
Heritage Advisory Committee
50.00 (Meeting)
0.55 per KM
Not Applicable
Lake Ecosystem Advisory Committee
50.00
0.55 per KM
Not Applicable
Recreation & Leisure Services Advisory Committee
50.00
0.55 per KM
Not Applicable
Police Services Board
Not Applicable
Not Applicable
600.00
50.00 (Total: Site Visits Associated with Meeting)
Honorarium (Applies to NonMembers of Council)
Committee of Adjustment
50.00 (Meeting)
0.55 per KM
Not Applicable
Not Applicable
Not Applicable
50.00 (Total: Site Visits Associated with Meeting)
Community Committees
Not Applicable
Page 54 of 109
To: Council Prepared by: Office of the Clerk Date of Meeting: February 7, 2023 Subject: 2023 Meeting Schedule
Summary The purpose of the report is to provide Council with background information and recommend adoption of the 2023 meeting schedule for Council, Committee of the Whole, advisory committees and legislated committees. recognizable to the public.
Recommendation
That the 2023 schedule of meetings of Council, Committee of the Whole, advisory committees and legislated committees, attached as Exhibit A to the Report, be approved; and That notwithstanding the regularly scheduled Council and Lake Ecosystem Advisory Committee meeting dates, Council approve the following meeting dates: Schedule Adjustments: • • • •
July 4, Council meeting rescheduled to July 11; August 1, Council meeting rescheduled to August 15; August 17, Police Services Board Meeting rescheduled to August 10; and December 28, Lake Ecosystem Advisory Committee meeting rescheduled to December 7.
Background The respective meeting schedule for Council, Committee of the Whole, advisory committees and legislated committees is governed by By-law 2017-76, as amended and By-law 2023-04.
Discussion/Analysis With the exception of four meetings, the proposed 2023 meeting schedule, attached as Exhibit A to the Report, reflects the meeting schedule prescribed in the Council Procedure By-law and Committee By-law. To accommodate public holidays occurring in July and August as well as seasonal holidays staff are suggesting that the July 4, 2023 Council meeting be rescheduled to July 11, 2023, the August 1, 2023 Council meeting be rescheduled to August 15, 2023 and the December www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 55 of 109 Township of South Frontenac Staff Report - 2023 Meeting Schedule
28, 2023 Lake Ecosystem Advisory Committee meeting be rescheduled to December 7, 2023. Additionally, it is suggested that the August 17, 2023 Police Services Board meeting be rescheduled to August 10, 2023 to accommodate a scheduling conflict. The 2023 meeting schedule will be posted to the Township of South Frontenac website upon approval.
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 Exhibit A – 2023 Meeting Schedule
Approvals Submitted By:
James Thompson Clerk
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 56 of 109
2023 Meeting Schedule
JANUARY 2023 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S
S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S
M
APRIL 2023 T W T
M
JULY 2023 T W T
F
F
S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 OCTOBER 2023 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
FEBRUARY 2023 T W T F S 1 2 3 4 6 7 8 9 10 11 13 14 15 16 17 18 20 21 22 23 24 25 27 28
MARCH 2023 T W T 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30
F S 3 4 10 11 17 18 24 25 31
MAY 2023 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
JUNE 2023 T W T 1 6 7 8 13 14 15 20 21 22 27 28 29
F S 2 3 9 10 16 17 23 24 30
S 5 12 19 26
S 6 13 20 27
S 5 12 19 26
M
S
S
M
M
4 5 11 12 18 19 25 26
AUGUST 2023 T W T F S 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 31
SEPTEMBER 2023 T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
NOVEMBER 2023 M T W T F S 1 2 3 4 6 7 8 9 10 11 13 14 15 16 17 18 20 21 22 23 24 25 27 28 29 30
DECEMBER 2023 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
M
LEGEND
S
M
Holiday
Police Services Board
Council Meeting
Lake Ecosystem Advisory Committee
Committee of the Whole
Heritage Advisory Committee
Committee of Adjustment
Recreation Advisory Committee
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s
To: Council Prepared by: Public Services Department Date of Meeting: February 7, 2023 Subject: Light Duty Vehicle Colour
Summary This report provides information on the current paint scheme for light duty vehicles and seeks approval to proceed with white coloured light duty vehicles with a vinyl vehicle wrap of the brand pattern above the rear wheels in orange to keep Township staff and trucks recognizable to the public.
Recommendation That Council support changing the colour of light duty vehicles from orange to white with an orange vinyl vehicle wrap above the rear wheels using the brand pattern.
Background All light duty vehicles in the Townships fleet are currently a solid Omaha orange colour. The custom paint colour is a special order that comes with a cost increase and potential delay on the assembly line from the manufacturer. Public Services staff are also having issues with worker visibility on jobsites as the personal protective safety garments worn by staff are the same colour as the work vehicles.
Discussion/Analysis Since the start of the pandemic it has been very challenging to procure light duty vehicles. Even with the pandemic behind us the vehicle market is still showing availability issues and long delivery times for ordering new vehicles. The Omaha orange paint colour for the Township light duty vehicles comes with a cost increase for the custom paint colour and delays from the manufacturer on the assembly line. Moving to a standard colour, such as white, from the manufacture would provide a cost savings to the Township and improve availability and delivery times on light duty vehicles. In the fall of 2022, the Township received a field visit report from the Ministry of Laboure stating that there wasn’t enough contrast or visual indication of worker movement between our employees performing traffic control in orange safety garments and the orange www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 58 of 109 Township of South Frontenac Staff Report - Light Duty Vehicle Colour
vehicles. The report stated: “worker visibility is enhanced by high contrast between the clothing and the work environment against which it is seen”. Most of the safety garments and personal protective equipment worn by Township staff are the hi-visibility orange colour which will contrast better against a white vehicle. Due to the increase in availability, cost savings, and improved worker safety from the visibility contrast, Public Services is recommending the Township proceed with a standard white colour for light duty vehicles with a vinyl vehicle wrap of the brand pattern above the rear tire following the Townships brand guidelines. The brand pattern and colour on the rear quarter of the vehicle would keep Township staff recognizable to the public without compromising safety. The heavy duty plow trucks will still need to be Omaha Orange colour for visibility in the winter against the white snow.
Financial Implications Purchasing standard white vehicles and having a vinyl vehicle wrap of the brand pattern installed after we have purchased the vehicle will provide a cost savings on the purchase price of the vehicle. The vehicle wrapping can be removed before the vehicle is sold from the fleet which will also increase resale value.
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:
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 •
Manager of Operations & Fleet
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 59 of 109 Township of South Frontenac Staff Report - Light Duty Vehicle Colour
Attachments None
Approvals Submitted By:
Kyle Bolton, C.E.T. Director of Public Services
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 60 of 109
To: Council Prepared by: Development Services Department Date of Meeting: February 7, 2023 Subject:
Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan
Summary Staff are seeking support from Council to proceed with public consultation and a revised schedule to adopt the new Official Plan. Open houses and statutory public meetings are legislated requirements and provide an opportunity for public input and comment on Official Plan policy direction.
Recommendation THAT Council endorse the schedule to consider the adoption of the Official Plan and provide for public consultation; and THAT Council direct staff to engage the Heritage Committee and Lake Ecosystems Committee for input and comment; and THAT Council direct staff to schedule In-person Open House, and Statutory Public Meeting to facilitate public consultation.
Background Staff are providing a revised schedule based on feedback from Council on January 31, 2023. Additional text has been included in the tax bill mail out to inform residents about the importance of Official Plan policy and how it provides direction on land use decision making (see Attachment 1). In reviewing the scheduling of OP sessions, an additional session has been added on April 11th, 2023. This date will provide Council with answers to the questions provided at the January 31st Council meeting along with providing all the open house materials including maps and appendices that will be displayed on poster boards, along with a presentation. Council will have an opportunity to review all the materials and ask any additional questions. The Verona Lions Hall has been selected to host an in-person Open House on April 25th, 2023. The Storrington Centre will be the location of a second in-person Open House on May 23rd, 2023. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 61 of 109 Township of South Frontenac Staff Report – Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan
Under the Planning Act, the Statutory Public Meeting and an Open House are to be no more than seven (7) days apart. Therefore, the Statutory Public Meeting is scheduled for May 30th, 2023, in Council chambers. Revised Schedule for Adoption of the New Official Plan. Date Official Plan Task March 2023 Notice of Open Houses/Statutory Public Meeting into tax bill mail out February - April Consultation with committees and organizations: 2023
- Lake Ecosystem Committee
- Heritage Committee
- Frontenac Federation of Agriculture April 11th, 2023 Presentation to Council including Open House Materials April 25th, 2023 In-person Open House - Verona Lions Hall May 23rd, 2023 In-person Open House - Storrington Centre, Sunbury May 30th, 2023 Statutory Public Meeting (virtual option) Summer 2023 Official Plan Review Team prepares final draft of Official Plan for Council Fall 2023 Recommendation Report for Adoption of new Official Plan to Council Fall 2023 Forward new Official Plan to County Council for Approval The proposed schedule allows sufficient time for Dillon Consulting and planning staff to consider comments received from Council, committees, organizations, and the public in 2023 and bring back a recommendation report in Fall 2023.
Financial Implications The preparation of the Official Plan is an already budgeted expense.
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: Official Plan supports complete communities and innovative rural development
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 62 of 109 Township of South Frontenac Staff Report – Public Consultation and Schedule of Adoption of the New South Frontenac Official Plan
The Official Plan includes draft policies related to sustainability and climate change. It provides a framework for the Township to prepare a climate change action plan.
Notice/Consultation The following staff have been consulted in the preparation of this report: • • • •
Sarah Cadue, Planner Christine Woods, Senior Planner Dillon Consulting Team – Rory Baksh, Kelly Martel, Megan Reddy Joe Gallivan and Sonya Bolton, Frontenac County Planning and Development
Attachments Attachment 1: Official Plan Open House Flyer Insert for Tax Bill
Approvals Submitted By:
Brad Wright 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 63 of 109
Official Plan Open Houses We want your input on the new Official Plan!
The Official Plan is a key document that guides growth and development in the Township. It includes policies to facilitate housing and economic development and protect important assets such as lakes, the natural environment, and agricultural lands. Your input is critical to inform policy direction. Join us at one of these sessions to learn more about the process, what’s in the plan and to share your feedback.
Tuesday, April 25, 2023 – 7:00 pm (In Person) Verona Lions Hall, 4504 Sand Road, Verona Tuesday, May 23, 2023 – 7:00 pm (In Person) Storrington Centre - 3910 Battersea Road, Sunbury Tuesday, May 30, 2023 – 7 pm (Virtual and In Person) Statutory Public Meeting South Frontenac Council Chambers - 4432 George St, Sydenham
See the Official Plan project page on engagefrontenac.ca for project background, updates and virtual meeting links If you are unable to attend a session, you can also provide feedback on the site.
For more information, contact Brad Wright, Director of Development Services 613-376-3027x2235 officialplan@southfrontenac.net
│
Page 64 of 109
What is the Official Plan?
The Official Plan is an important document that directs how growth and development will occur in the Township. The last time the Plan was updated in South Frontenac was in 2003. This graphic shows the various planning tools used by the Province and municipalities. You can see the Official Plan is a key tool to set the broad direction for local planning, including zoning by-laws, minor variances and more.
Planning Act Provincial Policy Statement County Official Plan
Local Official Plan Zoning By-laws Land division Site plan control Minor variances
Who is affected by the Official Plan?
The Official Plan affects everyone in South Frontenac, whether you are a farmer who wants to expand your farm operation, own property on a lake, or live in one of our hamlets and villages and have an interest in how they develop and grow. That’s why it’s important for everyone to come out to learn about what’s in the plan, and how it may affect them.
I’ve heard a lot about Bill 23. What is it and how will it affect the Official Plan?
Bill 23, better known as the More Homes Built Faster Act was passed on Nov 29, 2022 by the provincial government to support the goal of building 1.5 million homes over the next 10 years. Bill 23 has sweeping impacts for development in our region, as well as potential environmental impacts. The new Official Plan will include changes to meet the new legislation. You can learn more about these impacts and changes at the open houses.
Why is it important to attend?
While our project page on engagefrontenac.ca will help everyone stay informed on the latest updates, an Open House provides an opportunity to ask questions and provide feedback. Finally, as some of the proposed changes are required under the Planning Act, Bill 23 and other legislation, the meeting will help you understand what changes we don’t have any control over, and where the Township has flexibility to set our own course for development.
Page 65 of 109
probs
To: Council Prepared by: Public Services Department Date of Meeting: February 7, 2023 Subject: Bellrock and Petworth Mills Update
Summary This report provides information on the condition of the Bellrock and Petworth Mills sites and seeks approval to proceed with next steps.
Recommendation That Council approve the design of the structural demolition of the Bellrock and Petworth Mill sites along with the park space design of the sites.
Background In the fall of 2022, Public Services had WSP perform a visual assessment of the two sites to provide a preliminary review of their current condition and rough estimates of preservation options.
Discussion/Analysis Bellrock Mill Due to the rot and deterioration, the structural framing of the building has been compromised. Sagging beams are visible and portions of the walls are leaning or shifted. The main roof support in one section has failed and the roof has collapsed into the building. It is noted in the WSP report that any intent to restore the structure that could be visited by the public would require that current fire and building codes to be met. Estimates to restore the structure range from $1,243,750 for new construction to $2,238,750 for a typical heritage restoration. There is still mill equipment inside the structure that could potentially be salvaged for use as artifacts. The recreation master plan recommends developing the Bellrock Mill site as a parkette and living museum. However due to the current state of the Mill, it is recommended to move forward with developing the site as a parkette and coordinate with the South Frontenac Museum in relation to salvaging any mill equipment in the structure.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 66 of 109 Township of South Frontenac Staff Report - Bellrock and Petworth Mills Update
Petworth Mill The WSP report confirms that the stone structure is to the point where it could only be preserved as a free-standing ruin. A significant portion of the jointing mortar is gone and there is no capping on the top of the wall which is contributing to the deterioration. The walls are currently leaning and there is risk associated with the wall falling. To preserve a section of the wall as a ruin would require structural steel supports to stabilize the wall, new joint mortar, and the installation of a cap to keep the water out of the wall. The high level estimate for this type of preservation would be $800,000. It is also noted in the report that reoccurring maintenance would be required on the joint mortar and cap in 10-20 year intervals with an estimated cost of $476,225. The recreation master plan recommends developing the Petworth Mill as a parkette with historical signage and seating area. If a portion of the wall was preserved as a ruin it could be possible to hang or install museum artifacts on it for display. After review of the report staff is recommending the following next steps: • •
• •
Determine if a wall at the Petworth site will be preserved as a ruin. Proceed with the design and demolition of the two sites to eliminate the risk of them falling. The wood and stone from the sites could be reclaimed and repurposed on site or other township projects if required. Investigate and preserve any salvageable equipment in the Bellrock Mill. Engage a consultant and conservation authority for design of park spaces at both sites.
Based on the WSP report, staff is recommending the demolition of the structure and to develop the site as a parkette.
Financial Implications The cost for consulting engineers to design the structural demolition and park space design of the two sites can be funded form the existing carry over projects. An amount of $140,000 was budgeted with remaining funds of $121,027. Cost for the demolition and reclamation of any materials from the two sites and the creation of the parkettes would need to be funded from a future capital project(s).
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:
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 67 of 109 Township of South Frontenac Staff Report - Bellrock and Petworth Mills Update
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 •
Manager of Recreation and Facilities
Attachments Appendix A – WSP Report
Approvals Submitted By:
Kyle Bolton, C.E.T. Director of Public Services
Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 68 of 109
December 15, 2022 VIA EMAIL jbrash@southrontenac.net
Township of South Frontenac 4432 George St., Box 100 Sydenham, ON K0H 2T0 Attention: Mr. Jamie Brash Dear Jamie: Subject: Petworth and Bellrock Mills WSP was requested to review two mill sites in the Township of South Frontenac located in Petworth and Bellrock. Andy Huctwith P.Eng CAHP met Jamie Brash at the sites on October 26, 2022 and a brief visual inspection was completed. The intent was not a detailed assessment or alternatives but rather a preliminary review of the potential issues and rough magnitude of budgets required to consider restoration or stabilization of the mills based on past experience. The undersigned was chosen to visit the sites as I have worked in the restoration industry for thirty years including work on Municipally designated buildings, National Historic sites as well as FHBRO designated and classified heritage buildings. Over the years we have been involved in many restoration projects including all forms of wood and stone buildings and the restorations in general are driven by two factors. The asset is either of such historical significance that it must be restored (e.g. Parliament Hill and many lesser assets) or there is a good use and purpose. Even with a good use and purpose a source of funds and people committed to the restoration is required. Many times, the final use and constraints (and the cost of those constraints) are not considered, and this is particularly the case when the buildings use includes public access. I will describe some issues with the condition of the buildings and as to why I do not believe they are in good condition. I then will provide some indication of costs and considerations. All estimates are only intended to be in the order of magnitude and the scope for each is not based on an exhaustive study but rather a brief visit to each mill. Currently the access to the buildings is fenced and this should be maintained, and no one should enter the buildings as there is a liability to the township. Petworth Mill The deterioration of the Petworth Mill has progressed to the point where it is a ruin, and its future use was assumed to not include recreating any significant portion of the building that is lost. Portions of three walls are standing and there is risk to the roadway that the one wall could fall on the adjacent roadway. The township will have to assess how long they want to tolerate this liability, but it should be addressed. The stability of freestanding walls is based on the lateral loads and the self weight of the structure. Modern codes would require reinforcing for ductility that these walls do not have. That said the building authority has some latitude for exemptions to the code based on heritage but this I would suggest is not a good candidate for exemptions and there is an additional associated liability with granting these exemptions. Regardless of the code requirements that are not met from a pure condition point of view as a free-standing ruin the following creates concern: 201-1224 Gardiners Road Kingston, ON Canada K7P 0G2
T: +1 613 634-7373 F: +1 613 634-3523 wsp.com
WSP Canada Group Limited
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The joints have lost their exterior pointing mortar in most if not all of the structure which effects both strength and resistance to water penetration which will increase the rate of deterioration. 2. The walls when sounded with a hammer have indications that the mortar core of the wall appears to have had the lime leach from the mortar and only the sand remains in a significant portion of the wall. This brings the integrity of the core into question and is hard to address without major sections of removal and rebuilding. 3. At the upper floor joist level, the joists have long since been removed and the joist pockets, windowsills, chimney remnants and panels between the windows are so deteriorated that it may encourage the wall to fall in rather than out. It is unfortunate when the best thing that can be said about a portion of stonework is that it is deteriorating in a method that favours the less dangerous direction of the two directions towards which it would collapse. Even still it may fall outwards towards the road. The preservation of a stone ruin in the long term requires stabilization and repair sufficient to stabilize the works in decent condition and preventing water from entering and causing rapid deterioration. If we are looking at some of the methods that have been deployed in the past a structural steel supporting armature on foundations, repairing and tying the stone to the armature and sealing the skyward facing surfaces and sills would be the minimum required. Even when stabilized regular pointing at intervals would be required and the interval length would depend on the degree and extent that the structure is restored. Rebuilt and new walls require pointing at 20-to-30-year intervals and there is likely not the intent to tear down the building and rebuild a replica such that the core can truly be made solid. With some work on the core and extensive repointing the maintenance interval is likely to be the order of 10 to 20 years where repointing is required. Without designing the steel and trying to not over estimate each item the following is an order of magnitude estimate for the rough list of items required.
- Rough stabilization with construction of a steel frame within the building. This would not solve all issues but might prevent the walls from falling into the roadway. a) Access and Foundations …………………………………………………………………. $60,000 b) Steel Structure …………………………………………………………………………….. $200,000 c) Pointing, Mortar Fill and Stone Allowance ……………………………………… $476,225 SAY, not including HST …………………………………………………………………… $736,225 Contingency to a round number …………………………………………………………….. $63,775 TOTAL Say ……………………………………………………………………………………… $800,000
The numbers above are no more than representative and the resulting structure still does not meet code and will need reoccurring maintenance. The stone and mortar fill etc. allowance is based upon some assumed typical quantities for this work and pricing based on this and the past few years. The indication is that to stabilize and maintain this structure requires a significant investment and ongoing commitment. 2) Reoccurring Maintenance at 10-to-20-year intervals a)
Reoccurring Maintenance ……………………………………………………….. $476,225
Bellrock Mill Bellrock Mill at first looks more promising but quickly some issues are visible. With any wood structure the most significant threat is rot and once rot starts it is difficult to effectively contain. It is assumed that the intent for this building would be to restore it as some form of display or museum that could be visited by the public. If that is the intent with a wood building and assembly occupancy significant fire and code regulations must be met. In addition, in order to maintain a wood building in reasonable condition generally heating to keep the building dry is required which generally means consistent monitoring and sources of fuel or energy. Operating and maintenance etc. are all costs that would have to be considered. In my early years the company I worked with had significant involvement in the restoration of Delta Mill. While one client’s information is not made available to another on their website, they give an indication of the commitment and money spent to restore the mill and even that list is not comprehensive. Regardless some of the condition issues at Bellrock Mill should be defined. The immediate condition issues that are visible from the exterior at minimum include the following: 1.) Collapse of roof on rear half of building
Page 2
Page 70 of 109
2.) Rot along sill line on lean to shed on the back resulting in collapse of wall and roof 3.) The “better” portion of the building towards the road- Columns and frames have been pulled towards the rear and middle collapsed portions of the building a.
Columns lean back towards that portion of the building
b.
Front wall leans back and roof diaphragm shifted
c.
Visible distortion around doorway where the frame is skewed relative to the door.
4.) Strength of roof in the better portion light construction not meant for heavy snow loads. 5.) Main supporting beam over tailrace (supports large portion of better building) sagging from rot and creep. 6.) Distortion and gapping in siding indicating general overall building movements. The method of estimating the potential repairs to the building would require much more concept development but again an order of magnitude can be derived by looking at the square foot costs of this type of construction. To provide an estimate it must be first understood that the element-by-element restoration of a wood buildings, especially with this level of issues, can cost more and sometimes much more than tearing it down and building new. Generally, if the increased cost of construction during the pandemic is somewhat reduced the per square foot cost of new construction is roughly $250 per sqft. I was recently involved in a restoration where every board that could be proved to be original had to be saved and the cost was a new high with pandemic costs of $638 per sqft. A more typical cost where most original work is saved but cost versus preservation is considered is around $450 per sqft. Without measurements and providing some allowances the square footage of the mill was estimated at 4975 sqft. The first thing to do would to be actually verify the size of the building but it is of that order of magnitude. Using this figure for comparison the three benchmark costs for just construction of the building would work out as follows: New Construction $250/sqft ……………………………………………………………………. $1,243,750 Painstaking Restoration $638/sqft ……………………………………………………………. $3,174,050 Typical Heritage Restoration $450/sqft …………………………………………………….. $2,238,750 Regardless of the option selected there are significant funds involved in the construction and again then the maintenance costs start. This does not include the interior equipment and functional displays and if those are present then security and mill staff and maintenance of those items also must occur. Some of the interior equipment I believe at Delta Mills was completed by the Delta Mills society themselves. While Delta mills is a great community asset it has required significant effort dedication and money. While the tone of this letter is not encouraging the intent is to provide some reflection of the actual implications and costs of pursuing this type of restoration. Some of the key dimensions cost etc. would deserve more refinement if it was decided to pursue restoration but they are a preliminary indication of what is likely required. There are many costs not considered such as design, permitting and eventually insurance etc and then HST on all of the costs. One important aspect is that it is my understanding that the township commissioned a 3-D heritage documentation scan of the building. This will be the only record of the building before the collapse, and it is crucial that the township obtain the copy of that scan. Without the scan crucial dimensions will be lost. There has also been discussion of owners being able to 3-d print from a scan a scale model of the structure. I have not seen cost effective versions of this yet but in the years to come this would seem very possible if the data is preserved. Yours sincerely,
Andy Huctwith, P.Eng., CAHP Lead Engineer, Senior Technical Advisor Heritage / Movable Bridges Transportation Engineer, Kingston & Ottawa
Page 3
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FIGURE 1: PETWORTH – DETERIORATION AT INTERIOR FLOOR LEVEL FIGURE 2: PETWORTH STONE CONFIGURATION GENERAL SHATTER OF MORTAR
FIGURE 3: Petworth – Missing mortar most joints
FIGURE 4: Petworth Missing Mortar and Stone wall facing road.
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FIGURE 5: Bellrock – General collapse roof on the rear shed of the building.
FIGURE 6: Bellrock – Collapse of walls, floor and roof middle shed.
FIGURE 7: Bellrock – Rotting sagging beam over tailrace with distortion and bulging in siding above beam indicating progress distortion or collapse of this section.
FIGURE 8: Rear of better portion of building.
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To: Council Prepared by: Office of the Clerk Date of Meeting: February 7, 2023 Subject: Summary
Implementation of Administrative Monetary Penalties – Dog Control 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 2001-66, as amended, being ‘A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac’. Recommendation That Council recommend as follows: a) That By-law 2023-10 attached as Exhibit A, being ‘A By-law to Amend By-law 202270, As Amended, A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’, be given first and second reading. b) That By-law 2023-10 attached as Exhibit A, being ‘A By-law to Amend By-law 202270, As Amended, 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 2023-11 attached as Exhibit B, being ‘A By-Law to Amend By-Law 2001-66, As Amended, 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. d) That By-law 2023-11 attached as Exhibit B, being ‘A By-Law to Amend By-Law 2001-66, As Amended, 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 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 and subsequent amendments enables the Township of South Frontenac to apply AMPs to address violations under Trailer License www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 74 of 109 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Dog Control By-law
By-law (By-law 2004-93), the Safe Properties By-law (By-law 2007-13) and Noise By-law (By-law 2015-41). Discussion/Analysis Currently, the only recourse in which the Township can seek prosecution with respect to a Dog Control By-law violation is under the Provincial Offences Act or the Dog Owners' Liability Act. Traditionally, prosecution under either Act involves an often lengthy and costly process. 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 or the Dog Owner’s Liability Act. Furthermore, unpaid AMPs can be assigned to the property tax roll. It is in this light that it is recommended that Administrative Monetary Penalties By-law be further amended to permit the application of AMPs to the Dog Control By-law, By-law 2001-66, as amended. To facilitate the application of AMPs under the Dog Control By-law, several administrative amendments are required to the Administrative Monetary Penalties By-law (Exhibit A) and the Dog Control By-law (Exhibit B). The following provides a detailed summary of the proposed amendments. Summary of Administrative Amendments to the Administrative Monetary Penalties By-law, As Amended (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, as amended be further amended to include the following: “4. Township of South Frontenac, By-law 2001-66, As Amended, A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac.”
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Page 75 of 109 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Dog Control By-law
c)
By-law 2022-70, Schedule B
i.
Township of South Frontenac, By-Law Number 2001-66, As Amended, A ByLaw To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac
It is recommended that the following administrative monetary penalties be implemented to discourage violations of the Dog Control By-law. The proposed range of AMPs is between $100.00 and $500.00. By-Law Section 3. a. 3. c. 3. f. 4. a 4. c.
e.
a.
e.
f.
Short Wording
Penalty Amount
Fail to register and license a dog by the later of March 1 of each year or the dog attaining the age of two months.
$150.00
Fail to securely fix a license tag on a dog at all times.
$100.00
Fail to obtain a kennel license by March 1 of each year. Permit a dog to become a public nuisance.
$300.00 $150.00
Fail to keep the dog leashed and under the control of some person when the dog is on land in the municipality other than the land owned by the owner of the dog, unless prior consent is given by the person owning the land on which the dog is found.
$150.00
Permit a dog to run at large in the Township of South Frontenac.
$150.00
Continue to permit a dog to run at large in the Township of South Frontenac. (Second Occurrence)
$300.00
Continue to permit a dog to run at large in the Township of South Frontenac. (Additional Occurrence – greater than two occurrences)
$500.00
Fail to comply with the rules of the Centennial Park, Off Leash Dog Park.
$200.00
Fail to comply with an Order to Muzzle (DOLA)
$500.00
Fail to comply with an Order to Muzzle.
$500.00
It is important to note that as per the Municipal 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.
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Page 76 of 109 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Dog Control By-law
Summary of Administrative Amendments to the Dog Control By-law (Exhibit B): By-law 2023-11 attached to the Report as Exhibit B outlines amendments to the By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac, as amended which are required for the administration of administrative monetary penalties. In order to issue an AMP for violation of Sections 3. a) or 3. f) of the By-law an amendment is required to provide clarity regarding the deadline to acquire a dog license or kennel license. Staff believe that the proposed AMPs will increase compliance with respect to licensing. To provide clarity to Section 3. a) of By-law 2001-66, as amended it is recommended that Section 3. a) be deleted in its entirety and replaced with the following: “3.a) The owner of any dog shall between the first day of January in each year and the first day in March in each year or such dog shall attain the age of two (2) months, cause the same to be registered, numbered, described and licensed in the office of the Treasurer of the Township Office in the municipality or at such other places as Township Council may from time to time designate. The deadline for registration of a dog shall be designated by Council or the date upon which the dog attains the age of two months, whichever is later.” The proposed amendment seeks to replace the phrase “the first day of January in each year and such day as Council shall designate such dog shall attain the age of two (2) months” with the following phrase “the first day of January in each year and the first day in March in each year or such dog shall attain the age of two (2) months” to establish a clear deadline of the first day of March. To provide clarity to Section 3. f) of By-law 2001-66, as amended it is recommended that Section 3. f) be deleted in its entirety and replaced with the following: “3.f) The owner of a kennel shall renew the kennel license by the first day in March of each year. All kennel licenses shall expire on the 31st day of December in the next year.” Similarly, the proposed amendment defines the first of March as the deadline to renew a kennel license. To address obstruction of Provincial Offences Officers while undertaking their duties, it is recommended that By-law 2001-66, as amended, be further amended to include the following clause: “6.g) 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 www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 77 of 109 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Dog Control By-law
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.” To permit administrative monetary penalties to be applied to violations under the Dog Control By-law, it is recommended that By-law 2001-66, as amended, be further amended to include the following clause: “7.c) 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, as amended, be liable to pay to the Township an Administrative Monetary Penalty in accordance with By-Law Number 2022-70.” 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 Dog Control 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
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Page 78 of 109 Township of South Frontenac Staff Report - Implementation of Administrative Monetary Penalties – Dog Control By-law
Attachments Exhibit A – By-law 2023-10 - A By-law to Amend By-law 2022-70, As Amended, ‘A By-Law to Impose Administrative Monetary Penalties on Violations Of Municipal By-Laws’ Exhibit B – By-law 2023-11 - 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 Submitted By:
James Thompson Clerk Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 79 of 109
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-10 A BY-LAW TO AMEND BY-LAW 2022-70, As Amended, “A BY-LAW TO IMPOSE ADMINISTRATIVE MONETARY PENALTIES ON VIOLATIONS OF MUNICIPAL BYLAWS”
WHEREAS Council desires to update By-law 2022-70, As Amended; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2022-70, As Amended, “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: “4. Township of South Frontenac, By-law 2001-66, As Amended, A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac.” Schedule B is amended to include following Administrative Monetary Penalties related to By-law 2001-66, As Amended: By-law 2001-66, As Amended, A By-Law To License Dogs, And For Regulating The Running At Large Of Dogs Within The Corporation Of The Township Of South Frontenac By-Law Section
Short Wording
Penalty Amount
- c.
Fail to register and license a dog by the later of March 1 of each year or the dog attaining the age of two months. Fail to securely fix a license tag on a dog at all times.
- f.
Fail to obtain a kennel license by March 1 of each year.
$300.00
- a
Permit a dog to become a public nuisance.
$150.00
- c.
Fail to keep the dog leashed and under the control of some person when the dog is on land in the municipality other than the land owned by the owner of the dog, unless prior consent is given by the person owning the land on which the dog is found.
$150.00
Permit a dog to run at large in the Township of South Frontenac.
$150.00
- a.
$150.00 $100.00
- a.
Continue to permit a dog to run at large in the Township of South Frontenac. (Second Occurrence) Continue to permit a dog to run at large in the Township of South Frontenac. (Additional Occurrence – greater than two occurrences) Fail to comply with the rules of the Centennial Park, Harrowsmith, Off Leash Dog Park.
- e.
Fail to comply with an Order to Muzzle (DOLA)
$500.00
- f.
Fail to comply with an Order to Muzzle.
$500.00
- e.
$300.00 $500.00 $200.00
Page 80 of 109
- g.
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: February 7, 2023 Given Third Reading signed and sealed February 7, 2023 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 81 of 109
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-11 A BY-LAW TO AMEND BY-LAW 2001-66, AS AMENDED “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, As Amended; NOW THEREFORE the Corporation of the Township of South Frontenac enacts as follows: 1.
By-law 2001-66, As Amended, “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: Schedule 3. a), is deleted and replaced with the following: “3.a) The owner of any dog shall between the first day of January in each year and the first day in March in each year or such dog shall attain the age of two (2) months, cause the same to be registered, numbered, described and licensed in the office of the Treasurer of the Township Office in the municipality or at such other places as Township Council may from time to time designate. The deadline for registration of a dog shall be designated by Council or the date upon which the dog attains the age of two months, whichever is later.”; Schedule 3. f), is deleted and replaced with the following: “3.f) The owner of a kennel shall renew the kennel license by the first day in March of each year. All kennel licenses shall expire on the 31st day of December in the next year.”; Section 6. is amended by adding Clause 6.g. to read as follows: “6.g. 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.” Section 7 is amended by adding Section 7.c. to read as follows: “7.c. 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.”; and
This By-law will come into force and take effect on the date of its passing.
Page 82 of 109
Given First and Second Readings: February 7, 2023 Given Third Reading signed and sealed February 7, 2023 THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 83 of 109
To: Council Prepared by: Corporate Services Department Date of Meeting: February 7, 2023 Subject: 2023 Interim Tax Levy
Summary This report and the attached by-law provide the Township the ability to levy interim property tax amounts to properties within the Township and provides for penalties to be charged on outstanding arrears.
Recommendation That By-law 2023-12 to establish interim property taxes for 2023 be given first and second reading; and That By-law 2023-13 be given third reading, signed and sealed.
Background Under Section 290 of the Municipal Act, 2001, S.O. 2001, the Council of a local municipality, before having adopted its final tax rate for the year, can pass a by-law to levy interim amounts on the assessment of properties in the local municipality.
Discussion/Analysis The attached by-law provides for the interim billing of 35% of the prior year’s tax levy with a due date of Friday, March 31st, 2023. Further, the by-law provides for penalties to be charged the 1st of each month on outstanding arrears at a rate of 1.25%. These amounts are consistent with the provisions of the Municipal Act and are the same rates as in previous years.
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Page 84 of 109 Township of South Frontenac Staff Report - 2023 Interim Tax Levy
Financial Implications Approval of the interim tax bylaw is required for the Township to levy 35% of the prior year’s tax levy. The final billing in June will incorporate the 2023 tax rate driven from the finalized 2023 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: Choose an item.
Attachments •
By-law 2023-12
Approvals Submitted By:
Shelley Stedall, Dipl. B.Admin. AMCT Director of Corporate Services & Treasurer Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
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Page 85 of 109
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-12 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY; PAYMENT OF TAXES; TO PROVIDE FOR PENALTY AND INTEREST OF 1.25% ON TAX ARREARS PER MONTH WHEREAS Section 317(1) and (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that: 1.
The Council of a local municipality, before the adoption of the estimates for the year under section 290 of the Municipal Act, 2001, may pass a by-law levying amounts on the assessment of the property in the local municipality rateable for local municipality purposes.
A by-law for levying amounts under subsection (1) shall be passed in the year that the amounts are to be levied or may be passed in November or December of the previous year if it provides that it does not come into force until a specified day in the following year.
AND WHEREAS sub-section 317(3) of the Municipal Act, 2001, contains the following additional rules: 1.
The amounts levied on a property shall not exceed the prescribed percentage, or 50 percent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year.
The percentage under paragraph 1 may be different for different property classes but shall be the same for all properties in a property class.
For the purposes of calculating the total amount of taxes for the previous year under paragraph 1, if any taxes for municipal and school purposes were levied on a property for only part of the previous year because assessment was added to the collector’s roll during the year, an amount shall be added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year.
AND WHEREAS sub-section 317(5) of the Municipal Act, 2001, contains the following additional rule: 1.
The amounts may be levied on assessment added to the tax roll for the current year that was not on the assessment roll upon which the amounts are levied.
AND WHEREAS Section 342 (1)(a) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the Council of a local municipality may pass by-laws providing for the payment of taxes in one amount or by installments and the date or dates in the year for which the taxes are imposed on which the taxes or installments are due. AND WHEREAS Section 345(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the Council of a local municipality may pass by-laws to impose late payment charges for the non-payment of taxes or any installment by the due date. AND WHEREAS sub-sections 345(2) and (3) of the Municipal Act, 2001, contains the following additional rules: 1.
A percentage charge, not to exceed 1 ¼ per cent of the amount of taxes due and unpaid, may be imposed as a penalty for the non-payment of taxes on the first day of default or such later date as the by-law specifies.
Interest charges, not to exceed 1 ¼ per cent each month of the amount of taxes due and unpaid, may be imposed for the non-payment of taxes in the manner
Page 86 of 109 …2
specified in the by-law but interest may not start to accrue before the first day of default. AND WHEREAS Section 346(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the Council of a local municipality may pass by-laws to provide for the payment of taxes by any person into a financial institution to the credit of the treasurer of the municipality and, in that case, the person making the payment shall be entitled to be issued a receipt by the institution for the amount paid. AND WHEREAS Council deems it expedient to pass a by-law for such purposes. NOW THEREFORE the Council of the Corporation of the Township of South Frontenac enacts as follows: 1.
For all property classes, that an interim tax levy hereby be imposed and levied in the amount of 35% of the total annualized taxes for municipal and school purposes levied on the property in the previous year.
For the purposes of calculating the total amount of taxes for the prior year under paragraph 1, the following rules shall also apply: a. Taxes for municipal and school purposes levied on a property for only part of the previous year because assessment was added to the collector’s roll during the year, shall have an amount added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year. b. In the event that assessment has been added to the tax roll for the current year that was not on the assessment roll in the prior year, the related properties shall have an interim levy imposed and collected.
The said interim tax levy shall become due and payable on the 31st day of March 2023.
On all taxes of the interim tax levy which are in default on the first day of default, a penalty of 1.25% shall be added and thereafter a penalty of 1.25% per month (15% per annum) shall be added on the first day of each and every month in which the default continues.
On all other taxes in default on January 1st, 2023, interest shall be added at the rate of 1.25% per month (15% per annum) or fraction thereof.
Penalties and interest on all taxes of the interim tax levy in default shall become due and payable and shall be collected forthwith as if the same had originally been imposed and formed part of such unpaid interim tax levy.
The collector shall send a tax bill to the taxpayer’s residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address.
The taxes are payable at the following: a)
Township of South Frontenac municipal offices located at: 4432 George Street, Sydenham, Ontario
b)
At any financial institution or payment processor having payment arrangements with the Township of South Frontenac.
c)
By filing an application for voluntary pre-authorized payment for automatic debit of installment from bank account, in accordance with the Township’s standard practice.
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d)
By credit card through a third party processor. The link is available on the Township website www.southfrontenac.net and can be found under living here/property taxes/how to pay
e)
By payment through Virtual Municipal office. The site can be accessed through https://vmo.southfrontenac.net:1080/vch/
The Treasurer is hereby empowered to accept partial payments from time to time on account of taxes due and shall credit such payment first on account of the interest and percentage charges, if any, added to such taxes and shall credit the remainder of such payment against that part of the taxes that has been in arrears for the greatest period of time but no such payment shall be received after a tax arrears certificate has been registered under section 378 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.
This by-law shall come into force and take effect on the day of passing.
Dated at the Township of South Frontenac this 7th day of February, 2023. Read a first and second time this 7th day of February, 2023. Read a third time and finally passed this 7th day of February, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 88 of 109
To: Council Prepared by: Development Services Department Date of Meeting: February 7, 2023 Subject:
Zoning By-law Amendment Application PL-ZBA-2022-0127, Jones, 1829 Morrison Road
Summary This report recommends that Council pass a by-law to change the zone on the subject property to permit a secondary dwelling unit.
Recommendation That By-law 2023-13 being a By-law to amend By-law 2003-075, as amended, to rezone land from the Rural (RU) zone to Rural – Special Provision (RU-69) zone on lands described as 1829 Morrison Road, Part 4, Reference Plan 13R10719, Part Lot 12, Concession 5, District of Loughborough be given first and second reading; and That By-law 2023-13 be given third reading, signed and sealed.
Background Council held a virtual public meeting under the Planning Act on October 11, 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 property from Rural (RU) zone to property specific Rural zone (RU-69) to permit a secondary dwelling unit on the property. The applicant proposes to construct a 525 square foot, one storey secondary dwelling unit in a new detached accessory building at the rear of the property. Attachment 1 to this report contains a plot plan that shows the location of buildings and structures on the property, as well as the floor plan of the secondary dwelling unit.
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Page 89 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0127, Jones, 1829 Morrison Road
Property Description The subject property is located on Morrison Road north of Spaffordton, in an established residential area. The property is one acre in area and has 45 metres of road frontage. There is an existing two-storey dwelling with an attached garage with an approximately 1,900 square foot footprint on the property, as well as a small garden shed and a woodshed. The property is in a maple forest. The lands slope from north to south (from Morrison Road to the rear of the property). The rear of the property contains pockets of seasonally wet land. There is an area immediately to the south of the property that is permanently wet or flooded. Related Applications The subject property is not subject to any other applications under the Planning Act. Department and Agency Comments Building Services indicated that the property would be capable of providing flexibility in siting a separate sewage system for the secondary dwelling unit based on the information provided in the submitted Application to Construct a Sewage System. The owner will need to submit a building permit application for the secondary dwelling unit if the rezoning application is approved by Council. Public Comments A virtual public meeting was held under the Planning Act on October 11, 2022. Written comments were received prior to the meeting from Travis Ratcliffe and Sarah Askew (1841 Morrison Road). They raised several concerns. The first concern related to the environmental impact of an additional septic system located in close proximity to existing septic systems on the property and neighbouring properties, particularly whether the additional septic system would make the wet area at the back of their property more frequently wet or always wet. The second concern related to the loss of privacy from the proposed dwelling offering a direct view into the back windows of their home. These matters are discussed in the Planning Analysis below. Their third concern related to the potential for the proposed dwelling to become a rental for short-term or long-term tenants, and other residents requesting similar uses. Although the intent of the applicants is for family to reside in the secondary dwelling unit, staff acknowledge that over time it could be rented out. The Township cannot regulate the tenancy of dwellings through the Zoning By-law, per the Ontario Human Rights Code.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 90 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0127, Jones, 1829 Morrison Road
Their fourth concern related to potential impact on the resale value of neighbouring properties. Staff cannot speak to the impact of a property with a secondary dwelling unit on the resale value of neighbouring properties, as it is outside the scope of planning. It is noted that there is a strong interest in properties that contain multiple dwelling units. At the meeting, Councillor Ruttan raised concerns about supporting two houses and two sewage systems on a one acre rural property, when new lots must be at least two acres in area. He did suggest that he could support a granny suite. Both Councillor Ruttan and Mayor Vandewal recalled drainage and flooding issues in this neighbourhood that required a major drainage ditch construction. The Mayor wanted assurance that there is a mechanism to require a lot grading and drainage plan. These matters are discussed in the Planning Analysis below. Planning Analysis The subject property is zoned Rural (RU). The RU zone permits one dwelling per property. The proposed zoning by-law amendment 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 Planning Act was amended in September 2019 by Bill 108 to permit additional residential units on a property which contains a detached house, semi-detached house or rowhouse. Two additional residential units may be permitted within these structures, and an additional residential unit may be permitted in a building or structure ancillary to the house on the same property. Terms used to describe additional residential units include secondary dwelling unit, secondary suite, basement apartment, granny flat and granny suite. This amendment to the Planning Act, once implemented in an official plan and zoning by-law, supports the accommodation of affordable housing in local municipalities. A further amendment to the Planning Act related to additional residential units was made in 2022 by Bill 23. The latest amendment has no impact on the subject application as the property is not located in an urban area with both municipal water and sewer services. Section 5.6.2 of the County of Frontenac Official Plan requires the Township Official Plan to permit additional residential units. While required to permit additional units, the Township retains control over the location, access and servicing required for these units. The Township Official Plan does not provide specific direction on how many dwellings or dwelling units may be permitted on a property. In this situation, one must look to the Planning Act and the Provincial Policy Statement for direction. As indicated above, the accommodation of affordable housing through additional residential units is encouraged under the provisions of the Planning Act. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 91 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0127, Jones, 1829 Morrison Road
In the absence of Official Plan policies, the Township looks to the information published by the Province in the Second Unit Info Sheet (Ministry of Municipal Affairs, Spring 2017) and to recent amendments to the Planning Act. The Info Sheet describes what an additional residential unit is and provides considerations for where it may be appropriate to permit these units. These considerations include locations on roads that are maintained yearround and accessible by Emergency Services, as well as demonstrating that on-site water and sewage services have sufficient capacity for the additional dwelling unit(s). The proposal meets or will meet the intent of the above considerations in the following manner. Access and Parking The subject property is located on Morrison Road, which is maintained year-round by the Township and is accessible by Emergency Services. The secondary dwelling unit will use the existing driveway for access. There is sufficient area on the property to accommodate additional parking spaces required for the secondary dwelling unit. Drinking Water The secondary dwelling unit will be connected to the existing well on the property. Regarding on-site water services, the Provincial Guideline D-5-5 Private Wells: Water Supply Assessment explains how to calculate the minimum pumping test rate and well yield required for a particular development based on a peak demand rate for each person and the likely number of persons (based on number of bedrooms plus one) per well. The Owner provided a copy of a well pump test from a well and water treatment professional that included a professional opinion that the well can produce 10 gallons per minute (45.4 litres per minute). The pumping rate is greater than that required by the provincial guideline (i.e. 22.5 litres per minute based on 3.75 litres per minute per person multiplied by 6), which suggests that the existing well can produce an adequate volume of water for both the primary dwelling and the secondary dwelling unit. Drinking water quality (potable water) will need to be confirmed as part of the required permit under the Ontario Building Code. Any water quality concerns can generally be addressed through an appropriate water treatment unit. Sewage System Regarding on-site sewage services, the Owner proposes to install a second sewage system to service the secondary dwelling unit. A second system is proposed because the existing system is not large enough to accommodate additional flows, and it is nearing the end of its life. The second system is also proposed so that it can be gravity fed from the secondary dwelling unit (the building will be approximately 1.5 metres lower than the existing sewage system, which would require pumps). The Owner is currently proposing a small Eljen GSF www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 92 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0127, Jones, 1829 Morrison Road
system, which requires less area than a traditional leaching bed system. The sewage system will be setback at least 50 metres from the nearest well, which is located on the subject property. Wells on neighbouring properties would be farther away. As indicated above, Building Services confirmed that the property would be capable of providing flexibility in siting a separate sewage system for the secondary dwelling unit. The Ontario Building Code does not limit the number of sewage systems that can be installed on a property. The Ontario Building Code does contain standards that would ensure that the sewage system will not be flooded, nor will it contribute to the seasonally wet areas on the subject property and neighbouring properties. Drainage The rear of the property where the secondary dwelling unit would be located is low-lying relative to the land around it. Aerial photography suggests that this area is on the periphery of a seasonally wet area in the forest that is on the property to the south. An agent for the Owner confirmed based on their observations that there is a shallow layer of topsoil over hardpan soil, which causes water to collect in pockets on the subject property before draining away or infiltrating the ground. The design of the building and sewage system as well as site grading will need to account for local drainage through this area. Site plan control cannot be used to regulate lot grading and drainage on the subject property due to changes to the Planning Act through Bill 23 in late 2022. The Owner will be required to demonstrate at the building permit stage that there will be positive drainage from the building and sewage system, per the Ontario Building Code. The agent for the Owner provided the Township with a preliminary plan that proposes surface water flow from the upper part of the property in a swale around the north side of the secondary dwelling unit and sewage system, with the swale outleting at the south end of the property, away from the residential properties to the west and east. Neighbourhood Impacts The property is in an established residential area, and there is an agricultural property to the rear (south). The secondary dwelling unit is proposed to be located at the southeast corner of the property in a location that complies with the Rural zone provisions (e.g. setbacks from property lines). This accessory building is located to the rear of the property, and is visually screened from most properties by the existing dwelling as well as the topography and vegetation of the site. The building would be one-storey and would be located at a lower elevation than the surrounding houses. The building floor plans show no windows on the west wall, and most windows are on the east and south walls, where the living room would be located. Most views from the building would be away from the surrounding houses. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 93 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0127, Jones, 1829 Morrison Road
The Rural zone permits a maximum of 20% lot coverage for single detached residential uses. The existing dwelling on the property accounts for approximately 4% of the lot coverage. The secondary dwelling unit would account for an additional 1.2% lot coverage. Overall, the proposal would be compatible with the surrounding land uses. 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.
Notice/Consultation Council held a virtual public meeting under the Planning Act on October 11, 2022.
Attachments
- Site Plan and Floor Plan
- By-law 2023-13
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 94 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0127, Jones, 1829 Morrison Road
Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Brad Wright, Director of Development Services Approved By:
Louise Fragnito, CPA, CGA Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Page 95 of 109
Page 96 of 109
Page 97 of 109
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-13 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM THE RURAL (RU) ZONE TO RURAL – SPECIAL PROVISION (RU-69) ZONE ON LANDS DESCRIBED AS 1829 MORRISON ROAD, PART 4, REFERENCE PLAN 13R10719, PART LOT 12, CONCESSION 5, DISTRICT OF LOUGHBOROUGH: JONES 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 Rural (RU) to Rural – Special Provision (RU-69) 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-69 (1829 Morrison Road, Part 4, Reference Plan 13R10719, Part Lot 12, Concession 5, District of Loughborough – Jones) immediately after the last Rural – Special Provision section to read as follows: RU-69 (1829 Morrison Road, Part 4, Reference Plan 13R10719, Part Lot 12, Concession 5, District of Loughborough – Jones) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-69), the following provisions apply: • •
•
A second dwelling unit in an accessory building shall be permitted. A second dwelling unit shall mean an accessory building which contains one or more habitable rooms designed and occupied as an independent dwelling in which living, kitchen, and bathroom facilities are provided, and which is located on the same lot as a single detached dwelling. The single detached dwelling and the second dwelling unit in an accessory building shall be established in close proximity to each other and shall be accessed by a shared driveway and be serviced by a shared sewage system and/or well.
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 7th day of February, 2023.
Read a first and second time this 7th day of February, 2023.
Page 98 of 109
Read a third time and finally passed this 7th day of February, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 99 of 109 Schedule 1 This is Schedule “1” to By-law No. 2023-##.
Passed this 7th day of February, 2023
Ron Vandewal, Mayor
James Thompson, Clerk
Page 100 of 109
To: Council Prepared by: Development Services Department Date of Meeting: February 7, 2023 Subject:
Zoning By-law Amendment Application PL-ZBA-2022-0157, Shepherd, 1646 Shales Road
Summary This report recommends that Council pass a by-law to change the zone on a portion of the subject property from the Rural (RU) zone to a property specific Rural (RU-68) zone to permit a deficient lot frontage of 55 metres.
Recommendation That By-law 2023-14 being a By-law to amend By-law 2003-075, as amended, to rezone land from the Rural (RU) zone to Rural – Special Provision (RU-68) zone on lands described as 1646 Shales Road, Part of Lot 17, Concession 11, District of Loughborough be given first and second reading; and That By-law 2023-14 be given third reading, signed and sealed.
Background Council held a virtual public meeting under the Planning Act on January 17, 2023, on the proposed amendment to Zoning By-law No. 2003-75. This application is being brought forward to Council for a decision.
Property Description The subject property is located at the end of Shales Road, which is off Perth Road just north of Perth Road Village. There is existing residential development and agricultural uses surrounding the subject property along Shales Road and Cove Lane. The subject property is approximately 35 hectares (83 acres) in area with 131 metres (430 feet) of frontage on Shales Road. It also abuts Cove Lane, a private lane located to the west of the subject property. The subject property contains a dwelling, a number of outbuildings, including barns and sheds.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 101 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0157, Shepherd, 1646 Shales Road
The subject property and the surrounding area consist of farmland and forest. There is a large unnamed water body on the north of the subject property. There is also a watercourse running from the water body south to Shales Road and Bear Lake. The area around the watercourse consists of low-lying wet area. The severed parcel (the lands to be rezoned) consists of approximately 1.3 hectares (3.3 acres) of vacant land. It has 55 metres of frontage on Shales Road. The severed parcel consists mostly of brush and pockets of wetland. The watercourse is located along its eastern property line. Summary of Application The subject property is subject to consent application S-04-21-L for a new residential lot. Provisional approval of the consent application was granted subject to conditions by the Committee of Adjustment on December 9, 2021. One condition requires the severed parcel to be rezoned. The proposal is to change the zone on the severed parcel from the Rural (RU) zone to a property specific Rural (RU-68) zone. This change would permit the severed parcel to have a minimum 55 metre (180.4 foot) lot frontage whereas a minimum 76 metre (250 foot) lot frontage is generally required. Related Applications The subject properties are not subject to any other applications under the Planning Act.
Discussion/Analysis Department and Agency Comments Building Services was not circulated the rezoning application as they had no objection to the consent application. They had indicated that the severed parcel would be capable of providing flexibility in siting a sewage system. Public Services was not circulated the rezoning application as they had no objection to the consent application. They had indicated that there would be adequate sight lines for an entrance for the severed parcel with the removal of some brush alongside Shales Road. Draining/ditching concerns were identified, and it was noted that access to the new lot may have to consider crossing of the existing drainage channel near the frontage, and that Conservation Authority permits may be applicable. The overall road condition is adequate to serve increased development/traffic. Cataraqui Conservation was not circulated the rezoning application as they had no objection to the consent application. They had noted that there appears to be a suitable building envelope outside of the required 30 metre setback for the watercourse and www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 102 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0157, Shepherd, 1646 Shales Road
wetlands on the severed parcel. They also noted that there is a suitable development envelope outside of any lands that may be susceptible to erosion and flooding on the severed parcel. A permit under O. Reg 148/06 may be required for future development on the lot. Public Comments A virtual public meeting was held under the Planning Act on January 17, 2023. No members of the public spoke to this application at the meeting. One nearby landowner provided written support for the rezoning application prior to the meeting. Planning Analysis The proposed zoning by-law amendment 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 resource-based recreational uses, as well as residential lot creation and development that is compatible with the rural landscape (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. The Committee of Adjustment had consideration for these planning documents and policies in the decision to grant provisional approval to the consent application for a new residential lot. It was determined that the severed parcel could be determined in compliance with the required Minimum Distance Separation Formulae I (MDS I) setbacks from two existing, nearby livestock barns. There is also sufficient area on the severed parcel for development to be setback more than 30 metres from the watercourse, and outside any lands that may be susceptible to flooding and erosion. The severed parcel is zoned Rural (RU). The parcel needs to be rezoned to a site-specific Rural zone (RU-68) in order to recognize that it will have 55 metres of lot frontage on Shales Road instead of the 76 metres required by the Township Official Plan and by Zoning By-law No. 2003-75 for the Rural zone. Section 5.7.4 of the Township Official Plan requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to conform to the provisions of the zoning by-law. A minimum lot area of 0.8 hectare with a minimum of 76 metres of frontage on a public road is required. Section 5.7.4(ii)(a) indicates that the Township may consider reductions to the minimum lot size and frontage requirements provided the overall intent of the Official Plan is maintained. The severed parcel, with an area of 1.3 hectares exceeds the required minimum lot area. The www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 103 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0157, Shepherd, 1646 Shales Road
severed parcel will provide adequate lot area to provide the functional needs for the proposed residential use on the lot. The retained lot will comply with the requirement for minimum frontage on a public road. The severed parcel is deficient in lot frontage as it consists of the remaining public frontage available from the subject property. Although the severed parcel abuts Cove Lane for 90 metres, this length does not count towards lot frontage because frontage must be on a public road unless the lands are zoned Limited Service Residential. In addition, the applicant intends to access the severed parcel from Shales Road, and the subject property does not have a right-of-way over the private lane. Minimum road frontages are required in order to ensure a development pattern that is reasonably consistent in nature, to avoid an overdeveloped appearance, and to help ensure a reasonable separation between residential uses. The proposed reduced frontage on a public road will not have any negative impact on abutting residential land uses and is suitable for the intended single detached dwelling use of the severed parcel. The severed parcel is located at the end of Shales Road and there is limited development beyond the severed parcel on Cove Lane, most of which are seasonal dwellings. Being located at the end of the road with a turn-around avoids an overdeveloped appearance. The severed parcel will not result in any traffic hazards due to sightlines. It was determined that an entrance can be obtainable with appropriate sight lines on Shales Road. It is the opinion of staff that the proposed zoning by-law amendment conforms to the Provincial Policy Statement 2020, the County of Frontenac Official Plan, and meets the intent of the South Frontenac Official Plan. The application 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. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 104 of 109 Township of South Frontenac Staff Report - PL-ZBA-2022-0157, Shepherd, 1646 Shales Road
☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change.
Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Attachments
- By-law 2023-14
Approvals Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Brad Wright 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 105 of 109
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-14 BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) ZONE TO RURAL – SPECIAL PROVISION (RU-68) ZONE ON LANDS DESCRIBED AS 1646 SHALES ROAD, PART OF LOT 17, CONCESSION 11, DISTRICT OF LOUGHBOROUGH: SHEPHERD 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 Rural to Rural – Special Provision (RU-68) 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-68 (1646 Shales Road, Part of Lot 17, Concession 11, District of Loughborough – Shepherd) immediately after the last Rural – Special Provision section to read as follows: RU-68 (1646 Shales Road, Part of Lot 17, Concession 11, District of Loughborough – Shepherd) Notwithstanding the provisions of section 7.3.2 or any other provision of this Bylaw to the contrary, on the lands zoned Special Rural (RU-68), the following provisions apply: •
Lot Frontage (Minimum)
55 Metres (180.4 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 7th day of February, 2023. Read a first and second time this 7th day of February, 2023. Read a third time and finally passed this 7th day of February, 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
Page 106 of 109 Schedule 1 This is Schedule “1” to By-law No. 2023- 14.
Passed this 7th day of February, 2023
Ron Vandewal, Mayor
James Thompson, Clerk
Page 107 of 109
From: Tamara Brown tamara@ontariofarmlandtrust.ca Sent: February 1, 2023 11:20 AM To: Tamara Brown tamara@ontariofarmlandtrust.ca Subject: 2023 Ontario Farmland Forum: Attn Mayors & Staff
Greetings, Please bring this information about the 2023 Ontario Farmland Forum to the attention of the Mayor and staff in your municipality. The forum is hosted by the Ontario Farmland Trust and will be held virtually and in Guelph on March 23, 2023. This year’s theme, “Planning to Save the Soil,” will be of interest to many elected officials and staff. Registration and the schedule are available on the Ontario Farmland Trust website. A flyer for circulation is available here as well. Thank you, Tamara Brown -Tamara Brown (they/them)
Events and Community Outreach Assistant Ontario Farmland Trust c/o University of Guelph Guelph, ON N1G 2W1
tamara@ontariofarmlandtrust.ca www.ontariofarmlandtrust.ca
The Ontario Farmland Trust acknowledges that our office at the University of Guelph is located on the ancestral homelands of the Anishinaabek Peoples, specifically the traditional territory of the Mississaugas of the Credit First Nation.
Page 108 of 109
January 30, 2023
AA-001-23
Via e-mail Mr. James Thompson, Deputy Clerk Township of South Frontenac 4432 George Street, P.O. Box 100 Sydenham, ON K0H 2T0 Dear Mr. Thompson, Re:
Cataraqui Conservation Municipal Levies – 2023
Cataraqui Conservation has adopted its budget for the year 2023 and apportioned to all its participating municipalities, by resolution, costs for administration, maintenance, and capital projects, in accordance with the Conservation Authorities Act of Ontario. As required by the Act, you are hereby notified that the apportioned cost to your municipality is $160,167.16. Your municipality has decided to make payment of Cataraqui Conservation’s levy in two parts: Installment Amount Due* st 1 $80,083.58 February 28, 2023 nd 2 $80,083.58 June 30, 2023
- Accounts received after the due date will be subject to an interest charge. Additional information on Cataraqui Conservation’s 2023 budget is available on our website https://cataraquiconservation.ca/pages/budget. Thank you in advance for your attention to this matter. Should there be related questions, please contact Cheryl Rider, Supervisor, Finance at 613-546-4228 ext. 225 or crider@crca.ca. Yours truly, (original signed by) Katrina Furlanetto, M.Env.Sc. General Manager KJF/dc Cc:
Ms. Louise Fragnito, CAO Mr. Ron Sleeth, Cataraqui Conservation Municipal Representative Ms. Shelly Stedall, Director of Corporate Services & Treasurer Mr. Scott Trueman, Cataraqui Conservation Municipal Representative
Cataraqui Region Conservation Authority 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
Page 109 of 109
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-15 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 FEBRUARY 7, 2023 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 February 7, 2023 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 February 7, 2023 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 February 7, 2023 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 7 day of February 2023. Read a third time and finally passed this 7 day of February 2023. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
James Thompson, Clerk
